This Ordinance shall be known and may be cited as the Oak Island Unified Development Ordinance.

(Ord. of 10-9-2018)

Zoning provisions enacted herein are under the authority of G.S. 160D-107, G.S. 160D-406, G.S. 160D-702, G.S. 160D-704, G.S. 160D-705, G.S. 160D-903, and G.S. 160D-908, which extends to towns/cities the authority to enact regulations which promote the health, safety, morals, or the general welfare of the community. It is further authorized under G.S. 160D-101, G.S. 160D-502, G.S. 160D-605(b), G.S. 160D-703, and G.S. 160D-909 which authorizes cities to regulate and restrict the erection, construction, reconstruction, alteration, repair or use of buildings, structures, or land. This section further authorizes the establishment of overlay districts in which additional regulations may be imposed upon properties that lie within the boundary of the district. The statutes also require that all such regulations shall be uniform for each class or type of building throughout each district, but that the regulations in one district may differ from those in other districts. The Unified Development Ordinance may also include development standards that apply uniformly jurisdiction-wide rather than being applicable only in particular zoning districts pursuant to G.S. 160D-703. Oak Island may regulate development, including floating homes, over estuarine waters and over lands covered by navigable waters owned by the State pursuant to G.S. 146-12 and G.S. 160D-702.

Subdivision provisions enacted herein are under the authority of G.S. 160D-804 and G.S. 160D-804.1 which provide for the coordination of streets within proposed subdivisions with existing or planned street and with other public facilities, the dedication or reservation or recreation areas serving residents of the immediate neighborhood within the subdivision, or alternatively, for the provision of funds to be used to acquire recreation areas serving residents of more than one neighborhood in the immediate area, and for the distribution of population and traffic in a manner that will avoid congestion and overcrowding.

This UDO, which combines zoning and subdivision authority, is further enacted under Section 1 of SL 2005-418, a revision to G.S. 160D-102, G.S. 160D-103, G.S. 160D-106, and G.S. 160D-502.

(Amend. of 2-9-2021(3); Amend. of 6-8-2021(13))

1.3.1. This Ordinance shall be effective throughout the town's planning jurisdiction. The town's planning jurisdiction comprises the area within the corporate boundaries of the town as well as the area described in that ordinance adopted by the Town Council which establishes the town's extraterritorial jurisdiction. Such planning jurisdiction may be modified from time to time in accordance with G.S. 160D-200, G.S. 160D-202, and G.S. 160D-903.

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

1.3.3. Except as hereinafter provided, no building or structure shall be erected, moved, altered, or extended, and no land, building, or structure or part thereof shall be occupied or used unless in conformity with the regulations specified for the district in which it is located.

1.3.4. Reserved.

1.3.5. The Town may provide for expedited review of specified classes of subdivisions and may require only a plat for recordation for the division of a tract or parcel of land in single ownership if all of the following criteria are met:

• The tract or parcel to be divided is not exempted under 1.3.4.3 of this section.

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

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

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

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

1.3.5.1. All lot dimension size requirements of the applicable land-use regulations.

1.3.5.2. The use of the lots is in conformity with the applicable zoning requirements.

1.3.5.3. A permanent means of ingress and egress is recorded for each lot. (2019-111, s. 2.4.)

(Ord. of 10-9-2018; Amend. of 2-9-2021(3); Amend. of 6-8-2021(1); Amend. of 6-8-2021(9); Amend. of 11-8-2022(2))

If any section or specific provision or standard of this Ordinance or any regulating district boundary arising from it is found by a court to be invalid for any reason, the decision of the court shall not affect the validity of any other section, provision, standard, or district boundary of these regulations except the provision in question. The other portions of these regulations not affected by the decision of the court shall remain in full force and effect.

(Ord. of 10-9-2018)

All references in this UDO to articles or sections are to the articles or sections of this UDO unless otherwise specified.

(Ord. of 10-9-2018)

In interpreting and applying the provisions of this Ordinance, they shall be held to be the minimum requirements for the promotion of the public safety, health, convenience, prosperity, and general welfare. It is not intended by this Ordinance to interfere with, abrogate, or annul any easements, covenants, 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, restrictive covenants, or agreements, the provisions of this Ordinance shall govern.

(Ord. of 10-9-2018)

Editor's note— Amend. of 11-8-2022(2), repealed § 1.7, which pertained to provisions considered as continuations of existing ordinances and derived from Ord. of 10-9-2018.

1.8.1. Complaints Regarding Violations.

Whenever the UDO Administrator receives a written, signed complaint alleging a violation of the Ordinance, he/she shall investigate the complaint, take whatever action is warranted, and inform the complainant in writing what actions will be taken.

1.8.2. Enforcement.

Enforcement is through civil penalty and injunctive relief only. Subject to the provisions of the development regulation, any development regulation may be enforced by any remedy provided by G.S. 160D-404(c).

1.8.3. Persons Liable for Violations.

The owner, tenant, or occupant of any building or land or part thereof and any architect, builder, contractor, agent, or other person who participates in, assists, directs, creates, or maintains any situation that is contrary to the requirements of this Ordinance may jointly and/or independently be held responsible for the violation and suffer the penalties and be subject to the remedies herein provided.

1.8.4. Procedures Upon Discovery of Violations.

1.8.4.1. When staff determines work or activity has been undertaken in violation of a development regulation or any State law delegated to the town for enforcement purposes in lieu of the State or in violation of the terms of a development approval, a written notice of violation may be issued. The notice of violation shall be delivered to the holder of the development approval and to the landowner of the property involved, if the landowner is not the holder of the development approval, by personal delivery, electronic delivery, or first-class mail and may be provided by similar means to the occupant of the property or the person undertaking the work or activity. The notice of violation may be posted on the property pursuant to G.S. 160D-404. Additional written notices may be sent at the UDO Administrator's discretion.

1.8.4.2. The final written notice (and the initial written notice may be the final notice) shall state what action the UDO Administrator intends to take if the violation is not corrected and shall advise that the UDO Administrator's decision or order may be appealed to the Board of Adjustment in accordance with Section 4.10.1.

1.8.4.3. Notwithstanding the foregoing, in cases when delay would seriously threaten the effective enforcement of the Ordinance or pose a danger to the public health, safety, or welfare, the UDO Administrator may seek enforcement without prior written notice by invoking any of the penalties or remedies authorized in Section 1.8.5.

1.8.5. Penalties and Remedies for Violations.

1.8.5.1. Violations of the provisions of this Ordinance or failure to comply with any of its requirements, including violations of any conditions and safeguards established in connection with grants of variances or special use permits shall be punishable by a civil penalty in accordance with the fee schedule as set forth in the town's budget or as established by resolution of the Town Council (see Section 2.8). If the offender fails to pay this penalty within ten days after being cited for a violation, the penalty may be recovered by the town in a civil action in the nature of debt.

1.8.5.2. This Ordinance may also be enforced by any appropriate equitable action.

1.8.5.3. Each day that any violation continues after notification by the UDO Administrator that such violation exists shall be considered a separate offense for purposes of the penalties and remedies specified in this section. Separate notices will not be provided for each violation.

1.8.5.4. Any one, all, or a combination of the foregoing penalties and remedies may be used to enforce this Ordinance.

1.8.5.5. Reserved.

1.8.5.6. If a building or structure is erected, constructed, reconstructed, altered, repaired, converted, or maintained, or any building, structure, or land is used or developed in violation, Oak Island staff, in addition to other remedies, may institute any appropriate action or proceedings to prevent the unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance, use, or development; to restrain, correct or abate the violation; to prevent occupancy of the building, structure, or land; or to prevent any illegal act, conduct, business, or use in or about the premises pursuant to G.S. 160D-404(c).

1.8.6. Permit Revocation.

1.8.6.1. Development approvals shall be revoked for any substantial departure from the approved application, plans, or specifications; for refusal or failure to comply with the requirements of any applicable local development regulation or any State law delegated to the town for enforcement purposes in lieu of the State; or for false statements or misrepresentations made in securing the approval. Any development approval mistakenly issued in violation of an applicable State or local law may also be revoked.

1.8.6.2. Development approvals may be revoked by notifying the holder in writing stating the reason for the revocation. The town shall follow the same development review and approval process required for issuance of the development approval, including any required notice or hearing, in the review and approval of any revocation of that approval. The revocation of a development approval by a staff member may be appealed pursuant to G.S. 160D-405.

1.8.6.3. No person may continue to make use of land or building in the manner authorized by any permit issued under this Ordinance after such permit has been revoked in accordance with this Ordinance. Whenever any work or activity subject to regulation or any State law delegated to the town for enforcement purposes in lieu of the State is undertaken in substantial violation of any State or local law, or in a manner that endangers life or property; staff may order the specific part of the work or activity that is in violation or presents such a hazard to be immediately stopped. The order shall be in writing, directed to the person doing the work or activity, and shall state the specific work or activity to be stopped, the reasons therefor, and the conditions under which the work or activity may be resumed. A copy of the order shall be delivered to the holder of the development approval and to the owner of the property involved (if that person is not the holder of the development approval) by personal delivery, electronic delivery, or first-class mail. No further work or activity shall take place in violation of a stop work order pending a ruling on the appeal. Violation of a stop work order shall constitute a Class 1 misdemeanor.

1.8.6.4. In addition to initiation of enforcement actions under G.S. 160D-404, development approvals may be revoked by the UDO Administrator or his/her designee issuing the development approval by notifying the holder in writing stating the reason for the revocation. The town shall follow the same development review and approval process required for issuance of the development approval, including any required notice or hearing, in the review and approval of any revocation of that approval. Development approvals shall be revoked for any substantial departure from the approved application, plans, or specifications; for refusal or failure to comply with the requirements of any applicable local development regulation or any State law delegated to the town for enforcement purposes in lieu of the State; or for false statements or misrepresentations made in securing the approval. Any development approval mistakenly issued in violation of an applicable State or local law may also be revoked. The revocation of a development approval by a staff member may be appealed pursuant to G.S. 160D-405. If an appeal is filed regarding a development regulation adopted by the Town of Oak Island, the provisions of G.S. 160D-405(e) regarding stays shall be applicable.

(Ord. of 10-9-2018; Amend. of 6-8-2021(2); Amend. of 6-8-2021(3); Amend. of 11-8-2022(2))

The provisions in this Ordinance were originally adopted and became effective on October 9, 2018.

(Ord. of 10-9-2018)