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Swansboro, NC Code of Ordinances
TOWN OF SWANSBORO, NORTH CAROLINA CODE OF ORDINANCES
CHARTER
RELATED LOCAL LAWS
TITLE I: GENERAL PROVISIONS
TITLE III: ADMINISTRATION
TITLE V: PUBLIC WORKS
TITLE VII: TRAFFIC CODE
TITLE IX: GENERAL REGULATIONS
TITLE XI: BUSINESS REGULATIONS
TITLE XIII: GENERAL OFFENSES
TITLE XV: LAND USAGE
PARALLEL REFERENCES
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§ 152.250 INDUSTRIAL DEVELOPMENT.
    shall not be allowed within the PUD zone.
(Ord. 2005-O3, passed 3-15-2005)
§ 152.251 PROCEDURE.
   (A)   Application for zoning map amendment. A petition for a zoning map amendment to establish a district (PUD) shall be submitted to the and and administered in accordance with the provisions of the Zoning Ordinance for amendments as defined by §§ 152.065 through 152.070.
      (1)   Criteria. In addition to other considerations, the following may be utilized by the and in evaluation of a rezoning petition to establish a zoning district:
         (a)   That the total can create a needed residential environment;
         (b)   That existing or proposed utility and other public services are adequate for the anticipated population densities; and
         (c)   That the is in general conformity with the town’s comprehensive Land Use Plan.
      (2)   Zoning map designation. Following approval of a rezoning petition to establish a district (PUD), the property for which approval was granted by the Ordinance shall be labeled “PUD” on the official zoning map of the Town of Swansboro. No permits for shall be issued within any area designated as “PUD” unless the provisions as set forth herein are complied with. If a application is not filed with the within 12 months of such amendment, the shall reserve the right to rezone the property to the original zoning classification.
   (B)   Application for . An application for a permit to develop a specific shall only be considered when the property is zoned district (PUD). Application shall be submitted in accordance with §§ 152.210 through 152.211.
      (1)   Criteria. In addition to other considerations, the following may be utilized by the in evaluation of a permit pursuant to G.S. §160A-338(a):
         (a)   That the proposed population densities, land uses, and other special characteristics of can exist in harmony with adjacent areas;
         (b)   That the adjacent areas can be developed in compatibility with the proposed ; and
         (c)   That the proposed will not adversely affect traffic patterns and flow in adjacent areas.
   (C)   Site plan. All applications for approval of a   shall be accompanied by a Land Use Plan prepared by a registered engineer or surveyor, submitted in accordance with the Town of Swansboro Subdivision Regulations for and which shall include but not be limited to the following:
      (1)   The numbers and types of residential units including density and the delineation of nonresidential areas;
      (2)   Planned primary and secondary traffic circulation patterns showing proposed and existing rights-of-ways and ;
      (3)   Common and recreation areas to be developed or preserved in accordance with this section. Peripheral boundary shall be indicated;
      (4)   Plans for water, sanitary sewer, storm sewer, natural gas, and electric utilities;
      (5)   The delineation of areas to be constructed in sections, showing acreage;
      (6)   Soil maps prepared according to the United States cooperative soil survey standards as published in the Onslow County Soil Survey;
      (7)   Boundary survey of the showing courses and distances and total acreage, including zoning, land use, and of all contiguous property;
      (8)   Existing ;
      (9)    hazard areas including elevation;
      (10)   Topographic contours at a maximum of two-foot intervals showing existing grades;
      (11)   Site data including vicinity sketch, north arrow, engineering scale ratio, title of , date of plan, name and address of / and or firm preparing the plan;
      (12)   Any other information as may be required by the .
      (13)   Copies of or statements addressing the following:
         (a)   Drafts of or statements addressing any declarations of covenants, conditions, or restrictions which create a homeowners’ association for the perpetual ownership and maintenance of all common and other areas including, but not limited to, recreation areas, , , landscaping, and the like. A private facilities maintenance analysis to determine actual costs of maintenance of such common facilities may be required by the in order to assess the feasibility of such private maintenance;
         (b)   Drafts of or statements addressing any proposed declarations to be recorded pursuant to the North Carolina Condominium Act (G.S. Chapter 47C);
         (c)   The names and current mailing addresses of all property who own property within 100 feet of the proposed including tax map designation and parcel numbers as listed upon the tax records of Onslow County at the time of submission of the application; and
         (d)   The deed book and page number(s) showing fee simple title of all property within the as listed in the Onslow County Register of Deeds.
   (D)    - requirements. After approval of the as set forth herein, the shall submit the following according to the approved schedule of :
      (1)   All information required by and in accordance with the Town of Swansboro Subdivision Ordinance for .
   (E)    requirements. After approval of the as set forth herein, the shall submit the following according to the approved schedule of :
      (1)   All information required and in accordance with the Town of Swansboro Subdivision Ordinance for submission of the ;
      (2)   The following additional information shall be required:
         (a)   Maintenance agreements concerning all common areas, , and utilities; and
         (b)   All information as required and in accordance with G.S. Chapter 47C, North Carolina Condominium Act.
(Ord. 2005-O3, passed 3-15-2005)
§ 152.252 HOMEOWNERS’ ASSOCIATION.
   (A)   No shall be approved until all required legal instruments have been reviewed and approved by the town attorney as to legal form and effect.
   (B)   If common is deeded to a homeowners’ association, the or shall file a declaration of covenants, conditions, and restrictions that will govern such association. The provisions of such declaration of covenants, conditions, and restrictions shall include, but not be limited to, the following:
      (1)   The homeowners’ association must be set up before any property is sold in the ;
      (2)   Membership must be mandatory and automatic when property is purchased in the ; The requirement must be permanent, not just for a period of years;
      (3)   The association must be responsible for liability insurance, local taxes, and maintenance of recreational and other common facilities including ;
      (4)   Homeowners must pay their pro rata share of the cost; the assessment levied by the association can become a lien on the property;
      (5)   The association must be able to adjust the assessment to meet changed needs;
      (6)   Covenants for maintenance assessments shall run with the land;
      (7)   Provision insuring that control of such association will gradually be vested in the homeowner’s association; and
      (8)   All lands so conveyed shall be subject to the right of the grantee or grantees to enforce maintenance and of the common facilities.
(Ord. 2005-O3, passed 3-15-2005)
§ 152.253 AMENDMENT TO SITE PLAN SPECIAL USE PERMIT.
   (A)   Minor changes. Amendment to the approved Land Use Plan that in the opinion of the do not substantially change the concept of the as approved may be allowed. Such minor changes may include but not be limited to small site such as realignment of and relocation of utility lines due to engineering necessity. The shall request such amendment in writing, clearly setting forth the reasons for such changes. If approved, the Land Use Plan shall be so amended prior to submission of any - application involving or affecting such amendment. from the decision of the may be taken to the .
   (B)   Major Changes. Amendments to the approved Land Use Plan that in the opinion of the do in fact involve substantial changes and deviation from the concept of the as approved shall require review pursuant to §§ 152.065 through 152.070. Such major changes shall include, but not be limited to, increased density, land use, location of use, , recreation space, condition(s) of planning and zoning commission approval and pattern. from the decision of the may be taken to the .
   (C)   Authority. Minor changes may be approved administratively by the . Major changes shall require planning and zoning commission approval.
   (D)   . The Town of Swansboro shall not be authorized to grant or approve any from the as set forth in this section or condition as approved by the .
(Ord. 2005-O3, passed 3-15-2005)
SIGNS
§ 152.265 PURPOSE.
   The purpose of this subchapter is to prevent the unrestricted proliferation of signs and to regulate signs in the interest of promoting the safety of vehicular and pedestrian traffic, protecting the public health and comfort, facilitating police and fire protection, protecting the identity and integrity of public , preventing over-crowding of land, and promoting an aesthetically pleasing visual environment.
(Ord. 2005-O3, passed 3-15-2005)
§ 152.266 APPLICATION.
   No signs which are visible from any , road, highway, sidewalk, or other public way may be erected, posted, reposted, placed, replaced, hung, painted, or repainted in any district except in compliance with this chapter. No provision of this chapter shall be construed as relieving any , corporation, or other entity from any requirement or obligation he, she, or it has pursuant to the Town of Swansboro’s Historic District Ordinance.
(Ord. 2005-O3, passed 3-15-2005)
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