Morrisville Unified Development Ordinance - April 2019

Article 9: Nonconformities Section 9.4. Nonconforming Structures 9.4.1. Definition

percent of its assessed value, the structure shall not be reconstructed or used except in conformity with the provisions of this Ordinance.

SECTION 9.4. NONCONFORMING STRUCTURES

Definition

9.4.1.

A nonconforming structure is a structure other than a sign, exterior lighting fixture, or structure associated with a nonconforming site feature that was lawfully established before the effective date of this Ordinance, or subsequent amendment thereto, but does not comply with the floor area ratio, setback, dimensional, elevation, location, material, height or other standards applied by this Ordinance or the subsequent amendment.

Regulations

9.4.2.

Nonconforming structures may be continued subject to the following limitations:

A. A nonconforming structure shall not be enlarged or structurally altered in a way that increases the nonconformity. B. If a nonconforming structure other than a manufactured home is damaged to an extent 50 percent or less of its assessed value, it may be reconstructed on the same lot provided a Building Permit for the reconstruction is secured within 12 months after the date of the damage. Any delays in securing a Building Permit due to factors beyond the control of the structure’s owner shall not be considered in determining this time period. C. If a nonconforming structure other than a manufactured home is damaged to an extent exceeding 50 percent of its assessed value, it may be reconstructed on the same lot provided:

A Building Permit for the reconstruction is secured within 180 days after the date of the damage;

The structure meets all requirements of this Ordinance to the maximum extent practicable;

The structure is reconstructed in a manner that does not increase its nonconformity; and

Any reconstruction of a nonconforming nonresidential structure shall require the installation of sufficient parking, landscaping, perimeter and streetyard buffers, and screening to comply with the provisions of this Ordinance to the maximum extent practicable. D. If a nonconforming structure is moved on the lot on which it is located, it shall, to the extent possible, be moved to make the structure conforming. Otherwise, the moved structure shall be placed on the lot in as conforming a manner as possible.

SECTION 9.5. NONCONFORMING SIGNS

Definition

9.5.1.

A nonconforming sign is a sign that was lawfully established before the effective date of this Ordinance, or a subsequent amendment thereto, but does not conform to the signage standards applied by this Ordinance.

Regulations

9.5.2.

Nonconforming signs may be continued subject to the following limitations:

A. No nonconforming sign, including its permanent message or its structure, shall be extended, expanded, enlarged, moved, or otherwise altered unless such sign is made to conform to this Ordinance.

Morrisville, NC

April 23, 2019

Unified Development Ordinance

Page 9-3