Moore County planning board backs allowing rebuilding of damaged nonconforming buildings with up to 15% expansion

The Moore County Planning Board voted unanimously to recommend that the Moore County Board of Commissioners amend the county Unified Development Ordinance (UDO) to allow damaged nonconforming structures to be reconstructed and to permit minor expansions up to 15% so long as the addition does not extend into a setback.

Deborah, a county planning department staff member, told the board the proposal responds to at least one local business that experienced a fire and to language removed from the UDO when it was revised in February 2022. "This item is before you, and I know it's a special meeting, but, there is someone that had experienced a fire at their business," Deborah said, explaining the change would restore the county's prior approach while adding a 15% expansion cap. She summarized the proposed language: "minor expansions are allowed as long as the following is satisfied. The expansion is not greater than 15% of the nonconforming structure and does not extend into the setback."

Under the current UDO language, a category labeled "significant damage" effectively prevented reconstruction in many nonconforming cases; Deborah read the existing code that uses a 51% threshold for damage that would bar restoration except as a conforming use. The proposed amendment would remove the "significant damage" wording and instead authorize reconstruction of damaged or destroyed nonconforming buildings provided the nature or degree of the nonconformity is not increased from the pre-damage condition.

Board members discussed practical issues that could push rebuilding beyond a 15% expansion. One member asked whether the amendment should include an exception where modern building codes require larger accessible features. The board debated whether to raise the percentage or include a code-exception; Deborah and other members said the proposal was intended as a pragmatic fix for current cases and that the language could be tweaked if problems arise. As Deborah put it, if the approach "presents itself a problem, we will most definitely tweak it and bring it back."

The planning board opened a public hearing; no members of the public were present to speak and the hearing was closed. The board first adopted the required land-use consistency statement and authorized the chairman to execute it in reference to North Carolina general statute 160D-604, citing action item 4.11 from the land-use goals packet. The board then moved to recommend approval of the proposed UDO amendments to Chapter 9 (nonconforming situations), specifically section 9.5 (expansion) and section 9.7(a) (replacement/damaged or destroyed), as presented. Both procedural actions were approved by the board and will be forwarded to the Moore County Board of Commissioners for final action.

During the planning-department reports the board was also briefed on other pending items: staff said commissioners were reviewing proposed changes to the county's extraterritorial jurisdiction (ETJ) and that adopting statewide or revised watershed rules could affect future permitting; those topics were discussed as preparatory items for upcoming workshops and not decided at the special meeting.

The planning board's recommendation does not change the UDO until the Board of Commissioners takes action. Staff said the special meeting was scheduled to allow a quicker referral so the affected business could pursue rebuilding if commissioners approve the amendments.