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Article 9: Nonconformities
Section 9.4. Nonconforming Structures
9.4.1. Definition
Morrisville, NC
June 23, 2017
Unified Development Ordinance
Page 9-3
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
9.4.1.
Definition
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.
9.4.2.
Regulations
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
9.5.1.
Definition
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.
9.5.2.
Regulations
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.