The official title of this document is the Unified Development Ordinance of the Town of Boiling Springs, North Carolina, and may be referred to as the "UDO" or "the ordinance".

The unified development ordinance was adopted on November 9, 2021 and became effective on November 10, 2021.

The adoption of this ordinance repeals the Town of Boiling Springs Zoning, Subdivision, Watershed Protection, Tower Code, Flood Damage Prevention and Airport Zoning Ordinances in Chapter 15 of the Town Code of Ordinances and partially reenacts certain provisions of those ordinances as the unified development ordinance.

The comprehensive land use plan serves as the basic policy guide for land use and development under the UDO. The policies and action items of the plan may be amended from time to time to meet the changing requirements of the town in response to changes in circumstance and conditions as deemed necessary by the town council.

All actions taken by the town council, appointed boards, and administrative staff in the administration and enforcement of this ordinance shall be free from conflicts of interest. The following shall govern conflicts of interest.

It is expressly declared that each article, section, subsection, sentence and phrase contained in this ordinance would have been adopted regardless of whether one or more other portions of the ordinance are declared invalid or unconstitutional. If one or more provisions of this ordinance are declared to be invalid, the remainder of the ordinance shall remain intact and in force.

The UDO applies to all land, buildings, structures and uses located within the corporate limits and extraterritorial jurisdiction of the Town of Boiling Springs, North Carolina.

To the extent allowed by law, the provisions of the UDO apply to all land, buildings, structures and uses owned, leased or otherwise controlled by any other municipal, district, county, state, federal or other governmental agencies within the territorial jurisdiction of this Ordinance.

If any provisions of this ordinance are inconsistent with similar provisions of state or federal law, the more restrictive provision shall control, to the extent permitted by law.

Conflicts and duplications among portions of this ordinance shall be resolved in favor of the more restrictive regulation, condition or requirement.

The language of this ordinance must be read and interpreted literally. Regulations contained within this ordinance are no more or less strict than stated.

The rules and regulations established in this ordinance shall be considered as minimum requirements.

For the purposes of interpreting the general language and sentence construction of this Ordinance, the following rules of construction apply unless the context clearly indicates otherwise:

(A)

Meaning of words. Words listed in appendix A, Definitions, have the specific meaning assigned, unless the context expressly indicates another meaning. Words that are not defined are given their common meaning.

(B)

Tense. Words used in the present tense include the future tense. The reverse shall also apply.

(C)

Singular and plural. Words used in the singular include the plural. The reverse shall also apply.

(D)

Mandatory terms. The words "shall", "will", "must" and "may not" are mandatory or compulsory in nature, implying an obligation or duty to comply with the particular provision.

(E)

Gender. Words used in the male gender include the female gender. The reverse shall also apply.

(F)

Days. Any reference to "days" means calendar days unless otherwise specified.

(G)

Reference. Any reference to an article, section or subsection means an article, section or subsection of this ordinance, unless otherwise specified.

(H)

Figures and illustrations. In case of any conflict, or perception of conflict, between the text of the ordinance and any figure or illustration contained herein, the text of the ordinance shall govern.

(I)

Current versions and citations. All references to other town, county, state or federal ordinances, laws or regulations in this ordinance are intended to be references to the most current versions and citations unless otherwise expressly indicated. When referenced regulations have been repealed and not replaced by other regulations, requirements for compliance are no longer in effect.

(J)

Lists and examples. Unless otherwise expressly indicated, lists of items or examples that use "including," "such as" or similar terms are intended to provide examples only. They are not to be construed as exhaustive lists of all possibilities.

(K)

Delegation of authority. Whenever a provision appears requiring a specific officer or employee of the town to perform an act or duty, that provision will be construed as authorizing the officer or employee to delegate that responsibility to others over whom he has authority. Delegation of authority is not allowed when the provisions of this Ordinance or other laws or regulations expressly prohibit such delegation.

(L)

Calculations and rounding. Unless otherwise specified within this ordinance, all calculations that result in a part or fraction of a whole number shall be rounded up to the next highest whole number.

The location and boundaries of zoning districts established by this Ordinance are depicted on the Official Zoning Map, which is hereby incorporated and made part of the Unified Development Ordinance.

The official zoning map shall be filed with the town clerk and be made available for public inspection in the same manner as all other public records.

At the direction of the town council, as evidenced by the adoption of an ordinance amending the official zoning map, the ordinance administrator is authorized to revise the district boundaries depicted on the official zoning map. Other alterations to the map, including updates to reflect changes in jurisdictional boundaries, land subdivision, and similar changes may be made by the ordinance administrator when such changes occur. No unauthorized person may alter or modify the official zoning map.

A printed copy of the current version of the official zoning map shall be filed with town clerk following the adoption of each ordinance amending the map or administrative update. The ordinance administrator and town clerk shall certify each successive version of the official zoning map by their signatures. The town clerk shall maintain a complete record of prior versions of the official zoning map in compliance with G.S. § 160D-105.

The ordinance administrator is authorized to make administrative alterations of the official zoning map in those cases where the base data used to determine the location and extent of a zoning district boundary is updated and such update results in discrepancies between the base data and the district boundaries depicted on the official zoning map. In making such alterations, the ordinance administrator shall follow the rules of interpretation of district boundaries as established in this article.

In the event that any uncertainty exists with respect to the intended boundaries as shown on official zoning map, the ordinance administrator is authorized to interpret the boundaries in accordance with the standards of this section:

(A)

Where a boundary line is shown as coinciding with, binding along or superimposed upon a property line, such property line shall be deemed to be a district boundary line.

(B)

Where a boundary line is shown as coinciding with, binding along or superimposed upon a street, alley, watercourse or right-of-way, the boundary line is deemed to be in the center of the street, alley, watercourse, right-of-way, or easement except in such case where the edge of the feature is specifically designated as the district boundary line.

Unless the property owner consents, this ordinance shall not apply to situations where:

(A)

A building permit has been issued prior to (November 9, 2021) so long as the permit remains valid and unexpired pursuant;

(B)

A vested right has been established pursuant to G.S. § 160D-801.1 and such right remains valid and unexpired; or

(C)

A vested right has been established pursuant to common law.

Permits and similar approvals for the use or development of land or structures that were granted prior to the effective date of this ordinance shall remain valid and in effect until their expiration. If such use or development activity as allowed by the permit or approval does not commence prior to the expiration of the permit or approval, all of the provisions of this ordinance shall apply to any subsequent land use or development activity on the property.

Applications for zoning permits, variances, special use permits, subdivision plats, site plans and similar development approvals that were submitted in complete form and are pending approval on November 9, 2021 shall be reviewed wholly under the terms of the ordinance(s) in effect on November 9, 2021.

The adoption of this ordinance does not affect or prevent any pending or future action to abate violations of previous ordinances.

A member of the town council or board of planning and adjustment shall not vote on any legislative decision regarding a development regulation where the outcome of the matter being considered is reasonably likely to have a direct, substantial, and readily identifiable financial impact on the member. A member shall not vote on any text amendment if the applicant is a person with whom the member has a close familial, business, or other associational relationship

A member of any board exercising quasi-judicial functions pursuant to this ordinance shall not participate in or vote on any quasi-judicial matter in a manner that would violate affected persons' constitutional rights to an impartial decision maker. Impermissible violations of due process include, but are not limited to, a member having a fixed opinion prior to hearing the matter that is not susceptible to change, undisclosed ex parte communications, a close familial, business, or other associational relationship with an affected person, or a financial interest in the outcome of the matter.

(A)

No staff member shall make a final decision on an administrative decision required by this Chapter if the outcome of that decision would have a direct, substantial, and readily identifiable financial impact on the staff member or if the applicant or other person subject to that decision is a person with whom the staff member has a close familial, business, or other associational relationship. If a staff member has a conflict of interest under this section, the decision shall be assigned to the supervisor of the staff person or such other staff person as may be designated by the development regulation or other ordinance.

(B)

No staff member shall be financially interested or employed by a business that is financially interested in a development subject to regulation under this Chapter unless the staff member is the owner of the land or building involved.

(C)

No staff member or other individual or an employee of a company contracting with a local government to provide staff support shall engage in any work that is inconsistent with his or her duties or with the interest of the Town, as determined by the Town Council.