The provisions of this article apply to all development within Foxfire Village and its extraterritorial planning and development jurisdiction (ETJ) and all development regulations adopted pursuant to this UDO. The provisions of this article also apply to any other ordinance that substantially affects land use and development. The provisions of this article are supplemental to specific provisions included in other articles of the UDO; and to the extent there is a conflict between the provisions of this article and other articles, the more specific provision shall control. [G.S. 160D-401]

No subdivision of land and no building or land shall hereafter be used and no building or part thereof shall be erected, moved, or altered except in conformity with the regulations herein specified for the district in which it is located, except as hereinafter provided in this UDO.

All new construction and uses of new construction and all new uses of land shall conform to the use, area, and character regulations for the district in which it is to be located.

(Ord. No. 2021-07, § 2, 7-13-2021)

The village zoning and watershed compliance administrator (zoning administrator) is hereby appointed and shall be responsible to develop, administer, and enforce development regulations with the assistance of other staff as may be appointed, from time to time, by the council.

(Ord. No. 2021-07, § 2, 7-13-2021)

The duties of the zoning administrator in addition to those set forth in article II, section 21-2-2, shall include, but are not limited to, drafting and implementing plans and development regulations for adoption; determining completeness of development applications; receiving and processing development applications; providing notices of applications and hearings; making decisions and determinations regarding development regulation implementation; conducting inspections; determining if applications for development meet applicable standards as established by law and local ordinance; issuing and denying certificates of compliance or occupancy; enforcing development regulations; keeping adequate records; and any other actions that may be required to enforce the laws and development regulations under village jurisdiction. [G.S. 160D-402]

(Ord. No. 2021-07, § 2, 7-13-2021)

No person shall commence or proceed with development within the Foxfire Village corporate limits or extraterritorial planning and zoning jurisdiction without first securing the required development approval from the village. A development approval shall be in writing. Applications for development approval may be made by the landowner, a lessee, or person holding an option or contract to purchase or lease land, or an authorized agent of the landowner. An easement holder may also apply for a development approval for such development as is authorized by the easement. [G.S. 160D-403]

(Ord. No. 2021-07, § 2, 7-13-2021)

Administrative development determinations shall be made by the Foxfire Village Zoning Administrator per the standards set forth in this UDO. Written notice of the determination shall be provided the applicant via personal delivery, electronic mail, or first class mail per G.S. 160D-403(b).

(Ord. No. 2021-07, § 2, 7-13-2021)

Unless a different period is specified by this UDO or other specific applicable law, a development approval, including one for a development agreement, expires one year after the date of issuance if the work authorized by the development approval has not been substantially commenced. A longer duration for a development approval may be specified for specific types of development approvals.

(Ord. No. 2021-07, § 2, 7-13-2021)

After a development approval has been issued, no deviations from the terms of the application or the development approval shall be made until written approval of the proposed changes has been obtained by the authority that issued the original development approval.

(Ord. No. 2021-07, § 2, 7-13-2021)

The zoning administrator is hereby authorized to enter premises within the jurisdiction of Foxfire Village and its extraterritorial planning and zoning jurisdiction to inspect work undertaken pursuant to a development approval to assure that the work is being done in accordance with state and local law and the terms of the development approval. In exercising this power, the zoning administrator is authorized to enter premises within the jurisdiction at all reasonable hours for the purpose of inspection or enforcement action, upon presentation of proper credentials, and provided the appropriate consent has been given for inspections of areas not open to the public or that an appropriate inspection warrant has been secured. [G.S. 160D-403(e)]

(Ord. No. 2021-07, § 2, 7-13-2021)

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 Foxfire Village development regulation or any state law delegated to the village for enforcement purposes; or for false statements or misrepresentations made in securing an approval. Any approval mistakenly issued in violation of any state or local law may also be revoked. A revocation shall be issued in writing, stating the reason for the revocation, and the revocation determination shall be made following the same review and approval process required for issuance of the approval. [G.S. 160D-403(f)]

No land shall be used or occupied and no building hereafter erected, structurally altered, added to, moved, any built-upon area enlarged, or its use changed until a certificate of zoning and watershed compliance shall be issued by the zoning administrator, except in conformity with the provisions of this UDO or except after written order from the board of adjustment. Fee for this permit may be obtained from the Foxfire Village Office.

A building permit cannot be issued by Moore County unless a zoning and watershed compliance certificate is issued by Foxfire Village.

A record of all certificates shall be kept on file in the Foxfire Village Office and copies shall be furnished upon request to any person having a proprietary or tenancy interest in the building or land involved.

(Ord. No. 2021-07, § 2, 7-13-2021)

No land may be cleared without obtaining a clearing permit from Foxfire Village. A fee, set by the Foxfire Village Council, shall be charged for the processing of such application. The adopted fee schedule shall be posted in the Foxfire Village Office.

(Ord. No. 2021-07, § 2, 7-13-2021)

Site improvements may not be installed without obtaining a site improvement permit from Foxfire Village. Site improvements include such items as water mains, underground power, streets, etc.

A fee, set by the Foxfire Village Council, shall be charged for the processing of such application. The adopted fee schedule shall be posted in the Foxfire Village Office.

(Ord. No. 2021-07, § 2, 7-13-2021)

Each application for a certificate of zoning and watershed compliance shall be accompanied by minimum of two bound sets of plans drawn to scale, one or more of which shall be returned to the applicant upon approval. The plan size shall not exceed 14 inches by 21 inches, 18 inches by 24 inches or 24 inches by 36 inches. The plans shall show the following:

(1)

Site plans.

a.

The shape and dimensions of the lot on which the proposed building or use is to be erected or conducted.

b.

The location of said lot with respect to adjacent rights-of-way.

c.

Erosion control structures and devices approved by the North Carolina Department of Environment and Natural Resources, Division of Water Quality.

d.

The location, size of all site improvements such as water lines, underground power, streets, etc., with details necessary for installation approved by North Carolina Department of Environment and Natural Resources, Division of Environmental Health, Public Water Supply Section.

e.

The shape, dimensions, and location of all buildings or alterations, existing and proposed, including walks, driveways, landscaping on said lot.

f.

The proposed use(s) of the buildings or land, including the extent and location of the use, on the said lot.

g.

The location and dimensions of off-street parking and loading space and the means of ingress and egress to such space.

h.

For building construction, building area to land area ratio.

i.

For the site, the built-upon area to land area ratio, with grading and drainage plan.

j.

Complete site plans showing; topography before and after construction of commercial, multi-family and planned unit developments, property boundaries, structure locations, setbacks to all boundaries, water lines, septic tank and drain field locations, landscaping, driveways and walks.

(2)

Septic system. Provide plans, approved by the Moore County Health Department, showing location and size of septic tank, location of primary and reserve drain field including the length and number of lines.

(3)

Architectural plans. Complete architectural plans, including floor plans, all elevations, roof plan, floor and roof framing plan, building sections in sufficient detail, with dimensions, to show all elements of construction, and any other information as may be required by the application form. Structural plans and details shall require the seal of a professional engineer registered in the state of North Carolina. The plans shall show all items required by the North Carolina Building Code.

A fee, set by the Foxfire Village Council, shall be charged for the processing of such application. The adopted fee schedule shall be posted in the Foxfire Village Office. In addition to the application fee, an applicant for a special use permit shall be required to reimburse the village for 100 percent of the costs incurred by the village to hire planning, legal, engineering, or other professional consultants to assist the village in reviewing and evaluating an application for such a permit. The village may require a deposit of the estimated cost of such fees before beginning the evaluation of an application for a special use permit. Additional deposits may be required if the initial deposit has been exhausted in the course of the review process. The village council may delay voting on the special use permit request until all fees have been paid. The applicant may request at any time and the village shall provide copies of statements for services submitted to the village by any consultants under this subsection. Any dispute as to the amount of fees owed to the village under this subsection shall be presented to and resolved by the village council.

The zoning administrator shall return one copy of the plans to the applicant, after she shall have duly stamped or marked said copy either as approved or disapproved and attested to same by affixing his signature thereto. The other copy of the plans, similarly stamped or marked shall be retained by the zoning administrator and filed in the Foxfire Village Office for a period of three years and may be destroyed thereafter.

(Ord. No. 2021-07, § 2, 7-13-2021)

No land shall hereafter be used or occupied and no building erected, altered, removed or changed in use until a certificate of occupancy shall have been issued by the Moore County Building Inspection Department stating that the building complies with the North Carolina Building Codes; and a certificate of occupancy from Foxfire Village stating that the building and/or proposed use complies with the provisions of this UDO.

If a building or structure stands vacant, or is not used for its intended purpose, for a period of more than two years the certificate of occupancy for that property shall be deemed to be void, and a new certificate of occupancy must be applied for and issued before the property can be occupied or used. A building or structure shall be deemed vacant if is unoccupied or unfurnished and there is no indication the owner intends to reoccupy the premises.

A record of all certificates of occupancy shall be kept on file in the Foxfire Village office. Copies may be furnished upon request to any person having a proprietary or tenancy interest in the building.

The zoning administrator shall keep accurate records of all special intensity allocations (SIA) which may be approved under the provisions of the Watershed Supply Watershed Overlay District, article VI, section 21-6-14.

(Ord. No. 2021-07, § 2, 7-13-2021)

If the zoning administrator shall find that any of the provisions of this chapter have been or are being violated, the person responsible for such violations shall be notified in writing, indicating the nature of such violation and ordering the action necessary to correct it. The Zoning Administrator shall order discontinuance of illegal use of land, buildings, or structures or of additions, alterations or structural changes thereto; [or] discontinuance of any illegal work being done; or shall take any other action authorized by this UDO to ensure compliance with or to prevent violations of its provisions.

The notice of violation shall be delivered to the holder of the development approval and to the landowner of the property involved, if the landowner is not the holder of the development approval, by personal delivery, electronic delivery, or first class mail and may be provided to the occupier of the property or the person(s) undertaking the work or activity in the same manner. [G.S. 160D-404 (a).

(Ord. No. 2021-07, § 2, 7-13-2021)

A stop work order shall be issued by the zoning administrator whenever any work or activity subject to regulation pursuant to state statute or the regulations of this UDO is undertaken in substantial violation of state or local law and this UDO, or in a manner that endangers life or property. The stop work 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 resume.

(Ord. No. 2021-07, § 2, 7-13-2021)

Violations of the provisions of this UDO subject the violator to both civil and criminal penalties and equitable remedies, including injunction and orders of abatement per G.S. 160A-175 and section 21-1-6 of the Foxfire Village Code. The village may seek to enforce this UDO using any one, all, or combination of available remedies.

(Ord. No. 2021-07, § 2, 7-13-2021)

Per G.S. 160D-405, the board of adjustment shall hear and decide appeals of the development determinations (including, but not limited to, certificates of watershed and zoning compliance, certificates of occupancy, permit approvals or denials) of the zoning administrator made pursuant to this UDO. Development determinations are written, final, and binding orders, requirements, or determinations regarding an administrative decision. The duties of the Foxfire Village Council shall not include the hearing and deciding on disputed questions that may arise in connection with the enforcement of this UDO, but the council shall have the duty of considering and passing upon any proposed amendments to or repeal of any portion or all of the UDO as provided by law.

(Ord. No. 2021-07, § 2, 7-13-2021)

Only persons that have standing per G.S. 160D-1402 may appeal to the board of adjustment. Such persons include the following:

(1)

Any person possessing any of the following criteria:

a.

An ownership interest in the property that is the subject of the decision being appealed, a leasehold interest in the property that is the subject of the decision being appealed, or an interest created by easement, restriction, or covenant in the property that is the subject of the decision being appealed.

b.

An option or contract to purchase the property that is the subject of the decision being appealed.

c.

An applicant before the decision-making board whose decision is being appealed.

(2)

Any other person who will suffer special damages as the result of the decision being appealed.

(3)

An incorporated or unincorporated association to which owners or lessees of property in a designated area belong by virtue of their owning or leasing property in that area, or an association otherwise organized to protect and foster the interest of the particular neighborhood or local area, so long as at least one of the members of the association would have standing as an individual to challenge the decision being appealed, and the association was not created in response to the particular development or issue that is the subject of the appeal.

(4)

The village council having decided that the development determination/approval improperly grants a variance from or is otherwise inconsistent with the proper interpretation of a development regulation adopted by the council.

(Ord. No. 2021-07, § 2, 7-13-2021)

An appeal is taken by filing a notice of appeal with the zoning administrator. The notice of appeal shall state the grounds for the appeal. An appeal must be filed with the zoning administrator within 30 days of receipt of the development determination which is the subject of the 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. Development determinations provided by first class mail are deemed, in the absence of evidence to the contrary, received on the third business day following deposit of the notice for mailing with the U.S. Postal Service. The board of adjustment shall hear and decide appeals within a reasonable time.

(Ord. No. 2021-07, § 2, 7-13-2021)

An appeal of a notice of violation or other enforcement order stays enforcement of the action appealed from and accrual of any fines assessed unless the zoning administrator certifies to the board of adjustment after notice of appeal has been filed that, because of the facts stated in an affidavit, a stay would cause imminent peril to life or property or, because the violation is transitory in nature, a stay would seriously interfere with enforcement of the development regulation. In that case, enforcement proceedings shall not be stayed except by a restraining order, which may be granted by a court. If enforcement proceedings are not stayed, the appellant may file with the official a request for an expedited hearing of the appeal, and the board of adjustment shall meet to hear the appeal within 15 days after such a request is filed.

Notwithstanding the foregoing, appeals of decisions granting a development approval or otherwise affirming that a proposed use of property is consistent with the development regulation shall not stay the further review of an application for development approvals to use such property; in these situations, the appellant or local government may request and the board of adjustment may grant a stay of a final decision of development approval applications, including building permits affected by the issue being appealed.

The parties to an appeal that has been made pursuant to this UDO may agree to mediation or some other form of alternative dispute resolution.

(Ord. No. 2021-07, § 2, 7-13-2021)

When a development determination or approval by the zoning administrator is appealed, the zoning administrator shall forward to the board of adjustment all documents and exhibits constituting the record upon which the determination/approval was made. The zoning administrator shall provide a copy of the record to the appellant and the owner of the property that is the subject of the appeal if the owner is not the appellant.

(Ord. No. 2021-07, § 2, 7-13-2021)

The board of adjustment shall conduct an evidentiary hearing and make a quasi-judicial decision on all appeals taken before the board. The village council shall conduct an evidentiary hearing and make a quasi-judicial decision on all special use permit applications and certificates of appropriateness. An evidentiary hearing gathers competent, material, and substantial evidence in order to make a quasi-judicial decision. Quasi-judicial decisions are made on variances, special use permits, certificates of appropriateness, and appeals of administrative determinations/approvals.

(Ord. No. 2021-07, § 2, 7-13-2021)

Notice of evidentiary hearings conducted pursuant to this UDO 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 of land that is the subject of the hearing; and to any other persons entitled to receive notice as provided by this UDO. In the absence of evidence to the contrary, the county tax listing is used 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 that same time period, the village 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.

The board of adjustment/council 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/council is not then present, the hearing shall be continued until the next regular board meeting without further advertisement.

(Ord. No. 2021-07, § 2, 7-13-2021)

The zoning administrator shall transmit to the board of adjustment or village council all applications, reports, and written materials relevant to the matter being considered. The administrative materials may be distributed to the members of the board/council prior to the hearing if at the same time they are distributed to the board/council a copy is also provided to the appellant or applicant and to the landowner if that person is not the appellant or applicant. The administrative materials shall become a part of the hearing record. The administrative materials may be provided in written or electronic form. Objections to inclusion or exclusion of administrative materials may be made before or during the hearing. Rulings on unresolved objections shall be made by the board/council at the hearing.

(Ord. No. 2021-07, § 2, 7-13-2021)

The applicant, the village, and any person who has standing to appeal the decision per section 21-3-5 shall have the right to participate as a party at the evidentiary hearing. A party has the right to present evidence, cross-examine witnesses, inspect documents, offer rebuttal evidence, and otherwise participate as a party at the hearing. Only persons with standing may participate as a party and present evidence. The zoning administrator shall be present at the evidentiary hearing as a witness. The appellant shall not be limited to the matters that are stated in the notice of appeal, but other relevant and material matters may be presented. If any party, including the village, would be prejudiced by the presentation of matters not presented in the notice of appeal. The board/council shall continue the hearing for a reasonable time to allow the party so prejudiced to prepare.

Objections regarding jurisdictional and evidentiary issues, including, but not limited to, the timeliness of an appeal or the standing of a party, may be made to the board/council chairperson. The board/council chair shall rule on any objections, and the chair's rulings may be appealed to the full board/council. 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.

Witnesses before the board/council will testify under oath. The board/council chair, or any member acting as the chair, is authorized to administer oaths to witnesses in any matter coming before the board/council. Any person who willfully swears falsely while under oath during a proceeding before the board/council, is guilty of a Class 1 misdemeanor.

(Ord. No. 2021-07, § 2, 7-13-2021)

The board of adjustment/council through the chair or, in the chair's absence, anyone acting as chair may subpoena witnesses and compel the production of evidence. To request issuance of a subpoena, the appellant, the village, and any person with standing per section 21-3-5 may make a written request to the chair explaining why it is necessary for certain witnesses or evidence to be compelled. The CHAIR shall issue requested subpoenas he or she determines to be relevant, reasonable in nature and scope, and not oppressive. The chair shall rule on any motion to quash or modify a subpoena. Decisions regarding subpoenas made by the Chair may be immediately appealed to the full board/council. If a person fails or refuses to obey a subpoena issued pursuant to this subsection, the board/council 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.

(Ord. No. 2021-07, § 2, 7-13-2021)

A majority of the members of the board of adjustment/council shall be required to decide any quasi-judicial matter, except for a variance, or to determine an appeal made in the nature of certiorari. For the purposes of this subsection, vacant positions on the board/council and members who are disqualified from voting on a quasi-judicial matter under sections 21-1-5 and/or 21-2-3 of this UDO shall not be considered members of the board/council for calculation of the requisite majority if there are no qualified alternates available to take the place of such members. The concurring vote of four-fifths of the board/council shall be necessary to grant a variance.

(Ord. No. 2021-07, § 2, 7-13-2021)

The board of adjustment/council shall determine contested facts and make its decision within a reasonable time. When hearing an appeal, the board/council may reverse or affirm, wholly or in part, or may modify the decision appealed from and shall make any order, requirement, decision, or determination that ought to be made. The board/council shall have all the powers of the zoning administrator, or other official who made the administrative determination. Every quasi-judicial decision shall be based upon competent, material, and substantial evidence in the record. Each quasi-judicial decision shall be reduced to writing, reflect the board's/council's determination of contested facts and their application to the applicable standards, and be approved by the board/council and signed by the chair or other duly authorized member of the board/council. A quasi-judicial decision is effective upon filing the written decision with the village clerk. The decision of the board/council shall be delivered within a reasonable time by personal delivery, electronic mail, or first-class mail to the applicant, landowner, and any person who has submitted a written request for a copy prior to the date the decision becomes effective. The person required to provide notice shall certify to the village that proper notice has been made, and the certificate shall be deemed conclusive in the absence of fraud.

(Ord. No. 2021-07, § 2, 7-13-2021)

Every board of adjustment/council quasi-judicial decision shall be subject to review by the superior court by proceedings in the nature of certiorari pursuant to G.S. 160D-1402. Appeals shall be filed within the times specified in G.S. 160D-1405(d), normally 30 days after the later of the effective date of the decision or the delivery of the written decision.

(Ord. No. 2021-07, § 2, 7-13-2021)

An applicant may apply for a variance from the provisions of a zoning or development regulation contained in this UDO to the board of adjustment, or to the village council in the case of a major subdivision. When unnecessary hardships would result from carrying out the strict letter of a zoning or other development regulation, the board of adjustment, or council when appropriate, shall vary any of the provisions of the regulation upon a showing of all of the following:

(1)

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

(2)

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.

(3)

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.

(4)

The requested variance is consistent with the spirit, purpose, and intent of the regulation, such that public safety is secured and substantial justice is achieved.

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.

(Ord. No. 2021-07, § 2, 7-13-2021)