(A) Within the Village there are some uses which may be nonconforming, the use was allowed when it was constructed and first used but does not meet the current zoning regulations. These nonconforming uses may have a right to remain and continue to be used as they were originally constructed and/or used, provided the original use has not been discontinued for longer than the periods set forth in subsection (G) as to particular types of nonconforming uses.
(B) Nonconforming Use Certificate: A Nonconforming Use Certificate is an official declaration issued by the Village confirming the legal nonconforming use status that is attached to the property for the benefit of current and future property owners to be assured that the current and/or original use may lawfully continue and are afforded the benefits identified in this subsection. The Certificate shall describe the nature and extent of the nonconformity and is an acknowledgement by the Village that the use was legal at the time of construction and original lawful use and was lawful prior to the adoption of the new zoning ordinance and is therefore allowed to lawfully remain so long as it is not discontinued under the provisions of subsection (G), or enlarged, extended, or intensified as proscribed by subsection (C).
(1) Issuance: Within 365 days of any use being made a nonconforming use as defined by Section 10.2
of this Ordinance, or within 365 after adoption of this Ordinance, whichever is later, such nonconforming uses may apply for a Nonconforming Use Certificate that shall be issued by the Village Planner upon the property owner providing documentation acceptable to the Village establishing the legal existence, nature, and extent of the original nonconforming use, and documentation that the original use has not been discontinued for the applicable periods set forth in subsection (G). As to requests for Nonconforming Use Certificates from owners of short term rental dwelling units in existence and operated prior to effective date of this Ordinance, proof sufficient to establish the lawful nonconforming status may include, among other forms of documentation, Moore County tax records, rental agreements and/or leases, occupancy tax records, and other similar types of documentation confirming and establishing the pre-existence of the nonconforming use for short term rental purposes. In all cases, the burden of establishing the nonconforming use lawfully exists shall be the responsibility of the property owner of the claimed nonconforming use and not upon the Village.
(C) Extension of Use: A nonconforming use of land shall not be enlarged, extended, or intensified in any way except as provided below;
(D) Continuation, Maintenance and Minor Repair: The continuation of a nonconforming use of land and the maintenance or minor repair of a structure containing a nonconforming use are permitted, provided that the continuation, maintenance, or minor repair does not extend, expand, or increase the intensity of the nonconforming use. For the purposes of its Section, maintenance or minor repair shall mean:
(1) Repairs that are necessary to maintain and to correct any damage or deterioration to the structural soundness or interior and exterior appearance of a building or structure without expanding or altering the building or structure;
(2) Maintenance of land areas to protect against health hazards and promote the safety of surrounding land uses;
(3) The addition of landscaping that increases the visual attractiveness of the property;
(4) Repairs which are required to remedy unsafe conditions which cause a threat to public safety; and
(E) Damage or Destruction: If a nonconforming use of land or a structure containing a nonconforming use is destroyed by any means other than Acts of God, to an extent greater than fifty percent (50%) of its replacement cost at the time of destruction, then such use shall not be reestablished in any way that does not conform to the requirements of this Ordinance. However, if the destruction is a result of acts of God the use and or structure can be reestablished to the previous extent;
(F) Change of Use: Any nonconforming use of land may be changed to a conforming use by securing all approvals and permits that this Ordinance requires for the intended or resulting use, building, structure, or lot. No nonconforming use may be changed to another nonconforming use unless the Village Council determines, after a public hearing is held, it is a change in use of a nonconforming use to a different, less intensive nonconforming use or a use more compatible with the Village Comprehensive Long Range Plan and Section 1.2
, Statement of Intent of this Ordinance;
(G) Cessation of Use: If a nonconforming use is discontinued for one hundred twenty (120) consecutive days or more, then the property shall thereafter be occupied and used only for a conforming use. If a nonconforming use of property is discontinued, but reestablished within one hundred twenty (120) days, then the nonconforming use may continue, provided that the nature and degree of the nonconformity will not be changed or increased from that which existed before the nonconforming use was discontinued. Nonconforming Banks, Credit Unions, Financial Services and Professional Services located within the VC (Village Commercial) Zoning District shall not be afforded the same one hundred twenty (120) days but rather a thirty (30) day cessation in use shall result in the discontinuation of that use and the space may only be re-occupied by a conforming use. If a nonconforming short term rental dwelling unit is not used for three hundred sixty-five (365) days or more, the use shall be deemed to have been discontinued and shall thereafter be used only for a conforming use.
(Ord. 22-15, passed 10-26-2022)