Loading...
5.4.1 Definition. A nonconforming structure is any aspect of a development, other than a nonconforming lot, nonconforming use, or nonconforming sign that was lawfully established in accordance with zoning regulations in effect at the time of its establishment but that no longer complies with one or more standards of this ordinance.
5.4.2 Continuation. Nonconforming structures may remain, subject to the standards of this ordinance.
5.4.3 Enlargement or modification.
A. A nonconforming structure may be modified or altered provided such alterations do not increase the degree of nonconformity.
B. Any enlargement of a nonconforming structure shall conform to the dimensional requirements of the zoning district unless a variance is granted by the Town Council.
C. A nonconforming structure may not be moved or relocated unless it is made to comply with the dimensional requirements of the district in which it is relocated.
5.4.4 Damage or destruction.
A. Where a nonconforming structure is destroyed or damaged by fire, flood, wind, or other act(s) of God, the structure may be repaired or restored to its original dimensions and footprint, provided a building permit for the repair or restoration is issued within 12 months of the date of the damage.
B. Nonconforming transmission towers existing as of the effective date of this ordinance may be replaced if damaged by natural causes.
(Ord. passed 2-3-2021)
5.5.1. Definition. A NONCONFORMING SIGN is a sign that was legally established subject to a lawfully issued permit in compliance with the applicable laws and ordinances in effect on the date of construction, but by reason of its size, height, location, design, or construction is no longer in compliance with the requirements of Article 11, (Signs) and has a valid nonconforming use certificate. Nonconforming sign structures shall be included in this definition.
5.5.2 Permits required. A nonconforming use certificate shall be required for all nonconforming signs. A separate certificate shall be required for each nonconforming sign or sign structure.
5.5.3 Continuation of nonconforming signs. Nonconforming signs may remain in use, subject to the regulations of this Article and all other applicable requirements of the town code. Nonconforming signs must be maintained in good repair, and must comply with all other requirements of this ordinance.
A. Nonconforming signs and sign structures may not be structurally altered, enlarged or extended, or have additional lighting added, except that copy may be changed on an existing sign.
B. Nonconforming signs and sign structures may not be moved on the site or relocated to another site.
5.5.4 Loss of nonconforming sign status and removal.
A. Discontinuance.
1. A nonconforming sign that is removed may only be replaced with a conforming sign.
2. A nonconforming sign shall lose nonconforming status if the business activity on the premises is discontinued for a continuous period of 90 days or more, and must be removed.
3. Sign removal shall include the entire sign and any or all supports.
B. Any nonconforming sign or sign structure which has been damaged by any cause shall lose nonconforming status if the damage to the sign or sign structure exceeds 25% of its replacement value and it must be removed.
C. Outdoor advertising structures whose use is discontinued or abandoned for a continuous period of 180 days, then the use shall not be re-established or resumed and any subsequent use of the land or structure shall conform to the requirements of this ordinance except as preempted by G.S. § 160D-912 or G.S. Chapter 136 Article 11.
D. Change of conditions. A nonconforming sign must be brought into compliance. If additions or expansions of buildings, parking or removed if any or all of the following occurs:
1. If additions or expansions of buildings, parking areas, or uses of open land occur which are greater than 3,000 square feet;
2. If any change in the existing use of the property occurs; or
3. If an application for a sign permit is made to add new or additional signage to a property containing a nonconforming sign. Signs not meeting ordinance requirements for which no nonconforming use certificate has been issued shall lose their nonconforming status.
5.5.5 Additional requirements for nonconforming accessory uses and structures. No nonconforming accessory use or accessory structure shall continue after the principal use of structure is terminated by abandonment, discontinuance, damage, or destruction unless such accessory use or accessory structure thereafter is made to conform to the standards for the zoning district in which it is located.
(Ord. passed 2-3-2021; Ord. 2023-01, passed 1-4-2023)
This Article sets forth the procedures by which the town seeks correction of violations of this ordinance. It also sets forth the remedies and penalties the town may apply where necessary to ensure correction of violations. The provisions of this Article are intended to encourage the voluntary correction of violations, and also when necessary, to assure that violations are quickly and effectively deterred and remedied.
(Ord. passed 2-3-2021)
The UDO Administrator may initiate the process to revoke any permit or other authorization granted under this ordinance for failure to comply with any provision of this ordinance or with a term or condition of the permit or authorization, or for a false statement or misrepresentation made in securing the permit or authorization, or if the permit or authorization was mistakenly granted in violation of applicable state, county, or town law. Such revocation shall be in accordance with the process as was used in granting the initial approval, including any applicable notice and required hearing.
(Ord. passed 2-3-2021)
Any failure to comply with a requirement, prohibition, or limitation imposed under the provisions of this ordinance, or with a term or condition of any permit or other authorization granted pursuant to the ordinance shall constitute a violation of this ordinance.
(Ord. passed 2-3-2021)
One or more of the following persons may be held responsible for a violation of this ordinance and be subject to the remedies and penalties provided in this Article:
6.4.1 An architect, engineer, builder, contractor, agent, or any other person who participates in, assists, directs, creates, or maintains a situation that constitutes a violation of this ordinance.
6.4.2 An owner of the property on which a violation of this ordinance occurs, or any tenant or occupant of that property who has control over, or responsibility for, its use or development.
(Ord. passed 2-3-2021)
Loading...