Mount Holly City Zoning Code
CHAPTER 11
NON-CONFORMING SITUATIONS
§ 11.1 CONTINUATION OF NON-CONFORMING SITUATIONS.
§ 11.2 NON-CONFORMING LOTS OF RECORD.
Where the owners of a lot of record at the time of the adoption of this ordinance or his or her successor in title thereto does not own sufficient land to enable him to conform to the area or lot width requirements of this ordinance, 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 and conditional uses and the special requirements.
(Ord. passed 5-13-1996)
§ 11.3 EXTENSION OR ENLARGEMENT OF NON-CONFORMING SITUATIONS.
(A) Except as specifically provided in this section, it shall be unlawful for any person to engage in any activity that causes an increase in the extent of non-conformity of a non- conforming situation.
(B) Subject to division (D) below, a non-conforming use may be extended through any portion of a completed building that, when the use was made non-conforming by this ordinance, was manifestly designed or arranged to accommodate such use. However, a non-conforming use may not be extended to additional buildings or to land outside the original building.
(C) A non-conforming use may not be extended to cover more land than was occupied, or manifestly designed and arranged to be occupied by that use when it became non-conforming.
(D) The volume, intensity or frequency of use of property where a non-conforming situation exists may be increased and the equipment or processes used at a location where a non-conforming situation exists may be changed if these or similar changes amount only to changes in the degree of activity rather than changes in kind and no violations of other divisions of this section occur.
(E) Physical alteration of non-conforming structures or structures containing a non- conforming use is unlawful if it results in:
(1) An increase in the total amount of space devoted to a non-conforming use;
(2) Greater non-conformity with respect to dimension restrictions such as yard requirements, height limitations or density requirements; and/or
(3) The enclosure of previously non-enclosed areas, even through those areas are or were used in connection with the non-conforming activity.
(F) Minor repairs to and routine maintenance of property where non-conforming situations exist is permitted and encouraged. Major renovation (i.e., work estimated to cost more than 10% but less than 60% 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 divisions of this section, particularly division (E) above. In no case however shall work costing more than 60% of the taxed value of the structure be done, singularly or cumulatively, within any five-year period.
(Ord. passed 5-13-1996)
§ 11.4 RECONSTRUCTION PROHIBITED.
(A) Any non-conforming building or structure or any building or structure containing a non- conforming use for which major repair or reconstruction is proposed in any amount equal to 60% or more of the taxed value of the building or structure or which has been damaged by any cause to an extent equal to 60% or more of its taxed value shall only be repaired and/or reconstructed and used as a conforming structure and a conforming use.
(B) Notwithstanding the above, a non-conforming residence and its related accessory buildings, either jointly or singularly, may be reconstructed without regard to the extent of damage in any case where the damage is caused by fire, flood, act of nature or any other cause outside the control of the owner; and, provided that, a permit for reconstruction is obtained within 180 days of such damage.
(Ord. passed 5-13-1996)
§ 11.5 CHANGE IN KIND OF NON-CONFORMING USES.
(A) A non-conforming use may be changed to a conforming use. Thereafter, the property may not revert to a non-conforming use.
(B) A non-conforming use shall not be changed to another non-conforming use, except upon a finding by the Board of Adjustment that the use is more in character with the uses permitted in the district than the previous use.
(C) If a non-conforming use and a conforming use, or any combination of non-conforming uses, exist on one lot, the use made of the property may be changed only to a conforming use.
(D) Conforming uses, except sexually-oriented businesses, may be established or re-established in non-conforming 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.
(Ord. passed 5-13-1996)
§ 11.6 DISCONTINUANCE OF NON-CONFORMING USES.
(A) When active operation or occupancy of a non-conforming 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.
(B) For purposes of determining whether a right to continue a non-conforming situation is lost pursuant to this section, 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 apartment in a non-conforming apartment building or one space in a non-conforming mobile 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 mobile home park as a whole is continuously maintained. But, if a non-conforming use is maintained in conjunction with a conforming use, cessation of operation or occupancy of the non-conforming use for the required period shall terminate the right to maintain it thereafter.
(Ord. passed 5-13-1996)
§ 11.7 DISCONTINUANCE OF NON-CONFORMING ADULT-ORIENTED BUSINESSES.
Notwithstanding the provisions of § 11.6 of this chapter, adult-oriented businesses shall be governed by the following.
(A) Any adult-oriented business that fails to comply with the use and location requirements of this ordinance, but which lawfully operating before the effective date of this ordinance, shall not be deemed to be in violation of this ordinance, but shall be a non-conformity. Any such business which ceases active operation for a 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.
(B) Any adult-oriented business lawfully operating as of the effective date of this ordinance but which subsequently fails to comply with the use and location requirements of this ordinance as the 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 non-conformity. Any such business which ceases active operation for a period of 30 days regardless of purpose or reason shall be subject to all the requirements of this ordinance and the property may thereafter be used only for conforming uses.
(Ord. passed 5-13-1996)
§ 11.8 REPLACEMENT OF NON-CONFORMING MANUFACTURED HOMES.
(A) Homes may be placed and replaced in non-conforming manufactured home parks so long as the manufactured home park retains its non-conforming status and so long as the space was designed and arranged as a manufactured home space prior to the adoption of this ordinance. Any such manufactured home shall meet the definition of a manufactured home Class A or B.
(B) Individually established non-conforming manufactured homes may be replaced; provided that, a Class A manufactured home shall only be replaced with a Class A manufactured home; and, provided that, any other manufactured home shall only be replaced with a Class A or B manufactured home.
(Ord. passed 5-13-1996)
§ 11.9 NON-CONFORMING SIGNS.
Any sign which does not conform to the provisions herein on the date of enactment of this chapter shall be considered legally non-conforming. Such signs shall not be enlarged or extended. Such signs may:
(A) Be repaired in accordance with § 11.4 of this chapter;
(B) Have their faces changed;
(C) Be replaced or reconstructed with similar materials; and
(D) Be relocated to another portion of the lot provided appropriate standards are met.
(Ord. passed 5-13-1996)