(A) Definition and purpose. A NON-CONFORMITY is any use, building, structure or lot which fails to comply with one or more of the applicable regulations or standards established herein. A LEGAL NON-CONFORMITY is a non-conformity which lawfully existed prior to the adoption of this subchapter. A legal non-conformity is also any use, building, structure or lot which was lawfully created, constructed, and the like, under this subchapter. but which was subsequently rendered non-conforming due to circumstances that were not self-created.
(B) Continuation, maintenance and repair allowed without permit. Except as provided in division (H) below, the continuation of any legal non-conformity and the normal maintenance and repair thereof is allowed without a general or special use approval. Normal maintenance and repair means that which is necessary to maintain and to correct any damage or deterioration to the structural soundness or to the exterior or interior appearance of a building or structure. The continuation of a legal non-conformity other than normal maintenance and repair shall be classified as an alteration, expansion, change, rebuilding, or resumption as defined in division (F) below.
(C) Bringing non-conformity into compliance.
(1) The owner of a non-conformity may bring it into compliance by securing any permit or approval which would have been required in the first instance for the intended or resulting use, building, structure or lot under this subchapter, or any other applicable local law. For example, if the owner of a building wants to change its use from one which is not allowed under this subchapter, to one which is allowed pursuant to a general use permit, he or she may secure a general use permit and thus eliminate the non-conformity. Likewise, approval may be secured under this jurisdiction’s subdivision regulations to recombine two lots which do not comply with the minimum area regulations for building lots into one which does.
(2) The provisions in this section are primarily intended to deal with those situations where a non-conformity may easily be brought into compliance. In contrast, the procedures and standards in division (F) below are primarily intended to deal with those situations where it may be difficult or expensive to bring a non-conformity into compliance, but the owner nevertheless wants permission to alter, expand, change, rebuild or resume it.
(D) Failure to bring illegal non-conformity into compliance. Failure to bring an illegal nonconformity into compliance will subject the property owner to enforcement under the provisions of G.S. § 160D-404 and § 154.005-11. If an illegal non-conformity has not been brought into compliance within 90 days after enforcement remedies are exhausted, the county is authorized to petition the courts for an injunction and/or order of abatement as described below.
(E) Reservation of authority of deal with non-conformities under other powers.
(1) Notwithstanding the policies and provisions of this subchapter, with respect to non-conformities, the governing body expressly reserves its authority to initiate court-ordered action against unlawful uses, buildings, structures and lots, including those which unlawfully existed prior to the adoption of this subchapter, and to control or abate noxious uses, to require the repair or demolition of unsafe buildings or structures, or to control or eliminate unsafe or hazardous conditions through the exercise of any powers other than the ones exercised under this subchapter.
(2) Where for any reason a non-conforming use is determined to be subject to enforcement action due to termination of its grandfathered status, such action shall be brought within ten years after the termination.
(F) Special use permit required for any proposed alteration, expansion, change, rebuilding, or resumption of a non-conformity. The altering, expanding, changing, rebuilding or resuming of a non-conformity is only allowed pursuant to a special use permit under §§ 154.010
. Special use permits for these types of non-conformities are issued by the Planning Board for proposals located in the VR District, and the Board of Adjustment for proposals located in all other districts. A petition for a special use permit shall be filed with the Surry County Zoning Administrator. The Planning Board or Board of Adjustment shall fix a time and place for the hearing, give notice thereof to the interested parties and the public, and render and give notice of its decision.
(1) The terms altering, expanding and changing shall be strictly construed.
(2) Rebuilding means the rebuilding, reconstruction or restoration of any nonconforming building or structure which was damaged or partially destroyed by an exercise of the power of eminent domain or by fire, flood, wind, explosion or other calamity or act of God, if the cost of the rebuilding, reconstruction or restoration will be 50% or more of the replacement cost of such building or structure at the time such damage or destruction occurred. If the cost will be less than 50% of the replacement cost, a special use permit must, nevertheless, be obtained from the Board of Adjustment under the procedures of §§ 154.010, but the Board of Adjustment is only required to find that the nature and degree of the non-conformity will not be changed or increased from that which existed prior to the damage or destruction.
(3) Resuming means the reusing or reoccupying of a non-conforming building or structure which was unused or unoccupied for a continuous period of 365 days or more, or the resuming of a non-conforming use which was ceased for a continuous period of 120 days or more. If a non-conforming building or structure is reused or reoccupied or a previously ceased use is resumed within a lesser period of time, no permit is required under this subchapter as long as the nature and degree of the non-conformity will not be changed or increased from that which existed before the non-conformity became unused, unoccupied or ceased.
(4) Ceased means that a use or occupation has ended and activity has been discontinued. For purposes of this subchapter, the ending, cessation, or abandonment of a use or occupation shall not be interpreted to require the intent to do so permanently or for any given period of time.
(5) The Zoning Administrator shall be permitted to approve minor alterations and additions, for loading, office or storage area expansions only, to a non-conformity so long as the addition or alteration does not exceed 25% of the existing square footage, not to exceed 3,000 square feet, of the structure. This exception shall only be permitted once every three years per non-conformity.
(6) In acting upon a petition for a special use permit, the Board of Adjustment cannot order the discontinuance or termination of a non-conformity, refuse to allow the development of a vacant lot, or refuse to allow the alteration, expansion, change, rebuilding or resumption of a non-conformity which cannot comply with the yard and height regulations. If a petition is denied, the continuation of a non-conformity and the normal maintenance and repair thereof will still be allowed under this chapter without a general or special use permit. This policy is adopted to encourage owners of non-conformities to apply for permits to improve and bring them into conformance to the extent possible without imposing any unreasonable sanctions if total conformance is not possible under the regulations of this chapter.
(G) Grandfathered non-conforming automobile salvage yards and junkyards.
(1) Yards eligible for grandfathered status. In order to be eligible to be grandfathered as a non-conformity under this chapter, an automobile salvage yard or junkyard must meet the following criteria:
(a) The yard was permitted and registered prior to September 17, 2001 under the Automobile Salvage Yard and Junkyard Ordinance adopted on August 1, 1992; and
(b) The yard was permitted and registered under the Grandfathered Salvage Yards and Junkyards Amendment passed by the Surry County Board of County Commissioners on September 18, 2006 (hereinafter the "2006 GF Amendment”);
(c) The yard must be on the list of active yards as of January 1, 2007 maintained by the Planning and Development Office; and
(d) The grandfathered status of the yard must not have been lost by abandonment, cessation, or discontinuation, by administrative action of Surry County, or otherwise.
(2) Level of yard usage grandfathered. Unless a special use permit is obtained, the level of usage of a grandfathered yard may not exceed the highest level of use which occurred on the property during the seven years prior to the enactment of this chapter.
(3) Reregistration and application for interim operating permit. All grandfathered yards remaining in operation after the date this chapter is enacted are required to reregister with Development Services and apply for an interim permit to operate a grandfathered yard within six months of the date this chapter is enacted. Failure to do so within the six month period will mean that the grandfathered use has been discontinued. The application shall be accompanied by a $200 administrative fee. Within 90 days after said application has been submitted, Development Services shall inspect the subject property. If Development Services determines that the yard meets the eligibility requirements set forth above, Development Services shall issue an interim operating permit. If Development Services finds that the yard is not eligible for grandfathered status, Development Services shall deny the application for an interim operating permit. A denial will constitute a final agency action and be appealable as such. A yard operating without an interim operating permit shall be in violation of this chapter and subject to zoning enforcement actions under § 154.005-11. Development Services shall maintain a list of yards that have complied with this section.
(4) Submission of sketch plan and compliance with grandfathered yard requirements previously mandated under the 2006 GF Amendment. Within one year of the date this chapter is enacted, all non-conforming junkyards and automobile salvage yards shall submit a sketch plan as set forth below and comply with the requirements previously mandated under the 2006 GF Amendment as set forth below, or be discontinued with all salvage material and junk moved from the property to an approved location. The sketch plan shall be accompanied by a $300 administrative fee. Failure to comply or discontinue use will constitute a violation of this chapter and be subject to the zoning enforcement provisions of § 154.005-11. Failure to submit the sketch plan and comply with the requirements set for the below or obtain a special use permit before three years of the date this chapter is adopted will mean that the property owner has chosen to discontinue the use.
(a) Submission of sketch plan. Within one year of the date this chapter is enacted, all non-conforming junkyards and automobile salvage yards shall submit a sketch plan of the yard to Development Services, to include a tax map with orthophotography and additional sheets, as determined sufficient by the Zoning Ordinance Officer, showing and listing:
1. The shape and dimensions of the property/properties on which the automobile salvage yard and/or junkyard and any building(s) are located along with the north reference and graphic scale;
2. Tax parcel identification number and total acreage;
3. Owner and operator’s name(s), address, property address, and telephone number; the location of all buildings, out buildings, loading areas, places of assembly, outdoor display areas, storage areas (indoor and outdoor) and other facilities associated with the use; existing and proposed, and required setbacks;
4. The location of all buildings, out-buildings, loading areas, places of assembly, outdoor display areas, storage areas (indoor and outdoor) and other facilities associated with the use; existing and proposed, and required setbacks;
5. The existing use of all buildings and lands, including the extent and location of the yard;
6. The location of off-street parking and loading areas and the means of ingress and egress;
7. The location and type of all required buffers and screening; and
8. Any other information which the Zoning Enforcement Officer may deem necessary for consideration in enforcing all provisions of this chapter.
(b) Compliance with requirements previously mandated under the 2006 GF Amendment. Within one year of the date this chapter is enacted, all non-conforming junkyards and automobile salvage yards shall comply with the following requirements:
1. All activities associated with the grandfathered automobile salvage yard/junkyard, including storage areas for automobiles and junk, buildings/structures, parking areas, off-street loading and unloading areas, shall conform with the minimum yard setbacks for the applicable zoning district as found in §§ 154.006.
2. Screening devices shall comply with the requirements found in §§ 154.015; the screening device shall completely, to the extent reasonably possible, screen all activities associated with the yard which abut a state maintained road, right-of-way, and/or easement, and any portion of the yard visible from a residential or non-residential structure. If a vegetive buffer is installed, a security fence may be installed inside of the vegetive buffer at the discretion of the owner/operator. In this situation, the security fence will not be considered part of the required screening device.
3. Designated parking, off-street loading, and off-street unloading areas shall be provided within the buildable area of the property in question. Only off-street loading/unloading is permitted;
4. All yards shall comply with the definitions of an automobile salvage yard and junkyard as found in § 154.003-02.
5. When constructed, all buildings or structures utilized on the property shall comply with the North Carolina Building Code, as amended.
6. If the ownership of a grandfathered automobile salvage yard or junkyard is transferred to another individual, group, or entity, the new owner(s) shall complete and file a "change of ownership" form with Development Services.
(5) Scrap tire storage. No scrap tires shall be stored at the yard longer than 30 days.
(6) Issuance of yearly operating permits. Following the approval of a sketch plan and verification by Development Services that the yard is in compliance with the requirements set forth above, the operator/owner of the yard will be issued an operating permit by the Zoning Enforcement Officer. Thereafter, the owner/operator of the yard shall submit a yearly reapplication for an operating permit. The application shall be accompanied by a $200 administrative fee and shall contain the owner/operator’s certification that the yard is in compliance with the sketch plan and all aspects of this chapter. An inspection of the automobile salvage yard/junkyard will be performed annually by the Zoning Enforcement Officer for continued compliance with the requirements listed above. The operating permit for each yard will be automatically renewed annually following the receipt of a complete reapplication and after each inspection by the Zoning Enforcement Officer unless any of the listed requirements are discovered to not be in compliance, and/or if there are any violations found from complaints between annual inspections. If the Zoning Enforcement Officer finds the yard is not in compliance, or the yard has had violations of the requirements, the renewal of the automobile salvage yard/junkyard's operating permit will be subject to revocation by Development Services. If Development Services fails to renew or revokes the operating permit, Development Services shall notify the owner of the yard of the same. Revocation will be considered a final agency action and may be appealed as such by filing a written appeal with the Board of Adjustment within 30 days of notice thereof. A yard operating without a permit shall be in violation of this chapter and subject to zoning enforcement actions under § 154.005-011. Development Services shall maintain a list of all yards which are issued a permit and the status of the same.
(7) Repeal of the 2006 GF Amendment. The Grandfathered Salvage Yards and Junkyards Amendment passed by the Surry County Board of County Commissioners on September 18, 2006 is hereby repealed.
(H) Exceptions and modifications.
(1) Kennels. An existing kennel in any district other than MI for which a conditional use permit has not been granted may continue as a non-conforming use only if the owner has held a boarding kennel license from the NC Department of Agriculture continuously since before original adoption of this section on 9-17-2001; or otherwise shall be brought into compliance with this section, either by discontinuing the use, or by the granting of a conditional use permit as provided in §§ 154.010, if applicable.
(2) Other exceptions. The following exceptions and modifications shall be allowed without the issuance of a conditional use permit by the Board of Adjustment.
(a) Lots not meeting minimum lot size requirements. In any district in which single-family dwellings are permitted, any lot of record which existed before the enactment of this section, which has dimensions which are less than required by these regulations, may be used as a building site for a single-family dwelling provided:
(b) Where the adjacent lot is in the same recorded ownership it must be combined with the adjacent lot so as to create a new lot of record that as nearly as possible meets the minimum lot size of that zoning district; and
(c) All setback dimensional requirements of that zoning district are met. If the lot does not meet the setback dimensional requirements of that zoning district, a variance may be requested of the Board of Adjustment.
(3) Yard requirements modifications. Where a lot has width or depth less than that required in the district in which it is located, the Zoning Administrator shall be authorized to reduce the yard and setback requirements for such lot of record by not more than 30%. Additional or other forms of yard modification may be permitted with a variance granted by the Board of Adjustment.
(Ord. passed 4-17-2023)