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
·
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
(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
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repealed.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 |