(1) Any building, structure or use of land existing at the time of the enactment of this ordinance, or any amendment thereto, may be continued subject to the following provisions. They shall not be:

(a) Changed to another nonconforming use.

(b) Enlarged, extended, or structurally altered, except in conformity with this ordinance or as may be allowed in paragraphs (2), (3), (4), or (5)(a) below.  Alterations may be allowed to add filters, cleaners, or other devices to enhance the health, safety, or welfare or the general public by reducing or eliminating the emission or presence of dust, gas, smoke, noise, fumes, odors, vibration, glare, or other nuisance. This alteration shall not allow the enlargement or extension of a nonconforming use.

 

(c) Reestablished after discontinuance of one hundred eighty (180) days.

(d) Rebuilt, altered, or repaired after damage exceeding sixty (60) percent of the fair market value immediately prior to damage, except as may be allowed in paragraph (5)(b) below.

(2) Special exceptions. Notwithstanding the foregoing provisions of this section, in a particular case, after a public hearing thereon, the board of adjustment may permit the establishment, extension or enlargement in any district of a nonconforming building or use of land, subject to any reasonable and appropriate conditions which it may impose for the protection of neighboring properties and of the public interest. Such conditions may include, among others, requirements for landscaping and other measures to screen the nonconforming use and its effect from its neighbors, regulation of signs and lights used in connection with the conforming use and requirements for off-street parking and loading space. Violations of any such conditions shall constitute a violation of this ordinance. Provided, that this subsection shall apply only to the following nonconforming uses:

(a) Public utility distribution lines.

(b) Transformer stations.

(c) Transmission lines and towers.

(d) Broadcasting stations and masts.

(e) Water tanks.

(f) Lift stations.

(g) Gas pressure regulating stations.

Provided, further, the facility and all necessary outbuildings shall conform to the yard requirements of the zoning classification in which it is located. The facility shall not use any portion of the property for open storage of materials, and the utility must have franchise rights, if required by the city, the state or the federal government, to operate within the area of the city and within its extraterritorial zoning jurisdiction.

(3) Expansion of nonconforming mobile homes. In A-1, R-15, and R-20 districts a nonconforming mobile home on an individual lot, which is used as a single-family residence, may be enlarged, modified, or structurally altered by the addition of a foundation, skirting, steps, patio, porch, room, carport, detached garage, or similar improvement for residential use; provided, however, that all requirements of the zoning district pertaining to lot size, yard requirements, and building height are met.

(4) Nonconforming mobile home parks.   Nonconforming mobile home parks shall not expand, extend or modify either land area or the number of mobile home spaces which existed at the effective date of this ordinance except in conformance with the regulations of this zoning ordinance as they pertain to mobile home parks; provided, however, that nothing in this ordinance shall be interpreted as prohibiting the use of an existing mobile home space or the enlargement, modification, or structural alteration of a mobile home unit by the addition of a foundation, skirting, steps, patio, porch, room, carport, detached garage, or similar improvement for residential use except that such enlargement, modification, or structural alteration shall conform to the regulations of the mobile home park section of this ordinance.

Nonconforming mobile home parks are subject to the following requirements:

a)  The expansion of existing mobile home parks shall meet the requirements for mobile home parks as set out in section 12.07.

b)  When individual mobile homes are replaced in a nonconforming mobile home park, the new unit must be a post-1976 home meeting all HUD standards for manufactured housing.

c)  If greater than 60% of the fair market value of the nonconforming mobile home park is destroyed or damaged, the mobile home park, if rebuilt, shall meet the requirements for mobile home parks as set out in section 12.07."

(5) Special use permit. The Salisbury City Council may authorize a special use permit for:

(a) The expansion of any nonconforming structure or use in an A-1 agricultural or R-20 single family residential district provided:

(i) The use existed on the site where the expansion is proposed prior to being zoned A-1 agricultural or R-20 single family residential at the time that portion of the Salisbury jurisdictional area was initially zoned by the City of Salisbury.

(ii) The Salisbury City Council holds a hearing on each special use permit request. A notice of such hearing shall be given once a week for two (2) successive calendar weeks in a newspaper of general circulation in the City of Salisbury, said notice to be published the first time not less than fifteen (15) days prior to the date established for such hearing.

(iii) The Salisbury City Council has received a recommendation from the Salisbury Planning Board on each special use permit request.

The Salisbury City Council and the Salisbury Planning Board may require any information from any real parties in interest as the council or planning board may deem appropriate in its review and consideration of a special user permit request.

The Salisbury City Council may stipulate specific conditions which it deems reasonable and appropriate as prerequisites to and encumbrances on the nonconforming structure or use and/or specific enlargement, extension, structural alteration or other modification of such structure or use so as to mitigate any adverse effect or impact of the nonconforming structure or use or its expansion on the immediate neighborhood. These conditions may include, but shall not be limited to, landscaping, arrangement and location of principal and accessory structures and uses, parking, noise, odor, smoke, dust, vibration, screening or other measures of buffering the nonconforming structure or use to the immediate neighborhood, signs, lighting, loading and unloading, and hours of operation. The location of any of these conditions may be in any zoning district when the property in question is divided by a zoning boundary. All other requirements of the Salisbury Zoning Ordinance and other applicable municipal ordinances shall apply, including those related to nonresidential uses in a residential district. Only that which is specifically authorized by the Salisbury City Council as a special use permit shall be permitted. The nonconforming structure or use and any authorized enlargement shall be a nonconforming structure or use under the Salisbury Zoning Ordinance.

The authorization of council for a special use permit and all supporting documentation shall become a part of the certificate of occupancy. Failure to comply with the conditions of a special use permit or other provisions of the Salisbury Zoning Ordinance shall constitute a violation of the Salisbury Zoning Ordinance.

The determination of the Salisbury City Council shall be conclusive and final, and there shall be no further appeal to the zoning board of adjustment or any other administrative board or commission. A request for a review may be made in the same manner as an original request. Evidence in support of the request shall initially be limited to that which is necessary to enable the council to determine whether there has been a substantial change in the facts, evidence, or conditions in the case. It shall thereupon treat the request in the same manner as an original request. Otherwise, the council may terminate any further consideration of such request. The city council may, however, review its authorization and the conditions thereof and after such review may modify or change the conditions of the special use permit or may terminate the special use permit. Any appeal for administrative review concerning the enforcement of a special use permit shall be to the Salisbury City Council. Council consideration of a special use permit request or matters related thereto shall be governed by the taking of competent evidence, making findings of fact, drawing conclusions, formulating a decision, and issuing an order.

(b) The reconstruction, alteration, or repair of any structure in the Historic district of any structure classified as a "pivotal" or "contributing" structure in a National Register District that is not in the Historic district that has been damaged more than sixty (60) percent of the fair market value immediately prior to damage and is nonconforming because one or more setback(s) is less than what is required in its zoning district or it has less than the required minimum lot size.

The procedure shall be that the Salisbury City Council holds a hearing on each special use permit requested. Notification shall be given to the petitioner requesting the permit, to the owner of the property involved and property owners within one hundred (100) feet of the site, to the members of the historic preservation commission, and as advertisement to the general public in The Salisbury Post.

The Salisbury City Council may require any information from any parties in interest as the council may deem appropriate in its review and consideration of the special use permit requested. The city council may stipulate specific conditions which it deems reasonable and appropriate as prerequisites to and encumbrances on the nonconforming structure and/or specific reconstruction, alteration, or repair so as to mitigate any adverse effect or impact of the nonconforming structure on the immediate neighborhood.

The authorization of council for a special use permit and all supporting documentation shall become a part of the certificate of occupancy. Failure to comply with the conditions of a special use permit or other provisions of the Salisbury Zoning Ordinance shall constitute a violation of the Salisbury Zoning Ordinance.

The decision of the Salisbury City Council shall be conclusive and final. A request for a review may be made in the same manner as an original request.

(c)  The establishment of child day care homes and facilities as follows:

(i)  The establishment of child day care homes in the following districts:

(ii)  The establishment of child day care facilities in the following districts:

In (i) and (ii) above, the applicant shall secure a special use permit for child day care which shall include, among other things, the general acceptance in the neighborhood in which the child day care home or facility is located.

Failure to meet one or more of the requirements may be justification for denial for the issuance of a special use permit.

Child day care homes in districts listed in part (i) of this subsection, which have a valid state child day care home license and existed at the effective date of this ordinance, shall be allowed to continue and not be required to secure a special use permit.

Notwithstanding Section 7.01(1)(b), child day care facilities in districts listed in part (ii) of this subsection, which have a valid state day care facility license and existed at the effective date of this ordinance, shall not only be allowed to continue, but may also be enlarged, extended, or structurally altered without having to secure a special use permit.

Procedure for securing a special use permit:

--The Salisbury City Council shall hold a public hearing on each special use permit request.  A notice of such hearing shall be sent to the property owner of the site involved and all property owners within 100 feet of the site.  Notification shall be by first class mail.  Owners of properties shall be identified as listed in the Rowan County Tax Office.

--For child day care homes in part (i) above, notification shall also be given by a special use permit sign to be located at the front of the property.

--The Salisbury City Council has received a recommendation from the Planning Board on each special use permit request.

The Salisbury City Council and the Salisbury Planning Board may require any information from any real parties in interest as the council or planning board may deem appropriate in its review and consideration of a special use permit request.

The authorization of council for a special use permit and all supporting documentation shall become a part of the certificate of occupancy.  Failure to comply with the conditions of a special use permit or other provisions of the Salisbury Zoning Ordinance shall constitute a violation of the Salisbury Zoning Ordinance.

The determination of the Salisbury City Council shall be conclusive and final, and there shall be no further appeal to the Zoning Board of Adjustment or any other administrative board or commission.  A request for a review may be made in the same manner as an original request.  Evidence in support of the request shall be initially be limited to that which is necessary to enable the council to determine whether there has been a substantial change in the facts, evidence, or conditions in this case.  It shall thereupon treat the request in the same manner as an original request.  The City Council may, however, review its authorization and the conditions thereof and after such review may modify or change the conditions of the special use permit or may terminate the special use permit.  Any appeal for administrative review concerning the enforcement of a special use permit shall be to the Salisbury City Council.  Council consideration of a special use permit request or matters related thereto shall be governed by the taking of competent evidence, making findings of fact, drawing conclusions, formulating a decision, and issuing an order.

(d)  The expansion or extension of an industrial structure in an industrial district, the side of which abuts a residential district, provided all of the following regulations are met:

(i)  The side yard may be reduced to an average of no less than five feet, with no point being less than three feet from the property line.

(ii)  Any part of the structure less than ten feet from the property line shall not exceed a height of 20 feet.

(iii)  An opaque fence, at least eight feet in height, is built at the property line to separate the industrially zoned property, and extends the length of the residentially zoned property that abuts it.

(iv)  Landscaping between the property line and structure shall consist of:

-- two or more species of trees;

-- evergreens at least six feet tall when planted and/or deciduous trees at least two inch caliper when planted;

-- trees spaced no more than eight feet apart on center; and

-- trees that, at maturity, are at least three feet above the top of the structure, as specified in (ii) above.

The procedure shall be that the Salisbury City Council holds a hearing on each special use permit requested. Notification shall be given to the petitioner requesting the permit, to the owner of the property involved and property owners within 100 feet of the site and as advertisement to the general public in the Salisbury Post.

The Salisbury City Council may require any information from any parties as the council may deem appropriate in its review and consideration of the special use permit requested.   The city council may stipulate specific conditions which it deems reasonable and appropriate as prerequisites to and encumbrances on the structure and/or specific reconstruction, alteration, or repair so as to mitigate any adverse effect or impact of the nonconforming structure on the immediate neighborhood.

The authorization of council for a special use permit and all supporting documentation shall become a part of the certificate of occupancy.  Failure to comply with the conditions of a special use permit or other provisions of the Salisbury Zoning Ordinance shall constitute a violation of the Salisbury Zoning Ordinance.

The decision of the Salisbury City Council shall be conclusive and final.  A request for a review may be made in the same manner as an original request.

(e)  Special use permits for convenience stores in B-CS District.  

The Salisbury City Council may authorize a special use permit for:

(1) The establishment of any convenience store in the B-CS district

(2) The expansion or enlargement of any convenience store in the B-CS district

(3) The reconstruction (through fire, wind damage, etc. that exceeds  60 percent of the fair market value immediately prior to damage) of any convenience store in the  B-CS district

The Salisbury City Council shall receive a recommendation from the Salisbury Planning Board for each special use permit request.

The Salisbury City Council and/or the Salisbury Planning Board may require any information from any parties as the Council and/or Planning Board may deem appropriate in its review and consideration of the special use permit request.

Planning Board notification may be made to any property owner within 100 feet of the property in question, or within such area as the Planning Board Chairman or committee chair deem is appropriate in any given situation.  City Council notification may be made to any property owner within 100 feet of the property in question.  Planning Board and City Council shall allow public input from citizens who would like to comment on the proposal.

Additional Planning Board and City Council notification shall be given by a special use permit sign to be located at the front of the property. 

A Planning Board recommendation and/or a subsequent City Council approval may require additional regulations than what are normally required in the B-CS district, such as greater setbacks, more landscaping, reduced signage, more parking, additional specifications on lighting, days/times of operation, etc. 

The determination of the Salisbury City Council shall be conclusive and final, and there shall be no further appeal to the Zoning Board of Adjustment or any other administrative board or commission.  A request for a review may be made in the same manner as an original request.  Evidence in support of the request shall initially be limited to that which is necessary to enable the Council to determine whether there has been a substantial change in the facts, evidence, or conditions in the case.  It shall thereupon treat the request in the same manner as an original request.  Otherwise, the Council may terminate any further consideration of such request. 

The City Council may, however, review its authorization and the conditions thereof, and after such review may modify or change the conditions of the special use permit—or may terminate the special use permit.  Any appeal for administrative review concerning the enforcement of a special use permit shall be to the Salisbury City Council.  Council consideration of a special use permit request or matters related thereto shall be governed by the taking of competent evidence, making findings of fact, drawing conclusions, formulating a decision, and issuing an order.

 

(Ord. of 5-21-74, § 2; Ord. No. 1979-16, § 1, 3-20-79; Ord. No. 1986-20, § 3, 5-6-86; Ord. No. 1994-8, §§ 1--3, 3-1-94, Ord. No. 1998-28, Ord. No. 1999-17; Ord. No. 1999-47)

Off-street automobile parking or storage space shall be provided on every lot on which any of the following uses permitted by the zoning ordinance, including conditional uses, are hereafter established in all districts, except as exempted by section 7.06.  There shall be no issuance of leases or other arrangements made to satisfy the minimum parking space requirement.  No certificate of occupancy will be issued upon completion of any building or group of buildings unless and until all off-street parking and loading requirements, shown upon the plans or required by the zoning ordinance are in place and ready for use. The required parking space for any number of separate uses may be combined in one (1) lot but the required space assigned to one use may not be assigned to another use at the same time, except that one-half of the parking space required for churches, theaters or assembly halls whose peak attendance will be at night or on Sundays may be assigned to a use which will be closed at nights or on Sundays. Each off-street parking area shall be constructed in such a manner that its surface material shall be dust free. This is to be accomplished by concrete, blacktop, or non-dust producing surfacing. Each automobile parking space shall be not less than nine (9) feet by eighteen (18) feet with adequate access and maneuvering area to each space. Such parking area shall be provided with vehicular access to a street or alley. In parking lots with 20 or more parking spaces, the number of spaces may be reduced as stated in Section 10.06(8). All uses shall hereafter be provided with off-street parking equal in number to at least the minimum requirements for the specific use set forth. Each parking space requirement for each use classification is followed by a letter designation (e.g., [A]), which shall be cross-referenced with article VIII, Use Requirements by District.

(Ord. of 5-3-66, § 3; Ord. of 4-4-67, § 1; Ord. of 7-6-67, § 1; Ord. of 7-7-70, § 1; Ord. No. 1976-21, § 1, 4-6-76; Ord. No. 1976-33, § 1, 6-1-76; Ord. No. 1980-89, § 1, 10-21-80; Ord. No. 1980-99, § 5, 11-18-80; Ord. No. 1982-22, § 1, 5-4-82; Ord. No. 1982-41, § 3, 8-3-82; Ord. No. 1984-38, § 1, 5-1-84; Ord. No. 1984-55, § 8, 7-17-84; Ord. No. 1985-29, § 1, 4-2-85; Ord. No. 1985-80, §§ 2, 3, 9-17-85; Ord. No. 1986-3, § 3, 1-7-86; Ord. No. 1986-61, § 2, 9-2-86; Ord. No. 1986-83, § 1, 12-2-86; Ord. No. 1991-5, § 4, 2-5-91; Ord. No. 1991-38, § 7, 10-1-91; Ord. No. 1993-33, § 2, 5-18-93; Ord. No. 1993-87, § 2, 11-16-93: Ord. No. 1996-35; Ord. No. 1997-18; Ord. No. 1997-64; Ord. No. 1998-28; Ord. No. 1999-71; Ord No. 1999-47)

Cross reference(s)--Stopping, standing and parking, § 13-151 et seq.

The zoning board of adjustment may, after a courtesy hearing in relation thereto at which parties in interest and citizens shall have an opportunity to be heard, authorize as a conditional use the use of land in a residential district for parking directly related to a use not permitted in that residential district, provided that such parking meets and remains in conformity with the following requirements:

(1) The design requirements of section 7.02 are met.

(2) Parking area shall be used for parking of automobiles only, with no sales, storage, repair work, dismantling, or servicing of any kind to be permitted.

(3) Where setback lines are required from the street, the setback area shall not be considered as part of the parking lot but shall be maintained as a yard area in keeping with the adjacent yards.

(4) Sufficient area shall be provided within the property lines so that all vehicles may enter and leave the lot in a forward motion.

(5) All parking lots shall be screened from adjacent residentially zoned property in such manner as to give sufficient protection to the residential district from unsightliness and physical hazards. Such screening shall be as approved or required by the zoning board of adjustment.

(6) All parking lots shall be constructed in such a manner that contamination by dust, or dust clouds, will not exist. This is to be accomplished by concrete, blacktop, or other non-dust producing surfacing.

(7) All parking lots shall be lighted. Such lighting shall comply with the standards of section 9.11, Illumination and lighting, subsection (3), Parking area lighting.

(8) A substantial portion of the parking shall be within five hundred (500) feet of the use to which it is related.

A site plan depicting the proposed off-street parking shall be submitted to the zoning administrator for his review and transmittal to the board of adjustment. This site plan shall be drawn at a scale that will clearly depict the compliance of the proposed parking and lot improvements with the requirements of this section. A copy of this site plan endorsed by the chairman of the board of adjustment and noting such other requirements as the board of adjustment may stipulate shall be retained by the zoning administrator.

Off-street parking permits as may be authorized under this section shall be reviewed by the board of adjustment at five-year intervals for the purpose of authorizing continuance of the conditional use or for withdrawing said authorization.

(Ord. of 4-4-67, § 2; Ord. of 5-21-74, § 9; Ord. No. 1984-38, § 2, 5-1-84; Ord. No. 1986-20, § 4, 5-6-86)

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The zoning board of adjustment shall not issue a conditional use permit in conjunction with section 7.03, Off-street parking in residential districts for uses not permitted in residential districts, after January 2, 1990; provided, however, this shall not prohibit the zoning board of adjustment's authorizing continuance of existing conditional use permits as authorized by section 7.03.

(Ord. No. 1990-1, § 1(7.03.1), 1-16-90)

The zoning board of adjustment may withdraw the authorization of a conditional use for off-street parking in a residential district for parking directly related to a use not permitted in the residential district when said parking lot is found not to be in compliance with the requirements of the section or when said parking lot is found to be inconsistent with the other neighborhood environmental conditions. All further use of the property shall be in conformity with the requirements as set out in the zoning ordinance of the City of Salisbury.

(Ord. of 4-4-67, § 3; Ord. No. 1984-38, § 3, 5-1-84)

Every building or structure used for business, trade or industry hereafter erected, shall provide space as indicated herein for the loading and unloading of vehicles off the street or public alley. Such space shall have access to an alley or if there is no alley to a street. For the purposes of this section, an off-street loading space shall have minimum dimensions fourteen (14) feet in height above the alley or street grade and twenty-five (25) feet in depth from the alley or street line. Such space shall be paved with a suitable non-dust producing material and shall be provided in compliance with the following requirements:

(1) Retail business: 1 space of 300 square feet for each 5,000 square feet of floor area.

(2) Wholesale and industry: 1 space of 500 square feet for each 10,000 square feet of floor area.

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The off-street automobile parking and storage requirements of section 7.02 shall not be required for any use located within the area outlined on the Official Zoning Map of the City of Salisbury, North Carolina.

(Ord. No. 1976-62, § 1, 11-16-76; Ord. No. 1979-8, § 1, 2-20-79, Ord. No. 1997-78)

The zoning board of adjustment may authorize, as a conditional use, a reduction in developed off-street parking requirements for the use classification multifamily dwellings, including apartments, row houses, and townhouses to no less than three (3) off-street parking spaces for each four (4) dwelling units or fraction thereof provided.

(1) The design for off-street parking shall indicate compliance with the requirements for apartments, row houses, and townhouses; however, only that amount of space need be developed as required by the zoning board of adjustment as provided by this section.

(2) All the dwelling units in a specific development shall include those features accommodating occupancy by the elderly. For example, the dwelling units and access to them shall include, but not be exclusively limited to, such structural features as ramps, low-rise steps, grab bar, and handrails.

(3) Should any unit be occupied by nonelderly people, other than spouse or dependent of an elderly person, that unit shall be excluded from the computation for off-street parking for the elderly as authorized by the board of adjustment and shall be provided with developed off-street parking as required for the use classification multifamily dwellings, including apartments, row houses and townhouses in section 7.02, Off-street automobile parking and storage.

(Ord. No. 1975-23, § 1, 4-15-75; Ord. No. 1984-38, § 4, 5-1-84)

The zoning board of adjustment may authorize, as a conditional use, a reduction in developed off-street parking requirements for the use classifications community centers, offices, and retail, to no less that 50 percent of the off-street parking spaces required in Section 7.02, provided—

(1)   That the structure is located in a district that allowed such use or uses, and that it is in a local historic district and/or National Register Historic District.  If such structure has been classified on the National register listings, it shall be shown to be a “pivotal” or “contributing” structure.

(2)   Should any part of the structure revert to a use other than as a community center, office, or retail, than the reduction in the parking space requirement shall be null and void, and the parking space requirements in Section 7.02 shall be applicable.

(3)  Should the reduced parking space requirements become a problem in the neighborhood, causing parking to overflow from the off-street parking lot onto the street, then one or a group of individuals may appeal to the Zoning Board of Adjustment to reconsider the conditional use.  The Zoning Board of Adjustment may increase the amount of off-street parking spaces, or eliminate the reduction altogether.  Appeals may be made to the Zoning Board of Adjustment no more often than once a year.”

Except for single-family dwellings and two-family dwellings with separated parking areas and driveways, the parking and maneuvering area shall be arranged to allow vehicles to enter and leave the premises or parking area in a forward motion. When more than two (2) required spaces are provided in a single parking area, then entering and leaving in a forward motion is required.

(Ord. No. 1984-38, § 5, 5-1-84)

A zoning permit shall be required to establish or enlarge any off-street parking lot by 12 or more spaces. A certificate of occupancy shall not be issued if all requirements of this ordinance have not been complied with, including all applicable landscaping regulations (see Article X, Section 10.06).