This Ordinance shall be known and may be cited as the "Nash County Unified Development Ordinance," except as referred to herein, where it shall be known as "this Ordinance.'

(Ord. of 11-1-2004, § 1-2.3)

1-2.1.

Repeal of Inconsistency. All ordinances, or portions thereof, of Nash County, which relate to zoning, subdivision, and land use which are inconsistent with the provisions of this Ordinance are hereby repealed to the extent of such inconsistency.

1.2.2.

Enactment. This Ordinance is hereby enacted and shall be the Unified Development Ordinance for Nash County.

1-2.3.

Effective Date. This Ordinance was originally adopted on October 5, 1998 and shall become effective on April 1, 1999.

(Ord. of 11-1-2004, § 1-2)

1-3.1.

General Purpose. It is the purpose of this Ordinance to promote the health, safety, and general welfare of the residents of Nash County through the regulations of this Ordinance.

1-3.2.

Zoning Regulation Purpose. The zoning regulations, adopted and prescribed in this Ordinance, are found by the Board of Commissioners to be necessary and appropriate to:

(A)

Lessen congestion in the roads;

(B)

Secure safety from fire, panic and other dangers;

(C)

Provide adequate light and air,

(D)

Prevent the overcrowding of land;

(E)

Avoid undue concentration of population;

(F)

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

(G)

Protect water quality within public water supply watersheds;

(H)

Preserve and enhance visual attractiveness and economic vitality;

(I)

Require appropriate setbacks for buildings and other structures to facilitate the safe movement of vehicular and pedestrian traffic, provide adequate fire lanes and ensure adequate distance from dust, noise and fumes created by vehicular traffic; and

(J)

Establish a zoning vested right upon the approval of a site specific development plan pursuant to NCGS 153A-344.1.

1-3.3.

Cluster and Zero Side Setback Regulation Purpose. The single-family dwelling cluster and zero side setback regulations, adopted and prescribed in this Ordinance, are found by the Board of Commissioners to be necessary and appropriate to:

(A)

Encourage innovation in residential development by providing efficient, attractive, flexible and environmentally sensitive design;

(B)

Lower the costs of housing by reducing the lot size and the per dwelling unit linear footage of roads, water lines, storm sewers and sanitary sewers;

(C)

Reduce the future cost of infrastructure maintenance and, therefore, the burden upon taxpayers and ratepayers;

(D)

Encourage development in areas, which have major roads and utility lines in place, but are experiencing little or no development;

(E)

Protect water quality, preserve wildlife habitats, and protect natural features such as streams, lakes, wetlands, and trees; and

(F)

Reduce the amount of grading necessary for site preparation.

1-3.4.

Manufactured Housing Regulation Purpose. The manufactured housing regulations, adopted and prescribed in this Ordinance, are found by the Board of Commissioners to be necessary and appropriate to:

(A)

Provide alternative, affordable housing opportunities for low and moderate income residents in residential areas by allowing for the use of manufactured dwellings; and

(B)

Protect property values and preserve the character and integrity of the community or individual neighborhoods within the community.

1-3.5.

Subdivision Regulation Purpose. The subdivision regulations, adopted and prescribed in this Ordinance, are found by the Board of Commissioners to be necessary and appropriate to:

(A)

Promote orderly growth and development;

(B)

Provide for suitable residential and nonresidential developments with adequate roads and utilities and appropriate building sites;

(C)

Provide for the distribution of population and traffic in a manner which shall avoid congestion and overcrowding;

(D)

Provide for the coordination of roads within subdivisions with existing or planned roads and with other public facilities;

(E)

Provide for the dedication or reservation of rights-of-way or easements for road and utility purposes;

(F)

Provide for the dedication or reservation of adequate spaces for public lands and buildings;

(G)

Encourage design that is protective of environmental quality;

(H)

Provide for the dedication or reservation of recreation, park, farmland and green-way areas; and

(I)

Provide proper land records for the convenience of the public and for better identification and permanent location of real property boundaries.

1-3.6.

Sign Regulation Purpose. The sign regulations, adopted and prescribed in this Ordinance, are found by the Board of Commissioners to be necessary and appropriate to:

(A)

Recognize that signs serve a legitimate public service and that they complement and support trade, tourism, and investment within Nash County;

(B)

Encourage the effective use of signs as a means of visual communication;

(C)

Promote a positive community appearance for the enjoyment of all citizens;

(D)

Maintain and enhance the aesthetic environment and the community's ability to attract sources of economic development and growth;

(E)

Protect the public from damage or injury attributable to distractions and/or obstructions caused by improperly designed or located signs; and

(F)

Protect existing property values in both residential and nonresidential areas.

1-3.7.

Off-Road Parking, Stacking, and Loading Regulation Purpose. The Off-road parking, stacking, and loading regulations, adopted and prescribed in this Ordinance, are found by the Board of Commissioners to be necessary and appropriate to:

(A)

Ensure a sufficient amount of Off-Road parking, stacking, and loading areas for various land uses;

(B)

Ensure easy, convenient circulation of vehicles within parking and loading areas;

(C)

Minimize the potential for conflict with traffic on public roads; and

(D)

Permit the shared use of parking areas by establishments and/or activities which have different hours of operation.

1-3.8.

Buffer Yard Purpose. The buffer yard regulations adopted and prescribed in this Ordinance, are found by the Board of Commissioners to be necessary and appropriate to:

(A)

Create a better quality of life for the community by encouraging preservation of existing trees and vegetation;

(B)

Provide visual buffering and enhance beautification;

(C)

Establish appropriate separation between land uses;

(D)

Provide the separation necessary to permit certain land uses to coexist harmoniously which might not do so otherwise;

(E)

Safeguard and enhance property values and protect public and private investment;

(F)

Enhance the County's competitive position in economic development and tourism by improving views, particularly along roads; and

(G)

Reduce the negative impact of glare, noise, trash, odors, overcrowding, traffic, lack of privacy, and visual disorder when incompatible land uses adjoin one another.

1-3.9.

Watershed Protection Purpose. The watershed protection regulations adopted and prescribed in this Ordinance, are found by the Board of Commissioners to be necessary and appropriate to:

(A)

Protect those portions of designated public water supply watersheds which lie closest to existing and proposed public water supply sources from activities which could degrade water quality in those water supply sources;

(B)

Reduce the volume of nutrients and other chemicals, which could enter the water supply, by reducing the amount of runoff which any given development will generate;

(C)

Minimize land disturbance to reduce the amount of sediment washing into streams and lakes and to enhance the infiltration of runoff into soil, thus alleviating the sedimentation of water supply sources which reduces their storage capacity, shortens their useful life, and makes them less able to withstand drought;

(D)

Reduce the probability of the release of harmful chemicals into water supply sources, either through natural catastrophe or human error; and

(E)

Provide for natural and engineered methods for managing the stormwater which flushes contaminants off of impervious surfaces in the watershed areas and which may reach water supply sources unless controlled.

1-3.10.

Flood Damage Prevention Purpose. The flood damage prevention regulations, adopted and prescribed in this Ordinance, are found by the Board of Commissioners to be necessary and appropriate in order to:

(A)

Permit only that development within the floodplain which is appropriate in light of the probability of flood damage and which represents a reasonable social and economic use of land in relation to the hazards involved; and

(B)

Minimize public and private losses due to flood conditions in specific areas by enactment of provisions designed to:

1)

Restrict or prohibit uses which are dangerous to health, safety and property due to water or erosion hazards, or which result in damaging increases in erosion or in flood heights or velocities;

2)

Require that uses vulnerable to floods, including facilities, which serve such uses, be protected against flood damage at the time of initial construction;

3)

Control the alteration of natural floodplains, stream channels, and natural protective barriers which are involved in the accommodation of flood waters;

4)

Control filling, grading, dredging and other development, which may increase erosion or flood damage;

5)

Prevent or regulate the construction of flood barriers which will unnaturally divert flood waters or which may increase flood hazards to other lands;

6)

Protect human life and health;

7)

Minimize expenditure of public money for costly flood control projects;

8)

Minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public;

9)

Minimize prolonged business losses and interruptions;

10)

Minimize damage to public facilities and utilities such as water, sewer, gas, electric, and telephones lines and roads and bridges located in floodplains;

11)

Help maintain a stable tax base by providing for the sound use and development of flood prone areas in such a manner as to minimize flood blight areas;

12)

Permit and encourage the retention of open land uses which will be so located and designed as to constitute a harmonious and appropriate part of the physical development of the community and which will not impede the flow of floodwaters; and

13)

Ensure that potential buyers are notified whenever property is in a flood hazard area.

(C)

Effect on rights and liabilities under the existing flood damage prevention ordinance. This ordinance in part comes forward by re-enactment of some of the provisions of the flood damage prevention ordinance enacted January 20, 1982 as amended, and it is not the intention to repeal but rather to re-enact and continue to enforce without interruption of such existing provisions, so that all rights and liabilities that have accrued thereunder are reserved and may be enforced. The enactment of this ordinance shall not affect any action, suit or proceeding instituted or pending. All provisions of the flood damage prevention ordinance of Nash County enacted on January 20, 1982, as amended, which are not reenacted herein, are repealed.

(a)

Effect upon outstanding building permits. Nothing herein contained shall require any change in the plans, construction, size or designated use of any development or any part thereof for which a floodplain development permit has been granted by the floodplain administrator or his or her authorized agents before the time of passage of this ordinance; provided, however, that when construction is not begun under such outstanding permit within a period of six (6) months subsequent to passage of this ordinance or any revision thereto, construction or use shall be in conformity with the provisions of this ordinance.

(Ord. of 11-1-2004, § 1-3)

The provisions of this Ordinance shall apply to all the territory encompassed in Nash County, North Carolina, herein referred to as 'the Jurisdiction,' except for those areas within incorporated municipalities and their extraterritorial jurisdiction. Such planning jurisdiction may be modified from time to time in accordance with NCGS 153A-320. This Ordinance shall govern the development and use of land and structures therein, except for bona fide farms as provided for by NCGS 153A-340.

This Ordinance does not impose nor exercise any controls over croplands, timberlands, pasturelands. orchards, idle (land currently not cultivated or that is fallow—currently unplanted for crops) or other farmlands. Nor does it exercise control over any farmhouse, barn, poultry house, or other farm buildings, including tenant or other houses for persons working on said farms, as long as such houses shall be located on the farm. Residences for family members or non-farm use shall be subject to the provisions of this Ordinance.

(Ord. of 1-4-2010, § 1-4; Ord. of 7-12-2010, Amd. 1)

This Ordinance is adopted pursuant to portions of one or more of the following authorities in NCGS: Chapter 63 (Aeronautics), Chapter 69 (Fire Protection), Chapter 74 (Environmental Controls), Chapter 95 (Department of Labor and Labor Regulations), Chapter 106 (Agricultural Regulations), Chapter 113A (Pollution Control and Environment), Chapter 119 (Gasoline and Oil Inspection and Regulations), Chapter 121 (Environmental Controls), Chapter 130A (Public Health), Chapter 133 (Public Works), Chapter 136 (Roads and Highways), Chapter 143 (State Departments, Institutions, and Commissions), Chapter 153A (Counties), and Chapter 168 (Handicapped Persons). This Ordinance may be amended from time to time as required or allowed by subsequent legislature enactments.

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

1-7.1.

Compliance. No building, premises, or structure shall be constructed, erected, modified, converted, occupied, placed, maintained or moved, and no land use shall be commenced, maintained, or modified, except as authorized by this Ordinance.

1-7.2.

Voluntary Compliance. Nothing in this Section shall be deemed to preclude voluntary compliance with the provisions of this Ordinance for development approved prior to the effective date of this Ordinance.

It is the intention of the Board of Commissioners that this Ordinance implement the planning policies adopted by the Board of Commissioners for Nash County, as reflected in the land development plan and other planning documents. While the Board of Commissioners reaffirms its commitment that this Ordinance and any amendment to it be in conformity with adopted planning policies, the Board of Commissioners hereby expresses its intent that neither this Ordinance nor any amendment to it may be challenged on the basis of any alleged nonconformity with any planning document.

(A)

Reasonable fees sufficient to cover the costs of administration, inspection, publication of notice and similar matters may be charged to applicants for zoning permits, sign permits, conditional use permits, special use permits, subdivision plat approval, zoning amendments, variances and other administrative relief. The amount of the fees charged shall be set forth in the County's budget or as established by resolution of the Board of Commissioners and filed in the offices of the Planning Department.

(B)

Fees established in accordance with subsection (A) shall be paid upon submission of a signed application or notice of appeal.

1-10.1.

Invalidation. Should any Section, sentence, clause, phrase, or word of this Ordinance be held invalid or unconstitutional by a Court of competent jurisdiction of either the State of North Carolina or the United States, such decision shall not affect, impair, or invalidate the validity of the remaining parts of this Ordinance which can be given effect without the invalid provision.

1-10.2.

Prejudicial Application. If any Section, sentence, clause, phase, or word of this Ordinance be held invalid or unconstitutional in its application to a particular case, such decision shall not affect or prejudice its application to other cases.

1-10.3.

Lawful Presumption. There shall be a conclusive presumption when a Zoning Administrator or board authorizes regulatory action, that such administrator or board would not have authorized such action except in the belief that such action was lawful.