Chapters 152, 153, 154 and 155 of the Havelock, North Carolina, Code of Ordinances are hereby repealed and amended by adding new or replacement chapters to be numbered as shown below, which shall read as follows within new Chapters 152 through 163.

 

(Ord. passed 7-25-2011)

   Chapters 152 through 163 and Appendices A through C of the code of ordinances shall be together known and may be cited as the “City of Havelock Unified Development Ordinance (UDO)”, except as referred to within Chapters 152 through 163, where it shall be known as “this UDO”.

(Ord. passed 7-25-2011)

   (A)   Enactment. This UDO is hereby enacted and shall be the Unified Development Ordinance (UDO) for the City of Havelock.

   (B)   Effective date. This UDO shall become effective on July 25, 2011, as adopted by the City of Havelock Board of Commissioners.

(Ord. passed 7-25-2011)

   (A)   General purpose. This UDO is designated in accordance with a comprehensive plan for the purpose of promoting the health, safety and general welfare of the residents of the city and the city’s municipal extraterritorial planning jurisdiction (ETJ) and to provide the economic, social and aesthetic advantages resulting from an orderly, planned use of land resources. This UDO shall govern the development and use of land and structures within the city corporate limits and the city’s ETJ. In particular, this UDO is designed to address the following objectives:

      (1)   Provide for the orderly growth and development of the area of the city and the municipal extraterritorial planning jurisdiction (ETJ);

      (2)   Minimize land use conflicts and encourage the most appropriate use of land throughout the city;

      (3)   Conserve the value of buildings and property;

      (4)   Preserve and enhance the desirable features of the city’s appearance and character;

      (5)   Protect public investments and facilitate the adequate provision of schools, sewer, water, transportation, parks, open space and other public requirements;

      (6)   Promote the overall economic welfare of the city;

      (7)   Facilitate compatible development within the vicinity of the Marine Corps Air Station (MCAS) Cherry Point;

      (8)   Protect the natural environment and other valuable resources; and

      (9)   Minimize public and private losses due to flooding by permitting only that development within the floodplain which is appropriate in light of the probability of flood damage and which represents a reasonable social and economic use of land in relation to the hazards involved.

   (B)   Specific purposes. More specific purposes concerning zoning, land subdivision, signs, landscaping and buffering, watershed protection and flood damage prevention are delineated in the individual chapters of this UDO that include provisions relating to these particular subjects.

(Ord. passed 7-25-2011)

   This UDO shall govern the use and development of land within the corporate limits of the city and the city’s extraterritorial jurisdiction (ETJ), together known as the “Havelock Planning and Zoning Jurisdiction”, as defined and delineated in §§ 30.35 through 30.37 of the code of ordinances.

(Ord. passed 7-25-2011)

   (A)   The provisions of this UDO are adopted under authority granted by the General Assembly to North Carolina cities (G.S. Chapter 160D). This UDO may be amended as required or allowed by subsequent legislative enactments.

   (B)   This UDO shall in no way regulate, restrict, prohibit or otherwise deter any bona fide farm and its related uses. Chapter 90 of the code of ordinances regulates the keeping of animals within the corporate limits of the city. Consequently, some animal operations may not be permitted within zoning districts that are located within the city’s corporate limits.

(Ord. passed 7-25-2011; Ord. 21-O-04, passed 6-28-2021)

   This UDO is not intended to repeal, abrogate, annul, impair or interfere with any existing easements, covenants, deed restrictions, agreements, rules, regulations or permits previously adopted or issued pursuant to law. However, no easements, covenants, deed restrictions or other private agreements shall constitute a basis for failing to comply with this UDO.

(Ord. passed 7-25-2011)

   (A)   Buildings, premises or structures shall not 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 UDO.

   (B)   Development which was approved prior to the effective date of this UDO and which does not comply with the provisions of this UDO shall be considered legally nonconforming.

   (C)   Modifications to and conversion of nonconforming uses shall be allowed pursuant to the requirements of Chapter 161.

   (D)   Nothing in this chapter shall be deemed to preclude voluntary compliance with the provisions of this UDO for development approved prior to the effective date of this UDO.

(Ord. passed 7-25-2011)

   (A)   It is the intention of the Board of Commissioners that this UDO implement the planning policies adopted by the Board of Commissioners for the city planning jurisdiction, as reflected in the city’s Comprehensive Transportation/Land Use Plan, CAMA Land Use Plan, land development plans, master plans and other pertinent planning documents. In reviewing map or text amendments to this UDO, plan consistency statements are required for the Planning Board and the Board of Commissioners.

   (B)   While the Board of Commissioners reaffirms its commitment that this UDO and any amendment to it be in conformity with adopted planning policies, the Board of Commissioners hereby expresses its intent that neither this UDO nor any amendment to it may be challenged on the basis of any alleged conflict or inconsistency with any planning document.

(Ord. passed 7-25-2011)

   Sufficient fees to cover the costs of permits, administration, inspection, publication of notice and similar matters shall be charged to applicants pursuant to the city fee schedule. The amount of the fees charged shall be set forth in the city’s budget or as established by resolution of the Board of Commissioners and filed in the offices of the City Planning and Inspections Department as well as in the office of the City Clerk, where they shall be available for public inspection during normal office hours. Fees established as outlined above shall be paid upon submission of a signed application.

(Ord. passed 7-25-2011)

   (A)   Invalidation. Should any section, sentence, clause, phrase or word of this UDO be held invalid or unconstitutional by a court of competent jurisdiction of either the state or the United States, the decision shall not affect, impair or invalidate the validity of the remaining parts of this UDO which can be given effect without the invalid provision.

   (B)   Prejudicial application. If any section, sentence, clause, phrase or word of this UDO be held invalid or unconstitutional in its application to a particular case, the decision shall not affect or prejudice its application to other cases.

   (C)   Lawful presumption. There shall be a conclusive presumption when a zoning administrator or board authorizes regulatory action, that the administrator or board would not have authorized that action except in the belief that the action was lawful.

   (D)   Legal status provisions.

      (1)   Effect on rights and liabilities under the prior Flood Damage Prevention Ordinance. This section in part comes forward by re-enactment of some of the provisions of the flood damage prevention ordinance enacted 4-28-1987 (original adoption date of the Flood Damage Prevention Ordinance) as amended, and it is not the intention to repeal but rather to re-enact and continue to enforce without interruption of the existing provisions, so that all rights and liabilities that have accrued thereunder are reserved and may be enforced. The enactment of this section shall not affect any action, suit or proceeding instituted or pending. All provisions of the Flood Damage Prevention Ordinance, enacted on 4-28-1987 (original adoption date of this UDO), as amended, which are not reenacted herein are repealed.

      (2)   Effect upon outstanding building permits. Nothing herein contained shall require any change in the plans, construction, size or designated use of any development or any part thereof for which a floodplain development permit has been granted by the Floodplain Administrator or his or her authorized agents before the time of passage of this section; provided, however, that when construction is not begun under the outstanding permit within a period of six months subsequent to passage of this section or any revision thereto, construction or use shall be in conformity with the provisions of this section.

(Ord. passed 7-25-2011)