This ordinance is hereby adopted by the Town Board of Alderman and shall now be known as the Unified Development Ordinance (UDO) for the Town of Maggie Valley.

These regulations shall generally supersede, repeal, and replace the provisions of the Town of Maggie Valley Planning and Development Regulations, including the Zoning and Subdivision Ordinances in their entirety, upon the effective date of ( ).

These regulations are adopted by the Town, pursuant to the authority granted to the Town by North Carolina General Statute (G.S.) Chapter 160D Local Planning and Development Regulation.

The provisions of this ordinance shall be applicable to all property within the Town’s corporate limits and its extra-territorial jurisdiction.

1. Extraterritorial Jurisdiction Boundaries Established. An official map of the Town of Maggie Valley entitled “Town of Maggie Valley Extraterritorial Jurisdiction,” and dated 5-15-2002, is hereby adopted showing the extraterritorial jurisdiction area boundary of the Town of Maggie Valley. The map shall be maintained in the manner provided for in G.S. Chapter 160D-202 and shall be recorded in the office of the Register of Deeds of Haywood County.
2. Application and Enforcement of Ordinances in the Extraterritorial Area. This UDO shall be applicable in every aspect within the extraterritorial area in the same manner as is now applicable within the corporate limits of the Town of Maggie Valley and the Town Planner, or other designated enforcement officer, shall enforce all of the provisions of this ordinance within the extraterritorial area in the same manner as is now authorized to enforce this ordinance within the corporate limits in accordance with G.S. Chapter 160D-201 (a). Property located in the Town’s extraterritorial planning and development regulation jurisdiction and that is used for bona fide farm purposes is exempt, in accordance with G.S. 160D-903.

The regulations set forth by this document shall be considered minimum requirements and shall apply uniformly to each class or kind of structure or land, except as specifically provided for elsewhere within this ordinance.

1. The purpose of this ordinance is to provide regulations for the development and alteration of land and buildings within the Town’s corporate limits and its extra-territorial jurisdiction, in order to protect and promote the health, safety, economic prosperity, and general welfare of the community. It is also the intent of the Board of Alderman, that the UDO implement the planning policies reflected in the Town's adopted land use plan and all other adopted planning documents, with all provisions being easily understood, effective, and efficient to implement and administer.
2. These policies are intended to protect both individual property values and individual property and development rights while also:
   1. Maintaining the small town character and community identity of the town;
   2. Promoting social, cultural, and economic diversity;
   3. Promoting a vibrant Town that encourages business investment and development;
   4. Providing a network of safe and convenient transportation options that accommodate automobiles, motorcycles, bicyclists, and pedestrians;
   5. Preserving natural resources, parks, open spaces, and view-sheds;
   6. Minimizing risk to property and water quality from flood damage and stormwater runoff;
   7. Protecting environmental health and safety from natural and manmade disasters;
   8. Providing a variety of housing types for citizens of all income levels, ages, and physical abilities; and
   9. Creating economic opportunities through organized development patterns that encourage investment and redevelopment.

When provisions of this ordinance require higher standards than are required in any other statute, local ordinance, or regulation, the provisions of this ordinance shall govern. When the provisions of any other statute, local ordinance, or regulation require higher standards than are required by the provisions of this ordinance, the latter provisions shall be superseded. The administration, enforcement, and amendment of this ordinance shall be accomplished only with consideration of the recommendations presented in the Town's adopted land use plan and other adopted planning documents.

1. It is not intended that this ordinance repeal, abrogate, annul, impair, or interfere with any existing easements, valid covenants, deed restrictions, agreements, or vested rights which have been established pursuant to G.S. 160D-108.
2. It is not intended that this ordinance repeal, abrogate, annul, impair, or interfere with any existing building permits previously issued and or in current effect.
3. Variances, appeals, special use permits, subdivision plans, site plan approvals, and other similar development approvals that are valid before the effective date of this ordinance will remain valid until their expiration date. Development may be completed in accordance with such approvals even if said building, development, or structure does not fully comply with the provisions of this ordinance. If construction is not commenced and diligently pursued in the time allowed under the original approval, or any extension has not been granted, then the building, development, or structure must meet the standards of this ordinance in effect at the time of re-application.

If any section or specific provision of this ordinance is found by a court to be invalid or unenforceable for any reason, the decision of the court shall not affect the validity or enforceability of any other section, provision, or standard 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. Should any section or provision of this ordinance be decided by a court of competent jurisdiction to be unconstitutional or invalid, said decision shall not affect the validity of the ordinance as a whole or any part thereof other than the part so declared to be unconstitutional or invalid.

No person shall use, occupy, or sell any land or building(s) or authorize the use, occupancy, or sale of land or building(s) under his/her control except in accordance with all of the applicable provisions of this ordinance.

1. Any use, structure, or lot which does not conform to the requirements of this ordinance, but which existed before the effective date of this document as a legal pre-existing nonconformity and which remains nonconforming, may be continued or maintained only in accordance with the terms of this ordinance.
2. Any use, structure, or lot which has become nonconforming as a result of the adoption of this ordinance or any subsequent rezoning or amendment to the text of this document, may also be continued or maintained only in accordance with the terms of this section.
3. This section shall not apply to any feature which is the subject of a variance from particular regulations that has been granted by the Zoning Board of Adjustment subsequent to the adoption of this ordinance. Where a variance has been granted which does not otherwise conform to the requirements of this ordinance, that feature shall be deemed conforming for that particular case.
4. Subject to the conditions and exceptions set out in the following section, any lot, building, structure, or use of land existing at the time of the enactment of this ordinance or any amendment thereto, that does not conform to the requirements of the district in which it is located may be continued or maintained subject to the following provisions:
   
   They shall not be:
   1. Changed to another nonconforming use;
   2. Enlarged or extended except in conformity with this ordinance;
   3. Reestablished after being discontinued for one year;
   4. Extended beyond an adopted amortization period if applicable; where such alteration does not enlarge or increase the nonconformance of the structure;
   5. Prohibited where such alteration is required by law or an order from a Haywood County building inspector and/or the Fire Marshal.
   6. Changed to any new use other than a use listed as permitted or as a special use within the district in which it is located.
   7. Used for any nonconforming use at a later date once a nonconforming use of a structure has been changed to a conforming use.

1. Maintenance and repair necessary to keep any nonconforming structure in a safe and sound condition, is permissible as long as the repairs do not increase the nonconformity.
2. Any nonconforming building, or any building containing a nonconforming use which has been damaged by either a natural or manmade disaster to an extent exceeding 50 percent of its structure or 50 percent of its value at the time of the destruction, shall cause any repair, reconstruction, or re-use to be in conformity with the provisions of this ordinance.

Whenever the regulations of this ordinance require a greater width or size of yards, courts, or other open space; or require a lower height of buildings or lesser number of stories; or require a greater percentage of lot to be left unoccupied; or impose other more restrictive standards that are required in or under any other statutes or agreements, the regulations and requirements of this ordinance shall govern. Whenever the provisions of any other statute or agreement require more restrictive standards than are required by this chapter, the provisions of the statute or agreement shall govern.