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(A) The Administrator shall give written notice to the owner of the property that is the subject of an administrative or interpretation and to the party who requested it, if different from the owner.
(B) The written notice shall be delivered by personal delivery, electronic mail, or by first-class mail. The notice shall be delivered to the last address listed for the owner of the affected property on the county tax abstract and to the address provided in the application or request for a or interpretation if different from the owner's.
(C) It shall be conclusively presumed that all persons with standing to appeal have constructive notice from the date a sign providing notice that a has been made is prominently posted on the property that is the subject of the determination or interpretation, provided the sign remains on the property for at least ten days. The sign shall contain the words "Zoning Decision" or "Subdivision Decision", or similar language, and shall identify the means to contact the town for more information.
(Ord. 2021-O3, passed 5-24-2021)
(A) If any resident or property owner submits a written statement regarding a proposed amendment, modification, or repeal to a zoning regulation, including a text or map amendment to the Town Clerk at least two business days prior to the proposed vote on such change, the Town Clerk shall deliver such written statement to the Board of Commissioners.
(B) If the proposed change is the subject of a quasi-judicial proceeding under G.S. § 160D-705 or any other statute, the Clerk shall provide only the names and addresses of the individuals providing written comment, and the provision of such names and addresses to all members of the board shall not disqualify any member of the board from voting.
(Ord. 2021-O3, passed 5-24-2021)
NONCONFORMITIES
The purpose of this subchapter is to regulate and limit the
and continued existence of uses, structures, and
established prior to the effective date of this chapter that do not conform to the requirements of this chapter. Many
may continue, but the provisions of this subchapter are designed to curtail substantial investment in
and to bring about their eventual
or elimination in or to preserve the integrity of this chapter and the character of the town and its
. Any
,
, or
which lawfully existed as of the effective date of this chapter and which remains nonconforming, and any use,
, or
which has become nonconforming as a result of the adoption of this chapter or any subsequent rezoning or amendment to the text of this chapter, may be continued or maintained only in accordance with the terms of this subchapter.
(Ord. 2005-O3, passed 3-15-2005) (Am. Ord. 2016-O11, passed 9-13-2016)
(A) A use which was legally established but it is no longer classified as a permitted use but is now allowed as a
or conditional use shall not be considered con-conforming if it was legally established under a previous ordinance.
(B) Extension of use. A of land shall not be enlarged, extended, or intensified in any way except as provided below.
(C) Continuation, maintenance and minor repair. Pursuant and subject to § 152.090, the continuation of a of land and the maintenance or minor repair of a containing a is permitted, provided that the continuation, maintenance, or minor repair does not extend, expand, or increase the intensity of the . To increase the intensity would be for example when the is over the on the right side, you may increase the left side but not the area out of conformity. For the purposes of this 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 or
without expanding or altering the or
;
(2) Maintenance of land areas to protect against health hazards and promote the safety of surrounding land uses;
(3) The addition of landscaping that increase the visual attractiveness of the property; and
(4) Repairs which are required to remedy unsafe conditions which cause a threat to public safety.
(D) Damage or destruction.
(1) If a
of land or a
containing a
is destroyed by any means other than Acts of God, to an extent greater than 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 chapter.
(2) However, if the destruction is a result of acts of God such as a natural disaster the use and or
can be re-established to the previous extent as long as it is not in violation with federal, state or local law. For the purpose hereof, an “act of God” is a natural occurrence such as an earthquake, , fire, straight line winds, hurricane, tornado or similar event which causes great damage to property.
(E) Change of use. Any of land may be changed to a conforming use by securing all approvals and permits that this chapter requires for the intended or resulting use, , , or . No may be changed to another unless the town determines, after a public hearing is held, it is a change in use of a to a different, less intensive or a use more compatible with the
and this chapter.
(F) Cessation of use. If a is discontinued for 180 consecutive days or more, then the property shall thereafter be occupied and used only for a conforming use. If a of property is discontinued, but reestablished within 180 days, then the may continue, provided that the nature and degree of the
will not be changed or increased from that which existed before the was discontinued.
(Ord. 2005-O3, passed 3-15-2005; Am. Ord. 2016-O11, passed 9-13-2016)
(A) When a
can be used in conformity with all of the regulations (other than the area or width requirements) applicable to the district in which the
is located, such a use may be made a
. Otherwise, the
may be used only in accordance with a permit issued by the
. The Board shall issue such a permit if it finds that (a) the proposed use is one permitted by the regulations applicable to the district in which the property is located, and (b) the property can be developed as proposed without any significant negative impact on the surrounding property or the public health, safety, or welfare. In issuing the permit authorized by this paragraph, the Board may allow deviations from applicable dimensional requirements (such as
lines and
size minimums) if it finds that no reasonable use of the property can be made without such deviations.
(B) Whenever this chapter creates a
and the
of the
also owns land adjacent to it, and a portion of this other land can be combined with the
to create a conforming
(without hereby creating other
), the
of the
, or his successor in interest, may not take advantage of the provisions of division (A) of this section.
(Ord. 2005-O3, passed 3-15-2005)
(A) Except as specifically provided in this subsection, it shall be unlawful for any
to engage in any activity that causes an increase in the extent of a non-conformity.
(B) Subject to division (D) of this section, a
may be extended throughout any portion of a completed that, when the use was made nonconforming by this chapter, was manifestly designed or arranged to accommodate such use.
(C) The volume, intensity, or frequency of use of property where a nonconforming situation exists may be increased and the equipment or processes used at a location where a nonconforming situation exists may be changed if these or similar changes amount only to changes in the degree of activity rather than changes in kind and no violations of other paragraphs of this section occur.
(D) Physical alternation 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
;
(2) Greater with respect to dimensional restrictions such as
requirements, height limitations, or density requirements; or
(3) The enclosure of previously unenclosed areas, even though those areas were previously used in connection with the nonconforming activity. An area is unenclosed unless at least 75% of the perimeter of the area is marked by a permanently constructed wall or
.
(E) Minor repairs, routine maintenance, major repairs and renovations (as defined in § 152.016) may be performed on properties where a nonconforming situation exists as follows:
(1) Minor repairs to and routine maintenance of property where nonconforming situations exist are permitted and encouraged; and
(2) Major repairs and renovations to properties that have nonconforming situations may be done pursuant to a
issued by the
. The
shall issue such a permit if it finds that the proposed work will not result in a violation of any other paragraphs of this section (particularly paragraph E) or make the property more incompatible with the surrounding neighborhood.
(Ord. 2005-O3, passed 3-15-2005) (Am. Ord. 2016-O11, passed 9-13-2016)
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