Morrisville Unified Development Ordinance - April 2019

Article 9: Nonconformities Section 9.6. Nonconforming Exterior Lighting Fixtures 9.6.1. Definition

B. If a nonconforming sign is damaged to an extent less than 50 percent of its appraised value, as submitted by the sign owner and subject to approval by the Planning Director, it may be reconstructed on the same lot provided:

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

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

The sign is reconstructed in a manner that does not increase its nonconformity.

SECTION 9.6. NONCONFORMING EXTERIOR LIGHTING FIXTURES

Definition

9.6.1.

A nonconforming exterior lighting fixture is an exterior lighting fixture that was lawfully established before the effective date of this Ordinance, or a subsequent amendment thereto, but does not comply with the exterior lighting standards applied by this Ordinance or the subsequent amendment.

Regulations

9.6.2.

If a nonconforming exterior lighting fixture is replaced, moved, upgraded, or otherwise changed, it shall be brought into compliance with the exterior lighting standards of this Ordinance.

SECTION 9.7. NONCONFORMING SITE FEATURES

Definition

9.7.1.

A nonconforming site feature is any obstruction within a required sight distance triangle or any off-street parking, landscaping, perimeter and streetyard buffer, or screening that was lawfully established before the effective date of this Ordinance, or a subsequent amendment thereto, but does not comply with the sight distance triangle standards or the off-street parking, landscaping perimeter and streetyard buffer, or screening standards applied by this Ordinance or the subsequent amendment. The lack of required sight distance triangle, off-street parking, landscaping, perimeter or streetyard buffer, or screening also shall constitute a nonconforming site feature.

Regulations

9.7.2.

A. General

Nonconforming site features may be continued subject to the following limitations:

For development existing (or for which a vested right had been established) before the effective date of this Ordinance, nonconforming site features created by a change in regulations may continue to exist, and structures comprising such nonconforming site features may be reconstructed if demolished or destroyed. For all other nonconforming site features, no action shall be taken that increases the degree or extent of the nonconforming site feature, and no nonconforming site feature shall be extended, expanded, enlarged, or otherwise altered, unless the site feature thereafter conforms to all current requirements of this Ordinance. B. Upgrading of Nonconforming Site Features with Substantial Remodeling of Structures If an application is filed for a Building Permit for the remodeling of one or more structures on a site containing nonconforming site features, and the cumulative costs of any such remodeling over the past five-year period (as shown on Building Permit applications) exceeds 50 percent of the current assessed

April 23, 2019

Morrisville, NC

Page 9-4

Unified Development Ordinance