The regulations set forth in this chapter affect all land, every building, and every use of land and/or building, and shall apply as follows.

   (A)   New uses or construction. All new construction or use of land shall conform to the use and dimensional requirements for the district in which it is to be located.

   (B)   Existing conforming situations. Land or structures, or the use of land or structures, which then conform to the regulations for the district in which it is located may be continued, provided that any structural alterations or change in use shall conform with the regulations herein specified.

   (C)   Existing nonconforming situations. After the date of adoption of zoning at the location of the nonconformity, pre-existing lots, structures, or uses which would be prohibited under the regulations for the district in which it is located shall be considered as nonconforming. Nonconforming situations may be continued, provided they conform to the provisions in § 153.131.

(Ord. passed 10-17-2011)

   (A)   Principal buildings per lot. 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 a lot except in the following cases:

      (1)   Multifamily residential developments, including condominiums, townhomes, planned unit developments, and shopping centers as approved and permitted in accordance with this chapter;

      (2)   One secondary residence when placed in such a way that both the secondary and primary residences meet all of the dimensional lot requirements of the applicable zoning district; and/or

      (3)   As expressly allowed as part of an approved special use permit for uses provided in the “Table of use types and regulations” found in § 153.105(B), issued by the county’s Board of Adjustment, more than one principal building may be located on a lot.

   (B)   Required yards not to be used by another building. The minimum yards or other open spaces required by this chapter for each and every building hereafter erected, moved, or structurally altered shall not be encroached upon by or considered as meeting the yard or open space requirements of any other building.

(Ord. passed 10-17-2011; Res. passed 6-18-2012; Res. passed 11-16-2020)

   The following regulations shall apply to accessory buildings and/or structures.

   (A)   No accessory building shall be erected in any required yard or within five feet of any other building.

   (B)   Accessory buildings not exceeding 600 square feet may be permitted in the required side and rear yards provided such accessory buildings are at least five feet from any property line and do not encroach into any required easements.

   (C)   Accessory buildings not exceeding 50 square feet and used exclusively to house well and pump equipment may be permitted in the required front, side, and rear yards, provided such accessory buildings are at least five feet from any property lines and do not encroach into any required easements or sight angles.

   (D)   An accessory building may be located on another contiguous or non-contiguous lot from the principal use with which it is associated, only to the extent that the principal use itself would also be permitted on such lot.

   (E)   In no case shall a manufactured home, or cargo or trailer portion of a motor vehicle be used as an accessory structure for storage.

   (F)   Portable storage units for residential purposes:

      (1)   Temporary portable storage units may be located within the required front yard for no more than 60 days;

      (2)   Portable storage units shall be permitted in rear or side yards only. Additional portable storage units shall be permitted in the rear or side yard(s) only and shall not be visible from the public rights-of-way; and/or

      (3)   No more than two accessory structures shall be located on lots of 10,000 square feet or less, and the total square footage of accessory structure(s) shall not exceed the total square footage of the principal structure.

(Ord. passed 10-17-2011; Res. passed 10-17-2016)

   (A)   Public access to property. No building, structure, or use of land other than for agricultural purposes shall be established on a lot which does not abut a street, road, or other public way having a right-of-way meeting standards of NCDOT or having access via a minimum 30-foot easement or private street meeting the standards of § 153.151.

   (B)   Curb cuts giving access to public right-of-ways. Construction of curb cuts for purposes of ingress or egress to property abutting a public right-of-way shall be approved by NCDOT, where the curbs affect access to state right(s)-of-way. Provisions for all access work done on state right-of-way are subject to approval by NCDOT.

   (C)   Corner visibility. In all zoning districts, there shall be no obstruction to visibility on any corner lot two feet above the level of the centerline of the street in a triangular area bounded by the street right-of-way line on such corner lots and a base line joining points along right-of-way lines 25 feet from the intersection right-of-way corner.

(Ord. passed 10-17-2011)

   The height limitations of this chapter shall not apply to belfries, spires, monuments, chimneys, smokestacks, water towers, flagpoles, television and radio masts, aerials, and similar structures.

(Ord. passed 10-17-2011)

   (A)   Authority.

      (1)   Street address numbers assigned by the county’s E-911 Addressing Department are recognized by the United States Postal Service as mailing addresses.

      (2)   Street address numbers, subdivision names, and road names on file with E-911 Addressing shall be the official street address numbers.

   (B)   Jurisdiction. E-911 Addressing shall assign street address numbers in all areas of the county not within the jurisdiction of a municipality, unless otherwise requested. The municipalities of Angier, Coats, Erwin, and Lillington have requested that E-911 Addressing assign all street address numbers within the jurisdictions.

   (C)   General.

      (1)   Street address numbers will be assigned every 5.28 feet from the beginning point of each street. The only exception will be existing municipal streets.

      (2)   The center point of the county shall be the intersection of N.C. 27, N.C. 210, U.S. 401, and U.S. 421 in the Town of Lillington city limits. The center point shall be the beginning point for major roads such as N.C. 27, N.C. 210, U.S. 401, and U.S. 421. The roads that cross the center point shall be addressed with respect to direction (east, west, north, and south). For example, N.C. 27 shall be N.C. 27 W in areas west of Lillington and N.C. 27 E in areas east of Lillington, and U.S. 421 shall be U.S. 421 N in areas north of Lillington and U.S. 421 S in areas south of Lillington.

      (3)   For numbering purposes, each road within the county’s jurisdiction has a standard beginning point which shall be zero. Exception to this regulation shall be made in cases of municipal streets and/or conflicts with other counties or postal boundaries.

      (4)   Even street address numbers will be assigned to right side of the road and odd street address numbers will be assigned to the left side of the road, as one would stand with their back toward the beginning point.

   (D)   Assignment of address.

      (1)   General address assignments.

         (a)   All structures shall be addressed relative to their position on a named road. Structures which are facing a named road shall be addressed with the number which falls closest to the front door of that structure or unit.

         (b)   Structures that are more than 100 feet from a named road shall be addressed where the driveway intersects the named road.

         (c)   Structures not visible from the named road shall be addressed where the driveway intersects the named road.

      (2)   Corner lot address assignment. Structures on corner lots shall be assigned multiple street address numbers. A street number shall be assigned for each named road that abuts the lot. The permanent street address number will be determined before the certificate of occupancy is issued using the method outlined above. Street address numbers that are not used shall be purged from the system.

      (3)   Multifamily address assignment.

         (a)   One street address number shall be assigned to each multifamily structure. Each unit within the structure shall be assigned a unit designator, which shall be a number and shall not include alphabetic characters.

         (b)   Unit designators shall be as follows.

            1.   Lowest floor level unit numbers shall be as follows: 101, 102, 103, and the like;

            2.   Next floor level unit numbers shall be as follows: 201, 202, 203, and the like; and

            3.   Unit designators on all floor levels shall be assigned in the same manner.

   (E)   Display of address.

      (1)   Display provisions.

         (a)   The owner(s) of any addressable structure shall post the approved street address number on the structure for the purpose of health, safety, and general welfare of the citizens of the county. It shall be the responsibility of the property owner(s) to ensure that the display of the street address numbers is properly maintained.

         (b)   The height of the street address number displayed on a single-family dwelling or detached residential structure shall be a minimum of three inches.

         (c)   The height of the street address number displayed on a multifamily dwelling or nonresidential structure shall be a minimum of six inches.

         (d)   Street address numbers shall be of a contrasting color to the background so that they are clearly visible.

         (e)   The street address number shall be displayed on the structure in a location clearly visible from the public or private right(s)-of-way or dedicated access easement day and night.

         (f)   When the structure is not clearly visible or is more than 100 feet from the named road, the street address number shall be displayed at the driveway that serves the structure. The display shall be perpendicular to the roadway and shall be clearly visible from both directions of the public or private right(s)-of-way or dedicated access easement day and night.

         (g)   The street address number shall be displayed on both sides of the mailbox and on the mailbox door when mail is delivered to the structure by the United States Postal Service.

         (h)   E-911 Addressing shall have the right to authorize and approve alternate methods of displaying street address numbers which meet the intent of this chapter when strict adherence to these standards cannot reasonably be met.

      (2)   Display enforcement.

         (a)   No structure shall receive a certificate of occupancy until a street address number has been issued by the E-911 Addressing Department and that street address number is properly displayed as described herein.

         (b)   Property owner(s) or residents of a structure already constructed shall properly display the street address number as described in compliance with this chapter.

         (c)   Property that does not comply with the requirements set forth herein shall be considered a violation of this chapter.

   (F)   Subdivision naming. In no case shall the proposed name for subdivision duplicate or be phonetically similar to existing subdivisions within the jurisdiction of the county. Additionally, the use of initials, acronyms, letters, numbers, and Roman numerals in subdivision names is prohibited.

      (1)   E-911 Addressing shall approve and maintain subdivision names in all areas of the county not within the jurisdiction of a municipality. As part of the request to provide street address numbers from the municipalities of Angier, Coats, Erwin, and Lillington, the county’s E-911 Addressing Department shall approve and maintain subdivision names within those jurisdictions.

      (2)   A subdivision name change fee shall be determined by the county’s Board of Commissioners. This is an administration fee for changing the name in all county systems.

   (G)   Street naming and signs.

      (1)   Street names.

         (a)   E-911 Addressing shall approve and maintain road names in all areas of the county not within the jurisdiction of a municipality, unless otherwise requested. As part of the request to provide street address numbers from the municipalities of Angier, Coats, Erwin, and Lillington, the county’s E-911 Addressing Department shall approve and maintain road names within the jurisdictions.

         (b)   Road names shall be named, renamed, and/or approved in accordance with the road naming guidelines and G.S. § 153A-239.1.

         (c)   Any access, easement, driveway, or pathway, whether public or private, with three or more addressable structures shall be named.

         (d)   All streets not on an approved, recorded subdivision plat shall be approved in accordance with this section.

            1.   Streets within the unincorporated areas of the county shall be presented in a public hearing to the county’s Board of Commissioners for approval.

            2.   Streets within the municipal areas of the Town of Angier shall be presented in a public hearing to the Town of Angier Board of Commissioners for approval.

            3.   Streets within the municipal areas of the Town of Coats shall be presented in a public hearing to the Town of Coats Board of Commissioners for approval.

            4.   Streets within the municipal areas of the Town of Erwin shall be presented in a public hearing to the Town of Erwin Board of Commissioners for approval.

            5.   Streets within the municipal areas of the Town of Lillington shall be presented in a public hearing to the Town of Lillington Board of Commissioners for approval.

      (2)   Street name petition.

         (a)   Street name petition fee shall be determined by the county’s Board of Commissioners. This is an administration fee for researching and processing the petition and advertisement of a public hearing, and is therefore nonrefundable. This fee shall be paid when the subdivision/street name application is submitted.

         (b)   New street names created shall adhere to the street naming guidelines and shall be subject to the street name petition fee, unless the street is being created through the subdivision process.

         (c)   New street names created due to E-911 Addressing mandates shall be exempt from the street name petition fee.

         (d)   Property owners, developers, or petitioners changing the name of existing streets shall adhere to the street naming guidelines and shall be responsible for the street name petition fee.

         (e)   Proposed street name changes shall be agreed to by a minimum of 75% of the property owners directly affected by the change. Each tax parcel shall have one vote regardless of the number of property owners for that tax parcel.

         (f)   The county shall not be responsible for any expenses associated with the street naming or street renaming. Any cost for address changes shall be the responsibility of the property owner(s) or resident(s).

         (g)   Once a street has been named or renamed, there shall be a five-year waiting period before a subdivision/street name application can be filed. If the street name was approved through the subdivision process the five-year period will begin from the subdivision approval date for that phase, if applicable. If the street name was approved by the county’s Board of Commissioners, the five-year period will begin from the county’s Board of Commissioners approval date.

      (3)   Street signs.

         (a)   All named roads in the county shall be identified by a sign showing the official name of that road. Signs should be installed according to the Manual of Uniform Traffic Control Devices (MUTCD) and any other applicable local, state, and federal regulations.

         (b)   Street name sign fees shall be determined by the county’s Board of Commissioners. This fee shall cover the material and labor cost to create and install the sign.

         (c)   Street name signs shall be a standard color, size, and design, as approved by E-911 Addressing. The sign background color shall be green and the characters and borders shall be white. A yellow tab indicating “Private Road” may only be used on streets that are not state maintained and are not part of any recorded subdivision plat, unless otherwise approved by this chapter.

         (d)   Property owners, developers, or petitioners creating new streets or changing the name of existing streets shall be responsible for the street name sign fee. Street name sign fees shall be paid before a subdivision plat can be recorded and before any street address numbers are issued.

         (e)   All street name signs in the unincorporated areas of the county shall be approved, installed, and maintained by E-911 Addressing.

(Ord. passed 10-17-2011; Ord. 2022-03, passed 1-18-2022)

   (A)   Subdivision phasing.

      (1)   General. Subdivisions may be developed by sections or phases. Each section shall be submitted as a final plat to be recorded in the office of the Register of Deeds. However, the initial preliminary plat shall show all sections or phases of the subdivision.

      (2)   Phase site. Each phase or section of development within a major subdivision shall contain a minimum number of seven lots.

      (3)   Alteration to phasing. Whenever a change is proposed in phase ordering, the preliminary plat shall be revised and submitted in accordance with the procedures of this chapter.

   (B)   Phase numbering. Phases shall be identified in consecutive numerical titles and an easily recognizable order, as identified on approved preliminary and/or master plan(s). If further divisions are necessary, phase numbering shall generally follow standard outline format.

   (C)   Lot numbering. Lots shall be numbered in consecutive order, beginning in the first phase of a subdivision and continuing through each additional phase. That is, the lot number of a consecutive phase shall follow the final lot number of the previous phase of a subdivision.

(Ord. passed 10-17-2011)

   (B)   Contents of development agreement.

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

         (a)   A legal 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 service 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;

         (e)   A description, where appropriate, of any reservation or dedication of land for public purposes and any provisions to protect environmentally sensitive property;

         (f)   A description of all local development permits approved or needed to be approved for the development of the property together with a statement indicating that the failure of the agreement to address a particular permit, condition, term, or restriction does not relieve the developer of the necessity of complying with the law governing their permitting requirements, conditions, terms, or restrictions;

          (g)   A description of any conditions, terms, restrictions, or other requirements determined to be necessary by the county for the public health, safety, or welfare of its citizens; and/or

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

      (2)   A development agreement may provide that the entire development or any phase of it be commenced or completed within a specified period of time. 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 G.S. Chapter 160D but shall be judged based upon the totality of the circumstances. The development agreement may include other defined performance standards to be met by the developer. The developer may request a modification in the dates as set forth in the agreement. Consideration of a proposed major modification of the agreement shall follow the same procedures as required for initial approval of a development agreement.

      (3)   If more than one local government is made party to an agreement, the agreement shall specify which local government is responsible for the overall administration of the development agreement.

      (4)   The development agreement also may cover any other matter not inconsistent with this section.

   (C)   Recordation of agreement. Within 14 days after a local government enters into a development agreement, the developer shall record the agreement with the county’s Register of Deeds. The burdens of the development agreement are binding upon, and the benefits of the agreement shall inure to, all successors in interest to the parties to the agreement.

   (D)   Periodic review. Periodic review is required to assess compliance with agreement, material breach by developer, notice of breach, cure of breach, and/or modification or termination of agreement.

      (1)   Procedures established pursuant to G.S. Chapter 160D shall include a provision for requiring periodic review by the Administrator or other appropriate officer of the county at least every 12 months, at which time the developer shall be required to demonstrate good faith compliance with the terms of the development agreement.

      (2)   If, as a result of a periodic review, the county finds and determines that the developer has committed a material breach of the terms or conditions of the agreement, the county shall serve notice in writing, within a reasonable time after the periodic review, upon the developer 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 county unilaterally may terminate or modify the development agreement; provided, the notice of termination or modification may be appealed to the Board of Adjustment.

   (E)   Validity and duration of development agreement. A development agreement entered into prior to change of jurisdiction, or subsequent modification or suspension of regulation shall remain valid.

      (1)   Except as otherwise provided by this section, any development agreement entered into by a local government 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 county 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)   A local government assuming jurisdiction may modify or suspend the provisions of the development agreement if the county determines that the failure of the county to do so would place the residents of the territory subject to the development agreement, or the residents of the county, or both, in a condition dangerous to their health or safety, or both.

   (F)   Amendment or cancellation of development agreement. A development agreement may be amended or canceled by mutual consent of the parties to the agreement or by their successors in interest.

(Ord. passed 10-17-2011; Res. passed 11-16-2020)

   The following shall establish requirements and guidelines for those developments including a homeowners association (HOA) or any similar entity.

   (A)   A copy of the recorded organizational papers and by-laws shall be submitted at the final plat review stage to the Development Review Board for review and approval. Such organizational papers and by-laws shall be applied to the entire development.

   (B)   The homeowners association shall be established before the homes or units are sold.

   (C)   Membership shall be mandatory for each buyer, and any successive buyer.

   (D)   The developer or any subsequent developer shall manage the homeowners association, which shall be responsible for all maintenance of the development, until 60% of all units to be sold are sold.

   (E)   The homeowners association shall be managed on a nonprofit basis; however, nothing herein shall be construed to prohibit the payment of a fair market management fee to the developer.

   (F)   The developer shall have the right to maintain control of and manage the homeowners association for the following periods:

      (1)   Until 98% of the total dwelling units planned are conveyed to residents;

      (2)   For 10 years from the date that the first plat in the development is recorded plus one year for each 50 units planned in excess of 100 units; or

      (3)   For 50 years from the date that the first plat in the development is recorded, whichever shall first occur.

   (G)   The developer, or development owner, shall pay all fees levied by the homeowners association on any improved lot which it owns and for which a final plat has been recorded in the county’s Register of Deeds, just as any other lot owner.

   (H)   The homeowners association shall be responsible for liability insurance, payment of local taxes, and maintenance of recreational open space and other facilities. Any dues or fees levied by the homeowners association that remain unpaid, shall become a lien on the individual property. The homeowners association shall be able to adjust the assessment to meet changing needs.

(Ord. passed 10-17-2011)

   All major subdivisions shall install school bus stop facilities and locations as approved by the county schools. The developer shall provide appropriate safe and facilitative movement for the bus and pedestrians. This location shall allow for adequate car parking and/or stacking so as not to block any existing ingress or egress, or to damage private property. These requirements shall be implemented at the time of final plat approval for each phase of the subdivision.

(Ord. passed 10-17-2011; Res. passed 4-16-2011)