Unified Development Ordinance - Currituck County Government

CHAPTER 8.NONCONFORMITIES8.1. GENERAL APPLICABILITY8.1.1. Purpose and IntentIn the provisions established by this Ordinance, there exist uses of land, structures, lots ofrecord, signs, and site features (e.g., off-street parking, landscaping, etc.) that were lawfullyestablished before this Ordinance was adopted or amended, that now do not conform to itsterms and requirements. The purpose and intent of this chapter is to regulate and limit thecontinued existence of those uses, structures, lots of record, signs, and site features that donot conform to the provisions of this Ordinance, or any subsequent amendments.8.1.2. Authority to ContinueNonconformities are allowed to continue, and are encouraged to receive routine maintenancein accordance with the requirements of this chapter as a means of preserving safety andappearance.8.1.3. Determination of Nonconformity StatusIn all cases, the burden of establishing that a nonconformity lawfully exists shall be theresponsibility of the owner of the land on which the alleged nonconformity is located.8.1.4. Change of Tenancy or OwnershipNo change of title or possession or right to possession of property involved shall be construedto prevent the continuance of such nonconformities.8.1.5. Increase in NonconformityExcept as authorized by this chapter, no person shall engage in activity that increases anonconformity.8.1.6. Minor Repairs and MaintenanceMinor repairs and normal maintenance that are required to keep nonconforming uses,structures, lots of record, site features, and signs in a safe condition are permitted, providedthe minor repair or maintenance does not extend, expand, or enlarge the nonconformingaspect. For the purposes of this section, "minor repair or normal maintenance" shall mean:A. Maintenance of Safe ConditionRepairs that are necessary to maintain a nonconforming use, structure, lot of record,site feature, or sign in a safe condition; andB. Maintenance of Land for SafetyMaintenance of land areas and site aspects to protect against health hazards andpromote the safety of surrounding uses.CURRITUCK COUNTY, NC UNIFIED DEVELOPMENT ORDINANCE8.1