A.   The official title of this document is Chapter 157: Unified Development Ordinance for the City of Monroe, North Carolina and is referred to throughout this document as “the Unified Development Ordinance”, “this Ordinance”, or “This UDO”.

   B.   This UDO is adopted pursuant to the authority contained in Chapter 160D of the North Carolina General Statutes, and as amended, and for the purpose of promoting the health, safety, morals, or general welfare of the citizens of the City of Monroe.

   This UDO is adopted to protect and promote the public health, safety and general welfare of residents and businesses in the City of Monroe. Forward Monroe is recognized as the City’s blueprint for development and the foundation upon which land use decisions are based. While Forward Monroe serves as a guide for land use and future development, the UDO shall act as an implementation and regulatory document for all policies and goals contained within the Forward Monroe and other officially adopted plans. Specifically, this UDO intends to accomplish the following objectives:

   A.   Provide regulations to support compatible, orderly growth and development within the City;

   B.   Support and encourage economic development;

   C.   Preserve and enhance the visual attractiveness and vitality of Monroe;

   D.   Promote the safety and well-being of the citizens of Monroe;

   E.   Secure the safety of landowners and residents from flooding, fire, seismic activity, and dangers presented from extreme weather events, to the extent possible;

   F.   Protect and revitalize Monroe’s neighborhoods and gateways;

   G.   Ensure the provision of adequate open space;

   H.   Facilitate the adequate and economical provision of transportation, water, sewage, schools, parks, and other public services;

   I.   Improve the built environment and provide a comfortable environment for pedestrians;

   J.   Encourage development patterns that support a variety of housing stock and community forms;

   K.   Maintain the character of areas within the City, including commercial corridors, downtown, and suburban and traditional neighborhoods;

   L.   Allow for a mixture of uses in certain areas of the City and promote compact urban form and walkability;

   M.   Ensure sufficient land availability for public rights-of-way and utilities;

   N.   Better manage and lessen congestion in the streets;

   O.   Encourage increased densities in areas which can support an increase in dwelling units; and

   P.   Require safe, compatible development through the use of development regulations.

   This UDO was adopted on April 12, 2022 and became effective on April 12, 2022 by Ordinance No. O-2022-29 and repeals and replaces Monroe’s form Unified Development Ordinance, as originally adopted on December 16, 2003, and subsequently amended, which is referred to throughout this document as “the previous Unified Development Ordinance”, “the previous Ordinance”, or “the previous UDO.”

   A.   This UDO is consolidates the City’s zoning, subdivision, and flood damage prevention regulations, as authorized by the North Carolina General Statutes.

   B.   This UDO is adopted in accordance with:

      1.   The Monroe City Charter;

      2.   G.S. Chapter 160A, Article 8 (Police Powers);

      3.   North Carolina General Statute (G.S.) § 160D-103 (Unified development ordinance);

      4.   G.S. § 160D-201(Planning and development jurisdiction);

      5.   G.S. § 160D-202 (Municipal extraterritorial jurisdiction);

      6.   G.S. § 160D-702 (Grant of power);

      7.   G.S. § 160D-801 (Subdivision Regulation — Authority).

      8.   Chapter 143, Article 21 (Water and Air Resources);

      9.   Chapter 113A, Article 4 (Sedimentation and Pollution Control);

      10.   All other relevant laws of the state of North Carolina; and

      11.   Any special legislation enacted by the North Carolina General Assembly.

   C.   Whenever any portion, Section, or provision of this UDO refers to or cites a section of the North Carolina General Statutes, the North Carolina Administrative Code, or any other adopted state law or regulation, and that section is later amended or superseded, this UDO shall be deemed amended to refer to the amended section.

   The provisions of this Ordinance shall apply to the development of all land within the corporate limits and Extraterritorial Jurisdiction (ETJ) of the City of Monroe, as shown on the adopted Official Zoning Map.

   A.   No land shall be developed, unless exempted, without compliance with this Ordinance and all other applicable city, state, and federal regulations.

   B.   No person shall use, occupy, or divide any land or a building or authorize or permit the use, occupancy, or division of land or a building under their control, without compliance with this Ordinance and all other applicable city, state, and federal regulations.

   C.   No building, or portion thereof, shall be erected, used, occupied, maintained, moved, or altered except in conformity with the applicable regulations in this Ordinance.

   A.   Unless stated otherwise, in the event of a conflict with the provisions of the Unified Development Ordinance, the most restrictive requirement shall apply.

   B.   Graphic illustrations, illustrative intents, and any photographic images used throughout this Ordinance are intended only to graphically portray the regulatory standards and overall intents established throughout this Ordinance. These images are considered guidelines as opposed to regulatory standards. Where in conflict, numerical metrics shall take precedence over graphic illustrations.

(Am. Ord. O-2024-03, passed 1-18-24)

   In the interpretation and application of this Ordinance, all provisions shall be considered as minimum requirements and shall not be deemed to limit or repeal any other powers or authority granted under the North Carolina General Statutes.

   The City may review private agreements, such as those related to maintenance of private common open space, shared parking, or cross access easements, but the City is not responsible for monitoring or enforcing private covenants and restrictions.

   A.   Purpose. The purpose of this Section is to conform to G.S. § 160D-108 and G .S. § 160D-108.1, recognize that local government approval of development typically follows significant investment in site evaluation, planning, development costs, consultant fees, and related expense and to establish certain vested rights in order to ensure reasonable certainty, stability, and fairness in the development regulation process, to secure the reasonable expectations of landowners, and to foster cooperation between the public and private sectors in land-use planning and development regulation.

   C.   Vested rights shield prior-approved development from the requirement to comply with changes in this UDO or other City requirements. Vested rights are applied in accordance with G.S. § 160D-108 and G.S. § 160D-108.1.

      1.   Buildings or uses of buildings or land for which a development permit application has been submitted and subsequently issued in accordance with G.S. § 143-755.

      2.   Subdivisions of land for which a development permit application authorizing the subdivision has been submitted and subsequently issued in accordance with G.S. § 143-755.

      3.   A site-specific vesting plan pursuant to G.S. § 160D-108.l.

      4.   A multi-phased development pursuant to G.S. § 160D-108(f).

      5.   A vested right established by the terms of a development agreement.

      1.   Except for building permits, site-specific vesting plans, development agreements, and multi-phased developments, any development approval under this UDO shall be vested from changes in this UDO for a period of one (1) year from the date of approval, provided the development subject to the approval complies with all applicable terms and conditions. Development approvals include, but are not limited to, zoning permits, site plan approvals, special use permits, variances and certificate of appropriateness, and the like.

      2.   A valid development approval shall not expire if work on the project has substantially commenced within the initial validity period. Substantial commencement of work shall be determined by the Director of Planning based on the following:

         a.   The development has received and maintained a valid erosion and sedimentation control permit and conducted grading activity on a continuous basis and not discontinued it for more than thirty (30) days;

         b.   The development has installed substantial on-site infrastructure; or

         c.   The development has received and maintained a valid building permit for the construction and approval of a building foundation.

      3.   Once vesting rights have been established, development permits expire for an uncompleted development project if development work is intentionally and voluntarily discontinued for a period of not less than twenty-four (24) consecutive months.

      1.   Development approvals identified by this UDO as site-specific vesting plans shall be granted a vested right to develop for a maximum period of two (2) years from the date of the approval, provided the development subject to the approval complies with all applicable terms and conditions.

      2.   The following types of development approvals shall be considered site-specific vesting plans:

         a.   Concept plans associated with a conditional rezoning approved in accordance with Section 3.4.6., Zoning Map Amendment (Rezoning);

         b.   Major subdivision final plat approved in accordance with Section 3.4.16., Major Subdivision Final Plat;

         c.   Planned developments approved in accordance with Section 3.4.7., Planned Developments;

         d.   Major subdivision preliminary plat approved in accordance with Section 3.4.15., Major Subdivision Preliminary Plat;

         e.   Site and development plan (Site Plan) approved in accordance with Section 3.4.17., Site and Development Plan;

         f.   Special use permit approved in accordance with Section 3.4.9., Special Use Permits.

      3.   Site-specific vesting plans meeting the definition of multi-phase development shall be vested in accordance with Section 1.1.9(H).

      4.   Approved site-specific vesting plans may receive a vesting period exceeding two (2) years upon approval of a vested right certificate in accordance with Section 3.4.8, Vested Rights Certificate, not to exceed a total of three (3) years.

      1.   A multi-phase development plan that occupies at least twenty-five (25) acres of land area is subject to a master plan that depicts the types and intensities of all uses as part of the approval and includes more than one phase shall be considered as a multi-phase development plan that is granted a vested right to develop for a period of seven (7) years from the date of approval of the first site plan associated with development.

      2.   Vesting shall commence upon approval of the site plan for the first phase of the development.

      3.   The vested right shall remain in affect provided the development does not expire and provided it complies with all the applicable terms and conditions of the approval.

      1.   Even with the establishment of a site-specific vesting plan, the property owner must meet all standards and conditions of the development approval. Nothing in this code shall prohibit the revocation of the original approval or other remedies for failure to comply with applicable terms and conditions of the approval or the Unified Development Code according to G.S. § 160D-403(t). The development remains subject to subsequent review and approvals to ensure compliance with the terms and conditions of the original approval as provided for in the original approval or by applicable regulations.

      2.   The establishment of a vested right pursuant to the Unified Development Ordinance shall not preclude the application of overlay zoning that imposes additional requirements but does not affect the allowable type or intensity of use, or ordinances or regulations that are general in nature and are applicable to all property subject to land use regulation by the City of Monroe, including, but not limited, to building, fire, plumbing, electrical, and mechanical codes.

      3.   New and amended zoning regulations that would be applicable to certain property but for the establishment of a vested right shall become effective upon the expiration or termination of the vested rights period provided for in this chapter.

      4.   Upon issuance of a building permit, the expiration provisions of G.S. §§ 160D-1111 and 160D-1115 apply, except that a building permit shall not expire or be revoked because of the running time while a zoning vested right under this section is outstanding.

      5.   Any vested rights for a site-specific vesting plan are subject to the exceptions specified in G.S. § 160D-108.l.

      1.   Any substantial departure from the approved application, plans or specifications;

      2.   Refusal or failure to comply with the requirements of any applicable local development regulation or any State law delegated to the City for enforcement purposes in lieu of the State;

      3.   False statements or misrepresentations made in securing the approval.

      4.   Any development approval mistakenly issued in violation of an applicable State or local law may also be revoked.

         a.   If at any time the Director of Planning and Development determines a development approval or vested right shall be revoked, the developer will be notified in writing stating the reasons with evidence supporting the finding and determination.

         b.   The revocation of a development approval by staff may be appealed in accordance to Section 3.4.11., Appeals.

         c.   If a development approval or vested rights is revoked, then the underlying vesting document is also revoked.

      1.   There is an affirmative governmental act by the City in the form of an approval of a permit or development approval under this Unified Development Ordinance (UDO); and

      2.   The landowner relies on this affirmative governmental act in good faith and makes substantial expenditures to develop the land; and

      3.   It would be inequitable to prevent the landowner from proceeding to develop the land consistent with the terms and conditions of the permit or development approval relied upon.

 

(Ord. O-2023-33, passed 8-8-23)

   The legislative intent of the City Council in adopting this Ordinance is that all provisions shall regulate development in accordance with the existing and future needs of the City as established in this Ordinance, and promote the public health, safety, and general welfare of the landowners and residents of Monroe. If any section, subsection, sentence, boundary, or clause of this Ordinance is for any reason held by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remaining portions of the Ordinance. The City Council hereby declares that it would have passed this Ordinance and any section, subsection, sentence, boundary, clause, and phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, boundaries, clauses, or phrases are declared invalid.

   A.   If the Planning Director finds that any provision of this chapter is being violated, he or she shall send a written notice to the person responsible for such violation, indicating the nature of the violation and ordering the action necessary to correct it. Additional written notices may be sent at the Planning Director’s discretion.

   B.   The final written notice (and the initial written notice may be the final notice) shall state what action the Administrator intends to take if the violation is not corrected and shall advise that the Administrator’s decision or order may be appealed to the Board of Adjustment.

   C.   Violations of this chapter will be handled in pursuant to §§ 10.19 and 10.99 of the City of Monroe Code of Ordinances.

   A.   The boundaries and locations established by this Ordinance shall be designated on a map or maps entitled Official Zoning Map(s) of the City of Monroe. The Official Zoning Map, as amended, is hereby incorporated by reference herein and made part of this Ordinance.

   B.   No changes shall be made in the Official Zoning Map except in conformity with the procedures set forth in this UDO.

   C.   The Official Zoning Map is the final authority as to zoning status of all lands and waters in the City.

   D.   In accordance with G.S. § 160D-105, the Official Zoning Map shall be maintained in a digital format and paper copies shall be kept on file in the Planning and Development Department and are available for public inspection during normal business hours.

   E.   The digital version of the Official Zoning Map maintained in the offices of the Planning and Development Department shall be the final authority as to the status of the current zoning district classification of land in the City’s jurisdiction.

   F.   In the event that any uncertainty exists with regards to intended boundaries as shown on the Official Zoning Map, the Planning and Development Director is authorized to interpret the boundaries. The following rules shall apply:

      1.   For boundaries shown as approximately following a street, highway alley, road, right-of-way, parkway, utility line, railroad, stream, or watercourse, the boundary shall be deemed to be the centerline of such feature.

      2.   If a street, alley, railroad, or utility easement forming the boundary between two separate zoning districts is abandoned or removed from dedication, the district boundaries shall be construed as following the centerline of the abandoned or vacated roadbed or utility easement.

      3.   Boundaries indicated as approximately following lot lines, shall be construed as following the lot line as it existed when the boundary was established; provided, however, that, where such boundaries are adjacent to a street or alley and the zoning status of the street or alley is not indicated, the boundaries shall be construed as running to the middle of the street or alley. If a subsequent minor adjustment (such as from settlement of boundary dispute or overlap) results in the lot line moving ten (10) feet or less, the zoning boundary shall be interpreted as moving with the lot line.

      4.   Boundaries indicated as approximately following the boundary of the City limits shall be construed as following the boundary of Municipal Corporation.

      5.   Boundaries indicated as approximately following a river, stream, canal, lake or other watercourse shall be interpreted as following the centerline of the watercourse as it actually exists, and as moving with that centerline to the extent the watercourse moves as a result of natural resources (flooding, erosion, sedimentation, etc.).

      6.   Boundaries indicated as following physical features other than those mentioned in subsections of this Section shall be construed as following such physical features, except where variation of the actual location from the mapped location would change the zoning status of a lot or parcel, and in such case the boundary shall be interpreted in such manner as to avoid changing the zoning status of any lot or parcel.

      7.   Boundaries indicated as parallel to or extensions of features indicated in subsections of this Section shall be construed as being parallel to or extensions of such feature.

      8.   Wherever a single lot is located within two or more different zoning districts, each portion of the lot shall be subject to all the regulations applicable to the zoning district where it is located.

      9.   Distances not specifically indicated on the Official Zoning Map shall be determined by the scale of the map.

   A.   Purpose. For this purpose of this UDO, the City of Monroe is hereby divided into traditional zoning districts, mixed-use districts, overlays, and conditional districts. Land zoned under the previous UDO shall be reclassified to one of the zoning district classifications in this UDO, as set forth in Sections 4-6.

   B.   Intent. It is the intent of this Section to list all zoning districts (traditional and mixed use).

      1.   Section 4 of this UDO establishes all standards for traditional zoning districts.

      2.   Section 5 establishes all standards for mixed-use districts. The location of mixed-use zoning districts shall be consistent with the mixed-use nodes recognized in the City’s Land Use Plan, Forward Monroe.

      3.   Section 6 establishes all standards for overlays.

      4.   Conditional districts shall follow the standards set forth in Section 3 and Section 4.6 of this UDO.

   C.   Transition to New Zoning Districts. As of the effective date of this UDO, land zoned with a zoning district classification from the previous UDO shall be translated or reclassified to one of the zoning district classifications in this UDO as set forth in Sections 4-6. Table 1.3.1 below shows the translation or reclassification of the former zoning districts used in the previous UDO to the corresponding new zoning districts under this UDO. If a use was a lawfully established permitted use before the effective date of this UDO, and is subsequently made a special use in Table 7.1 Table of Permissible Uses, the use shall be considered a lawfully established special use. Previously approved conditional districts are recognized as conforming and shall continue under the provisions of the adopted conditional district ordinance. Unless prohibited by City Council as part of the original approval, a conditional rezoning approved before the effective date of this UDO may include minor changes from the approved conditions in accordance with the standards for site and development plan reviews in Section 3.4.17. To the extent a landowner proposes development that is not allowed by a conditional zoning approved before effective date of this UDO, it must be amended in accordance with the standards for a zoning map amendment (rezoning) consistent with Section 3.4.6.

 

 

   A.   Residential.

      1.   Residential Rural (RR) — Intends to implement the rural residential land use character area as identified in Forward Monroe.

      2.   Residential, Low Density (RLD) — Intends to implement the rural residential land use character area as identified in Forward Monroe.

      3.   Residential, Medium Density (RMD) — Intends to implement the suburban residential land use character area as identified in Forward Monroe.

      4.   Residential, High Density (RHD) — Intends to implement the traditional residential land use character area as identified in Forward Monroe.

   B.   Commercial.

      1.   Office/Medical (OM) — Intends to accommodate a mixture of office, medical, and residential uses. OM shall help act as a transition between commercial areas and residential districts.

      2.   Neighborhood Business (NB) — Intends to permit neighborhood commercial establishments.

      3.   General Business (GB) — Intends to allow for a variety of commercial establishments.

   C.   Industrial.

      1.   General Industrial (GI) — Intends to allow for varying intensities of light industrial uses.

      2.   Heavy Industrial (HI) — Intends to allow for heavy industrial uses.

   D.   Planned.

      1.   Planned Commercial Development (PCD) — Intends to allow for master planned commercial developments.

      2.   Planned Unit Development (PUD) — Intends to allow for master planned residential developments.

   E.   Mixed-Use Districts. The mixed-use districts intend to allow for a mixture of uses with varying development standards to promote compact, walkable, urban environments.

      1.   Downtown Central Mixed-Use (DC-MX).

      2.   Downtown Gateway Mixed-Use (DG-MX).

      3.   Community Corridor Mixed-Use 1(CC-MX3).

      4.   Community Corridor Mixed-Use 2 (CC-MX2).

      5.   Regional Corridor Mixed-Use (RC-MX).

      6.   Medical District Mixed-Use (MD-MX).

   A legal structure, use, or lot that conformed to previous standards and regulations set forth in the previous UDO prior to the effective date of this UDO, but no longer meets the standards set forth in this UDO, the structure, use, or lot shall be deemed nonconforming and shall meet the provisions set forth in Section 10: Nonconformities.

   Any structure, use, or lot which has been created or configured illegally prior to the adoption of this UDO, but is subsequently made legal by this UDO, shall be deemed as legal on the effective date of this UDO adoption. Conversely, any structure, use or lot that was illegal prior to the adoption of this UDO, and still does not meet the standards and regulations in the UDO are considered illegal. Illegal structures, uses, and lots shall not be considered under this Ordinance as nonconforming.

   A.   Any development approvals granted before effective date of this UDO shall remain valid until their expiration date.

   B.   Developments with valid approvals maybe carried out in accordance with the terms and conditions of their approval and the development standards in effect at the time of approval, provided the approval is valid and has not expired.

   C.   If an approval expires or is revoked, any subsequent development of the site shall be applied for in accordance with the procedures and standards of this UDO.

   D.   An applicant shall be deemed to have initiated an approved development upon the subsequent application and diligent pursuit of other required city, state, or federal permits or approvals.

   E.   To the extent an application approved prior to the effective date of this UDO proposes development that does not comply with this UDO, the subsequent development, although permitted, shall be nonconforming and subject to the provision of Section 10: Nonconformities. Any prior approvals under the previous UDO shall be authorized, unless the applicant fails to perform work before the approval expires.

   An application that is submitted to the City prior to the effective date of this UDO is deemed to be a pending application and shall meet the following requirements where applicable:

   A.   Complete Applications. Applications accepted as complete prior to the effective date of this UDO may be reviewed in accordance with either the regulations in affect at the time the application was determined complete or the regulations in this UDO, as requested by the applicant. Completed applications shall be processed in good faith and shall comply with all applicable time frames for review, approval, and completion. If the applicant fails to comply with the required time frames, the application shall expire and future development shall be subject to the requirements of this UDO.

   B.   Submitted, but Not Complete Applications. Applications that have been submitted prior to the effective date of this UDO, but not determined to be complete by the Director as of the effective date, shall be reviewed and decided in accordance with this UDO.

   Any prior violation of the previous ordinance shall continue to be a violation under this Ordinance, unless the development complies with this Ordinance. Violations of this Ordinance shall be subject to Chapter 9: Enforcement.