8.03.1 DEFINITION AND APPLICABILITY
A nonconforming lot is a lot of record existing on the effective date of this ordinance or any amendment to it that does not meet the dimensional requirements of Article II for the zoning district in which the lot is located. A nonconforming vacant lot of record is one that was recorded by plat or description in the Harnett County Register of Deeds prior to the adoption of this ordinance or prior to the time that the lot was brought into the town's jurisdiction. This definition shall not be interpreted to include recorded lots that were in violation of any prior zoning or subdivision regulations of the town and which will remain in violation.
8.03.2 STANDARDS
A. Adjoining Lots
When two or more adjoining lots of record with continuous frontage, where no more than one is developed, are in one ownership at any time after the adoption of this ordinance, and such lots individually or together are less than the minimum square footage and/or have less than the minimum width required in the zoning district in which they are located, then such lot(s) shall be combined to create lots which meet the minimum size requirements or which minimize the degree of nonconformity.
B. Lots Not Meeting Minimum Lot Size
1. Except as set forth in Section 8.03.2.A. above, in any zoning district in which single-family dwellings are permitted, and regardless of whether or not a vested right has been established, any lot of record existing at the time of the adoption of these regulations which has dimensions which are less than required by these regulations may be used as a building site for a single-family dwelling with related accessory buildings, provided that the lot area and width are not less than 80% of the requirements in the district.
2. If the lot is smaller or narrower, a variance may be requested of the Board of Adjustment, but in no case shall the Board reduce the requirements by more than 40%. If a lot of record existing at the time of adoption of this ordinance in a zoning district other than residential, has dimensions which are less than required by these regulations, a variance may be requested from the Board of Adjustment, but in no case shall the Board reduce the requirements by more than 30%.
C. Exceptions for Previously Approved Plats
A nonconforming lot may be developed if, at the effective date of this ordinance, the lot is located in a subdivision that had received preliminary plat approval or a subdivision that had received final plat approval.
D. Existing Structures on Non-Conforming Lots
1. Any structure on a nonconforming occupied lot may be occupied, without expansion, by a conforming use or may be improved or expanded in accordance with the standards listed in this section. Structural alterations or remodeling of structures on nonconforming lots required by an authorized public official shall be permitted. Routine maintenance shall also be permitted so long as no expansion of the nonconformity occurs as a result of the maintenance.
2. Any improvement or expansion of any structure on a nonconforming occupied lot must comply with all other minimum requirements of this ordinance or a variance must be obtained from these requirements through an action of the Board of Adjustment.
(Ord. passed 2-14-2017)