Wake Forest Unified Development Ordinance - July 2022

Nonconformities 13.2 General Provisions


13.2. General Provisions

13.2.1. Appeals and Modifications A.

The Board of Adjustment shall hear and decide appeals from any land owner (i) to make a change in use of a nonconforming use to a different, less-intense nonconforming use; (ii) to make a change in location of a nonconforming use of land to another location on the same property; or (iii) allow the replacement of a nonconforming use. B. The Board of Adjustment may only grant a change for a nonconforming use or replacement of a nonconforming structure which has been destroyed after having first held an evidentiary public hearing and having determined that: 1. Said change will be more suitable and appropriate for the lot(s) on which it is located than the existing situation; and, 2. The proposed change will have a less harmful effect than the existing situation on the properties surrounding the lot(s) in question; and, 3. The decision to grant the change will be in harmony with the general purpose and intent of this ordinance and will not be injurious to the neighborhood or otherwise be detrimental to the public welfare. C. The Board of Adjustment, in granting such changes, may prescribe appropriate conditions and safeguards in conformity with this ordinance. Violation of such conditions and safeguards when made a part of the terms upon which the change was granted, shall be deemed a violation of this ordinance and shall be subject to enforcement provisions a prescribed per Chapter 16, Violations and Penalties.

13.2.2. Discontinuance

A nonconforming use shall be presumed discontinued when any of the following has occurred: A. The owner has indicated intent, in writing to the Administrator, to abandon the use. B. A conforming use has replaced the original nonconforming use. C. The building or structure housing the nonconforming use has been removed. D. The owner has physically changed the building or structure or its permanent equipment in such a way as to indicate clearly a change in use or activity to something other than the nonconforming use. E. The property, structure or use has been vacant or completely inactive for 365 days.

13.3. Nonconforming Plans

13.3.1. Approved Plans A.

Previously Approved Legal Nonconforming Plans: Any plan (including but not limited to master plans, preliminary plats, final plats, conditional district plans, special use permit plans) for the development of property and/or construction of a building which has received final approval by the Town of Wake Forest for development and/or construction, but does not conform to this ordinance, may be developed and/or constructed in accordance with the rules and regulations, including any conditions imposed upon approval, that were in place prior to the effective date of this ordinance. Any plan approved prior to the adoption of this ordinance, but which conforms to its provisions, shall be administered, interpreted, amended, and implemented in accordance with the provisions of this ordinance. B. May Choose New Ordinance: A property owner with an approved site specific plan as identified above may elect to develop such property and/or construct such building in

Town of Wake Forest Unified Development Ordinance – July 19, 2022


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