This Ordinance shall be known and may be cited as the "Mint Hill Unified Development Ordinance" or "UDO."

(Ord. No. 598, 4-14-2011)

A.

This Ordinance is adopted pursuant to the authority granted to the Town of Mint Hill by G.S. Chapter 160D, Article 2, and by any special local acts enacted by the North Carolina General Assembly for the Town of Mint Hill in order to carry out the purposes stated therein. The standards, districts and maps identified in this Ordinance shall be in accordance with the objectives and policies of locally adopted comprehensive plans and other such plans as may have been adopted for the physical development of the Town of Mint Hill and its extraterritorial jurisdiction.

B.

The purpose of this UDO is to implement the adopted Land Use Plan and promote the orderly development of the Town of Mint Hill. The Ordinance enables the Town of Mint Hill to respond uniformly and consistently to development proposals and to promote the health, safety, and general welfare of its residents. The UDO seeks to provide uniformity, certainty, and predictability regarding land use and development issues to the greatest degree feasible for properties located within the jurisdiction of this Ordinance. Notwithstanding, this Ordinance also attempts to provide flexibility in dealing with situations that may fall outside typical processes and requirements. The elements that make up the Ordinance are interrelated and cannot be taken in isolation; they must be taken within the context and intent of the entire Ordinance.

C.

Other goals this UDO is anticipated to serve include:

1.

Lessen congestion on streets;

2.

Secure safety from fire, panic and dangers;

3.

Avoid undue overcrowding while also encouraging efficient use of limited land resources;

4.

Facilitate the efficient and adequate provision of transportation, water, sewerage, schools, parks and other public requirements;

5.

Provide a guide for the orderly growth and development of the Town;

6.

Regulate the use of buildings, structures and land;

7.

Control the bulk, scale and design of buildings and structures;

8.

Ensure adequate privacy and access to property;

9.

Maintain orderly and compatible land use and development patterns;

10.

Protect the integrity of water supply watersheds;

11.

Encourage environmentally responsible development practices;

12.

Maintain and develop economically vibrant commercial and industrial areas;

13.

Provide for attractive and effective signage that is compatible with the surrounding environment;

14.

Accommodate and promote pedestrians and pedestrian use to the greatest degree feasible and practical in the interest of promoting health, safety and welfare;

15.

Allow a range of housing choices and options;

16.

Establish clear and effective development review procedures;

17.

Coordinate transportation networks and utilities within proposed subdivisions with existing or planned streets and highways and other public facilities.

(Ord. No. 598, 4-14-2011; Ord. No. 798, 7-8-2021)

A.

The regulations contained herein shall govern the use of all land and the development thereof within all of the incorporated area of the Town of Mint Hill, North Carolina and the land area within its extraterritorial planning jurisdiction.

B.

A copy of a map showing the boundaries of the Town of Mint Hill's planning jurisdiction shall be available for public inspection in the Planning Department. In addition, the Planning Department may make electronic copies of the map available via a website or electronic mail.

(Ord. No. 598, 4-14-2011)

A.

Should any part, section, paragraph, subsection, clause or provision of this Ordinance be adjudged invalid by a court of competent jurisdiction, such adjudication shall apply only to such part, section, paragraph, subsection, clause or provision so adjudged; and the remainder of this Ordinance shall be deemed valid and effective.

B.

In addition, should any boundary of any district of the zoning maps, as presently or as may hereafter be adopted, be declared by a recognized court of competent jurisdiction to be invalid or unconstitutional, such decision shall not effect the validity of this Ordinance or the Official Zoning Map as a whole or any part thereof other than the specific part so decided to be invalid or unconstitutional.

(Ord. No. 598, 4-14-2011)

A.

Reasonable fees sufficient to cover the costs of administration, inspection, publication of notice and similar matters may be charged to applicants for applications including, but not limited to, conditional zoning applications, subdivision plat approval, zoning amendments, variances, appeals and other administrative relief. The amount of the fees charged shall be as set forth in the Town's then-current fee schedule (entitled at the time of adoption of this Ordinance the "Mint Hill Planning Department Fee Schedule"), which may be updated from time to time by the Board of Commissioners.

B.

Except as otherwise provided in this UDO or the miscellaneous fees and charges schedule, fees established in accordance with Subsection (A) shall be paid upon submission of a signed application or notice of appeal. No application will be deemed complete by the Administrator unless and until the applicable fee(s) are paid.

C.

While applications shall be processed expeditiously under this Ordinance, the Administrator may delay action on any application until all fees (including without limitation, engineering review fees) arising out of the permit review process for that particular development have been paid.

D.

Nothing in this Section shall be read to restrict the Board of Commissioners' right, in its sole discretion, to waive any fees that might otherwise apply, or the Administrator's right to waive fees in reasonable circumstances.

(Ord. No. 598, 4-14-2011; Ord. No. 798, 7-8-2021)

The Town of Mint Hill has the authority to make technical corrections to remedy typographical or clerical errors, without going through the requirements of G.S. Chapter 160D. None of these technical corrections shall be substantive in nature.

(Ord. No. 598, 4-14-2011; Ord. No. 798, 7-8-2021)

This UDO shall become effective on July 1, 2011.

(Ord. No. 598, 4-14-2011)