Minnesott Beach City Zoning Code
GENERAL PROVISIONS
§ 151.001 SHORT TITLE.
These regulations shall be known as the Town of Minnesott Beach “Unified Development Ordinance” or by the initials “UDO.”
(Ord. passed 2-10-2009, § 1.1)
§ 151.002 AUTHORITY.
(A) Zoning. Zoning provisions enacted herein are under the authority of G.S. § 160D-102, which extends to cities the authority to enact regulations promoting the health, safety, morals and general welfare of the community. These provisions are further authorized to regulate and restrict the erection, construction, reconstruction, alteration, repair or use of buildings, structures or land.
(B) Subdivision. Subdivision provisions enacted herein are under the authority of G.S. § 160D-102, which provides for the coordination of streets and public facilities, the dedication or reservation of recreation areas or for the provision of funds to be used to acquire recreation areas and for the distribution of population and traffic in a manner that will avoid congestion and overcrowding.
(C) Automatic amendment. Whenever any provision of this ordinance refers to or cites a section of the General Statutes or a state or federal department rule or regulation and that section is later amended or superseded, the ordinance shall be deemed amended to refer to the amended section or the section that most nearly corresponds to the superseded section.
(Ord. passed 2-10-2009, § 1.2; Ord. passed - -2021)
§ 151.003 JURISDICTION.
The provisions of this ordinance shall apply within the corporate limits of the town and within the territory beyond the corporate limits as now or hereafter fixed on the “Official Zoning Map of Minnesott Beach, North Carolina” and in accordance with G.S. § 160D-108(b).
(Ord. passed 2-10-2009, § 1.3; Ord. passed - -2021)
§ 151.004 CONTINUITY.
(A) This Unified Development Ordinance replaces and supersedes both the Town Zoning Ordinance dated July 20, 1982 and the Town Beach Subdivision Ordinance dated October 15, 1996 and all amendments made to these two documents.
(B) Any nonconforming use, structure or other requirement of the previous zoning documents shall be considered to be out of compliance with the Unified Development Ordinance.
(Ord. passed 2-10-2009, § 1.4)
§ 151.005 EFFECTIVE DATE.
These regulations shall become effective on February 10, 2009 and on that date, these regulations shall supersede, repeal and replace the Town Zoning Ordinance and the Town Subdivision Ordinance.
(Ord. passed 2-10-2009, § 1.5)
§ 151.006 RELATIONSHIP TO LAND USE PLAN.
It is the intention of the Town Commissioners, hereafter referred to as the “Town Commissioners,” that this ordinance implements the planning policies adopted for the town, as reflected in the land use plan and other planning documents. While the Town Commissioners reaffirm their commitment that this ordinance and any amendment to it conform to the adopted planning policies, the Town Commissioners hereby express their intent that neither this ordinance nor any amendment to it may be challenged based on any alleged nonconformity with any planning document.
(Ord. passed 2-10-2009, § 1.6)
§ 151.007 ZONING EFFECTS ON LAND AND BUILDINGS.
No land or structure shall be used, no structure shall be erected, and no existing structure shall be moved, added to, enlarged or altered except in conformity with all of the regulations herein specified for the district in which it is located.
(Ord. passed 2-10-2009, § 1.7) Penalty, see § 151.999
§ 151.008 FEES.
Reasonable fees sufficient to cover the costs of administration, inspection, publication of notice and similar matters may be charged to the applicants seeking any land use permits, special use permits, unified development ordinance amendments, variances, appeals, other administrative relief and site plan review over which this ordinance has authority. The amount of the fees charged shall be set forth in the town’s budget or as established by resolution of the Town Commissioners filed in the office of Town Hall. The fees established in this section shall be paid upon submission of a signed application or notice of appeal.
(Ord. passed 2-10-2009, § 1.8)
§ 151.009 SEVERABILITY.
It is hereby declared the intention of the Town Commissioners that the sections, paragraphs, sentences, clauses and phrases of this Unified Development Ordinance are severable. If any section, paragraph, sentence, clause or phrase is declared unconstitutional or otherwise invalid by any court of competent jurisdiction in a valid judgment or decree, the unconstitutionality or invalidity shall not affect any of the remaining sections, paragraphs, sentences, clauses or phrases of this ordinance, since the same would have been enacted without the incorporation into this ordinance of the unconstitutional or invalid section, paragraph, sentence, clause or phrase.
(Ord. passed 2-10-2009, § 1.9)
§ 151.010 INTERPRETATION AND APPLICATION.
In interpreting and applying these regulations, the requirements contained herein are declared to be the minimum requirements necessary to carry out the purpose of these regulations. Except as hereinafter provided, these regulations shall not be deemed to interfere with any easements, covenants, deed restrictions or other agreements between parties. Whenever the provisions of these regulations impose greater restrictions upon the use of land or buildings or require a larger percentage of lot to be left unoccupied, then the provisions of these regulations shall govern.
(Ord. passed 2-10-2009, § 1.10)
§ 151.011 CONFLICT WITH OTHER ORDINANCES.
All ordinances and parts of ordinances in conflict herewith are hereby repealed.
(Ord. passed 2-10-2009, § 1.11)
§ 151.012 PURPOSE.
The purpose of this Unified Development Ordinance shall be to promote the health, safety and the general welfare by regulating the height, number of stories, size of buildings and other structures, the percentage of lot that may be occupied, the size of yards, courts and other open spaces, the density of population, the location and use of buildings, structures and land for trades, industry, residence or other purposes, to create districts and establish boundaries for those purposes; to define certain terms used in the ordinance; and to provide penalties for violation of this ordinance.
(Ord. passed 2-10-2009, § 1.12)
§ 151.013 ONLY ONE PRINCIPAL USE OR STRUCTURE UPON ANY LOT; EXCEPTIONS.
There shall be no more than one principal use and/or structure upon any lot. However, on lots in zoning districts zoned C Commercial, there shall be no more than two uses in one structure or one use in each of two structures as long as all uses and/or structures are otherwise permitted and meet the standards of this Unified Development Ordinance.
(Ord. passed 2-10-2009, § 1.13) Penalty, see § 151.999
§ 151.014 REDUCTION OR CHANGE IN LOT SIZE.
No lot shall be reduced or changed in size so that the total area; minimum frontage; front, side or rear setbacks, lot area per dwelling unit; or other dimensions, areas or open spaces required by these regulations are not maintained. No lot shall be reduced in size so as to produce an additional lot, which is not in conformity with these regulations, unless the lot is combined with other land to produce a conforming lot or unless the lot is needed and accepted for public use.
(Ord. passed 2-10-2009, § 1.14) Penalty, see § 151.999
§ 151.015 MAINTENANCE OF OPEN SPACES.
No yard shall be encroached upon or reduced in any manner, except in conformity with these regulations. No yard for one principal building shall be considered as a yard for any other principal building. Shrubbery, driveways, retaining walls, fences, curbs, ornamental objects and planted buffer strips shall not be construed to be encroachments on yards.
(Ord. passed 2-10-2009, § 1.15) Penalty, see § 151.999
§ 151.016 LOCATION OF ACCESSORY BUILDINGS/STRUCTURES.
(A) Accessory buildings/structures shall not be erected in the areas between a public or a paved private street right-of-way and the nearest side of the principal building as built, the required side yard setback for the zoning district, within five feet of the rear property line, or within ten feet of the principal building.
(B) On lots of five acres or more on which the owner maintains horses, the shed, stable or barn must be located a minimum of 100 feet from the front, side and rear property line. A minimum of two acres per animal is required.
(C) An accessory building/structure shall be built and located in a way to preserve the character and integrity of the neighborhood.
(Ord. passed 2-10-2009, § 1.16; Ord. passed 1-19-2021; Ord. passed - -2021; Ord. passed 5-10-2022) Penalty, see § 151.999
§ 151.017 STREET ACCESS.
No building shall be erected on a lot which does not abut an open street which is either a public street; a publicly maintained street; a public alley; or a publicly maintained alley or private street.
(Ord. passed 2-10-2009, § 1.17) Penalty, see § 151.999
§ 151.018 LOTS WITH MULTIPLE FRONTAGES.
In the case of a corner lot having frontage on two or more streets, all buildings shall be set back from each street a distance equal to the minimum front yard requirement for the district. If a building is constructed on a lot having frontage on two streets but not at an intersection, a setback from each street shall be provided equal to the front yard requirement for the district in which the lot is located. Where a minimum frontage is specified in these regulations, it shall be measured at the front yard setback line.
(Ord. passed 2-10-2009, § 1.18) Penalty, see § 151.999
§ 151.019 USES PROHIBITED.
If either a use or class of use is not specifically indicated as being permitted in a district, either as a matter of right or as a special use, then that use or class of use shall be prohibited in those districts.
(Ord. passed 2-10-2009, § 1.19) Penalty, see § 151.999
§ 151.020 CONSERVATION LAND CLASSIFICATION.
(A) The State Coastal Resources Commission has defined three areas of environmental concern (AEC) within the corporate limits:
(1) Coastal wetlands;
(2) Public trust areas; and
(3) Estuarine shorelines.
(B) Construction or modification of existing uses in these AECs will follow guidelines set forth in § 151.217 of this ordinance.
(C) Estuarine waters of the Neuse River abut the corporate limits of the town.
(Ord. passed 2-10-2009, § 1.20) Penalty, see § 151.999
§ 151.021 BOND REQUIREMENT FOR MODULAR HOMES.
(A) No zoning permit shall be issued or may any off-frame or on-frame modular home be brought within the municipal limits of the town without the owner thereof providing sufficient security to protect the town and public property from damage caused by the transportation and/or installation of an off-frame or on-frame modular home.
(B) The security shall be in accordance with the approved town fee schedule and must be in the form of a bond, irrevocable letter of credit, cash or other instrument readily converted to cash at face value, to be approved by the town’s Zoning Administrator and deposited with the Town Clerk.
(C) The provisions of this section may only be waived by vote of the Town Commissioners.
(Ord. passed 2-10-2009, § 1.21) Penalty, see § 151.999
§ 151.022 TILING; CHANGES IN RIGHT-OF-WAY DITCHES; STORM WATER DRAINAGE.
(A) The tiling or other alteration of right-of-way drainage ditches shall be permitted only with the express approval of the Town Zoning Administrator, and only after adequate verification that the tiling or other alteration will not impede or accelerate unreasonably the flow of storm water runoff to adjoining property.
(B) If approval for tiling is granted, the person requesting the approval shall install in conjunction with the tiling catch basins as may be required by the Town Zoning Administrator after taking into consideration the length of the right-of-way drainage ditch to be tiled.
(C) For those drainage ditches and drainage tile installed in the town’s right-of-way by the property owner, either current or prior, it is the then current property owner’s responsibility to maintain those drainage ditches and tiles.
(Ord. passed 2-10-2009, § 1.22) Penalty, see § 151.999
§ 151.023 CONFLICTS OF INTEREST.
(A) Governing board. A governing board member shall not vote on any legislative decision regarding a development regulation adopted pursuant to this chapter where the outcome of the matter being considered is reasonably likely to have a direct, substantial, and readily identifiable financial impact on the member. A governing board member shall not vote on any zoning amendment if the landowner of the property subject to a rezoning petition or the applicant for a text amendment is a person with whom the member has a close familial, business, or other associational relationship.
(B) Appointed Boards. Members of appointed Boards shall not vote on any advisory or legislative decision regarding a development regulation adopted pursuant to this chapter where the outcome of the matter being considered is reasonably likely to have a direct, substantial, and readily identifiable financial impact on the member. An appointed Board member shall not vote on any zoning amendment if the landowner of the property subject to a rezoning petition or the applicant for a text amendment is a person with whom the member has a close familial, business, or other associational relationship.
(C) Administrative staff.
(1) No staff member shall make a final decision on an administrative decision required by this chapter if the outcome of that decision would have a direct, substantial, and readily identifiable financial impact on the staff member or if the applicant or other person subject to that decision is a person with whom the staff member has a close familial, business, or other associational relationship. If a staff member has a conflict of interest under this section, the decision shall be assigned to the supervisor of the staff person or such other staff person as may be designated by the development regulation or other ordinance.
(2) No staff member shall be financially interested or employed by a business that is financially interested in a development subject to regulation under this chapter unless the staff member is the owner of the land or building involved. No staff member or other individual or an employee of a company contracting with a local government to provide staff support shall engage in any work that is inconsistent with his or her duties or with the interest of the local government, as determined by the local government.
(D) Quasi-judicial decisions. A member of any Board exercising quasi-judicial functions pursuant to this chapter shall not participate in or vote on any quasi-judicial matter in a manner that would violate affected persons' constitutional rights to an impartial decision maker. Impermissible violations of due process include, but are not limited to, a member having a fixed opinion prior to hearing the matter that is not susceptible to change, undisclosed ex parte communications, a close familial, business, or other associational relationship with an affected person, or a financial interest in the outcome of the matter.
(E) Resolution of objection. If an objection is raised to a Board member's participation at or prior to the hearing or vote on a particular matter and that member does not recuse himself or herself, the remaining members of the Board shall by majority vote rule on the objection.
(F) Familial relationship. For purposes of this section, a "close familial relationship" means a spouse, parent, child, brother, sister, grandparent, or grandchild. The term includes the step, half, and in-law relationships.
(Ord. passed - -2021)
§ 151.024 WHO MAY APPLY; APPROVALS RUN WITH LAND; VESTED RIGHTS; REVOCATION.
(A) Applications for development approvals may be made by the landowner, a lessee or person holding an option or contract to purchase or lease land, or an authorized agent of the landowner. An easement holder may also apply for development approval for such development as is authorized by the easement.
(B) Unless provided otherwise by law, all rights, privileges, benefits, burdens, and obligations created by development approvals made pursuant to the Code of Minnesott Beach pursuant to G.S. Chapter 160D attach to and run with the land.
(C) Upon issuance of a development permit, the statutory vesting granted by G.S. § 160D-108(c) for a development project is effective upon filing of the application in accordance with G.S. § 143-755, for so long as the permit remains valid pursuant to law. Unless otherwise specified by G.S. § 160D-108 or other statute, local development permits expire one year after issuance unless work authorized by the permit has substantially commenced.
(D) A vested right is established with respect to any property upon the valid approval, or conditional approval, of a site-specific vesting plan as provided in G.S. § 160D-108.1. Such a vested right confers upon the landowner the right to undertake and complete the development and use of the property under the terms and conditions of the site-specific vesting plan, including any amendments thereto.
(E) Except where a longer vesting period is provided by statute or the Code of Minnesott Beach, the statutory vesting granted by G.S. § 160D-108, once established, expires for an uncompleted development project if development work is intentionally and voluntarily discontinued for a period of not less than 24 consecutive months.
(F) Notwithstanding division (C) of this section, a building permit issued pursuant to G.S. Chapter 160D, Article 11 expires by limitation six months after the date of issuance if the work authorized by the permit has not been commenced. If, after commencement, the work is discontinued for a period of 12 months, the permit shall immediately expire. No work authorized by any building permit that has expired shall be performed until a new permit has been secured.
(G) Notwithstanding division (C) of this section, a vested right for a site-specific vesting plan remains vested for a period of two years. This vesting shall not be extended by any amendments or modifications to a site-specific vesting plan unless expressly provided by the town.
(H) In addition to initiation of enforcement actions under G.S. § 160D-404, development approvals may be revoked by the town issuing the development approval by notifying the holder in writing stating the reason for the revocation. The town shall follow the same development review and approval process required for issuance of the development approval, including any required notice or hearing, in the review and approval of any revocation of that approval. Development approvals shall be revoked for any substantial departure from the approved application, plans, or specifications; for refusal or failure to comply with the requirements of any applicable town regulation or any state law delegated to the town for enforcement purposes in lieu of the state; or for false statements or misrepresentations made in securing the approval. Any development approval mistakenly issued in violation of an applicable state or local law may also be revoked. The revocation of a development approval by a staff member may be appealed pursuant to G.S. § 160D-405. If an appeal is filed regarding a development regulation adopted by the town pursuant to this chapter, the provisions of G.S. § 160D-405(f) regarding stays apply.
(Ord. passed 7-6-2022, § 2.3)
§ 151.025 PERMIT CHOICE.
If a land development regulation is amended between the time a development permit application was submitted and a development permit decision is made or if a land development regulation is amended after a development permit decision has been challenged and found to be wrongfully denied or illegal, the provisions of G.S. § 143-755 apply.
(Ord. passed 7-6-2022, § 2.4)