1. Public Safety
   Repairs required for public safety because of unsafe conditions or by either the Housing Code or North Carolina State Building Code may be made in any amount unless the repairs are caused by a casualty, in which case the provisions of Sec. 10.3.2.G. or Sec. 10.3.3.G. shall apply in lieu of this provision.
2. Reservation of Authority
   Notwithstanding the policies and provisions of this Article with respect to nonconformities, the City expressly reserves its authority to initiate criminal and civil proceedings against unlawful uses, buildings, structures and lots, including those which unlawfully existed here before and to control or abate noxious uses, to require the repair or demolition of unsafe buildings or structures or to control or eliminate public health nuisances through the exercise of any powers authorized by the City Code and the North Carolina General Statutes.
3.  Right-of-Way and Easement Acquisition
   Public acquisition of rights of way and easements for government initiated projects shall not render a property, including any existing improvements or site elements nonconforming such that their replacement alteration, expansion would be regulated by Art. 10.3. (By way of example, should the public acquisition result in a structure being located closer to a public right-of-way than permitted by the applicable building setback, the review of any development permit application for the replacement, alteration and/or expansion shall impose a setback equal to the new distance of the structure from the expanded right-of-way.) Existing site elements shall include landscaping, tree conservation, forestation, open space, protective yards and those site elements listed in Sec.10.3.4., located on the property at the time of right-of-way or easement acquisition by the government

1. Authority to Continue
   1. Subject to the provisions of this Article or any amortization provision, any lawfully existing nonconforming use may continue in operation on the same land area and on the same floor area of the structure that was occupied by the nonconforming use on the date the use first became a nonconforming use. The continuation of a nonconforming use shall not be constructed to permit an increase in the number of dwelling units or a reduction of land area to the number of dwelling units.
   2. Subject to the provisions of this Article or any amortization provision, any lawfully existing nonconforming structure may continue to occupy the same land area within the existing configuration and size of the structure which existed on the date the structure first became a nonconforming structure.
2. Ordinary Repair and Maintenance
   Normal maintenance and incidental repair or replacement, installation or relocation of non-bearing walls or non-bearing partitions, adding facilities to improve handicapped accessibility, painting, energy conservation, fencing and landscaping, wiring or plumbing, may be performed on any structure that is devoted in whole or in part to a nonconforming use; provided, however, that this paragraph shall not be deemed to authorize any violation of Sec. 10.3.2.C. through Sec. 10.3.2.G. Expenditures in any amount may be to either bring the nonconformity into full compliance with this UDO or to amortize the nonconformity.
3. Extensions
   A nonconforming use shall not be extended, expanded, enlarged or increased in intensity, unless a special use permit is issued by the Board of Adjustment for such extension or expansion. Such prohibited activity shall include, without being limited to:
   1. Extension of the use to any structure or land area other than that occupied by the nonconforming use on September 1, 2013, or any amendment to this UDO that causes a use of the property to become otherwise nonconforming.
   2. Extension of the use within a building or other structure to any portion of the floor area that was not occupied by the nonconforming use on September 1, 2013, or when an amendment to this UDO causes the use to become otherwise nonconforming.
   3. Operation of the nonconforming use in such a manner as to conflict with this UDO, or to further conflict with this UDO, if already conflicting as of September 1, 2013, or any amendments to this UDO is applied to the property, any use limitations established for the district in which the use is located.
   4. New construction, reconstruction or structural alteration except those described as ordinary repair and maintenance in Sec. 10.3.2.B. above.
   5. Extensions of the use to any new construction, enlargement or additions other than that occupied by the nonconforming use on September 1, 2013, or any amendment to this UDO that causes a use of the property to become otherwise nonconforming.
4. Relocation
   1. No structure that is devoted in whole or in part to a nonconforming use shall be relocated in whole or in part to any other location on the same or any other tract or lot unless the entire structure and the use of the structure shall
      conform to all the regulations of the district to which the structure and use are relocated.
   2. No nonconforming use of land shall be relocated in whole or in part to any other location on the same or any other lot unless such use conforms to all the regulations of the district to which the use of land is relocated.
5. Change in Use
   A nonconforming use of land or of a structure shall not be changed to any use other than a use permitted in the zoning district in which the land or structure is located. When a nonconforming use has been changed to a permitted use, it
   shall only be used thereafter for a use permitted in the zoning district in which it is located. For purposes of this paragraph, a use shall be deemed to have been changed when an existing nonconforming use has been terminated and the permitted use has commenced and continued for a period of 7 days.
6. Abandonment or Discontinuance
   1. When a nonconforming use of land or a nonconforming use of part or all of a structure is discontinued, vacated or abandoned for a period of 365 consecutive days or more, the use shall not be reestablished or resumed.
   2. Operation of any nonconforming use without a license or permit required of the owner or operator, for 365 consecutive days, shall constitute a termination of the nonconforming use.
   3. Following the abandonment or discontinuation of a nonconforming use, any subsequent use or occupancy of land or structure shall comply with the regulations of the zoning district in which the land or structure is located.
7. Damage or Destruction
   1. In the event that a conforming structure that is devoted in whole or in part to a nonconforming use is damaged or destroyed, by any means, to the extent of more than 50% of the replacement cost of the structure immediately prior to such damage, such structure shall not be restored unless the structure and the use will conform to all regulations of the district in which the structure and use are located or unless a special use permit is issued by the Board of Adjustment for such restoration.
   2. In the event that a conforming structure that is devoted in whole or in part to a nonconforming use is damaged or partially destroyed, by exercise of eminent domain riot, fire, accident explosion, flood, lightning, wind or other
      calamity or natural cause to the extent of 50% or less of the replacement cost of the structure immediately prior to such damage, such structure may be repaired and reconstructed and used for the same purposes and degree as it was before the damage or destruction, provided that such repair or reconstruction is commenced with a valid building permit within 12 months of the date of such damage or destruction.
   3. If a nonconforming use is located within an Airport Overlay District, the following shall apply:
      1. No renovation, maintenance or repair shall be made if the damage or destruction is more than 80% of its replacement cost immediately prior to such damage, unless the nonconformity is brought into  compliance with this UDO; or
      2. A special use permit is issued by the Board of Adjustment for such restoration and the restoration does  not create a greater hazard to navigation than the previously existing nonconformity.
   4. Replacement cost shall be determined by either:
      1. The median value based Square Foot Costs established by the most recent edition of Building Construction Cost Data published by R.S. Means; or 
      2. The most recent tax value for building as reported in the county tax office where the property is located. The property owner shall decide which of the 2 methods for determining replacement cost is to be used.
   5. The percent of damage shall be calculated by using the selected replacement value of the entire structure as the denominator and by using the selected replacement value of the damaged portion of the structure as the numerator. The same method used to determine replacement value for the denominator must be used.

1. Applicability
   This section applies to all nonconforming principal structures and not to nonconforming accessory buildings, accessory structures, fences, signs, off-street parking, vehicular surface areas, private access points and outdoor lighting (see Sec. 10.3.4.).
2. Authority to Continue
   Subject to the provisions of this Article or any amortization provision, any lawfully existing nonconforming structure may continue to occupy the same land area within the existing configuration and size of the structure which existed on the date the structure first became a nonconforming so long as it remains otherwise lawful.
3. Ordinary Repair and Maintenance
   1. Normal maintenance and incidental repair or replacement, installation or relocation of non-bearing walls or non-bearing partitions, adding facilities to improve handicapped accessibility, energy conservation, painting, fencing and landscaping, wiring or plumbing, may be performed on any nonconforming structure; provided, however, that this paragraph shall not be deemed to authorize any violation of Sec. 10.3.3.C. through Sec. 10.3.3.F. Expenditures in any amount may be to either bring the nonconformity into full compliance with this UDO or to amortize the nonconformity.
   2. Repairs maintenance and renovations to nonconforming residential buildings (detached house, attached house, townhouse and apartment) used exclusively for household living as set forth in Sec. 6.2.1. may be made in any
      amount and for any purpose except as restricted by Sec. 10.3.3.D. or Sec. 10.3.3.G.1. below.
4. Enlargement
   Any nonconforming structure used for a conforming use may be enlarged or altered in any amount; provided, however, that no enlargement, maintenance, repair or alteration shall either create an additional nonconformity or increase the degree of the existing nonconformity of all or any part of such structure, and the enlargement or alteration complies with all requirements and regulations of this UDO.
5. Relocation
   No nonconforming structure shall be relocated in whole or in part to any other location on the same or any other lot unless the entire structure conforms to the regulations of the district to which such structure is relocated.
6. Voluntary Demolition
   Nothing shall be deemed to permit the reconstruction of any part of a nonconforming structure or building that has been voluntarily demolished except in full conformity with the provisions of the UDO.
7. Damage or Destruction
   1. In the event that a nonconforming structure that is devoted in whole or in part to a conforming use is damaged or partially destroyed, by exercise of eminent domain, riot, fire, accident, explosion, flood, lightning, wind or other calamity or natural cause to the extent of more than 50% of the replacement cost of the structure immediately prior to such damage, such structure shall not be restored unless the structure and the use will conform to all regulations of the district in which the structure and use are located or unless a special use permit is issued by the Board of Adjustment for such restoration.
   2. In the event that a nonconforming structure that is devoted in whole or in part to a conforming use is damaged or destroyed, by any means other than voluntary demolition, to the extent of 50% or less the replacement cost of the structure immediately prior to such damage, such structure may be repaired and reconstructed and used for the same purposes and degree as it was before the damage or destruction, provided that such repair or reconstruction is commenced with a valid building permit within 12 months of the date of such damage or destruction.
   3. If the nonconforming structure is located within an Airport Overlay District, the following shall apply:
      1. No renovation, maintenance or repair shall be made if the damage or destruction is more than 80% of its replacement cost immediately prior to such damage, unless the nonconformity is brought into compliance with this UDO; or 
      2. A special use permit is issued by the Board of Adjustment for such restoration and the restoration does not create a greater hazard to navigation than the previously existing nonconformity.
   4. Replacement cost shall be determined by either:
      1. The most recent edition of Building Construction Cost Data published by R.S. Means; or
      2. The most recent tax value for building as reported in the county tax office where the property is located.  The property owner shall decide which of the 2 methods for determining replacement cost is to be used.
   5. The percentage of damage shall be calculated by using the selected replacement value of the entire structure as the denominator and by using the selected replacement value of the damaged portion of the structure as the numerator. The same method used to determine replacement value for the denominator must be used.
   6. Nothing in this paragraph shall prevent the rebuilding, reconstruction or restoration of the same structure because such structure fails to conform to the standards of a Neighborhood Conservation Overlay District.
8. Replacement of Manufactured Homes
   Replacement of nonconforming manufactured homes that fail to meet the minimum standards of the National Manufactured Home Construction and Safety Standards shall be permitted, provided that all of the following are met:
   1. The replacement manufactured home meets the current minimum required standards as prescribed by the United States Department of Housing and Urban Development (HUD).
   2. The newly installed manufactured home, if located in a special flood hazard area, complies with the provisions of Article 9.3. Special Flood Hazard Area Regulations.
   3. That the period of time between the time the nonconforming manufactured home is removed and the time it is replaced with a standard manufactured home is less than 365 days.
   4. The number of manufactured homes is not increased.
   5. The floor area gross of the new manufactured home does not exceed the floor area gross of the manufactured home it replaced by more than 25%.

Subject to the provisions contained in this section and all other applicable provisions of this UDO, one or more of the following activities and improvements can be made to nonconforming accessory buildings, accessory structures, outdoor lighting, fences, walls, signs, off-street parking, vehicular surface areas and private access points. Improvements and activities that are not explicitly authorized by in this section are not allowed. The following allowed activities and improvements can be initiated without the issuance of a special use permit by the Board of Adjustment.

1. Renovation, Ordinary Maintenance and Repair
   1. The cost of renovation and ordinary maintenance and repair to any nonconforming accessory building, accessory structure, fence, walls, vehicular surface area, private access point and outdoor lighting shall not during any 1 calendar year exceeds 15% of the tax value of the zoning nonconforming site element in the county where the property is located, or the original cost of the nonconforming site element if there is no listed tax value.
   2. The limitation on expenditures established here does not apply to Sec. 10.3.4.B. through Sec. 10.3.4.G. below.
   3. Ordinary maintenance and repair shall be limited to work necessary to maintain and correct any damage, other than caused by casualty, or deterioration to the structural soundness or features of an accessory building, accessory structure, fence, vehicular surface area, private access point or outdoor lighting.
   4. For damage to any nonconformity that is caused by any casualty, the provisions of Sec. 10.3.4.B. below apply in lieu of this provision.
   5. The regulations for ordinary maintenance and repair of nonconforming signs are set forth in Sec. 7.3.17.
2. Casualties
   The rebuilding, reconstruction or restoring of any nonconforming accessory building, accessory structure, fence, walls, vehicular surface area, private access point and outdoor lighting which was damaged or partially destroyed by a casualty, which includes the exercise of eminent domain, riot, fire, accident, explosion, lightning, flood, wind or other calamity or natural act, is allowed provided all of the following conditions are met: 
   1. The cost of rebuilding, reconstructing and restoring the nonconforming site element is less than 50% of either its listed property tax value of the nonconforming site element in the county where the property is located or, if there is no listed property tax value, the original cost of the nonconforming site element.
   2. The nature and degree of the nonconformity is not expanded, extended or increased from that which existed prior to the damage or destruction, nor is it altered or changed except as otherwise allowed as a renovation in Sec. 10.3.4.A. above.
      1. Reconstruction and repair is commenced with a valid building permit within 12 months of the date of such damage or destruction.
      2. If the cost of the rebuilding, reconstruction or restoration will be 50% or more of either the listed property tax value of the nonconforming site element in the county where the property is located or if there is no listed property tax value the original cost of the nonconforming site element, the nonconforming accessory building, accessory structure, fence, vehicular surface area, private access point or outdoor lighting shall not be rebuilt, reconstructed or restored except in compliance with this UDO.
3. Expansions
   Additions to the number of off-street parking spaces and expansions to vehicular surface areas shall be governed by Article 7.1. Parking. In addition, expansions to vehicular surface areas to serve any zoning nonconforming use shall in addition to these standards be subject to all the requirements of Sec. 10.3.6.A.3.
4. Resumptions
   Any nonconforming site element which is discontinued, unused or unoccupied for a continuous period of 365 days or more may not be restarted, resumed or reoccupied. Unless the owner has been compensated for the total loss of the nonconforming site element, and notwithstanding anything contained herein this UDO to the contrary, including the foregoing, where such discontinuance is due to a government funded and initiated project, nonconforming site elements may be reinstalled, or replaced, like-for-like, subject to the safety standards of this UDO pertaining to site triangles, pedestrian safety and flood prevention, provided the site element reinstallation or replacement occurs within 180 days of project completion. 
5. Substitution of Impervious Surfaces 
   Substitution of impervious surfaces for 1 use, facility, building or structure, vehicular surface area or access point to another provided all of the following are met:
   1. The amount and extent of impervious surfaces is not increased.
   2. The placement of those new impervious surfaces conforms to the requirements of this UDO.
   3. The impervious surface is for a lawful activity.
6. Zoning Nonconformities Brought Into Compliance
   Expenditures to bring any nonconforming accessory building, accessory structure, fence, wall, sign, off-street parking, vehicular surface areas, private access point or outdoor lighting into full compliance with the City Code are allowed in any amount. The owner may secure any permit or approval and make any alteration that will bring the zoning nonconformity into full compliance.
7. Amortizing a Nonconformity
   Expenditures required by this UDO to remove a nonconforming site element or bring it into conformity with the UDO are permitted in any amount.

1. Authority to use For Single-Unit Living or Two-Unit Living
   In any district in which a single-unit living detached house or two-unit living attached house is allowed as a permitted use, notwithstanding the regulations imposed by any other provisions of this UDO, a single-unit living detached house, or tiny house, or two-unit living attached house or tiny house which complies with the restrictions of Sec. 10.3.5.B. below may be erected on a nonconforming lot that:
   1. Has less than the prescribed minimum lot area, depth, or width; and
   2. Is shown by a recorded plan or deed to have been a lot of record owned separately and individually from adjoining tracts of land at a time when the creation of a lot or tract of such area, width, and depth at such location would not have been prohibited by any building type requirement, zoning or other ordinance.
2. Regulations for Single- Unit Living or Two-Unit Living Use of Nonconforming Lots
   A nonconforming lot authorized to be used pursuant to Sec. 10.3.5.A. above may be used for a single-unit living detached house or tiny house, or two-unit living attached house or tiny house and permitted accessory uses and structures. Construction of the single-unit living detached house or tiny house, or two-unit living attached house or tiny house shall comply with all the regulations, except lot area, depth, or width, applicable to the detached, tiny or attached house in the district in which the lot is located, unless a variance is granted pursuant to Sec. 10.2.10. 

1. Special Use Permit Required
   All special use permits authorized in this section shall be processed, noticed and heard in accordance with Sec. 10.2.9. After the issuance of a special use permit by the Board of Adjustment in accordance with Sec. 10.3.6.B., one or more of the
   following activities can be made to a zoning nonconformity.

   1. Repair and maintenance work not authorized by either Sec. 10.3.2.B. or Sec. 10.3.3.C.

   2. Fixing and replacing damage and destruction authorized by Sec. 10.3.2.G.1. and Sec. 10.3.2.G.3. and by Sec. 10.3.3.G.1. and Sec. 10.3.3.G.3.b.

   3. The expansion, extension or alteration of a nonconforming use or vehicular surfaces serving a nonconforming use (including nonconforming principal use parking facilities) when all of the following are met:

      1. ​​​​The expansion, extension or alteration complies with all requirements of this UDO including but not limited to: height, bulk, setback, off-street parking, impervious surface coverage and access.

      2. The expansion, of a nonconforming use does not, singularly or collectively, exceed 25% of the total gross area occupied by the original nonconforming use. If the original nonconforming use occupied a portion of a building and that building has not been enlarged since the establishment of the nonconformity, that original nonconforming use may be extended beyond 25% within the interior portions of the building.

   4. The change of an existing nonconforming use to another nonconforming use provided that all of the following are met:

      1. The use will have no greater adverse effect on the surrounding property in terms of automobile or truck traffic, on-street parking, noise, stormwater, vibration and hours of nighttime operation than the existing use.

      2. Any change to a limited use or special use complies with applicable requirements of Chapter 6. Use Regulations.

      3. The proposed substitute nonconforming use is allowed in the zoning district of the highest classification in which the existing nonconforming use would be a conforming use. The determination of the classification of the use shall be based on Planning Director.

      4. Once a nonconforming use is changed to a higher classification, it may not thereafter be changed to a nonconforming use of a lower classification, including a change back to the original nonconforming use.

      5. The substitution of a nonconforming impervious surface for another, the replacement of a substandard nonconforming manufactured home and the change of use of a nonconforming use to a conforming use may all be done without a special use permit from the Board of Adjustment if the applicable provisions of Sec. 10.3.4.E., Sec 10.3.3.H., Sec. 10.3.3.C.1. and Sec. 10.3.2.B. are met.

   5. The relocation onto its same premise of either a nonconformity or a nonconforming private access point, is allowed; provided the relocation reduces the extent of the nonconformity and more closely conforms to the standards contained in this UDO.

   6. The enlargement or alteration of any nonconforming structure used for a conforming use that creates an additional nonconformity or increases the degree of the existing nonconformity is allowed provided the enlargement or alteration of all or any part of such structure, does not exceed, singularly or collectively, 25% of the floor area gross of the original nonconforming structure, and the enlargement or alteration complies with all other requirements and regulations of this UDO.

2. ​​​​​​​Showings for Granting Special Use Permit for Nonconformities

   1. ​​​​​​​Before a request for the special use permit is granted, the Board of Adjustment must show that all of the following are met:

      1. ​​​​​​​The applicable standards of this section have been met;

      2. All of the showings of Sec. 10.2.9.E. have been met; and

      3. The requested repair, reconstruction, expansion, change of use to a different nonconforming use or relocation will not be injurious to property or improvements in the affected area.

   2. ​​​​​​​In acting upon a petition for a special use permit, the Board cannot order the discontinuance or termination of the nonconformity.

   3. If a special use petition is denied, the continuation of the nonconformity and the activities allowed in Sec. 10.3.2. and Sec. 10.3.3. without a special use permit is still allowed unless otherwise prohibited by law. This policy is adopted to encourage the owners of nonconformities to apply for special use permits to improve and bring into conformance to the extent possible their property