07 NCAC 13C .0305          PERMITS FOR STRUCTURES EXISTING AS OF FEBRUARY 1, 1974

(a)  Owners of structures which presently meet the specifications of these regulations but were built under a valid permit and which were built according to the terms of that permit may legally continue under the old permit.  Structures which were built without a permit or which were built under a permit but exceed the terms of the permit must apply for a new permit as in Regulation .0312 of this Section.

(b)  Owners of structures which do not meet the specifications of these regulations including structures which were built without a permit or built under a legal permit but no longer meet the specifications of the permit and which structures, because of size or otherwise, are no longer eligible for a permit under these regulations must apply for a nonconforming use permit as described in Regulation .0312(1) of this Section.  All such applications should be made to the Secretary of the Department of Natural Resources and Community Development, Box 27687, Raleigh, North Carolina, 27611, on forms provided by the Department.  Such a permit when issued shall have the following conditions attached thereto; no alterations, enlargements or other structural modifications are permitted.  Repairs to maintain the safety of the structure are allowed; should such structures be destroyed or substantially damaged (greater than 50 percent of replacement cost) from any causes, no replacement under the terms of the nonconforming use permit will be permitted.  The owner of such structure may also agree that the Department of Natural Resources and Community Development, at the Department's own expense, may bring the structure into compliance with these rules and regulations and therefore be eligible for an ordinary permit.

 

History Note:        Authority G.S. 143B-135.16;

Eff. February 1, 1976;

Amended Eff. April 4, 1979;

Transferred from 15A NCAC 12C .0305 Eff. April 1, 2017.