(A) Continuance of nonconforming use of land. Any nonconforming use legally existing at the time of adoption or amendment of the UDO may be continued so long as it remains otherwise lawful subject to conditions provided in this section.
(B) Conditions for continuance. The nonconforming use of land shall be subject to the following conditions:
(1) Nonconforming uses shall not be changed to another nonconforming use unless such use is determined to be of equal or less intensity. In determining whether a nonconforming use is of equal or less intensity, the Board of Adjustment shall consider:
(a) Probable traffic of each use;
(b) Parking requirements of each use;
(c) Probable number of persons on the premises of each use at a time of peak demand; and
(d) Off-site impacts of each use, such as noise, glare, dust, vibration or smoke and other impacts on surrounding properties or the public health or safety.
(2) The number of dwelling units in a nonconforming residential use shall not be increased.
(3) Nonconforming uses shall not be moved in whole or in part to any portion of the lot or parcel other than that occupied by the use at the effective date of adoption or amendment of the UDO.
(4) If any nonconforming use of land ceases for any reason for a continuous period of more than 180 days, any subsequent use of the land shall be a permitted use in the district in which the land is located. Recontinuance of any nonconforming use must be with the clear intent of being continuous and permanent.
(5) The resumption of a nonconforming use of land shall not be permitted if the nonconforming use is superseded by a permitted use for any period of time.
(6) No additional structure(s) not conforming to the requirements of the UDO shall be erected in connection with the nonconforming use of land.
(C) Amortization of existing minor structures and junk materials.
(1) Where nonconforming uses of land involve minor structures (not including signs), or stored junk materials such as storage yards, junk yards or salvage yards, the minor structures and stored junk materials existing as of the effective date of the UDO shall be removed according to the following schedule (Table 161-1):
(2) Prior to the time for removal indicated in division (C)(1) above, the structure or material may remain in place subject to the following requirements:
(a) The material or structure shall not be enlarged, expanded, moved or relocated.
(b) The material or structure shall not be allowed to remain after the activity, business or use to which it relates has been discontinued.
(c) If the material or structure is damaged in such a manner that the estimated expense of repairs exceeds 50% of its replacement value, the material or structure shall not be allowed to remain or be repaired, and must be removed.
(3) Upon failure to comply with the requirements of divisions (C)(1) and (2) above, the Zoning Administrator shall cause the removal of any nonconforming minor structures or junk materials as hereafter provided:
(a) The Zoning Administrator shall give the owner of the nonconforming structure or material notice of the violation by certified mail with return receipt requested. Notice to the owner or the occupant of the premises on which the structure or material is located shall be sufficient. These notices shall contain a brief statement of the particulars in which this section is violated and the manner in which such violation is to be remedied.
(b) Failure to correct the violation within 30 days of received written notice of violation shall subject the offender to a civil penalty under § 162.05.
(c) In addition to the above penalties, the city may apply to a court of justice for a mandatory or prohibitory injunction and order of abatement directing the owner, occupant or permittee to correct the violation in accordance with G.S. § 160D-404.
(Ord. passed 7-25-2011; Ord. 21-O-04, passed 6-28-2021)