Wake Forest Unified Development Ordinance - July 2022

Nonconformities 13.4 Nonconforming Lots


accordance with the terms and provisions of this ordinance in lieu of the rules and regulations upon which the plan was approved. The Administrator shall notify the property owner in writing of any additional required procedures or modifications which may be necessary in order for the plan to conform to the ordinance. C. Amendments or Modifications of Previously Approved Plans: Any amendment or modification to an approved site specific plan, which would have required approval pursuant to the ordinance, the rule or regulation by which the plan was originally approved, shall be reviewed and considered in accordance with the terms and provisions of this ordinance as if it were an amendment or modification to a plan originally approved under this ordinance.

13.3.2. Vested Rights

This section does not prohibit the exercise of any vested right established by common law ordinance or statute.

13.4. Nonconforming Lots

13.4.1. Definition and Applicability

A nonconforming lot is a lot of record that does not meet the dimensional requirements of Chapter 2 for the land development district in which it is located. A nonconforming vacant lot of record is one that was recorded by plat or description in the Office of the Register of Deeds of Wake County prior to the adoption of this chapter or prior to the time that the lot was brought into the town's jurisdiction. This definition shall not be interpreted to include recorded lots that were in violation of any prior subdivision regulations of the Town of Wake Forest and which will remain in violation. Lot May Be Developed: Except as provided in Sections 13.4.2.B and 13.4.2.C below, a nonconforming vacant lot may be developed for any of the uses permitted by these regulations in the district in which it is located, provided that any use and/or structure meets all applicable yard and setback requirements for the district in which the lot is located. A variance shall not be required for substandard lot width or lot size for such lots of record. B. Lots to Be Combined, If Possible: A nonconforming vacant lot shall not be developed if it can be combined with an adjoining lot owned by the same person on or after the effective date of these regulations in order to create a single conforming or substantially conforming lot. For the purposes of this section, “adjoining” shall be deemed to mean the sharing of one or more common lot lines and access to both lots can be provided by the same street without crossing that street. All other minimum requirements for the particular land development district and proposed use must be met or a variance obtained from these requirements through an action of the Board of Adjustment. This shall include meeting the requirements for additional lot size for increased densities of residential development (duplexes, multi-family dwellings, etc.). C. Exceptions for Previously Approved Plats: A nonconforming lot may be developed if, at the effective date of this ordinance, the lot is located in (i) a subdivision that had received preliminary plat approval; or (ii) a subdivision that had received final plat approval. D. Existing Structures on Non-Conforming Lots: Any structure on a nonconforming occupied lot may be occupied, without expansion, by a conforming use or may be improved or expanded in accordance with the standards listed in this section. Structural alterations or remodeling of structures on nonconforming lots required by an authorized public official shall be permitted. Routine maintenance shall also be

13.4.2. Standards A.

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


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