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Article 8: Nonconformities <br /> Section 8.11: Sexually Oriented Businesses <br /> <br />Orange County, North Carolina – Unified Development Ordinance Page 8-5 <br /> <br />(3) Required front setback; <br />(4) Required side and rear setback; <br />(5) Maximum building height; <br />(6) Required landscaping; and <br />(7) Required parking. <br />(C) A non-conforming commercial or industrial structure destroyed to the extent of 60% or <br />more of its floor area and located on a non-conforming lot shall not be required to comply <br />with dimensional requirements regulating minimum lot area per use and/or minimum lot <br />width but shall comply with the dimensional requirements regulating (3) through (7) in <br />subsection (B) above. <br />(D) A non-conforming residential structure destroyed to the extent of 75% or more of its floor <br />area may only be reconstructed in accordance with the regulations of the district in which <br />located, including those regulating: <br />(1) Minimum lot area per dwelling unit; <br />(2) Minimum lot width; <br />(3) Required front setback; <br />(4) Required side and rear setback;and <br />(5) Maximum building height. <br />(E) A non-conforming residential structure destroyed to the extent of 75% or more of its floor <br />area and located on a non-conforming lot shall not be required to comply with either or <br />both dimensional requirements regulating minimum lot area per dwelling unit and/or <br />minimum lot width but shall comply with the dimensional requirements regulating (3) <br />through (5) in subsection (D) above. <br />(F) Appeal(s) for a variance from the requirements of subsections (B) through (E) of this <br />Section shall be heard by the board of adjustment. <br /> <br />SECTION 8.11: Sexually Oriented Businesses3 <br />In addition to the provisions of this Section, the following additional standards shall govern nonconforming <br />sexually oriented businesses. <br />(A) Any sexually oriented business lawfully operating on February 2, 20164, the effective <br />date this Ordinance, deemed to be in violation of this Ordinance shall be deemed a <br />nonconforming use. <br />(B) Such uses shall be permitted to continue for a period not to exceed one year from the <br />date of adoption. After this period the use shall either be brought into conformity with <br />established regulations or shall discontinue operation. <br />(C) If two or more sexually oriented businesses are within 1,000 feet of one another and <br />otherwise in a permissible location, the business that was established first and continually <br />operating at its present location shall be considered the conforming use and the later <br />established business(es) shall be considered the nonconforming use. <br />(D) A sexually oriented business lawfully operating as a conforming use shall not be <br />rendered nonconforming by the subsequent location of any land use identified within <br />Section 5.6.15, locating within 1,000 feet of the subject property. <br /> <br /> <br /> <br />3 Insertion of this new section will automatically renumber subsequent sections of the UDO.  <br />4 This date is subject to change based on the BOCC’s 2016 meeting calendar.  <br />28