This Ordinance is enacted and shall be the Unified Development Ordinance for Guilford County, effective November 19, 2020.

All ordinances, or portions thereof, of Guilford County, which relate to zoning, subdivision, and land use which are inconsistent with the provisions of this Ordinance, are repealed to the extent of such inconsistency.

The provisions of this Ordinance shall apply to all the territory encompassed in Guilford County, North Carolina herein referred to as "the Jurisdiction" except for those areas within incorporated municipalities and their extraterritorial jurisdiction, and property owned by the Greensboro-High Point-Winston-Salem Airport Authority. This Ordinance shall govern the development and use of land and structures therein, except for bona fide farm land and structures as provided for by North Carolina General Statutes, namely G.S. § 160D-903.

If for any reason property is found to be unzoned or de-annexed, the County shall initiate an original zoning map amendment for the property. Such zoning shall be established within sixty (60) days of discovery of the property becoming unzoned. Zoning must be established before any development of the property can occur. The property owner may initiate a zoning map amendment (rezoning) at any time after the County has established original zoning.

In the interpretation and application of this Ordinance, all provisions shall be the minimum requirements, unless otherwise stated, and allowed neither to limit nor repeal any other powers granted under state statutes.

If any federal or state law or any other existing ordinance or regulation allows lesser regulation, this Ordinance shall govern, so that in all cases the more restrictive limitation or requirement shall govern. Whenever regulations imposed by this Ordinance are less restrictive than regulations imposed by any governmental authority through regulation, rule or restriction, the regulations imposed by that authority shall govern. Regardless of any other provision of this Ordinance, no land shall be developed or used, and no structure shall be erected or maintained in violation of any state or federal regulation.

All calculations that result in a part or fraction of a whole number shall be rounded up to the next highest whole number, unless otherwise provided in this Ordinance.

1. 1.
   Congregate Care Facilities and Private Dormitories: For the purpose of calculating density for congregate care facilities and private dormitories, two (2) bedrooms shall be the equivalent to one (1) dwelling unit.
2. 2.
   Single-Room Occupancy (SRO) Residences: For the purpose of calculating density for SRO residences, a rooming unit of less than one hundred and fifty (150) square feet shall be equivalent to one-half (1/2) a dwelling unit and a rooming unit of one hundred and fifty (150) square feet or more shall be equivalent to one (1) dwelling unit.

The figures provided in this Ordinance are designed to provide a visual explanation to selected sections of the Ordinance. If any illustration appears to be in conflict with the text of the Ordinance, the text shall govern.

Words not defined in this Ordinance shall be given their ordinary and common meaning.

1. 1.
   For the purposes of this Ordinance, the following rules of construction shall apply:

   1. a.
      Tense. Words used in the present tense include the future tense.
   2. b.
      Singular and Plural. Words used in the singular number include the plural number, and the plural number includes the singular number, unless the context of the particular usage clearly indicates otherwise.
   3. c.
      Mandatory Meaning. The words “shall,” “will,” and “must” are mandatory.
   4. d.
      Gender. Words used in the male gender include any and all genders.

No building, premises, or structure shall be constructed, erected, modified, converted, occupied, placed, maintained or moved, and no land use shall be commenced, maintained, or modified except as authorized by this Ordinance.

Nothing in this Section shall allow the prevention of voluntary compliance with the provisions of this Ordinance for development approved prior to the effective date of this Ordinance.

Except as herein provided, no applicable permit shall be issued or granted that does not conform to the requirements of this Ordinance. Developments which have received approval or a building permit prior to the effective date of this Ordinance, may proceed in accordance with such approval or permit while such approval or permit remains in effect.

1. 1.
   The Jurisdiction is divided into zones, or districts, as established in Subsec. 4, Zoning Districts.
2. 2.
   The location and boundaries of zoning districts established by this UDO are shown and maintained under the direction of the Planning and Development Director as part of the County’s Geographic Information System (GIS). The zoning GIS layer constitutes Guilford County’s Official Zoning Map and is part of this UDO. All notations, references, and other information shown shall have the same force and effect as if fully described in this UDO.

1. 1.
   At the direction of the Board of County Commissioners, the Planning and Development Director is authorized to revise the official zoning map. No unauthorized person may alter or modify the Official Zoning Map.
2. 2.
   All changes to the Official Zoning Map shall be identified by updating the original computer digital data of each change, together with the date of the change.
3. 3.
   Districts incorporated by reference to State or Federal designated boundaries per G.S. § 160D-105(b).

In addition to maintaining the zoning GIS layer, a hard copy of the official zoning map and changes to the data will be kept by the Planning and Development Department.

1. 1.
   Where uncertainty exists as to the boundaries of any district shown on the Official Zoning Map, the following rules shall apply:

   1. a.
      Lot Line. Boundaries indicated as approximately following lot lines shall be construed as following such lot lines. If a district boundary line divides a lot or tract, each part of the lot or tract so divided shall be used in conformity with the regulations established by this Ordinance for the district in which said part is located.
   2. b.
      Watercourses. Boundaries indicated as approximately following the centerlines of streams, rivers, canals, lakes, or other bodies of water shall be construed to follow such center lines.
   3. c.
      Watersheds. Outer boundaries of General Watershed Area districts indicated as approximately following ridge lines or streets shall be construed to follow ridge lines (the actual drainage basin boundaries). Watershed Critical Area district outer boundaries not forming the inner boundaries of General Watershed Area districts shall be construed in the same manner. Boundaries between General Watershed Area districts and Watershed Critical Area districts indicated as approximately following major landmarks (identifiable major features) such as streets shall be construed to follow the centerlines of such features or, where applicable, the projections of the centerlines of such features.
   4. d.
      County Line. Boundaries indicated as approximately following County lines shall be construed as following the County line.
   5. e.
      City Limits. Boundaries indicated as approximately following city limits or extraterritorial boundary lines shall be construed as following the city limits or extraterritorial boundary lines.
   6. f.
      Centerline. Where a boundary line lies within and follows a street or alley right-of-way, a railroad right-of-way, or utility easement, the boundary shall be construed to be in the center of such street or alley right-of -way, railroad right-of-way, or utility easement. If such a street or alley right-of-way, railroad right-of-way, or utility easement forming the boundary between two (2) separate zoning districts is abandoned or removed from dedication, the district boundaries shall be construed as following the centerline of the abandoned or vacated road bed or easement.
   7. g.
      Edge Line. Where a boundary line follows the edge of a street or alley right-of-way, a railroad right-of-way, or utility easement, the boundary shall be construed to be in the edge of such street or alley right-of -way, railroad right-of-way, or utility easement. If such a street or alley right-of-way, railroad right-of-way, or utility easement forming the boundary between two (2) separate zoning districts is abandoned or removed from dedication, the district boundaries shall be construed as following the edge of the abandoned or vacated road bed or utility easement.
   8. h.
      Extensions. Boundaries indicated as parallel to, or as extensions of street or alley rights- of-way, channelized waterways, railroad rights-of-way, utility easements, lot lines, city limits, county lines, or extraterritorial boundaries, shall be so construed.
   9. i.
      Scaling. Where a district boundary does not coincide with any boundary lines as above and no distances are described by specific ordinance, the boundary shall be determined by the use of the scale appearing on the map. In the case of Flood Zones, Corps of Engineers work maps, if available, shall be used for scaling.

Where existing or man-made features on the ground are at variance with those shown on the Official Zoning Map, or are not covered by Section 1.11.A, Boundary Interpretation, the Board of Adjustment shall interpret the district boundary.

1. 1.
   If any portion of the territory subject to County jurisdiction under this Ordinance shall be annexed by a municipality, or taken into a municipality's extraterritorial jurisdiction by act of the General Assembly, or in accordance with G.S. § 160D, County regulations and powers or enforcement shall remain in effect until:

   1. a.
      The municipality has adopted regulations for said annexed or extraterritorial area; or
   2. b.
      A period of sixty (60) days has elapsed following the effective date of annexation or extension of extraterritorial jurisdiction.

Per G.S. § 160D, complete applications before the effective date of this ordinance may be reviewed and approved in accordance with the ordinance in effect immediately before November 19, 2020. All development applications submitted on or after November 19, 2020 must be reviewed under the terms of this Ordinance. Plans approved prior to November 19, 2020 shall have (two) 2 years to obtain the permit prior to expiration.

Under G.S. § 160D-108, if development regulations change between the time a permit application is submitted and a decision on that application is made, the applicant may choose which version of the development regulation will apply to the application.

Any violation of the previous Development Ordinance will continue to be a violation under this Ordinance and be subject to penalties and enforcement under Subsec. 10 – Enforcement. If the use, development, construction, or other activity that was a violation under the previous ordinance complies with the express terms of this ordinance, enforcement action will cease, except to the extent of collecting penalties for violations that occurred before the effective date specified in this ordinance. The adoption of this ordinance does not affect nor prevent any pending or future prosecution of, or action to abate, violations of the previous ordinance that occurred before the effective date specified in this Subsection.

1. 1.
   Any nonconformity under the previous ordinance also will be a nonconformity under this Ordinance, as long as the situation that resulted in the nonconforming status under the previous regulation continues to exist. If, however, a nonconforming situation under previous zoning regulations becomes conforming because of the adoption of this Ordinance, or any subsequent amendment to it, then the situation will no longer be considered a nonconformity. A situation that did not constitute a nonconforming situation under the previously adopted ordinance does not achieve nonconforming status under this Ordinance merely by repeal of the previous ordinance.
2. 2.
   The Planning and Development Director has discretion of declaring uses conforming that may have become unintentional non-conformities due to a change in language in this Ordinance, or to a change in the new permitted use table found in Subsec. 4.

1. 1.
   Upon the effective date of this Ordinance, land zoned under the Zoning Districts from the previous ordinance shall be reclassified to one of the Zoning Districts outlined in Subsec. 4.
2. 2.
   PD-R, PD-M, and Conditional Use Districts approved under the previous ordinance shall be transitioned to Conditional Zoning Districts and may develop in accordance with the conditions granted under the previous approvals as outlined in the Transition Table in Subsec. 4, Section 4.2.
3. 3.
   Conditional Zoning Districts approved per the previous Development Ordinance(s) may develop in accordance with the conditions granted under such approvals and in accordance with Section 4.2.

1. 1.
   Developments approved under the previous ordinance may be carried out under the terms, conditions, and development standards in effect at the time of approval, provided that either:

   1. a.
      No more than twelve (12) months have passed since the date of approval.
   2. b.
      Substantial work has commenced.
2. 2.
   If the prior approval becomes invalid for any reason, any subsequent development of the site shall be subject to the procedures and standards of this Ordinance.

Should any section, sentence, clause, phrase, or word of this Ordinance be held invalid or unconstitutional by a Court of competent jurisdiction of either the State of North Carolina or the United States, such decision shall not affect, impair, or invalidate the validity of the remaining parts of this Ordinance which can be given effect without the invalid provision.

If any section, sentence, clause, phrase, or word of this Ordinance be held invalid or unconstitutional in its application to a particular case, such decision shall not affect or prejudice its application to other cases.

There shall be a conclusive presumption when an Administrative Officer or board authorizes regulatory action, that such officer or board would not have authorized such action except in the belief that such action was lawful.