Effective on: 1/1/1901

This Ordinance shall be known as the “Zoning Ordinance” of the City of Morganton, North Carolina and may be referred to as the “Zoning Ordinance”. The maps referred to herein are identified by the title “Official Zoning Map, Morganton, North Carolina,” and may be known as the “Zoning Map.”

Effective on: 1/1/1901

1. The zoning regulations incorporated herein and the zoning districts shown on the zoning map have been made in accordance with the Mission 2030 Plan, and are designed to:
   1. lessen congestion in the streets;
   2. secure safety from flooding, fire, panic and other dangers;
   3. promote health and the general welfare;
   4. provide adequate light and air;
   5. prevent the improper use of land;
   6. avoid undue concentration of population; and
   7. facilitate the adequate provision of transportation, public utilities, recreation and other public requirements.
2. The City Council has determined that there is a factual basis for believing that some or all of the conditions noted above may result from the lack of zoning regulations and the Council has given due consideration to the character of each zoning district, its suitability for particular uses, with a view to conserving the value of buildings and encouraging the most appropriate use of land throughout the City and its perimeter area.

Effective on: 1/1/1901

1. It is not intended by this Ordinance to interfere with, abrogate, or annul easements, covenants, water supply watershed regulations, or other agreements between parties; provided, however, that where this Ordinance imposes a greater restriction upon the use of buildings or premises or upon the height of buildings, or requires larger open spaces than are imposed or required by other ordinances, rules, regulations, or by easements, covenants, or agreements, the provisions of this Ordinance shall govern.
2. If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid by the courts, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it has passed this Ordinance and each section, subsection, clause and phrase thereof, irrespective of the fact that any one (1) or more sections, subsections, sentences, clauses, or phrases be declared invalid.

Effective on: 1/1/1901

1. A.
   In accordance with the requirement of NCGS 160D-604 and 160D-605, the regulations adopted pursuant to this Ordinance shall be consistent with the City's adopted Comprehensive Plan, as may be modified from time to time, and any specific plans adopted by the City Council. All new developments shall be designed in conformance with adopted plans including but not limited to adopted comprehensive plans, comprehensive transportation plans, small area plans, land use plans, parks and recreation plans and any other adopted plans.
2. B.
   When a proposed development includes any part of a thoroughfare which has been designated as such upon the officially adopted Comprehensive Transportation Plan, such thoroughfare right(s)-of-way shall be dedicated and constructed by the developer(s) as shown on the plan. Where such right-of way does not currently exist, the developer shall be required to dedicate the necessary right-of-way on the development side of the street.

Effective on: 5/1/2023

These regulations shall become effective on January 1, 2015. Upon such date, these regulations shall supersede, repeal and replace the City of Morganton Zoning Ordinance. The amendments to the City’s Zoning Map which remove from and relinquish jurisdiction over certain areas outside the City’s corporate limits over which the City previously exercised extra-territorial jurisdiction under Article 2 of Chapter 160D of the North Carolina General Statutes shall take effect sixty (60) days after the date of adoption of this Ordinance, or on such  earlier date on which the County of Burke shall adopt zoning and land use regulations governing the areas over which the City has relinquished extra-territorial jurisdiction.

Effective on: 5/1/2023

1. Zoning is the process by which an area is divided into various districts, each of which is specifically intended for different uses and intensity of uses and within which the use of land and buildings, the height and dimension of buildings, the size of required yards and the population density are regulated.
2. Further, the regulations are to be made with reasonable consideration, among other things, to the character of the district and its unique suitability for particular uses, and with a view to conserving the value of buildings and encouraging the most appropriate use of land throughout the City's jurisdiction.

Effective on: 1/1/1901

1. A.
   In accordance with NCGS 160D-703, the City, as shown on the Zoning Map accompanying this Ordinance, is hereby divided into districts which shall be governed by all of the uniform use and dimensional requirements of this Ordinance.
2. B.
   Zoning divides a City's territorial jurisdiction into districts, or zones, of any number, shape and area. Within those districts, the municipality may regulate and restrict the erection, construction, reconstruction, alteration, repair, or use of buildings, structures, or land. All regulations must be uniform for each class or kind of building throughout each district, but the regulations in one (1) district may differ from those in other districts.

Effective on: 5/1/2023

1. For the purposes of this Ordinance, the City of Morganton is hereby divided into zoning districts whose locations and boundaries are shown on the Official Zoning Map for the City of Morganton which is hereby adopted by reference and declared to be a part of this Ordinance.
2. This Zoning Map and all the notations, references and all amendments thereto, and other information shown thereon are hereby made a part of this Ordinance the same as if such information set forth on the map were all fully described and set out herein. The Zoning Map properly attested is on file in the City Hall and is available for inspection by the public.
3. The Administrator or his representative shall be responsible for the maintenance and revision of the Official Zoning Map. Upon notification by the City Board that a zoning change has been made, the Administrator shall make the necessary changes on the Official Zoning Map.
4. Where uncertainty exists as to the boundaries of any district shown on the Official Zoning Map, the Administrator shall employ the following rules of interpretation:
   1. Centerline

      Where a boundary line lies within and follows a street or alley right-of-way, railroad right-of-way, or utility easement, the boundary shall be construed to be in the center of such street or alley right-of-right, railroad right-of-way, or utility easement forming the boundary between two (2) separate zoning districts. If such right-of-way is abandoned or removed from dedication, the district boundaries shall be construed as following the centerline of the abandoned or vacated street or utility easement.

   2. Edge Line

      Where a boundary line follows the edge of a street or alley right-of-way, a railroad right-of-way, or utility easement, the boundary shall be construed to be on the edge of such street or alley right-of-way, railroad right-of-way, or utility easement. If such a street or alley right-of-way, railroad right-of-way, or utility easement forming the boundary between two (2) separate zoning districts is abandoned or removed from dedication, the district boundaries shall be construed as following the edge of the abandoned or vacated street or utility easement.

   3. Lot Line

      Boundaries indicated as approximately following lot lines shall be construed as following such lot lines. In the event that a district boundary line divides a lot or tract, each part of the lot or tract so divided shall be used in conformity with the regulations established by this Ordinance for the district in which said part is located.

   4. City Limits

      Boundaries indicated as approximately following City limits or extraterritorial boundary lines shall be construed as following the City limits or extraterritorial boundary lines.

   5. Watercourses

      Boundaries indicated as approximately following the centerlines of streams, rivers, canals, lakes, or other bodies of water shall be construed to follow such center lines.

   6. Extensions

      Boundaries indicated as parallel to or extensions of street or alley rights-of-way, utility easements, lot lines, City limits, county lines, or extraterritorial boundaries shall be so construed.

   7. Scaling

      In a case where a district boundary does not coincide with any boundary lines as above and no distances are described by specific ordinance; the boundary shall be determined by the use of the scale appearing on the map.

5. Where the Administrator determines that physical features existing on the ground, or actual property lines or other man-made boundary lines used to depict zoning district boundaries, are different than those shown on the Official Zoning Map, the Board of Adjustment shall have the authority to interpret Zoning district boundaries.

Effective on: 1/1/1901

For the purposes of this Zoning Ordinance, the zoning jurisdiction of the City shall include the land within the corporate limits of the City and that land located between these limits and the boundaries established in the municipal ordinance establishing extraterritorial jurisdiction (ETJ) boundaries.

Effective on: 1/1/1901

1. A.
   These regulations shall not apply to any land or structure for which, prior to the effective date hereof, there is a properly approved site specific plan as required by the requirements previously adopted. Any preliminary or final development plat approvals required for such approved and exempted site specific plans shall be conducted in accordance with the requirements of the Zoning Ordinance or Subdivision Ordinance under which they were approved.
2. B.
   In accordance with NCGS 160D-202, property that is located in the extraterritorial jurisdiction (ETJ) and that is used for bona fide farm purposes is exempt from zoning regulations. Property that is located in the ETJ and that ceases to be used for bona fide farm purposes shall become subject to zoning regulations.
3. C.
   Properties with existing Conditional Use District zoning shall retain their existing zoning with all conditions as approved unless the property owner requests a map amendment to one of the zoning designations as set forth in this Ordinance.

Effective on: 5/1/2023

Regulations set forth by this Ordinance shall be minimum regulations. If the requirements set forth in this Ordinance are at variance with the requirements of any other lawfully adopted rules, regulations or ordinance, the more restrictive or higher standards shall govern.

Effective on: 1/1/1901

The “Official Zoning Map, Morganton, North Carolina” and all notations, references and other information shown on the map are hereby incorporated by reference and made a part of this Ordinance.

Effective on: 1/1/1901

1. A.
   Pursuant to NCGS 160D-108 and notwithstanding any other provision of this Ordinance or amendment thereto, a vested right shall be deemed established with respect to any property upon the valid approval of a site specific development plan or a phased development plan. Such vested right shall confer upon the landowner(s) the right to undertake and complete the development and use of said property under the terms and conditions of the site specific development plan or the phase development plan including any amendments thereto.
2. B.
   Upon application, the Board of Adjustment may approve extended zoning vested rights up to five (5) years for a site specific development plan or a phased development plan upon such terms and conditions as may reasonably be necessary to protect the public health, safety and welfare. Such approval shall result in an extended vested right, although failure to abide by such terms and conditions will result in a forfeiture of vested rights. The Board of Adjustment shall not require a landowner to waive his vested rights as a condition of developmental approval. A site specific development plan or a phase development plan shall be deemed approved upon the effective date of the Board’s action.

Effective on: 5/1/2023

1. A.
   An application for an extended zoning vested right for between two (2) and five (5) years shall be submitted to the Zoning Administrator in the Development and Design Services Department. All information requested on the application form shall be accurately set forth and the date and time of receiving the application shall be noted on the application.
2. B.
   A nonrefundable processing fee in the amount set forth in the schedule of fees as adopted by the City Council, shall be due and payable upon submission of the application. The landowner shall attach to his application a site specific development plan.
3. C.
   A site specific development plan meeting the requirements of the Subdivision Ordinance, for subdivisions, or Section 2.2.3.3 of this Ordinance, for site plans, as applicable, shall be submitted. Each map, plat, site plan or other document evidencing a site specific development plan shall contain the following notation:

   “Approval of this plan establishes a zoning vested right under NCGS 160D-108. Unless terminated at an earlier date, the zoning vested right shall be valid until _______.”

4. D.
   Before acting on the application for an extended vested right, the Board of Adjustment shall hold a public hearing. Notice of the public hearing shall be posted on the property and shall be published in a newspaper having general circulation in the area of Morganton at least 10 days but not more than 25 days before the date fixed for the hearing.

Effective on: 5/1/2023

1. A.
   Following the public hearing, an extended zoning vested right shall be deemed established upon approval by the Board of Adjustment of the site specific development plan. The action taken by the Board of Adjustment to approve the plan shall be in the form of an order and the vested rights shall thereafter confer upon the landowner the right to undertake and complete the development and use of the property under the terms and conditions of the site specific development plan, including any amendments thereto; however, in approving the site specific development plan, the Board of Adjustment may attach such terms and conditions to its approval as may be reasonably necessary to protect the public health, safety and welfare and to ensure further compliance with building codes and other development standards. Any plan approved pursuant to this section shall be deemed to be approved subject to the further requirements set forth below:

   1. 1.
      Approval of a site specific development plan upon the condition that a variance be obtained, shall not confer a zoning vested right unless and until the necessary variance is obtained.
   2. 2.
      The establishment of a zoning vested right shall not preclude the application of overlay zonings 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 regulations by the City including but not limited to, building, fire, plumbing, electrical and mechanical codes. Otherwise, applicable new or amended regulations shall become effective with respect to property that is subject to a site specific development plan upon the expiration or termination of the vested right in accordance with this Section.
   3. 3.
      A zoning vested right is not a personal right but shall attach to and run with the applicable property. After approval of a site specific development plan, all successors in title to the original landowner shall be entitled to exercise such right during the applicable period.
   4. 4.
      The landowner shall submit a site specific development plan for approval by the City with respect to each phase or phases in order to obtain final approval to develop within the restrictions of the vested zoning classification or classifications.
   5. 5.
      Following approval or conditional approval of a site specific development plan, nothing in this Section shall exempt such a plan from subsequent review and approvals to ensure compliance with the terms and conditions of the original approval provided that such reviews and approvals are not inconsistent with the original approval.
   6. 6.
      Nothing in this chapter shall prohibit the renovation of the original approval or other remedies for failure to comply with applicable terms and conditions of the approval or the Zoning Ordinance.
   7. 7.
      A zoning vested right that has been vested as provided in this Section shall remain vested for a period of two (2) to five (5) years, where warranted in light of all the relevant circumstances, including, but not limited to, the size of the development, the level of the investment, the need for or desirability of the development, economic cycles and market conditions. These determinations shall be made in the sound discretion of the Board of Adjustment or the City Council at the time the site specific development plan is originally approved.
   8. 8.
      Upon issuance of a building permit the expiration provisions of NCGS 140A-418 and the renovation provisions of NCGS 160D-403 shall 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.
2. B.
   The Board of Adjustment or the City Council shall approve the plan with or without conditions, if the use anticipated is a permitted use, classification and if the plan substantially complies with all other land use regulations and development criteria in effect on the date of the approval. If the plan does not comply with applicable regulations but can be brought into compliance with minor changes, then the Board of Adjustment or the City Council shall conditionally approve the plan. Any conditional approval shall note all required changes in the plan to bring it into compliance or otherwise assure compliance during the development process. The action taken by the Board of Adjustment or the City Council to approve a plan shall clearly identify any additional conditions attached to such approval. Such conditions may require the landowner to obtain other necessary permits, both local, federal or state, require specific soil and erosion controls, traffic control plans, specific buffer or screening requirements, or other similar conditions designed to protect the value of adjacent property and to promote or improve the general health, safety and welfare of the public.
3. C.
   The Board of Adjustment shall deny any approval of a site specific development plan if the plan anticipates uses which are not permitted in the particular zoning classification or if the plan does not substantially comply with other applicable land use regulations and development requirements and cannot reasonably be brought into compliance by amendments to the plan or if the plan poses a danger to the public health, safety and welfare. The plan shall include necessary findings of facts and conclusions to support the denial.
4. D.
   Upon request of the applicant, the Board of Adjustment may approve an extended vesting period of between two (2) years and five (5) years from the date of approval.
5. E.
   This Section shall not apply to development agreements approved in accordance with NCGS 160D-1001 et seq. which may be approved by the City Council.

Effective on: 5/1/2023

1. A.
   A vested right, once established as provided in this chapter, precludes any zoning action by a City which would change, alter, impair, prevent, diminish, or otherwise delay the development or use of the property as set forth in an approved site specific development plan except to the extent permitted in this chapter and consistent with NCGS 160D-108.
2. B.
   A zoning right that has been vested as provided in this chapter shall terminate:

   1. 1.
      At the end of the applicable vesting period with respect to buildings and uses for which no valid building permit applications have been filed;
   2. 2.
      With the written consent of the affected landowner;
   3. 3.
      Upon findings by the Board of Adjustment or the City Council, by ordinance or order after notice and public hearing, that natural or manmade hazards on or in the immediate vicinity of the property, if uncorrected, would pose a serious threat to the public health, safety and welfare, if the project were to proceed as contemplated in the site specific development plan;
   4. 4.
      Upon payment to the affected landowner of compensation for all costs, expenses or other losses incurred by the landowner, including but not limited to, all fees paid in consideration of financing, and all architectural, planning, marketing, legal or other consultant fees incurred after approval by the City, together with interest thereon at the legal rate until paid. Compensation shall not include any diminution in the value of the property which is caused by such action;
   5. 5.
      Upon findings by the Board of Adjustment, by ordinance after notice and hearing, that the owner or his representative intentionally supplied inaccurate information or made material misrepresentations which make a difference in the approval by the Board of Adjustment of the site specific development plan; or
   6. 6.
      Upon enactment or promulgation of a state or federal law regulation that precludes development as contemplated in the site specific development plan in which case the approval authority may modify the affected provisions, upon a finding that the change in law has a fundamental effect on the plan, by ordinance after notice and hearing.

Effective on: 5/1/2023

A petition for annexation filed with the City shall contain a signed statement declaring whether or not any zoning vested right with respect to the property subject to the petition has been established under NCGS 160D-108. A statement that declares that no zoning vested right has been established under NCGS 160D-108 or the failure to sign a statement declaring whether or not a zoning vested right has been established shall be binding on the landowner and any zoning vested right shall be terminated.

Effective on: 5/1/2023

Development Agreements may be approved by the City Council in accordance with NCGS 160D-1001 et seq..

Effective on: 5/1/2023