This ordinance shall be known as the Newport Unified Development Ordinance and may be referred to as the "UDO" or the "Zoning Ordinance." The Official Zoning Map of Newport, North Carolina may be referred to as the "Zoning Map" and is hereby incorporated into and made part of this ordinance.

(Ord. 2021-02, passed 6-14-2021)

   This ordinance consolidates the Town of Newport's land use regulatory authority as authorized by the North Carolina General Statutes, and is adopted pursuant to the authority granted to the Town of Newport by G.S. Chapter 160D and any special legislation enacted for the Town by the North Carolina General Assembly.

(Ord. 2021-02, passed 6-14-2021)

   This ordinance shall become effective on June 15, 2021.

(Ord. 2021-02, passed 6-14-2021)

   The provisions of this ordinance shall apply to the use and development of all land within the corporate limits of the Town of Newport, North Carolina and within the town's extraterritorial jurisdiction, as identified on the Town of Newport's Official Zoning Map.

(Ord. 2021-02, passed 6-14-2021)

   The building area and setback requirements of this ordinance shall not apply to bona fide farms, as defined by the North Carolina General Statutes, located in any district outside of the corporate limits of the Town of Newport. In case of conversion to nonagricultural uses, however, a certificate of compliance must be procured as prescribed in § 3-4.11, and the new use must comply with all of the regulations for the district in which it is located.

(Ord. 2021-02, passed 6-14-2021)

   The purpose of this ordinance is to protect the health, safety, and general welfare of the citizens of the Town of Newport and its extraterritorial jurisdiction. The intent of this ordinance is specifically to:

   a.   Implement the land use goals and objectives of the Core CAMA Land Use Plan and ensure consistency with other adopted plans that affect the town.

   b.   Promote sustainable development that ensures the prudent use of existing resources, conserves valuable resources for future generations, and reduces waste and climate impacts.

   c.   Maintain economically vibrant and attractive commercial areas.

   d.   Protect the quality of established residential neighborhoods.

   e.   Support development that generates new jobs and tax revenues in order to maintain a consistent level of municipal services and improve quality of life for Newport residents.

   f.   Protect life and property from harm by regulating development in areas where natural hazards exist.

   g.   Provide for a range of housing opportunities for the citizens of Newport.

   h.   Ensure adequate infrastructure is constructed to support future development.

   i.   Coordinate land use and development decisions with transportation improvements to reduce congestion and ensure the safety of roads in Newport.

   j.   Allow residents to become active participants in the public realm of their community.

(Ord. 2021-02, passed 6-14-2021)

   In accordance with G.S. §§ 160D-501, 160D-604 and 160D-605, all development plans and subdivision master plans shall be in conformance with all adopted plans and policies, which includes comprehensive plans, transportation plans, and any other plan adopted by the Newport Town Council.

(Ord. 2021-02, passed 6-14-2021)

   This ordinance is intended to apply the goals, policies, and implementing actions of the Core CAMA Land Use Plan along with any plans, policies, and resolutions incorporated by reference into that document.

(Ord. 2021-02, passed 6-14-2021)

   Any amendments to, or actions pursuant to, this ordinance must be consistent with the Core CAMA Land Use Plan. The Land Use Plan may be amended, and this ordinance, along with the Official Zoning Map, should reflect those changes.

(Ord. 2021-02, passed 6-14-2021)

   The language of this ordinance must be read and interpreted literally. Regulations contained within this ordinance are no more or less strict than stated.

(Ord. 2021-02, passed 6-14-2021)

   For the purposes of interpreting the general language and sentence construction of this ordinance, the following rules of construction apply unless the context clearly indicates otherwise:

   a.   Meaning of words. Words listed in Appendix A-1, Definitions, have specific meaning assigned, unless the context expressly indicates another meaning. Words that are not defined are given their common meaning.

   b.   Tense. Words used in the present tense include the future tense. The reverse is also true.

   c.   Singular and plural. Words used in the singular include the plural. The reverse is also true.

   d.   Mandatory terms. The words "shall", "will", "must", and "may not" are mandatory or compulsory in nature, implying an obligation or duty to comply with the particular provision.

   e.   Gender. Words used in the male gender include the female gender. The reverse is also true.

   f.   Days. Any reference to "days" means calendar days unless otherwise specified.

   g.   Reference. Any reference to an article, section, or paragraph means an article, section, or paragraph of this ordinance, unless otherwise specified.

   h.   Tables, figures, and illustrations. Tables, figures, and illustrations are provided for reference only and do not define or limit the scope of any provision of this ordinance. In case of any difference of meaning or implication between the text of this ordinance and any table, figure, or illustration, the text shall govern.

   i.   Current versions and citations. All references to other town, state, or federal regulations in this ordinance are intended to be references to the most current versions and citations, unless otherwise expressly indicated. When referenced regulations have been repealed and not replaced by other regulations, requirements for compliance are no longer in effect.

   j.   Lists and examples. Unless otherwise expressly indicated, lists of items or examples that use "including", "such as", or similar terms are intended to provide examples only. They may not be construed as exhaustive lists of all possibilities.

   k.   Delegation of authority. Whenever a provision appears requiring a specific officer or employee of the Town of Newport to perform an act or duty, that provision will be interpreted as authorizing the officer or employee to delegate that responsibility to others over whom they have authority. Delegation of authority is not allowed when the provisions of this ordinance or other regulations expressly prohibit such delegation.

   l.   Calculations and rounding. Unless otherwise specified within this ordinance, all calculations that result in a fraction of a whole number must be rounded up to the next whole number.

(Ord. 2021-02, passed 6-14-2021)

   If any provisions of this ordinance are inconsistent with those of the state or federal government, the more restrictive provisions shall govern unless the state or federal regulation is intended to preempt the local regulation. The more restrictive provision is the one that imposes greater restrictions or more stringent controls. Regardless of any other provision of this ordinance, no land may be developed or used, and no structure may be erected or maintained in violation of any state or federal regulation.

(Ord. 2021-02, passed 6-14-2021)

   If the provisions of this ordinance are inconsistent with one another, or if they conflict with provisions in other adopted ordinances or regulations of the Town of Newport, the more restrictive provision will govern. The more restrictive provision is the one that imposes greater restrictions or more stringent controls. The provisions of G.S. § 160D-706 shall control over any provisions or definitions within this UDO to the contrary.

(Ord. 2021-02, passed 6-14-2021)

   This ordinance is not intended to repeal, abrogate, annul, impair, or interfere with any existing easement, covenant, deed restriction, agreement, or permit previously adopted or issued pursuant to law. The Town or Newport has no responsibility for monitoring or enforcing private agreements or contracts.

(Ord. 2021-02, passed 6-14-2021)

   The Official Zoning Map designates the location and boundaries of the zoning districts established by this ordinance. The Official Zoning Map and prior zoning maps shall be kept on file in paper or digital format with the Town Clerk, and is available for public inspection during normal business hours. The original official version of the map shall be certified by the Town Clerk, and shall bear the town seal. It shall be the final authority as to the status of the current zoning district classification of land within the town's jurisdiction, and shall only be amended in accordance with the provisions of this ordinance. When zoning district boundaries are based on maps a regulation text or zoning map may reference a specific officially adopted map or may incorporate by reference, the most recent officially adopted version of such maps shall be maintained for public inspection (G.S. § 160D-105).

(Ord. 2021-02, passed 6-14-2021)

   Unless the property owner consents, this ordinance does not apply to the completion of the development of buildings or uses for which either:

   a.   Building permits have been issued pursuant to G.S. § 160D-1110 prior to June 15, 2021, so long as the permits remain valid and unexpired pursuant to G.S. § 160D-1111 and unrevoked pursuant to G.S. § 160D-1115.

   b.   A vested right has been established and is valid and unexpired pursuant to G.S. § 160D-108.

(Ord. 2021-02, passed 6-14-2021)

   Variances, special use permits, conditional use permits, subdivision plats, site plans, and other similar development approvals that are valid on June 14, 2021 will remain valid until their expiration date, if applicable. Development may be completed in accordance with such approvals even if such building, development, or structure does not fully comply with the provisions of this ordinance. If development is not commenced and diligently pursued in the time allowed under the original approval or any extension granted, then the building, development, or structure must meet the standards of this ordinance in effect that the time of resubmittal.

(Ord. 2021-02, passed 6-14-2021)

   Applications for building permits, variances, special use permits, conditional use permits, subdivision plats, site plan approvals, and other similar development approvals that were submitted in complete form and are pending approval on June 15, 2021 must be reviewed wholly under the terms of this ordinance in effect on June 14, 2021. Any resubmittal for an expired approval must meet the standards of this ordinance in effect at that time.

(Ord. 2021-02, passed 6-14-2021)

   Violations of the previous ordinance which are in violation of this ordinance will continue to be a violation and will be subject to penalties and enforcement action under Article IV, Enforcement. The adoption of this ordinance does not affect nor prevent any pending or future action to abate violations of previous ordinances.

(Ord. 2021-02, passed 6-14-2021)

   It is hereby declared the intention of the Council that the sections, paragraphs, sentences, clauses and phrases of this ordinance are severable. If any section, paragraph, sentence, clause or phrase is declared unconstitutional or otherwise invalid by any court of competent jurisdiction in a valid judgment or decree, such unconstitutionality or invalidity shall not affect any of the remaining sections, paragraphs, 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.

(Ord. 2021-02, passed 6-14-2021)