aa. Conversion of Existing Residential Structure to another Use
The conversion of an existing residential structure to a nonresidential use shall not constitute bringing the entire structure into compliance with this Appendix, except where any modifications to the building either due to North Carolina Building Code requirements or by choice of the owner, in total, are in excess of 50% of the current assessed building value as determined by the Wake County Revenue Department.
bb. Exemption of Nonconforming Uses
The following provisions shall apply to uses existing as of August 2012, the adoption of the Downtown Center-1 (DC-1) and Downtown Center-2 (DC-2) Zoning Districts, and that are rendered nonconforming by the establishment of these zoning districts as follows: (1) Discontinued Use . Nonconforming uses that are discontinued shall not be continued and shall not be changed to any use other than a permitted use or one allowed by special use permit under the Downtown Center-1 (DC-1) and Downtown Center-2 (DC-2) Zoning Districts. If a nonconforming use is changed to a permitted use or allowed by special use permit, then all future uses of the site shall conform to the requirements of the zoning districts.
(2) Factors in Determining if a Use is Discontinued. A nonconforming use will be determined to be “discontinued” as set forth below:
A. Tenant Occupied Properties . For properties that are occupied by a tenant, the surrendering of a property by a tenant carrying on a nonconforming use to a landlord following the termination of an underlying lease agreement in existence as of the adoption of the ordinance. This provision shall not be construed to (i) prevent extensions or modifications of existing tenant leases, (ii) prohibit the merger and/or acquisition of an existing tenant, or (iii) prevent the corporate name change of an existing tenant. B. Owner Occupied Properties . For properties that are operated by the property owner, the permanent closing of a business carrying on a nonconforming use as evidenced by any of the following:
i. The voluntary dissolution of the business with the North Carolina Secretary of State;
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