Appendix 3125. Emergency/disaster relief.

In case of fire, flood, hurricane, tornado, and the like, and/or where the chairman of the county commissioners, the Governor of the State of North Carolina, and/or the President of the United States has declared an emergency or disaster, certain provisions of this section may be temporarily relieved for the duration of the emergency.

Specifically, manufactured homes or recreational vehicles may be placed on residential lots for temporary residential occupancy when a residence has been damaged by fire, flood, hurricane, tornado, or the like. This provision is not to be used for occupancy when a home is in disrepair. In the case of a non-residential use damaged by fire, flood, hurricane, tornado, or the like, a commercial modular with approved occupancy, as per North Carolina State Building Code may be used.

Any temporary structure must meet setbacks for that zoning district and all other applicable regulations (CAMA, FEMA, Environmental Health, etc.). In the event the temporary structure cannot meet the required setbacks, a variance must be first secured from the Zoning Board of Adjustment prior to the temporary structure being located on the property.

The temporary provision shall be allowed for a maximum of 180 days after the damage occurs. The owner may submit a written request to the director of planning and development prior to the expiration of 180 days for an extension to the time limit for circumstances when 180 days is not sufficient. The director is authorized to grant an extension not to exceed 365 days from the initial date of the damage.

Temporary provisions shall also be allowed in the event repair or replacement is being made pursuant to a governmental grant or program. However, any temporary structure shall be removed within 180 days or 30 days after the issuance of an occupancy permit for the dwelling or the installation of the manufactured home, whichever comes first.

This provision is not intended to allow extension of a nonconforming use.

(Ord. of 7-16-12(5))