15A NCAC 07K .0209      EXEMPTION / ACCESSORY USES / MAINTENANCE REPAIR / REPLACEMENT

(a)  Accessory buildings customarily incident to an existing structure are excluded from the definition of development if the work does not involve filling, excavation, or the alteration of any sand dune or beach as set out in G.S. 113A-103(5)(b)(6). Accessory buildings are subordinate in size and purpose to the principal structure and do not require, or consist of the expansion of the existing structure as defined by an increase in footprint or total floor area of the existing structure. A building with a footprint of 100 square feet or less is considered an accessory building as long as it is customarily incident to and subordinate in size and purpose to the principal structure. Buildings of a larger size may be considered accessory buildings if necessary for customary use.

(b)  Accessory uses as described in Paragraph (a) of this Rule and that are required to support the existing dominant use, but not within the exclusion set out in G.S. 113A-103(5)(b)(6) and that require no plumbing, electrical, or other service connections and do not exceed 200 square feet are exempt from the CAMA minor development permit requirement if they meet the criteria set out in Paragraph (d) of this Rule.

(c)  Any structure, or part thereof, consistent with this Chapter may be maintained, repaired, or replaced, in a similar size and location as the existing structure without requiring a permit, unless the repair or replacement would be in violation of the criteria set out in Paragraph (d) of this Rule. This exemption applies to those projects that are not within the exclusion for maintenance and repairs as set out in G.S. 113A-103(5)(b)(6), Rule .0103 of this Subchapter and Rule 07J .0210.

(d)  In order to be eligible for the exemptions described in Paragraphs (b) and (c), of this Rule, the proposed development activity must meet the following criteria:

(1)           the development must not disturb a land area of greater than 200 square feet on a slope of greater than 10 percent;

(2)           the development must not involve removal, damage, or destruction of threatened or endangered animal or plant species;

(3)           the development must not alter naturally or artificially created surface drainage channels;

(4)           the development must not alter the land form or vegetation of a frontal dune;

(5)           the development must not be within 30 feet of normal water level or normal high water level; and

(6)           the development must be consistent with all applicable use standards and local land use plans in effect at the time the exemption is granted.

History Note:        Authority G.S. 113A-103(5); 113A‑111; 113A‑118(a); 113A-120(a)(8);

Eff. November 1, 1984;

Amended Eff. August 1, 2007; March 1, 2006; July 1, 2004; August 1, 2002; August 1, 2000;

Readopted Eff. November 1, 2021.