Middleburg City Zoning Code
LEGAL PROVISIONS
§ 156.001 PURPOSE.
In order to lessen congestion in the streets; to secure safety from fire, panic, and other dangers; to promote health and the general welfare; to provide adequate light and air; to prevent the overcrowding of land; to avoid undue concentration of population; to facilitate the adequate provisions of transportation, sewerage, schools, parks, and other public requirements; to conserve the value of buildings; to protect the public water supply, and encourage the most appropriate use of land throughout the planning and zoning jurisdiction in accordance with the following goals set forth by the Comprehensive Development Plan of Vance County, NC (adopted October 1996; amended August 2010):
(A) To encourage development at a rate and in a pattern which can be efficiently and effectively served by existing and planned services and facilities.
(B) To provide and maintain adequate county services and facilities that will accommodate economic development and growth and will protect the environment, public health and general welfare.
(C) To promote, encourage, and stimulate the conservation of existing housing stock, rehabilitation/replacement of substandard housing, construction of new housing.
(D) To promote, expand, and diversify the economic base in Vance County to maximize the use of local resources while protecting important natural features and community values.
(E) To conserve, protect, and encourage the wise and prudent use of Vance County's natural and cultural resources in order to maintain the rural and agricultural nature of specific areas of the county.
(Ord. 39, passed 10-3-2011)
§ 156.002 AUTHORITY AND ENACTMENT.
This Zoning Ordinance is hereby enacted pursuant to the authority vested in Vance County by G.S. Chapter 160D, Article 7.
(Ord. 39, passed 10-3-2011; Am. Ord. 5-3-2021)
§ 156.003 TITLE.
This chapter shall be known as the "Zoning Ordinance, Vance County, North Carolina."
(Ord. 39, passed 10-3-2011)
§ 156.004 JURISDICTION.
The provisions of this chapter shall apply within the areas designated as zones on the official zoning map(s) by the Board of Commissioners of Vance County. The official zoning map(s) will be on file in the Vance County Planning and Development Department.
(Ord. 39, passed 10-3-2011)
§ 156.005 BONA FIDE FARMS EXEMPT.
(A) The provisions of this chapter shall not apply to bona fide farms. For purposes of this chapter, the terms AGRICULTURE, AGRICULTURAL, and FARMING refer to all of the following:
(1) The cultivation of soil for production and harvesting of crops, including but not limited to fruits, vegetables, sod, flowers and ornamental plants.
(2) The planting and production of trees and timber.
(3) Dairying and the raising, management, care, and training of livestock, including horses, bees, poultry, and other animals for individual and public use, consumption, and marketing.
(4) Aquaculture as defined in G.S. § 106-758.
(5) The operation, management, conservation, improvement, and maintenance of a farm and the structures and buildings on the farm, including building and structure repair, replacement, expansion, and construction incident to the farming operation.
(6) When performed on the farm, AGRICULTURE, AGRICULTURAL, and FARMING also include the marketing and selling of agricultural products, agritourism, the storage and use of materials for agricultural purposes, packing, treating, processing, sorting, storage, and other activities performed to add value to crops, livestock, and agricultural items produced on the farm, and similar activities incident to the operation of a farm.
(7) A public or private grain warehouse or warehouse operation where grain is held 10 days or longer and includes, but is not limited to, all buildings, elevators, equipment, and warehouses consisting of 1 or more warehouse sections and considered a single delivery point with the capability to receive, load out, weigh, dry, and store grain.
(B) For purposes of determining whether a property is being used for bona fide farm purposes, G.S. § 160D-903, as amended, recodified or replaced, shall control. Note: for ease of reference for our citizens, the following constitute sufficient evidence that the property is being used for bona fide farm purposes. Please verify these prior to proceeding with activity.
(1) A farm sales tax exemption certificate issued by the Department of Revenue.
(2) A copy of the property tax listing showing that the property is eligible for participation in the present use value program pursuant to G.S. § 105-277.3.
(3) A copy of the farm owner's or operator's Schedule F from the owner's or operator's most recent federal income tax return.
(4) A forest management plan.
(C) This chapter does not impose nor exercise any controls over croplands, timberlands, pasturelands, orchards, idle (land currently not cultivated or that is fallow-currently unplanted for crops) or other farmlands. Nor does it exercise control over any farmhouse, barn, poultry house, or other farm buildings, including tenant or other houses for persons working on said farms, as long as such houses shall be in the same ownership as the farm and located on the farm. Residences for non-farm use or occupancy and other non-farm uses shall be subject to the provisions of this chapter.
(Ord. 39, passed 10-3-2011; Am. Ord. passed 12-1-2014; Am. Ord. passed 7-2-2018; Am. Ord. 5-3-2021)
§ 156.006 MINIMUM REQUIREMENTS.
In interpreting and applying the provisions of this chapter, they shall be held to be the minimum requirements for the promotion of the public safety, health, convenience, prosperity, and general welfare. It is not intended by this chapter to interfere with, abrogate, or annul any easements, covenants, or other agreements between parties. However, where this chapter imposes a greater restriction upon the use of buildings or premises or upon the height of buildings, or requires larger open space than is imposed or required by other ordinance, rules, regulations, or by easements, covenants, or agreements, the provisions of this chapter shall govern.
(Ord. 39, passed 10-3-2011)
§ 156.007 SEVERABILITY.
If any article, section, sentence, clause, or phrase of this chapter is for any reason held to be invalid by the courts, such decision shall not affect the validity of the remaining portion of this chapter. The Board of County Commissioners hereby declares that it has passed this chapter and each article, section, clause, and phrase thereof, irrespective of the fact that any 1 or more articles, sections, sentences, or phrases be declared invalid by the courts.
(Ord. 39, passed 10-3-2011)
§ 156.008 VESTED RIGHTS.
(A) A vested right shall be deemed established with respect to any property upon the valid approval, or conditional approval, of a site-specific development plan or a phased development plan. Such vested right shall confer upon the landowner the right to undertake and complete the development and use of said property under the terms and conditions of the site-specific development plan or the phased development plan including any amendments thereto. A right, which has been vested, shall remain vested for a period of 2 years, or for the period of time to complete the project as specified in the phased development plan.
(B) A vested right, once established, precludes any zoning action which would change, alter, impair, prevent, diminish, or otherwise delay the development or use of the property as set forth in an approved site specific development plan or an approved phased development plan except:
(1) With written consent of the affected landowner.
(2) Upon findings, by ordinance after notice and an evidentiary hearing, that natural or man-made hazards on or in the immediate vicinity of the property, if not corrected, would pose a serious threat to the public health, safety, and welfare if the project were to proceed as contemplated in the site specific development plan or the phased development plan.
(3) To the extent that the affected landowner receives compensation (appraised at fair market value) for all costs, expenses, and losses incurred.
(4) Upon findings, by ordinance after notice and an evidentiary hearing, that the landowner or his representative intentionally supplied inaccurate information or made material misrepresentations, which made a difference in the approval by the county of the site specific development plan or the phased development plan; or
(5) Upon the enactment of a state or federal law or regulation which precludes development as contemplated in the site specific development plan or the phased development plan.
(Ord. 39, passed 10-3-2011; Am. Ord. passed 12-1-2014; Am. Ord. 5-3-2021)
§ 156.009 EFFECTIVE DATE.
This chapter and its provisions governing the use of land, buildings, and other matters as hereinafter set forth are hereby established and declared to be in full force and effect from the passage date and the determined effective date. Approved and adopted by the Vance County Board of Commissioners this 3rd day of May, 2021 and shall become effective on and from May 3, 2021.
(Ord. 39, passed 10-3-2011; Am. Ord. 5-3-2021)