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  2. CHAPTER 10. ADMINISTRATION
  3. Article 10.3. Nonconformities

Sec. 10.3.1. In General

  1. Public Safety
    Repairs required for public safety because of unsafe conditions or by either the Housing Code or North Carolina State Building Code may be made in any amount unless the repairs are caused by a casualty, in which case the provisions of Sec. 10.3.2.G. or Sec. 10.3.3.G. shall apply in lieu of this provision.
  2. Reservation of Authority
    Notwithstanding the policies and provisions of this Article with respect to nonconformities, the City expressly reserves its authority to initiate criminal and civil proceedings against unlawful uses, buildings, structures and lots, including those which unlawfully existed here before and to control or abate noxious uses, to require the repair or demolition of unsafe buildings or structures or to control or eliminate public health nuisances through the exercise of any powers authorized by the City Code and the North Carolina General Statutes.
  3.  Right-of-Way and Easement Acquisition
    Public acquisition of rights of way and easements for government initiated projects shall not render a property, including any existing improvements or site elements nonconforming such that their replacement alteration, expansion would be regulated by Art. 10.3. (By way of example, should the public acquisition result in a structure being located closer to a public right-of-way than permitted by the applicable building setback, the review of any development permit application for the replacement, alteration and/or expansion shall impose a setback equal to the new distance of the structure from the expanded right-of-way.) Existing site elements shall include landscaping, tree conservation, forestation, open space, protective yards and those site elements listed in Sec.10.3.4., located on the property at the time of right-of-way or easement acquisition by the government

Book traversal links for Sec. 10.3.1. In General

  • Article 10.3. Nonconformities
  • Sec. 10.3.2. Nonconforming Uses
Supplement Number
28
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UDO Chapters

  • CHAPTER 1. INTRODUCTORY PROVISIONS
  • CHAPTER 2. RESIDENTIAL DISTRICTS
  • CHAPTER 3. MIXED USE DISTRICTS
  • CHAPTER 4. SPECIAL DISTRICTS
  • CHAPTER 5. OVERLAY DISTRICTS
  • CHAPTER 6. USE REGULATIONS
  • CHAPTER 7. GENERAL DEVELOPMENT STANDARDS
  • CHAPTER 8. SUBDIVISION & SITE PLAN STANDARDS
  • CHAPTER 9. NATURAL RESOURCE PROTECTION
  • CHAPTER 10. ADMINISTRATION
  • CHAPTER 11. BUILDING AND HOUSING CODE
  • CHAPTER 12. DEFINITIONS
  • HISTORY TABLE
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Book navigation

  • Article 10.1. Review Bodies
  • Article 10.2. Review Procedures
  • Article 10.3. Nonconformities
    • Sec. 10.3.1. In General
    • Sec. 10.3.2. Nonconforming Uses
    • Sec. 10.3.3. Nonconforming Principal Structures
    • Sec. 10.3.4. Nonconforming Site Elements
    • Sec. 10.3.5. Nonconforming Lots of Record
    • Sec. 10.3.6. Special Use Permits for Nonconformities
  • Article 10.4. Enforcement

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