Land Development Ordinance - Amended 11-19-2024

B. Exception . The provisions of this subsection shall not apply to the Downtown Center-1 (DC-1) or the Downtown Center-2 (DC-2) Zoning Districts. See §9-2002 Downtown Building Requirements, bb. (1)

§9-1503 NONCONFORMING BUILDINGS & STRUCTURES

A nonconforming building/structure devoted to a use permitted in the zoning district in which it is located at the time of its construction, may continue in accordance with the provisions in this Article.

a. Enlargement or Expansion

(1) Provision for Enlargement or Expansion . A nonresidential nonconforming structure shall not be enlarged or expanded in area occupied unless otherwise permitted in a. (2) below. A residential nonconforming structure may enlarge or expand in part or whole so long as there is no increase to the nonconformity. (2) Nonconforming Structures Resulting from the Adoption of Ordinance . Structures with setbacks which were made nonconforming by the adoption of the Land Development Ordinance are exempt from the standards of Article G Lot & Structure Provisions, provided that: A. Addition or Alteration . The proposed addition or alteration will either meet the current setback requirements or will not further encroach into any required setback of the existing structure, provided that such encroachment meets the North Carolina State Building Code regulations and does not exceed the height of the existing structure. B. Nonresidential Additions . Additions to nonresidential nonconforming structures shall not encroach into the required setback where the encroachment is adjacent to a residential structure, use or zoning district.

C. Nonconforming Structure Housing Nonconforming Use . Nonconforming structures housing nonconforming uses shall not be enlarged or expanded in any form or shape.

b. Damage & Restoration of Nonconforming Building & Structures

No nonconforming structure which has been damaged by any means to an extent exceeding a percentage of its then reproducible value equal to 100% minus two percent (2%) per year for age of the structure, or 60%, whichever is greater, shall comply with the use standards of the Land Development Ordinance, within the zoning district it is located, when it is reconstructed. Any nonconforming structure that is damaged by any means to a lesser extent may continue if it is

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