(a)

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

(b)

Nonconforming projects may be completed only in accordance with the provisions of section 40-40.

(c)

Nonconforming signs shall be defined and regulated in accordance with the standards of section 40-418.

(Code 1993, § 27-14)

(a)

Except as specifically provided in this section, a nonconforming use or situation shall not be intensified through expansion or enlargement. The following activities are particularly prohibited:

(1)

For nonconforming uses, a use that was valid when brought into existence but is no longer conforming, an increase in the total amount of space devoted to a nonconforming use; extensions throughout any portion of a building by a nonconforming use; and an increase in volume, intensity, or frequency by a nonconforming use.

(2)

For nonconforming situations, including lots, structures, and projects, greater nonconformity with respect to dimensional restrictions, density requirements, or other regulations such as parking requirements; and enclosing a previously unenclosed area that does not meet all applicable development standards.

(b)

Subject to section 40-40, authorizing the completion of nonconforming projects in certain circumstances, a nonconforming use may not be extended to additional buildings or to land outside the original building.

(c)

Subject to section 40-40, a nonconforming use of undeveloped land may not be extended to cover more land than was occupied by that use when it became nonconforming, except a use that involves the removal of natural materials from the lot (a sand mining operation) may be expanded to within twenty (20) feet of 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 on the effective date of these regulations.

(d)

Notwithstanding subsection (a) of this section, any structure used for single-family residential purposes that is 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 intensify existing nonconformities such as failure to comply with required setbacks or parking regulations. This subsection is subject to the limitations set out in section 40-38, pertaining to abandonment and discontinuance of a nonconforming use. A nonconforming single-family residential structure may be enlarged or create new nonconformities subject to the approval of a variance from the Board of Adjustment subject to article XIX and notwithstanding other requirements of this article.

(Code 1993, § 27-15; Ord. No. 21-3, § 1(Att.), 6-14-2021)

(a)

If a structure is located on a lot where a nonconforming use exists, then minor repairs and routine maintenance is permitted, provided the cost of such repairs and maintenance within any twelve-month period does not exceed ten (10) percent of the appraised valuation of the damaged structure, as shown on the county tax records of the building, structure, or other development of land, or portion thereof.

(b)

If a structure located on a lot where a nonconforming use exists is damaged to an extent that the costs of repair or replacement would exceed twenty-five (25) percent of the appraised valuation of the damaged structure, as shown on the county tax records at the time of such damage, then the structure, if restored, shall thereafter be devoted to conforming uses. Notwithstanding this requirement, any nonconforming, owner-occupied, single-family residence may be restored and used as an owner-occupied residence regardless of the extent of the damage.

(c)

If a structure is located on a lot where a nonconforming situation exists, such structure may be restored and occupancy or use allowed if that structure is destroyed by fire, wind, flood or other natural disaster, provided that such restoration and occupancy or use complies with the provisions of this chapter

(Code 1993, § 27-16; Ord. No. 21-3, § 1(Att.), 6-14-2021)

(a)

A change of use where a nonconforming situation exists shall be permitted only if the intended change is to a use that is permissible in the district where the property is located.

(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 article applicable to that use can be met, 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 article is achieved, the property may not revert to its nonconforming status.

(c)

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

(1)

The intended change will not violate section 40-35, pertaining to the extension or enlargement of nonconforming situations.

(2)

All of the requirements of this article that can be reasonably complied with will be met. Compliance with a requirement of this article 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 requirements, such as a paved parking lot, does not constitute grounds for finding that compliance is not reasonably possible.

Except as provided in section 40-35(c), the applicant shall not be given permission, pursuant to this subsection, to construct a building or add to an existing building if additional nonconformities would thereby be created.

(Code 1993, § 27-17)

(a)

When a nonconforming use is discontinued for a consecutive period of one hundred eighty (180) days, the property involved may thereafter be used only for conforming purposes.

(b)

For purposes of determining whether a right to continue a nonconforming use 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 (1) apartment in a nonconforming apartment building 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 as a whole is continuously maintained. But if a nonconforming use is maintained in conjunction with a conforming use, discontinuance of the nonconforming use for the required one hundred eighty (180) day period shall terminate the right to maintain the nonconforming use thereafter.

(c)

When a structure or use made nonconforming by this article is vacant or discontinued at the effective date of the ordinance from which this article is derived, the one hundred eighty-day period for purposes of this section begins to run on the effective date of the ordinance from which this article is derived.

(Code 1993, § 27-18; Ord. No. 21-3, § 1(Att.), 6-14-2021)

(a)

Any single nonconforming lot of record, existing as of the effective date of the ordinance from which this article is derived, that has eighty (80) percent or more of the minimum required lot area and lot width for the district where the property is located may be used as a building lot as long as all other dimensional requirements can be met.

(b)

If any single nonconforming lot of record, existing as of the effective date of the ordinance from which this article is derived, has eighty (80) percent or less of the minimum required lot area and lot width for the district where the property is located, or in any case where dimensional requirements for any nonconforming lot cannot be met, the Board of Adjustment may authorize a special use permit authorizing a single-family residence on the lot if it finds that:

(1)

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

(2)

Such residence will not substantially injure the value of adjoining or abutting property or significantly endanger the public health or safety if built as proposed; and

(3)

Proposed yards, building height, and other dimensional requirements of the proposed residence will deviate from the requirements of this chapter no more than shall be necessary to make reasonable use of the property.

(c)

Notwithstanding subsections (a) and (b) of this section, if a property owner owns adjoining vacant lots to a nonconforming lot, the property owner shall be required to combine one (1) or more of these lots to the nonconforming lot, in order to form one (1) conforming lot, before he shall be allowed to use the provisions of subsections (a) and (b) of this section.

(Code 1993, § 27-19)

(a)

When a building permit has been validly issued for construction of a nonconforming project, such project shall be permitted to develop in accordance with the terms of that permit, provided the building permit remains unrevoked and unexpired. A permit shall not expire or be revoked because of the running of time while a vested right under this section is outstanding.

(b)

A vested right shall be deemed established to any property upon the valid approval of a site-specific vesting plan by the person or commission having planning and zoning jurisdiction over the development approval. Such vested right shall confer upon the property owner the right to undertake and complete the development and use of said property under the terms and conditions of the site-specific vesting plan. Nothing in this section shall prohibit the city from revoking the original approval for failure to comply with applicable terms and conditions of the approval.

(c)

A site plan shall be deemed approved upon the effective date of action of the appropriate person or commission with planning and zoning jurisdiction over the property. The plans approved as a portion of the following development approvals, shall be considered, for purposes of this section, a site-specific vesting plan:

(1)

Special Use Permit.

(2)

Conditional District.

(3)

Planned Unit Development.

(4)

Subdivision Plat.

(5)

Site Plan or Master Plan (if multi-phased).

(d)

A right which has been vested, as provided for in this section, shall remain vested for a period of two (2) years. The vesting shall not be extended to any amendments or modifications to any site-specific vesting plan; the vested right shall remain only in the original site specific vesting plan, as approved. A right which has been vested as provided in this section shall terminate at the end of the two-year period with respect to buildings and uses for which no valid building permit applications have been filed.

(e)

Pursuant to G.S. 160D-403(c), unless otherwise specified by this section, statute, or local ordinance, all other local development approvals expire one (1) year after issuance unless work has substantially commenced.

(f)

It shall be recognized that building permits are valid for six (6) months and the default rule is that development approvals/permits are valid for twelve (12) months.

(g)

The city may provide for rights to be vested for a period exceeding two (2) years but not exceeding five (5) years where warranted in light of all relevant circumstances, including, but not limited to the size and phasing of development, the level of investment, the need for the development, economic cycles, and market conditions or other considerations. These determinations are in the sound discretion of the City of Washington and shall be made following the process specified for the particular form of a site-specific vesting plan involved in accordance with G.S. 160D-108.1.

(h)

A multi-phased development is a development containing over twenty-five (25) acres that is both submitted for a development approval to occur in more than one (1) phase and subject to a master development plan with committed elements showing the type and intensity of each phase.

(1)

A multi-phased development is vested for the entire development with the land development regulations then in place at the time a site plan approval is granted for the initial phase of the multi-phased development.

(2)

A right which has been vested as provided for herein remains vested for a period of seven (7) years from the time a site plan approval is granted for the initial phase of the multi-phased development.

(i)

A vested right once established, as provided for in this section, precludes any zoning action by the city against the property which would change, alter, impair, prevent, diminish, or otherwise delay the development or use of the property as set forth in an approved site plan, except as provided by State or Federal law. Applicable new regulations shall become effective with respect to property which is subject to a site plan upon the expiration or termination of the vested rights period provided for in this section.

(j)

Notwithstanding any provision of this section, the establishment of a vested right shall not preclude, change, or impair the authority of the city to adopt and enforce zoning ordinance provisions governing nonconforming situations, lots, or uses.

(k)

A vested right obtained under this section is not a personal right, but shall attach to and run with the applicable property. After approval of a site plan, all successors to the original landowner shall be entitled to exercise such rights as provided herein.

(l)

Nothing in this section shall be deemed to conflict with the rights conferred upon a subdivider by the city subdivision regulations when preliminary plat approval has been given to a nonconforming project.

(m)

Except as provided in this section, no building permit shall be issued, nor shall any site plan approval be vested for a project that does not conform to these regulations.

(Code 1993, § 27-20; Ord. No. 21-3, § 1(Att.), 6-14-2021)

(a)

The following use shall become nonconforming in all districts as of the date of adoption of the ordinance from which this article is derived and shall be removed within seventy-two (72) months after the date of adoption: junkyards or automobile graveyards.

(b)

The following uses shall become nonconforming in all districts except I1, as of the date of adoption of the ordinance from which this article is derived and shall be removed within seventy-two (72) months after the date of adoption:

(1)

Salvage yards, auto parts.

(2)

Salvage yards, scrap processing.

(Code 1993, § 27-21; Ord. No. 00-12, 9-11-2000)

If an applicant submits an application for any type of development and a rule or ordinance is amended, including an amendment to any applicable land development regulation, between the time the development application was submitted and a decision is made, the development applicant may choose which adopted version of the rule or ordinance will apply to the development and use of the building, structure, or land indicated on the application. If the applicant chooses the version of the rule or ordinance applicable at the time of the application, the applicant shall not be required to await the outcome of the amendment to the rule, map, or ordinance prior to acting on the development permit.

(Ord. No. 21-3, § 1(Att.), 6-14-2021)