Sec. 14.2. Nonconforming Uses

A nonconforming use may be continued (though for some uses the period of time within which the use may be continued may be limited). If a nonconforming use or activity is governed elsewhere in this Ordinance, such as in Sec. 5.3, Limited Use Standards, the stricter of those provisions or the provisions below shall apply where there is a conflict in provisions. Otherwise, all applicable restrictions shall apply. The provisions below shall not be interpreted to change any amortization period or buffering requirement applicable elsewhere in this Ordinance to specifically identified nonconforming uses.

14.2.1. Limitations on Nonconforming Uses

Except as specified in paragraph 14.2.2, Changes to Nonconforming Uses (City Only), nonconforming uses shall be subject to the following restrictions, in addition to restrictions that may be imposed by other provisions of this ordinance or by conditions within a special use permit or other approved plan or permit:

A. Floor area Area of enclosed (i.e. roofed and walled) built space, excluding any unfinished area used exclusively for storage or mechanical elements. shall not be enlarged, except for improvements that allow existing buildings to meet local health, sanitary, or safety code requirements or that are necessary to ensure safe living or occupancy conditions;

B. Residential density The number of dwelling units per gross acre, excluding accessory residences or dwelling units, or any other exclusion within this Ordinance. shall not be increased;

C. Lot coverage shall not be increased;

D. The nonconforming use shall not expand in degree, frequency, intensity, or impact of the activity;

E. The nonconforming use shall not be relocated to another portion of a lot, except as allowed in the City pursuant to provisions authorizing the issuance of special use permits for certain nonconforming uses, described below; and,

F. The nonconforming use shall not be changed to a different nonconforming use, except as allowed in the City pursuant to provisions authorizing the issuance of special use permits for certain nonconforming uses, described below.

14.2.2. Changes to Nonconforming Uses (City Only)

A. A single-family A residential use consisting of one dwelling unit per lot of record. As described in Sec. 7.1, Housing Types, includes: single-family detached house; zero lot line house; traditional house; or attached house. Not to include manufactured housing. residential nonconforming use can be expanded one time during its existence through enlargement of the floor area Area of enclosed (i.e. roofed and walled) built space, excluding any unfinished area used exclusively for storage or mechanical elements. of the building 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. associated with the nonconforming use by a maximum of 10% or 500 square feet, whichever is greater, and an associated increase in lot coverage, provided that such expansion complies with all development Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. standards of the established zoning district in which the nonconforming use is located at the time of expansion.

B. Nonconforming uses located on a boulevard Major streets with a median and two or more lanes that are identified and further described on the adopted Comprehensive Transportation Plan, as amended. or major/minor thoroughfare may be changed to a different nonconforming use, or range of uses, or relocated on the same site, upon issuance of a minor special use permit pursuant to Sec. 3.9, Special Use Permit. The Board of Adjustment may limit the time period for which such a use permit is valid, if it determines such limitation is necessary or in the public interest. In order to issue such a permit, in addition to consideration of all criteria generally applicable to special uses, the Board of Adjustment shall find that:

1. The proposed new nonconforming use, if a new nonconforming use is proposed, is more compatible with the development Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. pattern of the surrounding area than the previous nonconforming use; and

2. Mitigation measures included as specific conditions in the permit, if necessary, are adequate to provide protection for nearby properties; and,

3. The proposed use, range of uses, or relocation of uses reduces the impacts on the surrounding area in comparison with the established nonconformity. In making this determination, the Board of Adjustment may consider factors such as:

a. Whether the proposed new nonconforming use is considered less intense than the previous nonconforming use considering the uses permitted in each zoning district and the hierarchy of zoning districts established in paragraph 4.1.1, Establishment of Districts, with the districts listed in order from least intense to most intense;

b. Whether the proposed new nonconforming use can be expected to generate less traffic, particularly peak hour traffic, than the previous nonconforming use; and,

c. Whether the proposed new use can be expected to result in a decrease in parking demand from the previous nonconforming use.

14.2.3. Abandonment

A nonconforming use can be changed at any time to a use that conforms to a use allowed by the zoning district. A nonconforming use shall not be re-established if it is:

A. Converted to a conforming use;

B. A use that utilizes a structure 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. and is abandoned for a period of at least six consecutive months, as evidenced by termination of utilities, declaration of inhabitability, or other action that the Planning Director or designee deems an indication of abandonment;

C. A use that is conducted outside of a structure 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. and is abandoned for a period of at least 30 days as evidenced by removal of equipment or other action that the Planning Director or designee deems an indication of abandonment; or,

D. In the City, changed to a different non-conforming use through the issuance of a minor special use permit.

14.2.4. Damage/Destruction

A. A nonconforming use other than a single-family A residential use consisting of one dwelling unit per lot of record. As described in Sec. 7.1, Housing Types, includes: single-family detached house; zero lot line house; traditional house; or attached house. Not to include manufactured housing. use that is contained in a structure 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 is damaged or partially destroyed can be reestablished if the damage is less than 50% of the appraised tax value, a completed building permit A permit issued by the Inspections Department in conformance with the State Building Code. is issued within 12 months of damage or partial destruction, and construction is completed within 12 months of issuance of the permit.

B. A single-family A residential use consisting of one dwelling unit per lot of record. As described in Sec. 7.1, Housing Types, includes: single-family detached house; zero lot line house; traditional house; or attached house. Not to include manufactured housing. nonconforming use can be reestablished in any event.

C. No new structure 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. may be constructed to be used as an accessory structure 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. to a nonconforming use.

D. In Design Districts, a nonconforming use that is contained in a structure 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 is damaged or destroyed can be reestablished by right if a completed building permit A permit issued by the Inspections Department in conformance with the State Building Code. is issued within 12 months of damage or destruction, and construction is completed within 12 months of issuance of the permit.

14.2.5. Home Occupations

Nonconforming home occupations Any occupation conducted by the inhabitants of the dwelling, which is secondary to the main use as a dwelling, and causes no change in the exterior of the dwelling. for which receipt of a home occupation Any occupation conducted by the inhabitants of the dwelling, which is secondary to the main use as a dwelling, and causes no change in the exterior of the dwelling. permit prior to adoption of this Ordinance that can be documented can continue only for as long as the holder of the original permit resides on the property and operates the use.

14.2.6. Use Exemptions

A. Single-family A residential use consisting of one dwelling unit per lot of record. As described in Sec. 7.1, Housing Types, includes: single-family detached house; zero lot line house; traditional house; or attached house. Not to include manufactured housing. uses that were existing as of January 1, 2006, shall be exempt from the limitations of this section.

B. Educational facility uses that were existing as of January 1, 2024, shall be exempt from the limitations of this section.

C. Existing educational facility uses which were approved through the special use permit process, pursuant to Sec. 3.9, Special Use Permit, shall allow expansions of no more than 20% to be approved administratively. Any expansion must still adhere to any conditions imposed by the associated Special Use The purpose for which a building, structure, or area of land may be arranged or occupied or the activity conducted or proposed in a building, structure, or on an area of land. Permit.