This ordinance shall be known and cited as the City of New Bern Land Use Ordinance.

This ordinance is adopted pursuant to the authority granted by G.S. 160D-103.

(Ord. No. 22-051, § 1, 12-13-22)

(a)

This ordinance is effective throughout the city's planning and development regulation jurisdiction, which consists of the area within the corporate boundaries of the city and the area beyond the city limits within which the extraterritorial jurisdiction of the city has been extended, in accordance with G.S. ch. 160D as both may be amended from time to time.

(b)

In addition to other locations required by law, a copy of a map showing the boundaries of the city's planning jurisdiction shall be available for public inspection in the planning and inspections department and the engineering department.

(Ord. No. 22-051, § 1, 12-13-22)

(a)

The original subdivision ordinance of the city was adopted by the board of aldermen on February 7, 1956 and became effective immediately thereafter, and has been subsequently amended most recently as November 22, 2022.

(b)

The original zoning ordinance of the city was adopted by the board of aldermen on June 23, 1953. No effective date was stated. The existing zoning ordinance was adopted on March 5, 1968, effective on March 15, 1968.

(c)

The original flood damage prevention ordinance was adopted by the board of aldermen of the city on May 24, 1978. The current flood damage prevention ordinance was adopted on April 28, 1987, and became effective upon adoption.

(Ord. No. 22-051, § 1, 12-13-22)

(a)

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

(b)

G.S. ch. 160D applies to this ordinance. In the event of any conflict between this ordinance and G.S. ch. 160D, the provisions of G.S. ch. 160D shall control.

(Ord. No. 22-051, § 1, 12-13-22)

It is the intention of the board of aldermen that this ordinance implement the planning policies adopted by the board for the city and its extraterritorial planning area, as reflected in the land use plan and other planning documents.

(a)

Subject to article VIII of this ordinance, nonconforming situations, no person shall commence or proceed with development as defined in section 15-15 without first securing approval from the city as herein provided.

(b)

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

(Ord. No. 22-051, § 1, 12-13-22)

(a)

Fees sufficient to cover the costs of administration, inspection, publication of notice, and similar matters may be charged to the applicant for zoning permits, sign permits, special use permits, subdivision plat approval, zoning amendments, variances, and other administrative relief. The amount of the fees charged shall be established from time to time by the board of aldermen.

(b)

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

(Ord. No. 16-047, § 1, 9-13-16)

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

(a)

Unless otherwise specifically provided, the time within which an action is to be taken shall be computed by excluding the first and including the last day. If the last day is Saturday, Sunday, or a legal holiday, that day shall be the next regular working day.

(b)

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

(Ord. No. 22-051, § 1, 12-13-22)

(a)

As used in this ordinance, words importing the masculine gender include the feminine and the neuter.

(b)

Words used in the singular in this ordinance include the plural and words used in the plural include the singular.

(a)

Board of aldermen. A board of aldermen member shall not vote on any legislative decision regarding a development regulation under this ordinance where the outcome of the matter being considered is reasonably likely to have a direct, substantial, and readily identifiable financial impact on the member. A board of aldermen member shall not vote on any zoning amendment if the landowner of the property subject to a rezoning petition or the applicant for a text amendment is a person with whom the member has a close familial, business, or other associational relationship.

(b)

Appointed boards. Members appointed to board by the board of aldermen shall not vote on any advisory or legislative decision regarding a development regulation under this ordinance where the outcome of the matter being considered is reasonably likely to have a direct, substantial, and readily identifiable financial impact on the member. A member appointed to the planning and zoning board by the board of aldermen shall not vote on any zoning amendment if the landowner of the property subject to a rezoning petition or the applicant for a text amendment is a person with whom the member has a close familial, business, or other associational relationship.

(c)

Administrative staff. No staff member shall make a final decision on an administrative decision under this ordinance if the outcome of that decision would have a direct, substantial, and readily identifiable financial impact on the staff member or if the applicant or other person subject to that decision is a person with whom the staff member has a close familial, business, or other associational relationship. If a staff member has a conflict of interest under this section, the decision shall be assigned to the supervisor of the staff person or such other staff person as may be designated by the development regulation or other ordinance.

No staff member shall be financially interested or employed by a business that is financially interested in a development subject to regulation under this ordinance unless the staff member is the owner of the land or building involved. No staff member or other individual or an employee of a company contracting with the city to provide staff support shall engage in any work that is inconsistent with his or her duties or with the interest of the city, as determined by the city.

(d)

Quasi-judicial decisions. A member of any board exercising quasi-judicial functions pursuant to this ordinance shall not participate in or vote on any quasi-judicial matter in a manner that would violate affected persons' constitutional rights to an impartial decision maker. Impermissible violations of due process include, but are not limited to, a member having a fixed opinion prior to hearing the matter that is not susceptible to change, undisclosed ex parte communications, a close familial, business, or other associational relationship with an affected person, or a financial interest in the outcome of the matter.

(e)

Resolution of objection. If an objection is raised to a board member's participation at or prior to the hearing or vote on a particular matter and that member does not recuse himself or herself, the remaining members of the board shall by majority vote rule on the objection.

(f)

Familial relationship. For purposes of this section, a "close familial relationship" means a spouse, parent, child, brother, sister, grandparent, or grandchild. The term includes the step, half, and in-law relationships.

(Ord. No. 22-051, § 2, 12-13-22)