In the construction of this chapter, the definitions contained in this article shall be observed and applied, except when the content clearly indicates otherwise. In further amplification and for clarity of interpretation of the context, the following shall apply.

Words used in the present tense shall include the future; and words used in the singular number shall include the plural number, and the plural the singular.

The word "shall" is mandatory and not discretionary.

The word "may" is permissive.

The word "lot" shall include the words "piece," "parcel," and "plots"; the word "building" includes all structures of every kind regardless of similarity to buildings; and the phrase "used for" shall include the phrases "arranged for," "designed for," "intended for," and "occupied for."

Moskowitz, Harvey S. and Carl G. Lindbloom. The Latest Illustrated Book of Development Definitions, New Expanded Edition. Rutgers: The State University of New Jersey, 2004 shall supplement this listing providing further clarity and additional definitions.

Accessory use means a use customarily incidental and subordinate to the principal use or building and located on the same lot with such principal use or building.

Administrative officer means the official charged with the enforcement of this chapter.

Adult cabaret means any place which features topless dancers, go-go dancers, strippers, male or female impersonators, or similar entertainers, as defined in N.C.G.S. 14-202.10, as amended.

Adult day care program means the provision of group care and supervision in a place other than their usual place of abode on a less than 24-hour basis to adults who may be physically or mentally disabled, and certified by the department of health and human resources.

Adult oriented business means any place defined as an adult establishment as defined by N.C.G.S. 14-202.10, as such statute may be amended, except the definition of "massage business" shall not include any establishment or business where massage is practiced that is a health club, exercise studio, hospital, physical therapy business, or other similar health-related business. "Adult oriented business" specifically includes, however, any massage business where massages are rendered by any person exhibiting specified anatomical areas and/or where massages are performed on any client's "specified anatomical areas," as this term is defined by N.C.G.S. 14-202.10, as amended.

Apothecary means any business which prepares and sells drugs, medicines and other personal care items exclusive of other household items unrelated to the profession of pharmaceutics.

Blind fence means a wall, fence, or buffer that diminishes visibility from one side to the other to such a degree that sight is difficult or nonexistent. Some examples of blind fences are masonry, stone or brick walls, solid wood fences, or dense vegetation. Walls or fencing shall be a minimum of six (6) feet in height. Walls and fencing shall not exceed six (6) feet unless topography or other cause would defeat the purpose of the blind fence and only with the approval of the zoning administrator. All walls and fencing shall be placed a minimum of three (3) feet from the property line for maintenance purposes.

Dense vegetation shall meet the following criteria:

(1)

The buffer shall consist of two (2) rows of evergreen shrubs species, staggered to effect solid coverage within three (3) years of normal growth. Minimum height of newly planted materials shall be five (5) feet in height. The buffer shall have a minimum depth of ten (10) feet wide measured from the property line.

(2)

A fifteen-foot wide strip of natural wooded area; or

(3)

A twenty-five-foot wide area landscaped with grass or other ground cover with at least three (3) trees and five (5) shrubs for each one hundred (100) feet, or portion thereof, of boundary abutting property zoned or used as residential property. All trees trunks shall be three (3) inches in diameter at four (4) feet above the natural or finished grade of the vegetated area. Planted shrubs must be at least two (2) feet in height and have an average diameter of two (2) feet.

Combinations of walls, fencing, vegetation, earthern berms and reduced elevation of adjoining parking areas may be approved by the zoning administrator, where the same purpose of the blind fence is achieved. It shall be the responsibility of the developer to provide elevations, plant information and other information necessary to the zoning administrator to make a determination that the requirements for the blind fence will be met.

Where visibility for public roads, driveways entrances would be impaired or for other public safety issues, the zoning administrator may adjust blind fence requirements.

The property owner shall be responsible for the maintenance of all blind fence buffers. Litter and debris shall be kept cleared, and dead plants shall be replaced with plants meeting the above specifications. All structures shall be kept in good repair.

Brewery means a facility for the brewing of alcoholic beverages, including beer, ales, wine and/or similar beverages that produces more than twenty-five thousand (25,000) barrels per year. The facility may include a tasting room, additional space for consumption on-site with food, and retail space to sell the beverages in sealed containers directly to patrons on site.

Building means any structure enclosed and isolated by exterior walls, constructed or used for residence, business, industry, or other public or private purpose or purpose accessory thereto, including tents, lunch wagons, dining cars, trailers, and mobile homes and similar structures, whether stationary or movable.

Building, accessory, means a subordinate building, the use of which is incidental to that of a principal building or use on the same lot.

Building, principal, means a building in which is conducted the principal use of the lot on which the building is situated.

Child care means a program or arrangement where three (3) or more children less than thirteen (13) years old, who do not reside where the care is provided, receive care on a regular basis of at least once per week for more than four (4) hours, but less than twenty-four (24) hours per day from persons other than their guardians or full-time custodians, or from persons not related to them by birth, marriage or adoption.

Child care, before/after school means a program or arrangement where three (3) or more school aged children less than thirteen (13) years old, who do not reside where the care is provided, receive care on a regular basis before school hours and/or after school hours from persons other than their guardians or full-time custodians, or from persons not related to them by birth, marriage or adoption. Before/after school child care shall be considered an allowed accessory use to child care. Before/after school child care shall be considered an allowed accessory use to all public and private schools.

Child care center means an arrangement where, at any one time, there are three (3) or more pre-school age children or nine (9) or more school-age children receiving child care, regardless of the time of day, wherever operated, and whether or not operated for profit.

Commercial amusement use means any use which provides entertainment, amusement or recreation activities for commercial gain. This definition shall not include special events or functions customarily sponsored by or associated with schools, churches, nonprofit organizations, civic groups, fraternal orders, and charitable institutions.

Convenience store means any business comprised of a diverse arrangement of household items such as cosmetics, pre-packaged foods, personal care items, office supplies, candy greeting cards, etc.; may also provide pharmacy sales, gasoline dispensing, or quick service restaurant.

District means any section of the city in which zoning regulations are uniform.

Dwelling means a building or portion thereof designed, arranged, or used for living quarters for one (1) or more families.

Dwelling unit means an enclosure containing sleeping, kitchen and bathroom facilities designed for and used or held ready for use as a permanent residence by one (1) family.

Dwelling, single-family attached, means a building for or occupied exclusively by one (1) family attached to, by party wall arrangement, a building occupied or used for the same purpose, including row houses.

Dwelling, single-family detached, means a detached building for or occupied exclusively by one (1) family.

Dwelling, multifamily, means a building or portion thereof used for or designed as a residence for two (2) or more families living independently of each other, including duplexes and apartment houses.

Electronic gaming operations [mean] any business enterprise, whether as a principal or an accessory use, where persons utilize electronic machines, including, but not limited to, computers and gaming terminals, to conduct games of chance, including sweepstakes, and where cash, merchandise or other items of value are redeemed or otherwise distributed, whether or not the value of such distribution is determined by electronic games played or by predetermined odds. This term includes, but is not limited to, internet cafes, internet sweepstakes, beach sweepstakes or cybercafés. This does not include any lottery approved by the state.

Family means any number of individuals, related by birth or marriage, living together as a single housekeeping unit.

Family care home means an adult care home with support and supervisory personnel that provides room and board, personal care and habilitation services in a family environment for not more than six (6) resident handicapped persons ^[2] (as defined by G.S. 168.21). A family care home shall be prohibited from being located within one-half-mile radius of another family care home.

Family child care home means a child care arrangement located in a residence where, at any one time, more than two (2) children, but less than nine (9) children receive child care. (Of the children present at any one time in a family child care home, nor more than five (5) children shall be preschool-aged, including the operator's own pre-school age children.)

Gross leasable floor area means the total floor area designed for tenant occupancy and exclusive use, including basements, mezzanines, and upper floors, if any, expressed in square feet measured from center lines of joint partitions and exteriors of outside walls.

Group care facility means a facility licensed by the state, or a battered persons shelter or unwed mothers home, by whatever name it is called, other than a "family care home," as herein defined with support and supervisory personnel that provides room and board, personal care, or habilitation services in a family environment for not more than thirty (30) handicapped persons, unwed mothers with their neonates, and battered spouses with their children. A group care facility shall be prohibited from being located within a one-half-mile radius of another group care facility and or a transitional housing facility.

Group houses mean multifamily use of a lot by several houses, all under one (1) ownership, arranged around a courtyard which gives access from each house to the street.

Handicapped person means a person with a physical or mental impairment which substantially limits one or more of such person's major life activities; a person with a record of having such an impairment; or a person who is regarded as having such an impairment. This term does not include current, illegal use of or addition to a controlled substance as defined in 21 U.S.C. § 802.

Hazardous waste means a solid waste, or combination of solid wastes, which because of its quantity, concentration, or physical, chemical, or infectious characteristics may:

(1)

Cause or significantly contribute to an increase in mortality, or an increase in serious irreversible or incapacitating reversible illness; or

(2)

Pose a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported, disposed of, or otherwise managed.

Hazardous waste facility means a facility for the storage, collection, processing, treatment, recycling, recovery, or disposal of hazardous waste.

Height means the vertical distance measured from the average elevation of the proposed finished grade at the front of the building or structure to the highest point of an unroofed structure, the highest point of the coping of a flat roof, the deck line of a mansard roof, or the mean height level between the eaves and ridge of a gable, hip, or gambrel roof.

Home adult day care program means the provision of group care and supervision in a place other than their usual place of abode on a less than 24-hour basis to adults who may be physically or mentally disabled, and are exempt from the certification requirements of North Carolina General Statute 131D-6.

Home occupation, customary means an occupation conducted in a dwelling unit or a residential accessory building and subject to the following conditions:

(1)

No person other than members of the family residing on the premises shall be engaged in such occupation.

(2)

The use of the dwelling unit for the home occupation shall be clearly incidental and subordinate to its use for residential purposes by its occupants, and not more than twenty-five (25) percent of the floor area of the dwelling unit shall be used in the conduct of the home occupation.

(3)

There shall be no change in the outside appearance of the building or premises, or other visible evidence of the conduct of such home occupation.

(4)

No traffic shall be generated by such home occupation in greater volumes than would normally be expected in a residential neighborhood, and any need for parking generated by the conduct of such home occupation shall be met off-street and other than in a required front yard.

(5)

No equipment or process shall be used in such home occupation which creates noise, vibration, glare, fumes, odors, or electrical interference detectable to the normal senses off the lot, if the occupation is conducted in a single-family residence, or outside the dwelling unit if conducted in other than a single-family residence. In the case of electrical interference, no equipment or process shall be used which creates visual or audible interference in any radio or television receivers off the premises, or causes fluctuations in line voltage off the premises.

(6)

No wholesale or retail establishment shall be permitted unless it is conducted entirely by mail or telephone and does not involve the receipt, sale, shipment, delivery, or storage of merchandise on or from the premises, provided, however, that articles produced by members of the immediate family residing on the premises may be stored upon the premises.

(7)

There shall be no storage outside a principal building or accessory structure of equipment or materials used in the home occupation.

(8)

The home occupation shall be conducted entirely within the principal residential building or in a private garage accessory thereto.

(9)

There shall be no group instruction in connection with the home occupation.

(10)

Child care, family home may be considered a home occupation in single-family residential districts provided:

a.

No such use shall be allowed within one thousand (1,000) feet of an existing child care family home.

b.

Such use [shall] meet or exceed all minimum building requirements, state fire code regulations, all public health regulations, and all state licensing requirements.

c.

Shall be confined to the hours of 7:00 a.m. to 7:00 p.m.

d.

All outdoor play areas shall be located in the rear yard of the property, shall be fenced including the exit from the home to the play area, and any gates shall be self-closing and self-latching.

Interior living space means all area within the exterior walls of a single-family dwelling, excluding garages, utility space and storage within garages, and all unglazed porches, terraces, and stoops.

Landscape buffer means an area of land, improved with a combination of shrubs, trees and ground cover, designed to reduce glare, dust and noise, define and separate areas of use, and improve development by screening, by enhancing or preserving the natural character of the community.

Livestock shall include, but not be limited to, equine animals, bovine animals, sheep, goats and swine.

Lot, plot, parcel means land occupied or proposed to be occupied by a building and its accessory buildings, including open spaces as are required by this chapter, having the principal frontage upon a public street right-of-way.

Lot depth means the average horizontal distance between front and rear lot lines.

Lot width means the horizontal distance between the side lot lines measured along the building front.

Lot of record means a lot which is a part of a subdivision, a plat of which has been recorded in the office of the register of deeds of the county prior to March 17, 1966, or a lot described by metes and bounds, the description of which has been so recorded prior to March 17, 1966.

Manufactured home means a dwelling unit that is not constructed in accordance with the standards set forth in the North Carolina State Building Code, and is composed of one (1) or more components, each of which are substantially assembled in a manufacturing plant and designed to be transported to the home site on its own chassis, and exceeds forty (40) feet in length and eight (8) feet in width (commonly called a mobile home).

Manufactured home, class A means a manufactured home constructed after July 1, 1976, that meet or exceeds the construction standards promulgated by the U.S. Department of Housing and Urban Development that were in effect at the time of construction and that satisfies the following additional criteria:

(1)

The manufactured home has a length not exceeding four (4) times its width, with length measured along the longest axis and width measured at the narrowest part of the other axis;

(2)

The manufactured home has a minimum of one thousand two hundred (1,200) square feet of enclosed and heated living area;

(3)

The pitch of the roof of the manufactured home has a minimum vertical rise of three and two-tenths (3.2) feet for each twelve (12) feet of horizontal run and the roof is finished with a type of composition shingle that is commonly used in standard residential construction;

(4)

The roof eaves and gable overhangs shall be twelve-inch minimum (rain gutters may be included in the minimum dimensions);

(5)

The exterior siding consists predominantly of vinyl or aluminum horizontal lap siding (whose reflectivity does not exceed that of gloss white paint), wood, or hardboard, comparable in composition, appearance and durability to the exterior siding commonly used in standard residential construction;

(6)

The manufactured home is set up in accordance with the standards set by the North Carolina Department of Insurance and a continuous, permanent masonry foundation or masonry curtain wall, unpierced except for required ventilation and access, is installed under the perimeter of the manufactured home;

(7)

The front entrance to the manufactured home has stairs and a porch, the porch being at least four (4) feet by six (6) feet in size. Stairs, porches, entrance platforms, ramps and other means of entrance and exit to and from the home shall be installed or constructed in accordance with the North Carolina State Building Code;

(8)

The moving hitch, wheels and axles, and transporting lights have been removed;

(9)

Each manufactured home shall be only for single-family occupancy;

(10)

A manufactured home shall comply with the Federal Housing Administration requirements relative to tie downs;

(11)

The electrical meters servicing the manufactured home shall be mounted (attached) directly to the manufactured home;

(12)

A multisectional manufactured home is required. A singular sectional manufactured home is prohibited; and

(13)

All manufactured homes shall otherwise meet all applicable zoning regulations for the zoning district in which the home is located.

It is the intent of these criteria to insure that a class A manufactured home, when installed, shall have substantially the appearance of an on-site conventionally built, single-family dwelling, to include landscaping in harmony with surrounding dwellings.

Mechanical equipment means any stationary machinery necessary to heat, cool, or provide utilities to a building or structure.

Medical waste means any solid waste which is generated in the diagnosis, treatment, or immunization of human beings or animals, in research pertaining thereto, or in the production or testing of biologicals, but does not include any hazardous waste identified or listed pursuant to radioactive waste, G.S. 130A-290 et seq., household waste as defined in 40 Code of Federal Regulations 261.4(b)(1) in effect on July 1, 1989, or those substances excluded from the definition of solid waste in G.S. 130A-290 et seq.

Medical waste facility means a facility for the storage, collection, processing, treatment, recycling, recovery, incineration, or disposal of medical waste. "Medical waste" shall be defined in G.S. 130-290.

Microbrewery means a facility for the brewing of alcoholic beverages, including beer, ales, wine and/or similar beverages that produces less than twenty-five thousand (25,000) barrels per year, primarily intended for consumption on the premises or by sealed containers to be sold directly to the consumer. The facility may include a tasting room, additional space for consumption on site with food, and retail space to sell the beverages to patrons on site. Microbreweries are also referred to as brewpubs, wine bars, and pubs.

Modular home means a dwelling unit constructed in accordance with the standards set forth in the North Carolina State Building Code and composed of components substantially assembled in a manufacturing plant and transported to the building site for final assembly on a permanent foundation. Among other possibilities, a modular home may consist of two (2) or more sections transported to the site in a manner similar to a manufactured home (except that the modular home meets the North Carolina State Building Code), or a series of panels or room sections transported on a truck and erected or joined together on the site.

Motel means a building or a group of buildings containing sleeping rooms designed for or used temporarily by persons for no greater than two-week periods, including hotels.

Natural disaster: A natural disaster is a sudden event that causes widespread destruction or collateral damage, brought about by forces other than the acts of human beings. A natural disaster includes but is not limited to the following: earthquakes, flooding, tornadoes, landslide, hurricanes, lightning strikes, hailstorms, snowstorms, etc. No event shall constitute a natural disaster unless so declared by the Dunn City Council.

Noncommercial means of or pertaining to an operation which is not available for public use or patronage, but rather is open only for selected members, which membership shall not exceed twenty (20) members per acre of land occupied.

Nonconforming use means the use of a building, including mobile homes and trailers on individual lots or in substandard mobile home parks prior to March 9, 1971, or of land, including land used as an individual mobile home site or as a substandard mobile home park prior to March 9, 1971, which does not conform to the use or dimensional regulations of this chapter for the district in which it is located, either at the effective date of the ordinance codified as this chapter or as a result of subsequent amendments which may be incorporated.

Nonprofit institution means an institution owned or operated by a corporation formed under the provisions of the Non-Profit Corporation Act (G.S. ch. 55A).

Outside storage means unenclosed depository of materials other than sample merchandise displayed for sale.

Parking space means the minimum permanent off-street storage space for one (1) automobile, with adequate provision for ingress and egress by standard-sizes vehicles in accordance with the requirements of this Code.

Park model home means a dwelling unit that is not constructed in accordance with the standards set forth in the North Carolina State Building Code, and is composed of one (1) or more components, each of which are substantially assembled in a manufacturing plant and designed to be transported on its own chassis and does not exceed forty (40) feet in length and eight (8) feet in width.

Restaurant, drive-in, means all restaurants which are not set up on a waitress or cafeteria service only. Such restaurants will be considered in this chapter as drive-in restaurants.

Safe vehicular sight triangle means a reserved open space created to provide a view of oncoming traffic to allow safe vehicular movement.

Satellite receiver dish means an electronic device, structure, or antenna which can convert an electromagnetic wave transmitted from an earth orbiting satellite into either visual or oral signals, or both, for television.

Shelter, fallout, means a structure or portion of a structure intended to provide protection to human life during periods of danger from radioactive fallout, air raids, storms, or other emergencies.

Solar farm means a solar collection system that generates electricity from sunlight to a wholesale electricity market through a regional transmission organization and an inter-connection with the local utility power grid and/or for direct distribution to more than one (1) property or consumer as a commercial venture. Solar farms shall consist of a minimum of three (3) individual photovoltaic modules (solar panels), which are an assembly of solar cells to generate electricity. Solar facilities constructed only for the production of electricity dedicated to another facility collocated the same site, or a solar facility which is clearly a subordinate accessory land use, shall not be subject to the special use permit requirements.

Street means a public way which affords the principal means of access to abutting property and which has been accepted for maintenance by the city or the state highway commission.

Structural alteration means any change in the supporting members of a building, such as bearing walls, columns, beams, or girders.

Transitional housing facility means a facility operated and funded by a non-profit, charitable, religious, or governmental organization that provides temporary housing, which may also include meals, to not more than twelve (12) persons. The term "temporary" as used in this definition shall mean a facility that has rules limiting stay to ninety (90) days or a progressing (stepped) program toward client independence that does not exceed eighteen (18) months. Any such facility must provide support services, including but not limited to counseling on an ongoing basis to residents to comprehensively assist the residents with their needs such as homelessness, employment, health and behavioral matters, and life skills. A transitional housing facility shall be prohibited from being located within a one-half-mile radius of another group care facility and/or a transitional housing facility.

Travel trailer means a structure that is intended to be transported over the streets and highways (either as a motor vehicle or attached to or hauled by a motor vehicle), and is designed for temporary use as a sleeping quarters, but that does not satisfy one (1) or more of the definitional criteria of a manufactured home.

Yard means an open space on the same lot with a principal building or use, unoccupied and unobstructed from the ground upward, except as provided in this chapter.

Yard, front, means an open space between the front line of the principal building or use and the front property or street right-of-way line, extending the full width of the lot.

Yard, rear, means an open space between the rear line of the principal building or use and the rear line of the lot, extending the full width of the lot.

Yard, side, means an open space between the side line of the principal building or use and the side line of the lot, extending from the front building setback line to the rear building setback line.

(Code 1974, § 25-1; Ord. No. 1990-002, 1-4-90; Ord. No. 1990-007, 2-20-90; Ord. No. 1990-010, 6-4-90; Ord. of 7-6-95, § 1; Ord. No. 02003-08, 9-4-03; Ord. No. 02003-11, 11-6-03; Ord. No. 02004-05, 3-4-04; Ord. No. 02004-07, 5-6-04; Ord. No. 02004-12, 6-3-04; Ord. No. 02004-23, 8-5-04; Ord. No. O2006-05, 9-7-06; Ord. No. 02008-04, 2-7-08; Ord. No. 02008-15, 11-17-08; Ord. No. O2010-03, 4-13-10; Ord. No. O2012-09, 7-10-12; Ord. No. O2013-05, 7-9-13; Ord. No. O2020-03, 3-10-20)

Cross reference— Definitions and rules of construction generally, § 1-2.

(a)

The zoning regulations and districts as set forth in this chapter have been made in accordance with a comprehensive plan and designed to lessen congestion in the streets; to secure safety from fire, panic, and other dangers; to promote health and general welfare; to provide adequate light and air; to prevent the overcrowding of land; to avoid undue concentration of population; and to facilitate the adequate provision of transportation, water, sewerage, schools, parks, and other public requirements. They have been made with reasonable consideration of, among other things, the character of the district and its peculiar suitability for particular uses, and with a view of conserving the value of buildings and encouraging the most appropriate use of land throughout the community.

(b)

The provisions of this chapter are adopted under the authority granted by the General Assembly of the State of North Carolina, particularly G.S. 160A-381 to 160A-392.

(Code 1974, § 25-2)

The regulations set forth in this chapter affect all land, every building, and every use of land or building, and shall apply as follows:

(1)

New uses or construction. After March 17, 1966, all new construction or uses of land shall conform with the use and dimensional requirements for the district in which they are located.

(2)

Completion of existing buildings. Nothing contained in this chapter shall require any change in the plans, construction, or designated use of a building actually under lawful construction on October 3, 1991, and which entire building is completed within one (1) year from such date. Nothing contained in this chapter shall require any change in the plan, construction, or designated use of a building for which a building permit has been heretofore issued, and which entire building is completed within one (1) year from March 17, 1966. If any amendment to this chapter is adopted changing the boundaries of districts, the provisions of this subsection shall apply in the same manner as when originally adopted.

(3)

Conforming uses or structures. After October 3, 1991, any existing structure or uses of land or structures which then conform with the regulations for the district in which they are located may be continued without a specific permit, provided that any subsequent structural alteration or change in use shall conform with the regulations specified in this chapter.

(Code 1974, § 25-3)

Wherever the regulations made under the authority of this chapter require a greater width or size of yards or courts, require a lower height of building or less number of stories, require a greater percentage of lot to be left unoccupied, or impose other higher standards than those required in any other statute, local ordinance, or regulation, the provisions of the regulations made under the authority of this chapter shall govern. Wherever the provisions of any other statute or local ordinance or regulation require a greater width or size of yard or courts, require a lower percentage of lot to be left unoccupied, or impose other higher standards than are required by the regulations made under the authority of this chapter, the provisions of such statute, local ordinance, or regulation shall govern.

(Code 1974, § 25-4)

The provisions of this chapter shall be applied within the corporate limits and within the territory beyond such corporate limits for a distance of one (1) mile in all directions therefrom.

(Code 1974, § 25-5)

All territory to which this chapter is inapplicable which may be included within the city limits or within the extraterritorial area beyond the city limits shall be made subject to this chapter in the same manner as those areas included within such territory upon the original adoption of this chapter. Such area shall be classified with zoning districts determined by the city council after public hearings before both the city council and the planning board and after recommendation by the planning board.

(Code 1974, § 25-6)

After October 3, 1991, any existing structures or uses of land or structures, which would be prohibited by the regulations of the district in which located, may be continued in the following manner:

(1)

Nonconforming uses of land. Nonconforming uses of land shall not be enlarged or extended in any way after October 3, 1991.

(2)

Nonconforming uses of buildings. Nonconforming uses of buildings shall not be enlarged or extended in any way. Buildings housing a conforming use, but which do not conform to the dimensional requirements of this article, may be enlarged or extended in any manner that does not increase the extent of dimensional nonconformity.

(3)

Change of use of land. Any nonconforming use of land may be changed to a conforming use or, with the approval of the board of adjustment, to any use more in character with the use permitted in the district.

(4)

Change of use of buildings. Any nonconforming use of a building may be changed to a conforming use. If no structural alteration or enlargements are made, any nonconforming building or use of buildings may be changed, with the approval of the board of adjustment, to any use more in character with uses permitted in the district. In permitting the change, the board of adjustment may require appropriate conditions and safeguards in accord with the provisions of this chapter.

(5)

Cessation of nonconforming use of buildings. If active operations are discontinued for a continuous period of one hundred eighty (180) days with respect to a nonconforming use of a building, the building shall thereafter be occupied and used only for a conforming use.

(6)

Repair and alteration. Normal maintenance and repair in a building occupied by a nonconforming use is permitted, provided that it does not extend or enlarge the nonconforming use.

(7)

Damage or destruction. If a building occupied by a nonconforming use or a nonconforming building is destroyed by any means to an extent of more than fifty (50) percent of its replacement cost at the time of destruction, then such building may be restored only for a conforming use and in a manner complying with the provisions of this chapter.

a.

Natural disaster. If a structure is destroyed by any means that are defined as a natural disaster, then such owner or tenant may apply to the board of adjustment for a variance. All applicable application fees shall be waived.

(Code 1974, § 25-7; Ord. NO. O2012-09, 7-10-12)

In case any building or structure is erected, constructed, reconstructed, altered, repaired, converted, or maintained, or any building, structure, or land is used in violation of this chapter, the zoning administrator, any appropriate authority of the city, or any adjacent, nearby, or neighboring property owner who would be affected by such violation, in addition to other remedies, may institute injunction, mandamus, or other appropriate action or proceeding to prevent such occupancy of such building, structure, or land.

(Code 1974, § 25-8; Ord. No. O2010-13, 10-12-10)

State Law reference— Remedies to prevent illegal actions relative to zoning, G.S. 160A-389.

It is the intention of this chapter that all questions arising in connection with the enforcement of this chapter shall be presented first to the zoning administrator, and that such questions shall be presented to the board of adjustment only on appeal from the zoning administrator. From the decision of the board of adjustment, recourse shall be had to courts, as provided by law. It is further the intention of this chapter that the duties of the city council in connection with this chapter shall not include the hearing of and passing upon disputed questions that may arise in connection with the enforcement thereof, but that the procedure for determining such questions shall be as set forth in this chapter. The duties of the city council in connection with this chapter shall be only those of considering and passing upon any proposed amendment or repeal of this chapter, as provided by law.

(Code 1974, § 25-9; Ord. No. O2010-13, 10-12-10)

The fee for all zoning permits shall be set from time to time by the city council and a copy of such schedule is on file in the city clerk's office.

(Code 1974, § 25-20.1)