For the purpose of this subchapter, unless otherwise specifically provided, or unless otherwise clearly required by the context, the words and phrases defined in this subchapter shall have the meaning herein set forth when used in this subchapter. If a word or phrase used in this subchapter is not defined by G.S. Ch. 160D or elsewhere in this chapter, to the extent such word or phrase is defined in G.S. Ch. 160D, that definition shall control.
DIMENSIONAL NON-CONFORMITY. A non-conforming situation that occurs when the height, size or minimum floorspace of a structure or the relationship between an existing building or buildings and other buildings or lot lines does not conform to the regulations applicable to the district in which the property is located.
EFFECTIVE DATE OF THIS CHAPTER. Whenever this subchapter refers to the EFFECTIVE DATE OF THIS CHAPTER, the reference shall be deemed to include the effective date of any amendments to this chapter if the amendment, rather than this chapter as originally adopted, creates a non-conforming situation.
EXPENDITURE. A sum of money paid out in return for some benefit or to fulfill some obligation. The term also includes binding contractual commitments to make future expenditures, as well as any other substantial changes in position.
NON-CONFORMING LOT. A lot existing at the effective date of this chapter that does not meet the minimum area and dimensional requirements of the district in which the lot is located.
NON-CONFORMING PROJECT. Any structure, development or undertaking that is incomplete at the effective date of this chapter and would be inconsistent with any regulation applicable to the district in which it is located if completed as proposed or planned.
NON-CONFORMING SITUATION. A situation that occurs when, on the effective date of this chapter, an existing lot or structure or use of an existing lot or structure does not conform to one or more of the regulations applicable to the district in which the lot or structure is located. Among other possibilities, a NON-CONFORMING SITUATION may arise because a lot does not meet minimum square footage requirements, because structures exceed maximum height limitations, because the relationship between existing buildings and the land (in such matters as density and setback requirements) is not in conformity with this chapter, or because land or buildings are used for purposes not permitted by this chapter. Non- conforming signs shall not be regarded as non-conforming situations for purposes of this subchapter, but shall be governed by the provisions of § 153.038.
NON-CONFORMING USE. A non-conforming situation that occurs when property is used for a purpose or in a manner made unlawful by the use regulations applicable to the district in which the property is located. The term also refers to the activity that constitutes the use made of the property.
(Ord. passed 4-9-2013; Ord. 2021-03, passed 6-8-2021)