This chapter shall be known and may be cited as the "Cleveland County Development Ordinance".

(a)

This chapter is adopted pursuant to the authority contained in North Carolina General Statutes (G.S.) Chapter 63, Article 4, Chapter 113A, Article 4, Chapter 143, and Chapter 160D, Articles 6 and 7.

(b)

Whenever any provision of this chapter refers to or cites a section of the North Carolina General Statutes and that section is later amended or superseded, the chapter shall be deemed amended to refer to the amended section or the section that most nearly corresponds to the superseded section.

(Amd. of 2-5-08; Amd. of 4-1-08, § 1; Ord. of 6-1-21(1))

This chapter shall be in effect in all unincorporated areas of Cleveland County which are not under the jurisdiction of any municipal zoning chapter unless adopted by reference in those areas.

The provisions in this chapter were originally adopted and became effective on the following dates:

This chapter shall not apply to bona fide farms, except that:

(a)

Non-farm uses on farms may be regulated; and

(b)

Bona fide farms are subject to the floodplain management provisions in sections 12-21, 12-31, 12-62, 12-63, 12-93, 12-94, 12-95, 12-131, and article XIII, division 2.

(Ord. of 6-17-97; Amd. of 2-5-08)

To the extent that the provisions of this chapter are the same in substance as the previously adopted provisions that they replace in the county's zoning or subdivision ordinances, they shall be considered as continuations thereof and not as new enactments unless otherwise specifically provided. In particular, a situation that did not constitute a lawful, nonconforming situation under the previously adopted zoning ordinance does not achieve lawful nonconforming status under this chapter merely by the repeal of the zoning ordinance.

It is the intention of the board of commissioners that this chapter implement the planning policies adopted by the board of commissioners for the area within the county's planning jurisdiction, as reflected in the land use plan and other planning documents. While the board of commissioners reaffirms its commitment that this chapter and any amendment be in conformity with adopted planning policies, the board of commissioners hereby expresses its intent that neither this chapter nor any amendment to it may be challenged on the basis of any alleged nonconformity with any planning document.

(a)

Subject to section 12-8, no person may use, occupy or sell any land or buildings or authorize or permit the use, occupancy, or sale of land or buildings under his control except in accordance with all of the applicable provisions of this chapter.

(b)

For purposes of this section, the "use" or "occupancy" of a building or land relates to anything and everything that is done to, on, or in that building or land.

(a)

Nonconforming uses of land or structures, and nonconforming structures that contain nonconforming uses, may continue only in accordance with the provisions of this section.

(b)

Normal structural repair and maintenance may be performed to allow the continuation of a nonconforming use. Also, a nonconforming use may be reestablished in case of damage or total destruction due to fire or other disaster event. This shall include, as well, the repair or reconstruction of any structure housing said nonconforming use or on-site utility, parking or street infrastructure in support of said nonconforming use. If said structure was also a nonconforming structure, the reconstruction shall meet the setback requirements of the applicable district or follow the procedures of section 12-8.5 when setback requirements cannot be met.

(c)

A nonconforming use shall not be expanded, nor shall such a nonconforming use be enlarged by additions to the structure in which the nonconforming use is located (either attached or detached) except pursuant to a conditional use permit issued by the board of adjustment. Any occupation of additional lands beyond the boundaries of the lot on which said nonconforming use is located is prohibited. An existing nonconforming residential use located in a business or industrial district may, however, be enlarged or altered, provided that no additional dwelling units result therefrom.

(d)

If a nonconforming use is abandoned (discontinued) for one hundred eighty (180) days or more, the use shall not be allowed to reestablish. With regard to the settlement of an estate, such period shall be increased to a maximum of three hundred sixty-five (365) days. All new uses in said structure shall thereafter be conforming. If said use is located in a structure which is destroyed (i.e., received damage to an extent of more than seventy-five (75) percent of its assessed value at the time of destruction), a use may only be allowed to reestablish in accordance with the zoning regulations in effect in the district in which it is located. Assessed value shall be determined by using tax assessment records for the year in which the structure was destroyed.

(Amd. of 5-20-97; Amd. of 4-16-02)

(a)

A nonconforming structure devoted to a use permitted in the zoning district in which it is located may continue only in accordance with the provisions of this section.

(b)

Normal repair and maintenance may be performed to allow the continuation of nonconforming structures.

(c)

A nonconforming structure may not, under any circumstances, be enlarged or altered in a way which increases it nonconformity.

(d)

If a nonconforming structure is damaged to an extent greater than seventy-five (75) percent of its assessed value for ad valorem tax purposes it shall be rebuilt only after the issuance of a permit from the administrator. In the issuance of said permit the administrator shall follow these standards:

(1)

If the structure can be rebuilt on the same lot and meet all setback requirements, it shall be.

(2)

If the structure cannot be rebuilt at the same size (ground floor area) in accordance with the minimum standards of the district in which it is located then it shall be placed on the lot in as conforming manner as possible.

(3)

A nonconforming structure shall not be rebuilt in a manner which increases its nonconformity.

(4)

A structure rebuilt in accordance with the subsection shall not have a gross floor area larger than the structure it replaced unless all setback requirements are met for the zoning district in which it is located.

(5)

The reconstruction of a nonconforming structure (at the same or smaller size) shall not require the installation of deficient parking, landscaping or buffering provided however no parking, landscaping or buffering shall be made any less conforming to the requirements of this section than what existed prior to destruction.

(e)

Should a nonconforming structure be moved for any distance on the lot upon which it is located, it shall not be moved so as to make the structure more nonconforming. Otherwise the structure if moved shall be placed on the lot in as conforming a manner as possible.

(Amd. of 4-1-08, § 2)

Editor's note— The provisions contained in § 12-8.5 were inadvertently omitted from the original codification, and have been included herein as § 12-8.5 at the discretion of the editor.

(a)

Reasonable fees sufficient to cover the costs of administration, inspection, publication of notice and similar matters may be charged to applicants for permits, subdivision plat approval, zoning amendments, variances and other administrative relief.

(b)

Fees established in accordance with subsection (a) shall be paid upon submission of a signed application or notice of appeal.

It is hereby declared to be the intention of the board of commissioners that the sections, paragraphs, sentences, clauses, and phrases of this chapter are severable and if any such section, paragraph, sentence, clause, or phrase is declared unconstitutional or otherwise invalid by any court of competent jurisdiction in a valid judgement or decree, such unconstitutionality or invalidity shall not affect any of the remaining sections, paragraphs, sentences, clauses, or phrases of this chapter since the same would have been enacted without the incorporation into this chapter of such unconstitutional or invalid section, paragraph, sentence, clause or phrase.

(a)

Except as provided in subsections (b) and (c) of this section, a nonconforming vacant lot may be developed for any of the uses permitted by these regulations in the zoning district in which it is located, provided that the use meets all applicable yard and dimensional requirements for the zoning district in which the lot is located.

(b)

A nonconforming vacant lot shall not be developed if it could be combined with an adjoining lot (said lot being owned by the same person and any or all future assigns) on or after the effective date of these regulations in order to create a single lot. If said combination, however, results in the creation of a single lot that is more than one and one-half (1½) times the minimum lot width or area required in the zoning district, then the single lot may be divided into two (2) lots of equal width and area without being further classified as nonconforming. For purposes of this section, "adjoining" shall be deemed to mean the sharing of one (1) or more common lot lines and access to both lots can be provided by the same street without crossing the street.

(c)

Notwithstanding subsection (b) of this section, a nonconforming lot may be developed if, at the effective date of this chapter or any subsequent date upon which the lot became nonconforming, the lot: (1) had an area of twenty-one thousand seven hundred eighty (21,780) square feet or greater; or (2) the subdivision in which the lot was located (if in a major subdivision) had received preliminary plat approval; or (3) the subdivision in which the lot was located (if in a minor subdivision) had received final plat approval.

(Amd. of 5-20-97)

In accordance with article XV of this chapter, certain uses are required to provide screening and/or landscaping on site. Except as herein provided, any expansion of an existing use which is deficient in screening and/or landscaping or any change in principal use cannot occur without the required screening and/or landscaping having first been provided on site.

(Amd. of 5-20-97; Amd. of 4-1-08, § 3)

The board of commissioners may adopt temporary moratoria on any county development approval required by law. The duration of any moratorium shall be reasonable in light of the specific conditions that warrant imposition of the moratorium and may not exceed the period of time necessary to correct, modify, or resolve such conditions. The authorization and procedures for adopting moratoria on development approvals and the limitations on the use of moratoria are outlined in G.S. § 160D-107.

(Amd. of 4-1-08, § 4; Ord. of 6-1-21(1))