State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_63 > GS_63-32

§63‑32.  Permits, new structures, etc., and variances.

(a)        Permits. – Whereadvisable to facilitate the enforcement of zoning regulations adopted pursuantto this Article, a system may be established by any political subdivision forthe granting of permits to establish or construct new structures and other usesand to replace existing structures and other uses or make substantial changestherein or substantial repairs thereof. In any event, before any nonconformingstructure or tree may be replaced, substantially altered or repaired, rebuilt,allowed to grow higher, or replanted, a permit must be secured from theadministrative agency authorized to administer and enforce the regulations,authorizing such replacement, change or repair. No such permit shall be grantedthat would allow the structure or tree in question to be made higher or becomea greater hazard to air navigation than it was when the applicable regulationwas adopted; and whenever the administrative agency determines that anonconforming structure or tree has been abandoned or more than eighty percent(80%) torn down, destroyed, deteriorated, or decayed: (i) no permit shall begranted that would allow said structure or tree to exceed the applicable heightlimit or  otherwise deviate from the zoning regulations; and (ii) whetherapplication is made for a permit under this paragraph or not, the said agencymay by appropriate action compel the owner of the nonconforming structure ortree, at his own expense, to lower, remove, reconstruct, or equip such objectas may be necessary to conform to the regulations or, if the owner of thenonconforming structure or tree shall neglect or refuse to comply with suchorder for 10 days after notice thereof, the said agency may proceed to have theobject so lowered, removed, reconstructed, or equipped. Except as indicated,all applications for permits for replacement, change or repair of nonconforminguses shall be granted.

(b)        Variances. – Anyperson desiring to erect any structures, or increase the height of anystructure, or permit the growth of any tree, or otherwise use his property, inviolation of airport zoning regulations adopted under this Article, may applyto the board of appeals, as provided in G.S. 63‑33, subsection (c), for avariance from the zoning regulations in question. Such variances shall beallowed where a literal application or enforcement of the regulations wouldresult in practical difficulty or unnecessary hardship and the relief grantedwould not be contrary to the public interest but do substantial justice and bein accordance with the spirit of the regulations and this Article.

(c)        Obstruction Markingand Lighting. – In granting any permit or variance under this section, theadministrative agency or board of appeals may, if it deems such actionadvisable to effectuate the purposes of this Article and reasonable in thecircumstances, so condition such permit or variance as to require the owner ofthe structure or tree in question to permit the political subdivision, at  itsown expense, to install, operate, and maintain suitable obstruction markers andobstruction lights thereon. (1941, c. 250, s. 4.)