The official title of this document is the Unified Development Ordinance of the Town of Pilot Mountain, North Carolina, and may be referred to as the “UDO” or “the Ordinance”.

The UDO was adopted on October 8, 2018 and became effective on October 8, 2018.

1. General. The UDO applies to all land, buildings, structures and uses located within the corporate limits and extraterritorial jurisdiction of the Town of Pilot Mountain, North Carolina.
2. Applicability to Governmental Entities. To the extent allowed by law, the provisions of the UDO apply to all land, buildings, structures and uses owned, leased or otherwise controlled by any other municipal, district, county, state, federal or other governmental agencies within the territorial jurisdiction of this Ordinance.

The Land Use Plan serves as the basic policy guide for land use and development under the UDO. The policies and action items of the Land Use Plan may be amended from time to time to meet the changing requirements of the Town in response to changes in circumstance and conditions as deemed necessary by the Board of Commissioners.

The requirements of this Ordinance shall be considered the minimum requirements necessary for the promotion of the public health, safety and general welfare.

1. Conflicts with Other Laws. If any provisions of this Ordinance are inconsistent with similar provisions of State or Federal law, the more restrictive provision shall control, to the extent permitted by law.
2. Conflicts between Ordinance Provisions. Conflicts and duplications among portions of this Ordinance shall be resolved in favor of the more restrictive regulation, condition or requirement.

1. Literal Interpretation. The language of this Ordinance must be read and interpreted literally. Regulations contained within this Ordinance are no more or less strict than stated.
2. Rules of Language and Construction. 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.
3. Meaning of Words. Words listed in Appendix A, Definitions, have the specific meaning assigned, unless the context expressly indicates another meaning. Words that are not defined are given their common meaning.
4. Tense. Words used in the present tense include the future tense. The reverse shall also apply.
5. Singular and Plural. Words used in the singular include the plural. The reverse shall also apply.
6. 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.
7. Gender. Words used in the male gender include the female gender. The reverse shall also apply.
8. Days. Any reference to “days” means calendar days unless otherwise specified.
9. Reference. Any reference to an Article, Section or Subsection means an Article, Section or Subsection of this Ordinance, unless otherwise specified.
10. Figures and Illustrations. In case of any conflict, or perception of conflict, between the text of the Ordinance and any figure or illustration contained herein, the text of the Ordinance shall govern.
11. Current Versions and Citations. All references to other Town, County, State or Federal ordinances, laws or 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.
12. 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 are not to be construed as exhaustive lists of all possibilities.
13. Delegation of Authority. Whenever a provision appears requiring a specific officer or employee of the Town to perform an act or duty, that provision will be construed as authorizing the officer or employee to delegate that responsibility to others over whom he has authority. Delegation of authority is not allowed when the provisions of this Ordinance or other laws or regulations expressly prohibit such delegation.
14. Calculations and Rounding. Unless otherwise specified within this Ordinance, all calculations that result in a part or fraction of a whole number must be rounded up to the next highest whole number.

1. Establishment. The location and boundaries of zoning districts established by this Ordinance are shown and maintained as part of the Town’s Geographic Information System (GIS) under the direction and supervision of the Ordinance Administrator. The current version of the Zoning District GIS layer constitutes the Town of Pilot Mountain’s Official Zoning Map and is part of this Ordinance. All notations, references and other information shown shall have the same force and effect as if fully set forth or described in the UDO.
2. Maintenance and Alteration. At the direction of the Board of Commissioners, as evidenced by the adoption of an ordinance amending the Official Zoning Map, the Ordinance Administrator is authorized to revise the Official Zoning Map. No unauthorized person may alter or modify the Official Zoning Map.
3. Versions. A hard copy of the current version of the Official Zoning Map shall be filed with Town Clerk following the adoption of an ordinance amending the map. The Ordinance Administrator shall certify each successive version of the Official Zoning Map by his signature.
4. Administrative Changes. The Ordinance Administrator is authorized to make administrative alterations of the Official Zoning Map in those cases where the base data used to determine the location and extent of a zoning district is updated and such update results in discrepancies between the base data and the Official Zoning Map. In making such alterations, the Ordinance Administrator shall follow the rules of Interpretation of District Boundaries as established in this Article.
5. Interpretation of District Boundaries. In the event that any uncertainty exists with respect to the intended boundaries as shown on Official Zoning Map, the Ordinance Administrator is authorized to interpret the boundaries in accordance with the standards of this Section:
   1. Where a boundary line is shown as coinciding with, binding along or superimposed upon a property line, such property line shall be deemed a boundary line.
   2. Where a boundary line is shown as coinciding with, binding along or superimposed upon a street, alley, watercourse or right-of-way, the boundary line is deemed to be in the center of the street, alley, watercourse or right-of-way except in such case where the edge of the street, alley, waterway or right-of-way is specifically designated as the boundary line.

1. Compliance Required. Compliance with all of the procedures, standards and requirements of this Ordinance is required by all persons owning, developing, managing, using or occupying land or structures within the jurisdiction of the Ordinance.
2. Violations. Any failure to comply with a standard, requirement, prohibition, or limitation imposed by this Ordinance, or the terms or conditions of any permit or other development approval or authorization granted in accordance with this Ordinance shall constitute a violation of this Ordinance.
3. Responsibility for Enforcement. The Ordinance Administrator shall be responsible for enforcing the provisions of this Ordinance in accordance with the authority granted by NCGS 160D-404.
4. Remedies and Penalties. The Town may enforce this Ordinance by the following:
   1. Stop Work Order. Whenever a building or structure is being constructed, demolished, renovated, altered or repaired in violation of any applicable provision of this Ordinance, the Ordinance Administrator may order the revocation of the Zoning Permit for such work (if one was issued) and request a Stop Work Order be issued by the Surry County Building Inspections Department. The stop work order shall be in writing, directed to the person doing the work and shall state the specific work to be stopped, the specific reasons for cessation and the action(s) necessary to lawfully resume work.
   2. Revocation of Zoning Permit. The Ordinance Administrator may revoke any Zoning Permit, by written notification to the permit holder, when violations of this Ordinance have occurred. Permits may be revoked when false statements or misrepresentations were made in securing the permit, work is being done, or has been done, in substantial departure from the approved application or plan, there has been a failure to comply with the requirements of this Ordinance or a permit has been mistakenly issued in violation of this Ordinance.
   3. Withholding of Permits. The Ordinance Administrator shall withhold permits for the use or development of land that is subject to an unresolved violation.
   4. Civil Penalties. Any person who violates any provision of this Ordinance shall be subject to the assessment of a civil penalty under the procedures provided in Section 1-14 of the Town of Pilot Mountain Code of Ordinances.

1. Effect on Valid Building Permits and Vested Rights. Unless the property owner consents, this Ordinance shall not apply to situations where:
   1. A Building Permit has been issued pursuant to NCGS 160D-403 prior to (October 8, 2018) so long as the permit remains valid and unexpired pursuant to NCGS 160D-403(c) and unrevoked pursuant to NCGS 160D-403(f);
   2. A Vested Right has been established pursuant to NCGS 160D-108 and such right remains valid and unexpired pursuant to NCGS 160D-108; or
   3. A Vested Right has been established pursuant to common law.
2. Other Approvals Granted Prior to the Effective Date. Permits and similar approvals for the use or development of land or structures that were granted prior to the effective date of this Ordinance shall remain valid and in effect until their expiration. If such use or development activity as allowed by the permit or approval does not commence prior to the expiration of the permit or approval, all of the provisions of this Ordinance shall apply to any subsequent land use or development activity on the property.
3. Applications in Process Prior to Effective Date. Applications for zoning permits, variances, Special Use Permits, subdivision plats, site plan approvals and similar development approvals that were submitted in complete form and are pending approval on (October 7, 2018) shall be reviewed wholly under the terms of the Ordinance in effect on (October 7, 2018).
4. Violations Continue. The adoption of this Ordinance does not affect or prevent any pending or future action to abate violations of previous Ordinances.

It is expressly declared that each Section, Subsection, Sentence and Phrase contained in this Ordinance would have been adopted regardless of whether one or more other portions of the Ordinance are declared invalid or unconstitutional. If one or more provisions of this Ordinance are declared to be invalid, the remainder of the Ordinance shall remain intact and in force.