Any parcel of land, use of land, building or structure existing at the time of the adoption of this chapter, or any amendment thereto, that does not conform to the use or dimensional requirements of the district in which it is located, may be continued and maintained subject to the following provisions.
(A) Nonconforming vacant lots. This category of nonconformance consists of vacant lots for which plats or deeds have been recorded in the Register of Deeds office of Watauga or Avery County, which at the time of the adoption of this chapter fail to comply with the minimum area or width requirements of the districts in which they are located. Any such nonconforming lot may be used for any of the uses permitted in the district in which it is located provided that:
(1) Where the lot area is not more than 20% below the minimum specified in this chapter, and other dimensional requirements are otherwise complied with, the Zoning Administrator is authorized to issue a Certificate of Zoning Compliance; and
(2) Where the lot area is more than 20% below the minimum specified in this chapter or other dimensional requirements cannot be met, the Board of Adjustment is authorized to approve as a variance such dimensions as shall conform as closely as possible to the required dimensions.
(B) Nonconforming occupied lots. This category of nonconformance consists of lots, occupied by buildings or structures at the time of the adoption of this chapter, that fail to comply with the minimum requirements for area, width, yard and setbacks for the district in which they are located. These lots may continue to be used.
(C) Nonconforming open uses of land. This category of nonconformance consists of lots used for storage yards, used car lots, auto wrecking, junkyards, and similar open spaces where the only buildings on the lot are incidental and accessory to the open use of the lot and where such use of the land is not permitted to be established hereafter, under this chapter, in the district in which it is located. A legally established nonconforming open use of land may be continued except as follows.
(1) When a nonconforming open use of land has been changed to a conforming use, it shall not thereafter revert to any nonconforming use.
(2) Nonconforming open use of land shall be changed only to conforming uses.
(3) A nonconforming open use of land shall not be enlarged to cover more land than was occupied by that use when it became nonconforming.
(4) When any nonconforming open use of land is discontinued for a period in excess of 180 days, any future use of the land shall be limited to those uses permitted in the district in which the land is located. Vacancy and/or non-use of the land, regardless of the intent of the owner or tenant, shall constitute discontinuance under this provision.
(D) Nonconforming uses of structures. This category of nonconformance consists of buildings or structures used at the time of enactment of this chapter for purposes of use not permitted in the district in which they are located. Such uses may be continued as follows:
(1) An existing nonconforming use may be changed to another nonconforming use of a higher classification, provided that the other conditions in this section are complied with. For the purpose of this chapter, the rank order of uses from higher to lower shall be: 1) residential, 2) private-public service, and 3) commercial service.
(2) When a nonconforming use has been changed to a conforming use, it shall not thereafter revert to any nonconforming use.
(3) A nonconforming use may not be extended, enlarged, or altered except as follows:
(a) Structural alterations as required by law or ordinance to secure the safety of the use of a structure are permissible.
(b) Maintenance and repair necessary to keep a nonconforming use of a structure in sound condition are permissible.
(c) Expansion of a nonconforming use of a building or structure into portions of the structure which, at the time the use became nonconforming, were already erected and arranged or designed for such nonconforming use is permissible.
(d) Nonconforming parking facilities must be brought into compliance with § 154.132.
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(4) When any nonconforming use of a building or structure is discontinued for a period in excess of 180 days, the building or structure shall not thereafter be used except in conformance with the regulations of the district in which it is located.
(E) Reconstruction of damaged buildings or structures. Any nonconforming use, which has been damaged by fire, wind, flood or other causes, may be repaired and used as before provided:
(1) Minimum parking requirements of § 154.132 are met.
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(2) The total amount of space devoted to nonconforming use may not be increased.
(3) Reconstructed buildings may not be more nonconforming with respect to dimensional restrictions.
(4) Within the WS-II and WS-II-C districts, the total amount of space devoted to built-upon area may not be increased unless storm water control that equals or exceeds the previous development is provided.
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(F) Alteration of nonconforming structures. This category of nonconformance consists of buildings or structures existing at the time of the adoption of this chapter that fail to comply with the minimum requirements for building height or setbacks for the district in which they are located. These structures may continue to be used, but may not be extended, enlarged or altered except as follows:
(1) Enlargement or extension of a legal, nonconforming structure (i.e. house additions, deck additions, etc.) is permissible if such enlargement or extension occurs in portions of the lot or tract that meet all required setbacks, provided that the maximum depth of penetration of the setback violation shall be added to the setback on the opposite side. All applicable zoning requirements must be met by this new construction.
(2) Structural alterations as required by law or ordinance to secure the safety of the structure are permissible.
(3) Maintenance and repair necessary to keep a nonconforming structure in sound condition are permissible.
(4) Nonconforming parking facilities must be brought into compliance with § 154.132.1
(1989 Code, Title V, Ch. 51, Art. XI, § 1101) (Ord. passed 7-13-1993; Ord. passed 12-14-1999; Ord. passed 9-20-2011; Ord. 2021-03, passed 6-8-2021)
Editor's note:
1 Division (D)(3)(d) added by amendment July 13, 1993.
2 Amended July 13, 1993.
3 Division (E)(4) added by amendment December 14, 1999