1. This ordinance is adopted pursuant to the authority contained in North Carolina General Statutes, Chapter 160D, Article 18, and for the purpose of promoting the public health, safety, morals, and general welfare of the residents of the Town of Indian Trail.
2. This ordinance adopted for the purposes of:
   1. Protecting and promoting the public health, safety and general welfare;
   2. Implementing adopted plans and policies;
   3. Enhancing residents’ quality of life;
   4. Protecting the character of established residential neighborhoods;
   5. Maintaining economically vibrant as well as visually attractive business and commercial areas;
   6. Retaining and expanding the Town’s business and employment base;
   7. Promoting mixed-use, pedestrian-oriented development patterns;
   8. Accommodating pedestrian, bicycle and transit use;
   9. Maintaining orderly and compatible development patterns that promote an appropriate mix of land uses and protect and conserve property values;
   10. Ensuring adequate light, air, privacy, and access to property;
   11. Promoting environmentally responsible development practices;
   12. Promoting rehabilitation and reuse of older buildings;
   13. Maintaining a range of housing choices and options;
   14. Establishing clear and efficient development review and approval procedures; and
   15. Accommodating the orderly and beneficial development of all parts of the Town in accordance with the preceding purposes.
3. Whenever any provision of this ordinance refers to or cites a section of the North Carolina General Statutes and that section is later amended or superseded, the ordinance shall be deemed amended to refer to the amended section or the section that most nearly corresponds to the superseded section.

1. This Unified Development Ordinance (ordinance) applies to all development, public or private, within the corporate limits of Indian Trail, North Carolina unless otherwise exempted or provided for in this Zoning Ordinance.
2. Split Jurisdiction
   1. Exclusive planning and development regulation jurisdiction may be assigned if a parcel of land lies within the planning and development regulation jurisdiction of more than one local government.
   2. A mutual agreement between the jurisdictions involved pursuant to Article 20 of Chapter 160A and written consent of the landowner is required to assign the development regulation jurisdiction to one of the local governments.
   3. The mutual agreement shall only be applicable to development regulations and shall not affect taxation or other non-regulatory matters.
   4. For adoption and any remaining details, refer to G.S. 160D-203.
   
   

The provisions in this ordinance were adopted on February 9, 2021 and became effective on February 10, 2021.

1. The provisions of the ordinance are the minimum requirements deemed necessary to carry out the ordinance’s stated purpose and intent.
2. In addition to the requirements of the ordinance, all uses and development must comply with all other applicable Town, county, state, and federal regulations.
3. All new developments must comply with the Union County’s Adequate Public Facilities Ordinance adopted September 22, 2006 consistent with the memorandum of understanding between the Indian Trail Town Council and the Union County Board.
4. All references in the ordinance to other Town, county, state, or federal regulations are for informational purposes only and do not constitute a complete list of such regulations. These references do not imply any responsibility for the Town to enforce county, state or federal regulations.

1. Conflict with State or Federal Regulations If the provisions of this ordinance are inconsistent with those of the state or federal government, the more restrictive provision will control, to the extent permitted by law. The more restrictive provision is the one that imposes greater restrictions or more stringent controls.
2. Conflict with Other Town Regulations If the provisions of this ordinance are inconsistent with one another, or if they conflict with provisions found in other adopted ordinances or regulations of the Town, the more restrictive provision will control. The more restrictive provision is the one that imposes greater restrictions or more stringent controls.
3. Conflict with Private Agreements and Covenants This ordinance is not intended to interfere with, abrogate or annul any easement, covenant, deed restriction or other agreement between private parties. If the provisions of this ordinance impose a greater restriction than imposed by a private agreement, the provisions of this ordinance will control. If the provisions of a valid, enforceable private agreement impose a greater restriction than this the provisions of the private agreement will control. The Town does not enforce or maintain a record of private agreements.

1. The Town Council may issue an “authorization of exemption” from the provisions of this Ordinance for publicly owned, tax supported facilities when the following exists:
   1. A request for authorization of exemption is heard in a public meeting; and
   2. The Town Council determines the provisions would result in an undue hardship for the publicly owned, tax supported facility; and
   3. The exemption of the provisions would not result in a threat to the public health, safety, morals and general welfare of the residents of the Town of Indian Trail.
2. The following publicly owned facilities shall be deemed exempt by right from the provisions of this ordinance without the need for any exemption request or issuance of authorization of exemption by the Town Council:
   1. Union County Crooked Creek Wastewater Treatment Plant facility and any future onsite expansions to said facility located at 4015 Sardis Church Road and consisting of Tax Parcel Number 07066015B.

It is the intention of the Town Council that this ordinance implements the planning policies adopted by the Town Council for the Town as reflected in the Town of Indian Trail Comprehensive Plan. While the Town Council reaffirms its commitment that this ordinance and any amendment to it are in conformity with the adopted comprehensive plan, the Town Council hereby expresses its intent that neither this ordinance nor any amendment to it may be challenged on the basis of any alleged nonconformity with any planning document.

The language of the ordinance must be read literally. Regulations are no more or less strict than stated. Words defined in DIVISION 1600 have the specific meaning assigned, unless the context expressly indicates another meaning. Words that are not defined in DIVISION 1600 have the meaning given in the latest edition of Merriam-Webster’s Unabridged Dictionary.

1. The word "person" includes a firm, association, organization, partnership, corporation, trust, and company as well as an individual.
2. The word "lot" includes the word "plot" or "parcel" or “tract”.
3. The words "used" or "occupied" as applied to any land or building shall be construed to include the words "intended, arranged, or designed to be used or occupied".
4. The term "Town Council" shall mean the "Town Council of Indian Trail, North Carolina".
5. The term "Planning and Zoning Board" shall mean the "Planning and Zoning Board of Indian Trail, North Carolina".
6. The term "Street" shall mean any "road, street, roadway, alley, avenue, thoroughfare, boulevard, highway or interstate”.
7. 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.
8. Any reference to a Division or Chapter shall mean a Division or Chapter of this Ordinance, unless otherwise specified.
9. The term “Planning and Development Director”, shall mean the “Planning Director of Indian Trail, North Carolina” who is also the Zoning Administrator.
10. The term "Engineering Director" shall mean the "Engineering Director Indian Trail, North Carolina," who is also the Stormwater Administrator.
11. The term "days" shall mean "calendar days" unless stated otherwise.

Headings and illustrations are provided for convenience and reference only and do not define or limit the scope of any provision of this ordinance. In case of any difference of meaning or implication between the text of this ordinance and any heading, drawing, table, figure, or illustration, the text controls.

All references to other Town, county, state, or federal regulations in this ordinance refer to the most current version and citation for those regulations, unless expressly indicated otherwise. When the referenced regulations have been repealed and not replaced by other regulations, ordinance requirements for compliance are no longer in effect.

Whenever a provision appears requiring the head of a department or another officer or employee of the Town to perform an act or duty, that provision will be construed as authorizing the department head or officer to delegate that responsibility to others over whom they have authority. Delegation of authority is not allowed when the provisions of this ordinance expressly prohibit such a delegation.

Commentaries are sometimes included in the ordinance as a means of clarifying certain provisions or providing supplemental information. Text marked as “Commentary” has no regulatory effect. It is intended solely as a guide for administrative officials and the public. Commentaries may be added to the ordinance by the Planning Director without the need for a formal ordinance amendment.

Commentary: When commentaries are provided, they will appear in this manner.

1. Pursuant to 160D-501, a local government shall adopt and reasonably maintain a comprehensive plan as a condition of adopting and applying zoning regulations. The Town currently has an adopted comprehensive plan.
2. A comprehensive plan sets forth goals, policies, and programs intended to guide the present and future physical, social, and economic development of the Town based on an analysis of present and future needs. Planning analysis may address inventories of existing conditions and assess future trends regarding demographics, economic, environmental, and cultural factors.
   

1. A local government may prepare and adopt other plans as deemed appropriate.
2. Other plans may include, but is not limited to, land use plans, small area plans, neighborhood plans, hazard mitigation plans, transportation plans, housing plans, and recreation and open space plans.
3. Such plans shall be considered in review of proposed zoning amendments and development decisions based on the regulations in this ordinance.
   

1. Plans shall be adopted by Town Council with the advice and consultation of the Planning and Zoning Board.
2. Adoption and amendment of a comprehensive plan is a legislative decision and shall follow the process for zoning text amendments in Chapter 320.
3. A plan amendment and a zoning amendment may be considered concurrently pursuant to G.S. 160D-605(a).
4. When adopting or rejecting a proposed amendment, Council shall approve a brief plan consistency statement describing whether its action is consistent or inconsistent with the Comprehensive Plan. The requirement for this statement may also be met by making a clear indication in the meeting minutes as depicted under G.S. 160D-605.
5. The required statement of reasonableness and the plan consistency statement may be approved as a single statement or separately pursuant to G.S. 160D-605(c).
6. Plans shall be advisory in nature without independent regulatory effect and do not expand, diminish, or alter the scope of authority for development regulations adopted relative to the plans.
7. If a plan is deemed amended by a Town Council statement of reasonableness and/or plan consistency statement pursuant to G.S. 160D-605 by virtue of adoption of a zoning amendment that is inconsistent with the plan, that amendment shall be noted in the plan.
8. The Town may undertake planning activities in coordination with other governments, state agencies, or regional agencies pursuant to G.S. 160D-503.
   

For the purpose of this ordinance, portions of the Town, as specified on the Town’s Official Zoning Map are hereby divided into the following zoning districts:

Also known as base zoning districts, these represent the traditional residential, commercial, and industrial districts established above. They set uniform standards for uses in their district and are the governing standards unless overlaid with more restrictive standards as in the case of an overlay district. Note that the ordinance may include development standards that apply uniformly jurisdiction-wide rather than being applicable only in particular zoning districts pursuant to G.S. 160D-703 (d).

A map which shall show the boundaries of all zoning districts within the Town's planning jurisdiction shall be known as the Official Zoning Map. The location and boundaries of the zoning districts established by this ordinance are shown on a geographic coverage layer entitled “Zoning” that is maintained as part of the Town’s geographic information system (GIS) under the direction of the Planning Director. This “Zoning” geographic coverage layer constitutes the Town of Indian Trail’s official zoning map. The official zoning map—together with all notations, references, data and other information shown on the map— is adopted and incorporated into this ordinance. It is as much a part of this ordinance as if actually depicted within its pages. The following includes general provisions for the official zoning map:

1. The Official Zoning Map shall be generated in a digital format from which prints, or digital copies can be made, shall be kept in the Town Hall.
2. The Official Zoning Map is adopted and incorporated herein by reference. Amendments to this map shall be made and notice in accordance with Chapter 310.
3. Should the Official Zoning Map be lost, destroyed, or damaged, it can be generated in a digital format from which prints can be made, so long as no district boundaries are changed in this process.
   

1. The Planning Director is responsible for directing revisions to the official zoning map to reflect its amendment as soon as possible after the effective date of zoning map amendments (rezonings). No unauthorized person may alter or modify the official zoning map. The Director of Planning and Development may authorize printed copies of the official zoning map to be produced, and must maintain digital or printed copies of superseded versions of the official zoning map for historical reference.
2. Current and adopted zoning district maps shall be maintained for public inspection in the office or on the Town website in a digital, reproducible format pursuant to G.S. 160D-105 (a).
3. When zoning district boundaries are based on officially adopted or promulgated by state and federal agencies and if the regulation provides that the zoning district boundaries are automatically amended to remain consistent with any agency map changes, a copy of the currently effective version shall be maintained in paper or digital format pursuant to G.S. 160D-105 (b). Examples of such maps may include flood insurance rate maps and watershed boundary maps.

1. Where uncertainty exists as to the boundaries of any district shown on the Official Zoning Map, the Planning Director shall employ the following rules of interpretation:
   1. Centerline Where a boundary line lies within and follows a street right-of-way, a railroad right-of-way, or utility easement, the boundary shall be construed to be in the center of such street right-of-way, railroad right-of-way, or utility easement. If such a street right-of-way, railroad right-of-way, or utility easement forming the boundary between two separate zoning districts is abandoned or removed from dedication, the district boundaries shall be construed as following the edge of the abandoned or vacated street bed or utility easement.
   2. 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 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.
   3. Town Limits Boundaries indicated as approximately following town limits shall be construed as following the town limits.
   4. 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.
   5. Extensions Boundaries indicated as parallel to or extensions of street rights-of-way, channelized waterways, railroad rights-or-way, utility easements, lot lines, town limits, county lines, or extraterritorial boundaries shall be so construed.
   6. Scaling In a case 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.
   7. Interpretation In the event any uncertainty exists with respect to the intended boundaries as shown on the official zoning map, the Planning Director is authorized to interpret the boundaries. Where an individual is not in agreement with the interpretation, the Planning and Zoning Board convening as a quasi-judicial proceeding shall have the authority to hear appeals to said interpretation of zoning district boundaries in accordance with G.S. 160D-405 as per Chapter 230, "Planning and Zoning Board".

1. Mapping information officially adopted by state or federal agencies may be incorporated at times into the official zoning map pursuant to G.S. 160D-105. An example of such mapping is the flood-insurance rate maps (FIRMs).
2. The most recent officially adopted version of such mapping may be incorporated into the official zoning map with no need for an ordinance amendment.
3. If such agency mapping is used, the town must maintain a current effective map for public inspection in paper or digital format.
   

Complete applications that are pending approval before February 9, 2021 may be reviewed and approved in accordance with the ordinance in effect immediately before February 9, 2021. All development applications submitted on or after February 9, 2021 must be reviewed under the terms of this ordinance.

Any building, development or structure for which a final building permit was issued before February 9, 2021 may be completed in conformance with the issued building permit and other applicable permits and conditions, even if such building, development or structure does not fully comply with provisions of this ordinance. If building is not commenced and diligently pursued within the time allowed under the original permit or any extension granted, then the building, development or structure must be constructed, completed and occupied only in strict compliance with the standards of this ordinance.

Any violation of the previous ordinance will continue to be a violation under this ordinance and be subject to penalties and enforcement under DIVISION 1500, "Violations, Penalties and 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 Section 110.050. 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 Section110.050.

1. Any nonconformity under the previous ordinance will also be 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. The Planning Director has the discretion of declaring uses conforming that may have become unintentional non-conformities due to a change in nomenclature in this ordinance, or to a change in the new permitted use table found in DIVISION 500.
   

The original ordinance effective December 30, 2008 provided the following conversion table for zoning district classifications in effect before the effective date as follows: