This category of nonconformance consists of vacant lots for which plats or deeds have been recorded in the office of the register of deeds of Halifax County, which at the time of adoption or amendment of this ordinance, fail to comply with the dimensional requirements for the districts in which they are located. Any such nonconforming lot may be used for any of the minimum uses permitted by this section for the district in which it is located provided that it meets the yard requirements of that district.

(Ord. of 6-7-82)

This category of nonconformance consists of structures existing at the time of adoption or amendment of this ordinance, whose size or location does not conform with the dimensions, height, lot area, lot coverage or other dimensional provisions of this ordinance or any amendment thereto. Such structures may remain and their nonconforming use may continue, provided that any enlargement of such structures must conform to all applicable requirements of this section. If such structures are damaged or destroyed by fire, explosion, or other calamity, they may be reconstructed, provided that when reconstructed they comply with all applicable requirements of this ordinance.

(Ord. of 6-7-82)

This category of nonconformance consists of lots used for storage and salvage yards, used car lots, auto wrecking and similar open uses when the only buildings on the lot are incidental and accessory to the open use of the lot and when such use is not permitted to be established hereafter under this ordinance or amendment thereto in the district in which it is located.

402.01 No such nonconforming use shall be enlarged or increased, nor extended to occupy a greater area of land than was occupied at the effective date of adoption or amendment of this ordinance.

402.02 No nonconforming use may be changed to another nonconforming use.

402.03 When any nonconforming use of land, in part or whole, is made to conform to the regulations for the district in which it is located, the part or whole which has been made to conform may not thereafter be changed in such a manner as would be nonconforming.

402.04 Nonconforming uses shall not be reestablished after discontinuance thereof for a period of 180 days, except in conformance with this ordinance.

402.05 Abandoned and/or dilapidated mobile homes located, stored or placed upon property in Halifax County shall not be permitted. Abandoned and/or dilapidated mobile homes must be properly removed or properly permitted to remain as outlined in the zoning ordinance, subdivision regulations, health regulations and all other applicable development regulations.

(Ord. of 6-7-82; Ord. of 1-8-01(1), § 1)

This category of nonconformance consists of buildings or structures used at the time of enactment of this ordinance or amendment thereto for purposes of a use not permitted in the district in which they are located. Such uses may be continued as follows:

403.01 Such nonconforming use shall neither be enlarged or increased, nor extended to occupy a greater area of land than was occupied at the effective date of adoption or amendment of this ordinance.

403.02 No such nonconforming use shall be allowed in whole or in part on any other portion of the lot or parcel not so used at the effective date of adoption or amendment of this ordinance.

403.03 No nonconforming use may be changed to another nonconforming use, except that the board of adjustment may permit as a conditional use a change in nonconforming use if the board determines that such new use would be more in character with the uses permitted in the applicable district than the previous use, provided that once the board of adjustment has permitted such substitution, the new use shall lose its status as a legal nonconforming use and become subject to any conditions required by the board of adjustment. Once such change has occurred use of the structure may not revert to the previous nonconforming use.

403.04 Where any use of a nonconforming structure is partly or wholly altered to conform to the regulations for the district in which it is located, the part or whole which has been made to conform may not thereafter be changed in such a manner as would make such use nonconforming.

403.05 Nonconforming uses of structures shall not be reestablished after discontinuance for a period of 180 days, except in conformance with this ordinance.

403.06 Maintenance and repairs necessary to keep a structure which is nonconforming in sound condition shall be permitted.

403.07 Should a nonconforming structure be destroyed by any means to an extent exceeding 60 percent of its appraised value at time of destruction, it may be reconstructed in conformity with the provisions of this ordinance within 180 days of the date of such destruction.

403.08 Existing churches which are nonconforming uses may be rebuilt regardless of the extent of the damage within a period of two years from the date of destruction.

(Ord. of 6-7-82)

To avoid undue hardship, nothing in this ordinance shall be deemed to require a change in the plans, construction, or designated use of any building which was actually under construction prior to the effective date of adoption or amendment of this ordinance if such actual building construction has been diligently pursued. "Actual construction" is hereby defined to include the placing of construction materials in permanent position and fastening the same in a permanent manner, provided that actual construction work must be diligently pursued until the completion of the building involved.

(Ord. of 6-7-82)

When the owner of a lot whose deed or plat was actually recorded [under] this ordinance or his successor in title thereto does not own sufficient land to enable him to conform to the dimensional requirements of this ordinance, such lot may be used as a building site for a single-family residence in a district in which such residences are permitted; provided, however, that the lot width and lot area can not be more than 20 percent below the minimum specified in this ordinance. In any case where the lot area and lot width are more than 20 percent below the minimum specified in this ordinance, or other dimensional requirements cannot be attained, the board of adjustment may approve as a special exception such dimensions as shall conform as closely as possible to the required dimensions.

(Ord. of 6-7-82)