§42-298.
Nonconforming Uses
A.
Nonconforming Uses (General).
(1)
Changed to Conforming Use. A nonconforming use may only be changed to a conforming use,
and thereafter may not be used for any nonconforming use. 
(2)
Presumption of Discontinuance. A nonconforming use shall be presumed discontinued when:
a.
The owner has indicated, in writing or by public statement, intent to abandon the use;
b.
A conforming use has replaced the prior nonconforming use;
c.
The structure containing the nonconforming use has been removed;
d.
The owner has physically changed the structure or its permanent equipment in such a
way as to clearly indicate a change resulting in something other than the nonconforming
use;
e.
The property and/or structure has been vacant for six (6) months as determined by the
Zoning Administrator; or
f.
The use has been completely inactive for six (6) months as determined by the Zoning
Administrator.
(3)
Overcoming Presumption of Abandonment. A nonconforming use contained in a structure, based
solely on the length of time the use of a structure has remained vacant or inactive (see §42-298
(Nonconforming Uses) subsection A(2)e and/or A(2)f), may be rebutted and overcome upon a
showing, to the satisfaction of the Zoning Administrator, that during such period the owner of the
land has:
a.
Been maintaining the land and structure in accordance with the North Carolina State
Building Code; and
b.
Either:
1.
Been actively and continuously marketing the land or structure for sale or lease
or has been making necessary improvements in order to continue the use.
2.
Been operating a seasonal business on the land and/or in the structure for a
similar period of time each year since the use lawfully came into existence.
B.
Nonconforming Outside/Outdoor Uses.
(1)
Enlargement or Expansion of a Use. A nonconforming outside/outdoor use shall not be enlarged
or expanded to cover more of the lot than was occupied by that use when it became
nonconforming.
C.
Nonconforming Manufactured/Mobile Home Used for Residence. 
(1)
Enlargement of a Use. A nonconforming manufactured/mobile home may be enlarged provided
the enlargement does not result in new nonconformities. 
(2)
Replacement of a Use. A nonconforming manufactured/mobile home may be replaced with a
similarly sized/larger manufactured/mobile home provided the replacement adheres to the
standards of this Chapter (including aesthetic standards). The replacement home shall not result in
new nonconformities and shall take place within 180 days of removal of the initial
manufactured/mobile home (see §42-63 (Supplemental Requirements) S.R. 1.4. (Dwelling,
Manufactured/Mobile Home) regarding standards).
D.
Nonconforming Manufactured Home Park.
(1)
Enlargement or Expansion of a Use. A nonconforming manufactured home park may be enlarged
or expanded provided that any such enlargement/expansion shall be in accordance with the
requirements of this Chapter (see §42-63 (Supplemental Requirements) SR 1.13 (Manufactured
Home Park)).