Orange County NC Website
Article 8: Nonconformities <br />Section 8.9: non-Conforming Uses of Major Structures, or Structures and Premises in Combination <br />Orange County, North Carolina – Unified Development Ordinance Page 8-4 <br />Planning Director shall cease within two years of the adoption of this Ordinance, or any amendment <br />hereto, which shall cause such uses to become non-conforming. Prior to termination, the following <br />limitations shall apply: <br />(A) There shall be no enlargement, increased intensification or alterations to the use, its <br />permanent structure, or both. <br />(B) If the use ceases for more than 90 consecutive days or a total of 180 days in a one-year <br />period, subsequent use of the premises shall conform to the district regulations. <br />(C) No such use shall be located or moved to any portion of the lot other than that occupied <br />at the time the non-conforming status was created. <br />(D) No such land shall be subdivided nor any structure added, except for purposes, and in a <br />manner, conforming to district regulations. However, subdivision which does not increase <br />the degree of nonconformity shall be permitted. <br />SECTION 8.9: NON-CONFORMING USES OF MAJOR STRUCTURES, OR <br />STRUCTURES AND PREMISES IN COMBINATION <br />Non-conforming use of structures with a value higher than that stated in Section 8.8, or of such structures <br />and premises in combination, may be continued, provided that: <br />(A) Such uses may not be enlarged, extended, altered or replaced, except for a change to a <br />use permitted in the district in which located, except as provided in subsection (b) of this <br />section. <br />(B) A non-conforming use may be extended through portions of a building manifestly <br />arranged or intended for such use, but not otherwise, and shall not extend to occupy land <br />outside such building or any additional building not used for such non-conforming use at <br />the time that non-conforming status was established. <br />(C) If a non-conforming use ceases for more than 180 days in any two-year period, <br />subsequent use shall conform to the regulations of the district in which located. <br />(D) Individual mobile homes within mobile home parksHome Parks, non-conforming under <br />this section, may be replaced with other individual mobile homes or dwelling units, <br />provided that the total number of units does not exceed the number existing at the time <br />that the mobile park became non-conforming. <br />(E) Individual mobile homes not located within mobile home parksHome Parks may be <br />replaced with other individual mobile homes or dwelling units provided that such <br />replacement does not increase the degree of non-conformity. <br />(F) Non-conforming buildings or uses or other development may not be enlarged, replaced, <br />or rebuilt unless such enlargement or reconstruction is accomplished conforming to the <br />provisions of this Ordinance. <br />However, nothing in this Ordinance shall prevent the repair, reconstruction, or <br />replacement of a building or structure existing on the effective date of this Ordinance and <br />located totally or partially within the floodway non-encroachment area, or stream setback, <br />provided that the bulk of the building or structure below the regulatory flood protection <br />elevation in the floodway, non-encroachment area, or stream setback is not increased <br />and provided that such repair, reconstruction, or replacement meets all of the other <br />requirements of this Ordinance. <br />SECTION 8.10: NON-CONFORMING STRUCTURES, OTHER THAN SIGNS <br />A structure which is non-conforming, due to noncompliance with one or more dimensional requirements <br />contained in Articles 3, 4, or 5 and which is used for a use permitted in the district in which located, may <br />remain, provided that: <br />(A) Any structural change to the building shall not increase the degree of nonconformity. <br />Structural changes which decrease or do not affect the degree of nonconformity shall be <br />permitted. <br />34