(a) Purpose. It is recognized that, over time, lawful nonconformities may develop as a result of amendments to the zoning map or unified development ordinance which change the application of city development regulations to particular properties. It is important that such properties, while nonconforming, be adequately maintained and permitted to continue, but not expanded or enlarged in any fashion that increases the extent of nonconformity. Where possible, such nonconformities should be made, wholly or incrementally, conforming.
(b) Application. The provisions of this section apply only to lawful nonconformities, except as noted below. Nonconformities other than lawful nonconformities shall be considered violations of the unified development ordinance. This article shall not apply, however, to any feature which is the subject of a variance from particular regulations that has been granted by an authorized reviewing board or commission or to applications of flexible development standards to such features. Where a variance or flexible development determination has been granted for a feature which does not otherwise conform to the requirements of this chapter, that feature shall be deemed conforming. Nonconformities associated with signs are addressed in section 7-13-8 of this chapter.
(c) Definitions. As used in this section, the following terms have the meaning ascribed to them below:
(1) Appraised value means the value assigned to a structure by the Buncombe County Tax Assessor or by an MAI-certified real estate appraiser.
(2) Dimensional nonconformity means any lawful nonconformity involving a dimensional or numerical development requirement except those involving signs or landscaping and buffering which are addressed in article XIII and section 7-11-3, respectively. Dimensional nonconformities may include, without limitation, nonconformities associated with lot size, lot width, lot depth, lot coverage setbacks, impervious surface standards, open space, number of parking spaces, or separation requirements between particular uses or zoning districts, and structure size and placement standards including height, gross floor area, footprint area, number of stories, build-to zone, fenestration, step-back and building frontage.
(3) Impact means the effect of one land use upon another as measured by traffic or noise generation, site activity, hours of operation, site lighting, vibration, smoke or odor emissions, or similar factors.
(4) Lawful nonconformity means any nonconformity involving a dimensional or numerical requirement or use of property that affects a structure erected or a lot created in conformity with the then-applicable development requirements of the city, but subsequently made nonconforming by action of the city through a zoning map or unified development code amendment. For non-construction related purposes such as but not limited to, financing, appraisals, or zoning verification, a lawful nonconformity shall be regarded as conforming.
(5) Nonconforming use means a nonconformity involving the use of the property when that use was lawfully established. This may include, without limitation, nonconformities associated with a use not permitted in the zoning district in which it is located, a use specially allowed in the zoning district in which it is located but for which no special use permit has been obtained, or residential density that exceeds the maximum permitted in the zoning district in which it is located.
(6) Renovation means the repairing or remodeling of a structure in which the exterior walls, foundation and roof are maintained structurally intact.
(d) Expansions. A lawful nonconformity shall not be extended, expanded, enlarged or increased in any manner that would increase either the degree of the dimensional nonconformity, or the extent or intensity of the lawfully established nonconforming use. Such prohibited activity shall include, without being limited to:
(1) A physical addition to, or expansion of, a structure that creates a new, or increases the extent of an existing, dimensional nonconformity;
(2) An extension or transference of a nonconforming use into new construction including separate buildings, building additions, or expansions;
(3) An extension of the use within an existing structure to any floor area not occupied by the use at the time that it became nonconforming;
(4) An expansion to any outdoor areas used in direct support of a nonconforming use beyond the limits existing at the time that the use became nonconforming.
(Ord. No. 3478, § 1, 5-22-07; Ord. No. 4855, §§ 1(i), (j), 2-23-21; Ord. No. 4404, § 1g, 9-28-21; Ord. No. 5057, § 1n, 1-23-24)