Article 14: Nonconformities

Sec. 14.1. General

14.1.1. Purpose

Zoning regulations established by the adoption of this Ordinance or amendments to this Ordinance may cause properties and uses which were lawful prior to the adoption of certain regulation to not meet requirements after adoption of the regulations. The purpose of this section is to establish procedures and regulations for the use of those properties or structures which are in conflict with the requirements of this Ordinance. It is not the intent of this section to encourage the continuance of nonconformities that are out of character with the standards of the zoning district. This section allows certain nonconforming situations, only as described in this section, to continue as legal exceptions to this Ordinance.

14.1.2. Nonconformities Defined

A nonconformity shall be any use, lot, improvement, or structureClosed A walled or roofed constructed object that is principally above ground; vertical projections meeting the definition of antenna-supporting or wireless support structures; or, when used in reference to Sec. 8.4, Floodplain and Flood Damage Protection Standards, a gas or liquid storage tank that is principally above ground. Included in this definition are extensions or additions which are covered by a roof supported by walls or columns, such as but not limited to porte cocheres, carports, covered or screened porches, and breezeways. that, as a result of amendments to this Ordinance or a preexisting condition, does not meet the current standards of the Ordinance.

A. Nonconforming Use

A nonconforming use shall be any land use or type of residential use that was legally established but has become a prohibited use in the district in which it exists.

B. Nonconforming Lot

A nonconforming lot shall be any legally established parcelClosed See “Lot of record.” that does not conform to the current area or dimensional requirements of the zoning district in which it is located.

C. Nonconforming Improvement or Structure

A nonconforming improvement or structureClosed A walled or roofed constructed object that is principally above ground; vertical projections meeting the definition of antenna-supporting or wireless support structures; or, when used in reference to Sec. 8.4, Floodplain and Flood Damage Protection Standards, a gas or liquid storage tank that is principally above ground. Included in this definition are extensions or additions which are covered by a roof supported by walls or columns, such as but not limited to porte cocheres, carports, covered or screened porches, and breezeways. shall be any legally established improvement, buildingClosed As defined in the North Carolina Building Code, as amended, or the North Carolina Residential Code for One and Two-Family Dwellings, as amended, as applicable. or structureClosed A walled or roofed constructed object that is principally above ground; vertical projections meeting the definition of antenna-supporting or wireless support structures; or, when used in reference to Sec. 8.4, Floodplain and Flood Damage Protection Standards, a gas or liquid storage tank that is principally above ground. Included in this definition are extensions or additions which are covered by a roof supported by walls or columns, such as but not limited to porte cocheres, carports, covered or screened porches, and breezeways. that fails to meet current Ordinance standards for setbackClosed The minimum distance between a property line (or a different encumbrance, improvement, or feature as required within a specific regulation) and a building or structure., height, or similar factors.

14.1.3. Continuation of Nonconformities

A. Legal nonconformities may continue subject to the limitations of this Article. Continuation, reconstruction, alteration, and/or expansion of such nonconformities shall be subject to the provisions of this Article.

B. Uses Requiring a Major or Minor Special Use Permit

Buildings or uses which lawfully existed at the time of the initial effective date of this Ordinance which would require the issuance of a special use permit may continue as a conforming use without the special use permit. However, any future expansion of the buildingClosed As defined in the North Carolina Building Code, as amended, or the North Carolina Residential Code for One and Two-Family Dwellings, as amended, as applicable. or use in excess of 15% of the gross floor areaClosed Area of enclosed (i.e. roofed and walled) built space, excluding any unfinished area used exclusively for storage or mechanical elements. or site size (measured from the size of the buildingClosed As defined in the North Carolina Building Code, as amended, or the North Carolina Residential Code for One and Two-Family Dwellings, as amended, as applicable. or use at the time of ordinance adoption) requires application for a special use permit in conformance with procedures found in this Ordinance.

14.1.4. Maintenance and Repair

Nothing in this section shall prohibit the ordinary maintenance and repair of a nonconformity, including but not limited to repairs required by the Durham Housing Code, except that nonconforming structures that have suffered repetitive lossClosed Flood-related damages sustained by a structure on two separate occasions during a 10-year period for which the cost of repairs at the time of each such flood event, on the average, equals or exceeds 25% of the market value of the structure before the damage occurred. due to flooding shall not be permitted to be repaired. Maintenance and repair shall be subject to issuance of buildingClosed As defined in the North Carolina Building Code, as amended, or the North Carolina Residential Code for One and Two-Family Dwellings, as amended, as applicable. permits, as is required by the BuildingClosed As defined in the North Carolina Building Code, as amended, or the North Carolina Residential Code for One and Two-Family Dwellings, as amended, as applicable. Code.

14.1.5. Completion of Buildings and Improvements

A. Nonconformities Resulting from Adoption of This Ordinance or Other Governmental Action

Completion of buildings that become nonconforming as a result of passage of this Ordinance or another governmental action shall be allowed if an application for a building permitClosed A permit issued by the Inspections Department in conformance with the State Building Code. sufficient to allow approval was submitted prior to passage of this Ordinance, and if the buildingClosed As defined in the North Carolina Building Code, as amended, or the North Carolina Residential Code for One and Two-Family Dwellings, as amended, as applicable. is subsequently completed in accordance with an approved building permitClosed A permit issued by the Inspections Department in conformance with the State Building Code. within two years of initial issuance of the permit. In addition, completion of buildings for which buildingClosed As defined in the North Carolina Building Code, as amended, or the North Carolina Residential Code for One and Two-Family Dwellings, as amended, as applicable. permits were not applied for may be allowed under the Transitional provisions of this Ordinance. Completion of improvements other than buildings that become nonconforming as a result of passage of this Ordinance shall be governed by the Transitional provisions of this Ordinance.

B. Subsequent Nonconformities

Completion of buildings that are created by amendments to this Ordinance or another governmental action shall be allowed if a building permitClosed A permit issued by the Inspections Department in conformance with the State Building Code. was issued prior to the amendment, if the permit remains continuously valid, and if the buildingClosed As defined in the North Carolina Building Code, as amended, or the North Carolina Residential Code for One and Two-Family Dwellings, as amended, as applicable. is completed within two years of initial issuance of the permit. Completion of buildings or improvements for which permits were not issued, but that are subject to site plansClosed An accurately scaled development plan that shows existing conditions on a site as well as depicting details of proposed development. or preliminary platsClosed A map indicating the proposed layout of a development and related information that is submitted for preliminary review. that were approved prior to the Ordinance amendment, shall be governed by the provisions regarding continuous validity of site plansClosed An accurately scaled development plan that shows existing conditions on a site as well as depicting details of proposed development. and preliminary platsClosed A map indicating the proposed layout of a development and related information that is submitted for preliminary review. found elsewhere in this Ordinance.