Morrisville Unified Development Ordinance - April 2019

Article 9: Nonconformities Section 9.3. Nonconforming Uses 9.2.3. Governmental Acquisition of a Portion of Lot

B. A nonconforming vacant lot shall not be developed if it can be combined with an adjoining lot (whether conforming or nonconforming) under the same ownership on or after the effective date of this Ordinance to create a single lot. If the combination results in the creation of a single lot that is more than one and one-half (1½) times the minimum lot width or area required in the zoning district, the single lot may be divided into two lots of equal width and area without being further classified as nonconforming. 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. (Any combination or division of lots required or allowed by this subsection shall occur in accordance with Section 2.5.6, Subdivision Approvals.) If a conforming lot is made nonconforming due to governmental acquisition of a portion of the lot for a public purpose that results in the lot no longer complying with applicable lot area or lot width standards, the lot shall be deemed a conforming lot on receipt of a Site Plan or Building Permit demonstrating that the development existing or proposed on the lot: A. Complies with the use table in Section 4.2.4, Principal Use Table; B. Complies with the dimensional standards of this Ordinance to the maximum extent practicable; C. Complies with the off-street parking and landscaping standards of this Ordinance to the maximum extent practicable; D. Complies with all other standards and requirements of this Ordinance; and E. Is designed and configured in a way that is compatible with surrounding development. 9.2.3. Governmental Acquisition of a Portion of Lot

SECTION 9.3. NONCONFORMING USES

Definition

9.3.1.

A nonconforming use is a use of land, buildings, and/or structures that was lawfully established before the effective date of this Ordinance, or a subsequent amendment thereto, but does not comply with the use standards applied by this Ordinance or the subsequent amendment.

Regulations

9.3.2.

Nonconforming uses may be continued subject to the following limitations:

A. No nonconforming use shall be extended, expanded, enlarged, or moved to occupy a different or greater area of land, buildings, or structures than was occupied by such use at the time it became nonconforming, provided that a nonconforming use may be extended throughout any parts of a building that were specifically designed and arranged for such use at the time it became nonconforming. B. No building or structure devoted to a nonconforming use shall be enlarged, extended, or moved unless such building or structure is thereafter devoted to a conforming use. C. If a nonconforming use ceases for more than 90 consecutive days or a total of 180 days in any 12- month period, subsequent use of land or structures previously devoted to such use shall not be used for any nonconforming uses and shall thereafter be devoted to conforming uses only. D. If a structure (whether conforming or nonconforming) containing a nonconforming use is damaged to an extent less than 50 percent of its assessed value, the structure may be reconstructed and used as before if a Building Permit for the reconstruction is secured within 12 months after such damage. Any delays in reconstruction due to factors beyond the control of the structure’s owner or occupant shall not be considered in determining this time period. If such structure is damaged to an extent exceeding 50

April 23, 2019

Morrisville, NC

Page 9-2

Unified Development Ordinance