The purpose of this Article is to permit the use of structures and land that were lawful prior to the adoption of this Code or subsequent amendment, but which are prohibited, or restricted under the provisions of this Code or subsequent amendment. These non-conforming uses shall be allowed to continue in conformance with the regulations stated herein. Such uses are declared incompatible with the uses allowed in the underlying zoning district, and are therefore not encouraged to continue.

A parcel of land with area or lot dimensions that are smaller than required for the applicable zoning district may be used for any purpose permitted in the zoning district if:

A.

Conformance: The parcel was lawful at the time it was created, with any lot created after May 1, 1972 complying with City subdivision regulations, except as provided in Section 1.05, B.2.e; and

B.

Alternatives: No reasonable alternative exists to make the lot conforming, such as the addition of adjoining land under the property owner's control; and

C.

Compliance with Other Regulations: The use meets all minimum requirements of the district for setbacks, height and all other regulations prescribed for the zoning district; and

D.

Safety: The land can be developed in a safe manner and has access to necessary utilities.

A.

Generally

This category of nonconformance consists of lots, occupied by buildings or structures at the time of the passage of this ordinance, that fail to comply with minimum requirements for area, width, front yard, side yard, rear yard, height, unobstructed open space and other requirements for the district(s) in which they are located. Structures and buildings on these lots may be improved, enlarged, and extended, provided as follows:

1.

Any such improvement, enlargement or extension of buildings or structures shall comply with minimum requirements as to front yard, side yard, rear yard, height and unobstructed open space for the district in which they are located.

2.

The existence of a nonconforming condition on a lot, parcel or tract of land shall not prevent the construction of additional buildings or structures on said parcel, lot or tract so long as said building or structure itself meets the requirements of this Code. Accessory uses shall not be constructed or added to if the principal use does not exist on the property.

3.

Nonconforming conditions such as absent or substandard buffering, parking spaces, landscaping, or loading space, existing at the enactment of this ordinance on premises used for the conforming use may be continued so long as they are not enlarged or otherwise made less conforming. The absent and substandard conditions shall be addressed on the property if adequate space is available. The construction or erection of structures or buildings shall not be considered an enlargement or extension of such conditions.

4.

Maintenance and repairs necessary to keep a nonconforming structure in sound condition shall be permitted.

B.

Americans with Disabilities Act

Construction intended to bring a non-conforming property into compliance with the requirements of the American Disabilities Act shall be permitted.

C.

Improvement, Repair, and Maintenance

1.

Routine Repair and Maintenance of Non-conforming Structure: Normal maintenance or minor repair of a non-conforming structure shall be permitted. Minor repairs are non-structural in nature. If the value of repairs exceeds fifty percent (50%) of the fair market value of the structure (exclusive of land costs) over any thirty-six (36) month period, the building or structure shall be brought into conformance with the provisions of this Code.

2.

Structural alterations or additions to a building that is non-conforming with respect to height or setback shall be permitted, provided the existing non-conformity is not increased nor a new non-conformity created.

3.

Restoration of a Destroyed Non-conforming Structure: A non-conforming building damaged by fire, explosion, or act of God to the extent of more than fifty percent (50%) of its replacement value shall not be restored except in conformity with the regulations of the district in which it is located or pursuant to the granting of necessary variances. When damaged to less than fifty percent (50%) of its replacement value, a non-conforming building may be repaired and restored, provided no restoration shall extend over a property line or increase the degree of non-conformity, and provided further that reconstruction shall begin within six (6) months of the date of damage, and a Certificate of Occupancy shall be issued within one (1) year of the date of the damage.

D.

Non-Conforming Site Features

1.

For existing non-residential or multi-family structures, if there is an expansion of gross floor area by twenty-five percent (25%) or more the lot shall comply, to the extent feasible, with street improvement requirements of this ordinance along the fronting public streets including, but not limited to turning and traffic storage lanes, sidewalks, curb and gutter per Chapter 20 of the City Code, landscaping, buffering, right-of-way dedication and any other improvement attribute in plans adopted by the City. Determination of feasibility and level of compliance will be determined by a review of the site plans by the Technical Review Committee (TRC). Additional review may be required by the zoning district or the Municipal Service District.

The above referenced expansions shall apply to the cumulative total of improvements that are issued by a zoning approval within a twenty-four (24) month period.

(Ord. No. 12-22, 10-1-2012)

Non-conforming open uses of land are those where buildings and structures are incidental to the outdoor use, such as storage yards, lumberyards, used car lots, auto wrecking and junk yards, golf driving ranges, miniature golf, and similar open uses. A nonconforming open use of land may be continued, provided:

A.

When the use has been changed to a conforming use, it shall not thereafter be used for any nonconforming use. Change of use to any structure shall be submitted to the Iredell County Building Inspection Department for approval.

B.

The use shall not be changed except to a conforming use.

C.

The use shall not be enlarged to cover more land than was occupied when the use became nonconforming.

D.

When the use is discontinued, unused, or vacant, regardless of intent, for a period exceeding one (1) year, or six (6) months in the CB, CBP, Municipal Service and the H-115 Districts, any future use shall conform to the underlying zoning district.

This category of non-conformances consists of land uses at the effective date of this Code that are not permitted in the district in which they are located. Such uses may be continued, provided as follows:

A.

When a non-conforming use has been changed to a conforming use, it shall not be thereafter used for any non-conforming use. Change of use to any structure shall be submitted to the Iredell County Building Inspection Department for approval. For additional information, please refer to Section 4.09 of this Ordinance.

B.

Except as specifically authorized below, a non-conforming use shall not be extended or enlarged except into portions of the structure which, at the time of use became non-conforming were already erected and arranged or designed for such nonconforming use. No structural alterations or additions shall be made in any structure occupied by a non-conforming use, except those required by law or ordinance, and except as follows:

1.

Non-conforming existing residential structures in either business districts or industrial districts may be enlarged, extended or structurally enlarged provided no additional dwelling units result from such enlargement, extension or alteration.

2.

A non-conforming structure may be extended throughout any portion of a completed building that, when the use was made non-conforming by this Code, was manifestly designed or arranged to accommodate such use.

3.

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 this Code occur.

4.

Any structure for single-family residential purposes, maintained as a non-conforming use, may be replaced with a similar structure of a larger size, so long as the replacement does not create new non-conformities or increase the extent of existing non-conformities with respect to yard size and setback requirements. In particular, a mobile home may be replaced with a larger mobile home, and a "single-wide" mobile home may be replaced with a "double-wide." This section is subject to the limitations stated in Section 4.05.C.

C.

When any non-conforming use is discontinued for a period in excess of one (1) year, six (6) months for properties located in the CB, CBP, Municipal Service or H-115 District, the property shall not thereafter be used except in conformance with the regulation of the district. However small expansions are permitted in the H-115 District provided the requirements of Article 3 and Article 6 have been met.

(Ord. No. 25-20, 11-2-2020; Ord. No. 02-23, exh. A, 1-9-2023)

The maintenance, repair and alteration of a use with non-conforming parking may be permitted, provided that additional off-street parking provided for the site complies with this Code.

Non-conforming signs shall comply with the provisions of Section 6.07.

A.

Residences

1.

Garages and Sanitary Facilities: Non-conforming residential uses may add private garages or sanitary facilities, provided such addition conforms to the requirements of this Code.

2.

Residences in Commercial Districts: Nonconforming residential structures located in commercial districts may be extended or enlarged provided no additional dwelling units are created.

3.

Replacement: Any non-conforming single-family residential dwelling may be replaced, by a larger structure provided the degree of non-conformance is not increased and no new nonconformities are created.

B.

Historic Structures

All non-conforming structures listed as a national, state, or local historic site shall not be required to conform to these regulations, provided that:

1.

Construction or reconstruction does not increase the degree of non-conformity or adversely impact the historic status of the structure; and

2.

A non-conforming site or structure must comply with the change of use provisions of this Code.

3.

Legal Lots of Record and Vested Rights: Legal lots of record and properties that do not meet the bulk and density requirements of this Code, may be developed in conformance with the underlying zoning district. However, the Planning Director may require adjacent lots under common ownership to be consolidated to create conforming lots.

A non-conforming use may be changed to another non-conforming use of similar or less intensity upon meeting the following requirements:

A.

The new use is allowed only in the same zoning districts as the previous use;

B.

The hours of operation generally can be expected to be similar (i.e., with regard to opening and/or closing times) or fewer than the previous use;

C.

The days of operation generally can be expected to be similar (or fewer) than the previous use;

D.

The amount of required parking for the use is no greater than ten percent (10%) greater than the previous use;

E.

The new use is NOT allowed to have outside storage, unless outdoor storage was part of previous use.

(Ord. No. 17-01, 2-6-2017)