This ordinance shall be known and may be cited as the Kinston Unified Development Ordinance.

Zoning provisions enacted herein are under the authority of North Carolina General Statute (N.C.G.S.) 160A-381 to 160A-392, which extends to towns/cities the authority to enact regulations which promote the health, safety, morals, or the general welfare of the community. It is further authorized under N.C.G.S. 160A-382 which authorizes cities to regulate and restrict the erection, construction, reconstruction, alteration, repair or use of buildings, structures, or land. This section further authorizes the establishment of overlay districts in which additional regulations may be imposed upon properties that lie within the boundary of the district. The statutes also require that all such regulations shall be uniform for each class or type of building throughout each district, but that the regulations in one district may differ from those in other districts.

Subdivision provisions enacted herein are under the authority of N.C.G.S. 160A-372 which provide for the coordination of streets within proposed subdivisions with existing or planned street and with other public facilities, the dedication or reservation [of] recreation areas serving residents of the immediate neighborhood within the subdivision, or alternatively, for the provision of funds to be used to acquire recreation areas serving residents of more than one neighborhood in the immediate area, and for the distribution of population and traffic in a manner that will avoid congestion and overcrowding.

This UDO, which combines zoning and subdivision authority, is further enacted under Section 1 of SL 2005-418, a revision to N.C.G.S. 160A-363.

1.3.1. This ordinance shall be effective throughout the city's planning jurisdiction. The city's planning jurisdiction comprises the area within the corporate boundaries of the city as well as the area described in that ordinance adopted by the city council which establishes the city's extraterritorial jurisdiction. Such planning jurisdiction may be modified from time to time in accordance with N.C.G.S. 160A-360.

1.3.2. In addition to other locations required by law, a copy of a map showing the boundaries of the city's planning jurisdiction shall be available for public inspection in the planning department.

1.3.3. Except as hereinafter provided, no building or structure shall be erected, moved, altered, or extended, and no land, building, or structure or part thereof shall be occupied or used unless in conformity with the regulations specified for the district in which it is located.

1.3.4. Exemptions.

1.3.4.1. These regulations shall not apply to any land or structure for which, prior to the effective date hereof, there is a properly approved site specific plan as required by the requirements previously adopted or previously approved vested rights in accordance with N.C.G.S. 160A-385.1. Any preliminary or final subdivision plat approvals required for such approved or exempted site specific plans shall be conducted in accordance with the requirements of the previous zoning ordinance or subdivision ordinance.

1.3.4.2. In accordance with N.C.G.S. 160A-392, the City of Kinston UDO applies to state-owned lands only when a building is involved.

1.3.4.3. The following are not subject to the regulations of this ordinance:

•  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 municipality as shown on its subdivision regulations.

•  The division of land into parcels greater than ten (10) acres where no street right-of-way dedication is involved.

•  The public acquisition by purchase of strips of land for the widening or opening of streets or for public transportation system corridors.

•  The division of a tract in single ownership whose entire area is no greater than two (2) acres into not more than three (3) lots, where no street right-of-way dedication is involved and where the resultant lots are equal to or exceed the standards of the municipality, as shown in its subdivision regulations.

If any section or specific provision or standard of this ordinance or any regulating district boundary arising from it is found by a court to be invalid for any reason, the decision of the court shall not affect the validity of any other section, provision, standard, or district boundary of these regulations except the provision in question. The other portions of these regulations not affected by the decision of the court shall remain in full force and effect.

1.5.1. Complaints regarding violations. Whenever the UDO administrator receives a written, signed complaint alleging a violation of the ordinance, he/she shall investigate the complaint, take whatever action is warranted, and inform the complainant in writing what actions will be taken.

1.5.2. Persons liable for violations. The owner, tenant, or occupant of any building or land or part thereof and any architect, builder, contractor, agent, or other person who participates in, assists, directs, creates, or maintains any situation that is contrary to the requirements of this ordinance may jointly and/or independently be held responsible for the violation and suffer the penalties and be subject to the remedies herein provided.

1.5.3. Procedures upon discovery of violations.

1.5.3.1. If the UDO administrator finds that any provision of this ordinance is being violated, he/she shall send a written notice to the person responsible for such violation, indicating the nature of the violation and ordering the action necessary to correct it. Additional written notices may be sent at the UDO administrator's discretion.

1.5.3.2. The final written notice (and the initial written notice may be the final notice) shall state what action the UDO administrator intends to take if the violation is not corrected and shall advise that the UDO administrator's decision or order may be appealed to the board of adjustment in accordance with subsection 4.4.1.

1.5.3.3. Notwithstanding the foregoing, in cases when delay would seriously threaten the effective enforcement of the ordinance or pose a danger to the public health, safety, or welfare, the UDO administrator may seek enforcement without prior written notice by invoking any of the penalties or remedies authorized in subsection 1.5.4.

1.5.4. Penalties and remedies for violations.

1.5.4.1. Violations of the provisions of this ordinance or failure to comply with any of its requirements, including violations of any conditions and safeguards established in connection with grants of variances or conditional use permits shall be punishable by a civil penalty in accordance with the fee schedule as set forth in the city's budget or as established by resolution of the city council (see section 2.8). If the offender fails to pay this penalty within ten (10) days after being cited for a violation, the penalty may be recovered by the city in a civil action in the nature of debt.

1.5.4.2. This ordinance may also be enforced by any appropriate equitable action.

1.5.4.3. Each day that any violation continues after notification by the UDO administrator that such violation exists shall be considered a separate offense for purposes of the penalties and remedies specified in this section. Separate notices will not be provided for each violation.

1.5.4.4. Any one, all, or a combination of the foregoing penalties and remedies may be used to enforce this ordinance.

1.5.5. Permit revocation.

1.5.5.1. Any permit issued under this ordinance may be revoked by the permit-issuing authority (in accordance with the provisions of this section) if the permit recipient fails to (1) develop or maintain the property in accordance with the plans submitted, the requirements of this ordinance, or any additional requirements lawfully imposed by the permit-issuing board, or (2) the permit was issued based on erroneous information.

1.5.5.2. Before permits other than conditional use may be revoked, the UDO administrator shall give the permit recipient ten (10) days notice of intent to revoke the permit, shall inform the recipient of the alleged reasons for the revocation and of his right to obtain an informal hearing on the allegations, and shall comply with the notice and hearing requirements set forth in subsection 4.4.6. If the permit is revoked, the UDO administrator shall provide to the permittee a written statement of the decision and the reasons therefor. Appeals may be made to the board of adjustment as provided for in subsection 4.4.1.

1.5.5.3. No person may continue to make use of land or building in the manner authorized by any permit issued under this ordinance after such permit has been revoked in accordance with this ordinance.

The provisions in this ordinance were originally adopted and became effective on November 4, 2013.