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§ 152.098  RESPONSIBLE PERSONS.
   Any person who violates this chapter shall be subject to the remedies and penalties set forth in this subchapter.
(Ord. passed 3-5-2018)
§ 152.099  ENFORCEMENT GENERALLY.
   (A)   Responsibility for enforcement. The Ordinance Administrator shall be responsible for enforcing the provisions of this chapter in accordance with G.S. §§ 160A-174, 160A-175 and 160A-193.
   (B)   Complaints regarding violations. Whenever a violation of this chapter occurs, or is alleged to have occurred, any person may file a complaint. The complaint, stating fully the cause and basis therefor, shall be filed with the Ordinance Administrator, who shall properly record such complaint, investigate and take appropriate action as provided by this chapter.
   (C)   Enforcement procedures.
      (1)   Notice of violation.
         (a)   When the Ordinance Administrator finds a violation of this chapter, he shall take appropriate action to remedy the violation consistent with § 152.999(A) of this chapter. The Ordinance Administrator shall notify, in writing, the person violating this chapter. Such notification shall indicate:
               1.   The nature of the violation;
               2.   Order the necessary action to abate the violation; and
               3.   Give a deadline for correcting the violation.
         (b)   The final notice of violation (the initial notice of violation may also be the final notice of violation) shall state what course of action is intended if the violation is not corrected within the time frame specified by the Ordinance Administrator. The notice of violation shall also advise the violator of his or her rights to appeal the notice of violation to the Board of Adjustment (BOA) within 30 days of the date the final notice of violation was issued.
      (2)   Application of remedies and penalties. If the owner, occupant or person responsible for the violation fails to comply with the final notice of violation from which no appeal has been taken within 30 days, as provided in the notification, the Ordinance Administrator shall take appropriate action, as provided in § 152.999(A) of this chapter, to correct and abate the violation and to ensure compliance with this chapter.
   (D)   Statute of limitations. The state’s General Assembly passed a bill signed into law by the Governor limiting enforcement of zoning violations. The bill became law in 2017 and is effective 10-1-2018. The law creates a five-year and a seven-year limitation for enforcing zoning violations, dependent upon on the circumstances of a violation.
(Ord. passed 3-5-2018)
Statutory reference:
   Statute of Limitations/Land Use Violations, Senate Bill 0131: Section 2.15(a) (Five years); Section 2.15(b) (Seven years); Section 2.15(c) (Effective date).)
NON-CONFORMITIES
§ 152.110  GENERAL APPLICABILITY.
   (A)   Purpose and scope.
      (1)   General. In the provisions established by this chapter, there exist uses of land, structures, lots of record and signs that were lawfully established before this chapter was adopted or amended, that now do not conform to its terms and requirements. The purpose and intent of this chapter is to regulate and limit the continued existence of those uses, structures, lots of record and signs that do not conform to the provisions of this chapter, or any subsequent amendments.
      (2)   Permit, but not encourage non- conformities to continue. It is the intent of this chapter to permit most of these non-conformities to continue until they are removed, but not to encourage their survival, except under the limited circumstances established in this subchapter. The provisions of this subchapter are designed to curtail substantial investment in non-conformities.
   (B)   Authority to continue. Non-conformities are allowed to continue in accordance with the requirements of this subchapter, and are encouraged to receive routine maintenance as a means of preserving safety and appearance.
   (C)   Determination of non-conforming status. In all cases, the burden of establishing that a non- conformity lawfully exists shall be the responsibility of the owner of the land on which the alleged non- conformity is located.
   (D)   Minor repairs and maintenance. Minor repairs and normal maintenance that are required to keep non-conforming uses, structures, lots of record and signs in a safe condition are permitted; provided, the minor repair or maintenance does not extend, expand or enlarge the non-conforming use, structure, lot of record or sign. For the purposes of this section, MINOR REPAIR OR NORMAL MAINTENANCE shall mean:
      (1)   Maintenance of safe condition. Repairs that are necessary to maintain a non-conforming use, structure, lot of record or sign in a safe condition; and
      (2)   Maintenance of land for safety. Maintenance of land areas to protect against health hazards and promote the safety of surrounding land, structures and uses.
(Ord. passed 3-5-2018)
§ 152.111  NON-CONFORMING USES.
   (A)   General. Non-conforming uses are declared generally incompatible with the permitted uses in the district in which they are located and with the provisions of this chapter. Non-conforming uses shall be subject to the standards in this section.
   (B)   Change of use. A non-conforming use shall not be changed to any other non-conforming use. Once a non-conforming use has ceased to operate or been discontinued for a period of 180 days or longer, it shall only be replaced with a conforming use.
   (C)   Expansion and enlargement. Except in accordance with this section, a non-conforming use shall not be enlarged, expanded in area occupied or intensified. An existing non-conforming use may be enlarged into any portion of the structure where it is located; provided, the area proposed for expansion was designed and intended for such use prior to the date the use became a non-conformity. Such expansion may only be authorized through the review and approval of a site plan.
   (D)   Discontinuance. A non-conforming use shall not be re-established after discontinuance for a period of 180 consecutive calendar days or more. Efforts to renovate or repair the use are not considered a vacancy, abandonment or discontinuance; provided, all appropriate development approvals are obtained and provided the renovation or repair is completed within 180 days from commencement or repair or renovation, and the use is re-established within 30 days from the time the renovation or repairs are completed. Failure to complete the repairs or renovation within 180 days or re-establish the use within 30 days following repairs or renovation shall constitute discontinuance and a non-conforming use shall not be re-established.
   (E)   Accessory uses. Once a non-conforming principal use is discontinued, all associated accessory uses shall cease operations within 30 days.
   (F)   Reconstruction after casualty damage.
      (1)   Destruction or damage beyond 50% of tax value.
         (a)   In the event a structure housing a non-conforming use is damaged or destroyed, by any means, to an extent more than 50% of its structural replacement cost (tax value) at the time of damage or destruction, shall only be restored in a manner that conforms with the provisions of this chapter.
         (b)   New construction (including the establishment of off-street parking, landscaping, signage and other site features) shall be in accordance with the requirements of this chapter.
      (2)   Damage of 50% or less of tax value.
         (a)   In the event a structure housing a non-conforming use is damaged or destroyed, by any means, to an extent of 50% or less of its structural replacement cost (tax value) at the time of damage or destruction, it may be re-built to its previous form if a building permit for such repair or restoration is obtained within 180 days of the casualty damage and repair or restoration is actually begun within one year after the date of such partial damage or destruction and is diligently pursued to completion.
         (b)   In no event shall repair or restoration increase the degree of non-conformity.
(Ord. passed 3-5-2018)
§ 152.112  NON-CONFORMING STRUCTURES.
   (A)   General. A non-conforming principal structure containing a conforming use may only continue in accordance with the provision of section. For a non-conforming principal structure and a non-conforming use see § 152.111 of this chapter.
   (B)   Continuation. Normal repair and maintenance may be performed to allow the continued use of non-conforming structures.
   (C)   Enlargement. A non-conforming structure shall not be enlarged or expanded in any way that increases the degree of non-conformity. (For example, a structure that has a five-foot side yard setback where the chapter requires a ten-foot side yard setback cannot be enlarged so as to further encroach into the side yard setback.) Expansion of the structure in a way that complies with applicable dimensional standards or that decreases the degree of non- conformity is permitted.
   (D)   Relocation. A non-conforming structure shall not be moved, in whole or in part, to another location within the town’
   (E)   Reconstruction after casualty damage.
      (1)   Destruction or damage beyond 50% of tax value.
         (a)   In the event a non-conforming structure (or portion of a structure) is damaged or destroyed, by any means, to an extent more than 50% of its structural replacement cost (tax value) at the time of damage or destruction, it shall only be restored in a manner that conforms with the provisions of this chapter.
         (b)   New construction (including the establishment of off-street parking, landscaping, signage and other site features) shall be in accordance with the requirements of this chapter.
      (2)   Damage of 50% or less of tax value.
         (a)   In the event a non-conforming structure is damaged or destroyed, by any means, to an extent of 50% or less of its structural replacement cost (tax value) at the time of damage or destruction, it may be re-built to its previous form if a building permit for such repair or restoration is obtained within 180 days of the casualty damage, and repair or restoration is actually begun within one year after the date of such partial damage or destruction and is diligently pursued to completion.
         (b)   In no event shall repair or restoration increase the degree of non-conformity.
(Ord. passed 3-5-2018)
§ 152.113  NON-CONFORMING LOTS OF RECORD.
   No use or structure shall be established on a non- conforming lot of record, except in accordance with the standards in this section.
   (A)   Status of structures on non-conforming lots.
      (1)   Conforming structures legally established on a non-conforming lot prior to 3-2-2009 may be continued, enlarged, extended, reconstructed or structurally altered in any way that is in conformance with the standards of this chapter.
      (2)   Non-conforming structures legally established on a non-conforming lot prior to the effective date of this chapter may be continued, enlarged or redeveloped only in accordance with the standards in § 152.112 of this chapter.
   (B)   Development of unimproved lots.
      (1)   Residential districts. In the residential zoning districts, notwithstanding limitations imposed by other provisions of this chapter, a single-family detached dwelling and customary accessory structures may be developed on any single lot of record existing on 3-2-2009. This provision applies even if the lot of record fails to comply with the standards for area or width in § 152.134 of this chapter. Development of a single-family detached dwelling on the lot of record shall comply with the other standards in § 152.134 of this chapter, to the maximum extent practicable.
      (2)   Non-residential districts. In the non- residential zoning districts, notwithstanding limitations imposed by other provisions of this chapter, a permitted use may be developed on any single non- conforming lot of record existing on 3-2-2009, or the date the lot of record became non-conforming, subject to review and approval of a special use permit. This provision shall apply even though the lot of record fails to comply with the standards for lot area that are applicable in the zoning district. In considering the application for a special use permit, the Board of Adjustment shall ensure the design and location of the proposed use is compatible with surrounding uses. Development of the permitted use on the lot of record shall comply with the other standards in § 152.134 of this chapter, to the maximum extent practicable.
      (3)   Recombination required. In the event that a vacant non-conforming lot is located adjacent to a lot under common ownership, and the adjacent lot has sufficient size to allow for a lot line adjustment as a means of bringing the vacant lot closer into conformity with the requirements of the zoning district where its located, then such lot line adjustment shall be required as a condition of approval for development on the vacant non-conforming lot.
   (C)   Development of improved lots in residential districts after casualty. If a legally established single-family attached or detached use is destroyed by casualty on a non-conforming lot in a residential zoning district that was part of a subdivision or division of land evidenced by plat or deed, or both, recorded prior to 3-2-2009, an identical replacement use may be reconstructed within the same footprint as the use destroyed by casualty even though the lot does not meet the minimum lot area or lot width requirements.
   (D)   Governmental acquisition of land in a residential district. Governmental acquisition of a portion of a lot for a public purpose that results in a reduction in lot width and/or lot area below that required in § 152.134 of this chapter shall not render the lot non-conforming.
   (E)   Change of non-conforming lot. A non- conforming lot may be increased in area, width or both, through a lot line adjustment in accordance with the requirements of the recombination plat procedures, to make the lot less non-conforming.
(Ord. passed 3-5-2018)
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