Upon the effective date of this Unified Development Ordinance, and any amendment thereto, preexisting structures or lots of record and existing and lawful uses of any building or land which do not meet the minimum requirements of this Unified Development Ordinance for the district in which they are located or which would be prohibited as new development in the district in which they are located shall be considered as nonconforming. It is the intent of this article to permit these nonconforming uses to continue until they are removed, discontinued, or destroyed, but not to encourage such continued use, and to prohibit the expansion of any nonconformance. Nonconforming projects may be completed only in accordance with Section 9.7. A nonconforming manufactured home may only be replaced if destroyed as the result of an act of God.

Any lot of record or structure existing at the time of the adoption of this Unified Development Ordinance, which has dimensions which do not meet the requirements of this Unified Development Ordinance, shall be subject to the following exceptions and modifications:

A nonconforming use is a use of land, buildings, or structures that was lawfully established prior to the effective date of this UDO, or any amendment thereto, but which does not conform to the regulations for the zoning classification in which it is located. Nonconforming uses may be continued subject to the limitations noted herein. For purposes of determining whether a right to continue a nonconforming situation is lost pursuant to this section, all 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 one hundred eighty (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 maintained in conjunction with a conforming use, discontinuance of a nonconforming use for the required period shall terminate the right to maintain it thereafter.

Vested rights are limited in duration by state law as proscribed by G.S. § 160D-108(d).

Whenever an amendment to this ordinance becomes effective after an application for a development permit is submitted but before the permit is issued, and the effect of the amendment is to render the proposed development nonconforming in some respect, then the applicant may choose to proceed with the development under the previous requirements or under the amended requirements.

Except as set forth in the above, in any district in which single-family dwellings are permitted, any lot of record existing at the time of the adoption of these regulations that has dimensions that are less than required by these regulations may be used as a building site for a single-family dwelling providing the lot area and width are not less than fifty (50) percent of the requirements in the district. If the lot is smaller or narrower, a variance may be requested of the Board of Adjustment.

Where a lot has width or depth less than that required in the district in which it is located, the UDO Administrator shall be authorized to reduce the yard requirements for such lot by not more than twenty (20) percent. Additional or other forms of yard modification may be permitted with a variance granted by the Board of Adjustment.

9.2.3.1. Except as specifically provided in this subsection, it shall be unlawful for any person to engage in any activity that causes an increase in the extent of nonconformity of a nonconforming situation.

9.2.3.2. Subject to subsection 9.2.3.4 of this subsection, a nonconforming use may be extended throughout any portion of a completed building that, when the use was made nonconforming by this ordinance, was manifestly designed or arranged to accommodate such use. However, subject to Section 9.8 of this ordinance (Authorization of Nonconforming Projects), a nonconforming use may not be extended to additional buildings or to land outside the original building.

9.2.3.3. Subject to Section 9.8 of this ordinance (Authorization of Nonconforming Projects), a nonconforming use of open land may not be extended to cover more land than was occupied by that use when it became nonconforming, except that a use that involves the removal of natural materials from the lot (e.g., quarry) may be expanded to the boundaries of the lot where the use was established at the time it became nonconforming, if ten (10) percent or more of the earth products had already been removed at the effective date of this ordinance.

9.2.3.4. The volume, intensity, or frequency of use of property where a nonconformity exists may be increased and the equipment or processes used at a location where a nonconformity 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 paragraphs of this section occur.

9.2.3.5. Physical alternation of structures or the placement of new structures on open land are unlawful if they result in:

9.2.3.5.1. An increase in the total amount of space devoted to a nonconforming use;

9.2.3.5.2. Greater nonconformity with respect to dimensional restrictions such as yard requirements, height limitations, or density requirements; or

9.2.3.5.3. The enclosure of previously unenclosed areas, even though those areas were previously used in connection with the nonconforming activity. An area is unenclosed unless at least seventy-five (75) percent of the perimeter of the area is marked by a permanently constructed wall or fence.

9.2.3.6. Minor repairs to and routine maintenance of property where nonconformities exist are permitted and encouraged. Major renovation—i.e., work estimated to cost more than sixty (60) percent of the appraised value of the structure to be renovated (and not required by the partial or total destruction of a structure [see paragraph 9.2.3.8])—may be done pursuant to a permit issued by the Board of Adjustment. The Board of Adjustment shall issue such a permit if it finds that the work will not result in a violation of any other paragraphs of this section (particularly paragraph 9.2.3.5) or make the property more incompatible with the surrounding neighborhood.

9.2.3.7. Notwithstanding paragraph 9.2.3.5, any structure used for single-family residential purposes and maintained as a nonconforming use may be replaced with a similar structure of a larger size, so long as the replacement does not create new nonconformities or increase the extent of existing nonconformities with respect to yard size and setback requirements. In particular, a manufactured home may be replaced with a larger manufactured home, and a "single-wide" manufactured home may be replaced with a "double-wide." This paragraph is subject to the limitations stated in Section 9.6 on abandonment and discontinuance of nonconformities.

9.2.3.8. A structure that is nonconforming in any respect or a structure that is used in a nonconforming manner may be reconstructed or replaced if partially or totally destroyed, subject to the following restrictions:

9.2.3.8.1. The total amount of space devoted to a nonconforming use may not be increased, except that a larger, single-family residential structure may be constructed in place of a smaller one and a larger manufactured home intended for residential use may replace a smaller one;

9.2.3.8.2. The reconstructed building 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 the reconstruction process or limiting the right to continue the nonconforming use of such building;

9.2.3.8.3. The reconstructed building may not enclose areas that were previously unenclosed, even though those areas were used in connection with the nonconforming activity. An area is unenclosed unless at least seventy-five (75) percent or more of the perimeter of the area is marked by a permanently constructed wall or fence.

9.2.3.9. Except for single-family residential structures (including manufactured homes), if the estimated cost of the reconstruction work exceeds ten (10) percent of the appraised value of the structure, the work may be done only after issuance of a permit by the Board of Adjustment. The Board shall issue the use permit if it finds that the work will be done in accordance with this paragraph and that the reconstructed building will not make the property more incompatible with the surrounding property than it was before the destruction occurred.

No nonconforming use shall be extended, expanded, enlarged, or moved to occupy a different or greater area of land, buildings, or structures than was occupied by such use at the time it became nonconforming; provided, however, a nonconforming use may be extended throughout any parts of a building which were specifically designed and arranged for such use at the time it became nonconforming.

No building or structure devoted to a nonconforming use shall be enlarged, extended, reconstructed, moved, or structurally altered unless such building or structure is thereafter devoted to a conforming use; provided, however, such building or structure may be enlarged or extended upon authorization from the Board of Adjustment, which authorization shall not be granted unless the Board of Adjustment makes each of the following findings of fact:

9.3.2.1. The proposed enlargement or extension shall be less than ten (10) percent of the building or structure gross enclosed floor area in relation to the existing building or structure.

9.3.2.2. The proposed enlargement or extension shall not increase the intensity of the nonconforming use, which is to say, it will not result in an increase in dwelling units for a residential use nor in gross floor area for a nonresidential use.

9.3.2.3. The proposed enlargement or extension is designed so that it will not render the use of the property any less compatible that it is in its existing circumstances.

9.3.2.4. The authorization of such proposed enlargement or extension does not harm or reduce the public health, safety, or welfare.

Where a nonconforming use ceases for one hundred eighty (180) consecutive days, then the use shall not be re-established or resumed, and any subsequent use of the land or structure shall conform to the requirements of this UDO. Vacancy and non-use of the building or structure, regardless of the intent of the owner, shall constitute discontinuance under this provision.

When a structure or operation made nonconforming by this UDO is vacant or discontinued, the one-hundred-eighty-day period begins to run when the property is vacated or use discontinued.

Where a building or structure devoted to a nonconforming use is damaged to the extent of fifty (50) percent or more of its current appraised valuation as determined by the current Johnston County real property tax assessment, such building or structure, if restored, shall thereafter be devoted to conforming uses.

Minor repairs to and routine maintenance of property where nonconforming situations exist are permitted and encouraged. Major renovation, i.e., work estimated to cost more than fifty (50) percent of the appraised valuation as determined by the current county real property tax assessment of the structure to be renovated may be done only in accordance with a zoning permit issued pursuant to this section.

If a structure located on a lot where a nonconforming situation exists is damaged to an extent that the costs of repair or replacement would not exceed fifty (50) percent of the appraised valuation of the damaged structure, then the damaged structure may be repaired or replaced only in accordance with a zoning permit issued pursuant to this section. This subsection does not apply to structures used for single-family residential purposes, which structures may be reconstructed pursuant to a zoning permit just as they may be enlarged or replaced as provided in Section 9.3.

The UDO Administrator shall issue a permit authorized by this section if he finds that, in completing the renovation, repair or replacement work:

9.4.3.1. No violation of Section 9.3 will occur; and

9.4.3.2. The permittee will comply to the extent reasonably possible with all provisions of this UDO permit conditions applicable to the existing use, (except that the permittee shall not lose his right to continue a nonconforming use).

A change in the use of property (where a nonconforming situation exists) that is sufficiently substantial to require a new zoning or special use permit under this UDO may not be made except in accordance with Sections 9.5.2 through 9.5.3 and the other requirements of this ordinance. However, this requirement shall not apply if only a sign permit is needed.

If the intended change in use is to a principal use that is permissible in the district where the property is located, and all of the other requirements, this ordinance applicable to that use can be complied with, permission to make the change must be obtained in the same manner as permission to make the initial use of a vacant lot. Once conformity with this ordinance is achieved, the property may not revert to its nonconforming status.

If the intended change in use is to a principal use that is permitted in the district where the property is located, but all of the requirements of this ordinance applicable to that use cannot reasonably be complied with, then the change is permissible, if the Board of Adjustment issues a variance authorizing the change. This permit may be issued if the Board of Adjustment finds, in addition to any other permits that may be required by this ordinance, that:

9.5.3.1. The intended change will not result in a violation of Section 9.3; and

9.5.3.2. All of the applicable requirements of this ordinance that can reasonably be complied with will be complied with. Compliance with a requirement of this ordinance is not reasonably possible if, among other reasons, compliance cannot be achieved without adding additional land to the lot unless under common ownership where the nonconforming situation is maintained or moving a substantial structure that is on a permanent foundation. Mere financial hardship caused by the cost of meeting such requirements, as paved parking does not constitute grounds for finding that compliance is not reasonably possible. However, the UDO Administrator may conclude that compliance is not reasonably possible if the cost (financial and otherwise) of compliance is substantially disproportional to the benefits of eliminating nonconformity. In no case may an applicant be given permission pursuant to this subsection to construct a building or add to an existing building if additional nonconformities would thereby be created.

If the intended change in principal nonconforming use is to another principal use that is also nonconforming in the district where the property is located, then the change in nonconforming use is permissible if the Board of Adjustment issues a permit authorizing the change. The Board of Adjustment may issue the permit if it finds, in addition to other findings that may be required by this ordinance, that:

9.5.4.1. The use requested is one that is permissible in some zoning district with either a zoning or special use permit; and

9.5.4.2. All of the conditions applicable to the permit authorized in subsection 9.5.3 of this section are satisfied; and

9.5.4.3. The proposed development will have less of an adverse impact on those most affected by it, except for the applicant, and will be more compatible with the surrounding neighborhood than the use in operation at the time the permit is applied for.

An existing nonconforming use shall be discontinued within sixty (60) days of the date of approval of a change in nonconforming use. Subsequent to that time, such existing use shall become unlawful.

All nonconforming projects on which construction was begun at least one hundred eighty (180) days before the effective date of this ordinance as well as all nonconforming projects that are at least twenty-five (25) percent completed in terms of the total expected cost of the project on the effective date of this ordinance may be completed in accordance with the terms of their permits, so long as these permits were validly issued and remain unrevoked and unexpired. If a development is designed to be completed in stages, this subsection shall apply only to the particular phase under construction.

Except as provided in Section 9.7.1, and except to the extent that a developer has a vested right as set forth in Section 4.7, all work on any nonconforming project shall cease on the effective date of this ordinance, and all permits previously issued for work on nonconforming projects shall be revoked unless the developer requests an appeal to the Board of Adjustment to overturn the UDO Administrator's decision. An appeal shall stay any revocation. The UDO Administrator shall issue such a permit if he/she finds that the applicant has in good faith made substantial expenditures or incurred substantial binding obligations or otherwise changes his position in some substantial way in reasonable reliance on the ordinance as it existed before the effective date of this ordinance and thereby would be unreasonably prejudiced if not allowed to complete his project as proposed. In considering whether these findings may be made, the UDO Administrator shall be guided by the following, as well as other relevant considerations:

9.7.2.1. All expenditures made to obtain or pursuant to a building, zoning, sign, or special or conditional use permit that was validly issued and that remains unrevoked shall be considered as evidence of reasonable reliance on the land use law that existed before this ordinance became effective.

9.7.2.2. Except as provided in subsection 9.7.2.1, no expenditures made more than one hundred eighty (180) days before the effective date of this ordinance may be considered as evidence of reasonable reliance on the land use law that existed before this ordinance became effective. An expenditure is made at the time a party incurs a binding obligation to make that expenditure.

9.7.2.3. To the extent that expenditures are recoverable with a reasonable effort, a party shall not be considered prejudiced by having made those expenditures. For example, a party shall not be considered prejudiced by having made some expenditures to acquire a potential development site if the property obtained is approximately as valuable under the new classification as it was under the old.

9.7.2.4. To the extent that a nonconforming project can be made conforming and that expenditures made or obligations incurred can be effectively utilized in the completion of a conforming project, a party shall not be considered prejudiced by having made such expenditures.

9.7.2.5. A person shall be considered to have acted in good faith if the person (i) had actual knowledge of a proposed change in the ordinance affecting the proposed development site which could not be attributed to him, or (ii) should have known of the proposed change in the ordinance.

9.7.2.6. Even though a person had actual knowledge of a proposed change in the land use law affecting a development site, the UDO Administrator may still find that he acted in good faith if he did not proceed with his plans in a deliberate attempt to circumvent the requirements of the proposed ordinance. The UDO Administrator may find that the developer did not proceed in an attempt to avoid requirements of the proposed ordinance if he/she determines that (i) at the time the expenditures were made it was not clear that the proposed ordinance would prohibit the intended development, and (ii) the developer had legitimate business reasons for making expenditures.

9.7.2.7. In deciding whether a permit should be issued under this section, the UDO Administrator shall not be limited to either denying a permit altogether or issuing a permit to complete the project (or phases, sections, or stages thereof) as originally proposed or approved. Upon proper submission of plans by the applicant, the UDO Administrator may also issue a permit authorizing a development that is less nonconforming than the project as originally proposed or approved but that still does not comply with all the provisions of the ordinance making the project nonconforming. The UDO Administrator shall not allow the nonconforming project to be constructed or completed in a fashion that is larger or more extensive than is necessary to allow the developer to recoup and obtain a reasonable rate of return on the expenditures he has made in connection with that nonconforming project.

When it appears from the developer's plans or otherwise that a project was intended to be or reasonably could be completed in phases, stages, segments, or other discrete units, the developer shall be allowed to complete only those phases or segments with respect to which the developer can make the showing required under Section 9.7.2 and obtain permits. In addition to the matters and subject to the guidelines set forth in subsections 9.7.2.1 through 9.7.2.7, the UDO Administrator shall, in determining whether a developer would be unreasonably prejudiced if not allowed to complete phases or segments of a nonconforming project, consider the following in addition to other relevant factors:

9.7.3.1. Whether any plans prepared or approved regarding incompleted phases constitute conceptual plans only or construction drawings based upon detailed surveying, architectural, or engineering work.

9.7.3.2. Whether any improvements, such as streets or utilities, have been installed in phases not yet completed.

9.7.3.3. Whether utilities and other facilities installed in completed phases have been constructed in such a manner or location or on such a scale, in anticipation of connection to or interrelationship with approved but incompleted phases, that the investment in such utilities or other facilities cannot be recouped if such approved but incompleted phases are constructed in conformity with existing regulations.

9.7.3.4. The UDO Administrator shall not consider any application for the permit authorized by Section 9.7.2 that is submitted more than sixty (60) days after the effective date of this ordinance. The UDO Administrator may waive this requirement for good cause shown, but in no case may it extend the application deadline beyond one (1) year.

Subject to the remaining restrictions of this section, nonconforming signs that were otherwise lawful on the effective date of this article may be continued.

No person may engage in any activity that causes an increase in the extent of nonconformity of a nonconforming sign. Without limiting the generality of the foregoing, no nonconforming sign may be enlarged or altered in such a manner as to aggravate the nonconforming condition; nor may illumination be added to any nonconforming sign.

A nonconforming sign may not be moved or replaced except to bring the sign into complete conformity with this article.

If a nonconforming sign is destroyed by natural causes, it may not thereafter be repaired, reconstructed, or replaced except in conformity with all the provisions of this ordinance, and the remnants of the former sign structure shall be cleared from the land. For purposes of this section, a nonconforming sign is "destroyed" if damaged to an extent that the cost of repairing the sign to its former stature or replacing it with an equivalent sign equals or exceeds the value (tax value if listed for tax purposes) of the sign damaged.

The message of a nonconforming sign may be changed so long as this does not create any new nonconformity (for example, by creating a pole sign under circumstances where such a sign would not be allowed).

Subject to other provisions of this section, nonconforming signs may be repaired and renovated so long as the cost of such work does not exceed within any twelve-month period fifty (50) percent of the value (tax value if listed for tax purposes) of such sign.