If, within the districts established by this Ordinance, or by amendments that may later be adopted, there exist lots, structures, and uses of land and structures which were lawful before this Ordinance was passed or amended, but which would be prohibited under the terms of this Ordinance or amendments to it, it is the intent of this Ordinance to permit these nonconformances to continue until they are removed, but not to encourage their continuance. Such nonconformances are declared by this Ordinance to be incompatible with permitted uses in the districts in which they are located.

It is further the intent of this Ordinance that nonconformances shall not be enlarged upon, expanded or extended, or used as ground for adding other structures, or uses prohibited elsewhere in the same district.

A.

Unless otherwise specifically provided in this Chapter and subject to the restrictions and qualifications set forth in this Chapter, nonconforming situations that were otherwise lawful on the effective date of this Chapter may be continued.

B.

Nonconforming projects may be completed only in accordance with the provisions of § 13.8.

A.

When a nonconforming lot can be used in conformity with all of the regulations applicable to the intended use, except that the lot is smaller than the required minimums set forth in Chapter 2 of this Ordinance, then the lot may be used as proposed just as if it were conforming. However, no use (e.g., a two-family residence) that requires a greater lot size than the established minimum lot size for a particular zone is permissible on a nonconforming lot.

B.

When the use proposed for a nonconforming lot is one that is conforming in all other respects, but the applicable setback requirements cannot reasonably be complied with, then the Administrator may allow deviations from the applicable setback requirements if it finds that:

1.

The property cannot reasonably be developed for the use proposed without such deviations;

2.

These deviations are necessitated by the size or shape of the nonconforming lot; and

3.

The property can be developed as proposed without any significantly adverse impact on surrounding properties or the public health or safety.

C.

For purposes of § 13.3.B compliance with applicable building setback requirements is not reasonably possible if a building that serves the minimal needs of the use proposed for the nonconforming lot cannot practicably be constructed and located on the lot in conformity with such setback requirements. However, mere financial hardship does not constitute grounds for finding that compliance is not reasonably possible.

D.

This section applies only to undeveloped nonconforming lots. A lot is undeveloped if it has no substantial structures upon it. A change in use of a developed nonconforming lot may be accomplished in accordance with § 13.6.

E.

Subject to the following sentence, if, on the date this section becomes effective, an undeveloped nonconforming lot adjoins and has continuous frontage with one or more other undeveloped lots under the same ownership, then neither the owner of the nonconforming lot nor his successors in interest may take advantage of the provisions of this section. This subsection shall not apply to a nonconforming lot if 50% or more of the developed lots located on either side of the street where such lot is located and within 500 feet of such lot are also nonconforming. The intent of this subsection is to require nonconforming lots to be combined with other undeveloped lots to create conforming lots under the circumstances specified herein, but not to require such combination when that would be out of character with the way the neighborhood has previously been developed.

A.

Except as specifically provided in this section, no person may engage in any activity that causes an increase in the extent of nonconformity of a nonconforming situation. In particular, physical alteration of structures or the placement of new structures on open land is unlawful if such activity results in:

1.

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

2.

Greater nonconformity with respect to dimensional restrictions such as setback requirements, height limitations or density requirements or other requirements such as parking requirements.

B.

Subject to § 13.4.D, a nonconforming use may be extended throughout any portion of a completed building that, when the use was made nonconforming by this Chapter, was manifestly designed or arranged to accommodate such use. However, subject to § 13.8, a nonconforming use may not be extended to additional buildings or to land outside the original building.

C.

Subject to § 13.8.5, 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., a sand pit) may be expanded to the boundaries of the lot where the use was established at the time it became nonconforming if 10% or more of the earth products had already been removed on the effective date of this Chapter.

D.

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

E.

Notwithstanding § 13.4.A, any structure used for single-family residential purposes and maintained as a nonconforming use may be enlarged or replaced with a similar structure of a larger size, so long as the enlargement or replacement does not create new nonconformities or increase the extent of existing nonconformities with respect to such matters as setback and parking requirements. This paragraph is subject to the limitations stated in § 13.7.

F.

Notwithstanding § 13.4.A, whenever there exists a lot with one or more structures on it; and a change in use that does not involve any enlargement of a structure is proposed for such lot; and the parking or loading requirements of Chapter 9 of this Ordinance that would be applicable as a result of the proposed change cannot be satisfied on such lot because there is not sufficient area available on the lot that can practicably be used for parking or loading, then the proposed use shall not be regarded as resulting in an impermissible extension or enlargement of a nonconforming situation. However, the applicant shall be required to comply with all applicable parking and loading requirements that can be satisfied without acquiring additional land, and shall also be required to obtain satellite parking in accordance with Chapter 9 of this Ordinance if parking requirements cannot be satisfied on the lot with respect to which the permit is required, and such satellite parking is reasonably available. If such satellite parking is not reasonably available at the time the zoning or special or conditional use permit is granted, then the permit recipient shall be required to obtain it if and when it does become reasonably available. This requirement shall be a continuing condition of the permit.

A.

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 60% of the appraised valuation of the structure to be renovated may be done only in accordance with a special use permit issued pursuant to this section.

B.

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 exceed 25% of the appraised valuation of the damaged structure, then the damaged structure may be repaired or replaced only in accordance with a special use 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 § 13.4.E.

C.

For purposes of §§ 13.5.A and 13.5.B:

1.

The cost of renovation or repair or replacement shall mean the fair market value of the materials and services necessary to accomplish such renovation, repair, or replacement.

2.

The cost of renovation or repair or replacement shall mean the total cost of all such intended work, and no person may seek to avoid the intent of § 13.5.A or § 13.5.B by doing such work incrementally.

3.

The appraised valuation shall mean either the appraised valuation for property tax purposes, updated as necessary by the increase in the consumer price index since the date of the last valuation, or the valuation determined by a professionally recognized property appraiser.

D.

The Planning Board shall issue a special use permit authorized by this section if it finds that, in completing the renovation, repair or replacement work:

1.

There is no increase in the total amount of lot area devoted to the nonconforming use;

2.

There is no greater nonconformity with respect to dimensional restrictions such as setback requirements, height limitations, or density requirements or other requirements such as parking, loading and landscaping requirements; and

3.

There is no significant adverse impact on surrounding properties or the public health or safety. In issuing a special use permit, the board may affix other reasonable and appropriate conditions such as, but not limited to, landscaping and buffering to separate dissimilar uses or to screen parking and loading areas.

A.

A change in use of property that is sufficiently substantial to require a new zoning, special use, or conditional use permit may not be made except in accordance with of this Section. However, this requirement shall not apply if only a sign permit is needed.

B.

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 of this Chapter 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 Chapter is achieved, the property may not revert to its nonconforming status.

C.

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

1.

The intended change will not result in a violation of § 13.4; and

2.

All of the applicable requirements of this Chapter that can reasonably be complied with will be complied with. Compliance with a requirement of this Chapter is not reasonably possible if compliance cannot be achieved without adding additional land to the lot 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. 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.

D.

If the intended change in use is to another principal use that is also nonconforming, then the change is permissible if the planning board issues a special use permit authorizing the change. The planning board may issue the permit if it finds, in addition to other findings that may be required by this Chapter, that:

1.

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

2.

All of the conditions applicable to the special use permit authorized in § 13.6.C of this section are satisfied; and

3.

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

A.

When a nonconforming use is discontinued for a consecutive period of one hundred eighty (180) days or discontinued for any period of time without a present intention to reinstate the nonconforming use, the property involved may thereafter be used only for conforming purposes.

B.

If the principal activity on property where a nonconforming situation other than a nonconforming use exists is discontinued for a consecutive period of one hundred eighty (180) days, or discontinued for any period of time without a present intention of resuming that activity, then that property may thereafter be used only in conformity with all of the regulations applicable to the preexisting use unless the planning board issues a special use permit to allow the property to be used for this purpose without correcting the nonconforming situations. This special use permit may be issued if the planning board finds that eliminating a particular nonconformity is not reasonably possible (i.e., cannot be accomplished without adding additional land to the lot where the nonconforming situation is maintained, or moving a substantial structure that is on a permanent foundation). The special use permit shall specify which nonconformities need not be corrected.

C.

For purposes of determining whether a right to continue a nonconforming 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 nonconforming apartment building 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 as a whole is continuously maintained. But if a nonconforming use 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.

D.

When a structure or operation made nonconforming by this Chapter is vacant or discontinued at the effective date of this Chapter, the one hundred eighty-day period, for purposes of this section, begins to run on the effective date of this Chapter.

A.

All nonconforming projects on which construction was begun at least one hundred 180 days before the effective date of this Chapter as well as all nonconforming projects that are at least 10% completed in terms of the total expected cost of the project on the effective date of this Chapter, 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. In addition, as provided in G.S. § 160A-385(b), neither this ordinance nor any amendment to it shall, without the consent of the property owner, affect any lot with respect to which a building permit has been issued pursuant to G.S. § 160A-417 prior to the enactment of the ordinance making the change, so long as the building permit remains valid, unexpired, and unrevoked.

B.

Except as provided in § 13.8.A, all work on any nonconforming project shall cease on the effective date of this Chapter, and all permits previously issued for work on nonconforming projects may begin or may be continued only pursuant to a zoning, special use, conditional use, or sign permit issued in accordance with this section by the individual or board authorized by this Chapter to issue permits for the type of development proposed. The permit-issuing authority shall issue such a permit if it finds that the applicant has in good faith made substantial expenditures or incurred substantial binding obligations or otherwise changed his position in some substantial way in reasonable reliance on the land use law as it existed before the effective date of this Chapter, and thereby would be unreasonably prejudiced if not allowed to complete his project as proposed. In considering whether these findings may be made, the permit-issuing authority shall be guided by the following, as well as other relevant considerations:

1.

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

2.

Except as provided in subdivision § 13.8.B.1, no expenditures made more than 180 days before the effective date of this Chapter may be considered as evidence of reasonable reliance on the land use law that existed before this Chapter became effective. An expenditure is made at the time a party incurs a binding obligation to make that expenditure.

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 expenditure to acquire a potential development site if the property obtained is approximately as valuable under the new classification as it was under the old, for the expenditure can be recovered by a resale of the property.

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.

5.

An expenditure shall be considered substantial if it is significant both in dollar amount and in terms of the total estimated cost of the proposed project, and the ordinary business practices of the developer.

6.

A person shall be considered to have acted in good faith if actual knowledge of a proposed change in the land use law affecting the proposed development site could not be attributed to him.

7.

Even though a person had actual knowledge of a proposed change in the land use law affecting a development site, the permit-issuing authority may still find that he acted in good faith if he did not proceed with his plans in a deliberate attempt to circumvent the effects of the proposed ordinance. The permit-issuing authority may find that the developer did not proceed in an attempt to undermine the proposed ordinance if it determines that at the time the expenditures were made, either there was considerable doubt about whether any ordinance would ultimately be passed, or it was not clear that the proposed ordinance would prohibit the intended development; and the developer had legitimate business reasons for making expenditures.

8.

In deciding whether a permit should be issued under this section, the permit-issuing authority 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 permit-issuing authority 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.

C.

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 § 13.8.B. In addition to the matters and subject to the guidelines set forth in subsections 13.8.B.1—6, the permit-issuing authority 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:

1.

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

2.

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

3.

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

D.

The permit-issuing authority shall not consider any application for the permit authorized by § 13.8.B that is submitted more than 60 days after the effective date of this Chapter. The permit-issuing authority may waive this requirement for good cause shown, but in no case may it extend the application deadline beyond one year.

E.

The administrator shall send copies of this section to the persons listed as owners for tax purposes (and developers, if different from the owners) of all properties in regard to which permits have been issued for nonconforming projects or in regard to which a nonconforming project is otherwise known to be in some stage of development. This notice shall be sent by certified mail not less than 15 days before the effective date of this Chapter.

F.

The permit-issuing authority shall establish expedited procedures for hearing applications for permits under this section. These applications shall be heard, whenever possible, before the effective date of this Chapter, so that construction work is not needlessly interrupted.

Signs in existence on the effective date of this ordinance which do not conform to the provisions of this ordinance, but which were constructed, erected, affixed or maintained in compliance with all previous regulations, shall be regarded as nonconforming signs. Although it is not the intent of the ordinance to encourage the continued use of nonconforming signs, nonconforming signs shall be allowed to continue and a decision as to the continued existence and use or removal of such signs shall be controlled as follows:

A.

No nonconforming sign shall be changed to another nonconforming sign.

B.

No nonconforming sign shall have any changes made in the words or symbols used or the message displayed on the sign unless the sign is specifically designed for periodic change of message.

C.

No nonconforming sign shall be structurally altered so as to change the shape, size, type or design of the sign.

D.

No nonconforming sign shall be re-established after the activity, business or use to which it relates has been discontinued and such sign shall be removed.

E.

No nonconforming sign shall be re-established and all remains of the sign must be removed after damage or destruction, if the estimated expense of repairs exceeds 50% of the estimated total value of the sign at the time of destruction. If damaged by less than 50%, but repairs are not made within 3 months of the time such damage occurred, the nonconforming sign shall not be allowed to continue and must be removed.

F.

No nonconforming sign shall be relocated.

G.

Normal maintenance and repair of a nonconforming sign is permitted providing the shape, size, type or design of the sign is not altered.

1.

Signs located on premises which come within the zoning jurisdiction of the Town of Tarboro after the effective date of this ordinance and which signs do not comply with the provisions of this ordinance shall be subject to the requirements listed above.

2.

Any nonconforming sign which is structurally altered, relocated or replaced shall immediately be brought into compliance with all the provisions of this ordinance.

3.

Signs in existence on the effective date of this ordinance which do not comply with provisions regulating use of strobe lights, zip lights, flashing lights or rotating beacons; flags, streamers or strings of lights; or permanently installed or situated merchandise, shall be made to conform within 90 days form the effective date of this ordinance.

4.

The administrator shall order the removal of any sign maintained in violation of the provisions of this section for which removal procedures are herein prescribed, accordingly: the administrator shall give 90 days' written notice to the owner or lessee to remove the sign or to bring it into compliance with this ordinance. If the owner or lessee fails to remove the sign within 90 days after the ninety-day written notice has been given, the administrator or his duly authorized representative may institute removal proceedings according to the procedures specified in G.S. § 160A-175.