This Ordinance is officially titled as the "Unified Development Ordinance of Atlantic Beach, North Carolina," and may be referred to as "the Unified Development Ordinance," "this Ordinance," and several abbreviated references such as "the UDO," "this UDO," or "UDO".

This Ordinance shall be in full force and effect on October 23, 2017, and repeals and replaces the Town of Atlantic Beach Unified Development Ordinance, as originally adopted on August 24, 2009, and subsequently amended.

This Ordinance consolidates the Town's zoning, subdivision, and flood damage prevention regulations, as authorized by the North Carolina General Statutes. It is adopted in accordance with the following:

A.

General Assembly. The authority granted to the Town of Atlantic Beach by the General Assembly of the State of North Carolina.

B.

North Carolina General Statutes. The North Carolina General Statutes.

C.

Town Charter. The Atlantic Beach Town Charter.

D.

Other Relevant Laws.

1.

All other relevant laws of the State of North Carolina; and

2.

Any special legislation for the Town of Atlantic Beach enacted by the General Assembly.

(Ord. No. 21-06-02, 6-28-2021)

The purpose of this Ordinance is to protect the public health, safety, morals, and general welfare of the citizens and landowners of the Town of Atlantic Beach, and to implement the policies and objectives of Town-adopted plans addressing the Town's growth and development. More specifically, the intent of this Ordinance is to:

A.

Acknowledge and protect the community character that is unique to Atlantic Beach;

B.

Foster convenient, compatible, and efficient relationships among land uses;

C.

Continue the established mixed-use pattern of certain portions of the community;

D.

Support and encourage a strong and diverse economy;

E.

Provide new investment and reinvestment opportunities;

F.

Better manage and lessen congestion in the streets;

G.

Ensure the provision of adequate open space between uses for light, air, and fire safety;

H.

Secure the safety of landowners and residents from flooding, fire, and dangers presented from extreme weather events, to the extent possible;

I.

Require appropriate setbacks for buildings and other structures to facilitate the safe movement of vehicular and pedestrian traffic, provide adequate fire lanes, and ensure adequate distance from dust, noise, and fumes created by vehicular traffic;

J.

Improve development quality and the quality of life for residents and visitors;

K.

Preserve and enhance visual attractiveness;

L.

Protect existing established development and neighborhoods from incompatible infill and redevelopment;

M.

Protect existing and increased housing and lodging opportunities;

N.

Ensure new development and redevelopment compliments and enhances community character; and

O.

Implement thoughtful, controlled growth.

A.

Where Applied.

1.

The regulations set forth in this Ordinance shall apply to all property within the Town's corporate limits and within the various zoning districts as designated on the official zoning map, as established in Section 18.3.1.D, Official Zoning Map, including any submerged lands that fall within the Town's corporate limits, unless the development is expressly exempted by a specific provision of this Ordinance.

2.

The Town of Atlantic Beach does not exercise planning and zoning authority beyond its corporate limits.

B.

Application to Governmental Units. Except as stated elsewhere, this Ordinance shall apply to:

1.

The Town of Atlantic Beach. Development by the Town or its agencies or departments;

2.

County and State Government. Development of buildings by state or county agencies or departments, public colleges or universities, or other political subdivisions of the State, in accordance with the standards in G.S. 160D-913; and

3.

Federal Government. 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 federal law.

C.

No Development Until Compliance with All Applicable Laws.

1.

No Land Developed. Unless exempted, no land shall be developed except in compliance with this Ordinance and all other applicable Town, State, and federal regulations.

2.

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

3.

No Building Constructed. No building, structure, or portion thereof, shall be erected, used, occupied, maintained, moved, or altered except in conformity with the applicable regulations in this Ordinance and other applicable Town regulations.

(Ord. No. 21-06-02, 6-28-2021)

A.

Adopted Policy Guidance. The administration, enforcement, and amendment of this Ordinance shall be accomplished in accordance with the Town's adopted planning policy framework. This includes the most recently adopted certified CAMA Land Use Plan and all other Town-adopted policy guidance.

B.

Conformance.

1.

Advisory. Adopted policy guidance is advisory in nature and does not carry the effect of law. Except as provided in the North Carolina General Statutes, consistency with adopted policy guidance shall not be a requirement for the continuing validity of any provision of this Ordinance.

2.

Consistency. This Ordinance is intended to ensure that all development within the Town is consistent with the goals, objectives, policies, strategies, and actions contained in the Town's adopted policy guidance.

3.

Amendment Upon Inconsistency. To the extent this Ordinance is or becomes inconsistent with the Town's adopted policy guidance, it should be amended to remain consistent. 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.

(Ord. No. 21-06-02, 6-28-2021)

A.

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 under the North Carolina General Statutes.

B.

Review of Private Agreements. The Town may review and approve private agreements, such as those related to the establishment and operation of a home or property owner's association; maintenance and operation of shared parking or cross-access agreement; or access easement between landowners in favor of the general public; but the Town is not responsible for monitoring or enforcing private covenants and deed restrictions.

C.

Existing Agreements or Vested Rights. Nothing in this Ordinance is intended to repeal, supersede, annul, impair, or interfere with any existing private agreements or vested rights, provided such agreements or vested rights are lawfully established and remain in effect.

A.

Conflicts with Other Town Codes or 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 specifies otherwise. The more restrictive provision is the one that imposes greater restrictions or burdens, or more stringent controls.

B.

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

C.

Conflicts Between Standards in this Ordinance. If provisions of this Ordinance conflict with one another, the more restrictive provision, as determined by the UDO Administrator, shall govern unless otherwise expressly provided.

A.

Prior Violations Continue. Any prior violation of the previous ordinance shall continue to be a violation under this Ordinance, unless the development complies with this Ordinance and is no longer considered to be a violation. Violations of this Ordinance shall be subject to Article 18-9: Enforcement.

B.

Existing Nonconformities. If any use, structure, lot, or sign, legally existed on October 23, 2017, but does not fully comply with the standards of this Ordinance, the use, structure, lot, or sign, is considered nonconforming under this Ordinance and may continue in accordance with the requirements in Article 18-8: Nonconformities.

C.

Pending Applications.

1.

Application Submitted. After October 23, 2017 an application for a development permit or approval shall not be considered as a submitted application until it is determined by the UDO Administrator to be a complete application in accordance with Section 18.2.3.F.4, Completeness Review.

2.

Complete Application.

a.

Any submitted development application accepted as complete before October 23, 2017, but still pending review or final action as of that date, shall be reviewed and decided in accordance with the prior regulations, or the standards of this Ordinance, at the request of the applicant.

b.

Complete applications shall be processed in good faith and shall comply with any time frames for review, approval, and completion as established in the regulations in effect at the time of the application is deemed by the UDO Administrator to be complete. If the application fails to comply with the required time frames, it shall expire and future development shall be subject to the requirements of this Ordinance.

c.

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 18-8: Nonconformities.

d.

An applicant may request review under this Ordinance by submitting a written request to the UDO Administrator.

3.

Application Not Complete. An applicant with a pending application that has been delivered to the Town but not determined to be complete before October 23, 2017 shall be reviewed in accordance with the standards in this Ordinance.

D.

Approved Applications.

1.

Valid Until Expiration.

a.

Any development approvals or permits granted before October 23, 2017 shall remain valid until their expiration date. Developments with valid approvals or permits shall 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 approval or permit is valid and has not expired.

b.

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

2.

Expiration. If the prior 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 comply with this Ordinance.

3.

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

4.

Nonconforming Development. 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 18-8: Nonconformities.

E.

New Applications. Applications submitted after the effective date in Section 18.1.2, Effective Date, are subject to the procedures and standards in this Ordinance.

F.

Existing Uses.

1.

If a use was a lawfully-established use permitted "by right" before October 23, 2017 and is subsequently made a special use in Table 18.4.1.G, Principal Use Table, the use shall be considered a lawfully-established special use.

2.

Any changes to a lawfully-established conditional use created in accordance with subsection 18.1.9.F.1 above, made after October 23, 2017 shall be in accordance with Section 18.2.4.R, Special Use Permit.

G.

Prior-Approved Conditional Use Zoning.

1.

Subject to Existing Conditions. Land in the RSC district subject to a conditional use permit approved before October 23, 2017 shall continue to be subject to all conditions in the conditional use permit.

2.

Amendment. Amendments or modifications made to a use existing in the RSC district after October 23, 2017 shall be subject to the requirements of this Ordinance but shall not be required to obtain a new special use permit or amend an existing special use permit.

On October 23, 2017, land zoned with a zoning district classification from the previous ordinance shall be translated or reclassified to one of the zoning district classifications in this Ordinance as set forth in Article 18-3: Zoning Districts. Table 18.1.10, Zoning District Translation, summarizes the translation or reclassification of the zoning districts used in the previous ordinance to the zoning districts used in this Ordinance. For example, the table shows that all lands classified as Residential Single Family - Conservation (R-1(C)) in the previous ordinance under the column titled "Former Zoning District" are now classified Residential Single-Family Conservation (RSC) in this Ordinance under the column titled "Current Zoning District".

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 Atlantic Beach. 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, such decision shall not affect the validity of the remaining portions of the Ordinance. 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 (1) or more sections, subsections, sentences, boundaries, clauses, or phrases are declared invalid.