CHAPTER 156: ZONING CODE

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:

(A) Implement relevant land-use plans;

(B) Preserve and protect property values;

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

(D) Preserve and protect land, air, and water resources; and

(E) Ensure protection from fire, flood, and other dangers.

(Am. Ord. passed 9-14-2016)

§ 156.002 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.

(Am. Ord. passed 9-14-2016)

§ 156.003 JURISDICTION AND APPLICABILITY.

(A) The provisions of this chapter 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 chapter.

(C) Bona fide farms not exempt. Bona fide farms, as defined in the North Carolina General Statutes and § 156.170 of this chapter, are not exempt from the provisions of this chapter.

(Am. Ord. passed 9-14-2016)

§ 156.004 SEVERABILITY.

If any section, provision, or standard of this chapter 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.

(Am. Ord. passed 9-14-2016)

§ 156.005 CONFLICTING PROVISIONS.

(A) If the provisions of this chapter 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 chapter 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.

(Am. Ord. passed 9-14-2016)

§ 156.006 REPEAL OF EXISTING ZONING ORDINANCE.

The existing regulations, entitled Town of Wilkesboro Zoning Ordinance, are hereby repealed.

(Am. Ord. passed 9-14-2016)

§ 156.007 CONTINUED VIOLATIONS.

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

(Am. Ord. passed 9-14-2016)

§ 156.008 INTERPRETATION AND WORD USAGE.

(A) Meaning and intent. All provisions, terms, phrases, and expressions contained in this chapter shall be construed according to this chapter's stated purpose and intent.

(B) Authority for interpretation. The Zoning Enforcement Officer is responsible for interpreting the text of this chapter 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.

(Am. Ord. passed 9-14-2016)

§ 156.009 EFFECTIVE DATE.

This chapter will be effective February 1, 2005.

(Am. Ord. passed 9-14-2016)

ADMINISTRATION

§ 156.020 ZONING ENFORCEMENT OFFICER.

(A) Establishment. The provisions of this chapter 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 chapter. In connection with the enforcement of this chapter, the Zoning Officer shall make all necessary determinations and interpretations as required by this chapter. Persons aggrieved by a decision or a determination made by the Zoning Officer may appeal that action to the Board of Adjustment.

(Am. Ord. passed 9-14-2016)

§ 156.021 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 chapter. Site plans shall be submitted in accordance with § 156.023 (reserved for future use) of this chapter.

(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 chapter.

(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.

(Am. Ord. passed 9-14-2016)

§ 156.022 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 chapter, 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 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 subchapter.

(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 15 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 chapter 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 subchapter.

(B) Repeat offender.

(1) First offense. Any violation occurring once within a 36-month period shall be considered a first offense. A notice of violation shall be issued by the Administrator or his/her designee to the violator. Such notice shall set out the nature of the violation, the section violated, and the date of the violation. The notice of violation shall provide for a reasonable period of time by which the violation must be abated or otherwise brought into compliance with this chapter. The notice shall specify that a second citation shall incur a civil penalty, together with costs and attorney fees. An appeal of the Administrator's decision shall be allowed. Upon the expiration of the deadline stated in the notice of violation, the violator shall be subject to a civil penalty of $50 for each day that the violation remains on the property without further notice. Should a violation continue to exist and/or the violator fails to pay the penalties, the Town shall seek to recover the penalty together with all costs by filing a civil action in the General Court of Justice in the nature of a suit to collect a debt. The collection of a penalty pursuant hereto shall not foreclose further proceedings for penalties coming due subsequent to the date of the filing of a prior proceeding. The provisions of this section may also be enforced through any other appropriate remedies as prescribed in this subchapter.

(2) Repeat offense. Any violation reoccurring on the same property by the same violator more than once within a 36-month period shall be considered a repeat offense provided the reoccurrence is a violation of the same subchapter of this chapter. A notice of violation shall be issued by the Administrator or his/her designee and shall have an immediate civil penalty of $300. No warning period shall be granted since this provision applies only to violations that occur more than once in a 36-month period and proper notice was given for the initial violation. For each day the repeat violation remains, the violator shall be subject to a civil penalty of $300. Should a violation continue to exist and/or the violator fails to pay the penalties, the town shall seek to recover the penalty together with all costs by filing a civil action in the General Court of Justice in the nature of a suit to collect a debt. Procedures for issuance, service, and collection of non-paid penalties shall be as set forth in this subchapter. The collection of a penalty pursuant hereto shall not foreclose further proceedings for penalties coming due subsequent to the date of the filing of a prior proceeding. The provisions of this section may also be enforced through any other appropriate remedies as prescribed in this subchapter.

(3) Other powers. In addition to the enforcement powers specified in this section, the Town Council may exercise any and all enforcement powers granted by North Carolina law.

(4) Remedies cumulative. The remedies and enforcement powers established in this subchapter shall be cumulative, and the town may exercise them in any order.

(C) 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 chapter:

(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 15 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 for each violation and each day any single violation continues shall be a separate violation.

(2) Criminal penalties. Violation of this chapter shall constitute a misdemeanor and is punishable by a fine of up to $500, and imprisonment of up to 30 days, or both. Notwithstanding the provisions of this subchapter 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 chapter, 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 chapter 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 chapter, 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 chapter 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 chapter for the land on which the violation occurs.

(Am. Ord. passed 9-14-2016)

§ 156.023 SITE PLAN APPROVAL - RESERVED.

§ 156.024 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.

(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.

(a) 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.

(b) 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.

(c) 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 chapter 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 chapter.

(3) Any nonconforming structure which has been damaged to an extent exceeding 60% of its fair market value shall comply with the dimensional and other applicable standards of this chapter 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 chapter.

(Am. Ord. passed 9-14-2016)

§ 156.025 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 § 156.022 of this chapter;

(b) A conditional use permit pursuant to § 156.063 of this chapter;

(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.

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

(Am. Ord. passed 9-14-2016)

§ 156.026 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 year terms. At least four 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 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 chapter;

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

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

(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 chapter;

(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 chapter or the Town of Wilkesboro Code of Ordinances.

(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 chapter. 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 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 of the following ways:

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

(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 chapter. 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 § 156.063).

(E) Variances.

(1) A variance from the literal requirements of this chapter 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

(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 60 days from the filing of an application.

(4) Written notice of the public hearing shall be mailed at least five 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 chapter, 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 chapter.

(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.

(Am. Ord. passed 9-14-2016)

AMENDMENTS

§ 156.040 GENERAL.

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

(B) A petition for amendment to the text of this chapter 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.

(Am. Ord. passed 9-14-2016)

§ 156.041 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 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.

(Am. Ord. passed 9-14-2016)

§ 156.042 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 days nor more than 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, but not more than 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 50 properties that are owned by a total of at least 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 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.

(Am. Ord. passed 9-14-2016)

§ 156.043 PROTEST PETITIONS.

(A) In case of a protest against any amendment or change of this chapter signed by the owners of 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 100 feet there from; or of those directly opposite thereto extending 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 chapter 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 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.

(Am. Ord. passed 9-14-2016)

§ 156.044 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.

(Am. Ord. passed 9-14-2016)

§ 156.045 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.

(Am. Ord. passed 9-14-2016)

§ 156.046 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.

(Am. Ord. passed 9-14-2016)

ZONING DISTRICTS

§ 156.060 OFFICIAL ZONING MAP.

(A) The Official Zoning Map designates the location and boundaries of the various zone districts established in this chapter 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 chapter. 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.

(Am. Ord. passed 9-14-2016)

§ 156.061 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)
Minimum Lot Area (sq. ft.)	Minimum Lot Width (ft)	Maximum Density (du/acre)	Minimum Front Setback (ft)	Interior Lot	Corner Lot	Minimum Rear Setback (ft)	Maximum Building Height (ft)
20,000 (without centralized water or sewer)	100	2.18	40	15	25 [see § 156.100(A)]	30 [see § 156.100(A)]	35
12,000 (with either centralized water or sewer)	90	3.63	35	10	20 [see § 156.100(A)]	25 [see § 156.100(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;

(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)
Minimum Lot Area (sq. ft.)	Minimum Lot Width (ft)	Maximum Density (du/acre)	Minimum Front Setback (ft)	Interior Lot	Corner Lot	Minimum Rear Setback (ft)	Maximum Building Height (ft)
20,000 (without centralized water or sewer)	100	2.18	40	15	25 [see § 156.100(A)]	30 [see § 156.100(A)]	35
12,000 (with either centralized water or sewer)	90	3.63	35	10	20 [see § 156.100(A)]	25 [see § 156.100(A)]	35

(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;

(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 § 156.100(B)]	25 [see § 156.100(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;

(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)
Minimum Lot Area (sq. ft.)	Minimum Lot Width (ft)	Maximum Density (du/acre)	Minimum Front Setback (ft)	Interior Lot	Corner Lot	Minimum Rear Setback (ft)	Maximum Building Height (ft)
6,000 - single-family	60	7.26	25	8	18 [see § 156.100(C)]	30 [see § 156.100(C)]	35
9,000 - two-family	70	9.68	30	10	20 [see § 156.100(C)]	25 [see § 156.100(C)]	35
9,000 - multi-family	80	10.89	35	12	22 [see § 156.100(C)]	30 [see § 156.100(C)]	50
6,000 - other uses	60	---	25	8	18 [see § 156.100(C)]	20 [see § 156.100(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;

(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 § 156.077(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;

(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 § 156.077(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, and the like. 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;

(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 § 156.077(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;

(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 § 156.077(C)	20	20	---

(Am. Ord. passed 9-14-2016)

§ 156.062 PERMITTED USES.

(A) Table 156.062 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 chapter.

Table of Permitted Uses 156.062

USE TYPE

R20A

R20

Standards

RESIDENTIAL USES
Accessory dwelling units				C	P					§ 156.105
Accessory structures, customary	P	P	P	P						§ 156.100
Boarding or rooming house				P
Condominium				C
Congregate care facility				P
Duplex				P
Family care home	P	P	P	P						§ 156.107
Home occupation, customary	P	P	P	P
Manufactured and/or mobile home	P									§ 156.111
Manufactured home park	C									§ 156.112
Modular home	P	P	C	C
Multi-family or apartments				C						§ 156.116
Single-family, detached	P	P	P	P
Townhouse			C	C
COMMERCIAL USES
ABC store						P
Accessory uses and structures	P	P			P	P	P	P	P	§ 156.100
Adult establishment						P				§ 156.101
Animal hospital (without open kennels)						P			P
Appliance sales and service						P			P
Bank or financial service					P	P	P
Bar					C	P
Bed and breakfast	P	P	C	P	C					§ 156.102
Beauty or barber shop					P	P	P
Bicycle sales and service					P	P	P		P
Boat sales and service						P			P
Building materials, supply and sales	C	C				P		P	P
Bus station						P			P
Convenience store without fuel sales					P	P	P		P
Convenience store/service station with fuel sales						P	C		P	§ 156.117
Dance studio					P	P	P
Dry cleaning and laundry						P			P
Drive-thru window						P
Electronic gaming operations						C
Farm equipment sales and service	C	C				P		P	P
Feed and grain stores						P		P	P
Florist					P	P	P
Grocery store					C	P	C
Greenhouse/nursery	C					P			P
Health and fitness center						P	C
Heavy equipment sales and service						P		P	P
Hotel/motel					C	P
Kennel	C					C			C
Manufactured home sales						P
Massage therapists					P	P	P
Medical or dental office					C	P	C
Medical or dental laboratory						P		P	P
Mini-storage unit						P		C	P
Motor vehicle, body and paint shop						P		P	P	§ 156.114
Motor vehicle rental and leasing						P
Motor vehicle sales and service	C					P			P
Motor vehicle repair (without open storage)	C					P		P	P
Motor vehicle wash or detailing						P
Music and art studio					P	P	C
Nightclub						P
Office supplies sales and service					P	P
Pawnshop					P	P
Personal service					P	P	C
Professional office				P	P	P	C
Restaurant and café				C	P	P	C
Restaurant w/ drive-thru						P
Retail, General					P	P
Retail, single and multi- tenant retail establishments with a gross floor area equal or greater than 30,000 square feet						S	S			Development standards for specific uses § 156.122
Storage services						P			P
Theater, Indoor					P	P
PUBLIC/INSTITUTIONAL USES
Assembly hall/coliseum						P
Campground	C	C
Cemetery	P	P	P	P		P				§ 156.103
Child day care/nursery school	C			P	P	C	P			§ 156.104
Church	P	P	P	P		P	P
Clubhouse or lodge	C				P	P	P
College or university	P	P	P	P	P	P	P	P	P
Community center	C			C	P	P	P
Fire or police station	P	P	P	P	P	P	P	P	P
Funeral home					P	P	P
Golf Course	P	P	P	P		P
Golf driving range	C					P			P
Government offices					P	P	P
Hospitals					P	P	P
Library	P	P	P	P	P	P	P
Museum/art gallery					P	P	P
Nursing home				C	P	P	P
Park, athletic	P	P	P	P	P	P	P	P	P
Park, community	P	P	P	P	P	P	P	P	P
Schools, primary and secondary	P	P	P	P	P	P	P
Schools, business/ technical/vocational	P			P	P	P	P		P
Telecommunications antenna	P	P	P	P	P	P	P	P	P	§ 156.120
Telecommunications tower	C	C	C	C		C	C	C	C	§ 156.120
Utilities, public	P	P	P	P	P	P	P	P	P	§ 156.116
INDUSTRIAL USES
Asphalt and concrete plant								P
Extraction of earth products	C
Correctional facility
Farm, bona-fide	P
Feed and grain mill	C							P
Fill site	C							C
Food or beverage processing						C		P	C
Freight terminal						P		P
Junkyard or salvage yard								P		§ 156.108
Motor vehicle graveyard								P		§ 156.108
Petroleum products, storage and distribution								P
Publishing and printing establishment						P		P	P
Radio and/or television studio						P		P	P
Warehousing						P		P	P

(Am. Ord. 2016-01, passed 9-12-2016; Am. Ord. passed 9-14-2016; Am. Ord. 2017-02, passed 3-6-2017; Am. Ord. passed 10-2-2017; Am. Ord. 2018-04, passed 4-9-2018)

§ 156.063 CONDITIONAL USES.

(A) Intent. Conditional uses, because of their inherent nature, extent of development, or external effects, require special care in the control of their location, design and methods of operation, in order to insure protection of the public health, safety and welfare. It is the intent of this section to set forth the additional information required for submittal and consideration of conditional uses and to state the standards by which each application shall be judged.

(B) General standards and findings of fact. The Board of Adjustment shall not approve any conditional use unless it finds:

(1) The use will not materially endanger the public health and safety, if located where proposed and developed and operated according to the plan as submitted.

(2) The use, which is listed as a conditional use in the district in which it is proposed to be located, complies with all applicable regulations and standards, including the provisions of § 156.061, §§ 156.075 through 156.087, and §§ 156.100 through 156.123 this chapter.

(3) The use will not substantially injure the value of contiguous property, or the use is a public necessity.

(4) The use is in compliance with the general plans for the physical development of the Town as embodied in these regulations, or portion thereof, adopted by the Town Board.

(1) Application submittal requirements.

(a) Applications for approval of a conditional use permit shall be filed on forms available from the Zoning Enforcement Officer.

(b) Applications which are not complete shall be returned forthwith to the applicant, with a notation of the deficiencies in the application.

(2) Notice of public hearing required for all conditional use permits.

(a) 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 60 days from the filing of the application.

(b) Notice of the public hearing shall be given once a week for two consecutive calendar weeks in a newspaper of general circulation in Wilkes County. The notice shall be published the first time not less than ten days no more that 25 days before the date fixed or the hearing. In computing such period, the day of publication is not to be such period, the day of publication is not to be included but the day of the hearing shall be included.

(c) Written notice shall be sent to all adjacent property owners not less than ten days before the hearing date. Adjacent property owners are those whose property lies within 500 feet of the affected property and whose names and addresses are currently listed in the Wilkes County tax records.

(3) Board of Adjustment action.

(a) The Board of Adjustment shall review the record of the public hearing and shall take action on the application based on findings of fact as to the determinations required in § 156.063(B). All findings shall be based on competent evidence presented at the public hearings.

(b) Action on the application shall be of the following:

1. Approval;