Morganton City Zoning Code

ARTICLE 6

NONCONFORMITIES

6.1 Purpose and Applicability

The purpose of this Article is to avoid undue hardship by permitting the continued use of any building, structure, or property that was lawful at the time of the enactment of this Ordinance or any applicable amendment thereof even though such use, structure or property does not conform to the provisions of this Ordinance. However, this Article is also established to require that nonconforming situations be terminated under certain circumstances.

Nonconforming situations that were otherwise lawful on the effective date of this Ordinance may be continued, subject to the restrictions and qualifications set forth in this Article.

Many nonconformities may continue, but the provisions of this Article are designed to minimize substantial investment in nonconformities and to bring about eventual elimination and/or lessen their impact upon surrounding conforming properties in order to preserve the integrity of the area in which it is located and the intent of this Ordinance.

Minor repairs to and routine maintenance of property where nonconforming situations exist are permitted and encouraged. In no case, however, shall work costing more than 60 percent of the taxed value of the structure be done, singularly or cumulatively, within any five (5) year period.

Effective on: 1/1/1901

6.2 Nonconforming Lots

Where the owners of a lot of record at the time of the adoption of this Ordinance or successor in title thereto does not own sufficient land to enable the lot to conform to the area or lot width requirements of this Ordinance, then nonetheless, except as limited herein, such lot may be used as a building site provided all other dimensional requirements are met and provided that the use to be made of the property is not one to which larger than minimum lot area requirements are called for in the list of permitted uses table or additional requirements for certain uses.

However, within the LID and MID zoning districts, and provided that all other applicable zoning regulations other than lot area and width requirements are met, such non-conforming lots may only be used for construction of a single family dwelling.(Ord. No. 21-64, 12/06/2021)

Effective on: 12/6/2021

6.4 Nonconforming Structures

This category includes any structure not in conformance with the restrictions of this Ordinance after the effective date of adoption. Such nonconformities shall include, but not be limited to, height, bulk and setback.

6.6 Nonconforming Signs

Signs that were legally erected and were in place prior to the adoption of this Ordinance but which do not conform to the provisions of this Ordinance are declared nonconforming signs. Signs that were legally erected and that are in place and which conformed to the provisions of this Ordinance at the time erected, but which do not conform to an amendment of this Ordinance enacted subsequent to the erection of said signs also are declared nonconforming signs.

6.7 Certificate of Nonconformity Adjustment

A Certificate of Nonconformity Adjustment may be granted by the Board of Adjustment to enlarge, expand, or otherwise alter a nonconforming use or structure as set forth in this Article.

A.
Application for a Certificate of Nonconformity Adjustment shall be submitted to the Development and Design Services in accordance with Section 2.2.6.
B.
The Board of Adjustment shall conduct a public hearing on the application in accordance with the requirements of Section 2.2.6 in the manner prescribed in NCGS 160D-406.

Effective on: 5/1/2023

6.3.1 Open Uses of Land

This category of nonconformity consists of lots used for storage yards, motor vehicle sales, auto wrecking, junkyards and similar open spaces where the only buildings on the lot are incidental and accessory to the open use of the lot and where such use of the land is not permitted to be established hereafter, under this Ordinance, in the district in which it is located. A legally established non-conforming open use of land may be continued except as follows:

When a nonconforming use of land has been changed to a conforming use, it shall not thereafter revert to any nonconforming use.
A nonconforming open use of land shall be changed only to conforming uses.
A nonconforming open use of land shall not be enlarged to cover more land than was occupied by that use when it became nonconforming.
When any nonconforming open use of land is discontinued for a period in excess of 180 days, any future use of the land shall be limited to those uses permitted in the district in which the land is located. Vacancy and/or non-use of the land, regardless of the intent of the owner or tenant, shall constitute discontinuance under this provision.

Effective on: 1/1/1901

6.3.2 Uses of Structures

This category of nonconformity consists of buildings or structures used at the time of enactment of this Ordinance, or any amendment thereto, for purposes of use not permitted in the district in which they are located. Such uses may be continued as follows:

When a nonconforming use has been changed to a conforming use, it shall not thereafter revert to any nonconforming use.
A nonconforming use shall not be changed to another nonconforming use unless a Certificate of Nonconformity Adjustment is issued by the Board of Adjustment. The Board shall issue such a permit if it finds that the proposed use will be no less compatible with the neighborhood than the use in operation at the time the permit is applied for, and that the proposed use is of a same or higher classification as the existing nonconforming use. If a nonconforming use is changed to any use other than a conforming use without obtaining a Certificate of Nonconformity Adjustment pursuant to this paragraph, that change shall constitute a discontinuance of the nonconforming use, and shall be subject to penalties as set forth in Section 2.3. The order of classification of uses from highest to lowest for the purpose of this section shall be as follows:
1. Agricultural uses
2. Single-family dwellings
3. Two-family dwellings
4. Multifamily dwellings
5. Civic, government and institutional use
6. Office and service uses
7. Retail and wholesale
8. Recreation and entertainment uses
9. Industrial, transportation, utility uses
A nonconforming use may not be extended or enlarged, nor shall a structure containing a nonconforming use be altered except as follows:
1. Structural alterations as required by law or ordinance to secure the safety of the structure are permissible.
2. Minor repairs to and routine maintenance of property where a nonconforming use exists is permitted and encouraged. Major renovation - i.e., work estimated to cost more than 10 percent but less than 60 percent of the taxed value of the structure to be renovated may be done provided that the work will not result in a violation of any other paragraphs of this Subsection. In no case, however, shall work costing more than 60 percent of the taxed value of the structure be done, singularly or cumulatively, within any five (5) year period.
3. Expansion of a nonconforming use within a building or structure into portions of the structure which, at the time the use became nonconforming, were already erected and arranged or designed for such nonconforming use is permissible.
When any nonconforming use of a building or structure is discontinued for a period in excess of 180 days, the building or structure shall not thereafter be used except in conformance with the regulations of the district in which it is located. Vacancy and/or non-use of the land, regardless of the intent of the owner or tenant, shall constitute discontinuance under this provision.
Nothing herein shall prevent the maintenance, repair and extension of a single-family dwelling that is nonconforming as to use, provided it is done in conformance with the dimensional requirements of the MID zoning district, nor prevent the maintenance, repair, extension, or construction of a residential accessory building or swimming pool, provided done in conformance with the requirements of this Ordinance.

Effective on: 1/1/1901

6.3.3 Discontinuance of Nonconforming Uses

When active operation or occupancy of a nonconforming use is discontinued regardless of the purpose or reason for a consecutive period of 180 days, the property involved may thereafter be used only for conforming uses.

For purposes of determining whether a right to continue a nonconforming situation is lost pursuant to this Subsection, all of the buildings, activities and operations maintained on a lot are generally to be considered as a whole. For example, the failure to rent one (1) apartment in a nonconforming apartment building or one (1) space in a nonconforming manufactured home park for 180 days shall not result in a loss of the right to rent that apartment or space thereafter so long as the apartment building or manufactured home park as a whole is continuously maintained. But if a nonconforming use is maintained in conjunction with a conforming use, cessation of operation or occupancy of the nonconforming use for the required period shall terminate the right to maintain it thereafter.

Effective on: 1/1/1901

6.3.4 Discontinuance of Nonconforming Adult Oriented Businesses

Notwithstanding the provisions of Section 6.3.3 above, adult establishments shall be governed by the following:

Any adult establishment that fails to comply with the use and locational requirements of this Ordinance but which was lawfully operating before the effective date of this Ordinance, shall not be deemed to be in violation of this Ordinance but shall be a nonconformity. Any such business which ceases active operation for a continuous period of 30 days regardless of the purpose or reason shall be subject to all the requirements of this Ordinance and the property may thereafter be used only for conforming uses.
Any adult establishment lawfully operating as of the effective date of this Ordinance but which subsequently fails to comply with the use and locational requirements of this Ordinance as a result of changes within the vicinity or amendment to this Ordinance, shall not be deemed to be in violation of this Ordinance but shall be a nonconformity. Any such business which ceases active operation for a continuous period of 30 days regardless of purpose or reason shall be subject to all the requirements of this Article and the property may thereafter be used only for conforming uses.

Effective on: 1/1/1901

6.4.1 Continuation of Nonconforming Structures

Nonconforming structures shall be allowed to remain with the following conditions:

A nonconforming structure may not be enlarged or altered in any dimension that increases the nonconformity except where maintenance and repair are necessary to keep the structure in sound condition.
When any nonconforming structure is removed, it may not be replaced with another nonconforming structure.
When any nonconforming structure is damaged, repair must follow the guidelines listed in Section 6.4.2.
Structural alterations as required by law or ordinance to secure the safety of the structure are permissible.
Conforming uses, except Adult Establishments, may be established or re-established in nonconforming buildings or structures provided that off-street parking is provided as required by this Ordinance and provided no other provision of this Ordinance for the establishment of new uses is violated.

Effective on: 1/1/1901

6.4.2 Reconstruction of Damaged Structures

Any nonconforming structure, or any structure containing a nonconforming use, which has been damaged by fire, wind, flood or other causes, shall not be rebuilt, altered or repaired after damage exceeding 60 percent of its tax value immediately prior to damage with the exception of single family homes or manufactured homes used for residential purposes which may be rebuilt or replaced provided the provisions of the Flood Damage Prevention Ordinance, other City of Morganton ordinances and the conditions below are met:

Repairs are initiated within one (1) year and completed within two (2) years of such damage;
The total amount of space devoted to a nonconforming use may not be increased;
Reconstructed nonconforming structures may not be made more nonconforming by the repairs; and
Where possible, any nonconforming structure shall be repaired or reconstructed in such a manner so as to minimize the nonconformance(s).
The reconstructed structure may not be more nonconforming with respect to dimensional restrictions such as yard requirements, height limitations, or density requirements, and such dimensional nonconformities must be eliminated if that can reasonably be accomplished without unduly burdening that reconstruction process or limiting the right to continue the nonconforming use of such building.
The reconstructed structure may not enclose areas that were previously unenclosed, even though those areas were used in connection with the nonconforming activity.
Nothing herein shall prevent the reconstruction of a nonconforming single-family dwelling that was destroyed by fire or natural disaster provided such reconstruction does not expand the footprint in a dimension that is more nonconforming.

Effective on: 1/1/1901

6.4.3 Replacement of Nonconforming Manufactured Homes on Individual Lots

A nonconforming manufactured home on an individual conforming lot outside of a manufactured home park and outside of the Manufactured Home Overlay may not be replaced except by a conforming dwelling. A nonconforming manufactured home may not be enlarged or altered externally in any way. Individually established nonconforming manufactured homes may be replaced provided that requirements of Section 3.2.2.3 are met.

Effective on: 1/1/1901

6.4.4 Replacement of Manufactured Homes in Nonconforming Manufactured Home Parks

Upon the adoption of this Ordinance all existing manufactured home parks shall become nonconforming. Any new or replacement homes for existing spaces within an existing nonconforming manufactured home park shall meet the following criteria:

A.
The new or replacement manufactured home shall be constructed after July 13, 1994, and shall meet or exceed the construction standards promulgated by the U.S. Department of Housing and Urban Development that were in effect at the time of construction.
B.
The new or replacement manufactured home shall have a minimum of 550 square feet of enclosed and heated living area.
C.
The manufactured home shall set up in accordance with the standards established by the North Carolina Department of Insurance and an unpierced, continuous skirting material generally accepted in the manufactured home industry for the purpose of completely obscuring the area underneath the home shall be installed under the perimeter of the manufactured home.
D.
Stairs, porches, entrance platforms, ramps and other means of entrance and exit to and from the house shall be installed or constructed in accordance with the standards established by the North Carolina Department of Insurance, attached firmly to the primary structure and anchored securely to the ground.
E.
The moving hitch, wheels and axles, and transporting lights shall be removed from the manufactured home.

Effective on: 1/1/1901

6.5.1 Nonconforming Landscaping and Buffering

Any substantial change of use or change in zoning classification or expansion of 20 percent or greater of an existing use, structure, or parking area shall not occur without the requirements of Section 4.4 having been met. The requirements of Section 4.4 shall be met to the greatest extent possible as determined by the Zoning Administrator.

Effective on: 1/1/1901

6.5.2 Nonconforming Parking and Access

Any substantial change of use or change in zoning classification or expansion of 20 percent or greater of an existing use, structure, or parking area, which is deficient in the minimum number of parking spaces, parking lot paving, or curb and gutter as set forth in Section 4.6, shall not occur without the requirements of Section 4.6 having been met. The Administrator may approve a new use within an existing structure if the number of off-street parking spaces required for the new use (per Section 4.6 of this Ordinance) is within 10 percent or 10 spaces, whichever is less, of the number of off-street parking spaces actually provided. Such relief may be granted on a one-time only basis per lot or planned development. The requirements of Section 4.6 shall be met to the greatest extent possible as determined by the Zoning Administrator.

Effective on: 1/1/1901

6.5.3 Nonconforming Infrastructure

Any substantial change of use or change in zoning classification or expansion of 20 percent or greater of an existing use, structure, or parking area shall not occur without the requirements of Section 4.7 having been met. Sidewalks shall be installed along all new and existing streets for any such change or development as set forth in Section 4.7.4. The requirements of Section 4.7 shall be met to the greatest extent possible as determined by the Zoning Administrator.

Effective on: 1/1/1901

6.5.4 Nonconforming Non-residential Building Design

The standards of Section 4.8 shall apply to expansions of greater than 20 percent of the gross floor area of the building for non-residential buildings in the following locations:

Corridor Overlay in all districts
River District Overlay in all districts
All LID and MID districts
HID districts (for buildings greater than 35 feet tall)

If a nonconforming building is being expanded by greater than 20 percent, then the existing portion of the building shall comply with the following standards:

The primary building material as permitted by Section 4.8.6.7 shall be continued over to 50 percent of the front façade of the existing building.
A minimum of one (1) vertical articulation element listed in Section 4.8.6.4 (A) shall be incorporated into the front façade.
A minimum of one (1) horizontal articulation element listed in Section 4.8.6.5 (A) shall be incorporated into the front façade.
All unscreened mechanical or utility equipment shall be screened per Section 4.8.6.12.

Effective on: 1/1/1901

6.6.1 Continuation of a Nonconforming Sign

Nonconforming signs may continue to be utilized in connection with any use or building permitted in this Ordinance only on the following special conditions, limitations, and restrictions:

Only normal maintenance and repair may be performed on a nonconforming sign. Normal maintenance and repair, as used herein, means repainting, changing copy, changing lights, replacing broken glass or other routine work necessary to keep the sign safe, in good repair or neat in appearance. Normal maintenance shall not include major structural alterations or replacements, re-designs or substantial rebuilding of the sign.
A nonconforming sign shall not be enlarged, raised, relocated, or have illumination added.
If damaged, destroyed or permitted to deteriorate to an extent of more than 60 percent of the appraised replacement cost, a nonconforming sign shall not be repaired or replaced, and shall be immediately removed.
Additional signs shall not be allowed nor shall existing signs be enlarged or raised for any business which displays a nonconforming sign.
A nonconforming sign shall not be re-established once the sign structure has been removed.
A nonconforming sign shall not be re-established after the use has been discontinued regardless of reason or intent for 180 days or more.
If a nonconforming sign is blank or advertises a business, service, commodity, accommodation, attraction or other enterprise or activity that is no longer operating or being offered or conducted, that sign shall be deemed abandoned and shall be removed or brought into compliance by the sign owner, property owner, or other party having control over such sign within 180 days after the use has ceased operation or the service or commodity has ceased being offered.
Nonconforming portable and temporary signs shall be removed within 60 days of the effective date of this Ordinance.

Effective on: 1/1/1901

6.6.2 Alteration of a Nonconforming Sign

The structural components of a nonconforming sign, including the supports and sign frame, shall not be altered without bringing the sign into conformity with the requirements of ARTICLE 5.

The face or display of a nonconforming sign (except for Off-premises Advertising Signs) shall not be altered without bringing the sign into conformity with the requirements of ARTICLE 5, except that the nonconforming sign structure may remain in place if a Non-Residential Street Yard meeting the requirements of Section 4.4.4.2 is installed.

Effective on: 1/1/1901

6.6.3 Discontinuance of Nonconforming Off-premises Advertising Signs

All nonconforming outdoor advertising signs shall be discontinued or made conforming (amortized) within five and one-half years from the applicable date of this subsection unless explicitly prohibited by the state statue or unless compensation for removal is required by state or federal law. All outdoor advertising signs which are made nonconforming by an amendment to this chapter, or to the Official Zoning Map, or extension of the areas in which this subsection is applicable shall be discontinued or made conforming (amortized) within five and one-half years after the date of such amendment or extension, unless explicitly prohibited by the state statute.

Effective on: 1/1/1901

Morganton City Zoning Code

ARTICLE 6

NONCONFORMITIES

6.1 Purpose and Applicability

Nonconforming situations that were otherwise lawful on the effective date of this Ordinance may be continued, subject to the restrictions and qualifications set forth in this Article.

Effective on: 1/1/1901

6.2 Nonconforming Lots

Effective on: 12/6/2021

6.4 Nonconforming Structures

6.6 Nonconforming Signs

6.7 Certificate of Nonconformity Adjustment

A Certificate of Nonconformity Adjustment may be granted by the Board of Adjustment to enlarge, expand, or otherwise alter a nonconforming use or structure as set forth in this Article.

A.
Application for a Certificate of Nonconformity Adjustment shall be submitted to the Development and Design Services in accordance with Section 2.2.6.
B.
The Board of Adjustment shall conduct a public hearing on the application in accordance with the requirements of Section 2.2.6 in the manner prescribed in NCGS 160D-406.

Effective on: 5/1/2023

6.3.1 Open Uses of Land

When a nonconforming use of land has been changed to a conforming use, it shall not thereafter revert to any nonconforming use.
A nonconforming open use of land shall be changed only to conforming uses.
A nonconforming open use of land shall not be enlarged to cover more land than was occupied by that use when it became nonconforming.
When any nonconforming open use of land is discontinued for a period in excess of 180 days, any future use of the land shall be limited to those uses permitted in the district in which the land is located. Vacancy and/or non-use of the land, regardless of the intent of the owner or tenant, shall constitute discontinuance under this provision.

Effective on: 1/1/1901

6.3.2 Uses of Structures

When a nonconforming use has been changed to a conforming use, it shall not thereafter revert to any nonconforming use.
A nonconforming use shall not be changed to another nonconforming use unless a Certificate of Nonconformity Adjustment is issued by the Board of Adjustment. The Board shall issue such a permit if it finds that the proposed use will be no less compatible with the neighborhood than the use in operation at the time the permit is applied for, and that the proposed use is of a same or higher classification as the existing nonconforming use. If a nonconforming use is changed to any use other than a conforming use without obtaining a Certificate of Nonconformity Adjustment pursuant to this paragraph, that change shall constitute a discontinuance of the nonconforming use, and shall be subject to penalties as set forth in Section 2.3. The order of classification of uses from highest to lowest for the purpose of this section shall be as follows:
1. Agricultural uses
2. Single-family dwellings
3. Two-family dwellings
4. Multifamily dwellings
5. Civic, government and institutional use
6. Office and service uses
7. Retail and wholesale
8. Recreation and entertainment uses
9. Industrial, transportation, utility uses
A nonconforming use may not be extended or enlarged, nor shall a structure containing a nonconforming use be altered except as follows:
1. Structural alterations as required by law or ordinance to secure the safety of the structure are permissible.
2. Minor repairs to and routine maintenance of property where a nonconforming use exists is permitted and encouraged. Major renovation - i.e., work estimated to cost more than 10 percent but less than 60 percent of the taxed value of the structure to be renovated may be done provided that the work will not result in a violation of any other paragraphs of this Subsection. In no case, however, shall work costing more than 60 percent of the taxed value of the structure be done, singularly or cumulatively, within any five (5) year period.
3. Expansion of a nonconforming use within a building or structure into portions of the structure which, at the time the use became nonconforming, were already erected and arranged or designed for such nonconforming use is permissible.
When any nonconforming use of a building or structure is discontinued for a period in excess of 180 days, the building or structure shall not thereafter be used except in conformance with the regulations of the district in which it is located. Vacancy and/or non-use of the land, regardless of the intent of the owner or tenant, shall constitute discontinuance under this provision.
Nothing herein shall prevent the maintenance, repair and extension of a single-family dwelling that is nonconforming as to use, provided it is done in conformance with the dimensional requirements of the MID zoning district, nor prevent the maintenance, repair, extension, or construction of a residential accessory building or swimming pool, provided done in conformance with the requirements of this Ordinance.

Effective on: 1/1/1901

6.3.3 Discontinuance of Nonconforming Uses

Effective on: 1/1/1901

6.3.4 Discontinuance of Nonconforming Adult Oriented Businesses

Notwithstanding the provisions of Section 6.3.3 above, adult establishments shall be governed by the following:

Any adult establishment that fails to comply with the use and locational requirements of this Ordinance but which was lawfully operating before the effective date of this Ordinance, shall not be deemed to be in violation of this Ordinance but shall be a nonconformity. Any such business which ceases active operation for a continuous period of 30 days regardless of the purpose or reason shall be subject to all the requirements of this Ordinance and the property may thereafter be used only for conforming uses.
Any adult establishment lawfully operating as of the effective date of this Ordinance but which subsequently fails to comply with the use and locational requirements of this Ordinance as a result of changes within the vicinity or amendment to this Ordinance, shall not be deemed to be in violation of this Ordinance but shall be a nonconformity. Any such business which ceases active operation for a continuous period of 30 days regardless of purpose or reason shall be subject to all the requirements of this Article and the property may thereafter be used only for conforming uses.

Effective on: 1/1/1901

6.4.1 Continuation of Nonconforming Structures

Nonconforming structures shall be allowed to remain with the following conditions:

A nonconforming structure may not be enlarged or altered in any dimension that increases the nonconformity except where maintenance and repair are necessary to keep the structure in sound condition.
When any nonconforming structure is removed, it may not be replaced with another nonconforming structure.
When any nonconforming structure is damaged, repair must follow the guidelines listed in Section 6.4.2.
Structural alterations as required by law or ordinance to secure the safety of the structure are permissible.
Conforming uses, except Adult Establishments, may be established or re-established in nonconforming buildings or structures provided that off-street parking is provided as required by this Ordinance and provided no other provision of this Ordinance for the establishment of new uses is violated.

Effective on: 1/1/1901

6.4.2 Reconstruction of Damaged Structures

Repairs are initiated within one (1) year and completed within two (2) years of such damage;
The total amount of space devoted to a nonconforming use may not be increased;
Reconstructed nonconforming structures may not be made more nonconforming by the repairs; and
Where possible, any nonconforming structure shall be repaired or reconstructed in such a manner so as to minimize the nonconformance(s).
The reconstructed structure may not be more nonconforming with respect to dimensional restrictions such as yard requirements, height limitations, or density requirements, and such dimensional nonconformities must be eliminated if that can reasonably be accomplished without unduly burdening that reconstruction process or limiting the right to continue the nonconforming use of such building.
The reconstructed structure may not enclose areas that were previously unenclosed, even though those areas were used in connection with the nonconforming activity.
Nothing herein shall prevent the reconstruction of a nonconforming single-family dwelling that was destroyed by fire or natural disaster provided such reconstruction does not expand the footprint in a dimension that is more nonconforming.

Effective on: 1/1/1901

6.4.3 Replacement of Nonconforming Manufactured Homes on Individual Lots

Effective on: 1/1/1901

6.4.4 Replacement of Manufactured Homes in Nonconforming Manufactured Home Parks

A.
The new or replacement manufactured home shall be constructed after July 13, 1994, and shall meet or exceed the construction standards promulgated by the U.S. Department of Housing and Urban Development that were in effect at the time of construction.
B.
The new or replacement manufactured home shall have a minimum of 550 square feet of enclosed and heated living area.
C.
The manufactured home shall set up in accordance with the standards established by the North Carolina Department of Insurance and an unpierced, continuous skirting material generally accepted in the manufactured home industry for the purpose of completely obscuring the area underneath the home shall be installed under the perimeter of the manufactured home.
D.
Stairs, porches, entrance platforms, ramps and other means of entrance and exit to and from the house shall be installed or constructed in accordance with the standards established by the North Carolina Department of Insurance, attached firmly to the primary structure and anchored securely to the ground.
E.
The moving hitch, wheels and axles, and transporting lights shall be removed from the manufactured home.

Effective on: 1/1/1901

6.5.1 Nonconforming Landscaping and Buffering

Effective on: 1/1/1901

6.5.2 Nonconforming Parking and Access

Effective on: 1/1/1901

6.5.3 Nonconforming Infrastructure

Any substantial change of use or change in zoning classification or expansion of 20 percent or greater of an existing use, structure, or parking area shall not occur without the requirements of Section 4.7 having been met. Sidewalks shall be installed along all new and existing streets for any such change or development as set forth in Section 4.7.4. The requirements of Section 4.7 shall be met to the greatest extent possible as determined by the Zoning Administrator.

Effective on: 1/1/1901

6.5.4 Nonconforming Non-residential Building Design

The standards of Section 4.8 shall apply to expansions of greater than 20 percent of the gross floor area of the building for non-residential buildings in the following locations:

Corridor Overlay in all districts
River District Overlay in all districts
All LID and MID districts
HID districts (for buildings greater than 35 feet tall)

If a nonconforming building is being expanded by greater than 20 percent, then the existing portion of the building shall comply with the following standards:

The primary building material as permitted by Section 4.8.6.7 shall be continued over to 50 percent of the front façade of the existing building.
A minimum of one (1) vertical articulation element listed in Section 4.8.6.4 (A) shall be incorporated into the front façade.
A minimum of one (1) horizontal articulation element listed in Section 4.8.6.5 (A) shall be incorporated into the front façade.
All unscreened mechanical or utility equipment shall be screened per Section 4.8.6.12.

Effective on: 1/1/1901

6.6.1 Continuation of a Nonconforming Sign

Nonconforming signs may continue to be utilized in connection with any use or building permitted in this Ordinance only on the following special conditions, limitations, and restrictions:

Only normal maintenance and repair may be performed on a nonconforming sign. Normal maintenance and repair, as used herein, means repainting, changing copy, changing lights, replacing broken glass or other routine work necessary to keep the sign safe, in good repair or neat in appearance. Normal maintenance shall not include major structural alterations or replacements, re-designs or substantial rebuilding of the sign.
A nonconforming sign shall not be enlarged, raised, relocated, or have illumination added.
If damaged, destroyed or permitted to deteriorate to an extent of more than 60 percent of the appraised replacement cost, a nonconforming sign shall not be repaired or replaced, and shall be immediately removed.
Additional signs shall not be allowed nor shall existing signs be enlarged or raised for any business which displays a nonconforming sign.
A nonconforming sign shall not be re-established once the sign structure has been removed.
A nonconforming sign shall not be re-established after the use has been discontinued regardless of reason or intent for 180 days or more.
If a nonconforming sign is blank or advertises a business, service, commodity, accommodation, attraction or other enterprise or activity that is no longer operating or being offered or conducted, that sign shall be deemed abandoned and shall be removed or brought into compliance by the sign owner, property owner, or other party having control over such sign within 180 days after the use has ceased operation or the service or commodity has ceased being offered.
Nonconforming portable and temporary signs shall be removed within 60 days of the effective date of this Ordinance.

Effective on: 1/1/1901

6.6.2 Alteration of a Nonconforming Sign

The structural components of a nonconforming sign, including the supports and sign frame, shall not be altered without bringing the sign into conformity with the requirements of ARTICLE 5.

Effective on: 1/1/1901

6.6.3 Discontinuance of Nonconforming Off-premises Advertising Signs

Effective on: 1/1/1901

Morganton City Zoning Code

ARTICLE 6

NONCONFORMITIES

6.1 Purpose and Applicability

Nonconforming situations that were otherwise lawful on the effective date of this Ordinance may be continued, subject to the restrictions and qualifications set forth in this Article.

Effective on: 1/1/1901

6.2 Nonconforming Lots

Effective on: 12/6/2021

6.4 Nonconforming Structures

6.6 Nonconforming Signs

6.7 Certificate of Nonconformity Adjustment

A Certificate of Nonconformity Adjustment may be granted by the Board of Adjustment to enlarge, expand, or otherwise alter a nonconforming use or structure as set forth in this Article.

A.
Application for a Certificate of Nonconformity Adjustment shall be submitted to the Development and Design Services in accordance with Section 2.2.6.
B.
The Board of Adjustment shall conduct a public hearing on the application in accordance with the requirements of Section 2.2.6 in the manner prescribed in NCGS 160D-406.

Effective on: 5/1/2023

6.3.1 Open Uses of Land

When a nonconforming use of land has been changed to a conforming use, it shall not thereafter revert to any nonconforming use.
A nonconforming open use of land shall be changed only to conforming uses.
A nonconforming open use of land shall not be enlarged to cover more land than was occupied by that use when it became nonconforming.
When any nonconforming open use of land is discontinued for a period in excess of 180 days, any future use of the land shall be limited to those uses permitted in the district in which the land is located. Vacancy and/or non-use of the land, regardless of the intent of the owner or tenant, shall constitute discontinuance under this provision.

Effective on: 1/1/1901

6.3.2 Uses of Structures

When a nonconforming use has been changed to a conforming use, it shall not thereafter revert to any nonconforming use.
A nonconforming use shall not be changed to another nonconforming use unless a Certificate of Nonconformity Adjustment is issued by the Board of Adjustment. The Board shall issue such a permit if it finds that the proposed use will be no less compatible with the neighborhood than the use in operation at the time the permit is applied for, and that the proposed use is of a same or higher classification as the existing nonconforming use. If a nonconforming use is changed to any use other than a conforming use without obtaining a Certificate of Nonconformity Adjustment pursuant to this paragraph, that change shall constitute a discontinuance of the nonconforming use, and shall be subject to penalties as set forth in Section 2.3. The order of classification of uses from highest to lowest for the purpose of this section shall be as follows:
1. Agricultural uses
2. Single-family dwellings
3. Two-family dwellings
4. Multifamily dwellings
5. Civic, government and institutional use
6. Office and service uses
7. Retail and wholesale
8. Recreation and entertainment uses
9. Industrial, transportation, utility uses
A nonconforming use may not be extended or enlarged, nor shall a structure containing a nonconforming use be altered except as follows:
1. Structural alterations as required by law or ordinance to secure the safety of the structure are permissible.
2. Minor repairs to and routine maintenance of property where a nonconforming use exists is permitted and encouraged. Major renovation - i.e., work estimated to cost more than 10 percent but less than 60 percent of the taxed value of the structure to be renovated may be done provided that the work will not result in a violation of any other paragraphs of this Subsection. In no case, however, shall work costing more than 60 percent of the taxed value of the structure be done, singularly or cumulatively, within any five (5) year period.
3. Expansion of a nonconforming use within a building or structure into portions of the structure which, at the time the use became nonconforming, were already erected and arranged or designed for such nonconforming use is permissible.
When any nonconforming use of a building or structure is discontinued for a period in excess of 180 days, the building or structure shall not thereafter be used except in conformance with the regulations of the district in which it is located. Vacancy and/or non-use of the land, regardless of the intent of the owner or tenant, shall constitute discontinuance under this provision.
Nothing herein shall prevent the maintenance, repair and extension of a single-family dwelling that is nonconforming as to use, provided it is done in conformance with the dimensional requirements of the MID zoning district, nor prevent the maintenance, repair, extension, or construction of a residential accessory building or swimming pool, provided done in conformance with the requirements of this Ordinance.

Effective on: 1/1/1901

6.3.3 Discontinuance of Nonconforming Uses

Effective on: 1/1/1901

6.3.4 Discontinuance of Nonconforming Adult Oriented Businesses

Notwithstanding the provisions of Section 6.3.3 above, adult establishments shall be governed by the following:

Any adult establishment that fails to comply with the use and locational requirements of this Ordinance but which was lawfully operating before the effective date of this Ordinance, shall not be deemed to be in violation of this Ordinance but shall be a nonconformity. Any such business which ceases active operation for a continuous period of 30 days regardless of the purpose or reason shall be subject to all the requirements of this Ordinance and the property may thereafter be used only for conforming uses.
Any adult establishment lawfully operating as of the effective date of this Ordinance but which subsequently fails to comply with the use and locational requirements of this Ordinance as a result of changes within the vicinity or amendment to this Ordinance, shall not be deemed to be in violation of this Ordinance but shall be a nonconformity. Any such business which ceases active operation for a continuous period of 30 days regardless of purpose or reason shall be subject to all the requirements of this Article and the property may thereafter be used only for conforming uses.

Effective on: 1/1/1901

6.4.1 Continuation of Nonconforming Structures

Nonconforming structures shall be allowed to remain with the following conditions:

A nonconforming structure may not be enlarged or altered in any dimension that increases the nonconformity except where maintenance and repair are necessary to keep the structure in sound condition.
When any nonconforming structure is removed, it may not be replaced with another nonconforming structure.
When any nonconforming structure is damaged, repair must follow the guidelines listed in Section 6.4.2.
Structural alterations as required by law or ordinance to secure the safety of the structure are permissible.
Conforming uses, except Adult Establishments, may be established or re-established in nonconforming buildings or structures provided that off-street parking is provided as required by this Ordinance and provided no other provision of this Ordinance for the establishment of new uses is violated.

Effective on: 1/1/1901

6.4.2 Reconstruction of Damaged Structures

Repairs are initiated within one (1) year and completed within two (2) years of such damage;
The total amount of space devoted to a nonconforming use may not be increased;
Reconstructed nonconforming structures may not be made more nonconforming by the repairs; and
Where possible, any nonconforming structure shall be repaired or reconstructed in such a manner so as to minimize the nonconformance(s).
The reconstructed structure may not be more nonconforming with respect to dimensional restrictions such as yard requirements, height limitations, or density requirements, and such dimensional nonconformities must be eliminated if that can reasonably be accomplished without unduly burdening that reconstruction process or limiting the right to continue the nonconforming use of such building.
The reconstructed structure may not enclose areas that were previously unenclosed, even though those areas were used in connection with the nonconforming activity.
Nothing herein shall prevent the reconstruction of a nonconforming single-family dwelling that was destroyed by fire or natural disaster provided such reconstruction does not expand the footprint in a dimension that is more nonconforming.

Effective on: 1/1/1901

6.4.3 Replacement of Nonconforming Manufactured Homes on Individual Lots

Effective on: 1/1/1901

6.4.4 Replacement of Manufactured Homes in Nonconforming Manufactured Home Parks

A.
The new or replacement manufactured home shall be constructed after July 13, 1994, and shall meet or exceed the construction standards promulgated by the U.S. Department of Housing and Urban Development that were in effect at the time of construction.
B.
The new or replacement manufactured home shall have a minimum of 550 square feet of enclosed and heated living area.
C.
The manufactured home shall set up in accordance with the standards established by the North Carolina Department of Insurance and an unpierced, continuous skirting material generally accepted in the manufactured home industry for the purpose of completely obscuring the area underneath the home shall be installed under the perimeter of the manufactured home.
D.
Stairs, porches, entrance platforms, ramps and other means of entrance and exit to and from the house shall be installed or constructed in accordance with the standards established by the North Carolina Department of Insurance, attached firmly to the primary structure and anchored securely to the ground.
E.
The moving hitch, wheels and axles, and transporting lights shall be removed from the manufactured home.

Effective on: 1/1/1901

6.5.1 Nonconforming Landscaping and Buffering

Effective on: 1/1/1901

6.5.2 Nonconforming Parking and Access

Effective on: 1/1/1901

6.5.3 Nonconforming Infrastructure

Any substantial change of use or change in zoning classification or expansion of 20 percent or greater of an existing use, structure, or parking area shall not occur without the requirements of Section 4.7 having been met. Sidewalks shall be installed along all new and existing streets for any such change or development as set forth in Section 4.7.4. The requirements of Section 4.7 shall be met to the greatest extent possible as determined by the Zoning Administrator.

Effective on: 1/1/1901

6.5.4 Nonconforming Non-residential Building Design

The standards of Section 4.8 shall apply to expansions of greater than 20 percent of the gross floor area of the building for non-residential buildings in the following locations:

Corridor Overlay in all districts
River District Overlay in all districts
All LID and MID districts
HID districts (for buildings greater than 35 feet tall)

If a nonconforming building is being expanded by greater than 20 percent, then the existing portion of the building shall comply with the following standards:

The primary building material as permitted by Section 4.8.6.7 shall be continued over to 50 percent of the front façade of the existing building.
A minimum of one (1) vertical articulation element listed in Section 4.8.6.4 (A) shall be incorporated into the front façade.
A minimum of one (1) horizontal articulation element listed in Section 4.8.6.5 (A) shall be incorporated into the front façade.
All unscreened mechanical or utility equipment shall be screened per Section 4.8.6.12.

Effective on: 1/1/1901

6.6.1 Continuation of a Nonconforming Sign

Nonconforming signs may continue to be utilized in connection with any use or building permitted in this Ordinance only on the following special conditions, limitations, and restrictions:

Only normal maintenance and repair may be performed on a nonconforming sign. Normal maintenance and repair, as used herein, means repainting, changing copy, changing lights, replacing broken glass or other routine work necessary to keep the sign safe, in good repair or neat in appearance. Normal maintenance shall not include major structural alterations or replacements, re-designs or substantial rebuilding of the sign.
A nonconforming sign shall not be enlarged, raised, relocated, or have illumination added.
If damaged, destroyed or permitted to deteriorate to an extent of more than 60 percent of the appraised replacement cost, a nonconforming sign shall not be repaired or replaced, and shall be immediately removed.
Additional signs shall not be allowed nor shall existing signs be enlarged or raised for any business which displays a nonconforming sign.
A nonconforming sign shall not be re-established once the sign structure has been removed.
A nonconforming sign shall not be re-established after the use has been discontinued regardless of reason or intent for 180 days or more.
If a nonconforming sign is blank or advertises a business, service, commodity, accommodation, attraction or other enterprise or activity that is no longer operating or being offered or conducted, that sign shall be deemed abandoned and shall be removed or brought into compliance by the sign owner, property owner, or other party having control over such sign within 180 days after the use has ceased operation or the service or commodity has ceased being offered.
Nonconforming portable and temporary signs shall be removed within 60 days of the effective date of this Ordinance.

Effective on: 1/1/1901

6.6.2 Alteration of a Nonconforming Sign

The structural components of a nonconforming sign, including the supports and sign frame, shall not be altered without bringing the sign into conformity with the requirements of ARTICLE 5.

Effective on: 1/1/1901

6.6.3 Discontinuance of Nonconforming Off-premises Advertising Signs

Effective on: 1/1/1901