§ 4.05. Non-Conforming Uses

This category of non-conformances consists of land uses at the effective date of this Code that are not permitted in the district in which they are located. Such uses may be continued, provided as follows:

A.

When a non-conforming use has been changed to a conforming use, it shall not be thereafter used for any non-conforming use. Change of use to any structure shall be submitted to the Iredell County Building Inspection Department for approval.

B.

Except as specifically authorized below, a non-conforming use shall not be extended or enlarged except into portions of the structure which, at the time of use became non-conforming were already erected and arranged or designed for such nonconforming use. No structural alterations or additions shall be made in any structure occupied by a non-conforming use, except those required by law or ordinance, and except as follows:

1.

Non-conforming existing residential structures in either business districts or industrial districts may be enlarged, extended or structurally enlarged provided no additional dwelling units result from such enlargement, extension or alteration.

2.

A non-conforming structure may be extended throughout any portion of a completed building that, when the use was made non-conforming by this Code, was manifestly designed or arranged to accommodate such use.

3.

The volume, intensity or frequency of use of property where a non-conforming situation exists may be increased and the equipment or processes used at a location where a non-conforming situation exists may be changed if these or similar changes amount only to changes in the degree of activity rather than changes in kind and no violations of this Code occur.

4.

Any structure for single-family residential purposes, maintained as a non-conforming use, may be replaced with a similar structure of a larger size, so long as the replacement does not create new non-conformities or increase the extent of existing non-conformities with respect to yard size and setback requirements. In particular, a mobile home may be replaced with a larger mobile home, and a "single-wide" mobile home may be replaced with a "double-wide." This section is subject to the limitations stated in Section 4.05C.

C.

When any non-conforming use is discontinued for a period in excess of one (1) year, six (6) months for properties located in the CB, CBP, Municipal Service or H-115 District, the property shall not thereafter be used except in conformance with the regulation of the district.