Morrisville UDO - June 2017 version

Morrisville, NC

June 23, 2017

Unified Development Ordinance

Page 9-1

Article 9: Nonconformities

SECTION 9.1. GENERAL APPLICABILITY

9.1.1.

Purpose and Scope

There exist lots, uses of land, structures, signs, exterior lighting, and other site features that were lawfully

established before the effective date of this Ordinance, or a subsequent amendment thereto, but that do

not conform to the standards and requirements of this Ordinance or subsequent amendment. Such lots, uses

of land, structures, signs, lighting, and other site features are collectively referred to as “nonconformities.” It

is the general policy of the Town to allow nonconformities to continue to exist. It also is the policy of the Town

to bring as many nonconformities into conformance with this Ordinance as is reasonably practicable, subject

to the requirements of this article. The purpose and intent of this article is to recognize the interests of

property owners in continuing to use the land, but to preclude the expansion of a nonconformity or the

reconstruction or reestablishment of a substantially destroyed or discontinued nonconformity unless doing so

can serve as an incentive to achievement of even greater public benefit.

9.1.2.

Applicability

This article applies to nonconformities created by initial adoption of, or amendments to, this Ordinance unless

otherwise expressly provided by provisions in this Ordinance.

9.1.3.

Determination of Nonconformity Status

In all cases, the burden of establishing that a nonconformity lawfully exists shall be the responsibility of the

owner of the land on which the nonconformity is located.

9.1.4.

Continuation and Minor Repairs and Maintenance Allowed

Nonconformities are allowed to continue in accordance with the requirements of this article, and are

encouraged to receive minor repairs and routine maintenance that are necessary to maintain the

nonconformity and its surroundings in a safe condition and protect against health hazards.

9.1.5.

Change of Tenancy or Ownership

No change of title or possession or right to possession of land involved shall be construed to prevent the

continuance of such nonconformity.

SECTION 9.2. NONCONFORMING LOTS

9.2.1.

Definition

A nonconforming lot is a lot that was lawfully created before the effective date of this Ordinance, or a

subsequent amendment thereto, but does not conform to the lot standards applied by this Ordinance or the

subsequent amendment.

9.2.2.

Use of Nonconforming Lots

Except as otherwise provided in subsection

below, a nonconforming lot may be used for any use or

structure subject to compliance with applicable use regulations and dimensional standards of this

Ordinance.