(a) Lawfully established nonconforming lots. Lawfully established nonconforming lots having one or more dimensional nonconformities may be used for any permitted or special use allowed in the zoning district in which the lot is located provided that any structure or expansion/addition to an existing structure proposed for the use meets all applicable dimensional and numerical requirements and all applicable procedures are followed. Such lots may be recombined with adjoining lots to increase the extent of their conformity provided new nonconformities are not created. A lot that that is only nonconforming due to the fact that it does not comply with access standards can be developed with one single-family residence and typical residential accessory structures if some form of legal access is provided the property.
(b) Structures. Structures having one or more dimensional nonconformities may be used for any permitted or special use allowed in the zoning district in which the structure is located, and, upon any change in use, shall comply with the requirements of article XI of this chapter. Such structures may be expanded or enlarged provided the extent of the applicable nonconformity is not increased or new nonconformities are not created. Expansions, enlargements, or reconstruction of such structures exceeding 50 percent of the pre- expansion floor area, shall require such structures to meet all applicable dimensional and numerical requirements, except density, which may be retained at the prior nonconforming level but not increased. For the purpose of this section, the value of any expansion, enlargement, or reconstruction of such structures over a three-year period shall be used when calculating the 75 percent threshold. A structure undergoing renovation, as defined in section 7-17-1 above, shall not be subject to the above provisions and shall only be required to meet the provisions of article XI if the renovation cost exceeds 75 percent of the structure's appraised value as determined by Buncombe County Tax Assessor or by an MAI- certified real estate appraiser.
(c) Overcoming presumption of discontinuation of use. A presumption that a nonconforming use of structure has ceased, based solely on the length of time the structure has remained vacant or inactive, may be rebutted if the structure has not been vacant for more than two years. Such a presumption may be overcome, upon demonstrating that substantial good faith efforts have been made to re-establish the use during this period. Obtaining permits to maintain the existing use or providing documentation that shows continuous marketing of the property for sale or lease for the existing use (e.g. MLS listing, realtor contract, etc.) shall be regarded as substantial good faith efforts.
(Ord. No. 3478, § 1, 5-22-07; Ord. No. 3791, §§ 1h, i, 9-22-09; Ord. No. 5057, § 1o, 1-23-24)