Nonconformities 13.1 Purpose and Applicability
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13. Nonconformities
13.1. Purpose and Applicability The purpose of this section is to regulate and limit the continued existence of uses and structures established prior to the effective date of this ordinance (or any subsequent amendment) that do not conform to this ordinance. Any nonconformity created by a change in the classification of property or the text of these regulations shall also be regulated by the provisions of this section. The provisions of this chapter are intended to limit substantial investment in nonconformities and to bring about their eventual elimination and/or lessen their impact upon surrounding conforming uses in order to preserve the integrity of the area in which a nonconformity is located. 13.1.1. Applicability Matrix The following table summarizes the primary requirements that shall be met when there are changes to existing development and/or to nonconforming structures or uses. A ✓ indicates that compliance with all applicable standards is required.
Existing Development
Change of Use (From One Use Type to Another Use Type)
✓ (a)
✓
✓
✓
✓
✓
✓
✓
Parking Area Expansion
Less than 12 spaces or <40% of Paved Area
✓ (a)
✓ (a)
Expansion of > 40% of Paved Area or 12 spaces or more
✓
✓
✓
✓
✓
✓
✓
Building Expansion/Reconstruction
✓
✓ (a,b)
✓ (a)
✓ (a)
< 50% of Existing Floor Area
✓
✓
✓
✓
✓
✓
✓
✓ (a,b)
✓ (c)
> 50% of Existing Floor Area
(a) For modified or expanded/reconstructed portion only
(b) Exception: Maximum front setbacks should be met to the extent practical as determined by the Administrator.
(c) For expansions, reconstruction areas and all other walls facing public streets
Town of Wake Forest Unified Development Ordinance – July 19, 2022
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