This Ordinance shall be known and may be cited as the "Morehead City Unified Development Ordinance." References to "Ordinance" shall mean Morehead City Unified Development Ordinance.

(Ord. No. 2025-O-04, 1-14-2025)

1-2.1

This Ordinance is adopted pursuant to the authority contained in G.S. 160A-174 which states that a city may, by ordinance, define, prohibit, regulate, or abate acts, omissions, or conditions detrimental to the health, safety, or welfare of its citizens and the peace and dignity of the city, and may define and abate nuisances, and G.S. 160D-103 which allows cities to combine ordinances related to planning and development into a unified ordinance.

1-2.2

Whenever any provision of this Ordinance refers to or cites a section of the North Carolina General Statutes (G.S.) and that section is later amended or superseded, the Ordinance shall be deemed amended to refer to the amended section or the section that most nearly corresponds to the superseded section.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. No. 2025-O-04, 1-14-2025)

1-3.1

This Ordinance shall be effective within the City's corporate limits and within the City's extraterritorial jurisdiction as shown on the Official Zoning Map for Morehead City (hereinafter referred to as "Zoning Map"). Such planning jurisdiction may be modified from time to time in accordance with Chapter 160D. However, bona fide farms shall not be affected by these regulations, but any use of such property for nonfarm purposes shall be subject to these regulations.

1-3.2

In addition to other locations required by law, a copy of the Zoning Map showing the boundaries of the City's planning jurisdiction shall be available for public inspection in the planning department. The Zoning Map shall also be kept on file with the Clerk to the City Council. Copies of the Zoning Map may be reproduced by any method of reproduction that gives legible and permanent copies and, when certified by the Clerk to City Council in accordance with N.C.G.S. § 160A-79, shall be admissible into evidence and shall have the same force and effect as would the original map.

(Ord. No. 2025-O-04, 1-14-2025)

The purpose of these regulations shall be to accomplish compatible development of the land within the planning area of Morehead City in accordance with the Morehead City Land Use Plan and in a manner which will substantially promote the health, safety, and general welfare of the people, as well as to provide for efficiency and economy in the process of development; to make adequate provisions for traffic; to secure safety from fire, panic, and other hazards; to provide for light and air; to prevent the overcrowding of land; to avoid undue concentration of population; to facilitate the adequate provision of transportation, water, sewerage, schools, parks, and other public requirements; to promote desirable living conditions and the sustained stability of neighborhoods; to protect property against blight and depreciation and for other purposes in accordance with the Land Use Plan for Morehead City.

This Ordinance will also establish procedures and standards for the development and subdivision of land within the territorial jurisdiction of Morehead City. It is further designed to provide for the orderly growth and development of the City; for the coordination of transportation networks and within proposed subdivisions with existing or planned streets and highways and with other public facilities; for the dedication or reservation of recreation areas serving residents of the immediate neighborhood within the subdivision and of right-of-way or easements for street and utility purposes; and for the distribution of population and traffic in a manner that will avoid congestion and overcrowding and will create conditions essential to public health, safety, and the general welfare. This Ordinance is designed to further facilitate adequate provisions for water, sewerage, parks, schools, and playgrounds, and also to facilitate the further resubdivision of larger tracts into smaller parcels of land.

(Ord. No. 2025-O-04, 1-14-2025)

The provisions in this Ordinance were originally adopted and became effective on June 12, 2001, and as amended on June 8, 2021.

To the extent that the provisions of this Ordinance are the same in substance as the previously adopted provisions that they replace in the City's zoning and subdivision ordinances, they shall be considered as continuations thereof and not as new enactments unless otherwise specifically provided. In particular, a situation that did not constitute a lawful, nonconforming situation under the previously adopted zoning or subdivision ordinance does not achieve lawful nonconforming status under this Ordinance merely by the repeal of the zoning or subdivision ordinance.

(Ord. No. 2025-O-04, 1-14-2025)

It is the intention of the City Council that this Ordinance implements the planning policies adopted by the City Council for the City and its extraterritorial planning area, as reflected in the CAMA Land Use Plan and other planning documents. While the City Council reaffirms its commitment that this Ordinance and any amendment to it be in conformity with adopted planning policies, the City Council hereby expresses its intent that neither this Ordinance nor any amendment to it may be challenged on the basis of any alleged nonconformity with any planning document.

1-7.1

Relationship to 160D. Chapter 160D of the North Carolina General Statutes applies to this Ordinance. In the event of any conflict between this Ordinance and Chapter 160D, the provisions of Chapter 160D shall control.

(Ord. No. 2025-O-04, 1-14-2025)

1-8.1

Subject to Article 8 of this Ordinance (Nonconforming Situations), no person shall commence or proceed with development without first securing approval from the City as herein provided.

As defined in N.C.G.S. § 160D(12), "development" means any of the following:

(A)

The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure.

(B)

The excavation, grading, filling, clearing, or alteration of land.

(C)

The subdivision of land as defined in N.C.G.S. § 160D-802.

(D)

The initiation or substantial change in the use of land or the intensity of use of land.

1-8.2

For purposes of this section, the "use" or "occupancy" of a building or land relates to anything and everything that is done to, on, or in that building or land.

(Ord. No. 2025-O-04, 1-14-2025)

1-9.1

Reasonable fees sufficient to cover the costs of administration, inspection, publication of notice and similar matters may be charged to applicants for zoning permits, sign permits, special-use permits, subdivision plat approval, zoning amendments, variances and other administrative relief. The amount of the fees charged shall be as set forth in the City's fee schedule.

1-9.2

Fees established in accordance with Subsection 1-9.1 shall be paid upon submission of a signed application or notice of appeal.

(Ord. No. 2025-O-04, 1-14-2025)

It is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses, and phrases of this Ordinance are severable, and if any such section, paragraph, sentence, clause, or phrase is declared unconstitutional or otherwise invalid by any court of competent jurisdiction in a valid judgment or decree, such unconstitutionality or invalidity shall not affect any of the remaining sections, paragraphs, sentence, clauses, or phrases of this Ordinance since the same would have been enacted without the incorporation into this Ordinance of such unconstitutional or invalid section, paragraph, sentence, clause, or phrase.

1-11.1

Unless otherwise specifically provided, a time period upon which an act is to be completed shall be computed by excluding the day of notification and including the entire last day of period expiration. If the last day is a Saturday, Sunday, or legal holiday, that day shall be excluded. When the period of time prescribed is less than seven (7) days, Saturdays, Sundays, and holidays shall be excluded.

1-11.2

Unless specified otherwise, in the absence of evidence to the contrary, delivery by first-class mail shall be deemed received on the third business day following deposit of the item for mailing with the United States Postal Service, and delivery by electronic mail shall be deemed received on the date sent.

This Ordinance is not intended to repeal, abrogate, annul, impair, or interfere with any existing easements, covenants, deed restrictions, agreements, rules, regulations, or permits previously adopted or issued pursuant to law.

(A)

City Council. A member of the City Council shall not vote on any legislative decision regarding a development regulation under this Ordinance where the outcome of the matter being considered is reasonably likely to have a direct, substantial, and readily identifiable financial impact on the member.

(B)

Appointed Boards. Members appointed to boards by the City Council shall not vote on any advisory or legislative decision regarding a development regulation where the outcome of the matter being considered is reasonably likely to have a direct, substantial, and readily identifiable financial impact on the member.

(C)

Administrative Staff. No staff member shall make a final decision on an administrative decision regarding a development regulation 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 under this Ordinance.

No staff member shall be financially interested or employed by a business that is financially interested in a development subject to regulation under this Ordinance 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 the City to provide staff support shall engage in any work that is inconsistent with his or her duties or with the interest of the City, as determined by the City.

(D)

Quasi-Judicial Decisions. When a member of the City Council or any board appointed by its City Council is exercising quasi-judicial functions, board members 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. No. 2025-O-04, 1-14-2025)