This chapter shall be known and may be cited as the Carolina Shores Unified Development Ordinance.

(Ord. eff. 9-6-2012, § 1.1; Am. Ord. 21-1, passed 9-17-2020)

   (A)   Zoning provisions enacted herein are under the authority of G.S. Chapter 160D, Article 7, Zoning, which extends to towns/cities the authority to enact regulations which promote the health, safety, morals or the general welfare of the community. It authorizes cities to regulate and restrict the erection, construction, reconstruction, alteration, repair or use of buildings, structures or land. This section further authorizes the establishment of overlay districts in which additional regulations may be imposed upon properties that lie within the boundary of the district. The statutes also require that all such regulations shall be uniform for each class or type of building throughout each district, but that the regulations in one district may differ from those in other districts.

   (B)   Subdivision provisions enacted herein are under the authority of G.S. Chapter 160D, Article 8, Subdivision Regulations, which provide for the coordination of streets within proposed subdivisions with existing or planned street and with other public facilities, the dedication or reservation of recreation areas serving residents of the immediate neighborhood within the subdivision, or alternatively, for the provision of funds to be used to acquire recreation areas serving residents of more than one neighborhood in the immediate area, and for the distribution of population and traffic in a manner that will avoid congestion and overcrowding.

(Ord. eff. 9-6-2012, § 1.2; Am. Ord. 21-1, passed 9-17-2020)

   This Unified Development Ordinance and Zoning Map are made in accordance with a Comprehensive Plan and is designed to promote the public health, safety, and general welfare. To that end, these regulations may address, among other things, the following public purposes: to provide adequate light and air; to prevent the overcrowding of land; to avoid undue concentration of population; to lessen congestion in the streets; to secure safety from fire, panic, and dangers; to facilitate the efficient and adequate provision of transportation, water, sewerage, schools, parks and other public requirements; to control development of flood prone areas and regulate stormwater runoff/discharge; to regulate signs; to establish proceedings for the subdivision of land; and to promote the health, safety, morals, or general welfare of the community. The regulations have been made with reasonable consideration, among other things, as to the character of the jurisdiction and its peculiar suitability for particular uses, and with a view to conserving the value of buildings and encouraging the most appropriate use of land throughout the jurisdiction. The regulations may not include, as a basis for denying a zoning or rezoning request from a school, the level of service of a road facility or facilities abutting the school or proximately located to the school.

(Ord. eff. 9-6-2012, § 1.3; Am. Ord. 21-1, passed 9-17-2020)

   (A)   Jurisdiction. 

      (1)   The regulations set forth in this Unified Development Ordinance shall apply to all property within the town limits, extraterritorial jurisdiction and within the various zoning districts as designated on the Official Zoning Map, as established in §§ 91.70 through 91.75, Zoning Districts.

      (2)   Except as hereinafter provided, no building or structure shall be erected, moved, altered or extended, and no land, building or structure or part thereof shall be occupied or used unless in conformity with the regulations specified for the district in which it is located.

   (B)   Exemptions.

      (1)   These regulations shall not apply to any land or structure for which, prior to the effective date hereof, there is a properly approved site-specific plan as required by the requirements previously adopted or previously approved vested rights in accordance with G.S. § 160D-108. Any preliminary or final subdivision plat approvals required for such approved or exempted site-specific plans shall be conducted in accordance with the requirements of the previous Zoning Ordinance or Subdivision Ordinance.

      (2)   In accordance with G.S. § 160D-913, this UDO is applicable to the erection, construction, and use of buildings by the State of North Carolina and its political subdivisions. Notwithstanding the provisions of any general or local law or ordinance, except as provided in G.S. Chapter 160D, Article 9, Part 4, no land owned by the State of North Carolina may be included within an overlay district, or a conditional zoning district without approval of the Council of State or its designee.

      (3)   The following are not included within the definition of a subdivision (as provided in Appendix A), and are not subject to the regulations of this Unified Development Ordinance:

         (a)   The combination or recombination of portions of previously subdivided and recorded lots where the total number of lots is not increased and the resultant lots are equal to or exceed the standards of the municipality as shown on its subdivision regulations;

         (b)   The division of land into parcels greater than ten acres where no street right-of-way dedication is involved;

         (c)   The public acquisition by purchase of strips of land for the widening or opening of streets or for public transportation system corridors; and

         (d)   The division of a tract in single ownership whose entire area is no greater than two acres into not more than three lots, where no street right-of-way dedication is involved and where the resultant lots are equal to or exceed the standards of the municipality, as shown in its subdivision regulations; and

         (e)   The division of a tract into parcels in accordance with the terms of a probated will or in accordance with intestate succession under G.S. Chapter 29.

(Ord. eff. 9-6-2012, § 1.4; Am. Ord. 21-1, passed 9-17-2020)

   (A)   In interpreting and applying the provisions of this Unified Development Ordinance, they shall be held to be the minimum requirements for the promotion of the public safety, health, convenience, prosperity and general welfare. It is not intended by this Unified Development Ordinance to interfere with, abrogate or annul any easements, covenants or other agreements between parties.

   (B)   When the requirements of this UDO, made under the authority of G.S. Chapter 160D, 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 local ordinance or regulation, the regulations made under authority of G.S. Chapter 160D shall govern. When the provisions of any other statute or local ordinance or regulation requires 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 G.S. Chapter 160D, the provisions of that statute or local ordinance or regulation shall govern.

(Ord. eff. 9-6-2012, § 1.5; Am. Ord. 21-1, passed 9-17-2020)

   The Town Building Code with appendices and the North Carolina State Building Code are incorporated herein by reference, and serve as the basis for Building Inspector authority to regulate building construction. This Unified Development Ordinance is not intended to conflict with or supersede the North Carolina State Building Code regulations. In addition, the town’s minimum housing code is also incorporated herein by reference. All quasi-judicial procedures prescribed in §§ 91.50 through 91.57 apply to these codes/ordinances.

(Ord. eff. 9-6-2012, § 1.6; Am. Ord. 21-1, passed 9-17-2020)

   If any section or specific provision or standard of this Unified Development Ordinance or any regulating district boundary arising from it is found by a court 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.

(Ord. eff. 9-6-2012, § 1.7; Am. Ord. 21-1, passed 9-17-2020)

   (A)   Responsibility. In the event that any question arises concerning the application of regulations, performance standards, definitions, development criteria or any other provision of the UDO, the UDO Administrator shall be responsible for interpretation and shall look to the Unified Development Ordinance for guidance. Responsibility for interpretation by the UDO Administrator shall be limited to standards, regulations and requirements of the UDO, but shall not be construed to include interpretation of any technical codes adopted by reference in the UDO, and shall not be construed as overriding the responsibilities given to any commission, board, building inspector or town officials named in other sections or articles of the UDO.

   (B)   Permitted uses.

      (1)   If a use is not specifically listed in any of the districts listed in this Unified Development Ordinance, then the UDO Administrator shall have the authority to interpret in which district the use, if any, should be permitted.

      (2)   If the UDO Administrator rejects a proposal for a use that is not clearly disallowed in a particular district, then the UDO Administrator shall:

         (a)   Ensure that the citizen is provided with a copy of the interpretation in writing;

         (b)   Inform the citizen of the right to appeal the decision to the Board of Adjustment; and

         (c)   Assist with the development of a proposed zoning text change for consideration by the Planning Board and Board of Commissioners allowing policy-makers to determine whether the proposed use should be an allowable use in the district or not. Financial responsibility for a proposed zoning text change shall be on the applicant.

   (C)   Delegation of authority. Unless otherwise specified in the UDO, the identification of certain officials, including the UDO Administrator, Town Administrator, Town Attorney or any other town official to perform a task or carry out a specific responsibility, shall also include the designee of such official.

   (D)   Computation of time.

      (1)   Unless otherwise specifically provided, the time within which an act is to be done shall be computed by excluding the first and including the last day. If the last day is a Saturday, Sunday or legal holiday, that day shall be excluded. When the period of time prescribed is less than seven days, intermediate Saturdays, Sundays and holidays shall be excluded.

      (2)   Unless otherwise specifically provided, whenever a person has the right or is required to do some act within a prescribed period after the service of a notice and the notice or paper is served by mail (certified mail/return receipt requested), three days shall be added to the prescribed period.

(Ord. eff. 9-6-2012, § 1.8; Am. Ord. 21-1, passed 9-17-2020)

   (A)   The Zoning Map shall be identified by the signature of the Mayor attested by the Town Clerk and bearing the seal of the town under the following words: “This is to certify that this is the Official Zoning Map of the Unified Development Ordinance, Carolina Shores, North Carolina,” together with the date of the adoption of this Unified Development Ordinance and most recent revision date.

   (B)   If, in accordance with the provisions of this Unified Development Ordinance, changes are made in district boundaries or other items portrayed on the Zoning Map, such changes shall be entered on the Official Zoning Map promptly after the amendment has been approved by the Board of Commissioners, with an entry on the Official Zoning Map denoting the date of amendment, description of amendment and signed by the Town Clerk. No amendment to this Unified Development Ordinance which involves matter portrayed on the Official Zoning Map shall become effective until after such change and entry has been made on said Map.

   (C)   No changes of any nature shall be made in the Official Zoning Map or matter shown thereon except in conformity with the procedures set forth in this Unified Development Ordinance and state law. Any unauthorized change of whatever kind by any person shall be considered a violation of this Unified Development Ordinance and punishable as provided under § 91.14.

   (D)   Regardless of the existence of purported copies of the Official Zoning Map which may from time to time be made or published, the Official Zoning Map, which shall be located in the office of the Town Clerk, shall be the final authority as to the zoning status of land and water areas, buildings and other structures in the town.

   (E)   In the event the Official Zoning Map becomes damaged, destroyed, lost or difficult to interpret, the Board of Commissioners may by resolution adopt a new Official Zoning Map which shall supersede the prior zoning map. The new Official Zoning Map may correct drafting errors or other errors or omissions in the prior Official Zoning Map, but no correction shall have the effect of amending the original Official Zoning Map, or any subsequent amendment thereof. The new Official Zoning Map shall be identified by the signature of the Mayor attested by the Town Clerk, and bearing the seal of the town under the following words: “This is to certify that this Official Zoning Map supersedes and replaces the Official Zoning Map adopted (date of adoption of map being replaced), as part of the Unified Development Ordinance, Carolina Shores, North Carolina.”

   (F)   Unless the prior Official Zoning Map has been lost, or has been totally destroyed, the prior map or any significant parts thereof remaining, shall be preserved together with all available records pertaining to its adoption or amendment.

   (G)   Duly adopted zoning district maps shall be maintained for public inspection in the office of the Town Clerk. Current and prior zoning maps may be maintained in paper or a digital format approved by the town.

   (H)   This chapter may reference or incorporate by reference flood insurance rate maps, watershed boundary maps, or other maps officially adopted or promulgated by state and federal agencies. Where zoning district boundaries are based on these maps, said boundaries are automatically amended to remain consistent with changes in the officially promulgated state or federal maps. A copy of the currently effective version of any incorporated maps shall be maintained for public inspection as provided in division (G).

(Ord. eff. 9-6-2012, § 1.9; Am. Ord. 21-1, passed 9-17-2020)

   Where uncertainty exists with respect to the boundaries of any district shown on the Zoning Map, the following rules shall apply:

   (A)   Use of property lines. Where district boundaries are indicated as approximately following street lines, alley lines and lot lines, such lines shall be construed to be such boundaries. Where streets, highways, railroads, watercourses and similar areas with width are indicated as the district boundary, the actual district boundary line shall be the centerline of such area.

   (B)   Use of the scale. In unsubdivided property or where a zone boundary divides a lot, the location of such boundary, unless the same is indicated by dimensions shall be determined by use of the scale appearing on the Map.

   (C)   Vacated or abandoned streets. Where any street or alley is hereafter officially vacated or abandoned, the zoning regulations applicable to each parcel of abutting property shall apply to the centerline of such abandoned street or alley.

   (D)   Board of Adjustment. In case any further uncertainty exists, the Board of Adjustment shall interpret the intent of the Map as to location of such boundaries.

(Ord. eff. 9-6-2012, § 1.10; Am. Ord. 21-1, passed 9-17-2020)

      (1)   Issues and opportunities facing the town, including consideration of trends, values expressed by citizens, community vision, and guiding principles for growth and development.

      (2)   The pattern of desired growth and development and civic design, including the location, distribution, and characteristics of future land uses, urban form, utilities, and transportation networks.

      (3)   Employment opportunities, economic development, and community development.

      (4)   Acceptable levels of public services and infrastructure to support development, including water, waste disposal, utilities, emergency services, transportation, education, recreation, community facilities, and other public services, including plans and policies for provision of and financing for public infrastructure.

      (5)   Housing with a range of types and affordability to accommodate persons and households of all types and income levels.

      (6)   Recreation and open spaces.

      (7)   Mitigation of natural hazards such as flooding, winds, wildfires, and unstable lands.

      (8)   Protection of the environment and natural resources, including agricultural resources, mineral resources, and water and air quality.

      (9)   Protection of significant architectural, scenic, cultural, historical, or archaeological resources.

      (10)   Analysis and evaluation of implementation measures, including regulations, public investments, and educational programs.

      (2)   If a plan is deemed amended by § 91.50(E) by virtue of adoption of a zoning amendment that is inconsistent with the plan, that amendment shall be noted in the plan. However, if the plan is one that requires review and approval subject to G.S. 113A-110, the plan amendment shall not be effective until that review and approval is completed.

(Ord. 21-1, passed 9-17-2020)

   Unless provided otherwise by law, all rights, privileges, benefits, burdens, and obligations created by development approval made pursuant to this chapter attach to and run with the land.

(Ord. 21-1, passed 9-17-2020)

   If the town is found to have illegally imposed a tax, fee, or monetary contribution for development or a development approval not specifically authorized by law, the town shall return the tax, fee, or monetary contribution plus interest of 6% per annum to the person who made the payment or as directed by a court if the person making the payment is no longer in existence.

(Ord. 21-1, passed 9-17-2020)

   (B)   Stop work orders. Whenever any work or activity subject to regulation pursuant to this chapter or other applicable local development regulation or any state law delegated to the town for enforcement purposes in lieu of the state is undertaken in substantial violation of any state or local law, or in a manner that endangers life or property, staff may order the specific part of the work or activity that is in violation or presents such a hazard to be immediately stopped. The order shall be in writing, directed to the person doing the work or activity, and shall state the specific work or activity to be stopped, the reasons therefor, and the conditions under which the work or activity may be resumed. A copy of the order shall be delivered to the holder of the development approval and to the owner of the property involved (if that person is not the holder of the development approval) by personal delivery, electronic delivery, or first-class mail. The person or persons delivering the stop work order shall certify to the town that the order was delivered, and that certificate shall be deemed conclusive in the absence of fraud. Except as provided by G.S. § 160D-1112 and § 160D-1208, a stop work order may be appealed pursuant to § 91.54(A). No further work or activity shall take place in violation of a stop work order pending a ruling on the appeal. Violation of a stop work order shall constitute a Class 1 misdemeanor.

      (1)   Any development regulation adopted pursuant to G.S. Chapter 160D may be enforced by any remedy provided in G.S. § 160A-175. If a building or structure is erected, constructed, reconstructed, altered, repaired, converted, or maintained, or any building, structure, or land is used or developed in violation of this UDO or of any development regulation or other regulation made under authority of G.S. Chapter 160D, the town, in addition to other remedies, may institute any appropriate action or proceedings to prevent the unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance, use, or development; to restrain, correct, or abate the violation; to prevent any illegal act, conduct, business, or use in or about the premises.

      (2)   When a development regulation adopted pursuant to authority conferred by G.S. Chapter 160D is to be applied or enforced in any area outside the planning and development regulation jurisdiction of the town, the town and the property owner shall certify that the application or enforcement of the town that the town’s development approval would be withheld without the application of the town. The certification may be evidenced by a signed statement of the parties on any development approval.

      (3)   In case any building, structure, site, area, or object designated as a historic landmark or located within a historic district designated by the town is about to be demolished whether as the result of deliberate neglect or otherwise, materially altered, remodeled, removed, or destroyed, except in compliance with the UDO, the town, the historic preservation commission, or other party aggrieved by such action may institute any appropriate action or proceedings to prevent such unlawful demolition, destruction, material alteration, remodeling, or removal, to restrain, correct, or abate such violation, or to prevent any illegal act or conduct with respect to such building, structure, site, area, or object. Such remedies shall be in addition to any others authorized by this UDO for violation of this chapter.

(Ord. 21-1, passed 9-17-2020)

   These regulations shall become effective on September 6, 2012.

(Ord. eff. 9-6-2012, § 1.13; Am. Ord. 21-1, passed 9-17-2020)

   The following general regulations of this subchapter shall apply in all situations unless otherwise indicated.

(Ord. eff. 9-6-2012, § 2.1; Am. Ord. 21-1, passed 9-17-2020)

   No yard or lot existing at the time of passage of this Unified Development Ordinance shall be reduced in size or area below the minimum requirements set forth herein. Yards or lots created after the effective date of this Unified Development Ordinance shall meet at least these minimum requirements.

(Ord. eff. 9-6-2012, § 2.2; Am. Ord. 21-1, passed 9-17-2020)

   No building shall be erected on a lot which does not abut a street or have access to a public right-of- way. A building(s) may be erected adjoining a parking area or dedicated open space which has access to a street used in common with other lots.

(Ord. eff. 9-6-2012, § 2.3; Am. Ord. 21-1, passed 9-17-2020)

   Every building hereafter erected, moved or structurally altered, shall be located on a lot and in no case shall there be more than one principal building and its customary accessory buildings on the lot except in the case of a designed complex of professional, residential or commercial buildings in an appropriate zoning district, i.e., school campus, apartments, condominiums, shopping center and industrial park. Detached garages and carports must meet the same setback requirements as the principal building, just as if they were attached.

(Ord. eff. 9-6-2012, § 2.4; Am. Ord. 21-1, passed 9-17-2020)

   The minimum yards or other open spaces required by this Unified Development Ordinance for each and every building shall not be encroached upon or considered as meeting the yard and open space requirements of any other building.

(Ord. eff. 9-6-2012, § 2.5; Am. Ord. 21-1, passed 9-17-2020)

   (A)   Insofar as practical, side lot lines which are not right-of-way lines shall be at right angles to straight street lines or radial to curved street lines.

   (B)   Every lot shall have sufficient area, dimensions and street access to permit a principal building to be erected thereon in compliance with all lot size and dimensions, yard space, setback and other requirements of this Unified Development Ordinance.

   (C)   The location of required front, side and rear yards on irregularly shaped lots shall be determined by the UDO Administrator. The determination will be based on the spirit and intent of this Unified Development Ordinance to achieve an appropriate spacing and location of buildings and structures on individual lots.

(Ord. eff. 9-6-2012, § 2.6; Am. Ord. 21-1, passed 9-17-2020)

   (A)   The land adjoining a street intersection or egress to a street from off-street parking areas shall be kept clear of obstructions to protect the visibility and safety of motorists and pedestrians.

   (B)   On a corner lot, nothing shall be erected, placed or allowed to grow in a manner so as materially to impede vision between a height of three feet and ten feet in a triangular area formed by a diagonal line between two points on the right-of-way lines, 20 feet from where they intersect.

   (C)   A clear view shall be maintained on corner lots from three to ten feet in vertical distance.

(Ord. eff. 9-6-2012, § 2.7; Am. Ord. 21-1, passed 9-17-2020)

   (A)   Subject to §§ 91.110 through 91.116 of this Unified Development Ordinance (Nonconforming Situations), no person may use, occupy or sell any land or buildings or authorize or permit the use, occupancy or sale of land or buildings under his or her control except in accordance with all of the applicable provisions of this Unified Development Ordinance.

   (B)   For purposes of this section, the USE or OCCUPANCY of a building or land relates to anything and everything that is done to, on or in that building or land.

(Ord. eff. 9-6-2012, § 2.8; Am. Ord. 21-1, passed 9-17-2020)

   Church steeples, chimneys, belfries, water tanks or towers, fire towers, flag poles, spires, wireless and broadcasting towers, monuments, cupolas, domes, antennas (except satellite dish antennas) and similar structures and necessary mechanical appurtenances are not subject to the height limit regulations contained in this Unified Development Ordinance.

(Ord. eff. 9-6-2012, § 2.9; Am. Ord. 21-1, passed 9-17-2020)

   All lots not served by public or community sewer and/or water shall meet the minimum lot size requirements established by the Brunswick County Health Department.

(Ord. eff. 9-6-2012, § 2.10; Am. Ord. 21-1, passed 9-17-2020)

   Any property dedicated for private ownership, including, but not limited to, property owners’ association ownership, for any use permitted by this Unified Development Ordinance is not the maintenance responsibility of the town.

(Ord. eff. 9-6-2012, § 2.11; Am. Ord. 21-1, passed 9-17-2020)

   (A)   No temporary building will be constructed in the town zoning jurisdiction for commercial or residential use.

   (B)   However, temporary buildings may be authorized upon issuance of a temporary certificate of occupancy by the Building Inspector under the following circumstances:

      (1)   As a facility for use as a sales office during development of a subdivision. Such, however, must be located on the property of the subdivision;

      (2)   As a construction site office, storage area; provided, however, such is located on the construction site and is not used for residential purposes;

      (3)   As a site for temporary residence under circumstances where a residence has been destroyed by fire or an act of God; provided, however, that there is clear intent to rebuild the destroyed property in compliance with §§ 91.110 through 91.116, Nonconforming Situations. Such, however, does not include use of a temporary residence during the initial development of a residential property; and

      (4)   As a temporary facility in connection with town activities or other civic uses which shall be authorized by the UDO Administrator.

(Ord. eff. 9-6-2012, § 2.12; Am. Ord. 21-1, passed 9-17-2020)

   No manufactured home or trailer shall be used in any manner for business or commercial purposes except when used for a sales office on a manufactured home sales lot or when used as a temporary use in accordance with the following requirements:

   (A)   Mobile offices.

      (1)   Mobile offices may be used on a temporary basis for such purposes as construction offices, blood mobiles, book mobiles and traveling museums. However, such uses must obtain a temporary occupancy permit from the UDO Administrator for UDO compliance if the use is to last more than 48 hours at one site.

      (2)   Mobile offices may also be used for other office or business purposes in cases where the permanent structure has been destroyed through no fault of the owner or tenant. A temporary occupancy permit must be obtained before the use of the mobile office is initiated. This occupancy permit shall be valid for a specified period of time while reconstruction takes place not to exceed six months and may be renewed no more than once.

   (B)   Manufactured homes. Temporary use of a manufactured home as a residence shall be permitted in any residential district in cases where the permanent home has been destroyed through no fault of the owner or tenant. A temporary occupancy permit must be obtained from the UDO Administrator for UDO compliance before the use of the manufactured home is initiated. This occupancy permit shall be valid for a specified period of time not to exceed six months while reconstruction takes place and may be renewed no more than once.

(Ord. eff. 9-6-2012, § 2.13; Am. Ord. 21-1, passed 9-17-2020)

   No person shall construct, reconstruct or repair any driveway within the town right-of-way without first obtaining from the UDO Administrator a zoning permit to do so. Such person shall construct, reconstruct and repair such driveway under the supervision of the UDO Administrator, and in accordance with town standards. All driveway improvements constructed in a public right-of-way are the responsibility of the adjacent property owner(s). The town may remove or alter such improvements at its discretion. Minor repairs, such as sealing and patching of cracks, may be exempted by the UDO Administrator.

(Ord. eff. 9-6-2012, § 2.14; Am. Ord. 21-1, passed 9-17-2020)

   (A)   Reasonable fees sufficient to cover the costs of administration, inspection, publication of notice and similar matters may be charged to applicants for all permits issued under this Unified Development Ordinance, subdivision plat approval, site plan approval, zoning amendments, variances, changes to Unified Development Ordinance text and map, and other administrative relief. The amount of the fees charged shall be as set forth in the town’s budget or as established by resolution of the Board of Commissioners filed in the office of the Town Clerk.

   (B)   Fees established in accordance with division (A) above shall be paid upon submission of a signed application or notice of appeal.

(Ord. eff. 9-6-2012, § 2.15; Am. Ord. 21-1, passed 9-17-2020)

   If a parcel of land lies within the planning and development regulation jurisdiction of more than one local government, the Town of Carolina Shores and Brunswick County may by mutual agreement and with the written consent of the landowner assign exclusive planning and development regulation jurisdiction for the entire parcel to either the town or the county. Such a mutual agreement shall only be applicable to development regulations and shall not affect taxation or other non-regulatory matters. The mutual agreement shall be evidenced by a resolution formally adopted by each governing board and recorded with the Brunswick County register of deeds within 14 days of the adoption of the last required resolution.

(Ord. 21-1, passed 9-17-2020)

   After consideration of a change in local government jurisdiction has been formally proposed, the local government that is potentially receiving jurisdiction may receive and process proposals to adopt development regulations and any application for development approvals that would be required in that local government if the jurisdiction is changed. No final decisions shall be made on any development approval prior to the actual transfer of jurisdiction. Acceptance of jurisdiction, adoption of development regulations, and decisions on development approvals may be made concurrently and may have a common effective date.

(Ord. 21-1, passed 9-17-2020)

      (1)   In lieu of joint staff, the Board of Commissioners may designate staff from any other city or county to serve as a member of its staff with the approval of the Board of the other city or county. A staff member, if designated from another city or county under this section, shall, while exercising the duties of the position, be considered an agent of the town. The Board of Commissioners may request the governing board of the second local government to direct one or more of the second local government’s staff members to exercise their powers within part or all of the town’s jurisdiction, and they shall thereupon be empowered to do so until the town officially withdraws its request in the manner provided in G.S. § 160D-202.

      (2)   The town may contract with an individual, company, council of governments, regional planning agency, metropolitan planning organization, or rural planning agency to designate an individual who is not a city or county employee to work under the supervision of the local government to exercise the functions authorized by this section. The town shall have the same potential liability, if any, for inspections conducted by an individual who is not an employee of the town as it does for an individual who is an employee of the town. The company or individual with whom the town contract shall have errors and omissions and other insurance coverage acceptable to the town.

   (D)   Financial support. The town may appropriate for the support of the staff for any funds that it deems necessary. It shall have the power to fix reasonable fees for support, administration, and implementation of programs authorized by this chapter and all such fees shall be used for no other purposes. When an inspection, for which the permit holder has paid a fee to the town, is performed by a marketplace pool code-enforcement official upon request of the Insurance Commissioner under G.S. § 143-151.12(9)a, the town shall promptly return to the permit holder the fee collected by the town for such inspection. This applies to the following inspections: plumbing, electrical systems, general building restrictions and regulations, heating and air-conditioning, and the general construction of buildings.

(Ord. 21-1, passed 9-17-2020)

      (1)   The Planning Board shall elect a Chairperson and a Vice-Chairperson, and create and fill such other offices as it may deem necessary.

      (2)   The term of the Chairperson and other offices shall be one year, with eligibility for re-election. The election shall be held the first regular meeting in January, or as soon thereafter as possible.

      (4)   A record shall be maintained of its members’ attendance and of its resolutions, discussions, findings and recommendations which shall be a public record.

      (5)   The Planning Board shall hold publicly-advertised meetings as necessary to conduct business, and all of its meetings shall be open to the public.

      (6)   Majority of the sitting members of the Planning Board shall constitute a quorum for taking any official action.

      (7)   To recommend to the Board of Commissioners the approval or disapproval of major site plans and major subdivisions in accordance with § 91.64.

      (1)   Prepare, review, maintain, monitor, and periodically update and recommend to the Board of Commissioners and such other plans as deemed appropriate, and conduct ongoing related research, data collection, mapping, and analysis.

      (2)   Facilitate and coordinate citizen engagement and participation in the planning process.

      (3)   Develop and recommend policies, ordinances, development regulations, administrative procedures, and other means for carrying out plans in a coordinated and efficient manner.

      (4)   To approve major site plans and major subdivisions in accordance with § 91.64.

      (5)   Advise the Board of Commissioners concerning the implementation of plans, including, but not limited to, review and comment on all zoning text and map amendments as required by G.S. § 160D-604.

      (6)   Perform any other duties that the Board of Commissioners may lawfully assign to it.

      (7)   In order to effectively carry out its powers and duties, the Planning Board is empowered to:

         (a)   With prior approval of the Board of Commissioners, gather statistics on past trends and present conditions with respect to population, property values, the economic base of the area and land use; and such other information as is important or likely to be important in determining the amount, direction and kind of development within the town’s jurisdiction and its various parts;

         (b)   With prior approval by the Board of Commissioners, make, cause to be made, or obtain special studies on the location, the condition and the adequacy of specific facilities, which may include, but are not limited to, studies of housing; commercial and industrial facilities; recreation area; public facilities; and traffic and parking facilities; and

         (c)   Develop committees comprised of Planning Board members dedicated to participating in any areas of study, ordinance development, or for any other specific purpose within the Planning Board’s jurisdiction. Such committees shall be responsible to the Planning Board and shall be advisory in nature. The development/appointment of any other committees will require prior approval by the Board of Commissioners.

(Ord. eff. 9-6-2012, § 3.3; Am. Ord. 15-2, passed 3-5-2015; Am. Ord. 21-1, passed 9-17-2020)

   (A)   Membership. The Board of Adjustment shall consist of five members (also concurrent members of the Planning Board) and two alternates. Four members and the alternates shall be residents of the town and shall be appointed by the Town Board of Commissioners; provided, however, one of the alternates may reside in the extraterritorial jurisdiction (ETJ). One member shall be appointed by the County Board of Commissioners and shall be a resident of the ETJ. The county representation must be proportional based on the population for residents of the ETJ area. The population estimates for this calculation must be updated following each decennial census. The initial terms for members appointed by the Town Board of Commissioners shall be three years for two members and the two alternates, and two years for the remaining two members. The term of the member appointed by the County Commissioners shall also be three years. All terms shall be three years thereafter. All members of the Board of Adjustment, and alternates (when sitting in the absence of a member), shall have equal voting rights in all matters being considered by the Board of Adjustment. Members of the Board of Adjustment and alternates serving at the time of adoption of this Unified Development Ordinance shall continue in office until such time as the terms of their office expire or action is taken to remove as described in division (A)(2) below. Vacancies occurring for reasons other than expiration of terms shall be filled by the Board of Commissioners (in the case of the ETJ member, by the County Board of Commissioners), as such may occur and for the period of the unexpired term. All appointed members shall, before entering their duties, qualify by taking an oath of office.

      (2)   To make interpretations of the Official Zoning Map and to pass upon disputed questions of lot lines or district boundary lines and similar questions as arise in the administration of the Unified Development Ordinance; and

      (3)   Any other matter the Board is required to act upon by any other city ordinance.

      (1)   The factual evidence presented to the Board of Adjustment by all parties concerned;

      (2)   The findings of fact and the reasons for the determinations by the Board of Adjustment; and

      (3)   The vote of each member, or if absent or failing to vote, indicating such fact, all of which shall be public record and be filed with the office of the Town Clerk.

(Ord. eff. 9-6-2012, § 3.4; Am. Ord. 21-1, passed 9-17-2020)

      (1)   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 this chapter.

      (2)   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. No staff member or other individual or an employee of a company contracting with the town 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.

(Ord. 21-1, passed 9-17-2020)

      (2)   A development regulation adopted pursuant to G.S. Chapter 160D shall be adopted by ordinance.

      (3)   No amendment to zoning regulations or a zoning map that down-zones property shall be initiated shall it be enforceable without the written consent of all property owners whose property is the subject of the down-zoning amendment, unless the down-zoning amendment is initiated by the town.

      (C)   Citizen comments. Subject to the limitations of this chapter, zoning regulations may from time to time be amended, supplemented, changed, modified, or repealed. If any resident or property owner in the town submits a written statement regarding a proposed amendment, modification, or repeal to a zoning regulation, including a text or map amendment, to the Town Clerk at least two business days prior to the proposed vote on such change, the Town Clerk shall deliver such written statement to the Board of Commissioners. If the proposed change is the subject of a quasi-judicial proceeding under G.S. § 160D-705 or any other statute, the Town Clerk shall provide only the names and addresses of the individuals providing written comment, and the provision of such names and addresses to all members of the Board shall not disqualify any member of the Board from voting.

      (3)   Plan consistency. When conducting a review of proposed zoning text or map amendments pursuant to this section, the Planning Board shall advise and comment on whether the proposed action is consistent with any comprehensive plan that has been adopted and any other officially adopted plan that is applicable. The Planning Board shall provide a written recommendation to the Board of Commissioners that addresses plan consistency and other matters as deemed appropriate by the Planning Board, but a comment by the Planning Board that a proposed amendment is inconsistent with the comprehensive plan shall not preclude consideration or approval of the proposed amendment by the Board of Commissioners. If a zoning map amendment qualifies as a “large-scale rezoning” under G.S. § 160D-602(b), the Planning Board statement describing plan consistency may address the overall rezoning and describe how the analysis and policies in the relevant adopted plans were considered in the recommendations made.

(Ord. eff. 9-6-2012, § 4.1; Am. Ord. 16-1, passed 4-7-2016; Am. Ord. 21-1, passed 9-17-2020)

   In accordance with G.S. § 160D-107, the town may adopt temporary moratoria on any development approval required by law, except for the purpose of developing and adopting new or amended plans or development regulations governing residential uses. The duration of any moratorium shall be reasonable in light of the specific conditions that warrant imposition of the moratorium and may not exceed the period of time necessary to correct, modify, or resolve such conditions.

(Ord. eff. 9-6-2012, § 4.3; Am. Ord. 21-1, passed 9-17-2020)

         (a)   Duration. A vested right for a site-specific vesting plan shall remain vested for a period of two years. This vesting shall not be extended by any amendments or modifications to a site-specific vesting plan unless expressly provided by the town. The town may provide that rights regarding a site specific vesting plan shall be vested for a period exceeding two years, but not exceeding five years if warranted by the size and phasing of development, the level of investment, the need for the development, economic cycles, and market conditions or other considerations. This determination shall be made in the discretion of the town and shall be made following the process specified by division (D)(3) below for the particular form of a site-specific vesting plan involved.

         (c)   Requirements for site specific vesting plans. For the purposes of this section, a "site-specific vesting plan" means a plan submitted to the town describing with reasonable certainty the type and intensity of use for a specific parcel or parcels of property. The plan may be in the form of, but not be limited to, any of the following plans or approvals: a planned unit development plan, a subdivision plat, a site plan, a preliminary or general development plan, a special use permit, a conditional zoning, or any other development approval as may be used by the town. Unless otherwise expressly provided by the town, the plan shall include the approximate boundaries of the site; significant topographical and other natural features effecting development of the site; the approximate location on the site of the proposed buildings, structures, and other improvements; the approximate dimensions, including height, of the proposed buildings and other structures; and the approximate location of all existing and proposed infrastructure on the site, including water, sewer, roads, and pedestrian walkways. The Town of Carolina Shores uses existing development approvals, such as a preliminary plat, a special use permit, or a conditional zoning, to approve a site-specific vesting plan. A variance shall not constitute a "site specific vesting plan," and approval of a site-specific vesting plan with the condition that a variance be obtained shall not confer a vested right unless and until the necessary variance is obtained. If a sketch plan or other document fails to describe with reasonable certainty the type and intensity of use for a specified parcel or parcels of property, it may not constitute a site-specific vesting plan.

      (1)   A vested right, once established as provided for by divisions (C) or (D) of § 91.52, precludes any zoning action by a local government that would change, alter, impair prevent, diminish, or otherwise delay the development or use of the property as set forth in an approved vested right, except:

         (a)   With the written consent of the affected landowner;

         (b)   Upon findings, after notice and an evidentiary hearing, that natural or man-made hazards on or in the immediate vicinity of the property, if uncorrected, would pose a serious threat to the public health, and safety, and welfare if the project were to proceed as contemplated in the approved vested right;

         (c)   To the extent that the affected landowner receives compensation for all costs, expenses, and other losses incurred by the landowner, including, but not limited to, all fees paid in consideration of financing, and all architectural, planning, marketing, legal, and other consultant's fees incurred after approval by the town, together with interest as is provided in § 91.13. Compensation shall not include any diminution in the value of the property that is caused by such action;

         (d)   Upon findings, after notice and an evidentiary hearing, that the landowner or his representative intentionally supplied inaccurate information or made material misrepresentations that made a difference in the approval by the town of the vested right; or

         (e)   Upon the enactment or promulgation of a state or federal law or regulation that precludes development as contemplated in the approved vested right, in which case the town may modify the affected provisions, upon a finding that the change in state or federal law has a fundamental effect on the plan, after notice and an evidentiary hearing.

      (2)   The establishment of a vested right under divisions (C) or (D) of § 91.52, shall not preclude the application of overlay zoning or other development regulation that imposes additional requirements but does not affect the allowable type or intensity of use, or ordinances or regulations that are general in nature and are applicable to all property subject to development regulation by the town including, but not limited to, building, fire, plumbing, electrical, and mechanical codes. Otherwise applicable new regulations shall become effective with respect to property that is subject to a vested right established under this section upon the expiration or termination of the vested rights period provided for in this section.

      (3)   Notwithstanding any provision of this section, the establishment of a vested right under this section shall not preclude, change or impair the authority of the town to adopt and enforce development regulation provisions governing nonconforming situations or uses.

      (1)   A vested right obtained under this section is not a personal right, but shall attach to and run with the applicable property. After approval of a vested right under this section, all successors to the original landowner shall be entitled to exercise such rights.

      (2)   Nothing in this section shall preclude judicial determination, based on common law principles or other statutory provisions, that a vested right exists in a particular case or that a compensable taking has occurred. Except as expressly provided in this section, nothing in this section shall be construed to alter the existing common law.

(Ord. 21-1, passed 9-17-2020)

      (1)   In accordance with G.S. § 160D-1002, the Town of Carolina Shores finds:

         (a)   Development projects often occur in multiple phases over several years, requiring a long-term commitment of both public and private resources.

         (b)   Such developments often create community impacts and opportunities that are difficult to accommodate within traditional zoning processes.

         (c)   Because of their scale and duration, such projects often require careful coordination of public capital facilities planning, financing, and construction schedules and phasing of the private development.

         (d)   Such projects involve substantial commitments of private capital which developers are usually unwilling to risk without sufficient assurances that development standards will remain stable through the extended period of the development.

         (e)   Such developments often permit communities and developers to experiment with different or nontraditional types of development concepts and standards, while still managing impacts on the surrounding areas.

         (f)   To better structure and manage development approvals for such developments and ensure their proper integration into local capital facilities programs, the town needs flexibility to negotiate such developments.

      (2)   The town may enter into development agreements with developers, subject to the procedures of this section. In entering into such agreements, the town may not exercise any authority or make any commitment not authorized by general or local act and may not impose any tax or fee not authorized by otherwise applicable law.

      (3)   This section is supplemental to the powers conferred upon the town and does not preclude or supersede rights and obligations established pursuant to other law regarding development approvals, site-specific vesting plans, phased vesting plans, or other provisions of law. A development agreement shall not exempt the property owner or developer from compliance with the state Building Code or State or local housing codes that are not part of the town's development regulations. When the Board of Commissioners approves the rezoning of any property associated with a development agreement executed and recorded pursuant to this section, the provisions of § 91.50(E) apply.

      (4)   Development authorized by a development agreement shall comply with all applicable laws, including all ordinances, resolutions, regulations, permits, policies, and laws affecting the development of property, including laws governing permitted uses of the property, density, intensity, design, and improvements.

      (1)   The Town of Carolina Shores may establish procedures and requirements, as provided in this division, to consider and enter into development agreements with developers. A development agreement must be approved by the Board of Commissioners following the procedures specified in division (E).

      (2)   The development agreement may, by ordinance, be incorporated, in whole or in part, into any development regulation adopted by the town. A development agreement may be considered concurrently with a zoning map or text amendment affecting the property and development subject to the development agreement. A development agreement may be concurrently considered with and incorporated by reference with a sketch plan or preliminary plat required under a subdivision regulation or a site plan or other development approval required under a zoning regulation. If incorporated into a conditional district, the provisions of the development agreement shall be treated as a development regulation in the event of the developer's bankruptcy.

      (1)   A development agreement shall, at a minimum, include all of the following:

         (a)   A description of the property subject to the agreement and the names of its legal and equitable property owners.

         (b)   The duration of the agreement. However, the parties are not precluded from entering into subsequent development agreements that may extend the original duration period.

         (c)   The development uses permitted on the property, including population densities and building types, intensities, placement on the site, and design.

         (d)   A description of public facilities that will serve the development, including who provides the facilities, the date any new public facilities, if needed, will be constructed, and a schedule to assure public facilities are available concurrent with the impacts of the development. In the event that the development agreement provides that the town shall provide certain public facilities, the development agreement shall provide that the delivery date of such public facilities will be tied to successful performance by the developer in implementing the proposed development, such as meeting defined completion percentages or other performance standards.

         (e)   A description, where appropriate, of any reservation or dedication of land for public purposes and any provisions agreed to by the developer that exceed existing laws related to protection of environmentally sensitive property.

         (f)   A description, where appropriate, of any conditions, terms, restrictions, or other requirements for the protection of public health, safety, or welfare.

         (g)   A description, where appropriate, of any provisions for the preservation and restoration of historic structures.

      (2)   A development agreement may also provide that the entire development or any phase of it be commenced or completed within a specified period of time. If required by ordinance or in the agreement, the development agreement shall provide a development schedule, including commencement dates and interim completion dates at no greater than five-year intervals; provided, however, the failure to meet a commencement or completion date shall not, in and of itself, constitute a material breach of the development agreement pursuant to division (H) but must be judged based upon the totality of the circumstances. The developer may request a modification in the dates as set forth in the agreement.

      (3)   If more than one local government is made party to an agreement, the agreement must specify which local government is responsible for the overall administration of the development agreement. A local or regional utility authority may also be made a party to the development agreement.

      (4)   The development agreement also may cover any other matter, including defined performance standards, not inconsistent with this chapter. The development agreement may include mutually acceptable terms regarding provision of public facilities and other amenities and the allocation of financial responsibility for their provision, provided any impact mitigation measures offered by the developer beyond those that could be required by the local government pursuant to G.S. § 160D-804 shall be expressly enumerated within the agreement, and provided the agreement may not include a tax or impact fee not otherwise authorized by law.

      (5)   Consideration of a proposed major modification of the agreement shall follow the same procedures as required for initial approval of a development agreement. What changes constitute a major modification may be determined by ordinance adopted pursuant to subsection (C) or as provided for in the development agreement.

      (6)   Any performance guarantees under the development agreement shall comply with § 91.67(E)(4).

      (1)   Unless the development agreement specifically provides for the application of subsequently enacted laws, the laws applicable to development of the property subject to a development agreement are those in force at the time of execution of the agreement.

      (2)   Except for grounds specified in division (H)(5), the town may not apply subsequently adopted ordinances or development policies to a development that is subject to a development agreement.

      (3)   In the event state or federal law is changed after a development agreement has been entered into and the change prevents or precludes compliance with one or more provisions of the development agreement, the town may modify the affected provisions, upon a finding that the change in state or federal law has a fundamental effect on the development agreement.

      (4)   This section does not abrogate any vested rights otherwise preserved by law.

      (1)   Procedures established pursuant to division (C) may require periodic review by the UDO Administrator or other appropriate officer of the town, at which time the developer shall demonstrate good-faith compliance with the terms of the development agreement.

      (2)   If the town finds and determines that the developer has committed a material breach of the agreement, the town shall notify the developer in writing setting forth with reasonable particularity the nature of the breach and the evidence supporting the finding and determination and providing the developer a reasonable time in which to cure the material breach.

      (3)   If the developer fails to cure the material breach within the time given, then the town unilaterally may terminate or modify the development agreement, provided the notice of termination or modification may be appealed to the Board of Adjustment in the manner provided by § 91.54(A).

      (4)   An ordinance adopted pursuant to division (C) or the development agreement may specify other penalties for breach in lieu of termination, including, but not limited to, penalties allowed for violation of a development regulation. Nothing in this chapter shall be construed to abrogate or impair the power of the town to enforce applicable law.

      (5)   A development agreement shall be enforceable by any party to the agreement notwithstanding any changes in the development regulations made subsequent to the effective date of the development agreement. Any party to the agreement may file an action for injunctive relief to enforce the terms of a development agreement.

      (1)   Except as otherwise provided by this chapter, any development agreement entered into by the town before the effective date of a change of jurisdiction shall be valid for the duration of the agreement or eight years from the effective date of the change in jurisdiction, whichever is earlier. The parties to the development agreement and the town assuming jurisdiction have the same rights and obligations with respect to each other regarding matters addressed in the development agreement as if the property had remained in the previous jurisdiction.

      (2)   The town, in assuming jurisdiction, may modify or suspend the provisions of the development agreement if the town determines that the failure of the town to do so would place the residents of the territory subject to the development agreement or the residents of the town, or both, in a condition dangerous to their health or safety, or both.

(Ord. 21-1, passed 9-17-2020)

      (4)   Time to appeal. The owner or other party shall have 30 days from receipt of the written notice of the determination within which to file an appeal. Any other person with standing to appeal shall have 30 days from receipt from any source of actual or constructive notice of the determination within which to file an appeal. In the absence of evidence to the contrary, notice pursuant to G.S. § 160D-403(b) given by first class mail shall be deemed received on the third business day following deposit of the notice for mailing with the United States Postal Service.

      (1)   An application for a variance shall be submitted to the Board of Adjustment by filing a copy of the application with the UDO Administrator. Applications shall be handled in the same manner as applications for development approvals.

      (2)   When unnecessary hardships would result from carrying out the strict letter of the Unified Development Ordinance, the Board of Adjustment shall vary any of the provisions of the Unified Development Ordinance upon a showing of all of the following:

         (a)   Unnecessary hardship would result from the strict application of the Unified Development Ordinance. It shall not be necessary to demonstrate that, in the absence of the variance, no reasonable use can be made of the property.

         (b)   The hardship results from conditions that are peculiar to the property, such as location, size or topography. Hardships resulting from personal circumstances, as well as hardships resulting from conditions that are common to the neighborhood or the general public, may not be the basis for granting a variance. A variance may be granted when necessary and appropriate to make a reasonable accommodation under the Federal Fair Housing Act for a person with a disability.

         (c)   The hardship did not result from actions taken by the applicant or the property owner. The act of purchasing property with knowledge that circumstances exist that may justify the granting of a variance shall not be regarded as a self-created hardship.

         (d)   The requested variance is consistent with the spirit, purpose and intent of the Unified Development Ordinance, such that public safety is secured, and substantial justice is achieved.

      (3)   No change in permitted uses may be authorized by variance. Appropriate conditions may be imposed on any variance, provided that the conditions are reasonably related to the variance. Any other development regulation that regulates land use or development may provide for variances from the provisions of those ordinances consistent with the provisions of this division (B).

      (4)   The nature of the variance and any conditions attached to it shall be entered on the face of the zoning permit, or the zoning permit may simply note the issuance of the variance and refer to the written record of the variance for further information. All such conditions are enforceable in the same manner as any other applicable requirement of this Unified Development Ordinance.

      (1)   The Board of Adjustment is authorized to interpret the zoning map and to act upon disputed questions of lot lines or district boundary lines and similar questions. If such questions arise in the context of an appeal from a decision of the UDO Administrator, they shall be handled as provided in division (A) above.

      (2)   An application for a map interpretation shall be submitted to the Board of Adjustment by filing a standard town appeal form with the UDO Administrator. The application shall contain sufficient information to enable the Board of Adjustment to make the necessary interpretation.

      (3)   Where uncertainty exists as to the boundaries of districts as shown on the Official Zoning Map, the rules of interpretation as specified in § 91.10 shall be applied. Where uncertainties continue to exist after application of the above rules, appeal may be taken to the Board of Adjustment as provided in division (A) above of this Unified Development Ordinance.

      (4)   Interpretations of the location of floodway and floodplain boundary lines may be made by the UDO Administrator as provided in Part I. Flood Damage Prevention of the Environmental Regulations.

      (1)   When an appeal is taken to the Board of Adjustment in accordance with division (A) above, the UDO Administrator shall have the initial burden of presenting to the Board of Adjustment sufficient evidence and argument to justify the order or decision appealed from. The burden of presenting evidence and argument to the contrary then shifts to the appellant, who shall also have the burden of persuasion.

      (2)   The burden of presenting evidence sufficient to allow the Board of Adjustment to reach the conclusions set forth in division (B)(2) above, as well as the burden of persuasion on those issues, remains with the applicant seeking the variance.

(Ord. 21-1, passed 9-17-2020)

      (1)   Before making a decision on an appeal or an application for a variance, special use permit, or interpretation, or a petition from the planning staff to revoke a special use permit, the Board of Adjustment or Board of Commissioners, as the case may be, shall hold a hearing on the appeal or application within 30 days of the submittal of a completed appeal or application.

      (2)   Subject to division (E)(3) below, the hearing shall be open to the public and all persons interested in the outcome of the appeal or application shall be given an opportunity to present evidence and arguments. All persons presenting evidence or arguments shall be sworn in by the Chairperson prior to the presentation of any evidence or arguments.

      (3)   The Board of Adjustment or Board of Commissioners may place reasonable and equitable limitations on the presentation of evidence and arguments and the cross-examination of witnesses so that the matter at issue may be heard and decided without undue delay.

      (4)   Boards shall follow quasi-judicial procedures in determining appeals of administrative decisions, special use permits, certificates of appropriateness, variances, or any other quasi-judicial decision.

      (5)   The required application fee and all supporting materials must be received by the UDO Administrator before an application is considered complete and a hearing scheduled.

      (1)   (a)   Notice of evidentiary hearings conducted pursuant to this section shall be mailed to the person or entity whose appeal, application or request is the subject of the hearing; to the owner of the property that is the subject of the hearing if the owner did not initiate the hearing; to the owners of all parcels of land abutting the parcel that is the subject of the hearing; and to any other persons entitled to receive notice as provided by this Unified Development Ordinance. In the absence of evidence to the contrary, the town must rely on the county tax listing to determine owners of property entitled to mailed notice. The notice must be deposited in the mail at least ten days, but not more than 25 days, prior to the date of the hearing. Within the same time period, the town shall also prominently post a notice of the hearing on the site that is the subject of the hearing or on an adjacent street or highway right-of-way.

         (b)   The Board may continue an evidentiary hearing that has been convened without further advertisement. If an evidentiary hearing is set for a given date and a quorum of the board is not then present, the hearing shall be continued until the next regular board meeting without further advertisement.

      (2)   In the case of special use permits, notice shall be given to other potentially interested persons by publishing a notice in a newspaper having general circulation in the area one time not less than ten days nor more than 25 days prior to the hearing.

      (3)   The notice required by this section shall state the date, time and place of the hearing, reasonably identify the lot that is the subject of the application or appeal, and give a brief description of the action requested or proposed.

   (D)   Evidence/presentation of evidence. The applicant, the town, and any person who would have standing to appeal the decision as defined in Appendix A shall have the right to participate as a party at the evidentiary hearing. Other witnesses may present competent, material, and substantial evidence that is not repetitive as allowed by the Board. Objections regarding jurisdictional and evidentiary hearing issues, including but not limited to, the timeliness of an appeal or the standing of a party, may be made to the Board. The Board Chair shall rule on any objections and the Chair's ruling may be appealed to the full Board. These rulings are also subject to judicial review pursuant to G.S. § 160D-1402. Objections based on jurisdictional issues may be raised for the first time on judicial review.

   (G)   Subpoenas. The decision-making board making a quasi-judicial decision under this chapter, through the Chairperson or, in the Chairperson's absence, anyone acting as the Chairperson may subpoena witnesses and compel the production of evidence. To request issuance of a subpoena, the applicant, the town, or any person with standing as defined under Appendix A may make a written request to the Chairperson explaining why it is necessary for certain witnesses or evidence to be compelled. The Chairperson shall issue requested subpoenas he or she determines to be relevant, reasonable in nature and scope, and not oppressive. The Chairperson shall rule on any motion to quash or modify a subpoena. Decisions regarding subpoenas made by the Chairperson may be immediately appealed to the full decision-making board. If a person fails or refuses to obey a subpoena issued pursuant to this division, the decision-making board or the party seeking the subpoena may apply to the General Court of Justice for an order requiring that its subpoena be obeyed, and the court shall have jurisdiction to issue these orders after notice to all proper parties.

      (1)   In response to questions or comments by persons appearing at the hearing or to suggestions or recommendations by the Board of Adjustment, the applicant may agree to modify his or her application, including the plans and specifications submitted.

      (2)   Unless such modifications are so substantial or extensive that the decision-making board cannot reasonably be expected to perceive the nature and impact of the proposed changes without revised plans before it, the decision-making board may approve the application with the stipulation that the permit will not be issued until plans reflecting the agreed upon changes are submitted to the UDO Administrator.

      (1)   A record shall be made of all hearings required by § 91.55(A) and such recordings shall be kept as provided by state law. Minutes shall also be kept of all such proceedings. A transcript may be made, but is not required.

      (2)   Whenever practicable, all documentary evidence, including any exhibits, presented at a hearing as well as all other types of physical evidence shall be made a part of the record of the proceedings and shall be kept by the town in accordance with G.S. § 160D-1402.

(Ord. 21-1, passed 9-17-2020)

      (1)   The deadline for which a special use permit application shall be filed with the UDO Administrator is 20 calendar days prior to the meeting at which the application will be heard. Permit application forms shall be provided by the UDO Administrator. In the course of evaluating the proposed special use, the Planning Board or Board of Commissioners may request additional information from the applicant. A request for any additional information may stay any further consideration of the application by the Planning Board or Board of Commissioners.

      (2)   No application shall be deemed complete unless it contains or is accompanied by a site plan drawn to scale which complies with the requirements contained in § 91.66(D) and a fee, in accordance with a fee schedule approved by the Board of Commissioners for the submittal of special use permit applications.

      (3)   One hard copy of the application, and all attachments and maps, for a special use permit shall be submitted to the UDO Administrator.

      (1)   The Planning Board may, in its review, suggest reasonable conditions to the location, nature and extent of the proposed use and its relationship to surrounding properties, parking areas, driveways, pedestrian and vehicular circulation systems, screening and landscaping, timing of development, and any other conditions the Planning Board may find appropriate. The conditions may include dedication of any rights-of-way or easements for streets, water, sewer or other public utilities necessary to serve the proposed development.

      (2)   The Planning Board shall forward its recommendation to the Board of Commissioners within 45 days of reviewing the application. If a recommendation is not made within 45 days, the application shall be forwarded to the Board of Commissioners without a recommendation from the Planning Board.

      (3)   All comments prepared by the Planning Board shall be submitted by a Planning Board representative to the Board of Commissioners as testimony at the public hearing required by this section. This representative of the Planning Board shall be subject to the same scrutiny as other witnesses. Review of the special use application by the Planning Board shall not be a quasi-judicial procedure. The Planning Board shall include in its comments a statement as to the consistency of the application with the town's currently adopted Comprehensive Plan. Comments of the Planning Board may be considered with other evidence submitted at the public hearing.

      (1)   Board of Commissioners' consideration of special use permits are quasi-judicial decisions approved by a simple majority vote. Quasi-judicial decisions must be conducted in accordance with § 91.55. For the purposes of this section, vacant positions on the Board of Commissioners and members who are disqualified from voting on a quasi-judicial matter shall not be considered "members of the Board" for calculation of the requisite majority if there are no qualified alternates available to take the place of such members.

      (2)   Once the comments of the Planning Board have been made, or the 45-day period elapses without a recommendation, the Board of Commissioners shall hold a public hearing to consider the application at its next regularly scheduled meeting. A quorum of the Board of Commissioners is required for this hearing. Notice of the public hearing shall be as specified in § 91.55(B).

      (3)   In approving an application for a special use permit development approval in accordance with the principles, conditions, safeguards and procedures specified herein, the Board of Commissioners may impose reasonable and appropriate conditions and safeguards upon the approval. The petitioner will have a reasonable opportunity to consider and respond to any additional requirements prior to approval or denial by the Board of Commissioners. The applicant/landowner must consent in writing to all conditions imposed by the special use permit. Conditions and safeguards imposed under this division shall not include requirements for which the town does not have authority under statute to regulate, nor requirements for which the courts have held to be unenforceable if imposed directly by the town, including without limitation, taxes, impact fees, building design elements within the scope of G.S. § 160D-702(b), driveway-related improvements in excess of those allowed in G.S. § 136-18(29) and G.S. § 160A-307, or other authorized limitations on the development or use of land.

      (4)   The applicant has the burden of producing competent, material and substantial evidence tending to establish the facts and conditions which division (5) below requires.

      (5)   The Board of Commissioners shall issue a special use permit if it has evaluated an application through a quasi-judicial process and determined that:

         (a)   The establishment, maintenance or operation of the special use will not be detrimental to or endanger the public health, safety or general welfare;

         (b)   The special use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted, nor diminish or impair property values within the neighborhood;

         (c)   The establishment of the special use will not impede the normal and orderly development and improvement of the surrounding property for uses permitted in the district;

         (d)   The exterior architectural appeal and functional plan of any proposed structure will not be so at variance with either the exterior architectural appeal and functional plan of the structures already constructed or in the course of construction in the immediate neighborhood or the character of the applicable district, as to cause a substantial depreciation in the property values within the neighborhood;

         (e)   Adequate utilities, access roads, drainage, parking or necessary facilities have been or are being provided;

         (f)   Adequate measures have been or will be taken to provide ingress and egress so designed as to minimize traffic congestion in the public streets;

         (g)   The special use shall, in all other respects, conform to all the applicable regulations of the district in which it is located;

         (h)   Public access shall be provided in accordance with the recommendations of the town's land use plan and access plan or the present amount of public access and public parking as exists within the town now. If any recommendations are found to conflict, the system requiring the greatest quantity and quality of public access, including parking, shall govern; and

         (i)   The proposed special use shall be consistent with recommendation and policy statements as described in the adopted land use plan.

      (6)   Conditions and guarantees: prior to the granting of any special use, the Planning Board may recommend, and the Board of Commissioners may require, conditions and restrictions upon the establishment, location, construction, maintenance and operation of the special use as is deemed necessary for the protection of the public interest and to secure compliance with the standards and requirements specified above. In all cases in which special uses are granted, the Board of Commissioners shall require evidence and guarantees as it may deem necessary as proof that the conditions required in connection therewith are being and will be complied with. The reasons/justifications for conditions must be stated/tied to § 91.56(D)(5).

      (7)   In the event that a rezoning is sought in conjunction with a special use permit, such deliberation would be legislative in nature and not part of the quasi-judicial process.

(Ord. 21-1, passed 9-17-2020)

   When an application involving a quasi- judicial procedure/petition is denied by the Board of Commissioners or Board of Adjustment, reapplication involving the same property, or portions of the same property, may not be submitted unless the petitioner can demonstrate a substantial change in the proposed use, conditions governing the use of the property, or conditions surrounding the property itself.

(Ord. 21-1, passed 9-17-2020)

   (A)   The purpose of this subchapter is to establish an orderly process to develop land within the town in accordance with the legislative authority granted though G.S. Chapter 160D. It is also the intent of this subchapter to provide a clear and comprehensible development approval process that is fair and equitable to all interests including the petitioners, affected neighbors, town staff, related agencies, the Planning Board and the Board of Commissioners. Approved plans shall be the guiding documents for final approval and permitting.

   (B)   The development review process applies to all development actions within the town except for existing individual lots for single-family detached residential and two-family residential (duplex) development. The provisions of this subchapter shall be applicable for development approvals including all minor and major subdivisions and minor and major site plans. The UDO Administrator may waive the required development approval process only in the following cases when he or she determines that the submission of a development plan in accordance with this subchapter would serve no useful purpose:

      (1)   Accessory structures;

      (2)   Any enlargement of a principal building by less than 20% of its existing size provided such enlargement will not result in parking or landscaping improvements; and

      (3)   A change in principal use where such change would not result in a change in lot coverage, parking or other site characteristics.

(Ord. eff. 9-6-2012, § 5.1; Am. Ord. 16-1, passed 4-7-2016; Am. Ord. 21-1, passed 9-17-2020)

   (F)   Revocation of development approvals. In addition to initiation of enforcement actions under § 91.14, development approvals may be revoked by the town issuing the development approval by notifying the holder in writing stating the reasons for the revocation. The town shall follow the same development review and approval process required for issuance of the development approval, including any required notice or hearing, in the review and approval of any revocation of that approval. Development approvals shall be revoked for any substantial departure from the approved application, plans, or specifications; for refusal or failure to comply with the requirements of any applicable Town of Carolina Shores development regulation or any state law delegated to the town for enforcement purposes in lieu of the state; or for false statements or misrepresentations made in securing the approval. Any development approval mistakenly issued in violation of an applicable state or local law may also be revoked. The revocation of a development approval by a staff member may be appealed pursuant to § 91.54(A). If an appeal is filed regarding a development regulation adopted by the town pursuant to G.S. Chapter 160D, the provisions of § 91.54(A)(6) regarding stays shall be applicable.

(Ord. 21-1, passed 9-17-2020)

   (A)   The applicant shall schedule a pre- application meeting with the UDO Administrator to review a sketch plan of the proposed development, including minor and major subdivisions and minor and major site plans. The sketch plan shall meet the requirements of division (C) below. The UDO Administrator will advise the applicant of all applicable town regulations and policies, suggest development alternatives, application procedures and fees (see § 91.34). The pre-application meeting is a non-binding and informal review of a development proposal intended to provide information to the applicant on the procedures and policies of the town and does not confer upon the applicant any development rights. The UDO Administrator may submit a sketch plan to other departments or agencies for input and recommendations. Within 15 days of receipt of the sketch plan, the UDO Administrator shall forward all appropriate comments to the applicant. This timeframe may be extended if comments are requested from other agencies.

   (B)   The applicant is encouraged to incorporate the recommendations of the UDO Administrator or authorized staff reviewer into the development plan before submittal. The sketch plan is only a courtesy intended to inform the applicant of the approval criteria prior to submittal of the development plan; furthermore, sketch plan review does not constitute approval of the development plan and may not be substituted for any required approvals.

   (C)   Three copies of the sketch plan, drawn to scale, shall be submitted, including the following:

      (1)   A scale, preferably the same scale as required for development plan submittal;

      (2)   Property boundaries and total acreage;

      (3)   Major topographical and physical features such as creeks, buildings, streets and the like;

      (4)   Proposed streets, buildings and/or lot arrangements, including proposed lot sizes;

      (5)   Existing and proposed land use, drawn to scale, with brief project description including building sizes, unit sizes, lot sizes, open space, amenities and the like;

      (6)   Name, address and telephone number of applicant and persons (firm) preparing the development plan;

      (7)   Adjacent street names, numbers and right-of-way widths;

      (8)   Zoning district classification of site and surrounding properties, including those across streets; and

      (9)   The boundaries of any proposed phasing.

(Ord. 21-1, passed 9-17-2020)

      Administrative approval includes:

         (a)   Buildings or additions with an aggregate enclosed square footage of less than 20,000 square feet;

         (b)   Buildings or additions involving land disturbance of less than one acre;

         (c)   Multi-family development involving less than ten dwelling units;

         (d)   Parking lot expansions which comply with this Unified Development Ordinance with no increase in enclosed floor area;

         (e)   Revision to landscaping, signage or lighting which comply with the requirements of this Unified Development Ordinance;

         (f)   Accessory uses which comply with the requirements of this Unified Development Ordinance; and

         (g)   Site plans which do not require a variance or modification of the requirements of this Unified Development Ordinance, and otherwise comply with this UDO.

      (5)   Note: A sketch plan and/or pre-application meeting is not required for a final plat submittal.

      Note: A certificate of occupancy cannot be issued, nor a lot conveyed without final plat approval and recordation.

      (1)   UDO Administrator;

      (2)   Town Administrator;

      (3)   Police Department;

      (4)   Town Engineer or consulting engineer;

      (5)   Town Attorney;

      (6)   Other town representatives appointed by the Town Administrator;

      (7)   Utilities providers;

      (8)   Brunswick County Health Department;

      (9)   Brunswick County Board of Education;

      (10)   Cape Fear Area Rural Planning Organization;

      (11)   State Department of Transportation;

      (12)   State Department of Environment and Natural Resources;

      (13)   U.S. Army Corps of Engineers; and

      (14)   Calabash Fire Department.

      (1)   No land shall be used or occupied and no building hereafter constructed, structurally altered, erected or moved, shall be used, or its use changed until a certificate of zoning compliance shall have been issued by the UDO Administrator stating that the building or the proposed use thereof complies with the provisions of this Unified Development Ordinance.

      (2)   A certificate of zoning compliance, either for the whole or a part of a building, shall be applied for prior to the application for a building permit and shall be issued together with the building permit.

      (3)   Application for certificate of zoning compliance: each application for a preliminary certificate of zoning compliance shall be accompanied by a site plan (if not already submitted in accordance with division (C) above) in duplicate, drawn to scale, one copy of which shall be returned to the owner upon approval. The plan shall show the following:

         (a)   The shape and dimensions of the lot on which the proposed building or use is to be erected or constructed;

         (b)   The location of the lot with respect to adjacent rights-of-way;

         (c)   The shape, dimensions and location of all buildings, existing and proposed, on the lot;

         (d)   The nature of the proposed use of the building or land, including the extent and location of the use on the lot;

         (e)   The location and dimensions of off-street parking and the means of ingress and egress to the space; and

         (f)   Any other information which the UDO Administrator may deem necessary for consideration in enforcing the provisions of this Unified Development Ordinance. The UDO Administrator may waive any of the above requirements which may not be applicable or otherwise deemed necessary by the UDO Administrator.

      (1)   No building or other structure shall be erected, moved, added to, demolished or structurally altered without a building permit issued by the Building Inspector and a zoning permit issued by the UDO Administrator. No building permit shall be issued by the Building Inspector except in conformity with the provisions of the State Building Code and this Unified Development Ordinance unless he or she receives a written order from the Board of Adjustment in the form of a variance to this Unified Development Ordinance as provided for by this Unified Development Ordinance.

      (2)   Application for building permit: all applications for building permits shall be accompanied by plans, including a survey not more than six months old, as specified by the State Building Code. The application shall include other information as lawfully may be required by the Building Inspector, including existing or proposed building or alteration; existing or proposed uses of the building and land; the number of families, dwelling units or rental units the building is designed to accommodate; conditions existing on the lot; floodplain development permit; and any other matters as may be necessary to determine conformance with, and provide for the enforcement of this Unified Development Ordinance. A minimum of two copies of the plans shall be required. One copy of the plans shall be returned to the applicant by the Building Inspector, after he or she shall have marked the copy either as approved or disapproved and attested to same by his or her signature on the copy. One copy of the plans, similarly marked, shall be retained by the Building Inspector.

      (1)   No new building, or part thereof, shall be occupied, and no addition or enlargement of any existing building shall be occupied, and no existing building after being altered or moved shall be occupied, and no change of use shall be made in any existing building or part thereof, until the Building Inspector has issued a certificate of occupancy.

      (2)   A certificate of occupancy shall be applied for subsequent to or concurrent with the application for a certificate of zoning compliance and shall be issued within five business days after the erection or structural alteration of such building or part shall have been completed in conformity with the provisions of this Unified Development Ordinance. A temporary certificate of occupancy for a portion of a structure may be issued for a portion or portions of a building which may safely be occupied prior to final completion and occupancy of the entire building or for other temporary uses. A certificate of occupancy shall not be issued unless the proposed use of a building or land conforms to the applicable provisions of this Unified Development Ordinance. If the certificate of occupancy is denied, the Building Inspector shall state in writing the reasons for refusal and the applicant shall be notified of the refusal. A record of all certificates shall be kept on file in the office of the Building Inspector for a period of time in accordance with the State Department of Cultural Resources requirements (G.S. § 132-8) and copies shall be furnished on request to any persons having a proprietary or tenancy interest in the building or land involved.

      (3)   For all developments, excluding single-family residential uses, prior to the issuance of a certificate of occupancy by the Building Inspector, a final zoning inspection shall be conducted to ensure that the approved plan has been followed and all required improvements have been installed to town standards. The Board of Commissioners must have accepted all publicly dedicated improvements contingent upon the recordation of the final plat or provision of performance guarantees approved by the Board of Commissioners as specified in § 91.67(E)(4).

      (4)   For minor site plans and minor subdivision final plats, an as-built survey and as-built construction drawings shall be submitted to the UDO Administrator by the developer upon completion of the building foundation to ensure that setbacks and building orientation match the approved site plan. If the survey shows that the placement of the building is incorrect, then the UDO Administrator shall issue a stop-work order and all construction shall be halted until the problem is remedied.

(Ord. eff. 9-6-2012, § 5.3; Am. Ord. 21-1, passed 9-17-2020)

       Note: A certificate of occupancy cannot be issued, nor a lot conveyed without final plat approval and recordation.

      (1)   Following a complete technical review, the UDO Administrator shall schedule the application for review by the Planning Board.

      (2)   The Planning Board shall have up to 30 days from the date of referral by the UDO Administrator to recommend approval, recommend approval with conditions or recommend denial of the request to the Board of Commissioners.

      (3)   The Planning Board, via the UDO Administrator, shall forward their recommended action to the Board of Commissioners for review and action as appropriate by the Board of Commissioners.

(Ord. eff. 9-6-2012, § 5.4; Am. Ord. 15-2, passed 3-5-2015; Am. Ord. 21-1, passed 9-17-2020)

      (1)   Site plan or preliminary plat;

      (2)   Existing conditions;

      (3)   Grading plan;

      (4)   Soil and erosion control plan;

      (5)   Landscaping plan (including a town tree removal permit, if applicable, in accordance with §§ 91.140 through 91.150);

      (6)   Lighting plan;

      (7)   Street details;

      (8)   Infrastructure details; and

      (9)   Stormwater control plan.

(Ord. eff. 9-6-2012, § 5.5; Am. Ord. 21-1, passed 9-17-2020)

         (a)   A key map of the site with reference to surrounding areas and existing street locations;

         (b)   The name and address of the owner and site plan applicant, together with the names of the owners of all contiguous land and of property directly across the street as shown by the most recent tax records;

         (c)   Lot line dimensions;

         (d)   Location of all structures, streets, entrances and exits on the site and on contiguous property directly across the street;

         (e)   Location of all existing and proposed structures, including their outside dimensions and elevations;

         (f)   Building setback, side line and rear yard distances;

         (g)    Location of flood zones;

         (h)   All existing physical features, including watercourses, existing trees greater than eight inches in diameter measured four and one-half feet above ground level, and significant soil conditions;

         (i)   Topography showing existing and proposed contours at two-foot intervals. All reference benchmarks shall be clearly designated;

         (j)   Parking, loading and unloading areas shall be indicated with dimensions, traffic patterns, access aisles and curb radii per the requirements of §§ 91.120 through 91.129;

         (k)   Improvements such as roads, curbs, bumpers and sidewalks shall be indicated with cross-sections, design details and dimensions;

         (l)   Location and design of existing and proposed stormwater systems, sanitary waste disposal systems, water mains and appurtenances, and method of refuse disposal and storage;

         (m)   Landscaping and buffering plan showing what will remain and what will be planted, indicating names of plants, trees and dimensions, approximate time of planting, and maintenance plans per the requirements of §§ 91.140 through 91.150;

         (n)   Lighting plan indicating type of standards, location, radius of light and intensity in footcandles per the requirements of §§ 91.170 through 91.177;

         (o)   Location, dimensions and details of signs per the requirements of §§ 91.190 through 91.201;

         (p)   North arrow; and

         (q)   Location of all 404 wetland areas.

         (a)   Pedestrian and vehicular traffic movement within and adjacent to the site with particular emphasis on the provision and layout of parking areas, off-street loading and unloading, movement of people, goods and vehicles from access roads, within the site, between buildings, and between buildings and vehicles. The Planning Board shall ensure that all parking spaces comply with §§ 91.120 through 91.129. Access to the site from adjacent roads shall be designed so as to interfere as little as possible with traffic flow on these roads and to permit vehicles a rapid and safe ingress and egress to the site;

         (b)   The design and layout of buildings and parking areas shall be reviewed so as to provide an aesthetically pleasing design and efficient arrangement. Particular attention shall be given to safety and fire protection, impact of surrounding development, and contiguous and adjacent buildings and lands;

         (c)   Adequate lighting, based upon the standards set forth in §§ 91.170 through 91.177, shall be provided to ensure safe movement of persons and vehicles and for security purposes. Lighting standards shall be a type approved by the Planning Board;

         (d)   Buffering shall be located around the perimeter of the site to minimize headlights of vehicles, noise, light from structures, the movement of people and vehicles, and to shield activities from adjacent properties in accordance with §§ 91.140 through 91.150;

         (e)   Landscaping shall be provided as part of the overall site design and integrated into building arrangements, topography, parking and buffering requirements in accordance with §§ 91.140 through 91.150;

         (f)   Signs shall be designed so as to be aesthetically pleasing, harmonious with other signs on the site, and located so as to achieve their purpose without constituting hazards to vehicles and pedestrians (refer to §§ 91.190 through 91.201);

         (g)   Storm drainage, sanitary waste disposal, water supply and garbage disposal shall be reviewed for compliance with applicable federal, state and local requirements. Particular emphasis shall be given to the adequacy of existing systems, and the need for improvements, both on-site and off-site, to adequately carry run-off and sewage, and to maintain an adequate supply of water at sufficient pressure; and

         (h)   Environmental elements relating to soil erosion, preservation of trees, protection of watercourses, and resources, noise, topography, soil and animal life shall be reviewed, and the design of the plan shall minimize any adverse impact on these elements.

      (1)   No new building, or part thereof, shall be occupied, and no addition or enlargement of any existing building shall be occupied, and no existing building after being altered or moved shall be occupied, and no change of use shall be made in any existing building or part thereof, until the Building Inspector has issued a certificate of occupancy.

      (2)   A certificate of occupancy shall be applied for subsequent to or concurrent with the application for a certificate of zoning compliance and shall be issued within five business days after the erection or structural alteration of such building or part shall have been completed in conformity with the provisions of this Unified Development Ordinance. A temporary certificate of occupancy for a portion of a structure may be issued for a portion or portions of a building which may safely be occupied prior to final completion and occupancy of the entire building or for other temporary uses. A certificate of occupancy shall not be issued unless the proposed use of a building or land conforms to the applicable provisions of this Unified Development Ordinance. If the certificate of occupancy is denied, the Building Inspector shall state in writing the reasons for refusal and the applicant shall be notified of the refusal. A record of all certificates shall be kept on file in the office of the Building Inspector for a period of time in accordance with the State Department of Cultural Resources requirements (G.S. § 132-8) and copies shall be furnished on request to any persons having a proprietary or tenancy interest in the building or land involved.

      (3)   For all developments, excluding single-family residential uses, prior to the issuance of a certificate of occupancy by the Building Inspector, a final zoning inspection shall be conducted to ensure that the approved plan has been followed and all required improvements have been installed to town standards. The Board of Commissioners must have accepted all publicly dedicated improvements contingent upon the recordation of the final plat or provision of performance guarantees approved by the Board of Commissioners as specified in § 91.67(E)(4).

      (4)   For major sites plan development approvals, an as-built survey and as-built construction drawings shall be submitted to the UDO Administrator by the developer upon completion of the building foundation to ensure that setbacks and building orientation match the approved site plan. If the survey shows that the placement of the building is incorrect, then the UDO Administrator shall issue a stop-work order and all construction shall be halted until the problem is remedied.

(Ord. eff. 9-6-2012, § 5.6; Am. Ord. 21-1, passed 9-17-2020)

      (1)   This section shall be applicable to all subdivisions except those which are exempt in accordance with § 91.04(B)(3). The Planning Board may authorize exceptions for subdivisions from any portion of this Unified Development Ordinance when, in its opinion, undue hardship may result from their strict compliance. In granting an exception, the Planning Board shall hold a quasi-judicial public hearing and make the findings required herein, taking into account the nature of the proposed subdivision, the existing use of land in the vicinity, the number of persons to reside or work in the proposed subdivision and the probable effect of the proposed subdivision upon traffic conditions in the vicinity. No relief shall be granted unless it is found:

         (a)   That there are special circumstances or conditions affecting said property such that the strict application of the provisions of this Unified Development Ordinance would deprive the applicant of the reasonable use of his or her land;

         (b)   That the relief is necessary for the preservation and enjoyment of a substantial property right of the petitioner;

         (c)   That the circumstances giving rise to the need for the relief are peculiar to the subdivision and are not generally characteristic of other subdivisions in the jurisdiction of this Unified Development Ordinance; and

         (d)   That the granting of the relief will not be detrimental to the public health, safety and welfare or injurious to other property in the area in which said property is situated.

      (2)   Every decision of the Planning Board pertaining to the granting of subdivision exceptions shall be subject to review by the Superior Court Division of the General Courts of Justice of the State of North Carolina by proceedings in the nature of certiorari. Any petition for review by the Superior Court shall be duly verified and filed with the Clerk of Superior Court within 30 days after the decision of the Planning Board is filed in the office of the UDO Administrator, or after a written copy thereof is delivered to every aggrieved party who has filed a written request for such copy with the UDO Administrator at the time of the Planning Board's hearing of the case, whichever is later.

      (1)   The developer shall submit a sketch development plan, as specified in § 91.62, to the UDO Administrator. At this stage, the UDO Administrator and the developer shall informally review the proposal.

      (2)   After this initial review has been completed, the subdivider or his or her authorized representative shall prepare a final plat as specified in § 91.213 and submit it to the UDO Administrator. At the time of submission, the subdivider shall pay to the town an application fee as established by the Board of Commissioners in accordance with § 91.34. Refer to §§ 91.210 through 91.228 for plat requirements.

      (3)   The UDO Administrator shall approve or disapprove the final plat. If the subdivider disagrees with the decision of the UDO Administrator, the subdivider may appeal to the Planning Board at their next regular meeting.

         (a)   Following a complete technical review and the payment of requisite fees as established by the Board of Commissioners, the UDO Administrator shall schedule the preliminary plat for review by the Planning Board.

         (b)   The Planning Board shall have up to 30 days from the date of referral by the UDO Administrator to recommend approval, recommend approval with conditions or recommend denial of the request to the Board of Commissioners.

         (c)   The Planning Board, via the UDO Administrator, shall forward their recommended action to the Board of Commissioners for review and action as appropriate by the Board of Commissioners.

         (d)   All required local, state and/or federal permits must be obtained prior to authorization to construct, but shall not be required to obtain preliminary plat approval pursuant to this section.

         (a)   Within 24 months after approval of the preliminary plat, the subdivider shall submit a final plat showing that the subdivision has been complete in conformity to the approved preliminary plat. The final plat may include all or only a portion of the subdivision as proposed and approved on the preliminary subdivision plat, provided that all required improvements have been installed as called for in the approved preliminary plat or a surety bond or similar financial instrument has been approved by the Board of Commissioners, in accordance with this chapter.

            1.   Following a complete technical review and the payment of requisite fees as established by the Board of Commissioners, the UDO Administrator shall schedule the final plat for review by the Planning Board.

            2.   The Planning Board shall have up to 30 days from the date of referral by the UDO Administrator to recommend approval, recommend approval with modifications or recommend denial of the request to the Board of Commissioners. If the final plat substantially conforms to the approved preliminary plat, the plat should be approved.

            3.   The Planning Board, via the UDO Administrator, shall forward their recommended action to the Board of Commissioners for review and action as appropriate by the Board of Commissioners.

            4.   The Board of Commissioners shall review the final plat and if it substantially conforms to the preliminary plat shall approve the final plat. The Board of Commissioners shall also, as part of the final plat approval process, accept any public improvements or sureties thereof as outlined in this chapter.

            5.   Only after the final plat has been approved and recorded in the Brunswick County Register of Deeds office shall any lots be transferred or conveyed.

            1.   Surety bond issued by any company authorized to do business in this state;

            2.   Letter of credit issued by any financial institution licensed to do business in this state; or

            3.   Other form of guarantee that provides equivalent security to a surety bond or letter of credit.

         (e)   Amount. The amount of the performance guarantee shall not exceed 125% of the reasonably estimated cost of completion at the time the performance guarantee is issued. The town may determine the amount of the performance guarantee or use a cost estimate determined by the developer. The reasonably estimated cost of completion shall include 100% of the costs for labor and materials necessary for completion of the required improvements. Where applicable, the costs shall be based on unit pricing. The additional 25% allowed under this division includes inflation and all costs of administration regardless of how such fees or charges are denominated. The amount of any extension of any performance guarantee shall be determined according to the procedures for determining the initial guarantee and shall not exceed 125% of the reasonably estimated cost of completion of the remaining incomplete improvements still outstanding at the time the extension is obtained.

            1.   The town to whom such performance guarantee is provided.

            2.   The subdivider at whose request or for whose benefit such performance guarantee is given.

            3.   The person or entity issuing or providing such performance guarantee at the request of or for the benefit of the developer.

         (i)   The town may release a portion of any security posted as the improvements are completed and recommended for approval by the UDO Administrator. Within 30 days after receiving the UDO Administrator's recommendation, the Board of Commissioners shall approve or not approve said improvements. If the Board of Commissioners approves said improvements, then it shall immediately release any security posted.

         (j)   For subdivisions which are underwritten or constructed with federal funds and for which the specifications for facilities or improvements are equal to or of higher standard than those required by the town, the bond-posting requirement may be waived and the final plat approved prior to completion of facilities or improvements.

      (1)   After the effective date of this Unified Development Ordinance, no subdivision plat of land within the town's jurisdiction shall be filed or recorded until it has been submitted to and approved by the appropriate agencies, and until this approval is entered in writing on the face of the plat by the chairperson or head of that agency. All publicly dedicated improvements must be accepted by the Board of Commissioners contingent upon final plat recordation or acceptance of an approved performance bond.

      (2)   A plat shall not be filed or recorded by the County Register of Deeds of any subdivision located within the town's jurisdiction that has not been approved in accordance with this Unified Development Ordinance, nor shall the Clerk of Superior Court order or direct the recording of a plat if the recording would be in conflict with the requirements of this Unified Development Ordinance.

      (1)   Any person who, being the owner or agent of the owner of any land located within the planning and development regulation jurisdiction of the town, thereafter subdivides his land in violation of applicable town ordinances the regulation or transfers or sells land by reference to, exhibition of, or any other use of a plat showing a subdivision of the land before the plat has been properly approved under applicable town ordinances such regulation and recorded in the office of the Brunswick County Register of Deeds, shall be guilty of a Class 1 misdemeanor. The description by metes and bounds in the instrument of transfer or other document used in the process of selling or transferring land shall not exempt the transaction from this penalty. The town may bring an action for injunction of any illegal subdivision, transfer, conveyance, or sale of land, and the court shall, upon appropriate findings, issue an injunction and order requiring the offending party to comply with the subdivision ordinance. Building permits required pursuant to G.S. § 160D-1108 may be denied for lots that have been illegally subdivided. In addition to other remedies, the town may institute any appropriate action or proceedings to prevent the unlawful subdivision of land, to restrain, correct, or abate the violation, or to prevent any illegal act or conduct.

      (2)   The provisions of this section shall not prohibit any owner or its agent from entering into contracts to sell or lease by reference to an approved preliminary plat for which a final plat has not yet been properly approved under the subdivision regulation or recorded with the Brunswick County Register of Deeds, provided the contract does all of the following:

         (a)   Incorporates as an attachment a copy of the preliminary plat referenced in the contract and obligates the owner to deliver to the buyer a copy of the recorded plat prior to closing and conveyance.

         (b)   Plainly and conspicuously notifies the prospective buyer or lessee that a final subdivision plat has not been approved or recorded at the time of the contract, that no governmental body will incur any obligation to the prospective buyer or lessee with respect to the approval of the final subdivision plat,

that changes between the preliminary and final plats are possible, and that the contract or lease may be terminated without breach by the buyer or lessee if the final recorded plat differs in any material respect from the preliminary plat.

         (c)   Provides that if the approved and recorded final plat does not differ in any material respect from the plat referred to in the contract, the buyer or lessee may not be required by the seller or lessor to close any earlier than five days after the delivery of a copy of the final recorded plat.

         (d)   Provides that if the approved and recorded final plat differs in any material respect from the preliminary plat referred to in the contract, the buyer or lessee may not be required by the seller or lessor to close any earlier than 15 days after the delivery of the final recorded plat, during which 15-day period the buyer or lessee may terminate the contract without breach or any further obligation and may receive a refund of all earnest money or prepaid purchase price.

      (3)   The provisions of this section shall not prohibit any owner or its agent from entering into contracts to sell or lease land by reference to an approved preliminary plat for which a final plat has not been properly approved under the subdivision regulation or recorded with the Brunswick County Register of Deeds where the buyer or lessee is any person who has contracted to acquire or lease the land for the purpose of engaging in the business of construction of residential, commercial, or industrial buildings on the land, or for the purpose of resale or lease of the land to persons engaged in that kind of business, provided that no conveyance of that land may occur and no contract to lease it may become effective until after the final plat has been properly approved under the subdivision regulation and recorded with the Brunswick County Register of Deeds.

      (1)   Zoning permits and building permits may be issued by the town for the erection of any building on any lot within a proposed subdivision prior to the final plat of said subdivision being approved in a manner as prescribed by this Unified Development Ordinance and recorded at the Register of Deeds office, provided an improvements permit has been issued by the Brunswick County Health Department, if required. A certificate of occupancy may not be issued until the final plat has been approved and recorded.

      (2)   After the effective date of this Unified Development Ordinance, it shall be illegal for any person being the owner or agent of the owner of any land located within the territorial jurisdiction of this Unified Development Ordinance, to subdivide his or her land in violation of this Unified Development Ordinance or to transfer or sell land by reference to, exhibition of or any other use of a plat showing a subdivision of the land before the plat has been properly approved under the terms of this Unified Development Ordinance.

      (3)   The description by metes and bounds in the instrument of transfer or other document used in the process of selling or transferring land shall not exempt the transaction from this penalty. The Board of Commissioners, through its attorney or other official so designated, may enjoin an illegal subdivision, transfer or sale of land by action for injunction. Further, violators of this Unified Development Ordinance shall be subject, upon conviction, to fine and/or imprisonment as provided by G.S. § 14-4. Civil penalties may be issued in accordance with § 91.14.

      (1)   At the time of submittal of a preliminary plat with streets proposed to be dedicated for acceptance by the town as public, the Board of Commissioners will decide if it will approve the dedication, subject to the street or streets complying with all requirements for acceptance. The town is not obligated to accept a street for maintenance.

      (2)   Before a request for acceptance by the town is made, the petitioner(s) for street dedication must provide the following to the UDO Administrator:

         (a)   Town Engineer's certification that the street(s) have been properly constructed to town specifications;

         (b)   As-built drawings of all street, drainage and other improvements;

         (c)   All easement agreements;

         (d)   Lien waiver executed by all providers of materials and services; and

         (e)   Deed for roadway right-of-way conveyance.

      (3)   If the town agrees to accept the offer of dedication, it will be obligated to maintain the street. The obligation to maintain the street does not impose any requirement on the town to immediately make improvements to the street in question. Necessary improvements to the street in question will be made by the town as funds are available.

      (4)   The warranty period shall run for a minimum of one year from the date of acceptance by the Board of Commissioners. Warranty inspections will be conducted by the Town Engineer at six months and 12 months after acceptance or at any time that deficiencies are discovered. All repairs will require an additional one-year warranty.

      (5)   Acceptance of roadway dedication will be provided by adoption of a resolution of acceptance by the Town Board of Commissioners.

      (1)   At least one-thirty-fifth of an acre shall be dedicated for each dwelling unit planned or proposed in the subdivision plat or development.

      (2)   The minimum amount of land which shall be dedicated for a public park, recreation or open space site shall be no less than two acres in size. When the area to be provided is less than two acres, the subdivider may be required to make payment in lieu of the dedication to be used for the acquisition or development of recreation, park or open space sites which would serve the needs of the residents of the subdivision.

      (3)   Except as otherwise required by the Board of Commissioners, all dedications of land shall meet the following criteria.

         (a)   The dedicated land shall form a single parcel of land, except where the Board of Commissioners determines that two or more parcels would be in the best interest of the public, given the type and distribution of open spaces needed to adequately serve the proposed development. In these cases, the Board of Commissioners may require that the parcels be connected by a dedicated strip of land at least 30 feet in width.

         (b)   Two-thirds of the dedicated land shall be usable for active recreation. Furthermore, lakes and other bodies of water may not be included in computing any of the dedicated land area. Land dedicated only for greenways need not follow the requirements of this division (J)(3)(b).

         (c)   The shape of the portion of the dedicated land which is deemed suitable for active recreation shall be sufficiently square or round to be usable for any or all recreational facilities and activities, such as athletic fields and tennis courts, when a sufficient amount of land is dedicated to accommodate the facilities. Land dedicated only for greenways need not follow the requirements of this division (J)(3)(c).

         (d)   The dedicated land shall be located so as to reasonably serve the recreation and open space needs of residents of the subdivision.

         (e)   Public access to the dedicated land shall be provided either by adjoining public street frontage or by a dedicated public easement, at least 30 feet wide, which connects the dedicated land to a public street or right-of-way. Gradients adjacent to existing and proposed streets shall allow for reasonable access to the dedicated land. Where the dedicated land is located adjacent to a street, the developer or subdivider shall remain responsible for the installation of utilities, sidewalks and other improvements required along that street segment.

         (f)   Dedicated parks, recreation and open space areas shall have a sufficient natural or human-made buffer or screen to minimize any negative impacts on adjacent residents.

      (4)   The payment of fees, in lieu of the dedication of land, may occur at the request of the subdivider or developer. However, the decision to require the dedication of land for recreational purposes, or a payment of a fee in lieu, shall be made by the Board of Commissioners prior to preliminary plat approval after having received a recommendation from the Planning Board and having evaluated the proposed dedication and the relationship the dedication would have with the town's overall recreational needs.

         (a)   The fees in lieu of dedication shall be paid prior to final plat approval.

         (b)   The amount of the payment shall be the product of:

            1.   The number of acres to be dedicated, as required by this division (J); and

            2.   The assessed value for property tax purposes of the land being subdivided, adjusted to reflect its current fair market value at the time the payment is due to be paid.

         (c)   Procedures for determining the amount of the payment are as follows.

            1.   An appraisal of the land in the development shall be performed by a professional land appraiser selected by the developer from an approved list maintained by the Board of Commissioners. Professional land appraiser refers to a land appraiser who, in the opinion of the Board of Commissioners, has the expertise and/or certification to perform an adequate appraisal.

            2.   The appraisal shall not be done prior to submission of the preliminary plat. The cost of the appraisal shall be borne by the developer.

      (5)   At the time of filing a preliminary plat, the subdivider shall designate thereon the area or areas to be dedicated pursuant to this section. If the subdivider desires to make a payment in lieu of the dedication of land, a letter to that effect shall be submitted with the preliminary plat. The Board of Commissioners reserves the right to approve or disapprove dedication of parcels for public park, recreation or open space, or payment in lieu of.

      (6)   Where a dedication of land is required, the dedication shall be shown on the final plat when submitted, and the plat shall be accompanied by an executed general warranty deed conveying the dedicated land to the town. Where a payment in lieu of dedication is approved by the Board of Commissioners, the payment will be made before the final plat is signed and recorded.

      (7)   The Board of Commissioners shall have the authority to sell land dedicated pursuant to this section. The proceeds of the sale shall be used for the acquisition and/or development of other recreation, park or open space sites, or for sidewalk development serving the subdivision or more than one subdivision in the immediate area.

      (8)   The town encourages neighborhood or property owner associations or management to construct, operate and maintain private parks and recreation. The construction, operation or maintenance of the private facilities shall not, however, diminish or eliminate the responsibility and obligations of the subdivider under this section.

      (9)   Greenways may be credited against the requirements of this section, provided that the greenways are part of the town's greenway plan and dedicated to public use.

      (10)   This chapter may not require a power line to be buried if the line existed above ground when the development's plat or development plan was initially approved (even if the power line was subsequently relocated) and the power line is located outside the parcel of land containing the subdivision or development plan.

(Ord. eff. 9-6-2012, § 5.7; Am. Ord. 15-2, passed 3-5-2015; Am. Ord. 16-1, passed 4-7-2016; Am. Ord. 17-3, passed 12-8-2016; Am. Ord. 21-1, passed 9-17-2020)

   (A)   In accordance with the requirements of G.S. § 160D-703 that zoning regulation be by districts, the town, as shown on the Zoning Map, is hereby divided into districts which shall be governed by all of the uniform use and dimensional requirements of this Unified Development Ordinance. In the creation of the respective districts, careful consideration is given to the peculiar suitability of each and every district for the particular regulations applied thereto, and the necessary, proper and comprehensive groupings and arrangements of various uses and densities of population in accordance with a well considered Comprehensive Plan for the physical development of the area.

   (B)   The purposes of establishing the zoning districts are:

      (1)   To implement adopted plans;

      (2)   To promote public health, safety and general welfare;

      (3)   To provide for orderly growth and development;

      (4)   To provide for the efficient use of resources; and

      (5)   To facilitate the adequate provision of services.

(Ord. eff. 9-6-2012, § 6.1; Am. Ord. 21-1, passed 9-17-2020)

   Zoning districts have uses specified as permitted by right, special uses and uses permitted with supplemental regulations. Detailed use tables are provided in § 91.74 showing the uses allowed in each district. The following describes the processes of each of the categories that the uses are subject to:

(Ord. eff. 9-6-2012, § 6.2; Am. Ord. 21-1, passed 9-17-2020)

   For the purposes of this Unified Development Ordinance, the town is hereby divided into the following primary zoning districts.

   (A)   R-15 Residential District. The R-15 Residential District is intended as a single-family residential area with a low to medium population density. Certain structures and uses of governmental, educational, religious and noncommercial recreational natures are either permitted outright or are subject to special conditions intended to preserve and protect the residential character of this district.

   (B)   R-12 Residential District. The R-12 Residential District is intended as a single-family residential area with a low to medium population density. Certain structures and, uses of governmental, educational, religious and noncommercial recreational natures are either permitted outright or are subject to special conditions intended to preserve and protect the residential character of this district.

   (C)   R-8 Residential District. The R-8 Residential District is established as a district in which the principal use of land is for single-family, two-family and multi-family residences. The regulations of this district are intended to provide areas of the community for those persons desiring residence and multi-family structures in medium density neighborhoods. The regulations are intended to discourage any use which because of its character would interfere with the residential nature of this district.

   (D)   R-6 Residential District. The R-6 Residential District is established as a district in which the principal use of land is for single-family, two-family and multi-family residences. The regulations of this district are intended to provide areas in the community for those persons desiring small residences and multi-family structures in relatively high density neighborhoods. The regulations are intended to discourage any use which because of its character would interfere with the residential nature of this district. The R-6 District was in effect prior to the date of adoption of this Unified Development Ordinance and shall continue in effect for those areas following the date of adoption of this Unified Development Ordinance. It is the intention of the town that there will be no additional R-6 zoning.

   (E)   MFH I Manufactured Home District I. The MFH I Manufactured Home District I is established as a district in which the principal use of land is for double-wide manufactured homes Class “A.”

   (F)   MFH II Manufactured Home District II. The MFH II Manufactured Home District II is established as a district in which the principal use of land is for Class “B” manufactured homes.

   (G)   O/I Office and Institutional District. This district is established primarily for office and institutional uses which cause no offensive noises, odors, smoke, fumes, excessive traffic or other objectionable conditions. This district may serve as a buffer between residential and commercial/industrial districts.

   (H)   NB Neighborhood Business District. The regulations for this district are designed to permit a concentrated development of permitted facilities which are normally adjacent to non-federal highways and routinely adjacent to residential areas.

   (I)   HC Highway Commercial District. The HC Highway Commercial District is established primarily for those businesses that serve the traveling public, require large areas for displays of goods, and are not oriented to the pedestrian shopper.

   (J)   ID Industrial District. The ID Industrial District is established as a district in which the principal use of land is for industries which can be operated in a relatively clean and quiet manner and which will not be obnoxious to adjacent residential or business districts. The regulations are designed to prohibit the use of land for heavy industry, which should be properly segregated, and to prohibit any other use that would substantially interfere with the development of industrial establishments in the district.

   (K)   CRD Conservation Recreation District. This district is established as a district intended to preserve Carolina Shores’ essential open space areas, by protecting/preserving natural resources such as: floodplain areas, existing and proposed residential areas, recreational resources; and limiting impervious surfaces, thereby reducing stormwater runoff. Conservation zoning may be incorporated into surrounding developments. Large lot zoning for single-family residential development is conditionally allowed as an effective way to preserve natural and community open space resources.

   (L)   PRD Planned Residential District. A Planned Residential District (PRD) is planned and developed as an integral unit in a single development phase or several phases in accord with an initially approved development plan.

   (M)   AD Agricultural District. The purpose of this district is to provide for areas where the principal use of land is for low density residential and agricultural

purposes. The regulations of this district are intended to protect the agricultural sections of the community from an influx of uses likely to render them undesirable for farms and future residential development.

(Ord. eff. 9-6-2012, § 6.3; Am. Ord. 21-1, passed 9-17-2020)

   (A)   The large site conditional zoning district (CZD) allows a site to be developed with a mixture of land uses according to an approved overall site plan. For example, a large tract may be developed with a mix of single-family and multi-family housing, with part of the site also devoted to commercial and office uses. The CZD allows for greater flexibility in dimensional standards (such as lot sizes and setbacks) upon approval of an overall master plan for the entire development. The district does not require a rigid separation of different land uses. Uses are limited to the uses identified in § 91.74 Table of Permitted/ Special Uses. All of the site-specific standards and conditions, including a site plan, are incorporated into the zoning district regulations for the CZD. Approval of the site plan will establish all zoning requirements for the subject property. A large site CZD district shall not be less than three acres in area. Within the MLK-O overlay district, lots smaller than three acres in size may apply for CZD zoning.

   (B)   This negotiated approach to a legislative decision allows maximum flexibility to tailor regulations to a particular site and project. But it also has great potential for abuse - both in terms of impacts on individual landowners seeking approval and their neighbors and on the public interests zoning is supposed to promote. Thus, special restrictions have been placed on conditional zoning. Conditional Zoning Districts may only occur at the owner's request and cannot be imposed without the owner's agreement. The individual conditions and site-specific standards that can be imposed are limited to those that are needed to bring a project into compliance with town ordinances and adopted plans and to those addressing the impacts reasonably expected to be generated by use of the site. The town must assure that all of the factors defining reasonable spot zoning are fully considered and that the public hearing record reflects that consideration.

   (C)   Conditional zoning provides important opportunities to carefully tailor regulations to address the interest of the landowner, the neighbors, and the public. The town may use conditional zoning when it concludes that a particular project should be approved but that the standards in the comparable conventional zoning district(s) are insufficient to protect neighbors or public interests (perhaps because the conventional zoning allows other uses not suitable for the site or dimensional standards inadequate to preserve the neighborhood). Conditional zoning often allows a developer to proceed with a project in a way that addresses site-specific concerns of neighbors and the Town of Carolina Shores. The petitioner must consent in writing to all conditions imposed by the conditional zoning.

(Ord. 21-1, passed 9-17-2020)