Nonconformities 13.5 Nonconforming Uses & Structures
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permitted so long as no expansion of the nonconformity occurs as a result of the maintenance. E. Expansion of Structures: Any improvement or expansion of any structure on a nonconforming occupied lot must comply with all other minimum requirements of this ordinance or a variance must be 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.).
13.5. Nonconforming Uses & Structures
13.5.1. Definition and Applicability A.
Nonconforming Use: A nonconforming use is a use which was once a permitted use on a parcel of land or within a structure, or which precedes any ordinances, but which is now not a permitted use of that parcel according to Chapter 2 of this ordinance. This definition includes open uses of land (e.g., storage yards and golf driving ranges) as well as the structures that contain nonconforming uses. The nonconformity may result from the adoption of this ordinance or any subsequent amendment. B. Nonconforming Structure: A nonconforming structure does not conform to dimensional, design, locational, or other requirements of this ordinance. The nonconformity may result from adoption of this ordinance or any subsequent amendment. Continuation: Any legally established nonconforming use may be continued subject to the standards listed in this section. However, once a nonconforming use is made conforming, it may not later be used for any nonconforming use or expanded in violation of this ordinance. B. 13.5.2. Standards For Nonconforming Uses A. Extension of Use: Any non-conforming structure or non-conforming use of land or structure, shall not hereafter be enlarged or extended in any way which serves to increase the nature of non-conformity, except where the non-conforming use is a residential structure used exclusively for dwelling purposes, said structure is a permitted use and the proposed addition shall conform to all zoning requirements; and the total area of the addition shall be limited to 25% percent of the area of the original non-conforming structure; and shall be used solely for residential purposes. C. Discontinuance of 1 Year: A nonconforming use of a structure that is discontinued for a continuous period of more than one year may not be reestablished. All subsequent uses of the structure and site must be in conformance with the particular regulations for the land development district in which the property is located. Continuation: Any legally established nonconforming use or structure may be continued subject to the standards listed in this section. However, once a nonconforming use or structure is made conforming, it may not later be used for any nonconforming use or expanded in violation of this ordinance. Should any non- conforming structure or use of land or structure be moved for any reason for any distance, whatever, it shall hereafter conform to the regulations for the district in which it is relocated. B. 13.5.3. Standards For Nonconforming Structures A. Repairs and Modernization: Repairs and modernization of any nonconforming structure are permitted provided that such repairs or modernization shall in no way serve to augment the nature of non-conformity. Nothing in this ordinance shall be construed so as to prevent the strengthening or restoring to a safe condition any
Town of Wake Forest Unified Development Ordinance – July 19, 2022
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