This chapter may be referred to and cited as "Unified Development Ordinance" and is sometimes referred to herein as "ordinance."

(Ord. No. 2021-05, 6-21-2021)

The articles contained within this chapter are enacted pursuant to G.S. ch. 160D. Where applicable, the county's general police powers are exercised pursuant to the power and authority established in G.S. 153A-121.

(Ord. No. 2021-05, 6-21-2021)

(a)

Zoning. The county is divided into zoning districts which establish permitted uses, dimensional standards, and design standards. The purposes of zoning and the zoning districts, in part, include:

(1)

Implementation of the comprehensive plan;

(2)

Lessening congestion in the streets;

(3)

Securing safety from fire, panic and other dangers;

(4)

Promoting the health, safety and general welfare;

(5)

Providing adequate light and air;

(6)

Preventing the overcrowding of land;

(7)

Avoiding undue concentration of population;

(8)

Facilitating the adequate provision of transportation, water, sewer, schools, parks and other public infrastructure;

(9)

Protecting the character of each district and its peculiar suitability for particular uses;

(10)

Conserving the value of buildings;

(11)

Encouraging the most appropriate use of land throughout the county; and

(12)

Providing for orderly growth and development in future expansion areas of cities within the county.

(b)

Subdivision regulation. The purposes of the subdivision regulations, in part, include:

(1)

Providing for the orderly growth and development of the county;

(2)

The coordination of streets and roads within proposed subdivisions with exiting or planned streets and roads and with other public facilities;

(3)

The dedication or reservation of recreation areas serving residents of the immediate neighborhood within the subdivision and rights-of-way or easements for street and utility purposes, including the dedication of rights-of-way pursuant to G.S. 136-66.10 and/or 136-66.11;

(4)

The distribution of population and traffic in a manner that will avoid congestion and overcrowding and will create conditions essential to public health, safety, and the general welfare;

(5)

The wise and timely development of areas, in harmony with the land development plan(s) and other official plans of the county; and

(6)

Accurate public records of land ownership, to facilitate land ownership transfer, the effective conduct of public and private business and the protection of private property rights.

(Ord. No. 2021-05, 6-21-2021)

This chapter applies to all of Catawba County throughout the county except in areas subject to municipal planning and development regulation jurisdiction. No development may occur unless all applicable regulations and standards established by this chapter are complied with and all permits or land use decisions have been approved as provided for in this chapter, and no person shall commence or proceed with development without first securing any required development approval hereunder.

(Ord. No. 2021-05, 6-21-2021)

(a)

In accordance with G.S. 160D-903, the provisions of divisions 2 and 3 of article III, article IV, article V and article VI of this chapter do not apply to bona fide farms, provided, however the provisions of article IV, section 44-429 are applicable to bona fide farms. However, this chapter shall apply to the use of farm property for nonfarm purposes.

(b)

"Bona fide farm purposes" include:

(1)

The production and activities relating or incidental to the production of crops, grains, fruits, vegetables, ornamental and flowering plants, dairy, livestock, poultry, and all other forms of agriculture, as defined in G.S. 106-581.1. Activities incident to the farm include existing or new residences constructed to the applicable residential building code situated on the farm occupied by the owner, lessee, or operator of the farm and other buildings or structures sheltering or supporting the farm use and operation. For purposes of this section, "when performed on the farm" in G.S. 106-581.1(6) shall include the farm within the jurisdiction of the county and any other farm owned or leased to or from others by the bona fide farm operator, no matter where located.

(2)

The production of a nonfarm product that the department of agriculture and consumer services recognizes as a "Goodness Grows in North Carolina" product that is produced on a farm subject to a conservation agreement under G.S. 106-743.2.

(c)

For purposes of determining whether a property is being used for bona fide farm purposes, any of the following shall constitute sufficient evidence that the property is being used for bona fide farm purposes:

(1)

A farm sales tax exemption certificate issued by the department of revenue.

(2)

A copy of the property tax listing showing that the property is eligible for participation in the present-use value program pursuant to G.S. 105-277.3.

(3)

A copy of the farm owner's or operator's schedule F from the owner's or operator's most recent federal income tax return.

(4)

A forest management plan.

(Ord. No. 2021-05, 6-21-2021)

(a)

In accordance with G.S. 160D-903, the provisions of divisions 2 and 3 of article III, article IV, article V and article VI of this chapter do not apply to agritourism which constitutes a bona fide farm purpose, as defined in section 44-105.

(b)

A building or structure that is used for agritourism is a bona fide farm purpose if the building or structure is located on a property that (i) is owned by a person who holds a qualifying farm sales tax exemption certificate from the department of revenue pursuant to G.S. 105-164.13E(a) or (ii) is enrolled in the present-use value program pursuant to G.S. 105-277.3.

(c)

Failure to maintain the requirements of subsection (b) above for a period of three years after the date the building or structure was originally classified as a bona fide farm purpose pursuant to this section shall subject the building or structure to the provisions of this ordinance.

(d)

"Agritourism" means any activity carried out on a farm or ranch that allows members of the general public, for recreational, entertainment, or educational purposes, to view or enjoy rural activities, including farming, ranching, historic, cultural, harvest-your-own activities, or natural activities and attractions. A building or structure used for agritourism includes any building or structure used for public or private events, including, but not limited to, weddings, receptions, meetings, demonstrations of farm activities, meals, and other events that are taking place on the farm because of its farm or rural setting.

(Ord. No. 2021-05, 6-21-2021)

County public facilities are a permitted use in all zoning districts; therefore, a special use permit is not required. County public facilities include schools, fire departments, rescue squads, sheriff's offices, utility pump stations, communication towers, water towers and treatment plants, resource recovery sites, sanitary landfills, recycling centers, refuse transfer stations and other public facilities. The facilities must meet all other site improvements and permitting requirements as required in this chapter.

(Ord. No. 2021-05, 6-21-2021)

This chapter is designed to implement the county's comprehensive planning policies, including the following plans which may be modified from time to time: VisionQuest, Catawba Small Area Plan, Mountain View Small Area Plan, St. Stephens-Oxford Small Area Plan, Balls Creek Small Area Plan, Sherrills Ford Small Area Plan, Startown Small Area Plan, Plateau Small Area Plan, the U.S. 321 Corridor District Plan and any other land use plans adopted subsequent to this chapter.

(Ord. No. 2021-05, 6-21-2021)

(a)

Generally. Where there are conflicts between the regulations in this chapter and other lawfully adopted regulations involved in such considerations, those which establish the highest requirements or most stringent limitations shall govern except where specific exceptions are set forth in the regulations. Any prior regulations on matters contained within this chapter are hereby abolished, and the regulations set forth in this chapter are controlling from the date of adoption.

(b)

Zoning.

(1)

When regulations made under authority of this chapter require a greater width or size of yards or courts, or require a lower height of a building or fewer number of stories, or require a greater percentage of a lot to be left unoccupied, or impose other higher standards than are required in any other statute or county ordinance or regulation, the regulations made under authority of this chapter shall govern.

(2)

When the provisions of any other statute or county ordinance or regulation require a greater width or size of yards or courts, or require a lower height of a building or a fewer number of stories, or require a greater percentage of a lot to be left unoccupied, or impose other higher standards than are required by the regulations made under authority of this chapter, the provisions of that statute or county ordinance or regulation shall govern.

(c)

Any permit or approval issued pursuant to this chapter shall attach to and run with the land.

(Ord. No. 2021-05, 6-21-2021)

(a)

If any word, phrase, sentence, part, section, subsection, or other portion of this chapter or any application to any person or circumstance is declared void, unconstitutional, or invalid for any reason, then such word, phrase, sentence, part, section, subsection, or other portion, or the prescribed application thereof, shall be severable, and the remaining provisions of this chapter, and all applications thereof, not having been declared void, unconstitutional, or invalid, shall remain in full force and effect.

(b)

Any permit issued under this chapter shall be comprehensive and not severable. If part of a permit is deemed or ruled to be invalid or unenforceable in any material respect, by a competent authority, or is overturned by a competent authority, the permit shall be void in total, upon determination by the county.

(c)

If any provision of this ordinance is in conflict with the provisions of G.S. ch. 160D, such provision in this ordinance shall be deemed amended to comply with the provisions of G.S. ch. 160D.

(Ord. No. 2021-05, 6-21-2021)

(a)

Word usage. In the interpretation of this chapter, the provisions and rules of this section shall be observed and applied, except when the context clearly require otherwise:

(1)

The words "shall," "must" and "will" are mandatory in nature, implying an obligation or duty to comply with the particular provision.

(2)

The words "may," "can," "should," "allow" or "encourage" are permissive in nature.

(3)

Words used in the present tense include the future tense.

(4)

Words used in the singular number include the plural number and the plural number includes the singular number, unless the context of the particular usage clearly indicates otherwise.

(5)

Words used in the masculine gender include the feminine gender.

(6)

The word "person" includes a firm, association, partnership, trust, company or corporation as well as an individual.

(7)

The word "county" shall refer to Catawba County, North Carolina.

(8)

The words "register of deeds" shall refer to the Catawba County Register of Deeds.

(9)

The specific controls the general.

(10)

If there is any difference of meaning or implication between the text of this chapter and any title, illustration, summary table, or illustrative example, the text shall control.

(11)

Unless the context clearly indicates the contrary, where a regulation involves two or more times, conditions, provisions, or events connected by the conjunction "and," "or," or "either … or," the conjunction shall be interpreted as follows:

a.

The term "and" indicates that all the connected items, conditions, provisions, or events shall apply.

b.

The term "or" indicates that one or several of connected items, conditions, provisions, or events shall apply.

(b)

General definitions. General definitions pertaining to this chapter are located in the appendix.

(c)

Special development definitions. Special development definitions are located within article IV and article V and include, but are not limited to, the following: floodplain, watershed, village center, manufactured home parks and signs. Definitions related to abandoned and junked vehicles are in article VIII, section 44-803.

(d)

General development standards. General development standards that are distinct and apart from special standards are located within the general standard sections located within article IV and article V.

(e)

Special development standards. Special development standards are self-contained within the special or overlay districts in article IV, and include, but are not limited to, the following: floodplain, village centers, manufactured home parks and planned developments.

(f)

G.S. ch. 160D. Definitions appearing in G.S. ch. 160D shall apply to this ordinance unless this ordinance provides a specific definition differing from the one in G.S. ch. 160D.

(Ord. No. 2021-05, 6-21-2021)

(a)

Any development approval issued pursuant to this chapter shall be in writing and shall contain a provision that the development shall comply with all applicable state and local laws. Development approvals may be issued in print or electronic form, provided that any development approval issued exclusively in electronic form shall be protected from further editing once issued. Applications for development approvals may be made by the landowner, a lessee or person holding an option or contract to purchase or lease land, or an authorized agent of the landowner. An easement holder may also apply for development approval for such development as is authorized by the easement.

(b)

Duration of development approval. Unless a different period is specified by this chapter or other specific applicable law, or a different period is provided by a quasi-judicial development approval, a development agreement, or a local ordinance, a development approval issued pursuant to this chapter shall expire five years after the date of issuance if the work authorized by the development approval has not been substantially commenced. Unless provided otherwise by this chapter or other specific applicable law or a longer period is provided by local ordinance, if after commencement the work or activity is discontinued for a period of 12 months after commencement, the development approval shall immediately expire. The time periods set out in this subsection shall be tolled during the pendency of any appeal. No work or activity authorized by any development approval that has expired shall thereafter be performed until a new development approval has been secured. Nothing in this subsection shall be deemed to limit any vested rights secured under G.S. 160D-108.

(c)

Extensions of time limits. Extensions of time limits for approval may be approved by the board granting the original approval. Unless otherwise prohibited by state law or this chapter, the board may extend the time for expiration of an approval for an additional five years from the end of the original five-year period, if the application for extension is made in writing within the original timeframe based upon substantial progress. No additional extensions of any time limits for approvals are permitted, unless the board granting the original approval granted a phased timetable exceeding ten years. Before granting an extension, the board shall determine whether any applicable changes in land use regulations have occurred which would impose new requirements with respect to such approval, if an extension were denied, and the applicant were compelled to refile for an approval.

(d)

Changes. After a development approval has been issued, no deviations from the terms of the application or the development approval shall be made until written approval of proposed changes or deviations has been obtained. Minor modifications to development approvals may be administratively approved as specifically provided herein. For any major modification of an approval, the applicant shall follow the same development review and approval process required for issuance of the initial development approval.

(e)

Inspections. The planning director may inspect work undertaken pursuant to a development approval to assure that the work is being done in accordance with applicable state and local laws and of the terms of the approval. In exercising this power, the planning director is authorized to enter any premises within the jurisdiction of the county at all reasonable hours for the purposes of inspection or other enforcement action, upon presentation of proper credentials; provided, however, that the appropriate consent has been given for inspection of areas not open to the public or that an appropriate inspection warrant has been secured.

(Ord. No. 2021-05, 6-21-2021)