Morrisville Unified Development Ordinance – September 2018

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. 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. 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. 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. 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 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. Use of Nonconforming Lots A. Except as otherwise provided in subsection B 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. 9.1.2. 9.1.3. 9.1.4. 9.1.5. 9.2.1. 9.2.2.

Morrisville, NC

September 25, 2018

Unified Development Ordinance

Page 9-1