(A) Jurisdiction. The regulations and provisions found in this zoning ordinance shall apply to all the properties within the corporate limits and the extraterritorial jurisdiction of the Town of Fairmont, North Carolina, established pursuant to G.S. § 160D-202, which shall comprise the Town of Fairmont's planning jurisdiction. For similar state law provisions, refer to G.S. § 160D-201(a).
(1) In addition to other locations required by law, a copy of a map showing the boundaries of the town's planning jurisdiction shall be available for public inspection in the Municipal Building.
(2) Except as hereinafter provided, no building or structure shall be erected, moved, altered, or extended, and no land, building, or structure or part thereof shall be occupied or used unless in conformity with the regulations specified for the district in which it is located.
(3) Pursuant to G.S. § 160A-392, the provisions of this chapter shall not be applicable to any lands owned by any governmental body (Federal, State, or local), but shall be applicable to the erection, construction, and use of buildings owned by a governmental body (Federal, State, or local).
(4) Pursuant to G.S. § 160A-458.5, forestry activity on forestland that is taxed on the basis of its present-use value as forestland under G.S. Chapter 105, Article 12, or forestry activity that is conducted in accordance with a forest management plan that is prepared or approved by a forester registered in accordance with G.S. Chapter 89B shall not be subject to the regulations of this chapter.
(5) Pursuant to G.S. § 160A-360(k), property located within the town's extraterritorial planning and zoning jurisdictional area that is used for bona fide farm purposes, as defined in G.S. § 153A-340, is not subject to the regulations of this chapter. However, when such property ceases to be used for bona fide farm purposes, it shall become subject to the provisions of this chapter.
(B) Extraterritorial jurisdiction. The extraterritorial jurisdiction of the town is that area described in the ordinance adopted by the Town Board of Commissioners on April 8, 1975. Such planning jurisdiction may be modified from time to time in accordance with G.S. Chapter160D. For similar state law provisions, refer to G.S. § 160D-202(a).
(1) Authority in the extraterritorial area. The town may not exercise extraterritorially any power conferred by this chapter in its extraterritorial jurisdiction that it is not exercising within its corporate limits. The twn may exercise in its extraterritorial area all powers conferred by G.S. Chapter 160D that it is exercising within its corporate limits. If the town fails to extend a particular type of development regulation to the extraterritorial area, the county may elect to exercise that particular type of regulation in the extraterritorial area. For similar state law provisions, refer to G.S. § 160D-202(b).
(2) County approval of town jurisdiction. The town may not extend its extraterritorial powers into any area for which Robeson County has adopted and is enforcing county zoning and subdivision regulations. However, the town may do so where the county is not exercising both of these powers, or when the town and the county have agreed upon the area within which each will exercise the powers conferred by G.S. Chapter 160D. The town may not extend its extraterritorial powers beyond one mile from its corporate limits without the approval of the Robeson County Board of Commissioners.
For similar state law provisions, refer to G.S. § 160D-202(c).
(3) Notice of proposed jurisdiction change. When the Town of Fairmont proposes to exercise extraterritorial jurisdiction under G.S. Chapter 160D, the town shall notify the owners of all parcels of land proposed for addition to the area of extraterritorial jurisdiction, as shown on the county tax records. The notice shall be sent by first-class mail to the last addresses listed for affected property owners in the county tax records. The notice shall inform the landowner of the effect of the extension of extraterritorial jurisdiction, of the landowner's right to participate in a legislative hearing prior to adoption of any ordinance extending the area of extraterritorial jurisdiction, as provided in G.S. § 160D-6-1, and the right of all residents of the area to apply to the Robeson County Board of Commissioners to serve as a representative on the planning board and the board of adjustment, as provided in G.S. § 160D-3-3. The notice shall be mailed at least 30 days prior to the date of the hearing. The person or persons mailing the notices shall certify to the Town Board of Commissioners that the notices were sent by first-class mail, and the certificate shall be deemed conclusive in the absence of fraud.
For similar state law provisions, refer to G.S. § 160D-202(d).
(4) Boundaries. The Town's Board of Commissioners, exercising extraterritorial jurisdiction under Chapter 160D, has adopted an ordinance specifying the areas to be included based upon existing or projected urban development and areas of critical concern to the town, as evidenced by officially adopted plans for its development. A single jurisdictional boundary is, therefore, applicable for all powers conferred in Chapter 160D. Boundaries are defined, to the extent feasible, in terms of geographical features identifiable on the ground and also follow parcel ownership boundaries. The boundaries specified in the ordinance shall at all times be drawn on a map, set forth in a written description, or shown by a combination of these techniques. This delineation shall be maintained in the manner provided in G.S. § 160A-22 for the delineation of the corporate limits, and shall be recorded in the Office of the Register of Deeds of each county in which any portion of the area lies. Where the extraterritorial jurisdiction of two or more towns overlaps, the jurisdictional boundary between them shall be a line connecting the midway points of the overlapping area unless the Boards agree to another boundary line within the overlapping area based upon existing or projected patterns of development.
For similar state law provisions, refer to G.S. § 160D-202(e).
(5) County authority within town jurisdiction. The county may on request of the Town Board of Commissioners exercise any or all of these powers in any or all areas lying within the town's corporate limits or within the town's specified area of extraterritorial jurisdiction.
For similar state law provisions, refer to G.S. § 160D-202(f).
(6) Transfer of jurisdiction. When a town annexes, or the town extends its jurisdiction to include, an area that is currently being regulated by the county, the county development regulations and powers of enforcement shall remain in effect until (i) the town has adopted such development regulations, or (ii) a period of 60 days has elapsed following the annexation, extension or incorporation, whichever is sooner. Prior to the transfer of jurisdiction, the town may hold hearings and take any other measures consistent with G.S. § 160D-2-4 that may be required in order to adopt and apply its development regulations for the area at the same time it assumes jurisdiction.
For similar state law provisions, refer to G.S. § 160D-202(g).
(7) Relinquishment of jurisdiction. When the town relinquishes jurisdiction over an area that it is regulating under G.S. Chapter 160D to a county, the town development regulations and powers of enforcement shall remain in effect until (i) the county has adopted such development regulation or (ii) a period of 60 days has elapsed following the action by which the city relinquished jurisdiction, whichever is sooner. Prior to the transfer of jurisdiction, the town may hold hearings and take other measures consistent with G.S. § 160D-204 that may be required in order to adopt and apply its development regulations for the area at the same time it assumes jurisdiction.
For similar state law provisions, refer to G.S. § 160D-202(h).
(8) Process for local government approval. When the town is granted powers by this section subject to the request, approval, or agreement of another local government, the request, approval, or agreement shall be evidenced by a formally adopted resolution of the Board of Commissioners of the town. Any such request, approval, or agreement can be rescinded upon two years' written notice to the other governing boards concerned by repealing the resolution. The resolution may be modified at any time by mutual agreement of the governing boards concerned.
For similar state law provisions, refer to G.S. § 160D-202(i).
(9) Local Acts. Nothing in this section shall repeal, modify, or amend any local act that defines the boundaries of a city's extraterritorial jurisdiction by metes and bounds or courses and distances.
For similar state law provisions, refer to G.S. § 160D-202(j).
(10) Effect on vested rights. Whenever the town, pursuant to this section, acquires jurisdiction over a territory that theretofore has been subject to the jurisdiction of another local government, any person who has acquired vested rights in the surrendering jurisdiction may exercise those rights as if no change of jurisdiction had occurred. The city or county acquiring jurisdiction may take any action regarding such a development approval, certificate, or other evidence of compliance that could have been taken by the local government surrendering jurisdiction pursuant to its development regulations. Except as provided in this division, any building, structure, or other land use in a territory over which a city or county has acquired jurisdiction is subject to the development regulations of the city or county.
For similar state law provisions, refer to G.S. § 160D-202(k).
(C) Split jurisdiction. If a parcel of land lies within the planning and development regulation jurisdiction of more than one local government, the local governments may by mutual agreement pursuant to G.S. Chapter 160A, Article 20 and with the written consent of the landowner assign exclusive planning and development regulation jurisdiction for the entire parcel to any one of those local governments. Such a mutual agreement shall only be applicable to development regulations and shall not affect taxation or other non-regulatory matters. The mutual agreement shall be evidenced by a resolution formally adopted by each governing board and recorded with the register of deeds in the county where the property is located within 14 days of the adoption of the last required resolution.
For similar state law provisions, refer to G.S. § 160D-203.
(D) Pending jurisdiction. After consideration of a change in local government jurisdiction has been formally proposed, the local government that is potentially receiving jurisdiction may receive and process proposals to adopt development regulations and any application for development approvals that would be required in that local government if the jurisdiction is changed. No final decisions shall be made on any development approval prior to the actual transfer of jurisdiction. Acceptance of jurisdiction, adoption of development regulations, and decisions on development approvals may be made concurrently and may have a common effective date.
For similar state law provisions, refer to G.S. § 160D-204.
(E) Exemptions. In accordance with G.S. § 160A-392, the Town of Fairmont Zoning Ordinance applies to state-owned lands only when a building is involved.
(Ord. 23-241, passed 7-18-2023)