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Kings Mountain City Zoning Code

156.120.01 Minor Subdivision

  1. (A)
    Applicability. In order to provide for an expedited review, Minor and Family Subdivisions are divisions of property that include up to five lots in the project design. Lots are served by frontage on an existing public road or by a new public or private road that is created during the design and review process for the Minor Subdivision. New private roads are subject to a recorded maintenance agreement.
  2. (B)
    Sketch Plan Submission Requirements.
    1. (1)
      Recommended Pre-Application Conference. During the Pre-Application Conference as stated in 156.100.03, Common Review Procedures, the applicant and Director shall discuss a sketch plan. The Director shall also advise the applicant, when appropriate, to discuss the proposed subdivision with those officials who must eventually approve those aspects of the subdivision plat coming within their jurisdiction.
    2. (2)
      Notice of Approval, Approval with Conditions, or Denial. The Director, upon consultation with the Director of Public Works, shall issue either the Notice of Approval, Approval with Conditions, or Denial not later than 35 days after the date on which the sketch plat was submitted to the Director.
      1. (a)
        Approval and Approval with Conditions.  The Director shall issue a Notice of Approval only if the sketch plan complies with this UDO. The approval shall include, as appropriate, recommended changes in the sketch plat to be incorporated into the Preliminary Plan. Subsequent to an approval, the applicant may proceed directly to the filing of an application for approval of a Preliminary.
      2. (b)
        Approval Duration.  The applicant shall have 18 months from the date that the sketch plan is approved to submit a final plat, after which time a new sketch plan must be submitted for approval.
      3. (c)
        Denial.  The Director shall issue a Notice of Denial if the sketch plan is determined to not meet the standards of this UDO.  Upon receiving a notice of denial the applicant may appeal to Planning and Zoning Board within 30 days of the Administrator's decision to deny the subdivision application. The Planning and Zoning Board shall review the application, and shall affirm or reverse the decision of the Director. The applicant shall have 18 months from the date that the sketch plan is approved to submit a final plat, after which time a new sketch plan must be submitted for approval.
    3. (3)
      Sketch Plan Scale. Sketch plats shall be drawn to a convenient scale of not more than 100 feet to an inch. Supporting information required by this section may allow for a larger scale. 
  3. (C)
    Preliminary Plat Submission Requirements.
    1. (1)
      Submittal.  Upon receiving a Notice of Approval or Approval with Conditions a Preliminary plat shall be Filed
    2. (2)
      Notice of Approval, Approval with Conditions, or Denial. The Director, upon consultation with the Director of Public Works, shall issue either the Notice of Approval, Approval with Conditions, or Denial not later than 30 days after the date on which the sketch plan was submitted to the Director.
      1. (a)
        Approval. The Director shall issue a Notice of Approval upon a determination that the Preliminary Plat complies with all applicable laws governing the subdivision of land in this UDC or a Notice of Approval with Conditions including, as appropriate, recommended changes in the Preliminary Plat to be incorporated into the final plat. Subsequent to an approval or approval with conditions, the applicant may proceed directly to the filing of an application for approval of a final plat. 
      2. (b)
        Approval Duration.  The applicant shall have 18 months from the Notice of Approval to record all a Final plat of all or part of the area shown on a Preliminary Plat with the Office of the Register of Deeds. If there is a lapse of more than 18 months between the recording of sections or phases, the subdivision Administrator shall require the resubmittal of the unrecorded portion as a Sketch Plan or Preliminary Plat.
      3. (c)
        Denial.  The Director shall issue a Notice of Denial if the sketch plan is determined to not meet the standards of this UDO.  Upon receiving a notice of denial the applicant may appeal to Planning and Zoning Board within 30 days of the Administrator's decision to deny the subdivision application. The Planning and Zoning Board shall review the application, and shall affirm or reverse the decision of the Director.
  4. (D)
    Final Plat Submission Requirements. Submission of a Final Plat may be in the form of:
    1. (1)
      Preliminary Plat Conformance. The Final Plat shall comply in all respects with the Preliminary Plat.
    2. (2)
      Final Plat Approval. The Director, upon consultation with the Director of Public Works or their designee, shall render a determination as to whether the plat is approved, approved with conditions or denied pursuant to the provisions of this Section and NCGS §160D-804.  No Final Plat shall be approved for recording until:
      1. (a)
        All required Subdivision improvements have been installed and approved or until the subdivider supplies an appropriate Guarantee of Installation as provided for in Section 156.70.04.B, Installation and Guarantees.
      2. (b)
        The Final Plat is in substantial agreement, as determined by the subdivision Administrator, with the approved Preliminary Plat. Final Plats not in substantial agreement shall be resubmitted as Preliminary Plats.
    3. (3)
      Timing or Review.  The application shall be processed within 30 days after the receipt of the plat. 
    4. (4)
      Certification of Final Plat. Upon determination that the Final Plat meets the standards of this UDO and is in conformance with the Preliminary Plat, the Director and the Director of Public Works or their designee shall certify such approval by signing the plat.
    5. (5)
      Notice of Denial.  The Director shall advise the subdivider of a denial of the Final Plat with a written Notice of Denial and shall include the reasons for the denial.  Upon receiving a notice of denial the applicant may appeal to Planning and Zoning Board within 30 days of the Administrator's decision to deny the subdivision application. The Planning and Zoning Board shall review the application, and shall affirm or reverse the decision of the Director.
    6. (6)
      Recording a Final Plat. Within 30 days of Final Plat approval, the applicant shall file the plat with the Register of Deeds.  No Final Plat shall be regarded as finally approved until such Plat shall be recorded.  After the Final Plat is recorded:
      1. (a)
        Individual lots created on the plat may be sold or otherwise conveyed by reference to the Plat;
      2. (b)
        Certificates of occupancy may be authorized to be issued provided all improvements have been installed and inspected and approved by the subdivision Administrator; and
      3. (c)
        The subdivider shall provide the subdivision Administrator with a certified copy of the recorded final.
  1. (E)
    Special Provisions for Family Subdivisions.  The Subdivision Administrator may allow the creation of up to three additional lots in a calendar year period from an existing lot of record at the effective date of this UDO that meets the following.
    1. (1)
      Approval Process.  The Family Subdivision shall be approved by the Minor Subdivision process outlined in Section 156.120.01, Minor Subdivision.
    2. (2)
      Total Number of Lots.  No more than seven lots from the original parcel may be approved under the provisions of this ordinance by the Administrator. The lots created under this subsection shall meet the following requirements:
      1. (a)
        Each lot that does not front on a public Street shall be connected to a public Street by a minimum 50 foot recorded easement upon which the lot has a minimum of 50 feet of frontage on the easement;
      2. (b)
        Not more than three lots shall be created which have sole frontage on any one easement. Any required setbacks shall be measured from the easement; and
      3. (c)
        Each easement shall originate with a connection to a public street and no easement shall be longer than 500 feet when measured from the public street. 
    3. (3)
      Denial of a Family Subdivision.  The subdivision administrator may disapprove a final plat of a Family Subdivision if he finds that the creation of the subdivision is intended to circumvent the purpose and intent of this ordinance.

Effective on: 1/1/1901

156.120.02 Major Subdivision

  1. (A)
    Applicability. Major Subdivisions are divisions of property that:
    1. (1)
      Create more than five lots;
    2. (2)
      Are located on the property of greater than 10 acres; or
    3. (3)
      Lots are served by a new public or private road that is created during the design and review process for the Subdivision. 
  2. (B)
    Sketch Plan Submission Requirements.
    1. (1)
      Recommended Pre-Application Conference. During the Pre-Application Conference as stated in 156.90.03, Common Review Procedures, the applicant and the Development Services Director shall discuss a sketch plan. The Development Services Director shall also advise the applicant, when appropriate, to discuss the proposed subdivision with those officials who must eventually approve those aspects of the subdivision plat coming within their jurisdiction.
    2. (2)
      Notice of Approval, Approval with Conditions, or Denial. The Director of Development Services shall issue either the Notice of Approval, Approval with Conditions, or Denial, not later than 30 days after the date on which the Sketch Plan were submitted to the Director of Development Services.
      1. (a)
        Denial. The Development Services Director shall issue a Notice of Denial of the Sketch Plan are determined to not meet the standards of this UDO. Upon receiving a notice of denial the applicant may appeal to the Planning and Zoning Board within 30 days of the Development Services Director's decision to deny the subdivision application. The Planning and Zoning Board shall review the application, and shall affirm or reverse the decision of the Development Services Director.
      2. (b)
        Approval with Conditions. The Development Services Director shall issue a Notice of Approval with Conditions only if the Sketch Plan complies with this UDO. The Notice of Approval with Conditions should include all necessary changes required for Sketch Plan Approval.
      3. (c)
        Approval. The Development Services Director shall issue a Notice of Approval only if the Sketch Plan complies with this UDO.
        1. (i)
          Approval Duration. The applicant shall have 18 months from the date of the Notice of Approval of the Sketch Plan to submit a Preliminary Plat and Construction Documents to the Development Services Director.
  3. (C)
    Preliminary Plat Submission Requirements.
    1. (1)
      Submittal.  Upon receiving a Notice of Approval of the Sketch Plan   a Preliminary Plat with construction documents shall be submitted. 
    2. (2)
      Notice of Approval, Approval with Conditions, or Denial. The Director of Development Services shall issue either the Notice of Approval, Approval with Conditions, or Denial, not later than 45 days after the date on which the Preliminary Plat and Construction Documents were submitted to the Director of Development Services
      1. (a)
        Denial. The Development Services Director shall issue a Notice of Denial of the Preliminary Plat and Construction Documents are determined to not meet the standards of this UDO. Upon receiving a notice of denial the applicant may appeal to the Planning and Zoning Board within 30 days of the Development Services Director's decision to deny the subdivision application. The Planning and Zoning Board shall review the application, and shall affirm or reverse the decision of the Development Services Director.
      2. (b)
        Approval with Conditions. The Development Services Director shall issue a Notice of Approval with Conditions only if the Preliminary Plat and Construction Documents comply with this UDO. The Notice of Approval with Conditions should include all necessary changes required for Preliminary Plat and Construction Documents Approval.
      3. (c)
        Approval. The Development Services Director shall issue a Notice of Approval only if the Preliminary Plat and Construction Documents comply with this UDO.
        1. (i)
          Approval Duration. The applicant shall have 18 months from the date of the Notice of Approval of the Preliminary Plat and Construction Documents to record a Final Plat of part or all of the area shown on the Preliminary Plat and Construction Documents.
  4. (D)
    Final Plat Submission Requirements.
    1. (1)
      Submittal. Upon receiving a Notice of Approval of the Preliminary Plat and Construction Documents a Final Plat shall be submitted
    2. (2)
      Notice of Approval, Approval with Conditions, or Denial. The Director of Development Services shall issue either the Notice of Approval, Approval with Conditions, or Denial, not later than 30 days after the date on which the Final Plat was submitted to the Director of Development Services
      1. (a)
        Denial. The Development Services Director shall issue a Notice of Denial if the Final Plat is determined to not meet the standards of this UDO. Upon receiving a notice of denial the applicant may appeal to the Planning and Zoning Board within 30 days of the Development Services Director's decision to deny the subdivision application. The Planning and Zoning Board shall review the application, and shall affirm or reverse the decision of the Development Services Director.
      2. (b)
        Approval with Conditions. The Development Services Director shall issue a Notice of Approval with Conditions only if the Final Plat complies with this UDO. The Notice of Approval with Conditions should include all necessary changes required for Final Plat Approval.
      3. (c)
        Approval. The Development Services Director shall issue a Notice of Approval only if the Final Plat complies with this UDO and:
        1. (i)
          All required subdivision improvements have been installed and approved or until the subdivider supplies an appropriate guarantee of installation as provided for in section 156.70.04.B, Installation and Guarantees.
        2. (ii)
          The Final Plat is in substantial agreement, as determined by the Development Services Director, with the approved Preliminary Plat. Final Plats not in substantial agreement shall be resubmitted as Preliminary Plats 
    3. (3)
      Certification of Final Plat. Upon Approval of the Final Plat  the Development Services Director shall certify such approval by signing the plat.
    4. (4)
      Recording a Final Plat. Within 30 days of Final Plat approval, the applicant shall file the Final Plat  with the Register of Deeds.  No Final Plat shall be regarded as finally approved until such plat is recorded.  After the Final Plat is recorded:
      1. (a)
        Individual lots created on the plat may be sold or otherwise conveyed by reference to the Final Plat;
      2. (b)
        Certificates of occupancy may be authorized to be issued provided all improvements have been installed and inspected and approved by the  Development Services Director; and
      3. (c)
        The subdivider shall provide the  Development Services Director with a certified copy of the recorded Final Plat.

(Ord. 23-24, 08/29/2023) 

Effective on: 8/29/2023

156.120.03 Exception

Pursuant to NCGS §160D-802, a subdivision plat shall not be required for any of the following:

  1. (A)
    Combination or Recombination. The combination or recombination of portions of previously subdivided and recorded lots where the total number of lots is not increased and the resultant lots are equal to or exceed the standards of the City as shown in this UDO.
  2. (B)
    Large Parcels. The division of land into parcels greater than 10 acres where no street right-of-way dedication is involved.
  3. (C)
    Public Acquisition. The public acquisition by purchase of strips of land for the widening or opening of streets.
  4. (D)
    Minor Division. The division of a tract in single ownership whose entire area is no greater than two acres into not more than three lots, where no street right-of-way dedication is involved and where the resultant lots are equal to or exceed the standards of this UDO.
  5. (E)
    Probated Will. The division of a tract into parcels in accordance with the terms of a probated will or in accordance with intestate succession under NCGS Chapter 29.
  6. (F)
    Plat for Recordation. Only a plat for recordation for the division of a tract or parcel of land in single ownership is required if all of the following criteria are met:
    1. (1)
      Not Otherwise Exempted. The tract or parcel to be divided is not otherwise exempted by this Section;
    2. (2)
      No Previous Division. No part of the tract or parcel to be divided has been divided under this Section in the 10 years prior to division;
    3. (3)
      Large Parcels. The entire area of the tract or parcel to be divided is greater than five acres;
    4. (4)
      Few Lots. After division, no more than three lots result from the division; and
    5. (5)
      Conformity with UDO. After division, all resultant lots comply with all of the following:
      1. (a)
        Any lot dimension and size requirements of this UDO;
      2. (b)
        The use of the lots is in conformity with the applicable zoning district; and
      3. (c)
        A permanent means of ingress and egress is recorded for each lot. 

Effective on: 1/1/1901