Nothing herein contained shall require any change in the plans, construction or designated use of a building actually under construction within the city on the effective date of the ordinance from which this chapter is derived and which the entire building shall be completed within one year from the effective date of the ordinance from which this chapter is derived or which building shall be maintained under continuous construction even though not completed within one year. Nothing herein contained shall require any change in plan, construction or designated use of a building for which a building permit has been heretofore issued while such permit is valid and provided the building shall have been started within six months of the date of issuance of the permit and which the entire building shall be completed within one year from the effective date of the ordinance from which this chapter is derived or which building shall be maintained under continuous construction even though not completed within one year.

(Ord. No. 94-1097, § 14-100, 9-26-1994)

All land, buildings, structures or appurtenances thereon located within the city which are hereafter occupied, used, erected, altered or converted shall be used, placed and erected in conformance with the zoning regulations prescribed for the zoning district in which such land or building is located except as thereinafter provided. Land used in meeting the requirements of this chapter with respect to a particular use of building shall not be used to meet the requirements for any other use of building.

(Ord. No. 94-1097, § 17-100, 9-26-1994)

Nothing in this section shall be construed as repealing any existing ordinance of the city regulating nuisances or permitting uses which are now prohibited by ordinance.

(Ord. No. 94-1097, § 18-100, 9-26-1994)

No provision or application of this chapter shall be construed as affecting in any manner the rights of individual property owners to privately enforce deed restrictions upon the use of any property zoned under the terms of this chapter if such restrictions are of higher or more restrictive classification than the provisions contained herein.

(Ord. No. 94-1097, § 18-101, 9-26-1994)

Any person or corporation who shall violate any of the provisions of this chapter or fail to comply therewith or with any of the requirements thereof, or who shall build or alter any building or use in violation of any detailed statement or plan submitted and approved hereunder shall be guilty of a misdemeanor and shall be liable to a fine not to exceed an amount established by the legislature of the state applicable to violation of this and each day such violation shall be permitted to exist shall constitute a separate offense. The owner of any building or premises, or part thereof, where anything in violation of this chapter shall be placed or shall exist, and any architect, builder, contractor, agent, person or corporation employed in connection therewith and who may have assisted in the commission of any such violation shall be guilty of a separate offense and upon conviction shall be fined as herein provided. The city, likewise, shall have the power to enforce the provisions of this chapter through civil court action as provided by state law.

(Ord. No. 94-1097, § 19-100, 9-26-1994)

There is hereby created a planning and zoning commission which shall be organized, appointed and function as provided by this division.

(Ord. No. 94-1097, § 12-100, 9-26-1994; Ord. No. 97-1133, 6-23-1997)

(a)

The commission shall be composed of seven members who reside in and own real property in the City of Lumberton. During the members' respective terms of office and for at least one year immediately prior to the beginning thereof, they shall be residents of the city and shall be appointed by the council for a term of two years. None of such members shall hold any other public office or position in the city while serving on such commission. The commission shall elect its chairman from among its members. Four of said commissioners shall constitute a quorum. Said commissioners shall adopt such rules and regulations as they deem best governing their action, proceedings, deliberations and time and place of meetings. A member of the commission may be removed with the consent of a majority of the council. If a vacancy occurs upon the commission, the council shall appoint a commissioner to fill such vacancy for the unexpired term.

(Ord. No. 94-1097, § 12-200, 9-26-1994; Ord. No. 97-1133, 6-23-1997; Ord. No. 21-1257, § 2, 8-23-2021)

(a)

The commission shall adopt rules to govern its proceedings; provided, however, that such rules are not inconsistent with this article or state law. Meetings of the commission shall be held at the call of the chairman and at such other times as the commission may determine. The chairman may administer oath and compel the attendance of witnesses.

(b)

All meetings of the commission shall be open to the public. The commission shall keep minutes of its proceedings, showing the vote of each member upon each question or if absent or failing to vote indicating such fact and shall keep record of its examinations and other official actions, all of which shall be immediately filed in the office of the commission and shall be a public record.

(c)

Any request for zoning changes shall be made by filing the request and paying the appropriate fee to the city secretary/treasurer. The city secretary/treasurer will then notify the planning and zoning commission chairman who will schedule and conduct the review process. The city secretary will provide an informational copy of each request to the city council at its next regular meeting.

(d)

After conducting the necessary meetings and public hearings, the chairman of the planning and zoning commission shall submit in writing, the ruling of the commission on any request for a zoning change or amendment. The city council shall then, at a regularly called meeting, act upon such ruling.

(e)

No request to the planning and zoning commission for the same or related change on the same piece of property shall be allowed prior to the expiration or six months from a previous ruling by the commission on any request to such body unless other property in the immediate vicinity has, within the said six-month period, been changed or acted on by the planning and zoning commission or city council so as to alter the facts and conditions on which the previous ruling was based. Such change of circumstance shall permit the rehearing of an appeal by the planning and zoning commission prior to the expiration of a six-month period, but such conditions shall in no wise have any force in law to compel the planning and zoning commission, after a hearing, to grant a subsequent request. Such subsequent request shall be considered entirely on its merit and the peculiar and specific conditions related to the property on which the request is brought.

(f)

At a public hearing relative to any request, any interested party may appear in person or by agent or attorney. The burden of proof shall be on the applicant to establish the necessary facts to warrant favorable action of the planning and zoning commission on any request for change or amendment.

(Ord. No. 94-1097, § 12-201, 9-26-1994; Ord. No. 95-1100, 1-9-1995; Ord. No. 97-1133, 6-23-1997)

(a)

The commission shall have the power to impose reasonable conditions to be complied with by the applicant.

(b)

The concurring vote of three members of the commission shall be necessary to approve any order, requirement, decision, or determination of any such administrative official, or to decide in favor of the application on any matter upon which it is required to pass under this article.

(c)

Any person, jointly or severally aggrieved by any decision of the planning and zoning commission, or any taxpayer or any officer, department or board of the municipality may present to a court of record, such as the district court, a petition, duly verified, setting forth that such decision is illegal, in whole or in part, specifying the grounds of illegality. Such petition shall be presented to the court within ten days after the filing of the decision in the office of the commission and not thereafter.

(Ord. No. 94-1097, § 12-202, 9-26-1994; Ord. No. 97-1133, 6-23-1997)

The requirements for a notice of hearing are as specified in section 50-119.

(Ord. No. 94-1097, § 12-203, 9-26-1994; Ord. No. 97-1133, 6-23-1997)

When, in its judgment, the public convenience and welfare will be substantially or permanently injured, the planning and zoning commission may, in specific cases, after public notice and public hearing and subject to appropriate conditions and safeguards, authorize the following special variances and exceptions to the regulations herein established and take action relative to the continuance of a nonconforming use:

(1)

Hear and decide appeals where it is alleged there is error on any order, requirement, decision or determination made by the building inspector in the enforcement of this article.

(2)

Interpret the intent of the planning and zoning district map where uncertainty exists because the physical features on the ground vary from those on the zoning district map and none of the rules set forth in section 50-179 apply.

(3)

Approve the use of a lot or lots in a residential district contiguous to, even if separated by a street or alley, an apartment, office, retail, commercial or industrial district off-street parking of passenger vehicles, subject to such standards and safeguard as are appropriate for the protection of adjacent residential uses.

(4)

Initiate on its motion or cause presented by interested property owners action to bring about the discontinuance of a nonconforming use in accordance with subsection (5) of this section.

(5)

Require the discontinuance of a nonconforming use under any plan whereby full value of the structure can be amortized within a definite period of time, taking into consideration the general character of the neighborhood and the necessity for all property to conform to the regulations of this article.

(6)

Permit the change of occupancy of a nonconforming use to another nonconforming use in accordance with the provisions of article VII of this chapter.

(7)

Permit the enlargement of a nonconforming use in accordance with the provisions of article VIII of this chapter.

(8)

Permit the reconstruction of a nonconforming structure of building on the lot or tract occupied by such building, provided such reconstruction does not, in the judgment of the commission, prevent the return of such property, to a conforming use or increase the nonconformity of a nonconforming structure and provided such actions conform to the provisions of article VIII of this chapter.

(9)

Require the vacation and demolition of a nonconforming structure which is deemed to be obsolete, dilapidated or substandard.

(10)

Permit such variance of the front yard, side yard, rear yard, lot width, lot depth, coverage, minimum setback standards, off-street parking or off-street loading regulations where the literal enforcement of the provisions of this chapter would result in an unnecessary hardship, and where such variance is necessary to permit a specific parcel of land which differs from other parcels of land in the same district by being of such restricted area, shape or slope that it cannot be developed in a manner commensurate with the development permitted upon other parcels of land in the same district. A modification of the standards established by this chapter shall not be granted to relieve a self-created or personal hardship, nor for financial reason only, nor shall such modification be granted to permit any person a privilege in developing a parcel of land in the district.

(Ord. No. 94-1097, § 12-204, 9-26-1994; Ord. No. 97-1133, 6-23-1997)

No commercial or industrial building, or portion thereof, hereafter erected, converted, or altered shall be used or changed in use until a certificate of occupancy and compliance shall have been issued by the building inspector of the city stating that the building, or portion thereof, or the proposed use of land or building complies with the provisions of this article and other building laws of the city. Failure to comply with this provision of this article may constitute a basis to deny or disconnect city utilities or to require private utility companies to do likewise.

(Ord. No. 94-1097, § 13-100, 9-26-1994; Ord. No. 95-1107, 8-28-1995)

A certificate of occupancy and compliance shall be applied for and coincident with the application for a building permit and will be issued before occupancy and connection of utilities to such construction or chance has been made in complete conformity to the provisions of this article and other building laws.

(Ord. No. 94-1097, § 13-101, 9-26-1994)

Any person or corporation or group of persons having a proprietary interest in any property, upon proof of such interest, may petition the city council for a change or amendment to the provisions of this article in the public interest. All petitions for the amendment of this article shall bear the signature of the owners of all property within the area of the request.

(Ord. No. 94-1097, § 15-100, 9-26-1994)

Each and every petition to the city council as provided in the section shall be filed with the city secretary/treasurer prior to being presented to the city council, and shall be accompanied by a fee of $250.00, payable to the city, no part of which shall be returnable regardless of the action taken on the petition.

(Ord. No. 94-1097, § 15-101, 9-26-1994)

The city council may from time to time amend, supplement or change by ordinance the boundaries of the districts or regulations herein. Before taking action on any proposed amendment, supplement or change, the city council shall submit the same to the city planning and zoning commission for its recommendation and report.

(Ord. No. 94-1097, § 15-102, 9-26-1994)

(a)

The city planning and zoning commission shall hold at least one public hearing on any application for amendment, supplement or change prior to making its recommendation and report to the city council.

(b)

Written notice of all public hearings before the city planning and zoning commission on a proposed change in district boundaries or classification shall be sent to all owners of real property lying within 200 feet of the property on which the change is proposed. Such notice shall be given not less than ten days before the date set for hearing by depositing a notice properly addressed and postage paid in the United States Post Office to such property owners as the ownership appears on the last approved tax roll.

(c)

Notice of public hearings on proposed changes or amendments in the text of the city's zoning ordinance shall be accomplished by one publication not less than 15 days prior thereto in the official newspaper of the city. Notices for the public hearing before city council, as prescribed by 50-120, may be published at the same time and in the same publication notice as the notice of public hearing before the city planning and zoning commission.

(d)

The city council may elect, from time to time, to combine the city planning and zoning commission public hearing and the city council public hearing; provided; however, that the city council shall not take action until the council has received a final report from the city planning and zoning commission.

(1)

To conduct a joint public hearing, the city council shall cause a notice showing the time and place of the joint public hearing to be published in a newspaper of general circulation before the 15th day before the joint public hearing.

(2)

In addition, notice of all jointly held public hearings on the proposed changes in district boundaries or classifications shall be sent to owners of real property lying within 200 feet of the property on which the change is proposed. Such notice shall be given not less than ten days before the date set for hearing by depositing a notice properly addressed and postage paid in the United States Post Office to such property owners as the ownership appears on the last approved tax roll.

(3)

When a joint public hearing is held before the city planning and zoning commission and the city council, no additional public hearings shall be required to affect a change in zoning boundaries, classification or a textual change in zoning regulations if a joint public hearing is conducted in accordance with the provisions of this subsection.

(Ord. No. 94-1097, § 15-103, 9-26-1994; Ord. No. 12-1201, § 2, 10-22-2012; Ord. No. 18-1234, § 2, 7-12-2018)

A public hearing shall be held by the city council before adopting any proposed amendment, supplement or change. At least 15 days notice of the time and place of such hearing shall be published in the official newspaper of the city. Nothing herein shall prevent the city council from holding a joint public hearing with the city planning and zoning commission as permitted by law should the city council elect. The city council shall cause appropriate notice to be given and a hearing held in accordance with the procedures prescribed in 50-119(d).

(Ord. No. 94-1097, § 15-104, 9-26-1994; Ord. No. 12-1201, § 2, 10-22-2012; Ord. No. 18-1234, § 2, 7-12-2018)

If such proposed amendment, supplement or change has been denied by the city planning and zoning commission, or if a protest against such proposed amendment, supplement or change has been filed with the city secretary/treasurer duly signed and acknowledged by the owners of 20 percent or more, either of the area of the lots included in such proposed change or those immediately adjacent in the rear thereof extending 500 feet therefrom, or of those directly opposite thereto extending 500 feet from the street frontage of such opposite lots, such amendment shall not become effective except by a three-fourths vote of the members of the city council. If a specific ordinance provides for a notice requirement of 200 feet of the property on which a change is requested, a protest against such denial, proposed amendment, supplement or change must be signed and acknowledged by the owners of 20 percent or more either of the area of the lots included in such proposed change or those immediately adjacent in the rear thereof extending 200 feet therefrom, or directly opposite thereto extending 200 feet from the street frontage of such opposite lots.

(Ord. No. 94-1097, § 15-105, 9-26-1994; Ord. No. 12-1201, § 2, 10-22-2012)

All territory hereafter annexed to the city shall be temporarily classified in the R-1, single-family dwelling district, until permanent zoning classifications are given the area by the city council.

(Ord. No. 94-1097, § 16-100, 9-26-1994)

The procedure for establishing the permanent zoning on any newly annexed territory shall be the same as is provided by law for the amendment of the zoning ordinance.

(Ord. No. 94-1097, § 16-101, 9-26-1994)

In an area temporarily classified in the R-1, single-family dwelling district, building permits may be issued for all uses permitted in the R-1, single-family dwelling district subject to all of the requirements and regulations specified for this district.

(Ord. No. 94-1097, § 16-102, 9-26-1994)

Building permits for uses other than those permitted in R-1, single-family dwelling district may be issued in a newly annexed territory prior to permanent zoning upon authorization by the city council in the following manner:

(1)

An application for any use shall be made to the building inspector, said application to show the use contemplated, a plat showing the size of the lot or tract of land proposed to be used and the location of, the size and type of buildings proposed to be constructed.

(2)

Such application shall be referred by the building inspector to the city planning and zoning commission for consideration.

(3)

The city planning and zoning commission shall make its recommendation to the city council after giving the consideration to the land use plan for the area in which the application is located.

(4)

Whenever such a recommendation is filed with the city council, it shall be advisory only and the city council may grant or deny the application as the facts may justify.

(Ord. No. 94-1097, § 16-103, 9-26-1994)