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1.5.1.   Territorial Jurisdiction
This Ordinance shall apply to any development that occurs within the corporate limits and extraterritorial jurisdiction (ETJ) of the Town of Zebulon, unless expressly provided otherwise by the terms of this Ordinance. When referenced together, the land area within the corporate limits and the ETJ shall be referred to as the Town's "planning jurisdiction."
(Ord. 2020-36, passed 12-2-2019)
1.5.2.   Development Subject to this Ordinance
Except as otherwise provided in writing elsewhere in this Ordinance (e.g., Section 1.5.3, Activities Exempted from this Ordinance), any of the following activities shall be subject to the requirements in this Ordinance:
   A.   Any Construction. Any construction, reconstruction, erection, installation, placement, relocation, renovation, remodeling, demolition, or alteration in the size of a building or other structure on land.
   B.   New Uses or Changes in Use. The establishment of a new use of land or structure, a new open-air use of land, or any change in such use.
   C.   Changes in Intensity. Any change in the intensity of the use of land or a structure, such as:
      1.   An increase in the number of businesses, establishments, offices, dwelling units, or lodging units comprising the use;
      2.   An increase in the number of off-street parking spaces provided by the use;
      3.   An increase in the volume or characteristics of vehicular traffic generated by the use;
      4.   An increase in noise levels, thermal conditions, or emissions of waste materials associated with the use;
      5.   An increase in the minimum landscaping, screening, or buffering requirements associated with the use;
      6.   An increase in the number of off-street parking spaces;
      7.   An increase in the number of signs, sign face area, or sign height; or
      8.   An increase in the duration of a temporary or seasonal use.
   D.   Changes in Impervious Surface. Any land-disturbing activity that increases or changes the amount of impervious or partially impervious cover or that otherwise decreases the infiltration of precipitation or surface water runoff into the soil.
   E.   Alteration of Topography. An alteration of the natural topography of land, such as mining, grading, ditching, extracting earth materials, dredging, excavation, filling, or deposition of soil.
   F.   Removal of Required Vegetation. The removal of required vegetative cover, such as site clearing or the removal of protected existing trees.
   G.   Alteration of Watercourse. Any alteration of the channel, bank, shore, floodway, or floodplain of a watercourse, body of water, or wetland.
   H.   Division of Land. Any division of a parcel of land into two or more lots, building sites, or other divisions for the purpose of sale or building development (whether immediate or future) except where exempted by State law, and any division of land involving dedication of a new street or a change in existing streets.
(Ord. 2020-36, passed 12-2-2019)
1.5.3.   Activities Exempted from this Ordinance
The following activities do not constitute development subject to this Ordinance, but may be subject to other provisions in the Town Code of Ordinances:
   A.   Inspection. The inspection, maintenance, or repair of an existing transportation facility (e.g., roadway, walkway, trail, railroad tracks, traffic control device, etc.) or an existing utility, stormwater management device, or public service facility (pipe, cable, valve, catch basin, outlet, ditch, basin, bulk refuse container pad, etc.), if no substantial engineering redesign is involved;
   B.   Maintenance. The ordinary maintenance and repair of existing structures, where no activities identified in Section 1.5.2, Development Subject to this Ordinance, or subject to State Building Code(s) requirements are involved;
   C.   Planting. The ordinary planting or maintenance of vegetative landscaping or gardens not otherwise required by this Ordinance;
   D.   Change in Ownership. A change in the ownership or form of ownership of any parcel or structure;
   E.   Changes in Title. The creation or termination of easements, covenants, condominium titles, or other rights in land or development, where no street right-of-way dedication in involved; or
   F.   Exempt Division of Land. Any division of land proposed as one of the activities specially listed as excluded from the definition of "subdivision" in Section 9.4, Definitions.
(Ord. 2020-36, passed 12-2-2019)
1.5.4.   Application to Governmental Units
To the extent allowed by law, this Ordinance shall apply to any development by Town, county, state, or federal agencies within the Town's planning jurisdiction, and any land, buildings, and structures—including uses thereof—owned or otherwise controlled by such agencies. Where this Ordinance does not control the development of land, buildings, and structures, such agencies are encouraged to meet the provisions of this Ordinance.
(Ord. 2020-36, passed 12-2-2019)
1.5.5.   Emergency Exemptions
The Town Manager may, without any otherwise required prior notice or public hearing, authorize Town agencies to deviate from the provisions of this Ordinance during and after an emergency (such as a hurricane or other storm, flooding, chemical spill or leak) when the need to act quickly to secure the public health, safety, or welfare makes it impossible to submit to the normal procedures and requirements of this Ordinance.
(Ord. 2020-36, passed 12-2-2019)
1.5.6.   Minimum Requirements
In the application of this Ordinance, all provisions shall be considered as minimum requirements and shall not be deemed to limit or repeal any other powers or authority granted to the Town under the North Carolina General Statutes.
(Ord. 2020-36, passed 12-2-2019)
1.5.7.   Utility Allocation Policy
   In order to preserve and enhance property values, manage its limited water supply as a vital natural resource, promote economic development, and incentivize smart growth practices, the allocation of Zebulon’s potable water and sanitary capacity shall adhere to an approved Utility Allocation Policy for the following development processes:
   A.   Site Plan for development of non-residential site (new or redevelopment);
   B.   Site Plan for residential development consisting of three or more dwellings;
   C.   Conditional Rezoning requests;
   D.   Planned Development requests;
   E.   Special Land Use requests;
   F.   Major Subdivision requests.
(Ord. 2022-42, passed 6-6-2022; Ord. 2023-05, passed 8-9-2022)
1.6.   ADOPTED POLICY GUIDANCE
1.6.1.   Policy Guidance Identified
The administration, enforcement, and amendment of this Ordinance shall be accomplished in accordance with the Town's adopted policy guidance. This includes the Comprehensive Plan and all other Town-adopted policy guidance pertaining to land use and development.
(Ord. 2020-36, passed 12-2-2019)
1.6.2.   Conformance
   A.   Advisory. Adopted policy guidance is advisory in nature and does not carry the effect of law. Except as provided in G.S. §§ 160D-605, consistency with adopted policy guidance shall not be a requirement for the continuing validity of any provision of this Ordinance.
   B.   Consistency.
      1.   This Ordinance is intended to promote development that is consistent with the goals, objectives, policies, strategies, and actions contained in the Town's adopted policy guidance.
      2.   Consistency between a decision made under this Ordinance and the Town's adopted policy guidance is desirable, but is not a legal requirement.
      3.   Decisions on applications for amendments to the text of this Ordinance or to the Official Zoning Map shall be accompanied by a statement of consistency recognizing if the proposed decision is or is not consistent with the Town's adopted policy guidance in accordance with G.S. § 160D-605.
   C.   Amendment Upon Inconsistency.
      1.   To the extent this Ordinance is or becomes inconsistent with the Town's adopted policy guidance, either this Ordinance or the adopted policy guidance, as appropriate, should be amended to retain consistency.
      2.   All amendments to this Ordinance's text or to the Official Zoning Map should maintain and enhance consistency between this Ordinance and adopted policy guidance.
      3.   The Board of Commissioners may, as part of the approval of an amendment to the text of this Ordinance or the Official Zoning Map, declare that the Town's adopted policy guidance is also amended for consistency with the approved amendment.
(Ord. 2020-36, passed 12-2-19; Ord. 2021-65, passed 5-3-2021)
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