This Ordinance shall be known as and may be cited as the "Archer Lodge Unified Development Ordinance," and may be referred to as "the UDO," or "this Ordinance."

(Ord. No. AL2021-06-1, § 1, 6-7-2021)

This Ordinance shall be in full force and effect on June 7, 2021, and repeals and replaces any prior version of the Archer Lodge Unified Development Ordinance.

(Ord. No. AL2021-06-1, § 1, 6-7-2021)

This Ordinance is adopted pursuant to authority contained in Chapter 160D of the North Carolina General Statutes.

(Ord. No. AL2021-06-1, § 1, 6-7-2021)

This Ordinance shall be effective throughout the Town's planning jurisdiction.

(a)

Where applied. The standards in this Ordinance apply to all lands within the Town of Archer Lodge, as identified on the Official Zoning Map.

(b)

No Development Until Compliance with This Ordinance.

(1)

No Land Developed. Unless exempted, no land shall be developed without compliance with this Ordinance and all other applicable County, State, and federal regulations.

(2)

No Grading or Excavation. Unless exempted, no land shall be subjected to substantial clearing, grading, filling, or excavated without compliance with this Ordinance and all other applicable Town, County, State, and federal regulations.

(3)

No Use or Occupancy. No person shall use or occupy any land or buildings or authorize or permit the use or occupancy of land or buildings under their control, except in accordance with this Ordinance.

(4)

No Construction or Alteration. No building, or portion thereof, shall be erected, used, moved, or altered except in conformity with the regulations specified for the zoning district in which it is located and all other applicable provisions of this Ordinance.

(5)

No Improvement to Subdivided Land. Improvements to subdivided land shall not be undertaken until approval of a preliminary plat for all or the active phase of a major subdivision or a minor subdivision approval for all or the active phase of a minor subdivision.

(6)

No Sale or Transfer. Except for lots within an exempt subdivision, no lots in a subdivision may be sold or titles to land transferred as part of a transfer plat until all the requirements of this Ordinance have been met, except as authorized by §160D-801, et seq. of the North Carolina General Statutes.

(c)

Application to Governmental Units. Except where otherwise stated, the provisions of this Ordinance shall apply to:

(1)

Development by the Town or County or its agencies, or departments;

(2)

Development of buildings by the State, public colleges or universities, or other political subdivisions of the State; in accordance with the North Carolina General Statutes; and

(3)

Development owned or held in tenancy by the government of the United States, its agencies, departments or corporate services, to the full extent permitted by law.

(d)

Application to Bona Fide Farms.

(1)

Within Corporate Limits. Except for the special flood hazard area standards, land and agricultural activity as defined in §160D-903 of the North Carolina General Statutes taking place on a bona fide farm use that is located within the Town's corporate limits shall be exempted from the standards in this Ordinance.

(2)

Non-Farm Related Activity Taking Place on a Bona Fide Farm. Land uses and development activity that do not qualify as agricultural activity, agri-tourism, as incidental to a bona fide farm, or that is conducted for non-farming purposes shall be subject to the standards in this Ordinance regardless of whether they are located upon a bona fide farm.

(3)

Special Flood Hazard Area Standards. All development and activity located on a bona fide farm shall be subject to all applicable special flood hazard area or flood damage prevention standards in accordance with 160D-903 of the North Carolina General Statutes.

(Ord. No. AL2021-06-1, § 1, 6-7-2021; Ord. No. AL2022-03-1 (UDO-TA-1-22), § 1, 3-7-2022)

Except as otherwise specifically provided in this Ordinance, no land or structure 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 of a structure, shall be constructed, erected, altered or moved, except in compliance with all of the applicable provisions of this Ordinance.

(Ord. No. AL2021-06-1, § 1, 6-7-2021)

(a)

Declaration of necessity. In order to protect and promote the health, safety, and general welfare of the Town and its planning jurisdiction, this Ordinance is adopted by the Town Council to regulate and restrict by means of zoning regulations the height, number of stories, and size of buildings and other structures; the percentage of lots that may be occupied; the size and availability of yards, courts and other open spaces; the density of population; and the location and use of buildings, structures, and land for trade, industry, residence and other purposes.

(b)

Purpose. The purpose of the regulations set forth in this Ordinance shall be to accomplish compatible development of the land within the planning jurisdiction of the Town in a manner which will best promote the health, safety, and general welfare; to promote efficiency, energy conservation, and economy in development; to make adequate provisions for traffic; to secure safety from fire, flooding, panic, and other hazards; to provide for adequate light and air; to prevent overcrowding of land; to avoid inappropriate concentration of population; to facilitate the adequate provision of transportation, public water, sewerage, schools and other public requirements; to promote desirable living conditions and the stability of neighborhoods; and to achieve other purposes in accordance with the comprehensive plan and development policies for the Town's planning jurisdiction.

(Ord. No. AL2021-06-1, § 1, 6-7-2021)

The legislative intent of the Town Council in adopting this Ordinance is that all provisions shall regulate development in accordance with the existing and future needs of the Town as established in this Ordinance, and promote the public health, safety, and general welfare of the landowners and residents of the Town of Archer Lodge. If any section, subsection, sentence, boundary, or clause of this Ordinance is for any reason held by a court of competent jurisdiction to be invalid, the Town Council hereby declares that it would have passed this Ordinance and any section, subsection, sentence, boundary, clause, and phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, boundaries, clauses, or phrases are declared invalid. The sections not declared invalid will continue to be used and enforced by the Town.

(Ord. No. AL2021-06-1, § 1, 6-7-2021)

The administration, enforcement, and amendment of this Ordinance shall be accomplished in accordance with the Town's adopted Comprehensive Plan and any other adopted plan or policy guidance.

(Ord. No. AL2021-06-1, § 1, 6-7-2021)

(a)

Conformance.

(1)

Advisory only.

a.

Except for functional plans and documents, adopted policy guidance is advisory in nature and does not carry the effect of law.

b.

This Ordinance or any decisions made under this Ordinance may not be challenged on the basis of any alleged non-conformity with an adopted plan.

(2)

Consistency desired but not required. This Ordinance seeks to ensure that all development within the Town is consistent with the goals, objectives, policies, strategies, and actions contained in the Town's adopted plans, but consistency between a decision made under this Ordinance and the adopted plan is not a legal requirement. Decisions on applications for amendments to the text of this Ordinance or 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 § 160D-605 of the North Carolina General Statutes.

(3)

Amendment upon inconsistency.

a.

To the extent this Ordinance or the Official Zoning Map is or becomes inconsistent with the Town's adopted plans, the Town may amend this Ordinance to better achieve consistency, but such amendment is not legally required. Zoning map amendments inconsistent with an adopted land use plan automatically amend the land use plan. See § 30-3316 Rezoning/Map amendment.

b.

In cases where the Town's adopted policy guidance is amended as part of an approval of a zoning map amendment, the approval shall indicate the simultaneous amendment of the applicable adopted plan.

(b)

Functional plans and documents.

(1)

The Town has adopted functional plans and documents relating to erosion control, economic development, tourism, and the provision of public infrastructure and services (e.g., the most recently-adopted Johnston County Comprehensive Transportation Plan, Archer Lodge NC Bike and Pedestrian Plan, the Johnston County Storm Water Management Ordinance, Johnston County Stormwater Design Manual, the Cape Fear Hazard Mitigation Plan, and the North Carolina State Building Code and Appendices).

(2)

Compliance with standards in functional plans and documents is mandatory.

(Ord. No. AL2021-06-1, § 1, 6-7-2021)

(a)

Conflicts with other laws. If a provision of this Ordinance is inconsistent with another provision found in other adopted ordinances of the Town, the more restrictive provision shall govern unless the terms of the more restrictive provision specify otherwise. The more restrictive provision is the one that imposes greater restrictions or burdens, or is more stringent.

(b)

Conflicts with state or federal laws.

(1)

If a provision of this Ordinance is inconsistent with State or federal law, the more restrictive provision controls, to the extent permitted by law.

(2)

In cases where a State law related to an environmental issue is less restrictive, the State law shall control.

(c)

Conflicts between standards in this Ordinance.

(1)

When two or more standards in this Ordinance conflict with one another, the more restrictive standard shall control.

(2)

In cases where development is configured in accordance with an authorized incentive or other flexibility provision included in this Ordinance (such as an administrative adjustment), the standards related to the approved incentive or flexibility provision shall control.

(3)

The text of this Ordinance shall be interpreted in accordance with § 30-3306, Determination and interpretation. Nothing shall limit the Town Planner from preparing a written interpretation of how conflicting provisions are interpreted on a case-by-case basis.

(Ord. No. AL2021-06-1, § 1, 6-7-2021)

The standards in this section address existing violations, nonconformities and applications in process at the time this Ordinance is adopted.

(a)

Violations continue.

(1)

Violations of the previous ordinance shall continue to be violations under this Ordinance, unless the development complies with this Ordinance and is no longer considered to be in violation, or the ability to address the violation has lapsed in accordance with § 30-9103, Statute of limitations.

(2)

Any violation of the previous UDO that is no longer a violation under this Ordinance shall not be considered a violation.

(3)

Violations of this Ordinance that have not yet passed any applicable statutes of limitation shall be subject to the penalties set forth in article 9, Enforcement, unless the development complies with the express terms of this Ordinance or other applicable ordinances, laws, or statutes.

(b)

Existing nonconformities. If any use, building, structure, lot, sign, or site feature legally existed on June 7, 2021, but does not fully comply with the standards of this Ordinance, the use, building, structure, lot, sign, or site feature is considered nonconforming under this Ordinance and shall comply with the requirements in Article 8, Nonconformities.

(c)

Approved applications.

(1)

Any development approvals granted before June 7, 2021 shall remain valid until their expiration date.

(2)

Developments with valid approvals or permits may be carried out in accordance with the terms and conditions of their approval and the development standards in effect at the time of approval, provided the permit or approval is valid and has not expired.

(3)

Portions of developments, including subdivisions, reserved as future development sites where no lot lines are shown on a preliminary plat, site plan, PD master plan, or other plan of development shall comply with the provisions of this Ordinance.

(4)

If an approval expires or is revoked (e.g., for failure to comply with the terms and conditions of approval), any subsequent development of the site shall be applied for in accordance with the procedures and standards of this Ordinance.

(5)

An applicant shall be deemed to have initiated an approved development upon the subsequent application for and diligent pursuit of other required Town, County, State, or federal permits or approvals.

(6)

Timelines for the commencement or expiration of development in accordance with an approved application shall be suspended in the event of legal challenge.

(7)

To the extent a prior-approved application proposes development that does not comply with this Ordinance, the subsequent development, although permitted, shall be nonconforming and subject to the provisions of article 8, Nonconformities.

(d)

Pending applications.

(1)

Final action pending.

a.

Any development application submitted and accepted as complete before June 7, 2021, but still pending final action as of that date, may be decided in accordance with either the regulations in affect at the time the application was determined complete or the regulations in this Ordinance, as requested by the applicant.

b.

To the extent an application is approved and proposes development that does not comply with this Ordinance, the subsequent development, although permitted, shall be nonconforming and subject to the provisions of article 8, Nonconformities.

c.

If the development subject to an application approved under the prior zoning or subdivision ordinances fails to comply with the required time frames, it shall expire, and future development shall be subject to the requirements of this Ordinance.

(2)

Complete applications.

a.

Applications accepted as complete prior to June 7, 2021 may be decided in accordance with either the regulations in affect at the time the application was determined complete or the regulations in this Ordinance, as requested by the applicant.

b.

To the extent such an application is approved and proposes development that does not comply with this Ordinance, the subsequent development, although permitted, shall be nonconforming and subject to the provisions of Article 8, Nonconformities.

c.

If the development subject to an approved application fails to comply with the required time frames, it shall expire, and future development shall be subject to the requirements of this Ordinance.

(3)

Submitted, but incomplete applications. Applications that have been submitted prior to June 7, 2021 but not determined to be complete by the Town Planner as of that date shall be reviewed and decided in accordance with this Ordinance.

(e)

Pre-existing conditional use permits.

(1)

Development subject to a conditional use permit issued prior to June 7, 2021 shall continue to be subject to the conditional use permit requirements and all conditions of approval.

(2)

Amendments to a conditional use permit established prior to June 7, 2021 shall be in accordance with the standards in § 30-3318, Special Use Permit.

(f)

Established uses without a special use permit.

(1)

If a use was a lawfully-established permitted "by-right" use before June 7, 2021 and is subsequently made a special use as indicated in the principal use table in § 30-5207, the lawfully-established pre-existing permitted use shall be considered a nonconforming use in accordance with § 30-8501, Nonconforming Uses, and may continue in operation.

(2)

Any changes to a lawfully-established pre-existing permitted use that now requires a special use permit after June 7, 2021 shall require a special use permit in accordance with § 30-3318, Special Use Permit.

(Ord. No. AL2021-06-1, § 1, 6-7-2021)

The following codes and standards are hereby adopted and incorporated into this Ordinance by reference:

(a)

The Flood Insurance Rate Maps for the Town of Archer Lodge, North Carolina;

(b)

The Johnston County Comprehensive Transportation Plan, as amended;

(c)

The Johnston County Storm Water Management Ordinance, as amended; and

(d)

The Johnston County Stormwater Design Manual, as amended,

(Ord. No. AL2021-06-1, § 1, 6-7-2021)

This section is intended to implement § 160D-108 of the North Carolina General Statutes with respect to the establishment of zoning vested rights for landowners or applicants who have received a development approval from the Town.

(Ord. No. AL2021-06-1, § 1, 6-7-2021)

As used in this Ordinance, a zoning vested right is defined as the right to undertake and complete the development and use of land under the terms and conditions of a development approval issued by the Town.

(Ord. No. AL2021-06-1, § 1, 6-7-2021)

(a)

For the purposes of this section, a site-specific vesting plan is defined as a plan of land development submitted to the Town for purposes of obtaining approval.

(b)

A site-specific vesting plan must provide, with reasonable certainty, all of the following:

(1)

The boundaries of the development;

(2)

Topographic and natural features affecting the site;

(3)

The approximate location of proposed buildings, structures, and other improvements;

(4)

The approximate dimensions, including height, of proposed buildings and other structures;

(5)

The approximate location of all existing and proposed infrastructure on the site, including water, sewer, streets, and pedestrian ways;

(6)

The type or types of proposed land uses; and

(7)

The density or intensity of development.

(c)

A variance, sketch plan, or any other document that fails to describe with reasonable certainty the type and intensity of use for a specific lot or lots of property shall not constitute a site-specific vesting plan.

(d)

The following development approvals constitute a site-specific vesting plan:

(1)

Final plats (see § 30-3310, Final plat);

(2)

Planned development master plans (see § 30-3314);

(3)

Preliminary plats associated with a major subdivision (See § 30-3312, Major subdivision);

(4)

Site plans (See § 30-3317, Site plan); and

(5)

Special use permits (See § 30-3318, Special use permit).

(Ord. No. AL2021-06-1, § 1, 6-7-2021)

(a)

Generally. A vested right may only be established following an approval of a development application in accordance with this Ordinance and the applicable requirements in the North Carolina General Statutes.

(b)

Common law vesting. A common law vested right is established only when the following can be demonstrated by the landowner:

(1)

There is an affirmative governmental act by the Town in the form of an approval of a permit or development approval under this Ordinance; and

(2)

The landowner relies on this affirmative governmental act in good faith and makes substantial expenditures to develop the land; and

(3)

It would be inequitable to prevent the landowner from proceeding to develop the land consistent with the terms and conditions of the permit or development approval relied upon.

(Ord. No. AL2021-06-1, § 1, 6-7-2021)

(a)

A landowner seeking to claim a vested right shall submit information to substantiate their claim of vesting status along with an application for a determination in accordance with § 30-3306 Determination and interpretation.

(b)

Appeal of a decision on a determination application may be filed with the Board of Adjustment in accordance with § 30-3302 Appeal.

(c)

Applicants seeking to extend the vesting status of a site-specific vesting plan may file an application for a vested rights certificate (see § 30-3322, Vested rights certificate).

(Ord. No. AL2021-06-1, § 1, 6-7-2021)

(a)

Development approvals that have an established vested right in accordance with § 160D-108 of the North Carolina General Statutes and this section shall preclude any action by the Town that would change, alter, impair, prevent, diminish, or otherwise delay the development or use of the property authorized by the development approval, except where a change in State or federal law occurs and has a retroactive effect on the development or use.

(b)

Except when subject to subsection (c) below, amendments to this Ordinance shall not be applicable to any of the following development approvals after they are vested:

(1)

Building or uses of land for which a development permit application has been submitted and approved in accordance with this Ordinance and § 143-755 of the North Carolina General Statutes;

(2)

Subdivisions of land for which a subdivision application has been submitted and approved in accordance with this Ordinance and § 143-755 of the North Carolina General Statutes;

(3)

A site-specific vesting plan approved in accordance with this Ordinance and § 160D-108.1 of the North Carolina General Statutes;

(4)

A multi-phase development approved in accordance with this Ordinance and § 160D-108 of the North Carolina General Statutes; and

(5)

A vested right established by the terms of an approved development agreement in accordance with this Ordinance and Article 10 of Chapter 160D of the North Carolina General Statutes.

(c)

Amendments to this Ordinance shall apply to vested development approvals if:

(1)

A change to State or federal law occurs and has a retroactive effect on the development or use;

(2)

There is written consent to be subject to the amendment by the landowner;

(3)

The development approval expires; or

(4)

The development is not undertaken or completed in accordance with the approval.

(Ord. No. AL2021-06-1, § 1, 6-7-2021)

Vested rights shall commence upon approval of a development application and shall continue through the maximum duration periods established in this section.

(a)

Building permits. The issuance of a building permit establishes a vested right to development for a period of six months, as long as the building permit complies with the terms and conditions of approval of that building permit.

(b)

Development approvals. Except for building permits, site-specific vesting plans, development agreements, and multi-phase developments, any development approval under this Ordinance shall be vested from changes in this Ordinance for a period of one year from the date of approval, provided the development subject to the approval complies with all applicable terms and conditions.

(c)

Site specific vesting plans.

(1)

Development approvals identified by this Ordinance as site-specific vesting plans shall be granted a vested right to develop for a maximum period of two years from the date of the approval, provided the development subject to the approval complies with all applicable terms and conditions.

(2)

The two year vesting duration of a site-specific vesting plan may be extended up to five years from the date of the approval in accordance with § 30-3322 Vested rights certificate.

(3)

Site-specific vesting plans meeting the definition of a multi-phase development shall be vested in accordance with subsection (d) below.

(d)

Multi-phase developments.

(1)

A multi-phase development plan that occupies at least 25 acres of land area, is subject to a master plan that depicts the types and intensities of all uses as part of the approval, and includes more than one phase shall be considered as a multi-phase development plan that is granted a vested right to develop for a period of seven years from the date of approval of the first site plan associated with the development.

(2)

Vesting shall commence upon approval of the site plan for the first phase of the development.

(3)

The vested right shall remain in effect provided the development does not expire and provided it complies with all the applicable terms and conditions of the approval.

(e)

Development agreements. A development agreement shall be vested in accordance with the vesting term identified in the development agreement.

(Ord. No. AL2021-06-1, § 1, 6-7-2021)

(a)

Vested rights established in accordance with this Ordinance shall run with the land.

(b)

In no instance shall vesting status extend beyond the maximum duration for the type of development application approval identified in § 30-1307, Duration.

(c)

In no instance shall the vesting status of a development approval continue after the development approval expires or if the development approval is revoked for failure to comply with the terms of the approval or of this Ordinance.

(d)

In no instance shall the vesting status of a development approval continue after it is determined that the development approval was based upon intentional inaccurate information or material misrepresentations.

(e)

In no instance shall vested rights continue if the Town Council finds, after a duly noticed public hearing, that natural or man-made hazards resulting from the development would result in a serious threat to public health, safety, or welfare if the development were to be continued or completed.

(f)

In the event of commenced but uncompleted work associated with a development approval, vested rights shall expire within 24 months of the discontinuance of work. This 24 month period shall not include the time associated with work stoppage resulting from an appeal or litigation.

(Ord. No. AL2021-06-1, § 1, 6-7-2021)

(a)

The establishment of a vested right does not preclude the Town's application of overlay zoning district requirements or other development regulations that do not affect the type of land use, its density, or intensity.

(b)

A vested right shall not preclude the application of changes to building, fire, plumbing, electrical, or mechanical codes made after the development approval where a vested right was established.

(Ord. No. AL2021-06-1, § 1, 6-7-2021)