14.4.1 Nonconforming Buildings or Structures

1. Reconstruction of buildings, including single-family homes, that are located in Special Flood Hazard Areas or Future Conditions Flood Hazard Areas, shall not be permitted if the structure has experienced substantial damage or repetitive loss.

2. Any construction or development in such areas shall be subject to Sec. 8.4, Floodplain and Flood Damage Protection Standards, in addition to the requirements of this section.

1. No enlargement or reconstruction shall have the effect of increasing the degree or extent of a nonconforming feature.

a. Additions that are proposed between the minimum yard requirement and the existing building line, or are consistent with the existing height, shall not be considered to increase the degree or extent of the nonconformity.

b. An addition shall be considered to increase the nonconformity if it extends further into required yards than the existing encroachment.

2. No enlargement or reconstruction shall create new nonconformities or encroachments, unless a variance is approved pursuant to Sec. 3.14, Variance.

Additions or improvements to, or reconstruction of, nonconforming buildings and structures shall require approval of a minor special use permit pursuant to Sec. 3.9, Special Use Permit, unless exempted as follows:

1. Improvements, or additions of any size, that:

a. Comply with all current ordinance requirements; or

b. Bring the structure into greater conformity with current ordinance requirements.

2. Projects that allow existing buildings to meet local health, sanitary, or safety code requirements or that are necessary to ensure safe living or occupancy conditions;

3. Projects that require a certificate of appropriateness pursuant to Sec. 3.17, Certificate of Appropriateness;

4. Additions, with a maximum increase in square footage of 100%, that are proposed between the minimum yard requirement and the existing building encroachment line;

5. Reconstruction of the nonconforming structure that is within the original building footprint. Proposed additional square footage shall meet the parameters of paragraphs C.3 or 4 above, as applicable, to be exempt from the requirement of a minor special use permit;

6. Reconstruction or enlargement of, or improvements to a nonconforming structure that is part of a housing program initiated by or supervised by the City, County, or an entity created by the City, County, or State of North Carolina, as long as the degree or extent of the nonconforming feature is not increased.

1. Single-family or duplex structures, and associated accessory structures, can be re-built within the original building footprints as long as a certificate of compliance for the new structure is issued within 36 months of the date of demolition or destruction of the original structure. Otherwise, current ordinance requirements shall be met. The Planning Director can issue an extension for up to 12 months, as long as documentation is provided that demonstrates due diligence has been made to re-build the structure.

2. Multifamily and non-residential structures can be re-built within the original footprints as long as a certificate of compliance for the new building is issued within 36 months of the date of destruction or demolition. Otherwise, current ordinance requirements shall be met.