<div class="chunk-title">Sec. 8.6 - Nonconforming lots, sites, structures and uses.</div>
<div class="chunk-content">
            <p class="b0">
               <span class="bold">Sec. 8.6.1 Airport Hazard Zoning Area.</span>
               </p>
            <p class="incr0">
               (a)
               </p>
            		
            <p class="content1">
               <span class="ital">Regulations not Retroactive</span>.
               </p>
            		
            <p class="incr1">
               (i)
               </p>
            		
            <p class="content2">
               The regulations prescribed in Section 9.2, Airport Hazard Zoning Area, shall not be
               construed to require the removal, lowering, or other change or alteration of any structure
               or trees not conforming to the regulations as of the effective date of this Ordinance,
               or amendments thereto, or otherwise interfere with the continuance of nonconforming
               use. Nothing contained herein shall require any change in the construction, alteration,
               or intended use of any structure, the construction or alteration of which was begun
               prior to the effective date of the Ordinance and is diligently prosecuted.
               </p>
            		
            <p class="incr0">
               (b)
               </p>
            		
            <p class="content1">
               <span class="ital">Marking and Lighting</span>.
               </p>
            		
            <p class="incr1">
               (i)
               </p>
            		
            <p class="content2">
               Notwithstanding the provisions of Section 9.2 the owner of any existing nonconforming
               structure or tree is hereby required to permit the installation, operation, and maintenance
               thereon of such markers and lights as shall be deemed necessary by the administrating
               agency to indicate to the operators of aircraft in the vicinity of the airport the
               presence of such airport obstruction.
               </p>
            		
            <p class="b0">
               <span class="bold">Sec. 8.6.2 Nonconforming Lots, Structures, Uses, and Access in Regulated Districts.</span>
               </p>
            <p class="incr0">
               (a)
               </p>
            		
            <p class="content1">
               <span class="ital">Regulated Districts - All - unless otherwise noted</span>.
               </p>
            		
            <p class="incr1">
               (i)
               </p>
            		
            <p class="content2">
               <span class="ital">General</span>.
               </p>
            		
            <p class="incr2">
               1)
               </p>
            		
            <p class="content3">
               <span class="ital">Continuation of nonconforming situations</span>. Any nonconforming use, structure, or lot that lawfully existed as of the effective
               date of this ordinance and that remains nonconforming and any use, structure, or lot
               that has become nonconforming as a result of the adoption of this ordinance or any
               subsequent rezoning or amendment to the text of this ordinance or the official zoning
               map may be continued and maintained only in accordance with the terms of this ordinance.
               </p>
            		
            <p class="incr2">
               2)
               </p>
            		
            <p class="content3">
               <span class="ital">Variances</span>. This subsection shall not apply to any feature that is the subject of a variance
               from particular standards that has been granted by the Cashiers Area Community Planning
               Council subsequent to the adoption of this ordinance. When a variance has been granted
               for a feature that does not otherwise conform to the requirements of this ordinance,
               that feature shall be deemed conforming.
               </p>
            		
            <p class="incr1">
               (ii)
               </p>
            		
            <p class="content2">
               <span class="ital">Nonconforming lots</span>.
               </p>
            		
            <p class="incr2">
               1)
               </p>
            		
            <p class="content3">
               A nonconforming lot is a lot that existed, recorded by plat or description in the
               Office of the Register of Deeds for Jackson County, at the time of adoption of this
               ordinance but that does not meet the dimensional requirements for the district in
               which it is located. A nonconforming lot may be used for any of the uses permitted
               by this ordinance provided that all other minimum requirements for the district are
               met.
               </p>
            		
            <p class="incr1">
               (iii)
               </p>
            		
            <p class="content2">
               <span class="ital">Nonconforming structures</span>.
               </p>
            		
            <p class="incr2">
               1)
               </p>
            		
            <p class="content3">
               A nonconforming structure is a structure that was in existence prior to the adoption
               of this ordinance that does not meet the minimum requirements for the district in
               which it is located. Any nonconforming structure may be occupied, without expansion,
               by a conforming use or may be improved or expanded provided any improvement or expansion
               meets the minimum standards of this ordinance or a variance must be obtained from
               these standards.
               </p>
            		
            <p class="incr1">
               (iv)
               </p>
            		
            <p class="content2">
               <span class="ital">Nonconforming uses</span>.
               </p>
            		
            <p class="incr2">
               1)
               </p>
            		
            <p class="content3">
               A nonconforming use of a structure is a use, located in a structure, that was in existence
               prior to the adoption of this ordinance that is not permitted by this ordinance in
               the district in which it is located. A legally established nonconforming use may be
               continued subject to the following limitations:
               </p>
            		
            <p class="incr3">
               a)
               </p>
            		
            <p class="content4">
               When a nonconforming use of a structure has been changed to a conforming use, it may
               not later be used for any nonconforming use.
               </p>
            		
            <p class="incr3">
               b)
               </p>
            		
            <p class="content4">
               A nonconforming use may be enlarged or extended only into portions of the structure
               in which it is located that existed at the time the use became nonconforming. No structural
               alterations are allowed to any structure containing a nonconforming use except where
               such alteration does not enlarge the structure, or where the alteration is required
               by law or an order from the Jackson County Planning Department to ensure the safety
               of the structure.
               </p>
            		
            <p class="incr3">
               c)
               </p>
            		
            <p class="content4">
               A nonconforming use of a structure that is abandoned for a continuous period of more
               than 180 days may not be re-established and all subsequent uses of the structure must
               be in conformance with the standards of the district in which it is located.
               </p>
            		
            <p class="incr2">
               2)
               </p>
            		
            <p class="content3">
               A nonconforming use of a structure may not be converted to another nonconforming use.
               </p>
            		
            <p class="incr1">
               (v)
               </p>
            		
            <p class="content2">
               <span class="ital">Maintenance and repair of nonconforming structures</span>.
               </p>
            		
            <p class="incr2">
               1)
               </p>
            		
            <p class="content3">
               <span class="ital">Maintenance or required alterations or remodeling</span>. Structural alterations or remodeling of nonconforming structures that are required
               by any public law, and so ordered by a public officer in authority, shall be permitted.
               Routine maintenance shall also be permitted for nonconforming situations so long as
               no expansion of the nonconformity occurs as a result of the maintenance.
               </p>
            		
            <p class="incr2">
               2)
               </p>
            		
            <p class="content3">
               <span class="ital">Repair of damaged structures</span>. Any nonconforming structure that is damaged by fire or other casualty may be repaired,
               provided such repair is accomplished:
               </p>
            		
            <p class="incr3">
               a)
               </p>
            		
            <p class="content4">
               Without any increase in the cubical content or floor area.
               </p>
            		
            <p class="incr3">
               b)
               </p>
            		
            <p class="content4">
               Without any change in location except to provide greater conformance with the requirements
               of this ordinance.
               </p>
            		
            <p class="incr3">
               c)
               </p>
            		
            <p class="content4">
               Within one year of the fire or other casualty.
               </p>
            		
            <p class="incr3">
               d)
               </p>
            		
            <p class="content4">
               That the use of the structure after repair does not result in a change from one nonconforming
               use to another nonconforming use.
               </p>
            		
            <p class="incr0">
               (b)
               </p>
            		
            <p class="content1">
               <span class="ital">US 441 Gateway District Only</span>.
               </p>
            		
            <p class="incr1">
               (i)
               </p>
            		
            <p class="content2">
               <span class="ital">Nonconforming access</span>.
               </p>
            		
            <p class="incr2">
               1)
               </p>
            		
            <p class="content3">
               Access points along US 441 that do not conform to the standards set forth in this
               ordinance shall be designated as nonconforming access features and shall be brought
               into compliance with applicable standards only under the following scenarios:
               </p>
            		
            <p class="incr3">
               a)
               </p>
            		
            <p class="content4">
               When a new access connection permit is requested as part of any permit application.
               </p>
            		
            <p class="incr3">
               b)
               </p>
            		
            <p class="content4">
               A change in land use, or substantial enlargement or improvement to an existing land
               use, is made subject to the requirements set forth in Section 9.5.11.
               </p>
            		
            <p class="incr3">
               c)
               </p>
            		
            <p class="content4">
               As road improvements are made within the public right of way for US 441 adjacent to
               the property.
               </p>
            		
            <p class="incr3">
               d)
               </p>
            		
            <p class="content4">
               A nonconforming access is abandoned for a continuous period of more than 180 days,
               unless otherwise exempted by the county or NCDOT.
               </p>
            		
            <p class="incr2">
               2)
               </p>
            		
            <p class="content3">
               Normal maintenance and/or repair of an existing access connection shall not be considered
               a physical change in access that triggers compliance with this ordinance.
               </p>
            		
            <p class="incr2">
               3)
               </p>
            		
            <p class="content3">
               Notwithstanding the foregoing, NCDOT may prohibit, restrict, or modify the placement
               of any connection, at any time, to a single property in the interest of public safety
               and mobility.
               </p>
            		
            <p class="b0">
               <span class="bold">Sec. 8.6.3 Scotts Creek Water Quality Protection District.</span>
               </p>
            <p class="incr0">
               (a)
               </p>
            		
            <p class="content1">
               Structures which existed on or before the effective date of this Ordinance, or immediately
               preceding any applicable amendment thereto, shall be deemed in compliance with the
               standards found in Section 5.2, except in the following cases:
               </p>
            		
            <p class="incr1">
               (i)
               </p>
            		
            <p class="content2">
               <span class="ital">Additions</span>.
               </p>
            		
            <p class="incr2">
               1)
               </p>
            		
            <p class="content3">
               If an addition is made to any existing structure or premises, such addition shall
               not increase the degree of nonconformity.
               </p>
            		
            <p class="incr1">
               (ii)
               </p>
            		
            <p class="content2">
               <span class="ital">Alterations or Repairs</span>.
               </p>
            		
            <p class="incr2">
               1)
               </p>
            		
            <p class="content3">
               If alterations or repairs in excess of 50 percent of the physical value of an existing
               structure are made to that structure within one year, such structure and premises
               shall be made to conform to the current requirements of Section 5.2.
               </p>
            		
            <p class="incr0">
               (b)
               </p>
            		
            <p class="content1">
               The Permitting and Code Enforcement Director shall be charged with administration
               of this subsection.
               </p>
            		</div>