Loading...
7.2.2.   Nonconforming Lot Width or Area
   A.   Lots with Contiguous Frontage in One Ownership. When two or more adjoining lots with contiguous frontage are under common ownership and one or more of the lots are nonconforming in terms of width or area, such lots shall be combined to create one or more lots, each of which conforms to the applicable dimensional requirements of the district prior to the commencement of development.
   B.   Single Lot of Record in a Residential District. When a lot in a residential zoning district has an area or width which does not conform to the dimensional requirements of the district where it is located, but was lawfully established on or before January 1, 2020, then a single-family detached dwelling may be built on the lot, subject to compliance with setback standards.
   C.   Single Lot of Record in a Nonresidential District. When a lot in a nonresidential district has an area or width which does not conform to the dimensional requirements of the district where it is located, but was lawfully established on or before January 1, 2020, then development on the lot may be permitted, subject to compliance with all required dimensional and development standards, and all other applicable development and design standards.
(Ord. 2020-36, passed 12-2-2019)
7.2.3.   Nonconformity Affects Required Setbacks
In cases where the size or shape of a nonconforming lot inhibits the ability of a use to comply with required setbacks, an applicant may apply to reduce the setback requirements the minimum amount necessary in accordance with the standards and requirements in Section 2.2.1, Administrative Adjustment.
(Ord. 2020-36, passed 12-2-2019)
7.2.4.   Expansion or Enlargement
The boundaries, shape, or size of a nonconforming lot may be modified through a lot line adjustment, boundary adjustment, recombination, or consolidation, provided it reduces the extent of the nonconformity.
(Ord. 2020-36, passed 12-2-2019)
7.2.5.   Governmental Acquisition of Land
Conforming lots subject to governmental acquisition of a portion of the lot for a public purpose that results in the lot becoming nonconforming because it no longer complies with lot area, width, or depth standards of the district shall be deemed conforming provided the development complies with the following:
   A.   Complies with Use Table. The development proposed complies with the requirements in Table 4.2.3, Principal Use Table; and
   B.   Complies with Dimensional Standards. With the exception of the lot area requirements for the district where located, the development proposed shall comply with all other dimensional standards and other requirements of the district where located.
(Ord. 2020-36, passed 12-2-2019)
7.3.   NONCONFORMING SIGNS
7.3.1.   General
A sign that was legally in existence on before January 1, 2020, and was constructed in accordance 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 the Ordinance, shall be deemed a nonconforming sign subject to the standards in this section.
(Ord. 2020-36, passed 12-2-2019)
7.3.2.   Prohibited Actions
The following actions associated with a nonconforming sign shall be prohibited:
   A.   Enlargement or Alteration. Structural alteration, enlargement, or extension of a nonconforming sign or sign structure shall not be permitted, however, nothing shall limit the ability to modernize a billboard in accordance with Section 136.131.2 of the North Carolina General Statutes.
   B.   Relocation. Relocation of a nonconforming sign upon the premises, unless the relocation meets the requirements of this Ordinance, however, nothing shall limit the ability to modernize a billboard in accordance with Section 136.131.2 of the North Carolina General Statutes.
(Ord. 2020-36, passed 12-2-2019)
Loading...