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Article 9: Nonconformities
Section 9.6. Nonconforming Exterior Lighting Fixtures
9.6.1. Definition
June 23, 2017
Morrisville, NC
Page 9-4
Unified Development Ordinance
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
9.6.1.
Definition
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.
9.6.2.
Regulations
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
9.7.1.
Definition
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.
9.7.2.
Regulations
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