Except as specifically provided in this subchapter, it shall be unlawful for any person to engage in any activity that causes an increase in the extent of nonconformity of a nonconforming situation.

   (A)   A nonconforming use may be extended throughout any portion of a completed building that, when the use was made nonconforming by this chapter, or adoption of ordinances repealed by this chapter, was manifestly designed or arranged to accommodate these uses. However, a nonconforming use may not be extended to additional buildings or to land outside the original buildings.

   (B)   A nonconforming use of open land may not be extended to cover more land than was occupied by that use when it became nonconforming, except that a use that involves the removal of natural materials from the lot (e.g., a quarry) may be expanded to the boundaries of the lot where the use was established at the time it became nonconforming, if 10% or more of the earth products had already been removed at such time that zoning was adopted at the same location.

   (C)   Where a nonconforming situation exists, the equipment or processes may be changed if these or similar changes amount only to changes in degree or activity rather than changes in kind and no violations of other sections of this chapter occur.

   (D)   Physical alteration of structures or the placement of new structures on open land are unlawful if they result in:

      (1)   An increase in the total amount of space devoted to a nonconforming use; and/or

      (2)   Greater nonconformity with respect to dimensional restrictions such as yard requirements, height limitations, or density requirements.

   (E)   Minor repairs to and routine maintenance of property where nonconforming situations exist are permitted and encouraged.

(Ord. passed 10-17-2011) Penalty, see § 153.999

   A vacant lot of record established prior to the effective date of this chapter, or adoption of ordinances repealed by this chapter, which does not conform to the minimum lot requirement of the district in which it is located may be used as a building site for a use permitted within that district provided:

   (A)   All construction and the location of the building(s) shall be in accordance with the applicable front, side, and rear yard requirements of the zoning district in which located;

   (B)   The existing or proposed water and sewage disposal system is approved by the county’s Health Department and the county’s Department of Public Utilities, as appropriate; and

   (C)   All uses serviced by a private septic tank system shall have a minimum lot area of not less than 15,000 square feet of suitable or provisionally suitable soil, except in the case of a manufactured home park.

(Ord. passed 10-17-2011)

   The construction or erection of any nonconforming use may be completed, provided:

   (A)   All construction is done pursuant to a validly issued building permit; and/or

   (B)   If a minor subdivision has been approved and improvements completed (i.e., streets, water, and/or sewer) or a major subdivision has been approved and a multi-section manufactured home has been permitted and occupied on one or more lots in the subdivision prior to adoption of zoning at the same location, then the owner of a lot in any such subdivision may place a multi-section manufactured home on any other lot in the subdivision for residential purposes, provided all requirements of this chapter are met regarding front, side, and rear yard setbacks, and provided the water and sewage disposal systems have been approved by the county’s Health Department and the county’s Department of Public Utilities, as appropriate.

(Ord. passed 10-17-2011)

   Any structure used for single-family residential purposes and maintained as a nonconforming use or structure may be enlarged or replaced with a similar structure of a larger size, so long as the enlargement or replacement does not create new nonconformities or increase the extent of existing nonconformities with respect to yard size and setback requirements. In particular, a manufactured home may be replaced with a larger manufactured home, and a single-wide manufactured home may be replaced with a double-wide multi-section manufactured home. This paragraph is subject to the limitations stated in § 153.047. A structure that is nonconforming in any respect or a structure that is used in a nonconforming manner may be reconstructed or replaced if partially or totally destroyed, subject to the following restrictions.

   (A)   Residential structure nonconformities. A residential structure that is nonconforming in any respect and is partially or totally destroyed may be reconstructed or replaced, subject to the following restrictions:

      (1)   The replacement residential structure is similar in construction and design to the former structure. Provided however, that a stick built, single-family residence may only be replaced with another stick built, single-family residence and a manufactured home may be replaced with another manufactured home or a stick built, single-family residence;

      (2)   A letter granting approval for the replacement or reconstruction of a damaged residential structure with a similar residential structure is obtained from the Administrator within 12 months from the time the damage or destruction took place; and

      (3)   Notwithstanding § 153.040(D), a larger, single-family residential structure may be constructed in place of a smaller one and larger manufactured home intended for residential use may replace a smaller one. The reconstructed building may not be more nonconforming with respect to dimensional restrictions such as yard requirements, height limitations, or density requirements, and such dimensional nonconformities shall be eliminated if that can reasonably be accomplished without unduly burdening the reconstruction process or limiting the right to continue the nonconforming use of such building.

   (B)   Nonresidential structure nonconformities. Any other structure that is nonconforming in any respect or a structure that is used in a nonconforming manner may be reconstructed or replaced if partially or totally destroyed, subject to the following restrictions:

      (1)   A land use and zoning permit is obtained from the Administrator within 12 months from the time the damage or destruction took place;

      (2)   The total amount of space devoted to a nonconforming use may not be increased; and

      (3)   The reconstructed building may not be more nonconforming with respect to dimensional restrictions such as yard requirements, height limitations, or density requirements, and such dimensional nonconformities shall be eliminated if that can reasonably be accomplished without unduly burdening the reconstruction process or limiting the right to continue the nonconforming use of such building.

(Ord. passed 10-17-2011)

   All nonconforming signs existing on the effective date of adoption of zoning at the location of the sign may remain in place subject to the following requirements.

   (A)   Continuation of nonconforming signs.

      (1)   Existing nonconforming signs. All existing nonconforming signs shall adhere to the following regulations (excluding outdoor advertising/billboard signs).

         (a)   No nonconforming sign shall have any changes made in the words or symbols used or the message displayed on the sign unless the sign is specifically designed for periodic change of message (for example, billboards). However, this chapter shall not prohibit the normal maintenance of signs to keep them properly maintained.

         (b)   No nonconforming sign shall be structurally altered so as to change the shape, size, type, or design of the sign, nor shall any nonconforming sign be relocated.

         (c)   The addition of lighting or illumination to existing nonconforming signs is specifically prohibited as reasonable maintenance; however, such lighting may be permanently removed from such sign structure.

         (d)   No nonconforming sign shall be allowed to remain after the activity, business, or use to which it was related has been discontinued.

      (2)   Maintenance and repair of nonconforming signs.

         (a)   Nonconforming signs shall be allowed to perform reasonable repair and maintenance. The following activities are considered to be reasonable repair and maintenance (No building permit shall be needed to make the following repairs with exception of divisions (A)(2)(a)3. and (A)(2)(a)5. below):

            1.   Change of message or copy on the sign face;

            2.   Replacement of border and trim, stringer, or panel, with like material;

            3.   Repair and replacement of a pole(s), with like material;

            4.   Alterations of the dimensions of painted bulletins incidental to copy change; and

            5.   Any net decrease in the outside dimensions of the advertising copy portion of the sign; but if the sign face or faces are reduced they may not thereafter be increased.

         (b)   A nonconforming sign may continue as long as it is not abandoned, destroyed, discontinued, or significantly damaged as defined by this chapter. When the combined damage to the face and support poles appears to be significantly damaged the sign owner shall request the county’s Planning Department to review the damaged sign, including salvageable sign components, prior to the repairs being made. Should the sign owner perform repairs without notification to the Planning Department, the permit may be revoked or the sign shall be removed. To determine the percent of damage to the sign structure, the only components to be used to calculate this value are the sign face and support pole(s). The percent damage shall be calculated by dividing the unsalvageable sign components by the original sign structure component quantities, using the following criteria.

            1.   Signs on wooden poles. The percentage of damage attributable to poles shall be 50% and the percentage of damage attributable to sign face shall be 50%.

            2.   Signs on steel poles, beams, or monopoles. The percentage of damage attributable to poles shall be 80% and the percentage of damage attributable to sign face shall be 20%.

      (3)   Nonconforming outdoor advertising/billboard signs. 

         (a)   As per G.S. § 136-133.2, existing nonconforming outdoor advertising signs shall be allowed to be repaired or reconstructed so long as the square footage of its advertising surface area is not increased. This also includes the changing of an existing multipole outdoor advertising structure to a new monopole structure.

         (b)   All nonconforming outdoor advertising signs that are required to be permitted by NCDOT shall maintain all required permits in good standing for the life of the nonconformity. If at any point NCDOT revokes these permits, the nonconforming sign shall come into compliance with current regulations or be removed.

   (B)   Removal of nonconforming signs. Upon failure to comply with any of the above requirements, the Administrator shall cause the removal of any nonconforming signs as hereafter provided. The Administrator or his or her designated agent shall give the owner of the nonconforming sign notice of the violation. Notice to the owner or the occupant of the premises on which the sign is located shall be sufficient.

   (C)   Exception. Relocation of existing, nonconforming outdoor advertising signs located within the Highway Corridor Overlay (HCO) District shall be exempt from the regulations set forth in this subchapter, only as provided below:

      (1)   Relocation of existing, nonconforming outdoor advertising signs shall be permitted in cases where the location of the sign is preventing the location of a new business;

      (2)   The property on which the outdoor advertising sign is currently located and the proposed new location shall be under the same ownership;

      (3)   Relocated outdoor advertising signs shall meet § 153.159(I)(1) through (I)(4);

      (4)   In regards to spacing requirements, the proposed outdoor advertising sign shall comply with the most recent version of NCDOT’s Regulations for the Control of Outdoor Advertising in North Carolina; and

      (5)   Relocation of the outdoor advertising sign shall not be permitted until the first permit is issued on the new business.

(Ord. passed 10-17-2011; Res. passed 2-17-2014)

   (A)   Existing, unpermitted manufactured home parks. The purpose of this section is to provide for the permitting of previously unpermitted, nonconforming manufactured home parks, existing prior to September 15, 2003.

      (1)   Eligibility.

         (a)   Application shall be for a minimum of four manufactured homes.

         (b)   Previously permitted manufactured home parks that are now unpermitted shall not be eligible for permitting under this section.

         (c)   Manufactured home subdivisions, unless entirely included under single ownership, are not eligible.

         (d)   Application shall be for either one parcel of land or two or more contiguous parcels. In no case shall two or more noncontiguous parcels be considered eligible.

      (2)   Permitting procedure.

         (a)   A complete application shall be submitted to the county’s Planning Department. The Planning Department shall establish criteria for a complete application. All requirements shall be submitted with the application.

         (b)   Upon receipt of a complete application, the Administrator, or his or her designee, shall conduct a manufactured home park inspection. All requirements included in the “Manufactured Home Park Inspection Checklist”, available at the Planning Department Office, shall be met.

         (c)   The Administrator shall cause to be issued a provisional certificate of zoning compliance for the application following a passing manufactured home park inspection.

      (3)   Initial zoning verification requirements.

         (a)   Manufactured home parks permitted under the provisions included in this section shall meet the requirements set forth in §§ 153.115(F)(2) and 153.158. Parks permitted under these provisions shall be granted a probationary certificate of zoning compliance, valid for a period of 12 months.

         (b)   At the conclusion of a 12-month period, a manufactured home park inspection shall be performed. Passing manufactured home parks shall be issued a standard certificate of zoning compliance. Failure to meet the requirements shall result in the forfeiture of the certificate of zoning compliance.

   (B)   Existing, permitted manufactured home parks. The purpose of this division (B) is to regulate permitted, nonconforming manufactured home parks.

         (1)   Parks existing prior to September 15, 2003. Manufactured home parks existing prior to September 15, 2003 shall, within 12 months, be required to comply with §§ 153.061(I), 153.106, and 153.115(F)(3).

         (2)   Alteration and expansion of existing parks. Existing parks shall not be allowed to alter or expand the number of lots or acreage unless the park receives approval as required by § 153.064, and complies with the requirements set forth in this chapter.

         (3)   Manufactured homes. After September 15, 2003, no manufactured home built prior to July 15, 1976 will be allowed to locate or move within a manufactured home park or within the jurisdiction of the county.

(Ord. passed 10-17-2011; Res. passed 5-18-2015)

   Communications towers existing prior to the adoption of the Communications Tower Ordinance on December 4, 2000 or permitted prior to the adoption of this chapter shall be allowed to continue to operate provided they met the requirements set forth by the county at the time of final inspection; not including any communications towers that are currently in violation of this chapter and pre-existing Communications Tower Ordinance (see Chapter 154) of the county.

(Ord. passed 10-17-2011)

   (A)   General. For purposes of determining whether a right to continue a nonconforming situation is lost pursuant to this subchapter, all of the buildings, activities, and operations maintained on a lot are generally to be considered as a whole. For example, the failure to rent one space in a nonconforming manufactured home park for 180 days shall not result in the loss of the right to rent that space thereafter so long as the manufactured home park as a whole is continuously maintained and has a valid certificate of zoning compliance. But if a nonconforming use is maintained in conjunction with a conforming use, discontinuance of a nonconforming use for the required period shall terminate the right to maintain it thereafter. And so, if a manufactured home is used as a nonconforming use on a residential lot where a conforming residential structure also is located, removal of that manufactured home for 180 days terminates the right to replace it.

   (B)   Change of nonconforming uses. Any nonconforming use may be changed to a conforming use, or with the approval of the Board of Adjustment, to any use more in character with the uses permitted in the district. In permitting such changes, the Board of Adjustment may require appropriate conditions and safeguards in accordance with the provisions of this chapter.

   (C)   Abandonment and discontinuance of nonconforming situations.

      (1)   When a nonconforming use is discontinued for a consecutive period of 180 days, the property involved may thereafter be used only for conforming purposes.

      (2)   If a structure or operation is vacant or discontinued at the effective date of this chapter, the 180-day period, for purposes of this subchapter, shall begin at such date. In cases when a manufactured home is declared abandoned by the Administrator, such 180-day period shall expire upon official date of the declaration.

(Ord. passed 10-17-2011; Res. passed 5-18-2015)