Except as hereinafter provided for, no building, structure, or premises shall be used and no building or part thereof, shall be erected, reconstructed, enlarged or altered except in conformity with the regulations prescribed by this Ordinance.

After the effective date of this Ordinance, land or structures, or the uses of land or structures, which would be prohibited under the regulations for the district in which it is located, shall be considered as nonconforming. It is the intent of this Ordinance to permit these nonconforming uses to continue, provided they conform to the following provisions:

2.1.

Nonconforming Land. A nonconforming lot, which was created before the adoption of the Subdivision Ordinance, qualifies for a zoning permit, provided that the nonconforming lot of record meets current setback regulations and any applicable road access standards. If setbacks and road access requirements cannot be met, the Board of Adjustment may approve a variance, on a case by case basis.

2.1.1.

Any subdivision that was recorded prior to the Montgomery County Subdivision Ordinance of September 22, 1969 shall be exempt from the minimum lot size only if all setbacks can be met and an approved septic tank permit or an approved existing system permit is provided to the building inspector when applying for an application to build a structure.

2.2.

Nonconforming Use. Where the use of land or of any building is nonconforming, such use shall not hereafter be enlarged or extended in any way.

A.

A nonconforming use shall not be expanded to any lot or lots adjacent to the lot upon which it was located at the time of enactment of this Ordinance, even though such additional lots may be at that time or thereafter in the same ownership as the lot containing the nonconforming use.

B.

A nonconforming use shall not be changed to any other use unless such use is listed as a permitted use for the district in which the nonconforming use is located.

C.

If the nonconforming use is housed within a structure, the structure shall not be enlarged or expanded while such use is continued. If a nonconforming use is discontinued for nay period for the purposes of enlarging or expanding a structure, every future use of the premises shall be a conforming use. Normal maintenance and repair and any alterations necessary to meet the specifications of this or other ordinances of the county shall be permitted.

D.

If a building housing a nonconforming use is damaged or destroyed by any means to the extent that the value of the remaining structure is less than forty (40) percent of the cost of replacing the original structure at the time of such damage or destruction, the structure shall not be repaired or replaced unless the nonconforming use is discontinued and all future uses of the premises shall be permitted uses.

E.

If a building housing a nonconforming use is removed, it shall not be replaced unless the use of the replacement building be a permitted use in the district in which the building is located.

F.

If a nonconforming use is discontinued for any reason for a continuous period of 180 days, every future use of the premises shall be a conforming use.

2.3.

Nonconforming Buildings. If a building is nonconforming, it may be enlarged in any way that will not increase the extent of nonconformity, nor create any new nonconformity, provided that the use of the building is a permitted use for the district in which the building is located.

A.

If a nonconforming building is removed, it shall be replaced only with a building, which conforms in every way with the provisions of this Ordinance.

B.

If a nonconforming building is damaged or destroyed by any means to the extent that the value of the remaining structure is less than forty percent of the cost of replacing the original structure at the time of such damage or destruction, the structure shall not be repaired or replaced unless the next structure and use meet all the requirements of this Ordinance.

2.4.

Exception Permitted for Owner-Occupied Residences. Residences in Commercial or Industrial zones which are nonconforming uses but are occupied for such use by the owner of the residence may be rebuilt regardless of the extent of damage or destruction and may be enlarged or expanded, provided that:

A.

They meet the minimum dimensional requirements for the district in which they are located;

B.

In the event of repairing damage, such rebuilding or repairs shall be made within 180 days of the date of such damage;

C.

The building contains only one residential unit; and

D.

All repairs and construction shall be in conformance with any other applicable ordinances or regulations.

2.5.

Nonconforming Signs. If any sign shall be nonconforming, such sign shall be required to conform to the provisions of this Ordinance within two years of the effective date of this Ordinance.

(Ord. of 11-29-2005(4); Ord. of 11-20-2007)

This Ordinance shall be administered and enforced by a Zoning Administrator or Administrators who shall be designated by the Board of County Commissioners.

3.1.

Zoning Permits (Certificates of Zoning and Watershed Protection Compliance).

No building or use of land, other than a bona fide farm and its customary appurtenances, in any residential, commercial, or industrial district shall hereafter be erected, commenced, reconstructed, enlarged or altered unless and until a zoning permit therefor is obtained from the Zoning Administrator. A record of all permits shall be kept on file in the county Inspections Department and copies shall be furnished upon request to any person.

Zoning Permits shall be void after six (6) months from the date of issuance unless substantial progress on the project has been made by that time or unless a Building Permit has been issued. If after commencement, the work is discontinued for any period of twelve (12) months, the Zoning Permit shall immediately expire and further work as described in the expired permit shall not proceed unless and until new Zoning and Building Permits have been obtained.

3.2.

Zoning Application. Each application for a Zoning Permit in a Commercial or Industrial Zone shall be accompanied by two (2) sets of plans drawn to scale, one (1) of which shall be returned to the applicant upon approval. The plan shall show the following:

A.

The shape and dimensions of the lot on which the proposed building or use is to be erected or conducted;

B.

The location of said lot with respect to adjacent rights-of-way;

C.

The shape, dimensions, and location of all buildings, existing and proposed, on the said lot;

D.

The nature of the proposed use of the building or land, including the extent and location of the use, on the said lot;

E.

The location and dimensions of off-street parking and loading space and means of ingress and egress to such space;

F.

The square feet and percentage of lot as built-upon area; and

G.

Any other information which the Planning Board of County Commissioners, or Zoning Administrator may deem necessary for consideration in enforcing the provisions of this Ordinance.

For a Residential Zoning Permit, the supplied application from the Planning Department will contain information needed by the Inspections Department.

3.3.

Issuance of Zoning Permits. Prior to issuance of the permit, the Zoning Administrator may consult with qualified personnel for assistance to determine if the application meets the requirements of this Ordinance. If the proposed activity as set forth in the application is in conformity with the provisions of this Ordinance, the Zoning Administrator shall issue a permit. If any application for a Zoning Permit is not approved, the Zoning Administrator shall state in writing on the application the cause for such disapproval. Issuance of a permit shall, in no case, be construed as waiving any provision of this or any other ordinance or regulation.

3.4.

Certificates of Occupancy (Watershed Protection Occupancy Permits). No new building, or part thereof, shall be occupied, no addition or enlargement of any existing building shall be occupied, no existing building after being altered or moved shall be occupied, and no change of occupancy shall be made in any existing building, or part thereof, until the Building Inspector or Zoning Administrator has issued Certificate of Occupancy therefor. The change of occupancy provision shall not apply on rooms intended for transient rental, or to re-rental of residential units, or to a change in occupant not representing a change in use.

A Temporary Certificate of Occupancy may be issued for a portion or portions of a building, which may safely be occupied prior to final completion and occupancy of the entire building or for other temporary uses.

Application for a Certificate of Occupancy may be made by the owner or his agent at the same time as submitting an application for a Building Permit, if needed, or for a Zoning Permit. In cases requiring a Building Permit, the Certificate of Occupancy shall be issued automatically by the Building Inspector after all final inspections have been made.

In the case of existing buildings or other uses not requiring a Building Permit, after supplying the information and data necessary to determine compliance with this Ordinance and appropriate regulatory codes of the county for the occupancy intended, the Zoning Administrator shall issue a Certificate of Occupancy when, after examination and inspection, it is found that the building or use in all respects conforms to the provisions of this Ordinance and appropriate regulatory codes of the county for the occupancy intended.

Any case involving an appeal or variance requires a public hearing to be held by the Board of Adjustment and any case involving a Conditional Use Permit, a change of zoning district classification or other ordinance changes requires a public hearing to be held by the Board of County Commissioners. The Planning Board may also hold a public hearing

Notice of the public hearing shall be published in a newspaper of general circulation in Montgomery County at least once a week for two successive weeks prior to the hearing, the first publication being not less than ten (10) days nor more than twenty-five (25) days before the date of the hearing, and, in the case of changing zoning classifications, by mailing notices to all owners of property proposed for rezoning and to adjoining property owners in the case of rezoning and Conditional Use Permit applications. Notice may also be made by posting the property concerned.

When a zoning reclassification is proposed, notices of the public hearing shall be mailed by first class mall to the property owners of each affected property and adjacent property owners. The names of the owners and addresses used shall be those listed in the county tax listings and tax abstracts. The Zoning Administrator, or his designated agent, shall mail the notices and certify that fact to the Board of County Commissioners. Such certification shall be deemed conclusive in the absence of fraud.

In the case of a rezoning that directly affects more than fifty (50) properties owned by a total of at least fifty (50) different property owners, where the reclassification is an amendment to the zoning text, where the zoning is an initial zoning of the entire zoning jurisdiction area, or the county is adopting a water supply watershed protection program as required by G.S. 143-214.5, the county shall, instead of mailing notices to each property owner, publish once a week for four successive calendar weeks in a newspaper having general circulation in the area, maps showing the boundaries of the area affected by the proposed ordinance or amendment. The map shall not be less than one-half of a newspaper page in size. The notice shall only be effective for property owners who reside in the area of general circulation of the newspaper which publishes the notice. Property owners who reside outside the county's jurisdiction or outside of the newspaper circulation area, according to the address listed on the most recent property tax listing for the affected property shall be notified by mail as described in the previous paragraph.

After a public hearing has been held and approval granted for a conditional use or variance, the Board of Adjustment of Board of County Commissioners, whichever originally granted approval, may reverse any decision without a public hearing upon finding one or more the following:

A.

That the approval was obtained by fraud.

B.

That the use for which such approval was granted is not being executed.

C.

That the use for which such approval was granted has ceased to exist or has been suspended for six (6) months.

D.

That the permit granted is being, or recently has been exercised contrary to the terms or conditions of such approval.

E.

That the permit granted is in violation of an Ordinance or statute.

F.

That the use for which the approval was granted was so exercised as to be detrimental to the public health or safety, or so as to constitute a nuisance.

The Zoning Administrator shall give the permittee written notice of intention to revoke such permit at least ten (10) days prior to a public review thereof. After the conclusion of the review, the Board may revoke the permit.

Appeals may be taken to the Board of County Commissioners by any person, firm, or corporation aggrieved, or by any officer, department, or board of the county affected by any decision of the Planning Board. Such appeals shall be filed with the Board of County Commissioners by notice specifying the grounds for appeal. Appeal shall be filed in writing within sixty (60) days from the date of the action being appealed.

Appeals may be taken to the Board of Adjustment (also serving as the Watershed Review Board) by any person, firm, or corporation aggrieved, or by any officer, department, or board of the county affected by any decision of the Zoning Administrator, or his authorized agent, thought to be in error. Such appeals shall be filed with the Board of Adjustment by notice specifying the grounds for appeal. Appeal shall be filed in writing within sixty (60) days from the day of the action being appealed. The officer from whom the appeal is taken shall forthwith transmit to the Board of Adjustment all papers constituting the record upon which the action appealed from was taken together with any additional written reports or documents as he deems pertinent.

The Board of Adjustment may, after the public hearing, so long as such action is in conformity with the terms of this Ordinance, reverse or affirm, wholly or in part, or may modify any order, requirement, decision, or determination as ought to be made, and to that end shall have the powers of the Zoning Administrator, from whom the appeal is taken.

Further appeals from the Board of Adjustment or from any action of the Board of County Commissioners shall be taken directly to the courts or otherwise as provided by law.

Each applicant for an appeal from an administrative decision, for a Zoning Permit, for a variance, for a Conditional Use Permit, or with a request for rezoning or other change in this Ordinance shall pay a nonrefundable fee, according to the schedule of fees adopted by the Board of County Commissioners, to Montgomery County to cover the costs of advertising and administration. A receipt for this fee shall be issued by the county. This fee, however, shall not apply to requests originating with any department, board, or agency of Montgomery County.

$100 Temporary Use (Accessory Mobile Home—Custodial Relationship) Application fee (Covers certified mail cost of adjacent property letters, staff time, and advertisement fees).

(Ord. of 12-18-2007(2))

The Board of County Commissioners shall appoint an individual to act as Zoning Administrator. The Zoning Administrator, or his authorized agent, is hereby authorized, and it shall be his duty, to enforce the provisions of this Ordinance. This official shall have the right to enter upon the premises at any reasonable time necessary to carry out his duties. It is the intention of this Ordinance that all questions arising in connection with enforcement and interpretation shall be presented first to the Zoning Administrator. Appeal from his decision shall be made to the Board of Adjustment and thence to the courts, as provided by law.

In administering the provisions of this Ordinance, the Zoning Administrator, also known as the County Planner, or Planning Director, shall:

A.

Serve as the Watershed Administrator.

B.

Make and maintain records of all applications for permits and requests listed herein, and records of all permits issued or denied, with notations of all special conditions or modifications involved.

C.

File and safely keep copies of all plans submitted, and the same shall from a part of the records of his office and shall be available for inspection at reasonable times by any interested person.

D.

Transmit to the appropriate board of commission and the Board of County Commissioners all applications and plans for which their review and approval is required.

E.

Conduct inspections of premises and, upon finding that any of the provisions of this Ordinance are being violated, notify in writing the person responsible for such violations, indicating the nature of the violation and ordering the action necessary to correct it.

F.

Issue Zoning and Occupancy Permits as prescribed herein. A record of all permits shall be kept on file and shall be available for public inspection during regular office hours of the Administrator.

G.

Keep records of all amendments to the local water supply watershed protection provisions and shall provide copies of all amendments, upon adoption, to the Division of Water Quality.

H.

Keep records of the county's utilization of the provision that a maximum of ten percent (10%) of the noncritical area of the watersheds in the county may be developed with nonresidential development to a maximum of seventy percent (70%) built-upon surface area. In ES-IV watersheds these records include property developed under the 10/70 option. (See Section 13.5.) Records of each watershed shall include the total acres of noncritical watershed area, total acres eligible to be developed under this option, total areas approved for this development option, and individual records for each project with the following information location, acres, site plan, use, and stormwater management plan, as applicable.

I.

Keep a record of variances to the local water supply watershed protection provisions. This record shall be submitted for each calendar year to the Division of Water Quality on or before January 1st of the following year and shall provide a description of each project receiving a variance and the reasons for granting the variance.

J.

The Zoning Administrator shall be authorized to issue other permits as required by this Ordinance or the Board of County Commissioners.