b. Nonconforming Use of Land Not Involving a Building or Structure
A nonconforming use of land not involving a building or structure shall not be expanded or extended beyond the area it occupies at the time it became nonconforming.
§9-1505 NONCONFORMING LOT OF RECORD
a. Nonconforming Lot Frontage
Where a lot or parcel of land has a frontage which does not conform to the minimum frontage regulations of the Land Development Ordinance, but was a legally recorded lot of record on the effective date of the Land Development Ordinance, December, 30, 2016, such lot or parcel of land may be developed for a single-family home in a residential zoning district, or a single structure in a nonresidential district provided it complies with the regulations in existence at the time of its approval, and under the terms and conditions of its approval.
b. Nonconforming Lot Area
Where a lot or parcel of land has an area which does not conform to the minimum lot area regulations of the Land Development Ordinance, but was a legally recorded lot of record by the Wake County Register of Deeds Office prior to the effective date of the Land Development Ordinance (December 30, 2016), such lot or parcel of land may be developed for a single-family home in a residential zoning district, or a single structure in a nonresidential district provided that it complies with the required setbacks in existence at the time of the development of such lot, and provided further that: (1) Noncompliance of Setback Standard . Where a single-family lot is unable to conform to the setback standards of the district in which it is located the side setback may be reduced to not less than five (5) feet; and the rear setback may be reduced to not less than 10 feet regardless of the applicable setback of the zoning district in which it is located. Such reduction shall be approved by the Planning Director or his/her designee subsequent to review by the Planning Director and the Town Fire Marshal. (2) Noncompliance of Front Setback Standard . The front setback for a single-family lot(s) that cannot conform to the setback standards of the district in which it is located shall be required to meet the front setback standard at the time of its approval or make application to the Board of Adjustment for a variance in accordance with Article Q Procedures & Administration.
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