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Annotated Outline <br /> NONCONFORMITIES <br /> General Commentary: This chapter consolidates all the rules pertaining to Article 7: . Nonconformities <br /> nonconformities from the various different sections in the current zoning <br /> ordinance. The new chapter will include: 7.1. General Applicability <br /> • Differentiation between the standards for nonconforming lots, A. Purpose and Scope <br /> structures,and uses; B. Authority to Continue - <br /> • Nonconforming sign standards; C. Determination of <br /> • The creation of nonconforming landscaping standards for use Nonconformity Status <br /> changes; and D. Mmor Repairs'and <br /> • A new sliding scale of compliance requirements for nonconforming Maintenance <br /> site features like landscaping, parking, signage, etc. triggered by <br /> E. Change of Tenancy redevelopment $ or <br /> Ownership <br /> GENERAL APPLICABILITY 7.2 Nonconforming Uses <br /> A. General <br /> B. Change of Us <br /> e e <br /> Purpose and Scope P C. .'Expansion and Enlargement <br /> This subsection will establish that the chapter addresses legally established D. Discontinuance or <br /> uses, structures, lots, and signs that do not comply with the requirements of Abandonment <br /> the new UDO. E. Accessory Uses <br /> F. Reconstruction After casualty . <br /> Authority to Continue Damage <br /> All lawfully established nonconformities will be allowed to continue in G. Nonconforming Use of Part of <br /> accordance with the standards of this chapter. a Structure <br /> 7.3 Nonconforming Structures <br /> Determination of Nonconformity Status A. Relationship with <br /> This new subsection will include a standard provision stating that the Nonconforming Uses <br /> landowner, not the town, has the burden of proving the existence of a lawful B. Continuation <br /> nonconformity. C. Enlargement <br /> D. Relocation <br /> Minor Repairs and Maintenance E. Restoration after Casualty <br /> This subsection will state that routine maintenance of nonconforming Damage <br /> structures is allowed to keep nonconforming uses and structures in the same 7.3 Nonconforming Lots of Record <br /> condition they were at the time the nonconformity was established. This rule A. Status of Structures on. <br /> will also be applied to structures housing nonconforming uses. Nonconforming Lots <br /> B. Development of Unimproved <br /> Change of Tenancy or Ownership Lots in Residential Districts <br /> This section will state that change of tenancy or ownership will not, in and of C. Development of Improved <br /> itself,affect nonconformity status. Lots in Residential Districts <br /> After Casualty <br /> NONCONFORMING USES D. Governmental Acquisition of <br /> Land in a Residential District <br /> This section will include provisions dealing with existing uses that no E. Change of Nonconforming Lot <br /> longer conform with the zoning district provisions where they are <br /> 7.4 Nonconforming Signs <br /> located. The standards will deal with conversion of a nonconforming <br /> use to a more restricted nonconforming use, as well as the inability A. Abandonment <br /> to expand an existing nonconforming use. The section will establish B. Routine Repairs and <br /> the standards for when a nonconforming use is considered Maintenance <br /> discontinued or abandoned, and how reconstruction may or may C. Change of Copy <br /> not proceed following substantial damage to the use. D. Other Sign Permits on <br /> Premises <br /> Hillsborough,North Carolina <br /> Page 16 Unified Development Ordinance I Draft Annotated Outline <br /> November,2009 <br />