This chapter of the Foxfire Village General Code shall be known as the Foxfire Village Unified Development Ordinance (UDO). The purpose of the UDO is to combine all regulations with respect to planning and development within the Foxfire Village planning jurisdiction into a single ordinance. The intent is that no development occurs within the jurisdiction before the development approvals called for by this regulation are applied for and granted. The purpose of this chapter is to promote the general health and welfare, to provide adequate light and air, reduce traffic congestion, prevent overcrowding of land, avoid undue concentration of the population, facilitate the adequate provision of transportation, sewerage, storm drainage, schools, parks, and other public requirements, conserve the value of buildings, protect the public water supply and encourage the most appropriate use of land within the corporate limits of the village and within the extraterritorial planning and zoning jurisdiction (ETJ) of the village.

(Ord. No. 2021-07, § 2, 7-13-2021)

This UDO is adopted per the authority vested in Foxfire Village, North Carolina by the General Assembly and General Statutes of North Carolina, particularly G.S. ch. 160D [G.S. 160D-103].

(Ord. No. 2021-07, § 2, 7-13-2021)

The provisions of this UDO apply within the corporate limits of Foxfire Village, North Carolina; and within the ETJ of the village as shown on the official zoning district map and as prescribed by the General Statutes of North Carolina [G.S. 160D-200-202].

(Ord. No. 2021-07, § 2, 7-13-2021)

It is not intended for this UDO to interfere with, abrogate, or annul any easements, covenants, or other agreements between parties; provided however, that where this UDO imposes greater restrictions upon the use of buildings or premises, or upon the height of buildings, or requires larger open spaces than are imposed or required by other ordinances, agreements, easements, or covenants, the provisions of this UDO shall govern. "Written" or "in writing" shall be deemed to include electronic documentation. Unless specified otherwise, in the absence of evidence to the contrary, delivery by first class mail shall be deemed received on the third business day following deposit of the item with the United States Postal Service and delivery by electronic mail shall be deemed received on the date sent. [G.S. 160D-110]. Unless otherwise provided by law, all rights, privileges, benefits, burdens and obligations, including vesting of rights, created by development approvals attach to and run with the land. [G.S. 160D-104]

(Ord. No. 2021-07, § 2, 7-13-2021)

No member of the village council, the planning and zoning board, nor the board of adjustment shall vote on any legislative decision or advisory decision regarding a development regulation adopted by this UDO where the outcome of the matter being considered is reasonably likely to have a direct, substantial, and readily identifiable financial impact on the member; nor shall such members vote on any zoning amendment if the landowner of the subject property or the applicant for a text amendment is a person with whom the member has a close familial, business, or other associational relationship [G.S. 160D-109(a) and (b)]. Additionally, no administrative staff member shall make a final decision on any administrative decision required by this UDO if the outcome of the 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. [G.S. 160D-109(c)]. In the case of a conflict, the decision will be made by the supervisor of the staff member with the conflict.

(Ord. No. 2021-07, § 2, 7-13-2021)

Permit choice rules as set forth in G.S. 143-755 shall apply to all development permit applications. If an applicant for a development permit submits an application for any type of development and a rule or ordinance is amended between the time the application is submitted and the development permit decision is made, the applicant may choose which version of the rule or ordinance will apply to the permit and use of the building, structure, or land indicated on the permit application. Development permits include all permits and approvals required prior to commencing development or undertaking a specific activity, project, or development proposal. [See G.S. 143-755(e)(2)]

Vested rights rules as set forth in G.S. 160D-108 and 108.1 shall apply to all development approvals. A vested right shall be deemed established with respect to any property upon valid approval, or conditional approval, of a site-specific development plan or a phased development plan. A site-specific vesting plan consists of a plan submitted in which the applicant requests vesting per G.S. 160D-108.1 describing with reasonable certainty the type and intensity of use for a specific parcel or parcels of property, and may include, but is not limited to, the following types of plans, a planned unit development, a subdivision plat, a development plan, a special use permit, a conditional district zoning plan, or other land use approval designation used by Foxfire Village. Such vested right shall confer upon the landowner the right to undertake and complete the development and use of said property under the terms and conditions of the site specific development plan or the phased development plan including any amendments thereto. The council may approve a site specific development plan or a phased development plan upon such terms and conditions as may reasonably be necessary to protect the public health, safety, and welfare. Such approval shall result in a vested right, although failure to abide by such terms and conditions will result in a forfeiture of vested rights. The Foxfire Village Council shall not require a landowner to waive his vested rights as a condition of development approval. A site-specific development plan or a phased development plan shall be deemed approved upon the effective date of the council's action. A vested right for a site-specific development plan shall remain vested for two years. A multi-phased development plan shall remain vested for a period of seven years. A vested right of reasonable duration may be specified in a development agreement.

A vested right, once established, precludes any zoning action which would change, alter, impair, prevent, diminish, or otherwise delay the development or use of the property as set forth in an approved site specific development plan or an approved phased development plan except:

(1)

With written consent of the affected landowner.

(2)

Upon findings that natural or manmade hazards on or in the immediate vicinity of the property, if uncorrected, would pose a serious threat to the public health, safety, and welfare if the project were to proceed as contemplated in the site specific development plan or the phased development plan.

(3)

To the extent that the affected landowner receives compensation for all costs, expenses, and losses incurred.

(4)

Upon findings that the landowner or his representative(s) intentionally supplied inaccurate information or made material misrepresentations which made a difference in the approval by Foxfire Village of the site specific development plan or the phased development plan.

(5)

Upon the enactment of a state or federal law or regulation that precludes development as contemplated in the site specific development plan or phased development plan.

A vested right for a site-specific or multi-phase development 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. The establishment of a vested right shall not preclude, change, or impair the authority of the village to adopt and enforce development regulation provisions governing nonconforming situations or uses.

(Ord. No. 2021-07, § 2, 7-13-2021)

If any section, subdivision, sentence, clause, or phrase of this UDO is for any reason held to be invalid by the courts, such decision shall not affect the validity of the remaining portions of this chapter. The Foxfire Village Council hereby declares that it has passed this chapter and each section, subsection, clause, and phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, or phrases be declared invalid.

(Ord. No. 2021-07, § 2, 7-13-2021)