This chapter shall be known and may be cited as the "Lumberton Land Use Ordinance."

(Ord. No. 813, § 1, 6-3-85; Ord. No. 2021.06.02 , 6-9-21)

(a)

This chapter is adopted pursuant to the authority contained in the City Charter as well as the Legislature of the State of North Carolina has in part 6, article 21 of chapter 143; article 6 of chapter 153A; article 8 of chapter 160A; and article 7, 9, and 11 of chapter 160D (Effective July 1, 2021) of the North Carolina General Statutes, delegated to local governmental units the authority to adopt regulations designed to promote the public health, safety, and general welfare.

(b)

Whenever any provision of this chapter refers to or cites a section of the North Carolina General Statutes and that section is later amended or superseded, the chapter shall be deemed amended to refer to the amended section or the section that most nearly corresponds to the superseded section.

(Ord. No. 813, § 1, 6-3-85; Ord. No. 1715, 2-22-99; Ord. No. 2021.06.02 , 6-9-21)

(a)

This chapter 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 on October 1, 1984, entitled an "Ordinance Amending chapter 17 of the Code of the City of Lumberton, North Carolina, Amending the Description of the Extraterritorial Jurisdiction Boundary," which ordinance is recorded in book 572, page 171, of the Robeson County Registry. Such planning jurisdiction may be modified from time to time in accordance with section 160-A-360 of the North Carolina General Statutes.

(b)

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 and neighborhood services department.

(Ord. No. 813, § 1, 6-3-85; Ord. No. 2021.06.02 , 6-9-21)

The provisions in this chapter were originally adopted and became effective on June 17, 1985.

(Ord. No. 2021.06.02 , 6-9-21)

To the extent that the provisions of this chapter are the same in substance as the previously adopted provisions that they replace in the city's zoning, subdivision, or flood control ordinances, they shall be considered as continuations thereof and not as new enactments unless otherwise specifically provided. In particular, a situation that did not constitute a lawful, nonconforming situation under the previously adopted zoning ordinance does not achieve lawful nonconforming status under this chapter merely by the repeal of the zoning ordinance.

(Ord. No. 813, § 1, 6-3-85; Ord. No. 2021.06.02 , 6-9-21)

It is the intention of the council that this chapter implement the planning policies adopted by the council for the city and its extraterritorial planning area, as reflected in the land use plan and other planning documents. While the council reaffirms its commitment that this chapter and any amendment to it be in conformity with adopted planning policies, the council hereby expresses its intent that neither this chapter nor any amendment to it may be challenged on the basis of any alleged nonconformity with any planning document.

(Ord. No. 813, § 1, 6-3-85; Ord. No. 2021.06.02 , 6-9-21)

(a)

Subject to article VIII of this chapter (Nonconforming situations), no person may use, occupy, or sell any land or buildings or authorize or permit the use, or sale of land or buildings under his control except in accordance with all of the applicable provisions of this chapter.

(b)

For purposes of this section, the "use" or "occupation" of a building or land relates to anything and everything that is done to, on, or in that building or land.

(Ord. No. 813, § 1, 6-3-85; Ord. No. 2021.06.02 , 6-9-21)

(a)

Reasonable fees sufficient to cover the costs of administration, inspection, publication of notice and similar matters may be charged to applicants for zoning permits, sign permits, special use permits, subdivision plat approval, zoning amendments, variances and other administrative relief. The amount of the fees charged shall be as set forth in the city's budget or as established by resolution of the council filed in the office of the city clerk.

(b)

Fees established in accordance with subsection (a) shall be paid upon submission of a signed application or notice of appeal.

(Ord. No. 813, § 1, 6-3-85; Ord. No. 2021.06.02 , 6-9-21)

(a)

Nothing contained herein shall repeal, modify, or amend any federal or state law or regulation, or any ordinance or regulation pertaining thereto except any ordinance which these regulations specifically replace; however, the adoption of this section shall and does amend any and all ordinances, resolutions, and regulations in effect in the City of Lumberton at the time of the adoption of this section that may be construed to impair or reduce the effectiveness of this section or to conflict with any of its provisions. Where two or more sections of this chapter are in conflict or contradict each other, the provisions of the section imposing greater restrictions or higher standards shall control.

(b)

It is not intended that these regulations interfere with any easement, covenants or other agreements between parties. However, if the provisions of these regulations impose greater restrictions or higher standards for the use of a building or land, then the provisions of these regulations shall control.

(Ord. No. 1715, 2-22-99; Ord. No. 2021.06.02 , 6-9-21)