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GENERAL REGULATIONS
§ 94.35 NONCONFORMING USES.
   (A)   Intent.
      (1)   The intent of this section is to provide for the continuation of existing uses not permitted by right or by conditional use in order to prevent undue hardships.
      (2)   Any use of buildings, structures, or land as defined in § 94.04(B)(25) is considered nonconforming. Nonconforming uses may be continued, provided they conform to the provisions of this section.
   (B)   Continuing the use of nonconforming land. The regulations set forth below provide the conditions under which the nonconforming use of land shall be continued.
      (1)   Extension of use. Nonconforming uses of land shall not hereafter be enlarged or extended in any way.
      (2)   Change of use. Any nonconforming uses of land may be changed to a conforming use, or with the approval of the Board of Adjustment, to any use more in character with the uses permitted in the district.
   (C)   Continuing the use of nonconforming buildings.
      (1)   Extension of use. Nonconforming buildings and nonconforming uses of buildings shall not hereafter be enlarged.
      (2)   Change of use. If no structural alteration or enlargement is made, any nonconforming building or use of buildings may be changed with the approval of the Board of Adjustment to any use more in character with uses permitted in the district. In permitting such change, the Board of Adjustment may require appropriate conditions and safeguards in accord with the provisions of this chapter.
      (3)   Cessation of use. If active operations are discontinued for a continuous period of 180 days with respect to a nonconforming use of building, such nonconforming use shall thereafter be occupied and used only for a conforming use.
      (4)   Damage or destruction. If a building occupied by a nonconforming use or a nonconforming building is destroyed by any means to an extent of more than 60% of its fair market value immediately prior to the time of damage or destruction, any repair reconstruction, or use of the building shall be in conformity with the provisions of this chapter. The fair market value in such case shall be determined by the Board of Adjustment in accordance with acceptable appraisal procedures.
      (5)   A boathouse existing as of January 1, 2005 may be removed and a new boathouse constructed in the same location in accordance with § 94.41 except that the new boathouse need not comply with the provisions of § 94.42(B)(6).
(Ord., passed 2-22-79; Am. Ord., passed 2-23-05)
§ 94.36 ADVERTISING SIGNS AND STRUCTURES.
   The intent of this section is to control the location and size of signs in the village. The provisions of this section shall not apply to signs owned by the North Carolina Department of Transportation and Highway Safety, or signs required by other village ordinances. Further, informational, directional, or required public instruction signs are likewise exempt, provided such signs shall not exceed ten square feet in area on any one side exposed to public view.
   (A)   Location. No advertising sign or structure shall be erected constructed, or maintained so as to interfere with vision clearance along any street, road or highway or at any intersection or junction of two or more traffic arteries; nor shall any advertising sign or structure be located within the street, road or highway right-of-way. No advertising sign or structure shall be located within 100 feet of any residential zoned or developed district. All advertising signs or structures shall meet the setback requirements of the district in which they are permitted.
   (B)   Illumination. No flashing or illumination shall be used within the limits defined by this chapter.
   (C)   Movement. No sign or device used to draw the eye shall be used which spins, rotates, flutters or in any way moves. Portable signs on wheels or signs not permanently fixed shall not be allowed.
   (D)   Administration and maintenance. The Zoning Enforcement Officer shall order the immediate removal of any signs that are not constructed or maintained in accordance with the provisions of this section. All advertising signs, together with any supports, braces, guys and anchors, shall be kept in good repair.
   (E)   Nonconforming signs. Nonconforming signs will be allowed to remain, in good repair, for a period of two years after the adoption of this chapter. After this time all signs must conform to the regulations of this section. However, under the following conditions, nonconforming signs shall comply with the regulations of this chapter before the two-year expiration date:
      (1)   Any alteration of a nonconforming sign shall make that sign conform to the regulations of this chapter.
      (2)   Any nonconforming sign on a building which is vacant for a period of 90 days shall be altered to conform to the regulations of this chapter.
      (3)   Any nonconforming sign damaged over 60% by any means, either shall be removed or repaired in a manner to conform with the regulations of this chapter.
   (F)   Temporary signs permitted. Freestanding or mounted signs pertaining only to a construction job, to the rent or sale of the property upon which displayed, shall not exceed six square feet. No such sign shall be illuminated. All signs, including political signs, erected to serve temporary purposes shall be removed within 15 days from the date the purpose ceased to exist. All signs placed in rights-of-way controlled and maintained by the North Carolina Department of Transportation shall comply with the requirements of G.S. § 136-32.
   (G)   Whenever this chapter permits a commercial sign, a non- commercial message may be substituted for the commercial message. The right to substitute the non-commercial message does not waive any other requirement imposed by this chapter as to the number, size, type, construction, location, lighting, safety or other regulated attribute.
PERMITTED SIGNS
 
 
Home Occupation Signs
Identification Signs
R-25, R-35, R-35CT, R-25CD, R-30 CD, R-35CD & R-Patio Home CD
One sign per lot pertaining to customary home occupations, provided such sign shall not exceed two square feet in area and shall not be illuminated.
One sign per lot provided that such sign shall not exceed two square feet in area. This sign shall not be illuminated.
OA IG, OACD & IGCD
N/A
One sign per lot provided that such sign shall not exceed twenty square feet in area. This sign shall not be an internally illuminated sign.
C-1 Commercial District & C-1 CD
N/A
One sign per building provided that such sign shall not exceed 20 square feet in area.
C-1 Commercial Special Use District & C-1 CD Commercial Special Use
N/A
As permitted by special use permit in accordance with § 94.59.
 
(Ord., passed 2-22-79; Am. Ord., passed 3-24-04; Am. Ord., passed 2-9-20; Am. Ord., passed 6-23-21) Penalty, see § 94.99
§ 94.37 OFF-STREET PARKING AND STORAGE.
   It is the intent of this section to provide adequate parking in the various districts established by this chapter. Off-street automobile parking or storage space shall be provided on every lot on which any of the following uses are hereafter established. At the time of the erection of any building, or at the time any principal building is enlarged or increased in capacity by adding dwelling units, guest rooms, seats or floor area, or before conversion from one type of use to another, permanent off-street parking space in the amount specified by this section shall be provided. Such parking space may be provided in a parking or properly graded open space.
   (A)   Certification of minimum parking requirements. Each application for a zoning compliance permit or certificate of occupancy submitted to the Zoning Enforcement Officer as provided for in §§ 94.82 and 94.83 shall include information as to the location and dimensions of off-street parking and loading space and the means of ingress and egress to such space. This information shall be in sufficient detail to enable the Zoning Enforcement Officer to determine whether the requirements of this section are met.
   (B)   Combination of required parking space. The required parking space for any number of separate uses may be combined in one lot, but the required space assigned to one use may not be assigned to another use, except that one-half of the parking space required for churches, theaters, or assembly halls whose peak attendance will be a night or on Sundays may be assigned to a use which will be closed at night or on Sundays.
   (C)   Requirements for parking lots in residential districts. Where parking lots for more than five automobiles are permitted or required in residential districts, the following provisions shall be complied with:
      (1)   The lot may be used only for parking and not for any type of commercial loading, sales, repair work, dismantling or servicing.
      (2)   All entrances, exits, barricades at sidewalks, and drainage works shall be approved by the Zoning Enforcement Officer prior to construction.
      (3)   Only one entrance and one exit sign not larger than two square feet in area prescribing parking regulations, but bearing no advertising matter, may be erected at each entrance or exit. No other signs shall be permitted.
   (D)   Minimum parking requirements. The required number of off- street parking spaces for each land use is specified below:
Land Use
Required Parking Space
Land Use
Required Parking Space
Churches
One space for each four seats in the main chapel.
Kindergartens or nurseries
One space for each employee and four spaces for off-street drop-off and pickup.
Medical Offices and clinics
Six for each doctor practicing at the clinic, plus one space for each employee.
Offices, business, professional or public, including banks.
One space for each 300 square feet of gross floor area.
Outdoor recreation areas and amusement parks
One space for each three persons able to use such facility at its maximum capacity, plus ten spaces for waiting plus one space for each two employees.
Places of public assembly, including private clubs, auditoriums, dance halls, community centers, and all similar places of public assembly
One space for each four seats provided for patron use, plus one space for each 100 square feet of floor or ground area used for amusement or assembly, but not containing fixed seats.
Residential dwellings, single-family, two-family
Two spaces for each dwelling unit.
Residential dwellings, multi-family
Two spaces for each dwelling unit.
 
(Ord., passed 2-22-79)
§ 94.38 OFF-STREET LOADING AND UNLOADING SPACE.
   Every building or structure requiring receipt and delivery of goods used for business, trade, or industry hereafter erected shall provide space as indicated herein for the loading and unloading of vehicles off the street or public alley. Such space shall have access to an alley, or, if there is no alley, to a street. For the purpose of this section, an off-street loading space shall have a minimum dimension of 12 feet by 40 feet and an overhead clearance of 14 feet in height above the alley or street grade.
      Clubs, Institutional and Government: One loading space for each 20,000 square feet of gross floor area or fractions thereof.
(Ord., passed 2-22-79)
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