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
A.
Except as otherwise provided in subsection
Bbelow, a nonconforming lot may be used for any use or
structure subject to compliance with applicable use regulations and dimensional standards of this
Ordinance.