4-1.1

No person shall commence or proceed with development without first securing approval from the City as herein provided. The use made of property may not be substantially changed, substantial clearing, grading, or excavation may not be commenced, and buildings or other substantial structures may not be constructed, erected, moved, or substantially altered except in accordance with and pursuant to one (1) of the following permits:

(A)

A zoning and/or building permit by the City.

(B)

A special-use permit issued by the Board of Adjustment.

4-1.2

Zoning permits, building permits and special-use permits are issued under this Ordinance only when a review of the application submitted, including the plans contained therein, indicates that the development will comply with the provisions of this Ordinance if completed as proposed. Such plans and applications as are finally approved are incorporated into any permit issued, and except as otherwise provided in Section 4-15, all development shall occur strictly in accordance with such approved plans and applications.

4-1.3

Physical improvements to land to be subdivided may not be commenced until preliminary plat approval by the Planning Board for major subdivisions or after final plat approval by the Planning Director for minor subdivisions (see Part II of this Article).

4-1.4

A zoning permit, building permit and a special-use permit shall be issued to the landowner, a lessee or person holding an option or contract to purchase or lease land, or an authorized agent of the landowner; shall identify the property involved and the proposed use; shall incorporate by reference the plans submitted; and shall contain any special conditions or requirements lawfully imposed by the City. All special-use permits issued with respect to tracts of land in excess of one (1) acre shall be recorded in the Carteret County Registry after execution by the record owner as provided in Subsection 4-14.2.

4-1.5

An approval under this Ordinance shall be in writing and shall attach to and run with the land. A development approval shall a provision requiring the development to comply with all applicable State and local laws. The City may issue development approvals in print or electronic form. Any development approval issued exclusively in electronic form shall be protected from further editing once issued.

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

Issuance of a special-use or zoning permit authorizes the recipient to commence the activity resulting in a change in use of the land or (subject to obtaining a building permit) to commence work designed to construct, erect, move, or substantially alter building or other substantial structures. However, except as provided in Sections 4-7, 4-11, and 4-12, the intended use may not be commenced and no building may be occupied until all of the requirements of this Ordinance and all additional requirements imposed pursuant to the issuance of a special-use permit have been complied with.

4-3.1

Applications for zoning, building or special-use permits will be accepted only from the landowner, 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.

4-3.2

The Administrator may require an applicant to submit evidence of his authority to submit the application in accordance with Subsection 4-3.1.

4-4.1

All applications for zoning, building or special-use permits must be completed before the City is required to consider the application.

4-4.2

Subject to Subsection 4-4.3, an application is complete when it contains all of the information that is necessary for the permit-issuing authority to decide whether or not the development or use, if completed as proposed, will comply with all of the requirements of this Ordinance.

4-4.3

In this Ordinance, information to be included with applications for zoning, building and special use permits are set forth in Appendix II of this Ordinance. It is not necessary that the application contain the type of detailed construction drawings that would be necessary to determine compliance with this Ordinance, so long as the plans provide sufficient information to allow the City to evaluate the application in the light of the substantive requirements set forth in the text of this Ordinance.

4-4.4

The presumption established by this Ordinance is that all of the information set forth in Appendix II is necessary to satisfy the requirements of this section. However, it is recognized that each permit request is unique, and therefore the City may allow less information or require more information to be submitted according to the needs of the particular case.

4-4.5

The Administrator shall make every effort to develop application forms, instructional sheets, checklists, or other techniques or devices to assist applicants in understanding the application requirements and the form and type of information that must be submitted. In cases where a minimal amount of information is necessary to enable the Administrator to determine compliance with this Ordinance, such as applications for zoning/building permits to construct single-family or two-family houses, the Administrator shall develop standard forms that will expedite the submission of the necessary plans and other required information.

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

4-5.1

Upon receipt of a formal application for a zoning, building or special-use permit, the Administrator shall review the application and confer with the applicant to ensure that he understands the planning staff's interpretation of the applicable requirements of this Ordinance, that he has submitted all of the information that he intends to submit, and that the application represents precisely and completely what he proposes to do.

(A)

If application is for special-use permit, the Administrator shall place the application on the agenda of the appropriate Board when the applicant indicates that the application is as complete as he intends to make it. However, as provided in Section 4-10, if the Administrator believes that the application is incomplete, he shall recommend to the appropriate Board that the application be denied on that basis.

4-6.1

A completed application form for a zoning permit shall be submitted to the Administrator by filing a copy of the application with the Administrator in the planning department.

4-6.2

The Administrator shall issue the zoning permit unless he finds, after reviewing the application, that:

(A)

The requested permit is not within his jurisdiction according to the Table of Permissible Uses; or

(B)

The application is incomplete; or

(C)

If completed as proposed in the application, the development will not comply with one (1) or more requirements of this Ordinance (not including those requirements when a variance has been granted or those the applicant is not required to comply with under the circumstances specified in Article 8, Nonconforming Situations).

In cases when, because of weather conditions or other factors beyond the control of the zoning-permit recipient (exclusive of financial hardship), it would be unreasonable to require the zoning-permit recipient to comply with all requirements of this Ordinance prior to commencing the intended use of the property or occupying any buildings, the Administrator may authorize the commencement of the intended use or the occupancy of buildings (insofar as the requirements of this Ordinance are concerned) if the permit recipient provides a performance bond or other security satisfactory to the Administrator to ensure that all of the requirements of the Ordinance will be fulfilled within a reasonable period (not to exceed twelve (12) months) determined by the Administrator.

4-8.1

An application for a special-use permit shall be submitted to the Board of Adjustment by filing a copy of the application with the Administrator in the planning department.

4-8.2

Subject to Subsection 4-8.3, the Board of Adjustment, respectively, may issue the requested permit unless it concludes, based upon the information submitted at the hearing, that:

(A)

The requested permit is not within its jurisdiction according to the Table of Permissible Uses; or

(B)

The application is incomplete; or

(C)

If completed as proposed in the application, the development will not comply with one (1) or more requirements of this Ordinance (not including those the applicant is not required to comply with under the circumstances specified in Article 8, Nonconforming Situations).

4-8.3

Special use criteria:

(A)

A written application for a special use permit is submitted indicating the section of this Ordinance under which the special use permit is sought.

(B)

The proposed development does not affect adversely the general plans for the physical development of the City as embodied in these regulations or in any plan or portion thereof adopted by the Planning Board and/or the City Council.

(C)

The proposed use will not be contrary to the purposes stated in these regulations.

(D)

The proposed use will not affect adversely the health and safety of residents and workers in the City.

(E)

The proposed use will not be detrimental to the use or development of adjacent properties or other neighborhood uses.

(F)

The proposed use will not be affected adversely by the existing uses.

(G)

The proposed use will be placed on a lot of sufficient size to satisfy the space requirements of said use.

(H)

The proposed use will not constitute a nuisance or hazard because of the number of persons who will attend or use such facility, of the vehicular movement, or noise or fumes or of the type of physical activity.

(I)

The standards set forth for each particular use for which a permit may be granted have been met.

(J)

The proposed use shall be subject to the minimum area, setback, and other locational requirements of the zoning district in which it will be located.

(K)

The proposed use shall be subject to the off-street parking and service requirements of these regulations.

4-8.4

Additional restrictions and revocation of permits:

(A)

The Board of Adjustment may impose reasonable and appropriate conditions upon these permits.

(B)

Wherever the City shall find, in the case of any permit granted pursuant to the provisions of these regulations, that any of the terms, conditions, or restrictions upon which such permit was granted are not being complied with, said Board shall the City may take enforcement action under Section 7-3 herein.

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

4-9.1

The burden of presenting a complete application (as described in Section 4-4) to the permit-issuing Board shall be upon the applicant. However, unless the Board informs the applicant at the hearing in what way the application is incomplete and offers the applicant an opportunity to complete the application (either at that meeting or at a continuation hearing), the application shall be presumed to be complete.

4-9.2

The burden of persuasion on the issue of whether the development, if completed as proposed, will comply with the requirements of this Ordinance remains at all times on the applicant.

4-10.1

When presented to the Board of Adjustment at the hearing, the application for a special-use permit shall be accompanied by a report setting forth the planning staff's proposed findings concerning the application's compliance with Section 4-4 (Application To Be Complete) and the other requirements of this Ordinance, as well as any staff recommendations for additional requirements to be imposed by the Board of Adjustment.

4-10.2

If the staff proposes a finding or conclusion that the application fails to comply with Section 4-4 or any other requirement of this Ordinance, it shall identify the requirement in question and specifically state supporting reasons for the proposed findings or conclusions.

4-11.1

In cases when, because of weather conditions or other factors beyond the control of the special-use permit recipient (exclusive of financial hardship) it would be unreasonable to require the permit recipient to comply with all of the requirements of this Ordinance before commencing the intended use of the property or occupying any buildings or selling lots in a subdivision, the permit-issuing Board may authorize the commencement of the intended use or the occupancy of buildings or the sale of subdivision lots (insofar as the requirements of this Ordinance are concerned) if the permit recipient provides a performance bond or other security satisfactory to the Board to ensure that all of these requirements will be fulfilled within a reasonable period (not to exceed twelve (12) months).

4-11.2

When the Board imposes additional requirements upon the permit recipient or when the developer proposes in the plans submitted to install amenities beyond those required by this Ordinance, the Board may authorize the permittee to commence the intended use of the property or to occupy any building or to sell any subdivision lots before the additional requirements are fulfilled or the amenities installed if it specifies a date by which or a schedule according to which such requirements must be met or each amenity installed and if it concludes that compliance will be ensured as the result of any one (1) or more of the following:

(A)

A performance bond or other security satisfactory to the Board is furnished;

(B)

A condition is imposed establishing an automatic expiration date on the permit, thereby ensuring that the permit recipient's compliance will be reviewed when application for renewal is made;

(C)

The nature of the requirements or amenities is such that sufficient assurance of compliance is given by Section 7-4 (Penalties and Remedies For Violations) and Section 7-5 (Permit Revocation).

When this Ordinance specifies that a matter may or shall be approved or disapproved, such approvals and disapprovals shall be communicated by the officer or board making the determination who shall in turn give written notice to the owner of the property that is the subject of the determination and to the party who sought the determination, if different from the owner. The written notice shall be delivered by personal delivery, electronic mail, or by first-class mail. The notice shall be delivered to the last address listed for the owner of the affected property on the county tax abstract and to the address provided in the application or request for a determination if the party seeking the determination is different from the owner.

4-13.1

A zoning or special-use permit shall expire automatically one year after the issuance of such permit if the work authorized by the permit has not been substantially commenced.

4-13.2

If after commencement the work or activity is discontinued for a period of one year after commencement, the permit shall immediately expire.

4-14.1

Zoning and special-use permits authorize the permittee to make use of land and structures in a particular way. Such permits le run with the land. Accordingly, so long as the land or structures or any portion thereof covered under a permit continues to be used for the purposes for which the permit was granted, then:

(A)

No person (including successors or assigns of the person who obtained the permit) may make use of the land or structures covered under such permit for the purposes authorized in the permit except in accordance with all the terms and requirements of that permit; and

(B)

The terms and requirements of the permit apply to and restrict the use of land or structures covered under the permit, not only with respect to all persons having any interest in the property at the time the permit is obtained, but also with respect to persons who subsequently obtain any interest in all or part of the covered property and wish to use it for or in connection with purposes other than those for which the permit was originally issued

4-14.2

Whenever a special-use permit is issued to authorize development (other than single-family or two-family residences) on a tract of land in excess of one (1) acre, nothing authorized by the permit may be done until the record owner of the property signs a written acknowledgment that the permit has been issued so that the permit may be recorded in the Carteret County Registry and indexed under the record owner's name as grantor.

4-15.1

Minor deviations from the permit (including approved plans) issued by the City Council, the Board of Adjustment, or the Administrator are permissible and the Administrator may authorize such minor deviations. A deviation is minor if it has no discernable impact on neighboring properties, the general public, or those intended to occupy or use the proposed development.

4-15.2

Minor design modifications or minor changes in permits (including approved plans) are permissible with the approval of the Administrator. Such approval may be obtained without a formal application, public hearing, or payment of any additional fee. For purposes of this section, minor design modifications or minor changes are those that have no substantial impact on neighboring properties, the general public, or those intended to occupy or use the proposed development.

4-15.3

All other requests for changes in approved plans will be processed as new applications. If such requests are required to be acted upon by the Board of Adjustment, new conditions may be imposed, but the applicant retains the right to reject such additional conditions by withdrawing his request for an amendment and may then proceed in accordance with the previously issued permit.

4-15.4

The Administrator shall determine whether amendments to and modifications of permits fall within the categories set forth above in Subsections 4-15.1, 4-15.2, and 4-15.3.

4-15.5

A developer requesting approval of changes shall submit a written request for such approval to the Administrator, and that request shall identify the changes. Approval of all changes must be given in writing.

4-16.1

Whenever the Board of Adjustment disapproves an application for a special-use permit or a variance, on any basis other than the failure of the applicant to submit a complete application, such action may not be reconsidered by the respective Board at a later time unless the applicant clearly demonstrates that:

(A)

Circumstances affecting the property that is the subject of the application have substantially changed; or

(B)

New information is available that could not with reasonable diligence have been presented at a previous hearing. A request to be heard on this basis must be filed with the Administrator within the time period for an appeal to superior court (see Section 7-6). However, such a request does not extend the period within which an appeal must be taken.

4-16.2

Notwithstanding Subsection 4-16.1, the Board of Adjustment may at any time consider a new application affecting the same property as an application previously denied. A new application is one that differs in some substantial way from the one previously considered.

Recognizing that inordinate delays in acting upon appeals or applications may impose unnecessary costs on the appellant or applicant, the City shall make every reasonable effort to process appeals and permit applications as expeditiously as possible, consistent with the need to ensure that all development conforms to the requirements of this Ordinance.

If enforcement proceedings are not stayed, the appellant or applicant may file with the City a request for an expedited hearing of the appeal, and the Board of Adjustment shall meet to hear the appeal within fifteen (15) days after such request is filed.

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

The recipient of any zoning, building or special-use permit, or his successor, shall be responsible for maintaining all common areas, improvements, or facilities required by this Ordinance or any permit issued in accordance with its provisions, except those areas, improvements, or facilities with respect to which an offer of dedication to the public has been accepted by the appropriate public authority. As illustrations, and without limiting the generality of the foregoing, this means that private roads and parking areas, water and sewer lines, and recreational facilities must be properly maintained so that they can be used in the manner intended, and required vegetation and trees used for screening, landscaping, or shading must be replaced if they die or are destroyed.

Major subdivisions are subject to a three-step approval process: sketch plan, preliminary plat, and final plat approval. Minor subdivisions only require a one-step approval process: final plat approval (in accordance with Section 4-27).

4-20.1

After the effective date of this Ordinance, no person shall commence or proceed with a subdivision of land without first securing approval under this Ordinance from the City.

4-20.2

No subdivision within the City's planning and development regulation jurisdiction shall be filed or recorded until it shall have been submitted to and approved by the City as herein provided, and until this approval shall have been entered on the face of the plat in writing by an authorized representative of the City.

4-20.3

The review officer, pursuant to G.S. 47-30.2, shall not certify a subdivision plat that has not been approved in accordance with this Ordinance nor shall the clerk of superior court order or direct the recording of a plat if the recording would be in conflict with this Ordinance.

4-20.4

A plat shall be prepared, approved and recorded pursuant to this Ordinance whenever a subdivision of land takes place.

4-20.5

Building permits may be denied for lots that have been illegally subdivided.

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

Pursuant to G.S. § 160D-806, the approval of a plat shall not be deemed to constitute the acceptance by the City or public of the dedication of any street or other ground, public utility line or other public facility shown on the plat and shall not be construed to do so. However, the City may by resolution accept any dedication made to the public of lands or facilities for streets, parks, public utility lines or other public purposes, when the lands or facilities are located within its subdivision regulation jurisdiction and meets the City's requirements.

Unless a City, county, or other public entity operating a water system shall have agreed to begin operation and maintenance of the water system or water system facilities within one (1) year of the time of issuance of a Certificate of Occupancy for the first unit of housing in the subdivision, the subdivider shall not be required to dedicate easements for water systems or facilities on land located outside the corporate limits of the City.

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

The City Council and the Carteret County Board of Education may jointly determine the location and size of any school sites to be reserved. Whenever a subdivision is submitted for approval that includes part or all of a school site to be reserved under the plan, the Land Use Administrator shall immediately notify the Board of Education and the Board of Education shall promptly decide whether it still wishes the site to be reserved. If the Board of Education does not wish to reserve the site, it shall so notify the City and no site shall be reserved. If the Board of Education does wish to reserve the site, the subdivision or site plan shall not be approved without such reservation. The Board of Education shall then have 18 months beginning on the date of final approval of the subdivision or site plan within which to acquire the site by purchase or by initiating condemnation proceedings. If the Board of Education has not purchased or begun proceedings to condemn the site within 18 months, the landowner may treat the land as freed of the reservation.

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

No grading, clearing, construction, or installation of improvements shall commence in a proposed subdivision until the preliminary plat has been approved, and all plans and specifications required by this Ordinance have been approved by the appropriate authorities.

No building, zoning, or other permits shall be issued for erection of a structure on any lot not of record at the time of adoption of this Ordinance until all requirements of this Ordinance have been met. A lot which is a lot of record at the time of adoption of this Ordinance is exempt from these regulations. The subdivider, prior to commencing any work within the subdivision, shall make arrangements with the Administrator of this Ordinance to provide for adequate inspection. The approving authorities having jurisdiction and their representatives shall inspect and approve all completed work prior to release of sureties pursuant to Section 4-29.

If a development or subdivision includes common areas, common infrastructure like streets, or areas of common maintenance, a homeowners' association shall be mandatory and shall be organized and in legal existence prior to the sale of any lot in the development or subdivision. The homeowner's association shall be responsible for the on-going maintenance of all common areas, infrastructure, and areas of common maintenance in accordance with NCGS § 47F-3-107, as amended. A homeowner's association shall remain in place for the duration of time that common areas, common infrastructure, or common maintenance areas remain in place.

(Ord. No. 2022-O-15, § 2, 10-11-2022)

The name of the subdivision shall not duplicate nor closely resemble the name of an existing subdivision within Carteret County.

4-26.1

Blocks.

(A)

The lengths, widths, and shapes of blocks shall be determined with due regard to: provisions for adequate building sites suitable to the special needs; zoning requirements; needs for vehicular and pedestrian circulation; control and safety of street traffic; limitations and opportunities of topography; and convenient access to water areas.

(B)

Blocks shall be not less than four hundred (400) feet or more than twelve hundred (1,200) feet in length.

(C)

Blocks shall have sufficient size to allow two (2) tiers of lots of minimum depth except where single tier lots are required to separate residential development from through vehicular traffic or another type of use in nonresidential subdivision, or where abutting public waters.

(D)

Block numbers shall conform to the City street numbering system, if applicable.

4-26.2

Lots.

(A)

All lots in new subdivisions which are located within the City limits shall conform to the zoning requirements of the district in which the subdivision is located. Conforming to zoning requirements means, among other things, that all lots in the subdivision must meet all dimensional requirements of this Ordinance, not just minimum lot size. All lots in new subdivisions which are located within the City's planning jurisdiction but outside the City limits shall be subject to the following minimum lot requirements in addition to the dimensional requirements provided in Section 13-1. Lots served by a public water and a public sewage disposal system shall have a minimum lot size of not less than seven thousand (7,000) square feet; lots served by either public water or a public sewage disposal system shall have a minimum of fifteen thousand (15,000) square feet; lots served by neither public water or public sewage disposal system shall have a minimum lot size of twenty thousand (20,000) square feet.

(B)

Lots shall meet any applicable Carteret County Health Department requirements.

(C)

Double frontage lots shall be avoided wherever possible.

(D)

Side lot lines shall be substantially at right angles to or radial to street lines.

4-26.3

Easements. Easement shall be provided as follows:

(A)

Utility easements. Utility easements for underground or above ground utilities shall be provided, and shall be at least twenty (20) feet wide for water and sanitary sewer lines and as required by the companies involved for telephone, gas, and power lines. The Planning Board will determine whether one (1) easement is sufficient or whether several easements are necessary to accommodate the various facilities and the subdivider shall provide the required easement(s).

(B)

Drainage easements. Where a subdivision is traversed by a stream or drainage way, an easement shall be provided conforming with the lines of such stream or way and of such width as will be adequate for the purpose. Provisions for the future maintenance and upkeep of all drainage easements shall be approved by the City prior to plat approval and such provisions shall be included in the final plat. Unless otherwise recommended by the Planning Board, at least one (1) fifteen-foot easement shall be provided adjacent to the up slope crest of any open cross drainage course.

4-26.4

No developer or builder shall be required to bury power lines meeting all of the following criteria: (a) the power lines existed above ground at the time of first approval of a plat or development plan by the City, whether or not the power lines are subsequently relocated during construction of the subdivision or development plan, and (b) the power lines are located outside the boundaries of the parcel of land that contains the subdivision or the property covered by the development plan.

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

4-27.1

All subdivisions shall be considered major subdivisions except those defined as minor subdivisions in this Article. Major subdivisions shall be reviewed in accordance with the procedures set forth in Sections 4-29 and 4-32 of these regulations.

Minor subdivisions shall be reviewed in accordance with the provisions set forth in Section 4-28 of these regulations. However, if the subdivider owns, leases, holds an option on, or holds any legal or equitable interest in any subdividable property adjacent to or within five hundred (500) feet of or located directly across a street, easement, road, or right-of-way from the property to be subdivided, the subdivision shall not qualify for approval under the abbreviated procedure. Furthermore, the abbreviated procedure may not be used a second time within two (2) years on any property adjacent to or part of or less than five hundred (500) feet from the original property boundaries by anyone who owned, had an option on, or had any legal or equitable interest in the original subdivision at the time the subdivision received preliminary or final plat approval.

4-27.2

A minor subdivision is defined as the division of five (5) acres or less into five (5) or fewer lots and which creates no new public or private streets or roads, no right-of-way dedication, and no new easements except for electrical, drainage, cable, or telephone easements, and no utility extensions.

4-27.3

Only a plat for recordation may be required for the division of a tract or parcel of land in single ownership if all of the following criteria are met:

(A)

The tract or parcel to be divided is not exempted under the definition of "subdivision" contained in Section 2-2.299.

(B)

No part of the tract or parcel to be divided has been divided under this section in the 10 years prior to division.

(C)

The entire area of the tract or parcel to be divided is greater than 5 acres.

(D)

After division, no more than three lots result from the division.

(E)

After division, all resultant lots comply with all of the following:

(1)

All lot dimension size requirements of the applicable land-use regulation, if any.

(2)

The use of the lots is in conformity with the applicable zoning requirements, if any.

(3)

A permanent means of ingress and egress is recorded for each

All plats for minor subdivisions shall be reviewed and approved pursuant to the procedures and requirements of this section.

4-28.1

Application requirements.

(A)

An application for plat approval may be filed only by all of the owners of the property or by an agent, lessee, or contract purchaser specifically authorized by all of the owners to file such application for such amendment. Where an agent, lessee or contract purchaser files the application, the agent, lessee or contract purchaser shall provide the City with written documentation that all of the owners of the property have authorized the filing of the application. The subdivider shall submit to the Planning Director ten (10) copies, including one (1) reproducible copy, of a final plat of the proposed subdivision. The subdivider shall also submit the final plat and any other information pertinent to the subdivision in a digital format compatible with City's Geographic Information System.

(B)

An application for plat approval shall be filed with the Planning Director, along with the application fee in accordance with the current fee schedule as set by the City Council to cover administrative costs and the recreation fee, if applicable, in accordance with Section 15-2.

(C)

The application shall contain or be accompanied by such information and plans as required on the application form and the plat shall meet the specifications for final plats in Section 4-32.

(D)

The plat shall be prepared by a Registered Land Surveyor or Licensed Professional Engineer, currently licensed and registered in the State of North Carolina by the North Carolina State Board of Registration for Professional Engineers and Land Surveyors. The final plat shall conform to the provisions set forth in G.S. 47-30.

(E)

The following signed certificates shall appear on all ten (10) copies of the final plat:

Certificate of Ownership.

I hereby certify that I am the owner of the property shown and described hereon which is located within the subdivision jurisdiction of Morehead City, and that I hereby adopt this plan of subdivision with my free consent and establish minimum building setback lines as noted.

___________
Date

___________
Owner

Certificate of Survey and Accuracy.

In accordance with the Standards of Practice for Land Surveying in North Carolina, on the face of each map prepared for recordation there shall appear a certificate acknowledged before an officer authorized to take acknowledgments and executed by the person making the survey or map, including deeds and any recorded data shown thereon. The certificate shall include a statement of error of closure calculated by latitudes and departures. The map shall clearly indicate all lines which were not actually surveyed and a statement shall be included in the certificate revealing the sources of information from which the map was prepared. The certificate shall take the following general form:

I, ___________, certify that this map was [drawn by me], [drawn under my supervision] from [an actual survey made by me] [an actual survey made under my supervision] of [deed description recorded in Book _____, Page _____, etc.] [other]; that the ration of precision as calculated by latitudes and departures is 1: [that the boundaries and lines not surveyed are shown as broken lines platted from information found in Book _____, Page _____] and that this map was prepared in accordance with NCGS Section 47-30, as amended.

Witness my hand and seal this ___ day of ___________, 20___.

Official Seal___________
Registered Land Surveyor

___________
Registration Number

Certificate of Approval for Recording.

I hereby certify that this subdivision plat has been found to comply with the Subdivision Regulations of Morehead City, North Carolina, and that this plat has been approved by Morehead City for recording in the Office of the Register of Deeds of Carteret County.

___________
Municipal Clerk
Morehead City, North Carolina

___________
Date

4-28.2

Required improvements. Prior to approval of the subdivision plat, monuments and markers shall be installed on the property.

4-28.3

Staff review and approval of plat. The application and plat shall be reviewed for general compliance with this Ordinance and other applicable City ordinances and regulations. The Planning Director shall approve the subdivision plat by entering same on the face of the plat in writing upon finding that the application is complete and all required improvements have been installed on the subject property. In the event that the Planning Director determines a field inspection is needed to ensure the installation of the required improvements, such inspection shall be conducted. A decision shall be rendered within thirty (30) days of receipt of a completed application.

4-28.4

Appeal of disapproval. In the event the Planning Director disapproves a minor subdivision, the applicant may appeal such disapproval as provided in Article 5.

4-28.5

Effect of plat approval.

(A)

After obtaining approval of the plat, the subdivider may file the plat with the Carteret County Register of Deeds. The final plat shall be of a size suitable for recording with the Carteret County Register of Deeds and shall be at a scale of not less than one (1) inch equals one hundred (100) feet. Maps may be placed on more than one (1) sheet with appropriate match lines. One (1) reproducible tracing as recorded by the Register of Deeds shall be returned to the Municipal Clerk.

(B)

The approved plat must be recorded within thirty (30) days after approval by the Planning Director. The recording of the approved plat with the Register of Deeds shall authorize the subdivider, or any subsequent developer of the property, to proceed with such applications for environmental permits and building permits as this Ordinance may require for development on the property.

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

4-29.1

Sketch plan for major subdivisions.

(A)

Prior to the preliminary plat submission, the subdivider shall submit to the Planning Board and the City Council at least twenty-five (25) copies of a sketch plan of the proposed subdivision. The sketch plan shall be a conceptual plan which shall indicate the intentions of the subdivider with respect to all of the lands owned or controlled by the subdivider which is planned to be subdivided, including any portions proposed to be developed in phases.

(B)

Submission of the sketch plan shall be accompanied by a filing fee according to the current fee schedule as set by the City Council to cover administrative costs. The engineering fee according to the current fee schedule shall also accompany the sketch plan.

(C)

The sketch plan shall meet the requirements stated in Section 4-32.

(D)

The sketch plan shall be submitted at least twenty-eight (28) calendar days prior to the Planning Board meeting at which it will be reviewed. Subject to the length of the agenda and complexity of the application, late submittals may be placed on the meeting agenda with the approval of the Land Use Administrator. The Planning Board shall review the sketch plan for general compliance with the requirements of this Ordinance and any other applicable regulations, and forward its comments to the City Council for consideration during the Council's sketch plan review.

(E)

Variances. Requests for variances from the standards contained in these regulations shall be processed in accordance with Section 5-3 of this regulation.

(F)

A copy of the sketch plan with Planning Board comments shall be presented to the City Council for its approval prior to submission of the preliminary plat.

4-29.2

Preliminary plat submission for major subdivisions.

(A)

Every major subdivision shall be required to submit a preliminary plat which shall be reviewed by the Planning Board and approved by the Planning Board before any grading, clearing, construction or installation of improvements may begin (excepting soil tests, wetland surveys, etc.).

(B)

The preliminary plat shall be consistent in concept with the previously submitted and approved sketch plan. The preliminary plat may constitute a portion of the sketch plan. Minor changes and revisions to the previously approved plan may be approved by the Land Use Administrator, provided said changes or revisions do not result in:

(1)

An increase in the density of the subdivision;

(2)

A change in the design of vehicular traffic routes;

(3)

A change in the open space dedication;

(4)

A change in water access points; or

(5)

Other substantial changes as determined by the Planning Director.

Any such changes shall only be made in accordance with the procedures set forth for sketch plan approval.

(C)

Eighteen (18) copies of the preliminary plat as well as any additional copies which the Planning Director determines are needed to be sent to other agencies shall be submitted at least twenty-eight (28) calendar days prior to the Planning Board meeting at which it will be reviewed. Subject to the length of the agenda and complexity of the application, late submittals may be placed on the meeting agenda with the approval of the Land Use Administrator.

(D)

Subdivisions shall be constructed and/or improved as required by Articles 15, 16, and 17. Preliminary plats shall contain the information items as prescribed in Section 4-32.

(E)

The Planning Director shall require that copies of the preliminary plat and any accompanying material be submitted to other officials and agencies concerned with the new development, including, but not limited to:

(1)

Technical review committee consisting of the City Manager, appropriate City Department Heads and, if requested by the Planning Director or City Manager, a professional engineer or surveyor who shall confirm the accuracy of the preliminary plat and shall provide comments on technical data. If a material inaccuracy is found by such engineer or surveyor hired by the City, the costs shall be charged to the subdivider, and no action on the plat shall be taken until these costs have been paid;

(2)

Carteret County Health Director or local public utility, as to proposed water or sewerage systems;

(3)

Carteret County Board of Education;

(4)

The District Engineer of the North Carolina Department of Transportation as to proposed state streets, state highways and related drainage systems;

(5)

The North Carolina Department of Health and Natural Resources, Wilmington Regional Office;

(6)

U.S. Army Corps of Engineers and/or Office of Coastal Management, Morehead City; and

(7)

Any other agency deemed appropriate or necessary to review the plat as determined by the staff, City Attorney, Planning Board, or City Council.

(F)

The Planning Board shall not approve the preliminary plat and the final plat of a major subdivision at the same meeting. The Planning Board may review the preliminary plat before the comments from all of the appropriate agencies have been received.

(G)

The Planning Board shall, in writing, grant approval, conditional approval with recommended changes to bring the plat into compliance, or disapproval with reasons within forty-five (45) days of its first consideration of the plat.

(H)

If the Planning Board grants approval of the preliminary plat, it shall retain one (1) copy of the plat for its minutes and return one (1) copy of the plat and its recommendations to the subdivider.

(I)

If the Planning Board denies the preliminary plat, it shall retain one copy of the plat for its minutes and return one (1) copy of the plat and its recommendations to the subdivider.

(J)

If the preliminary plat is disapproved, the subdivider may submit a revised preliminary plat or appeal the decision as provided in Article 5.

(K)

If the Planning Board does not make a written recommendation within forty-five (45) days after its first consideration of the plat, the subdivider may apply to the City Council for approval unless the delay is caused by failure of the subdivider to pay engineering or surveying costs. Approval by the Council shall constitute preliminary plat approval as required by these regulations.

4-29.3

Final plat for major subdivisions.

(A)

Upon approval of the preliminary plat by the Planning Board, or by the City Council if an appeal is heard, the subdivider may proceed with the preparation of the final plat, and the installation of or arrangement for required improvements in accordance with the approved preliminary plat and the requirements of this Ordinance. No final plat will be accepted for review by the Planning Board unless accompanied by written notice by the City Manager acknowledging compliance with the improvement requirements and guaranty standards of this Ordinance. The final plat shall constitute only that portion of the preliminary plat which the subdivider proposes to record. Such portion shall conform to all requirements of this Ordinance.

(B)

Improvements guaranties. Agreement and security required. In lieu of requiring the completion, installation, and dedication of all public improvements prior to final plat approval, Morehead City may enter into an agreement with the subdivider whereby the subdivider shall agree to complete all required improvements. Once said agreement is signed by both parties and the security required herein is provided, the final plat may be approved by the Planning Board if all other requirements of this Ordinance are met. To secure this agreement, the subdivider shall provide, subject to approval of the City Manager.

For purposes of this section, all of the following apply with respect to performance guarantees:

(1)

Type. The type of performance guarantee shall be at the election of the developer. The term "performance guarantee" means any of the following forms of guarantee:

(a)

Surety bond issued by any company authorized to do business in this State.

(b)

Letter of credit issued by any financial institution licensed to do business in this State.

(c)

Other form of guarantee that provides equivalent security to a surety bond or letter of credit.

(1a)

Duration. The duration of the performance guarantee shall initially be one year, unless the developer determines that the scope of work for the required improvements necessitates a longer duration. In the case of a bonded obligation, the completion date shall be set one year from the date the bond is issued, unless the developer determines that the scope of work for the required improvements necessitates a longer duration.

(1b)

Extension. A developer shall demonstrate reasonable, good-faith progress toward completion of the required improvements that are secured by the performance guarantee or any extension. If the improvements are not completed to the specifications of the City, and the current performance guarantee is likely to expire prior to completion of the required improvements, the performance guarantee shall be extended, or a new performance guarantee issued, for an additional period. An extension under this subdivision shall only be for a duration necessary to complete the required improvements. If a new performance guarantee is issued, the amount shall be determined by the procedure provided in subdivision (3) of this subsection and shall include the total cost of all incomplete improvements.

(2)

Release. The performance guarantee shall be returned or released, as appropriate, in a timely manner upon the acknowledgement by the City that the improvements for which the performance guarantee is being required are complete. The City shall return letters of credit or escrowed funds upon completion of the required improvements to its specifications or upon acceptance of the required improvements, if the required improvements are subject to City acceptance. When required improvements that are secured by a bond are completed to the specifications of the City, or are accepted by the City, if subject to its acceptance, upon request by the developer, the City shall timely provide written acknowledgement that the required improvements have been completed.

(3)

Amount. The amount of the performance guarantee shall not exceed one hundred twenty-five percent (125%) of the reasonably estimated cost of completion at the time the performance guarantee is issued. The City may determine the amount of the performance guarantee or use a cost estimate determined by the developer. The reasonably estimated cost of completion shall include one hundred percent (100%) of the costs for labor and materials necessary for completion of the required improvements. Where applicable, the costs shall be based on unit pricing. The additional twenty-five percent (25%) allowed under this subdivision includes inflation and all costs of administration regardless of how such fees or charges are denominated. The amount of any extension of any performance guarantee shall be determined according to the procedures for determining the initial guarantee and shall not exceed one hundred twenty-five percent (125%) of the reasonably estimated cost of completion of the remaining incomplete improvements still outstanding at the time the extension is obtained.

(3a)

Timing. A performance guarantee required under this section shall be posted at the time the plat is recorded.

(4)

Coverage. The performance guarantee shall only be used for completion of the required improvements and not for repairs or maintenance after completion.

(5)

Legal responsibilities. No person shall have or may claim any rights under or to any performance guarantee provided pursuant to this subsection or in the proceeds of any such performance guarantee other than the following:

(a)

The City.

(b)

The developer at whose request or for whose benefit the performance guarantee is given.

(c)

The person or entity issuing or providing the performance guarantee at the request of or for the benefit of the developer.

(6)

Multiple guarantees. The developer shall have the option to post one type of a performance guarantee as provided for in subdivision (A) of this section, in lieu of multiple bonds, letters of credit, or other equivalent security, for all development matters related to the same project requiring performance guarantees.

(7)

Performance guarantees associated with erosion control and storm water control measures are not subject to the provision of this section.

(C)

The subdivider shall submit the final plat, so marked, at least twenty-eight (28) days prior to the Planning Board meeting at which it will be reviewed. Subject to the length of the agenda and the complexity of the application, late submittals may be placed on the meeting agenda with the approval of the Land Use Administrator. Further, the final plat for the subdivision shall be submitted not more than twenty-four (24) months after the date on which the preliminary plat was approved. One twelve-month extension may be granted by the Planning Board for good cause such as substantial progress towards improvements. Preliminary plat approval shall be null and void upon expiration of the twenty-four-month period unless an extension has been granted.

(D)

The final plat shall be prepared by a Registered Land Surveyor or Licensed Professional Engineer currently licensed and registered in the State of North Carolina by the North Carolina State Board of Registration for Professional Engineers and Land Surveyors. The final plat shall conform to the provisions set forth in G.S. 47-30.

(E)

Twelve (12) copies of the final plat shall be submitted. One (1) of these shall be on reproducible material. The subdivider shall also submit the final plat and any other information pertinent to the subdivision in a digital format compatible with the City's Geographic Information System.

(F)

The final plat shall be of a size suitable for recording with the Carteret County Register of Deeds and shall be at a scale of not less than one (1) inch equals one hundred (100) feet. Maps may be placed on more than one (1) sheet with appropriate match lines.

(G)

The subdivider shall file the approved final plat with the Carteret County Register of Deeds within ninety (90) days of approval by the Planning Board or Council, or such approval shall be null and void. One (1) reproducible tracing as recorded by the Carteret County Register of Deeds shall be returned to the Municipal Clerk.

(H)

The final plat shall meet the specifications in Section 4-32. Subdivisions shall be constructed and/or improved as required by this Ordinance.

(I)

The following signed certificates shall appear on all twelve (12) copies of the final plat:

Certificate of Ownership.

I hereby certify that I am the owner of the property shown and described hereon which is located within the subdivision jurisdiction of Morehead City, and that I hereby adopt this plan of subdivision with my free consent and establish minimum building setback lines as noted.

___________
Date

___________
Owner

Certificate of Survey and Accuracy.

In accordance with the Standards of Practice for Land Surveying in North Carolina, on the face of each map prepared for recordation there shall appear a certificate acknowledged before an officer authorized to take acknowledgments and executed by the person making the survey or map, including deeds and any recorded data shown thereon. The certificate shall include a statement of error of closure calculated by latitudes and departures. The map shall clearly indicate all lines which were not actually surveyed and a statement shall be included in the certificate revealing the sources of information from which the map was prepared. The certificate shall take the following general form:

I, ___________, certify that this map was [drawn by me], [drawn under my supervision] from [an actual survey made by me] [an actual survey made under my supervision] of [deed description recorded in Book _____, Page _____, etc.] [other]; that the ration of precision as calculated by latitudes and departures is 1: [that the boundaries and lines not surveyed are shown as broken lines platted from information found in Book _____, Page _____] and that this map was prepared in accordance with NCGS Section 47-30, as amended.

Witness my hand and seal this ___ day of ___________, 20___.

Official Seal___________
Registered Land Surveyor

___________
Registration Number

Certificate of Approval for Recording.

I hereby certify that this subdivision plat has been found to comply with the Subdivision Regulations of Morehead City, North Carolina, and that this plat has been approved by Morehead City for recording in the Office of the Register of Deeds of Carteret County.

___________
Municipal Clerk
Morehead City, North Carolina

___________
Date

(J)

The Planning Board shall review the final plat for compliance with this Ordinance, the approved preliminary plat, and any other relevant regulations, and shall grant approval, conditional approval with modification to bring the plat into compliance with the preliminary plat, or disapproval of the final plat with reasons within forty-five (45) days of its first consideration of the plat.

(K)

The Planning Board shall grant approval of the final plat if improvements have been constructed in accordance with the requirements shown on the preliminary plat or an improvements guaranty has been received, and if all other conditions attached to the preliminary plat approval have been met. If the Planning Board grants approval of the final plat, it shall keep one (1) copy of the plat.

(L)

If the Planning Board grants conditional approval of the final plat with modifications to bring the plat into compliance, it shall retain one (1) copy of the plat with conditions and forward one (1) copy of the plat with conditions to the subdivider. If the subdivider disagrees with the conditional approval given by the Planning Board, he may appeal to the City Council as provided in Article 5.

(M)

If the Planning Board disapproves the final plat, it shall instruct the subdivider concerning resubmission of the revised plat and the subdivider may make such changes as will bring the plat into compliance with the provisions of this Ordinance and resubmit the plat for reconsideration by the Planning Board, or appeal the decision to the City Council.

(N)

Failure of the Planning Board to make a written decision within forty-five (45) days after its review of the final plat shall constitute grounds for the subdivider to apply to the City Council for approval unless delay is caused by failure of the subdivider to pay engineering or land surveying fees incurred by the City and authorized by these regulations:

(1)

If the Planning Board grants conditional approval with modifications to bring the plat into compliance and the subdivider appeals to the Council, the Council shall review and approve or disapprove the final plat within forty-five (45) days after the plat and recommendations of the Planning Board have been first considered by the Council.

(O)

If the final plat is disapproved by the Council, the reasons for such disapproval shall be stated in writing, specifying the provisions of this Ordinance with which the final plat does not comply. One (1) copy of such reasons and one (1) print of the plat shall be retained by the Council as part of its proceedings; one (1) copy of the reasons and one (1) copy of the plat shall be transmitted to the subdivider. If the final plat is disapproved, the subdivider may make such changes as will bring the final plat into compliance and resubmit same for reconsideration by the Planning Board and the Council or by the Council only, as determined by the Council.

(1)

If the final plat is approved by the Council, one (1) print of the plat shall be retained by the subdivider. One (1) reproducible copy and one (1) print shall be filed with the Municipal Clerk and one (1) print shall be returned to the Planning Board for its records.

(P)

If the Planning Board or Council approves the final plat, such approval shall be shown in writing on each copy of the plat by the following signed certificate:

Certificate of Approval for Recording.

I hereby certify that this subdivision plat has been found to comply with the Subdivision Regulations of Morehead City, North Carolina, and that this plat has been approved by Morehead City for recording in the Office of the Register of Deeds of Carteret County.

___________
Municipal Clerk
Morehead City, North Carolina

___________
Date

(Q)

The subdivider shall file the approved final plat with the Register of Deeds of Carteret County within ninety (90) days of approval by the Planning Board or Council, or such approval shall be null and void. One (1) reproducible tracing as recorded by the Register of Deeds shall be returned to the Municipal Clerk.

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

4-30.1

General requirements. In addition to the requirements contained in Subsection 4-30.2, townhouse developments shall meet any other applicable ordinance requirements, including requirements contained in Section 12-1 if the townhouse development is located in a PD district; Section 12-2 if the property is located in the CD or DB district; Section 13-2 if located in a district which permits multifamily dwelling(s) and which is located in a district other than CD, DB, or PD; and any applicable ordinances related to the subdivision of property.

4-30.2

Requirements for townhouse development.

(A)

Townhouse development approval procedures.

(1)

CD and DB district. A final plat of the development shall be submitted for review by the Planning Board pursuant to Article 4 of this Ordinance and in conformance with Subsection 4-30.2(B) for any townhouse development proposed to be located in the CD or DB district.

(2)

PD district. Townhouse developments located in the planned development district shall be subject to the approval procedures contained in Section 12-1 planned development district.

(3)

All other districts. Townhouse developments located in all other zoning districts shall be subject to the subdivision approval procedures contained in Section 4-28 approval procedure for minor subdivisions and 4-29 procedure for review of major subdivisions, as applicable.

(B)

Site plan. A site plan shall show all requirements of Section 12-1 if the townhouse development is located in the PD district, Section 12-2 if the property is located in the CD or DB district, or Section 13-2 of this Ordinance if located in a district which permits multifamily dwelling(s) and which is located in a district other than CD, DB, or PD, and shall include the location of the buildings, streets, alleys, walks, parking areas, recreation areas and facilities, and numbered and dimensional residential sites. The site plan shall also show the common areas, if any, to be conveyed to a nonprofit corporate homeowners' association, the members of which shall be all of the owners of the residential sites within the development.

(C)

Townhouse lot. The site plan shall number and show the locations and dimensions of townhouse lots within the development. A townhouse lot shall be that property intended for conveyance to a fee simple owner after the construction thereon of a single family residence and shall be sufficient in size to contain the residence located thereon. The townhouse lot may be of any larger size desired by the developer which meets any applicable standards of this Ordinance. If applicable, lot "frontage" shall be an open space properly restricted through a homeowners' association to ensure adequate access if, in the opinion of the City, a public street is within an acceptable distance and would allow adequate community services.

(D)

Common areas. All areas which are shown on the site plan other than public streets and townhouse lots shall be shown and designated as common areas and shall be conveyed by the developer to the homeowners' association.

(E)

Covenants and restrictions. The developer shall file with the application for preliminary approval a declaration of covenants and restrictions applicable to the common areas, if any are required by this Ordinance or other ordinances of the City, the homeowners' association and townhouse lots. The restrictions shall contain, but not be limited to, provisions for the following:

(1)

Homeowners' Association. If the plan of development includes common areas or a common maintenance of residences or lots, a homeowners' association shall be mandatory and shall be organized and in legal existence prior to the sale of any residence in the development.

(2)

Membership. If a homeowners' association is organized, membership in the homeowners' association shall be mandatory for each original purchaser and each successive purchaser of a residence.

(3)

Responsibilities. The homeowners' association shall be responsible for the payment of premiums for liability insurance and local taxes on common areas, maintenance of recreational and other facilities located on the common areas and payment for capital improvements made to or for the benefit of the common areas.

(4)

Assessments. The homeowners' association shall be empowered to levy assessments against the owners of residences within the development for the payment of expenditures made by the homeowners' association for the times set forth in the preceding subparagraph and the covenants and restrictions shall provide that any such assessments not paid by the owner against whom such are assessed shall constitute a lien on the residence of the owner.

(5)

Easements. Easements over the common areas, if any, for access, ingress, and egress from and to public streets and walkways and easements for enjoyment of the common areas, as well as for parking, shall be granted to each owner of a residence.

(6)

Walls. All walls between individual residences shall conform to the requirements of the North Carolina State Building Code and provisions for the maintenance thereof and restoration in the event of destruction or damage shall be established.

(F)

Phased development. Townhouse development may be developed in sections or phases provided that:

(1)

The entire project, including phase or section lines and sequencing receives approval with the preliminary plat. Nothing herein shall prohibit an unrecorded phase or section from containing inappropriate densities, setbacks, and off-street parking spaces and open space provided that any such phase or section at the time of its recordation is combined with other recorded phases or sections of the development so that the recombined properties conform to the density, setback, off-street parking, and open space requirement of this Ordinance.

(2)

The number of dwelling units in the recorded section or phase conforms to the density requirements for the zoning district; in the recorded section of phase, the buildings are located so that all setbacks, including peripheral yards, are met, and off-street parking requirements for the developed portion are observed. Any recorded portion shall conform to all the requirements of a legal lot.

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

4-31.1

If a development is constructed in phases or stages in accordance with this section, the provisions of Section 4-2 (No Occupancy, Use, or Sale of Lots Until Requirements Fulfilled) and Section 4-11 shall apply to each phase as if it were the entire development.

4-31.2

As a prerequisite to taking advantage of the provisions of Subsection 4-12.1, the developer shall submit plans that clearly show the various phases or stages of the proposed development and the requirements of this Ordinance that will be satisfied with respect to each phase or stage.

4-31.3

If a development that is to be built in phases or stages includes improvements that are designed to relate to, benefit, or be used by the entire development (such as a swimming pool or tennis courts in a residential development) then, as part of his application for development approval, the developer shall submit a proposed schedule for completion of such improvements. The schedule shall relate completion of such improvements to completion of one (1) or more phases or stages of the entire development. Once a schedule has been approved and made part of the permit by the City, no land may be used, no buildings may be occupied, and no subdivision lots may be sold except in accordance with the schedule approved as part of the permit, provided that:

(A)

If the improvement is one required by the Ordinance then the developer may utilize the provisions of Subsection 4-11.1 or 4-11.3;

(B)

If the improvement is an amenity not required by this Ordinance or is provided in response to a condition imposed by the Board, then the developer may utilize the provisions of Subsection 4-11.2.

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

The preliminary and final plat shall depict or contain the information indicated in the following table:

Note: S = Sketch P = Preliminary F = Final

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

The purpose of this part is to provide a procedure allowing a landowner to apply for the right to develop land in accordance with a previously approved Site-Specific Development (as defined herein).

Amendments in land development regulations are not applicable or enforceable without the written consent of the owner with regard to any of the following:

4-34.1

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

4-34.2

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

4-34.3

A site-specific vesting plan.

4-34.4

A multi-phased development.

4-34.5

A vested right established by the terms of a development agreement authorized by Article 10 of Chapter 160D.

4-34.6

The establishment of a vested right under any subdivision of this subsection does not preclude vesting under one or more other subdivisions of this subsection or vesting by application of common law principles. A vested right, once established as provided for in this section or by common law, precludes any action by the City that would change, alter, impair, prevent, diminish, or otherwise delay the development or use of the property allowed by the applicable land development regulation or regulations, except where a change in State or federal law mandating City enforcement occurs after the development application is submitted that has a fundamental and retroactive effect on the development or use.

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

Upon issuance of a development permit, the statutory vesting granted by this section for a development project is effective upon filing of the application in accordance with N.C.G.S. § 143-755, for so long as the permit remains valid pursuant to law. Unless otherwise specified by this section or other statute, local development permits expire one year after issuance unless work authorized by the permit has substantially commenced. For the purposes of this section, a permit is issued either in the ordinary course of business of the City or by the applicable governmental agency as a court directive.

Except where a longer vesting period is provided by statute or this Ordinance, the statutory vesting granted by this section, 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, and the statutory vesting period granted by this section for a nonconforming use of property expires if the use is intentionally and voluntarily discontinued for a period of not less than 24 consecutive months. The 24-month discontinuance period is automatically tolled during the pendency of any City appeal proceeding or civil action in a State or federal trial or appellate court regarding the validity of a development permit, the use of the property, or the existence of the statutory vesting period granted by this section. The 24-month discontinuance period is also tolled during the pendency of any litigation involving the development project or property that is the subject of the vesting.

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

Where multiple City development permits are required to complete a development project, the development permit applicant may choose the version of each of the City land development regulations applicable to the project upon submittal of the application for the initial development permit. This provision is applicable only for those subsequent development permit applications filed within 18 months of the date following the approval of an initial permit. For purposes of the vesting protections of this section, an erosion and sedimentation control permit or a sign permit is not an initial development permit.

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

A multi-phased development is vested for the entire development with the land development regulations then in place at the time a site plan approval is granted for the initial phase of the multi-phased development. A right which has been vested as provided for in this subsection remains vested for a period of seven years from the time a site plan approval is granted for the initial phase of the multi-phased development.

Following issuance of a development permit, the City may make subsequent inspections and reviews to ensure compliance with the applicable land development regulations in effect at the time of the original application.

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

A person claiming a statutory or common law vested right may submit information to substantiate that claim to the Land Use Administrator who shall make an initial determination as to the existence of the vested right. The decision of the Land Use Administrator may be appealed to the Board of Adjustment. On appeal, the existence of a vested right shall be reviewed de novo. In lieu of seeking such a determination or pursuing an appeal, a person claiming a vested right may bring an original civil action as provided by N.C.G.S. § 160D-1403.1.

The vested rights granted by this section run with the land except for the use of land for outdoor advertising governed by N.C.G.S. § 136-131.1 and N.C.G.S. § 136-131.2 in which case the rights granted by this section run with the owner of a permit issued by the North Carolina Department of Transportation. Nothing in this section precludes judicial determination, based on common law principles or other statutory provisions, that a vested right exists in a particular case or that a compensable taking has occurred. Except as expressly provided in this section, nothing in this section shall be construed to alter the existing common law.

As used in this section, the following definitions apply:

(1)

Development. As defined in N.C.G.S. § 143-755(e)(1).

(2)

Development permit. As defined in N.C.G.S. § 143-755(e)(2).

(3)

Land development regulation. As defined in N.C.G.S. § 143-755(e)(3).

(4)

Multi-phased development. A development containing 25 acres or more that is both of the following:

(a)

Submitted for development permit approval to occur in more than one phase.

(b)

Subject to a master development plan with committed elements showing the type and intensity of use of each phase.

A petition for annexation filed with the City under G.S. 160A-31 or G.S. 160A-58.1 shall contain a signed statement declaring whether or not any zoning vested right with respect to the properties subject to the petition has been established under this part, or the failure to sign a statement declaring whether or not a zoning vested right shall be terminated.

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