This Ordinance shall be officially known as the "Unified Development Ordinance of the Town of Emerald Isle, North Carolina" and may be referred to as the "Unified Development Ordinance", or "Development Ordinance" or "the UDO" or "this Ordinance".

This Ordinance shall become effective on (insert effective date).

The Legislature of the State of North Carolina has in Part 6, Article 21 of Chapter 143; Article 6 of Chapter 153A; Article 8 of Chapter 160A; and Articles 7, 9, and 11 of Chapter 160D (Effective January 1, 2021) of the North Carolina General Statutes, delegated to local governmental units the authority to adopt regulations designed to promote the public health, safety, and general welfare.

Therefore, the Board of Commissioners of the Town of Emerald Isle, North Carolina, does ordain as follows:

This Ordinance consolidates the Town's zoning, subdivision and other land development regulatory authority as authorized by the North Carolina General Statutes and is adopted pursuant to:

(1)

The authority granted to the Town by the General Assembly of the State of North Carolina;

(2)

The Town Charter;

(3)

The North Carolina General Statutes (G.S.) ch. 160A, art. 8; ch. 160A, art. 19, pts. 1, 3, 5, and 8; ch. 160A, pt. 175, ch. 160A, pt. 361; ch. 160A, pt. 385.1; ch. 143, art. 21, pt. 6; and ch. 14-4; Chapter 160D and relevant Articles;

(4)

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

(5)

Any special legislation enacted for the Town.

Whenever any provision of this Ordinance refers to or cites a section of the North Carolina General Statutes and that section is later amended or superseded, this Ordinance shall be deemed amended to refer to the amended section or the section that most nearly corresponds to the superseded section.

The purpose of this Unified Development Ordinance is to protect the public health, safety, and general welfare of the citizens and land owners of the Town, and to implement the policies and objectives of the Emerald Isle Land Use Plan. The intent of this Unified Development Ordinance is to:

(1)

Foster convenient compatible, and efficient relationships among land uses;

(2)

Lessen congestion in the streets;

(3)

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

(4)

Prevent the overcrowding of land and avoid undue concentrations of population;

(5)

Preserve the character and quality of residential neighborhoods while providing increased housing choices;

(6)

Facilitate the adequate provision of transportation, utilities, parks, recreation and other public uses;

(7)

Maintain and protect high quality aesthetic standards for development;

(8)

Conserve the value of buildings and land;

(9)

Conserve the natural resources and environmental quality of the Town and its environs; and,

(10)

Protect development and residents from flooding and other natural hazards.

The provisions of this Ordinance shall apply to the development of all land within the corporate limits unless it is expressly exempted by a specific section or subsection of this Ordinance. Notwithstanding the foregoing, in the event there is a conflict between the provisions of this Ordinance and the requirements of the North Carolina General Statutes, including but not limited to the requirements of Chapter 160D of the North Carolina General Statutes, the conflicting provisions of this Ordinance shall be superseded and supplanted by the requirements of the North Carolina General Statute(s).

Except as expressly stated in specific sections of this Ordinance, the provisions of this Ordinance shall apply to:

(1)

Development of land owned or held in tenancy by the Town or its agencies or departments;

(2)

Development by public colleges or universities;

(3)

State and county buildings in accordance with the standards in G.S. 160D-913;

(4)

To the full extent permitted by law, development of land owned or held in tenancy by the government of the United States, its agencies, departments or corporate services.

No structure or land shall be used and no part of a structure shall be located, erected, moved, reconstructed, extended, converted, demolished or structurally altered, without full compliance with the provisions of this Ordinance and all other applicable Town, state, and federal regulations.

(a)

Zoning regulations may not affect property used for bona fide farm purposes; provided, however, that this section does not limit zoning regulation with respect to the use of farm property for nonfarm purposes. Except as provided in G.S. 106-743.4 for farms that are subject to a conservation agreement under G.S. 106-743.2, bona fide farm purposes include the production and activities relating or incidental to the production of crops, grains, fruits, vegetables, ornamental and flowering plants, dairy, livestock, poultry, and all other forms of agriculture, as defined in G.S. 106-581.1. Activities incident to the farm include existing or new residences constructed to the applicable residential building code situated on the farm occupied by the owner, lessee, or operator of the farm and other buildings or structures sheltering or supporting the farm use and operation. For purposes of this section, "when performed on the farm" in G.S. 106-581.1(6) shall include the farm within the jurisdiction of the town and any other farm owned or leased to or from others by the bona fide farm operator, no matter where located. For purposes of this section, the production of a nonfarm product that the Department of Agriculture and Consumer Services recognizes as a "Goodness Grows in North Carolina" product that is produced on a farm subject to a conservation agreement under G.S. 106-743.2 is a bona fide farm purpose. For purposes of determining whether a property is being used for bona fide farm purposes, any of the following shall constitute sufficient evidence that the property is being used for bona fide farm purposes:

(1)

A farm sales tax exemption certificate issued by the Department of Revenue.

(2)

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

(3)

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

(4)

A forest management plan. A building or structure that is used for agritourism is a bona fide farm purpose if the building or structure is located on a property that (i) is owned by a person who holds a qualifying farm sales tax exemption certificate from the Department of Revenue pursuant to G.S. 105-164.13E(a) or (ii) is enrolled in the present-use value program pursuant to G.S. 105-277.3. Failure to maintain the requirements of this subsection for a period of three years after the date the building or structure was originally classified as a bona fide farm purpose pursuant to this subsection shall subject the building or structure to applicable zoning and development regulation ordinances adopted by a town pursuant to subsection (a) of this section in effect on the date the property no longer meets the requirements of this subsection. For purposes of this section, "agritourism" means any activity carried out on a farm or ranch that allows members of the general public, for recreational, entertainment, or educational purposes, to view or enjoy rural activities, including farming, ranching, historic, cultural, harvest-your-own activities, or natural activities and attractions. A building or structure used for agritourism includes any building or structure used for public or private events, including, but not limited to, weddings, receptions, meetings, demonstrations of farm activities, meals, and other events that are taking place on the farm because of its farm or rural setting.

(b)

County Zoning of Residential Uses on Large Lots in Agricultural Districts. - A county zoning regulation shall not prohibit single-family detached residential uses constructed in accordance with the North Carolina State Building Code on lots greater than ten (10) acres in size and in zoning districts where more than fifty percent (50%) of the land is in use for agricultural or silvicultural purposes, except that this restriction shall not apply to commercial or industrial districts where a broad variety of commercial or industrial uses are permissible. A zoning regulation shall not require that a lot greater than ten (10) acres in size have frontage on a public road or town-approved private road or be served by public water or sewer lines in order to be developed for single-family residential purposes. (G.S. 160D-903)

(1)

All development approvals must be provided in writing; in either print or electronic form. If the electronic form is used, then it must be protected from further editing. (G.S. 160D-403(a))

(2)

All development approvals run with the land. (G.S. 160D-104)

(3)

For revocation of a development project, the same process that was used for approval must be followed. (G.S. 160D-403(f))

(1)

The Emerald Isle CAMA Land Use Plan, as amended from time to time, shall serve as the basic policy guide for the administration of this Ordinance in the Town, and any other geographic areas specifically addressed by the CAMA Land Use Plan. All references to the CAMA Land Use Plan shall include any amendments to the plan after the effective date of this Ordinance.

(2)

All development and redevelopment within the Town shall comply with the applicable provisions of the adopted CAMA Land Use Plan. Amendments to the text of this Ordinance and/or rezoning of land may be required in order to ensure compliance with this Section 1.6.1.

In addition to the Land Use Plan, all development applications should be in conformance with any applicable plans adopted by the Board of Commissioners.

If the provisions of this Ordinance are inconsistent with one another, or if the provisions of this Ordinance conflict with provisions found in other adopted codes or ordinances of the Town, the more restrictive provision shall govern unless the terms of the provisions specify otherwise.

If the provisions of this Ordinance conflict with the provisions of private easements, covenants, or restrictions, the stricter of the requirements shall apply. The Town shall not be responsible for monitoring or enforcing private covenants and restrictions, although the Town may inquire as to whether land is subject to covenants and restrictions during the review of development applications.

If the provisions of this Ordinance are inconsistent with the law or regulations of the state or federal government, the more restrictive provision shall control, to the extent permitted by law.

Nothing in this Ordinance is intended to repeal, supersede, annul, impair, or interfere with any existing private agreements or vested rights previously adopted or issued pursuant to all applicable laws.

The Official Zoning District Map designates the location and boundaries of the various base zoning districts, overlay zoning districts, and municipal corporate boundaries. The Official Zoning District Map shall be kept on file in the office of the Planning Director and is available for public inspection during normal business hours. The original official version of the map shall be certified by the Town Clerk, and shall bear the seal of the Town. It may be kept in either hardcopy or digital form. It shall be the final authority as to the status of the current zoning district classification of land in the Town, and shall only be amended in accordance with this Ordinance.

The Official Map of Zoning Districts, all the notations on that map, and any related maps are hereby incorporated by reference and made part of this Ordinance. All previous maps shall be kept in either hardcopy or digital form.

The Board of Adjustment shall be responsible for interpretations of the Official Zoning District Map pursuant to Section 2.2.3(4)(B).

Changes made in zoning district boundaries or other matters portrayed on the Official Zoning District Map shall be made in accordance with Section 2.4.1, Text and Map Amendments. Changes shall be entered on the Official Zoning District Map by the Planning Director promptly after the amendment has been approved by the Board of Commissioners.

(a)

If a zoning map amendment is approved that is not consistent with the map; then the future land use map is deemed amended when an inconsistent zoning is approved. (160D-605(a))

(b)

For a future land use map that is deemed amended, if it is a CAMA plan, then such amendment is not effective until it goes through the CAMA plan amendment process. (160D-605(a))

(c)

The Planning Board must adopt a statement of reasonableness for zoning map amendments; for such statements may consider factors noted in the statutes. The Planning Board may adopt a statement of reasonableness for zoning text amendments. (160D-605(a).

Upon the effective date of this Ordinance, land that is zoned with a zoning district classification from the previous Code of Ordinances shall be re-classified or translated to one of the zoning district classifications in this Ordinance as set forth in Chapter 3: Zoning Districts.

Pursuant to G.S. 160D-102, 160D-100(d) and not withstanding any other provision of this Ordinance, a landowner may apply for a site specific development plan approval that shall entitle said landowner to develop land in accordance with the site specific development plan. The procedure for establishing a vested right is set forth in Section 2.4.14, Statutory Vested Rights.

A common law vested right applies to a development that is under construction prior to a zoning change in which the change may adversely effect the development of the project. A common law vested right is established only when each of the four (4) tests is met:

(1)

The owner has made substantial expenditures towards the project; and

(2)

The expenditures were made in good faith; and

(3)

The expenditures were made in reliance on valid governmental approval; and

(4)

The owner would be harmed without the vested right.

When a phased development is involved, the common law vesting only applies to that phase of the project in which development has started at the time of the ordinance change, unless the expenditures cannot be allocated by phases. The remaining phases not under construction will need to apply for statutory vesting in order to obtain a vested right.

If an application made in accordance with local regulation is submitted for a development approval required pursuant to this Chapter and a development regulation changes between the time the application was submitted and a decision is made, the applicant may choose which version of the development regulation will apply to the application. If the development permit applicant chooses the version of the rule or ordinance applicable at the time of the permit application, the development permit applicant shall not be required to await the outcome of the amendment to the rule, map, or ordinance prior to acting on the development permit. This section applies to all development approvals issued by the State and by local governments. The duration of vested rights created by development approvals is as set forth in Section 1.9.3. (160D-108(b))

If any section, subsection, sentence, boundary, clause, or phrase of this Ordinance is for any reason held by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remaining portions of this Ordinance. The Board of Commissioners hereby declares that it would have passed this Ordinance and any section, subsection, sentence, boundary, clause, and phrase of this Ordinance, even though any one or more sections, subsections, sentences, boundaries, clauses, or phrases might in the future be declared invalid.

The current Chapters 13, 16, 18, 19 and 20 in their entirety, as well as applicable sections of Chapter 17, of the Town Code are hereby repealed and replaced in their entirety with this Unified Development Ordinance (UDO). Upon adoption, this UDO will be codified as Chapter 13 of the Town Code.

Editor's note— At the direction of the Town, the Unified Development Code has been codified as Appendix A.