Agenda - 06-05-2018 5-c - Unified Development Ordinance (UDO) Amendments – Home Park Conditional Zoning District (HP-CZD) Corrections

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Article 8: Nonconformities Section 8.9: non-Conforming Uses of Major Structures, or Structures and Premises in Combination Orange County, North Carolina – Unified Development Ordinance Page 8-4 Planning Director shall cease within two years of the adoption of this Ordinance, or any amendment hereto, which shall cause such uses to become non-conforming. Prior to termination, the following limitations shall apply: (A) There shall be no enlargement, increased intensification or alterations to the use, its permanent structure, or both. (B) If the use ceases for more than 90 consecutive days or a total of 180 days in a one-year period, subsequent use of the premises shall conform to the district regulations. (C) No such use shall be located or moved to any portion of the lot other than that occupied at the time the non-conforming status was created. (D) No such land shall be subdivided nor any structure added, except for purposes, and in a manner, conforming to district regulations. However, subdivision which does not increase the degree of nonconformity shall be permitted. SECTION 8.9: NON-CONFORMING USES OF MAJOR STRUCTURES, OR STRUCTURES AND PREMISES IN COMBINATION Non-conforming use of structures with a value higher than that stated in Section 8.8, or of such structures and premises in combination, may be continued, provided that: (A) Such uses may not be enlarged, extended, altered or replaced, except for a change to a use permitted in the district in which located, except as provided in subsection (b) of this section. (B) A non-conforming use may be extended through portions of a building manifestly arranged or intended for such use, but not otherwise, and shall not extend to occupy land outside such building or any additional building not used for such non-conforming use at the time that non-conforming status was established. (C) If a non-conforming use ceases for more than 180 days in any two-year period, subsequent use shall conform to the regulations of the district in which located. (D) Individual mobile homes within mobile home parksHome Parks, non-conforming under this section, may be replaced with other individual mobile homes or dwelling units, provided that the total number of units does not exceed the number existing at the time that the mobile park became non-conforming. (E) Individual mobile homes not located within mobile home parksHome Parks may be replaced with other individual mobile homes or dwelling units provided that such replacement does not increase the degree of non-conformity. (F) Non-conforming buildings or uses or other development may not be enlarged, replaced, or rebuilt unless such enlargement or reconstruction is accomplished conforming to the provisions of this Ordinance. However, nothing in this Ordinance shall prevent the repair, reconstruction, or replacement of a building or structure existing on the effective date of this Ordinance and located totally or partially within the floodway non-encroachment area, or stream setback, provided that the bulk of the building or structure below the regulatory flood protection elevation in the floodway, non-encroachment area, or stream setback is not increased and provided that such repair, reconstruction, or replacement meets all of the other requirements of this Ordinance. SECTION 8.10: NON-CONFORMING STRUCTURES, OTHER THAN SIGNS A structure which is non-conforming, due to noncompliance with one or more dimensional requirements contained in Articles 3, 4, or 5 and which is used for a use permitted in the district in which located, may remain, provided that: (A) Any structural change to the building shall not increase the degree of nonconformity. Structural changes which decrease or do not affect the degree of nonconformity shall be permitted. 25