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The UDO Administrator may pursue one or more of the following remedies and penalties to prevent, correct, or abate a violation of this ordinance. Use of one of the authorized remedies or penalties does not preclude the UDO Administrator from using any other authorized remedies or penalties, nor does it relieve any party from the imposition of one remedy or penalty from the imposition of any other authorized remedies and penalties.
6.12.1 Stop work orders. Whenever a building, structure, sign, or part thereof is being constructed, reconstructed, altered, or repaired in violation of this ordinance, the UDO Administrator may order the work to be immediately stopped. The stop work order shall be in writing and directed to the owner, occupant, or person doing the work. The stop work order shall state the specific work to be stopped, the specific reasons for the stoppage, and the conditions under which the work may be resumed. Such action shall be in accordance with G.S. Chapter 160A-321 or the North Carolina Building Code.
6.12.2 Permit revocation. In accordance with the provision of Article 6.2, the UDO Administrator may initiate the process to revoke any permit or authorization granted under this ordinance for failure to comply with the provisions of this ordinance or with the terms and conditions for a permit or authorization granted under this ordinance. Such revocation shall be in accordance with the process as was used in granting the initial approval, including any applicable notice and required hearing.
6.12.3 Permit denial. So long as a violation of this ordinance remains uncorrected, the UDO Administrator may deny or withhold approval of any permit or other authorization provided for in this ordinance that is sought for the property on which the violation has occurred.
6.12.4 Civil penalty.
A. A violation of this ordinance subjects the violator to a civil penalty in the amount of $500 per day in accordance with G.S. Chapter 14-4(a). The UDO Administrator may impose a civil penalty by giving the violator a written citation, either in person or by registered or certified mail, return receipt requested. The citation shall describe the nature of the violation, specify the amount of the civil penalty that is being imposed, and direct the violator to pay the civil penalty to the town within ten days from the day the citation is received. If the violator fails to pay the civil penalty within the time limit, the UDO Administrator may institute appropriate civil action in a court of competent jurisdiction to recover the civil penalty.
B. For the purpose of assessing the amount of the civil penalty, each day the violation continues after the receipt of the correction order (or the receipt of the actual citation in the case of emergency enforcement) shall constitute a separate violation that subjects the violator to an additional civil penalty. The UDO Administrator may impose monetary penalties of $500 for each day the violation continues.
6.12.5 Criminal penalties. Any violation of this ordinance may be enforced as a misdemeanor or infraction as provided by G.S. Chapters14-1 and 113A-64, subject to a maximum fine of $5,000.
6.12.6 Injunction and abatement order. The UDO Administrator may institute action in a court of competent jurisdiction for a mandatory or prohibitory injunction and order of abatement commanding a violator to cease or correct a violation of this ordinance. Pursuant to G.S. §§ 160A-175 and 14-4, if the violator fails to comply with a court injunction or order of abatement and the town executes the order, the town will have a lien on the property on which the violation occurred for the town’s costs in executing the order.
6.12.7 Alternative equitable relief. In addition to the above remedies and penalties, the UDO Administrator may institute any other appropriate equitable action or proceeding in a court of competent jurisdiction to prevent, correct, or abate a violation of this ordinance.
(Ord. passed 2-3-2021)
All areas within the zoning jurisdiction of the town are hereby divided into zoning districts within which the use of land and water areas; the location, height, bulk, appearance, and use of structures; the provision of parking and loading areas; and the provision of buffers and screening areas are regulated as herein provided. Standards for roads are provided in Article 12. Note: In the case of lots on the turning circle of a cul-de-sac, the curb width will be a minimum of 50% of the district lot width requirement but not less than 20 feet.
Zoning districts within the town’s jurisdiction fall within one of the following three categories.
7.1.1 General use zoning districts. Each general use district category serves a different purpose and imposes its own set of requirements and restrictions on the use of land in addition to the general requirements and restrictions imposed on all land or uses within the zoning jurisdiction. A general use district may be layered with an overlay district, which is a special type of general use district.
7.1.2 Conditional zoning districts.
A. Typically, conditional districts are established as parallel or counterpart districts to a general use district. In such cases, references in the zoning ordinance to the general use district shall be construed to also include the counterpart conditional district. Conditional districts, like general use districts, may be layered with overlay districts.
B. Each conditional district with a counterpart general use district is intended to accomplish the purposes of the counterpart district through the development of identified uses at a specific location in accordance with this Article. All regulations and uses which apply to a general use district also apply to the counterpart conditional district, and no use shall be allowed in the conditional district that is not allowed in its counterpart general use district.
7.1.3 Overlay districts.
A. Overlay districts are established to provide for certain additional requirements, to permit uses not otherwise permitted in the underlying district, to prohibit uses allowed in the underlying district, or to establish special development requirements for uses permitted. Thus, where overlay districts exist, and there is a conflict between the requirements and/or uses specified between the overlay and the underlying district, the standards of the overlay district shall prevail. Otherwise, the standards of the underlying district shall also be in effect for any area additionally zoned for an overlay district.
B. A zoning map change either establishing or changing any overlay district shall be subject to the same procedures and requirements as any other zoning map change.
(Ord. passed 2-3-2021; Ord. 2023-03, passed 3-1-2023)
7.2.1 All areas within the jurisdiction of the town that are under water and are not shown as included within any district shall be subject to all of the regulations of the district which immediately adjoins the water area. If the water area adjoins two or more districts, the boundaries of each district shall be construed to extend into the water in a straight line until they meet the boundaries of another district or the jurisdictional limit.
7.2.2 All lands within the jurisdiction of the town that are not under water and are not shown as included within the limits of any district shall be considered to be in R-20 Residential District until otherwise classified by an amendment to this ordinance.
(Ord. passed 2-3-2021)
For the purpose of this ordinance, all areas within the zoning jurisdiction of the town are hereby divided into the following zoning districts.
7.3.1 General use zoning districts.
A. R-20 Residential District;
B. R-15 Residential District;
C. R-10 Residential District;
D. SBR-6000;
E. MR Multi-Family Residential District;
F. EPUD Existing Planned Unit Development;
G. CN Commercial Neighborhood District;
H. CLD Commercial Low Density District; and
I. CI Commercial Intensive District.
7.3.2 Conditional zoning districts.
A. MR-CD Multi-Family Residential - Conditional District; and
B. PUD-CD Planned Unit Development - Conditional District.
C. CZ-CD Creative Zoning - Conditional District.
7.3.3 Overlay districts.
A. SCO Sports Club Overlay; and
B. CDO Corridor Development Overlay (Reserved).
7.3.4 Housing types. The following housing types are established to provide a common terminology for housing in the towns. All drawings are for illustrative purposes only.
(Ord. passed 2-3-2021; Ord. 2023-03, passed 3-1-2023)
The R-20 Residential District is established for low to moderate density single-family detached dwellings where public water and sewer service is available. Limited nonresidential activities may be permitted when they do not destabilize the essential rural residential character of the district. The overall gross density in the R-20 shall be no more than two units per acre.
7.4.1 Design standards.
A. Minimum lot dimensions.
1. Area: 20,000 square feet; and
2. Frontage: 100 feet at the setback line (120 feet for corner lots).
B. Building locations (minimum setbacks from lot lines).
1. Front yard setback: 50 feet;
2. Rear yard: 45 feet. The rear yard setback may be reduced by 50% for properties where the rear yard does not abut another residential use;
3. Side yard: 15 feet for each yard; and
4. Side yard abutting a street: 25 feet.
C. Accessory buildings shall be a minimum of 20 feet from a rear or side lot line.
D. Maximum height.
1. Principal building: 40 feet; and
2. Accessory building: less than 50% of the height of the principal building.
7.4.2 Clustering permitted. In accordance with the standards set forth in Article 9.13 of this ordinance, the clustering of residential lots within single-family residential subdivisions is permitted within this district.
7.4.3 Permitted and prohibited uses. Uses permitted by right, under prescribed conditions, and by a special use permit are set forth in the Table of Uses by District in Article 7.16, below. All uses not specifically permitted in the Table of Uses By District are prohibited.
(Ord. passed 2-3-2021)
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