Sec. 14.4. Nonconforming Improvements and Structures

This section shall govern expansion and improvements to nonconforming buildings; expansion and improvements to improvements that are not buildings; and 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., improvements, and reconstruction on developmentClosed 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. projects governed by site plansClosed An accurately scaled development plan that shows existing conditions on a site as well as depicting details of proposed development. or platsClosed A map, chart or plan of a tract or parcel of land which is to be or which has been, subdivided. that are completed but which do not meet the requirements of this Ordinance.

14.4.1. Nonconforming Buildings or Structures

A. Special Flood Hazard Areas or Future Conditions Flood Hazard Areas

1. Reconstruction of buildings, including single-familyClosed 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. homes, that are located in Special Flood Hazard Areas or Future Conditions FloodClosed The flood having a one (1) percent chance of being equaled or exceeded in any given year based on future conditions hydrology. Hazard Areas, shall not be permitted if the 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. has experienced substantial damageClosed Damage of any origin sustained by a structure during any one year period whereby the cost of restoring the structure to its before damaged condition would equal or exceed 50% of the market value of the structure before the damage occurred. or 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..

2. Any construction or developmentClosed 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. in such areas shall be subject to Sec. 8.4, Floodplain and Flood Damage Protection Standards, in addition to the requirements of this section.

B. General

1. No enlargement or reconstruction shall have the effect of increasing the degree or extent of a nonconforming feature.

a. Additions that are proposed between the minimum yardClosed A space on the same lot with a building or group of buildings, which space lies between the building or group of buildings and the nearest lot line. requirement and the existing building lineClosed The primary edge of a building closest to the street, side, and rear property lines, and extending from the physical edge of the building., or are consistent with the existing height, shall not be considered to increase the degree or extent of the nonconformity.

b. An addition shall be considered to increase the nonconformity if it extends further into required yardsClosed A space on the same lot with a building or group of buildings, which space lies between the building or group of buildings and the nearest lot line. than the existing encroachmentClosed When used in reference to Sec. 8.4, Floodplain and Flood Damage Protection Standards, the advance or infringement of uses, fill, excavation, buildings, permanent structures or development into a floodplain, which may impede or alter the flow capacity of a floodplain..

2. No enlargement or reconstruction shall create new nonconformities or encroachmentsClosed When used in reference to Sec. 8.4, Floodplain and Flood Damage Protection Standards, the advance or infringement of uses, fill, excavation, buildings, permanent structures or development into a floodplain, which may impede or alter the flow capacity of a floodplain., unless a varianceClosed A grant of relief to a person from the requirements of this Ordinance which permits construction or use in a manner otherwise prohibited by this Ordinance where specific enforcement would result in unnecessary hardship. is approved pursuant to Sec. 3.14, VarianceClosed A grant of relief to a person from the requirements of this Ordinance which permits construction or use in a manner otherwise prohibited by this Ordinance where specific enforcement would result in unnecessary hardship..

C. Approval

Additions or improvements to, or reconstruction of, nonconforming buildings and structures shall require approval of a minor special use permit pursuant to Sec. 3.9, Special Use Permit, unless exempted as follows:

1. Improvements, or additions of any size, that:

a. Comply with all current ordinance requirements; or

b. Bring the 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. into greater conformity with current ordinance requirements.

2. Projects that allow existing buildings to meet local health, sanitary, or safety code requirements or that are necessary to ensure safe living or occupancy conditions;

3. Projects that require a certificate of appropriateness pursuant to Sec. 3.17, Certificate of Appropriateness;

4. Additions, with a maximum increase in square footage of 100%, that are proposed between the minimum yardClosed A space on the same lot with a building or group of buildings, which space lies between the building or group of buildings and the nearest lot line. requirement and the existing 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. encroachmentClosed When used in reference to Sec. 8.4, Floodplain and Flood Damage Protection Standards, the advance or infringement of uses, fill, excavation, buildings, permanent structures or development into a floodplain, which may impede or alter the flow capacity of a floodplain. line;

5. Reconstruction of the nonconforming 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 is within the original 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. footprint. Proposed additional square footage shall meet the parameters of paragraphs c or d above, as applicable, to be exempt from the requirement of a minor special use permit;

6. Reconstruction or enlargement of, or improvements to a nonconforming 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 is part of a housing program initiated by or supervised by the City, County, or an entity created by the City, County, or State of North Carolina, as long as the degree or extent of the nonconforming feature is not increased.

D. Time-Period Limitations for Reconstruction of Nonconforming Structures

1. Single-familyClosed 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. or duplex structures, and associated accessory structures, can be re-built within the original 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. footprints as long as a certificate of complianceClosed A statement, signed by an administrative officer, setting forth that a building, structure, or use complies with this Ordinance and Building Codes and that the same may be used for the purposes stated on the permit. for the new 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. is issued within 36 months of the date of demolition or destruction of the original 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.. Otherwise, current ordinance requirements shall be met. The Planning Director can issue an extension for up to 12 months, as long as documentation is provided that demonstrates due diligence has been made to re-build the 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..

2. MultifamilyClosed A residential use consisting of at least three dwelling units. As described in Sec. 7.1, Housing Types, includes: townhouse; detached rowhouse; multiplex; or apartment. and non-residential structures can be re-built within the original footprints as long as a certificate of complianceClosed A statement, signed by an administrative officer, setting forth that a building, structure, or use complies with this Ordinance and Building Codes and that the same may be used for the purposes stated on the permit. for the new 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 issued within 36 months of the date of destruction or demolition. Otherwise, current ordinance requirements shall be met.

14.4.2. Improvements to Nonconforming Land Improvements that are not Structures

Additions or changes to nonconforming land improvements such as parking lotsClosed An area of land where vehicles are kept on a daily, overnight, or temporary basis; not to include the storage of wrecked or abandoned vehicles, vehicle parts, or the repair of vehicles., ponds, or other constructed features on land shall not be made unless the addition or improvement brings the land improvement or the developmentClosed 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. of which it is a part into greater conformity with this Ordinance. Where an improvement of this type is being made in association with enlargement of a nonconforming 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., the application shall be considered under paragraph 14.4.1, Nonconforming Buildings or Structures, above.

14.4.3. Construction on, Redevelopment of, and other Improvements to Nonconforming Development Projects

DevelopmentClosed 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. projects, such as those approved in accordance with a site planClosed An accurately scaled development plan that shows existing conditions on a site as well as depicting details of proposed development. or preliminary platClosed A map indicating the proposed layout of a development and related information that is submitted for preliminary review., may no longer conform to Ordinance requirements in all areas, such as impervious area, stormwaterClosed The flow of water which results from precipitation and which occurs immediately following rainfall or snowmelt. improvements, flood elevations, location of constructed areas, vegetated areas, or buffers. Such projects shall be considered nonconforming projects. Additions to, enlargement of, redevelopment of, or other construction on such projects shall be subject to the following provisions:

A. If the construction affects discrete portions of the developmentClosed 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. project those portions can be considered without regard to compliance of the entire project with the Ordinance. In such case, current Ordinance requirements shall be applied to the improvements for which approval is requested to the maximum degree reasonable in light of the fact that the developmentClosed 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. project as a whole does not comply with current requirements; and

B. Redevelopment of a developmentClosed 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. project, defined as construction that exceeds 50% of the appraised tax value of the project, shall be subject to all current Ordinance requirements.

14.4.4. Variance

Enlargement, reconstruction, or improvements to nonconformities that do not meet the provisions listed above may seek a varianceClosed A grant of relief to a person from the requirements of this Ordinance which permits construction or use in a manner otherwise prohibited by this Ordinance where specific enforcement would result in unnecessary hardship. from current Ordinance requirements under the VarianceClosed A grant of relief to a person from the requirements of this Ordinance which permits construction or use in a manner otherwise prohibited by this Ordinance where specific enforcement would result in unnecessary hardship. provisions of this Ordinance.