These regulations shall be known and may be cited as the Unified Development Ordinance of Brunswick County, North Carolina and may be referred to as this "UDO" or this "Ordinance".

These regulations are adopted pursuant to the authority granted to Brunswick County by Chapter 160D of the General Statutes of North Carolina.

( Ord. No. UDO-21-01 , § 1, 5-17-21)

These regulations govern the development and use of all land, waters, and structures in Brunswick County which are outside of the zoning jurisdiction of any other governmental unit having equal land use regulatory authority.

It is the purpose of this Ordinance to:

1.4.1. Promote the health, safety, and general welfare of the residents of Brunswick County;

1.4.2. Implement the policies and goals contained with officially adopted plans, including the Brunswick Tomorrow Comprehensive Plan, Coastal Area Management Act (CAMA) Land Use Plan, any other adopted County land use documents;

1.4.3. Preserve the overall quality of life for residents and visitors;

1.4.4. Protect the character of established residential neighborhoods;

1.4.5. Maintain economically vibrant as well as attractive business and commercial areas;

1.4.6. Retain and expand the County's employment base;

1.4.7. Maintain orderly and compatible land-use and development patterns;

1.4.8. Lessen congestion in the streets and accommodate the use of alternatives to the private automobile including public transportation, and pedestrian and bicycle facilities;

1.4.9. Ensure adequate light, air, privacy, and access to property;

1.4.10. Encourage environmentally responsible development practices;

1.4.11. Promote rehabilitation and reuse of older buildings;

1.4.12. Maintain a range of housing choices and options;

1.4.13. Establish clear and efficient development review and approval procedures; and

1.4.14. Accommodate growth and development that complies with the preceding stated purposes.

The administration, enforcement, and amendment of this Ordinance shall be accomplished with consideration of recommendations presented in the documents comprising the Comprehensive Plan. These documents include, but are not limited to, the following: the Brunswick Tomorrow Comprehensive Plan, the CAMA Land Use Plan, thoroughfare plan, collector street plan, neighborhood plans, small area plans, community facilities plan, capital improvement program, economic development strategies, housing assistance plan, recreation plan, greenways plan, drainage way and open space plan, and watershed management plan. A copy of the adopted Brunswick Tomorrow Comprehensive Plan shall be filed with the County Clerk.

Matters regulated include, but are not limited to:

1.6.1. Use of land and water for trade, industry, residence, parking, and other purposes;

1.6.2. Size of lots, yards, and other spaces;

1.6.3. Maximum coverage of lots by buildings and other structures, and by uses;

1.6.4. Height, size, location, erection and construction, reconstruction, alteration and use of buildings and other structures for trade, industry, residence, and other purposes;

1.6.5. Density of population; and

1.6.6. Division and subdivision of land.

These regulations shall become effective upon March 16, 2015.

It is not intended that this Ordinance in any way repeal, annul or interfere with the existing provisions of any other law or ordinance. In addition, it is not intended that this Ordinance in any way repeal, annul or interfere with any rules, regulations or permits which were legally adopted or issued under previous ordinances for the use or development of land or structures. Finally, it is not intended that this Ordinance interfere with any easements, covenants, or other agreements between parties besides the County of Brunswick. However, if the provisions of this Ordinance impose greater restrictions or higher standards for the use of a building or land, or for yards or size of structures than is called for by other ordinances, permits, easements or agreements, then the provisions of this Ordinance will take precedence over the others and will control the use of development, except as otherwise provided under Section 1.11, Transitional Provisions.

All ordinances or parts of ordinances of the County which are in conflict or inconsistent with this Ordinance are repealed and superseded to the extent necessary to give this Ordinance full force and effect.

For the purposes of these regulations, the following rules of construction shall apply:

1.10.1. These regulations shall be construed to achieve the purposes for which they are adopted.

1.10.2. In the event of a conflict between the text of these regulations and any caption, figure, illustration, or table, the text of these regulations shall control.

1.10.3. In the event of any conflict in limitations, requirements, or standards applying to an individual use or structure, the more stringent or restrictive provision shall apply.

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

1.10.5. The word "may" is permissive in nature, except when the context of the particular use is negative, and then it is mandatory.

1.10.6. Words used in the present tense include the future tense.

1.10.7. 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.

1.10.8. Words used in the masculine gender include the feminine gender.

1.11.1. Construction in Progress

The adoption of this Ordinance does not require a change in the plans, construction, or designated use of any building for which actual construction was lawfully begun before May 1, 2007 and on which actual construction has been diligently pursued. For the purpose of this provision, "actual construction" includes the erection of construction materials in permanent position and fastened in a permanent manner; and demolition, elimination, and removal of an existing structure in connection with such construction, provided that actual construction work must be diligently pursued until completion of the building.

1.11.2. Approvals Granted Before Effective Date

Building permits, variances, special use permits, subdivision plans, site plan approvals, and other similar development approvals that are valid on April 30, 2007 will remain valid until their expiration date. Development may be completed in accordance with such approvals even if such building, development or structure does not fully comply with provisions of this Ordinance. If building is not commenced and diligently pursued in the time allowed under the original approval or any extension granted, then the building, development or structure must meet the standards of this Ordinance in effect at the time of re-application.

( Ord. No. UDO-21-01 , § 2, 5-17-21)

1.11.3. Applications in Progress before Effective Date

Applications for building permits, variances, special use permits and other similar development approvals that were submitted in complete form and are pending approval on April 30, 2007 must be reviewed wholly under the terms of the ordinance in effect on April 30, 2007. Any re-application for an expired approval must meet the standards of this Ordinance in effect at the time of re-application.

( Ord. No. UDO-21-01 , § 3, 5-17-21)

1.11.4. Violations Continue

Violations of the previous ordinance will continue to be a violation under this Ordinance and be subject to penalties and enforcement under Section 9.10. The adoption of this Ordinance does not affect nor prevent any pending or future action to abate violations of previous ordinances.

1.11.5. Nonconformities

Nonconformities under the previous ordinance may continue under this Ordinance.

1.11.6. Zoning District Conversions

The zoning map designations in effect on March 16, 2015 are converted as follows:

If any section of specific provisions or standards of these regulations that are hereby established or may exist in the future is found by a court of competent jurisdiction to be invalid for any reason, the decision of the court shall not affect the validity of any other section, provision, standard, or district boundary of these regulations, except the provision in question. The other portions of these regulations not affected by the decision of the court shall remain in full force and effect.

The Planning Director is authorized to make corrections of a purely technical nature to this Ordinance to cure typographical, formatting or other similar errors.

Commentary Sections found throughout this document are intended to aid with clarification and interpretation of Ordinance Provisions. Further, Commentary Sections are not considered text for the purposes of any amendments to the Unified Development Ordinance unless specific Text Amendments are needed to change provisions of Ordinance requirements.