ARTICLE I.  GENERAL PROVISIONS

 

 

1.1          Purpose and Intent

These regulations are necessary and are adopted in order to promote the public health, safety, morals, convenience, comfort, amenities, prosperity, and general welfare of persons within the planning jurisdiction of the Town of Wilkesboro.  Specifically, the regulations are intended to:

·   Implement relevant land-use plans;

·   Preserve and protect property values;

·   Facilitate the adequate and efficient provision of transportation, water, sewerage, parks, schools, and other public requirements;

·   Preserve and protect land, air, and water resources;

·   Ensure protection from fire, flood, and other dangers.

 

1.2          Authority

These regulations are adopted pursuant to the authority contained in Article 19 of Chapter 160A, “Planning and Regulation of Development,” of the North Carolina General Statutes.

 

1.3          Jurisdiction and Applicability

(A)     The provisions of this Ordinance shall apply to all portions of the Town of Wilkesboro and its extraterritorial jurisdiction as defined in an ordinance adopted and recorded in the Wilkes County Register of Deeds. 

(B)      These regulations are applicable to all development, public and private, throughout said jurisdiction and no land or structures shall be used or occupied, and no excavation, removal of soil, clearing of a site, or placing of fill shall take place on lands contemplated for development, and no structure, or part thereof, shall be constructed, altered, renovated, or moved, except in compliance with applicable provisions of this Ordinance.

(C)      Bona fide farms not exempt.  Bona fide farms, as defined in the North Carolina General Statutes and Article IX of this Ordinance, are not exempt from the provisions of this Ordinance.

 

1.4          Severability

If any section, provision, or standard of this Ordinance is found by a court of competent jurisdiction to be invalid, the decision of the court shall not affect the validity of any other section, provision, or standard of these regulations except that which is in question.  The other portions of these regulations not affected by the decision of the court shall remain in full force and effect.

 

1.5          Conflicting Provisions

(A)    If the provisions of this Ordinance are in conflict with those of the federal or state governments, or are inconsistent with other regulations of the Town, the more restrictive will control, to the extent permitted by law.

(B)     This Ordinance is not intended to abrogate, annul, or otherwise interfere with any easement, covenant or other private agreement or legal relationship otherwise in conformance with it.

 

1.6          Repeal of Existing Zoning Ordinance

The existing regulations, entitled Town of Wilkesboro Zoning Ordinance, are hereby repealed.

 

1.7          Continued Violations 

Any violation of the previous zoning ordinance shall continue to be a violation under this Ordinance, unless the circumstances that constituted a violation under the previous ordinance do not constitute a violation under this Ordinance, in which case enforcement action shall cease, except to the extent of collecting penalties assessed before the effective date of this Ordinance.

 

1.8          Interpretation and Word Usage

(A)    Meaning and Intent

All provisions, terms, phrases, and expressions contained in this Ordinance shall be construed according to this Ordinance’s stated purpose and intent.

(B)     Authority for Interpretation

The Zoning Enforcement Officer is responsible for interpreting the text of this Ordinance in accordance with the standards set forth in this Section and applicable Ordinance standards and requirements.  Interpretations of the Zoning Enforcement Officer may be appealed to the Board of Adjustment.

(C)     Delegation of Authority

Whenever a provision appears requiring an official or an employee of the Town to perform an act or duty, that provision shall be construed as authorizing the official to delegate the responsibility to subordinates, unless the terms of the provision specify otherwise.

(D)     Computation of Time

References to days are calendar days unless otherwise specified.

(E)      Lists and Examples

Unless otherwise specifically indicated, lists of items or examples that use the terms “such as,” “including,” or similar language are intended to provide examples only and should not be construed as exhaustive lists of all possibilities.

(F)      Mandatory and Discretionary Terms

The words “shall,” “will,” and “must” are mandatory.  The words “may” and “should” are advisory and discretionary.

(G)     Conjunctions

Conjunctions shall be interpreted as follows:  “and” indicates that all connected items, conditions, provisions, or events apply, while “or” indicates that one or more of the connected items, conditions, provisions, or events apply.

(H)     Tenses

Words used in one tense (present, past, future) include all other tenses, unless the context clearly indicates otherwise.  The singular includes the plural and the plural includes the singular.

 

1.9          Effective Date

This Ordinance will be effective February 1, 2005.

 

 

 

ARTICLE II.  ADMINISTRATION

 

 

2.1          Zoning Enforcement Officer

 

(A)   Establishment.  The provisions of this Ordinance shall be administered by the Zoning Enforcement Officer, who shall be appointed by the Town Board.

(B)    Duties.  The Zoning Enforcement Officer shall have the power to grant Zoning Compliance Permits, to make inspections of buildings or premises, revoke permits, and to perform other procedures necessary to carry out the enforcement of this Ordinance.  In connection with the enforcement of this Ordinance, the Zoning Officer shall make all necessary determinations and interpretations as required by this Ordinance.  Persons aggrieved by a decision or a determination made by the Zoning Officer may appeal that action to the Board of Adjustment.

 

2.2          Zoning Compliance Permit Required

(A)   It shall be unlawful to begin construction, place, or move any structure (including signs) or to begin to grade or excavate for immediate construction until the Zoning Officer has issued for such work a Zoning Compliance Permit which includes a determination that the site plan, building specifications, and the intended use of such structure conform in all respects to the provisions of this Ordinance.  Site plans shall be submitted in accordance with Article 2.4 of this Ordinance.

(B)    It shall be unlawful to change the type of use or type of occupancy of any building, or to extend any use of any lot on which there is a non-conforming use, until the Zoning Officer has issued for such intended use a Zoning Compliance Permit, including a determination that the proposed use does, in all respects, conform to the provisions of this Ordinance.

(C)    A Zoning Compliance Permit may be required for, but does not satisfy the need for, the issuance of a building permit when the proposed work requires it.  Applicants are responsible for obtaining any additional permits from other agencies as required by applicable laws.

 

2.3          Enforcement

 

The following procedures and penalties are pursuant to G.S. 14-4 and Part II, Chapter 1, Section 1-6 of the Town of Wilkesboro Code of Ordinances:

 

(A)   General Enforcement Procedures

 

(1)     Investigation

Upon the receipt of complaints or other information suggesting a violation of this

Ordinance, the Zoning Enforcement Officer shall investigate the allegations and determine whether a violation exists.

 

(2)     Warning of Violation

Upon determination of a violation, the Zoning Enforcement Officer shall cause a warning citation to be issued to the violator.  Such warning citation shall set out the nature of the violation, the section violated, the date of the violation, and shall contain an order to immediately cease the violation.  The warning citation shall specify that failure to correct the violation or to appeal the decision to the Board of Adjustment, within a specified time will incur a civil penalty, together with costs and attorney fees.

 

(3)     Appeal to Board of Adjustment

An appeal from a warning citation shall be taken within ten (10) days from the date of said warning citation to the Board of Adjustment.   If a person who receives a warning citation does not appeal the determination within the time established in this Section, then that person may not later appeal to the Board of Adjustment the subsequent imposition of any remedy or penalty provided in this article.

 

(4)     Extension of Time to Correct Violation

Where the Zoning Enforcement Officer determines that the period of time stated in the original warning citation is not sufficient for abatement based upon the work required or consent agreement, the enforcement official may amend the warning citation to provide for additional time, up to but not exceeding 30 days. The Zoning Enforcement Officer may grant an extension only by written notice of extension.

 

(5)     Enforcement Upon Failure to Correct Violation

Upon failure of the violator to obey the warning citation,  a civil citation shall be issued by the enforcement official of the Town of Wilkesboro and either served directly on the violator, his duly designated agent, or registered agent if a corporation, either in person or posted in the United States mail service by first class mail addressed to the last known address of the violator as contained in the records of Wilkes County or obtained from the violator at the time of issuance of the warning citation.  The violator shall be deemed to have been served upon the mailing of said citation.  The citation shall direct the violator to appear before the Zoning Enforcement Officer, or designee, within fifteen days of the date of the citation, or alternatively to pay the citation by mail.  The violation for which the citation is issued must have been corrected by the time the citation is paid; otherwise further citations shall be issued. 

 

(6)     Emergency Enforcement Without Notice

If delay in correcting a violation would seriously threaten the effective enforcement of this Ordinance or pose an immediate danger to the public health, safety, or welfare, then the Zoning Enforcement Officer may order the immediate cessation of a violation. The Zoning Enforcement Officer may seek immediate enforcement, without prior written notice, through any remedy or penalty authorized by this Article.

 

(B)    Remedies and Penalties

The Town may use any combination of the following actions and penalties to prevent, correct, stop, abate, or penalize a violation of this Ordinance:

 

 

(1)     Civil Penalties 

Violations of any Town ordinance shall constitute either a misdemeanor or, at the election of the Town, shall subject the offender to a civil penalty upon the issuance of a citation for said violation as hereinafter provided.  The civil penalty, if not paid to the Town of Wilkesboro within fifteen days of the issuance of a citation, may be recovered by the Town in a civil action in the nature of debt.  Unless otherwise provided by a specific provision of any Town ordinance, said civil penalties shall be in the amount of $50.00 for each violation and each day any single violation continues shall be a separate violation.

 

(2)     Criminal Penalties

Violation of this Ordinance shall constitute a misdemeanor and is punishable by a fine of up to $500.00, and imprisonment of up to 30 days, or both.  Notwithstanding the provisions of this article related to warnings, notices, and time periods, any crime for the purposes of a criminal penalty occurs and accrues at the time a person violates this Ordinance, whether or not a warning or notice is given. Each day that any violation continues shall constitute a separate offense for the purpose of assessing criminal penalties.

 

(3)     Injunction and Abatement Order

In addition to the penalties set out above, this Ordinance may be enforced by injunction and order of abatement by the General Court of Justice.  When violations occur, the Town may apply to the appropriate division of the General Court of Justice for a mandatory or prohibitory injunction and/or order of abatement commanding the defendant to correct the violation. The action shall be governed in all respects by the laws and rules governing civil proceedings, including the Rules of Civil Procedure in general and Rule 65 in particular.

 

(4)     Permit Revocation

If a person fails to comply with the terms and conditions of a permit or development approval granted under this Ordinance, the Zoning Enforcement Officer may revoke the permit or development approval.

 

(5)     Disapproval of Subsequent Permits and Development Approvals

As long as a violation of this Ordinance continues and remains uncorrected, the Zoning Enforcement Officer may withhold, and the Zoning Enforcement Officer and other Town boards may disapprove, any request for permit or development approval or authorization provided for by this Ordinance for the land on which the violation occurs.

 

2.4          Site Plan Approval

                Reserved

 

2.5          Legal Nonconformities

 

(A)   Intent

The intent of this section is to regulate and limit the continued existence of nonconforming uses, nonconforming lots, and nonconforming structures and like improvements.  It is the intent of this section to permit these nonconformities to continue until they are removed, but not to encourage their survival except under the limited circumstances established in this section.

 

(B)    Establishment

 

(1)     A legal nonconformity (hereafter referred to as “nonconformity”) is a use, lot, structure or other like improvement that complied with all applicable requirements when it was created, but which does not comply with subsequent amendments to these requirements.

(2)     The burden of establishing that a nonconformity is a legal nonconformity shall be solely upon the owner.

 

(C)    Nonconforming Uses

 

(1)     Continuation 

(a)     A nonconforming use may not be enlarged, extended, altered, or replaced, unless the change is to a use permitted in the district in which located, except as provided in (b) below;

(b)     A non-conforming use may be extended through portions of a building manifestly arranged or intended for such use, but not otherwise, and shall not extend to occupy land outside such building, or any additional building not used for such non-conforming use at the time that non-conforming status was established;

(c)     Normal maintenance or repair of a structure housing a nonconforming use may be performed, provided that the cubic content of the structure shall not be increased.

 

(2)     Discontinuance

(d)     If a nonconforming use is abandoned, ceases, or is discontinued for any reason for a period of more than 180 consecutive days, the use shall be considered abandoned.  Once abandoned, the use’s legal nonconforming status shall be lost and re-establishment of the use shall be prohibited.  Any subsequent use of the property shall comply with the regulations of the zoning district in which it is located.

(e)     Evidence of abandonment shall include but not be limited to: cessation or discontinuance of the particular use, disconnection of water service to the property, disconnection of electric service to the property, failure to pay property taxes, or failure to maintain the property.

(f)      Any conforming structure housing a nonconforming use that is damaged by any means to an extent exceeding 60 percent shall comply with the use standards of this Ordinance when it is re-constructed.  Any conforming structure housing a nonconforming use that is damaged by any means to a lesser extent may continue the nonconforming use if it is reconstructed and used as before within two years of the damage.

 

 

(D)    Nonconforming Lots

 

(1)     Nonconforming lots, as defined above, may be built upon if compliance is achieved with regard to setback dimensions and other requirements, except lot area or width.

(2)     Nothing contained herein exempts a lot from meeting the applicable County Board of Health regulations regarding public facilities such as water and sewerage.

 

 

(E)     Nonconforming Structures

 

(1)     Normal maintenance and repair is permitted.

(2)     Structural changes shall be permitted if the change does not increase the extent of nonconformity and complies with other applicable requirements of this Ordinance.

(3)     Any nonconforming structure which has been damaged to an extent exceeding 60 percent of its fair market value shall comply with the dimensional and other applicable standards of this Ordinance when it is re-constructed.

(4)     If a nonconforming structure, or portion thereof, or any structure or portion thereof containing a nonconforming use becomes physically unsafe or unlawful due to the lack of repairs or maintenance, and is declared to be an unsafe structure, it shall thereafter be rebuilt and repaired in conformance with the standards of this Ordinance.

 

 

2.6          Vested Rights

 

(A)    Definitions

 

(1)     Vested Right.  A right pursuant to G.S. 160-385.1 to undertake and complete the development and use of property under the terms of and conditions of an approved site-specific or phased development plan.

(2)     Site Specific Development Plan.  A plan of land development which has been submitted to the Town by a landowner describing with reasonable certainty the type and intensity of use for a specific parcel or parcels of land.  Approval of the following constitutes approval of a site-specific development plan:

                                                           (a)      a site plan pursuant to Article 2.3 of this Ordinance;

                                                           (b)      a conditional use permit pursuant to Article 4.4 of this Ordinance;

 

 

(B)     Establishment

 

(1)     A vested right shall be deemed established with respect to any property upon the valid approval, or conditional approval, of a site-specific development plan by the Town Board following notice and public hearing requirements as provided in G.S. 160A-364.  A site specific development plan shall be deemed approved upon the effective date of approval by the approving authority or ordinance relating thereto, and only to the extent of that approval.

(2)     Neither a variance, a sketch plan nor any other document that does not describe with reasonable certainty the type and intensity of use for a specified parcel or parcels of property shall constitute a site specific development plan.

(3)     The establishment of a vested right shall not preclude the application of overlay zoning that imposes additional requirements but does not affect the allowable type or intensity of use, or ordinances or regulations that are general in nature and are applicable to all property subject to land-use regulation by the local jurisdiction, including, but not limited to, building, fire, plumbing, electrical, and mechanical codes. Otherwise applicable new or amended regulations shall become effective with respect to property that is subject to a site specific development plan upon the expiration or termination of the vested right in accordance with this section. 

(4)     A vested right is not a personal right, but shall attach to and run with the applicable property. After approval of a site specific development plan, all successors to the original landowner shall be entitled to exercise such right while applicable.

 

 

(C)    Duration

 

(1)     A right which has been vested as provided for in this section shall remain vested for a period of two (2) years.

(2)     This vesting shall not be extended by any amendments or modifications to a site specific development plan unless expressly provided by the approving authority at the time the amendment or modification is approved.

(3)     Following approval, or approval with conditions, of a site specific development plan, nothing in this section shall exempt such a plan from subsequent reviews and approvals to ensure compliance with the terms and conditions of the original approval, provided that such reviews and approvals are not inconsistent with the original approval.

 

 

(D)    Termination. 

 

A right that has been vested as provided in this section shall terminate upon any of the following:

 

(1)           No Building Permit. Termination of the applicable vesting period with respect to buildings and uses for which no valid building permit has been issued or for which a valid building permit has expired;

(2)           Written Consent. Written consent of the affected landowner;

(3)           Threat to Public Health or Safety. Findings by the Zoning Enforcement Officer, who must present the findings to the Town Board for them to adopt by ordinance, that natural or constructed hazards on or in the immediate vicinity of the property, if uncorrected, would pose a serious threat to the public health, safety, and welfare if the project were to proceed as contemplated in the site specific development plan;

(4)           Compensation. Compensation to the affected landowner for all costs, expenses, and other losses incurred by the landowner, including, but not limited to, all fees paid in consideration of financing, and all architectural, planning, marketing, legal, and other consultant's fees incurred after approval by the local jurisdiction, together with interest thereon at the legal rate until paid. Compensation shall not include any diminution in the value of the property which is caused by such action;

(5)           Misrepresentation. Findings by the Town Board, by ordinance after notice and a hearing, that the landowner or his representative intentionally supplied inaccurate information or made material misrepresentations which made a difference in the approval by the Town Board of the site specific development plan; or,

(6)           State or Federal Law. Enactment or promulgation of a state or federal law or regulation that precludes development as contemplated in the site specific development plan, in which case the Town Board may modify the affected provisions, upon a finding that the change in state or federal law has a fundamental effect on the plan, by ordinance, after notice and a hearing.

 

2.7          Board of Adjustment

 

(A)   Establishment and Membership

 

(1)     Pursuant to G.S. 160A-388, a Board of Adjustment is hereby established.  Said board shall consist of at least five members, each to be appointed for three (3) year terms.  At least four (4) members will be residents of the Town of Wilkesboro and appointed by the Town of Wilkesboro Board of Commissioners (“Town Board”) and the remaining members will be residents of the Town’s extraterritorial jurisdiction and will be appointed by the Wilkes County Board of Commissioners.  Any vacancy in the membership shall be filled for the unexpired term in the same manner as the initial appointment.

 

(2)     One alternate member will be appointed by the Town Board, who will serve in the absence of a regular member.  The alternate member will be appointed for a term of three (3) years.  While serving in the absence of a regular member, the alternate shall have and may exercise all the powers and duties of a regular member.

 

(3)     Members shall serve with such compensation as shall be determined by the Town Board.  Also, members may be removed by the Board for inefficiency, neglect of duty, or malfeasance in office, and such removal shall be reported at the next meeting of the Town Board and recorded in the minutes of such meeting.

 

(4)     The Board of Adjustment shall adopt by-laws and rules of procedure that shall govern its proceedings.

 

 

(B)    Powers of the Board of Adjustment

 

(1)     To hear and decide appeals from and review any order, requirement, decision, or determination made by any administrative official charged with the enforcement of this Ordinance;

 

(2)     To hear and decide requests for variances from the requirements of this Ordinance;

 

(3)     To review applications for conditional use permits as authorized under this Ordinance;

 

(4)     To make interpretations of the Official Zoning Map and to pass upon disputed questions of lot lines or district boundary lines and similar questions as arise in the administration of this Ordinance;

 

(5)     To enter, at reasonable times, upon private lands and make examinations or surveys as necessary for the performance of its official duties;

 

(6)     To request City Council to hold public hearings on matters within the purview of the Board;

 

(7)     To hear and decide any other matter as required by the provisions of this Ordinance or the Town of Wilkesboro Code of Ordinances.

 

(C)    Appeals of Administrative Decisions

 

(1)     The Board of Adjustment shall hear and decide appeals from and review any order, requirement, decision or determination made by an administrative official charged with the enforcement of this Ordinance.  An appeal may be taken by any person aggrieved by such decision or by an officer, department or board of the Town. 

 

(2)     After notice of appeal, the chairperson of the Board of Adjustment shall schedule a hearing, which shall be at a regular or special meeting within sixty (60) days from the filing of such notice of appeal.

 

(3)     A notice of hearing that states the time, place, location of affected property, and the general issue involved, shall be given in at least two (2) of the following ways:

 

                                                                       (a)      An advertisement in a newspaper of general circulation in the Town of Wilkesboro at least five (5) days before the date of the hearing;

                                                                       (b)      Mailed notice to the parties to the action appealed from, and to such other persons as the Zoning Enforcement Officer shall direct, at least five (5) days before the hearing;

                                                                       (c)      Posting of signs in the neighborhood of the affected property.

 

(4)     An appeal stays all legal proceedings in furtherance of the action appealed from, unless the Zoning Enforcement Officer certifies to the Board of Adjustment, after the notice of appeal has been filed, that because of facts stated in the certificate, a stay would cause imminent peril to life or property or that because the violation charged is transitory in nature, a stay would seriously interfere with enforcement of this Ordinance.  In such case proceedings shall not be stayed except by a restraining order, which may be granted by the Board or by a court of record on application, on notice to the Zoning Enforcement Officer, and on due cause shown.

 

 

(D)    Conditional Use Permits (See Article 4.4)

 

 

(E)     Variances

 

(1)     A variance from the literal requirements of this Ordinance may be granted by the Board of Adjustment if it determines, pursuant to findings of fact, that:

 

                                                            (a)      strict enforcement of the regulations would result in practical difficulties or unnecessary hardships to the applicant for the variance;

                                                            (b)      the variance is in harmony with general purpose and intent of the ordinance and preserves its spirit, and;

                                                            (c)      in granting the variance the public safety and welfare have been secured and substantial justice has been done.

 

(2)     An application and required submittals shall be done in accordance with forms available from the Zoning Enforcement Officer.

 

(3)     After receipt of the required application materials, the chairperson of the Board of Adjustment shall schedule a hearing, which shall be at a regular or special meeting within sixty (60) days from the filing of an application.

 

(4)     Written notice of the public hearing shall be mailed at least 15 days prior to the date of the public hearing to the applicant and the owners of any property adjoining the property for which the variance is applied for.

 

 

(F)     Majority Vote Required

 

The concurring vote of four-fifths (4/5) of the members of the Board shall be necessary to reverse any order, requirement, decision, or determination of any administrative official charged with the enforcement of this Ordinance, or to decide in favor of the applicant any matter upon which it is required to pass under any ordinance, or to grant a variance from the provisions of this Ordinance.

 

(G)    Judicial Review

 

Every decision of the Board of Adjustment may be appealed to the Superior Court by any aggrieved party.  Such appeal shall be in the nature of certiorari and must be filed within 30 days after the filing of the decision in the office of the Zoning Enforcement Officer, or after a written a copy thereof is delivered to every aggrieved party who has filed a written request for such copy with the chairman of the Board at the time of its hearing of the case, whichever is later. The copy of the decision of the Board may be delivered to aggrieved parties either by personal service or by registered mail or certified mail return receipt requested.

 

 

 

ARTICLE III.  AMENDMENTS

 

 

3.1          General

 

(A)   The Town Board may adopt an ordinance amending the text of this Ordinance or amending the Official Zoning Map upon compliance with the provisions of this section.

 

(B)    A petition for amendment to the text of this Ordinance or to the Official Zoning Map may be proposed by the Town Board, the Planning Board, the Board of Adjustment, the Zoning Enforcement Officer, or other interested person or agency.  Forms are available from the Zoning Enforcement Officer.

 

3.2          Planning Board and Town Board

 

(A)   Referral.  The Zoning Officer shall submit the amendment application and his/her review to the Planning Board no later than the first regular meeting after submittal to the Zoning Enforcement Officer;

(B)    Recommendation.  Within a maximum of forty-five (45) days after the regular meeting at which a review of the application is scheduled, the Planning Board shall submit a recommendation to the Town Board concerning the disposition of the application.  Failure of the Planning Board to submit a recommendation within the required time shall be considered a favorable recommendation, without conditions;

(C)    Public Hearing.  Following receipt of a recommendation from the Planning Board, the Town Board must hold a public hearing before formally acting on the proposed amendment. 

 

3.3          Public Hearing and Notice Requirements

 

(A)   Text Amendment.  The following requirements are established pursuant to G.S. 160A-364:

 

(1)     A notice of the public hearing shall be given once a week for two successive calendar weeks in a paper of general circulation in the area, and;

(2)     The notice shall be published the first time not less than ten (10) days nor more than twenty-five (25) days before the date fixed for the hearing;

(3)     In computing such period, the day of publication is not to be included, but the day of the hearing shall be included.

 

(B)    Zoning Map Amendment (Rezoning).  The following requirements are established pursuant to G.S. 160A-384:

 

(1)     A notice of the public hearing shall be sent by first-class mail to the owner of the parcel of land to be rezoned and all of the abutting land owners at the address listed for the owners on the most recent county tax listing;

(2)     This notice must be deposited in the mail at least ten (10), but not more than twenty-five (25) days prior to the date of the public hearing;

(3)     In computing such period, the day of publication is not to be included, but the day of the hearing shall be included.

 

(C)    Alternate Notice Procedure (Rezoning Only).  The following procedure, pursuant to G.S. 160A-384, may be used in lieu of the mailed notice above if the zoning map amendment affects more than fifty (50) properties that are owned by a total of at least fifty (50) different property owners:

 

(1)     An advertisement of the public hearing that shows the boundaries of the area affected by the proposed zoning map amendment and the nature of the proposed change shall be published once a week for four (4) successive weeks in a newspaper of general circulation in the area.; 

(2)     The final two advertisements shall comply with the provisions of G.S. 160A-364;

(3)     The advertisement shall not be less than one-half of a newspaper page in size;

(4)     The advertisement shall only be effective for property owners who reside within the area of general circulation of the newspaper that publishes the notice and property owners who reside outside of the newspaper circulation area shall be notified by first class mail at the address listed for the owner on the most recent county tax listing.

 

 

3.4          Protest Petitions

 

(A)   In case of a protest against any amendment or change of this Ordinance signed by the owners of twenty percent (20%) or more, either of the area of the lots included in such proposed change; or of those immediately adjacent thereto, either in the rear thereof or on either side thereof, extending one hundred (100) feet there from; or of those directly opposite thereto extending one hundred (100) feet from the street frontage of such opposite lots; such amendment shall not become effective except by favorable vote of three-fourths (3/4) of all members of the Town Board.

 

(B)    No protest against any change or amendment of this Ordinance shall be valid or effective under the provisions of the foregoing paragraph unless such protest is in the form of a written petition actually bearing the signatures of the requisite number of property owners and stating that the signers do protest the proposed change or amendment, and unless such protest shall have been received by the Town Board in sufficient time to allow at least two (2) normal workdays prior to the date established for a public hearing on the proposed change or amendment to determine the sufficiency and accuracy of the petition. Such petition shall be accompanied by a map or sketch clearly showing the property of the petitioners in such detail as to show that the ownership requirements of the foregoing paragraph are met, which would compel a three-fourths (3/4) favorable vote by the Town Board.

 

 

3.5          Withdrawal of Application

 

A zoning petition may not be withdrawn by the applicant after publication, or scheduled publication which cannot be cancelled, of notice of public hearing except by permission of the Town Board before which the petition is pending for action or consideration. The filing fees are not refundable, except that the Zoning Enforcement Officer may authorize refund of the fees if no notice expenses related to the petition have been incurred.

 

3.6          Effect of Denial on Subsequent Petitions

 

(A)   When the Town Board shall have acted upon an application or the application shall have been withdrawn after the first notice of the public hearing thereon, the Board of Commissioner shall not receive another application for the same or similar text or map amendment, affecting the same property or a portion of it, until the expiration of a one year period, extending from the date of action or withdrawal, as appropriate.

 

(B)    The Town Board may on its own motion, however, initiate an amendment of this nature prior to the expiration of the one year period.

 

 

3.7          Minor Changes

 

Typographical errors, spelling changes, numerical reference errors, errors in section or page numbering, or other purely non-substantive editorial changes may be corrected by the Zoning Officer without formal adoption by the Town Board provided that the changes necessary to correct such errors do not change the meaning of the Ordinance. Any correction made pursuant to this section must be documented to the Town Board.

 

 

 

 

ARTICLE IV. ZONING DISTRICTS

 

 

4.1          Official Zoning Map

 

(A)      The Official Zoning Map designates the location and boundaries of the various zone districts established in this Ordinance within the Town and its ETJ (hereinafter “Town”), and is incorporated herein by reference. The Official Zoning Map shall be kept on file in the office of the Zoning Enforcement Officer and is available for public inspection during normal business hours.

 

(B)       Zone District Boundaries

Unless otherwise specified, zone district boundaries are lot lines or the centerline of streets, alleys, railroad rights-of-way, or such lines extended. Where a zone district boundary divides a land parcel under a single ownership into two districts, then the entire parcel shall be zoned for the less restrictive use by the adjustment of the boundaries, provided that the boundary adjustment is a distance of less than 100 feet.

 

(C)       Changes to Official Zone District Map

Changes made in zone district boundaries or other matters portrayed on the Official Zoning Map shall be made in accordance with the provisions of this Ordinance.  Changes shall be entered on the Official Zoning Map promptly after the amendment has been approved by the Town Board with an entry on the Official Zoning Map. 

 

(D)      Mapping Disputes

The Zoning Enforcement Officer shall have the authority to interpret the Official Zone District Map and determine where the boundaries of the different zone districts fall, if in dispute.

 

 

4.2          Zoning Districts – Intent and Dimensional Requirements

 

(A)   R-20A – Residential/Agricultural

 

(1)     Intent 

The purpose of the R-20A district is to provide for development compatible with bona-fide agricultural uses and rural residential uses, such as manufactured housing.  

 

(2)     Application Criteria

These districts will usually be applied:

(a)     in the Town’s extraterritorial jurisdiction and;

(b)     adjacent to areas zoned R-20, B-3, M-2.

 

(3)     General Dimensional Requirements

There are two lot size requirements for the district depending on whether a lot is served by centralized water or sewer. 

 

 

Minimum Lot Area

(sq. ft.)

Minimum Lot Width (ft)

Maximum Density (du/acre)

Minimum Front Setback (ft)

Minimum Side Setback (ft)

Minimum Rear Setback (ft)

Maximum Building Height (ft)

Interior Lot

Corner Lot

20,000 (without centralized water or sewer)

100

2.18

40

15

25

[see Art.6.1(A)]

30

[see Art.6.1(A)]

35

12,000 (with either centralized water or sewer)

90

3.63

35

10

20

[see Art.6.1(A)]

25

[see Art.6.1(A)]

35

 

 

 

(B)    R-20 – Suburban Residential

 

(1)     Intent.  The purpose of the Suburban Residential district is to provide areas suitable for low- to moderate-density residential development and supporting public, institutional, and other compatible uses that are designed, constructed, and maintained to avoid detracting from a healthy and aesthetically-pleasing residential environment.  This district is generally designed to encourage development of single-family detached residences.

 

(2)     Application Criteria.  These districts will usually be applied:

(a)     Adjacent to areas zoned R-20A, R-8, B-2, B-3, M-2, PUD, or areas laying just outside of the extraterritorial jurisdiction of the Town;

(b)     Neither centralized water nor sewer exists at the site;

(c)     Either centralized water or sewer exists at the site, but not both.

 

(3)     General Dimensional Requirements.  There are two lot size requirements for the district depending on whether a lot is served by centralized water or sewer. 

 

 

Minimum Lot Area

(sq. ft.)

Minimum Lot Width (ft)

Maximum Density (du/acre)

Minimum Front Setback (ft)

Minimum Side Setback (ft)

Minimum Rear Setback (ft)

Maximum Building Height (ft)

Interior Lot

Corner Lot

20,000 (without centralized water or sewer)

100

2.18

40

15

25

[see Art.6.1(A)]

30

[see Art.6.1(A)]

35

12,000 (with either centralized water or sewer)

90

3.63

35

10

20

[see Art.6.1(A)]

25

[see Art.6.1(A)]

35

 

 

 

(C)    R-8 – Single-Family Residential

 

(1)     Intent.  The purpose of the Single-Family Residential district is to provide areas suitable for moderate-density residential development and supporting public, institutional, and other compatible uses that are designed, constructed, and maintained to avoid detracting from a healthy and aesthetically-pleasing residential environment.  This district will be served by centralized water and sewer facilities.

 

(2)     Application Criteria.  These districts will usually be applied:

(a)     Adjacent to areas zoned R-20, R-6, B-3, B-1, or PUD;

(b)     Centralized water and sewer exists at the site, or are to be installed as part of the development process;

(c)     There is direct vehicular access to a local or collector street.

 

(3)     General Dimensional Requirements.

 

 

Minimum Lot Area

(sq. ft.)

Minimum Lot Width (ft)

Maximum Density (du/acre)

Minimum Front Setback (ft)

Minimum Side Setback (ft)

Minimum Rear Setback (ft)

Maximum Building Height (ft)

Interior Lot

Corner Lot

8,000

70

5.44

35

10

20

[see Art.6.1(B)]

25

[see Art.6.1(B)]

35

 

 

 

(D)    R-6 – General Residential

 

(1)     Intent.  The purpose of the General Residential district is to provide areas for higher-density single-family residential, two-family residential, multi-family residential, and other compatible uses that are designed, constructed, and maintained to avoid detracting from a healthy and aesthetically-pleasing residential environment.   This district also serves as a transitional district for areas that may be changing from single-family to more intense uses such as multi-family or professional uses. This district will be located in urbanized areas with access to a full range of urban services.

 

(2)     Application Criteria.  These districts will usually be applied:

(a)     Adjacent to areas zoned R-8, B-1, B-2, B-3, M-2, or PUD;

(b)     Centralized water and sewer exists at the site, or are to be installed as part of the development process;

(c)     There is direct vehicular access to a local or collector street.

 

(3)     General Dimensional Requirements.  There are several lot size requirements for the district depending on the use.

 

 

Minimum Lot Area

(sq. ft.)

Minimum Lot Width (ft)

Maximum Density (du/acre)

Minimum Front Setback (ft)

Minimum Side Setback (ft)

Minimum Rear Setback (ft)

Maximum Building Height (ft)

Interior Lot

Corner Lot

6,000 -

single-family

60

7.26

25

8

18

[see Art.6.1(C)]

30

[see Art.6.1(C)]

35

9,000 -

two-family

70

9.68

30

10

20

[see Art.6.1(C)]

25

[see Art.6.1(C)]

35

9,000 -

multi-family

80

10.89

35

12

22

[see Art.6.1(C)]

30

[see Art.6.1(C)]

50

6,000 -

other uses

60

---

25

8

18

[see Art.6.1(C)]

20

[see Art.6.1(C)]

35

 

 

 

 

(E)     B-1 – Central Business

 

(1)     Intent.  The purpose of the Central Business district is to encourage a mixed-use, pedestrian-oriented business district.  The district is intended to accommodate a wide range of uses including retail, office, service, and institutional, as well as residential uses on floors above street level.  Performance standards shall be used to insure the absence of adverse impacts beyond the zoning district boundaries.

 

(2)     Application Criteria.  These districts will usually be applied:

(a)     Adjacent to areas zoned B-1, B-2, B-3, or R-6;

(b)     Centralized water and sewer exists at the site, or are to be installed as part of the development process;

(c)     Development is at a high density and pedestrian facilities already exist or can be reasonably extended.

 

(3)     General Dimensional Requirements.

 

 

Minimum Lot Area

(sq. ft.)

Minimum Lot Width (ft)

Minimum Front Setback (ft)

Minimum Side Setback (ft)

Minimum Rear Setback (ft)

Maximum Building Height (ft)

Interior Lot

Corner Lot

---

---

---

See Art. 5.3(C)

---

---

40

 

 

 

(F)     B-2 – General Business

 

(1)     Intent.  The purpose of the General Business district is to provide suitably situated and sized sites that allow a broad range of commercial, office, and service uses.  In most cases, this district will be located along thoroughfares, however, the district is not intended to encourage strip commercial development.  Performance standards shall be used to insure the absence of adverse impacts beyond the zoning district boundary.

 

(2)     Application Criteria.  These districts will usually be applied:

(a)     Adjacent to areas zoned B-1, B-2, B-3, M-1, or M-2;

(b)     Centralized water and sewer exists at the site, or are to be installed as part of the development process;

(c)     Development will have access via an arterial street.

 

(3)     General Dimensional Requirements.

 

Minimum Lot Area

(sq. ft.)

Minimum Lot Width (ft)

Minimum Front Setback (ft)

Minimum Side Setback (ft)

Minimum Rear Setback (ft)

Maximum Building Height (ft)

Interior Lot

Corner Lot

10,000

100

30

See Art. 5.3(C)

20

20

50

 

 

 

(G)    B-3 – Limited Business

 

(1)     Intent.  The purpose of the Limited Business district is to accommodate moderately intense business and institutional uses in proximity to areas of low intensity use, such as residential neighborhoods.  This district may also be used in rural areas where urban services are not provided.  Performance standards shall be used to insure the absence of adverse impacts beyond the area occupied by the building.

 

(2)     Application Criteria.  These districts will usually be applied:

(a)     Adjacent to areas zoned R-20, R-6, B-1, B-2, B-3, M-1, or M-2;

(b)     Adequate water and sewer facilities exist either through centralized provision or other means;

(c)     The site would provide a buffer or step down in the intensity of land use from a commercial or industrial use to a less intense use;

 

 

(3)     General Dimensional Requirements.

 

 

Minimum Lot Area

(sq. ft.)

Minimum Lot Width (ft)

Minimum Front Setback (ft)

Minimum Side Setback (ft)

Minimum Rear Setback (ft)

Maximum Building Height (ft)

Interior Lot

Corner Lot

10,000

75

20

10

20

10

40

 

 

 

(H)    M-1 – Industrial

 

(1)     Intent.  The purpose of the Industrial district is to provide locations for enterprises engaged in manufacturing, processing, creating, repairing, renovating, painting, cleaning, and assembling of goods or equipment.  This district includes uses that may be offensive due to odors, dust, fumes, traffic, or vibration.  The operation may involve some outside activity, such as outdoor storage.  To the extent possible, this district will be located away from incompatible uses and separated by features such as roads, natural features, etc.  Where this is not possible, performance standards will be used to insure the absence of adverse impacts on adjoining properties.

 

(2)     Application Criteria.  These districts will usually be applied:

(a)     Adjacent to areas zoned B-2, M-1, or M-2;

(b)     Centralized water and sewer exists at the site, or are to be installed as part of the development process;

(c)     Development will have access via an arterial street;

(d)     Where roads, natural features, and the like provide a buffer between the district and other incompatible land uses.

 

(3)     General Dimensional Requirements.

 

 

Minimum Lot Area

(sq. ft.)

Minimum Lot Width (ft)

Minimum Front Setback (ft)

Minimum Side Setback (ft)

Minimum Rear Setback (ft)

Maximum Building Height (ft)

Interior Lot

Corner Lot

40,000

150

40

See Art. 5.3(C)

20

30

---

 

 

 

(I)      M-2 -  Limited Industrial

 

(1)     Intent.  The purpose of the Limited Industrial district is to provide suitable locations for enterprises engaged in limited manufacturing, distribution, wholesaling, warehousing, and related commercial and service activities.  The operation will minimize outdoor storage or similar activity that may have adverse impacts outside of the property.  Performance standards will be used to insure the absence of adverse impacts on adjoining properties.

 

(2)     Application Criteria.  These districts will usually be applied:

(a)     Adjacent to areas zoned R-6, B-2, B-3, M-1, or M-2;

(b)     Adequate water and sewer facilities exist either through centralized provision or other means;

(c)     Development will have access via an arterial street.

 

(3)     General Dimensional Requirements.

 

 

Minimum Lot Area

(sq. ft.)

Minimum Lot Width (ft)

Minimum Front Setback (ft)

Minimum Side Setback (ft)

Minimum Rear Setback (ft)

Maximum Building Height (ft)

Interior Lot

Corner Lot

20,000

100

30

See Art. 5.3(C)

20

20

---

 

 

 

4.3          Permitted Uses

 

(A)           Table 4.3 lists uses permitted within each district in accordance with the following:

(1)      A “P” indicates a use permitted by right;

(2)     A “C” indicates a use permitted under certain conditions;

(3)     A blank cell indicates a use that is not allowed;

(4)     A notation in the “Standards” column indicates the cross-reference for additional standards a use must meet.

 

(B)           Use Interpretation.  If an application is submitted for a use that is not listed, a Use Interpretation committee shall be authorized to make a similar use interpretation based on the intent of the district and the similarity to other uses in the district.  This committee will consist of the Zoning Enforcement Officer and one member appointed from the Planning Board.  If an applicant is denied a favorable use interpretation, they may appeal the decision to the Board of Adjustment in accordance with this Ordinance.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Table 4.3

 

USE TYPE

R20A

R20

R8

R6

B1

B2

B3

M1

M2

Standards

RESIDENTIAL USES

 

 

 

 

 

 

 

 

 

 

Accessory Dwelling

 

 

 

 

P

 

 

 

 

6.6

Accessory Structures, Customary

P

P

P

P

 

 

 

 

 

6.1

Boarding or Rooming House

 

 

 

P

 

 

 

 

 

 

Condominium

 

 

 

C

 

 

 

 

 

 

Duplex

 

 

 

P

 

 

 

 

 

 

Family Care Home

P

P

P

P

 

 

 

 

 

6.8

Home Occupation, Customary

P

P

P

P

 

 

 

 

 

 

Manufactured Home

P

 

 

 

 

 

 

 

 

6.11

Manufactured Home Park

P

 

 

 

 

 

 

 

 

6.12

Mobile Home

 

 

 

 

 

 

 

 

 

 

Modular Home

P

P

C

C

 

 

 

 

 

 

Multi-Family or Apartments

 

 

 

C

 

 

 

 

 

6.16

Single-Family, detached

P

P

P

P

 

 

 

 

 

 

Townhouse

 

 

C

C

 

 

 

 

 

 

COMMERCIAL USES

 

 

 

 

 

 

 

 

 

 

ABC Store

 

 

 

 

 

P

 

 

 

 

Accessory Uses and Structures

 

 

 

 

P

P

P

P

P

6.1

Adult Establishment

 

 

 

 

 

P

 

 

 

6.2

Animal Hospital (without open kennels)

 

 

 

 

 

P

 

 

P

 

Appliance Sales and Service

 

 

 

 

 

P

 

 

P

 

Bank or Financial Service

 

 

 

 

P

P

P

 

 

 

Bar or Nightclub

 

 

 

 

 

P

 

 

 

 

Bed and Breakfast

P

P

C

P

 

 

 

 

 

6.3

Beauty or Barber Shop

 

 

 

 

P

P

P

 

 

 

Bicycle Sales and Service

 

 

 

 

 

P

P

 

P

 

USE TYPE

R20A

R20

R8

R6

B1

B2

B3

M1

M2

Standards

Boat Sales and Service

 

 

 

 

 

P

 

 

P

 

Building Materials, Supply and Sales

 

 

 

 

 

P

 

P

P

 

Bus Station