This Ordinance shall be known as the "Unified Development Ordinance" of the Town of Highlands and may be referred to as "this UDO" or "this Ordinance".

1.2.1 General

For the purpose of promoting the health, safety, and general welfare, this Ordinance is adopted by the governing body to regulate and restrict the height, number of stories, and size of buildings and other structures; the percentage of each lot that may be occupied; the size of yards, courts, and other recreation and open spaces; the density of population; and the location, general design, appearance and use of buildings, structures and land for trade, industry, residence, or other purposes.

1.2.2 Zoning

The zoning regulations in this Ordinance are designed to lessen congestion in the roads; to secure safety from fire, and other dangers; to promote health and the general welfare; to provide adequate light and air; to preserve and improve the character of development in the Town of Highlands and to facilitate the adequate provision of transportation, water, sewerage, schools, parks, and other public requirements. The regulations have been made with reasonable consideration, among other things, as to the character of the jurisdiction and its areas and their peculiar suitability for particular uses, and with a view to conserving the value of buildings and encouraging the most appropriate use of land throughout the jurisdiction.

1.2.3 Subdivision

The purpose of this Ordinance is to establish procedures and standards for the development and subdivision of real estate within the corporate limits of the Town of Highlands in an effort to, among other things, insure proper legal description, identification, monumentation, and recordation of real estate boundaries; further the orderly layout and appropriate use of the land; provide suitable building sites which are readily accessible to emergency vehicles; assure the proper installation of streets and utilities; promote the eventual elimination of unsafe or unsanitary conditions arising from undue concentration of population; and help conserve and protect the physical and economic resources of the Town of Highlands and its environs.

The Board of Commissioners of the Town of Highlands, pursuant to the authority conferred by G.S. ch. 160D, any other applicable general or special statutes of the State of North Carolina does hereby ordain and enact into laws these articles and sections.

(Amend. of 6-17-21(1))

The provisions of this Ordinance shall apply within the entire corporate limits of the Town of Highlands ("the Town") and the entire extraterritorial area as may hereafter be brought within the purview of this article pursuant to law, which area of application shall be defined and established on the map entitled "Zoning Map of the Town of Highlands, North Carolina" ("the Zoning Map"), which is re-adopted simultaneously herewith or as the same may be amended from time to time.

The official copy of this Ordinance and Zoning Map shall be on record in the office of the Town Clerk and shall be available for public inspection during normal business hours at the Town office. The Town Clerk shall cause a certified copy of this Ordinance and Zoning Map to be recorded in the office of the Register of Deeds of Macon County and Jackson County.

A.

Zoning Map. Zoning district boundaries adopted pursuant to this Chapter shall be drawn on a map that is adopted or incorporated within a duly adopted development regulation. Zoning district maps that are so adopted shall be maintained for public inspection in the office of the Town Clerk or such other office as specified in the development regulation. The maps may be in paper or a digital format approved by the Board of Commissioners.

B.

Incorporation by Reference. Development regulations adopted pursuant to this Chapter may reference or incorporate by reference flood insurance rate maps, watershed boundary maps, or other maps officially adopted or promulgated by State and federal agencies. For these maps a regulation text or zoning map may reference a specific officially adopted map or may incorporate by reference the most recent officially adopted version of such maps. When zoning district boundaries are based on these maps, the regulation may provide that the zoning district boundaries are automatically amended to remain consistent with changes in the officially promulgated State or federal maps, provided a copy of the currently effective version of any incorporated map shall be maintained for public inspection as provided in subsection (a) of this section.

C.

Copies. Copies of the zoning district map may be reproduced by any method of reproduction that gives legible and permanent copies and, when certified by the Town Clerk in accordance with G.S. 160D-105, shall be admissible into evidence and shall have the same force and effect as would the original map.

(Amend. of 5-27-21(6))

It is the intention of the Board of Commissioners that this Ordinance implements the planning policies adopted by the Board for the Town, as reflected in the Highlands Comprehensive Plan, 1989-2009 and as periodically updated. While the Board reaffirms its commitment that this Ordinance and any amendment to it be in conformity with adopted planning policies, the Board hereby expresses its intent that neither this Ordinance nor any amendment hereto may be challenged on the basis of any alleged nonconformity with the Plan.

(Amend. of 9-14-22(1), § 7)

It is the intention of the Board of Commissioners that this Ordinance complement the other policies and ordinances, including, but not limited to, the Town of Highlands Public Works Specifications Manual, adopted by the Board for the Town, and as periodically updated. While the Board reaffirms its commitment that this Ordinance and any amendment to it be in conformity with these other policies and ordinances, the Board hereby expresses its intent that neither this Ordinance nor any amendment hereto may be challenged on the basis of any alleged nonconformity. See also Sec. 3.6, Other Departments.

(Amend. of 7-28-16(1))

1.8.1 Flood Damage Prevention Ordinance

The Town of Highlands Flood Damage Prevention Ordinance has been incorporated into this Ordinance in its entirety as a separate Article 16, Flood Damage Prevention Ordinance.

1.8.2 [Reserved]

It is the intention of the Board of Commissioners that this Ordinance may reference other documents approved by the Town, including but not limited to, the rules and procedures adopted by each Board and Commission, the recommended locally adapted and native species plant list and the official Color Chart adopted by the Board of Commissioners for the Town, and as periodically updated. While the Board reaffirms its commitment that these other documents will be in conformity with this Ordinance and any amendment to it, the Board hereby expresses its intent that neither this Ordinance nor any amendment hereto may be challenged on the basis of any alleged nonconformity. See also Sec. 3.6, Other Departments.

(Amend. of 7-28-16(1))

Nothing contained herein shall repeal, modify, or amend any Federal or State law or regulation, or any county ordinance or regulation pertaining thereto; nor shall any provision of this Ordinance amend, modify, or restrict any provisions of the Code of Ordinances of the Town of Highlands, North Carolina. Whenever the provisions of this Ordinance require more restrictive standards than are required in or under any statutes, the requirements of this Ordinance shall govern. Whenever the provisions of any statute require more restrictive standards than this Ordinance, the provisions of the statute shall govern.

1.11.1 General

This Ordinance is effective within each jurisdiction as of April 17, 2012. All ordinances in conflict are hereby repealed to the extent of their inconsistency. The ordinances repealed are the following:

A.

Town of Highlands Code of Ordinances Chapter 16, Zoning;

B.

Town of Highlands Code of Ordinances Chapter 14, Subdivisions; and

C.

All provisions of "An Ordinance Providing for Regulation of and Controlling Signs," as amended, which was originally adopted on January 1, 1984, and which has been reprinted in pamphlet form by the Town, with the exception of those provisions relating to outdoor advertising signs pursuant to Sec. 13.2.6, Nonconforming Signs, Item D, of this Ordinance.

1.11.2 Exemption

Notwithstanding the above, the provisions of Sec. 1.14, Transitional Provisions, shall govern the completion of approved permits, development plans, plats and other approvals specified therein, or completed applications for the same. Vested rights shall be determined in accordance with Sec. 4.21, Statutory Vested Rights Determination.

This Ordinance shall not repeal, abrogate, annul, impair, nor interfere with any existing subdivision, the plats of which are properly recorded in the Office of the Register of Deeds, prior to the effective date of this Ordinance, nor with existing easements, covenants, deed restrictions, agreements, or permits previously adopted or issued pursuant to law prior to the effective date of this Ordinance.

Should any section or provision of this Ordinance be declared invalid or unconstitutional by any court of competent jurisdiction, the declaration shall not affect the validity of this Ordinance as a whole or any part thereof that is not specifically declared to be invalid or unconstitutional.

1.14.1 Violations Continue

Any violation of previous zoning, subdivision, sedimentation and erosion control or flood hazard ordinances will continue to be a violation under this Ordinance and be subject to penalties and enforcement under this Ordinance unless the use, development, or activity complies, in its entirety, with the provisions of this Ordinance.

1.14.2 Prior Nonconformities and Grandfathered Uses

Any use, plan, building, or lot that was nonconforming or grandfathered under prior ordinances shall be considered a nonconformity under this Ordinance except as may be otherwise provided under Article 7, Nonconformities. The provisions of Article 7, Nonconformities, shall be applicable to all nonconformities. Uses, plans, buildings, or lots that were previously nonconforming or grandfathered that become conforming because of adoption of this Ordinance shall no longer be considered nonconformities provided that all applicable provisions of this Ordinance are complied with.

1.14.3 Effect of this Ordinance on Approved Plans and on Completed Applications

A.

Approved Site Plans, Plats, and Permits and Completed Applications.

1.

Completion of development under an approved site plan, preliminary plat, final plat, major or minor variances, special use permit, or building permit shall be governed by the ordinance under which the approval was granted.

2.

An application for a site plan, preliminary plat, final plat, major or minor variances, special use permit, building permit (if none of the preceding approvals are required), or development plan associated with a zoning map change that was administratively determined to be substantially complete as of the effective date as set forth hereinabove, shall be governed by the ordinance in effect at the time of submission if it complied with such ordinance at that time. The expiration and continuing validity of any such site plan, plat, or permit shall be governed by the previous ordinance.

3.

For property with a development plan approved under an ordinance in effect prior to adoption of this Ordinance, an application for a site plan, preliminary plat, final plat, major or minor variances, special use permit, or building permit that is substantially complete as of the effective date as set forth hereinabove, or within two (2) years of the date of development plan approval, whichever is later, shall conform to the approved development plan except that it shall comply with the provisions of this Ordinance adopted for environmental purposes, including but not limited to Article 12, Natural Resources and Environmental Protection, and all other applicable laws or ordinances adopted for environmental purposes.

B.

Timely Submission of Information. Applicants who have substantially completed applications as provided above shall comply with all requests for further information and submit all necessary revisions of submitted plans in a timely manner. A delay of more than ninety (90) days in submission of information or revisions requested shall constitute effective withdrawal of the application, with loss of all fees paid. Any new application shall then conform to the provisions of this Ordinance.

1.14.4 Violations in Progress

The prosecution of violations that occurred under previous ordinances shall continue until resolved.

In the event of a conflict between the text of these regulations and any caption, figure, illustration, or table, the text of these regulations shall control.