Orange County NC Website
ARTICLE 8: NONCONFORMITIES <br /> SECTION 8.1: INTENT <br /> 8.1.1 Generally <br /> Non-conforming uses shall not be enlarged, expanded, intensified, or altered, except in <br /> conformance with this Ordinance. <br /> It is further the intent of this Ordinance that non-conformity shall not be used as grounds for <br /> adding other prohibited uses or structures, nor the enlarging by means of extension or expansion, <br /> except as specifically provided by this Ordinance. <br /> In the case of requirements related to external factors, such as distance requirements from other <br /> specified uses or landscaping requirements dependent upon adiacent property use, the subiect <br /> parcel shall be considered conforming so long as its continuous use was established first.3 <br /> SECTION 8.2: CLASSIFICATION <br /> Non-conformities are classified as: <br /> ) Lots (see Section 8.7); <br /> (B) Uses of land without structures or minor structures (see Section 8 8); <br /> (C) .ses of major structures and premises (see Section 8.9); <br /> (D) Strut ures (see Section 8.10); and/or <br /> (E) Charact- 'stirs of uses (see Section 8.11) <br /> which were lawful bu ould be prohibited, regulated, or restrict;s by the enactment of this <br /> Ordinance or a subsequ: t amendment thereto. <br /> SECTION 8.3: COMPLE i!ON OF NON-CONFORMING PROJECTS <br /> 8.3.1 Valid Permit Issued <br /> All non-conforming projects on which c.. in was begun at least 180 days before the <br /> effective date of this Ordinance, or any m.. cation thereto, as well as all non-conforming <br /> projects that are at least 25% completed to s of the total expected cost of the project on the <br /> effective date of this Ordinance, or any odifica ••n thereto, may be completed in accordance <br /> with the terms of their permits, so lo►• as these pe its were validly issued and remain <br /> unrevoked and unexpired. If a development is design:d to be completed in stages, this <br /> subsection shall only apply to -e particular phase unde onstruction. <br /> (A) Except as provide. his Section, all work on any non onforming project shall cease on <br /> the effective da - of this Ordinance, or any modification ereto, and all permits <br /> previously is .ed for work on non-conforming projects sha be revoked as of that date. <br /> Thereafter ork on non-conforming projects may begin or m. be continued only <br /> pursua o a zoning or special use permit issued in accordance ith this Ordinance by <br /> the P .nning Director or board authorized to issue permits for the t •e of development <br /> pre.osed. The county shall issue such a permit if it finds that the app• ant has in good <br /> :ith made substantial expenditures or incurred substantial binding oblig. •ons in some <br /> substantial way in reasonable reliance on conditions as they existed before e effective <br /> date of this Ordinance, or any modification thereto, and thereby would be unre: onably <br /> prejudiced if not allowed to complete the project as proposed. In considering wh- er <br /> these findings may be made, the Planning Director or appropriate board shall be gu zed <br /> by the following: <br /> 3 Language added to address situations where legal land uses are made nonconforming by external forces. By <br /> adding the language the land use will still be considered a legal,conforming, use of property. <br /> Orange County, North Carolina—Unified Development Ordinance Page 8-1 <br />