ARTICLE X.
NONCONFORMITIES

Summary:  This Article serves to set forth provisions regarding the continued use of buildings, structures or property that was lawful at the time of the enactment of this chapter or any applicable amendment thereto, even though such use, structure or property does not conform with the provisions of this chapter.  This article also provides for the termination of nonconforming situations under certain circumstances

TABLE OF CONTENTS

SECTION

154.600 Nonconformities
154.601-154.629   Reserved  

154.600 NONCONFORMITES.

(A) Nonconformities -General.
•  Any  nonconforming use, structure or lot which lawfully existed as of the effective date of this chapter and which remains or becomes nonconforming as a result of the adoption of this chapter or any subsequent rezoning or amendment to the text or official map of this chapter, may be continued or maintained only in accordance with the terms of this article. 
•  Specific regulations apply to different types of nonconformities.

(B) Nonconforming Vacant Lots.
 
(1) General.
•  A nonconforming vacant lot is a lot that does not meet the dimensional requirements for the land development district in which it is located. 
•  A nonconforming vacant lot of record is one that was recorded by plat or description in the Office of the Register of Deeds of Haywood County prior to the adoption of this chapter or prior to the time that the lot was brought into the town's jurisdiction.  This definition shall not be interpreted to include recorded lots that were in violation of any prior subdivision regulations of the Town of Waynesville. 

(2) Standards for Use of Nonconforming Vacant Lots.
•  A nonconforming vacant lot may be used for any of the uses permitted by this chapter in the land development district in which it is located if the lot is a lot of record and if the use of the lot meets the standards listed in this section.  A variance shall not be required for lot width or lot size purposes for such lots of record.
•  The nonconforming vacant lot must not adjoin (with continuous frontage) one or more other lots in the same ownership.  (See (B)(3) below).
•  All other minimum requirements for the particular land development district and proposed use must be met or a variance obtained from these requirements through an action of the Board of Adjustment.  This shall include meeting the requirements for additional lot size for increased densities of residential development (duplexes, multi-family dwellings, etc.).

(3) Combination of Nonconforming Vacant Lots.
•  If a nonconforming vacant lot of record adjoins and has continuous frontage with one or more other lots in the same ownership, then neither the owner of the nonconforming lot nor his successors in interest may take advantage of the provisions of this section without combining these adjoining lots.
•  Combination of adjoining lots in the same ownership shall not be required when the lot adjoining the vacant lot of record is a lot occupied by a single-family dwelling.

(C) Nonconforming Occupied Lots.

(1) General.
•  A nonconforming occupied lot is a lot that contained a structure at the time this chapter was adopted or at the time the lot was brought into the town's jurisdiction, but which lot does not meet the minimum requirements for the land development district in which it is located.  This shall include situations where only the lot is nonconforming or where both the lot and the structure are nonconforming.

(2) Standards for Use of Structures on Nonconforming Occupied Lots. 
•  Any structure on a nonconforming occupied lot may be occupied, without expansion, by a conforming use or may be improved or expanded in accordance with the standards listed in this section.
•  The nonconforming lot must not adjoin (with continuous frontage) one or more other lots in the same ownership.  If adjoining (with continuous frontage) another lot(s) in the same ownership then (B)(3) above shall apply. 
•  Any improvement or expansion of any structure on a nonconforming occupied lot must comply with all other minimum requirements of this chapter or a variance must be obtained from these requirements through an action of the Board of Adjustment. This shall include meeting the requirements for additional lot size for increased densities of residential development (duplexes, multi-family dwellings, etc.).
•  Structural alterations or remodeling of structures on nonconforming lots required by an authorized public officer, shall be permitted.  Routine maintenance shall also be permitted so long as no expansion of the nonconformity occurs as a result of the maintenance. 

(D) Nonconforming Structures Occupying Conforming Lots.

(1) General.
•  A nonconforming structure occupying a conforming lot is a structure that does not meet the minimum requirements for a structure in the land development district in which it is located but which is located on a lot which does conform to the district requirements. 

(2) Standards for Use of Nonconforming Structures Occupying Conforming Lots.
•  Any lawfully existing nonconforming structure on a conforming lot may be occupied, without expansion, by a conforming use or may be improved or expanded in accordance with the standards listed in this section.
•  Any improvement or expansion of any structure of this type must comply with all other minimum requirements of this chapter or a variance must be obtained from these requirements through an action of the Board of Adjustment.
•  In all area centers, town centers, neighborhood centers, boulevard and business districts and in the Central Business District, the following rules shall apply for major repair or reconstruction. 
•  Any nonconforming structure for which major repair or reconstruction (not necessitated by damage due to fire or natural causes) is proposed in an amount equal to seventy-five percent (75%) or more of the taxed value of the structure, shall only be repaired and/or reconstructed as a conforming structure.
•  Any nonconforming structure that has been damaged by fire or natural causes, regardless of the extent of the damage, may be repaired or re-established and continued in accordance with this section, provided that any such repair or re-establishment does not increase the degree of any nonconformance.  Such repair or re-establishment must occur within one (1) year of the date the damage occurred.
•  In all neighborhood and rural districts major repair and reconstruction may occur, including re-establishment of a structure following damage or destruction by fire or natural causes, provided that any such repair, reconstruction or re-establishment does not increase the degree of any nonconformance.
•  Routine maintenance of nonconforming structures occupying conforming lots is permitted so long as no expansion of the nonconformity occurs as a result of the maintenance.

(E) Nonconforming Open Uses of Land.

(1) General. 
•  A nonconforming open use of land is an open use on a lot when the only structures are incidental and accessory to the principal open use but which would not be permitted by this chapter in the land development district in which it is located.
•  Uses such as storage yards and golf driving ranges are examples of open uses.

(2) Standards for Continuation of Nonconforming Open Uses of Land.
•  Any legally established nonconforming open use of land may be continued subject to the standards listed in this section.
•  When a nonconforming open use of land is changed to a conforming use, it may not later be used for any nonconforming use.
•  A nonconforming open use of land may only be changed to a conforming use.
•  A nonconforming open use of land may not be enlarged to cover more land than it occupied when it became nonconforming nor may additional accessory structures be added.
•  A nonconforming open use of land that is discontinued for a continuous period of more than one hundred and eighty (180) days may not be reestablished. All subsequent uses of the site must be in conformance with the particular regulations for the land development district in which the property is located. 
•  In all area centers, town centers, neighborhood centers, boulevard and business districts and in the Central Business District, the following rules shall apply for major repair or reconstruction associated with a nonconforming open use of land.
•  Any nonconforming open use of land, for which major repair or reconstruction (not necessitated by damage due to fire or natural causes) is proposed in an amount equal to seventy-five percent (75%) or more of the taxed value of the property, shall only be repaired and/or reconstructed in conformance with this chapter. 
•  Any nonconforming open use of land that has been damaged by fire or natural causes, regardless of the extent of the damage, may be repaired or re-established and continued in accordance with this section, provided that any such repair or re-establishment does not increase the degree of any nonconformance.  Such re-establishment must occur within one (1) year of the date the damage occurred.
•  In all neighborhood and rural districts, major repair and reconstruction may occur, including re-establishment of an open use of land following damage or destruction, provided that any such repair, reconstruction or re-establishment does not increase the degree of any nonconformance.
•  Routine maintenance of structures associated with nonconforming open uses of land is permitted so long as no expansion of the nonconformity occurs as a result of the maintenance.

 (F) Nonconforming Uses of Structures.

(1) General. 
•  A nonconforming use of a structure is a structure, said use of which would not be permitted by this chapter in the land development district in which it is located.

(2) Standards for Continuation of Nonconforming Uses of Structures.
•  Any legally established nonconforming use of a structure may be continued subject to the standards listed in this section.
•  When a nonconforming use of a structure is changed to a conforming use, it may not later be used for any nonconforming use.
•  A nonconforming use of a structure may be enlarged or extended only into portions of the structure that existed at the time that the use became nonconforming.  No external improvements which would extend or enlarge the nonconforming use are permitted. 
•  No structural alterations are allowed to any structure containing a nonconforming use except:
•  Where such alteration does not enlarge the structure.
•  Where such alteration is required by law or an order from the Building Inspector, Fire Chief or the Planning Director to ensure the safety of the structure.
•  Routine maintenance of structures containing nonconforming uses is permitted so long as no expansion of the nonconformity occurs as a result of the maintenance.
•  A nonconforming use of a structure that is discontinued for a continuous period of more than one hundred and eighty (180) days may not be reestablished. All subsequent uses of the structure and site must be in conformance with the particular regulations for the land development district in which the property is located. 
•  In all area centers, town centers, neighborhood centers, boulevard and business districts and in the Central Business District, the following rules shall apply for major repair or reconstruction associated with a nonconforming use of a structure.
•  Any nonconforming use of a structure, for which major repair or reconstruction (not necessitated by damage due to fire or natural causes) is proposed in an amount equal to seventy-five percent (75%) or more of the taxed value of the property, shall only be repaired and/or reconstructed in conformance with this chapter. 
•  Any nonconforming use of a structure that has been damaged by fire or natural causes, regardless of the extent of the damage, may be repaired or re-established and continued in accordance with this section, provided than any such repair or re-establishment does not increase the degree of any nonconformance.  Such repair or re-establishment must occur within one (1) year of the date the damage occurred.
•  In all neighborhood and rural districts, major repair and reconstruction may occur, including re-establishment of a nonconforming use of a structure following damage or destruction, provided that any such repair, reconstruction or re-establishment does not increase the degree of any nonconformance. 

(G) Standards for Replacement of Nonconforming Manufactured Housing.

(1) Nonconforming Manufactured Housing on Individual Lots.
•  A nonconforming manufactured home on an individual lot outside of a manufactured home park may only be replaced with a manufactured home that is no smaller than the unit to be replaced. 
•  A nonconforming manufactured home on an individual lot may not be enlarged or altered externally in any way except where such alteration is required by law or an order from the Building Inspector, Fire Chief or the Planning Director to ensure the safety of the structure, or where such alteration increases the degree of conformance of the home.
•  Routine maintenance of such manufactured housing is permitted so long as no expansion of the nonconformity occurs as a result of the maintenance.
•  No home may be replaced with a mobile home.

(2) Nonconforming Manufactured Home Parks and Housing within Parks.
•  Manufactured home parks which are nonconforming, either as to use or development standards, may continue to operate and replacement of manufactured housing is permitted as follows:
•  Manufactured homes must be replaced by another manufactured home within six (6) months of the removal of the first home or the space may not be utilized.
•  No home may be replaced with a mobile home.
•  Standards for installation of replacement homes shall be in accordance with Sec. 154.238.
•  Manufactured or mobile homes within conforming parks may only be replaced with homes that meet the standards set forth in Sec. 154.238.

(H) Parking and Loading Nonconformities. 
•  Where a change of use is proposed that does not involve enlargement of the use of the property (or the structure containing the use) or the creation of a nonconforming use, the inability to meet the parking requirements for the new use (on the existing property) shall not be regarded as resulting in an impermissible nonconforming situation.
•  In these situations, the applicant shall be required to meet all parking requirements that can be satisfied without requiring additional land and be required to obtain remote parking (see Sec. 154.306) if such remote parking is reasonably available.  In town centers, area centers and neighborhood centers, boulevard and business districts, on-street parking may be considered in meeting parking requirements.

(I) Standards for Nonconforming Signs.
•  The standards for nonconforming signs are found Sec. 154.308(H).

(J) Discontinuance.

(1) When Discontinued.
•  A nonconforming use shall be presumed discontinued when any of the following has occurred:
•  The owner has in writing or by public statement indicated intent to abandon the use.
•  A conforming use has replaced the original nonconforming use.
•  The building or structure housing the nonconforming use has been removed.
•  The owner has physically changed the building or structure or its permanent equipment in such a way as to indicate clearly a change in use or activity to something other than the nonconforming use.
•  The property, structure or use has been vacant or completely inactive for one hundred and eighty (180) days.  Seasonal businesses must be vacant or completely inactive for three hundred and sixty-five (365) days to be considered discontinued.

(2) Overcoming Presumption of Discontinuance.
•  A presumption of discontinuance for a nonconforming use, based solely on the length of time a property and/or structure has remained vacant or inactive, may be rebutted. 
•  Such a presumption may be overcome upon a showing, to the satisfaction of the Planning Department Staff, that during such period the owner of the land has done the following:
•  The owner has been maintaining the land and any structures on it in accordance with all federal, state and local regulations.
•  The owner has been actively and continuously marketing the land or structure for sale or lease.

154.601-154.629  RESERVED.