This chapter shall be known and may be cited as the "Selma Unified Development Ordinance."

(Ord. No. 2021-64-R, 7-13-21)

(a)

Unless otherwise stated herein, this chapter is adopted pursuant to G.S. Ch. 160D.

(b)

Whenever any provision of this chapter refers to or cites a section of the North Carolina General Statutes and that section is later amended or superseded, the chapter shall be deemed amended to refer to the amended section or the section that most nearly corresponds to the superseded section.

(Ord. No. 2021-64-R, 7-13-21)

The purpose of this chapter is to lessen congestion in the streets, to secure safety from fire, panic, and other dangers; to promote health and the general welfare; to provide adequate light and air to prevent the overcrowding of land; to avoid undue concentration of populations; and to facilitate the adequate provision of transportation, water, sewage facilities, schools, parks, open space, and other public requirements. This chapter has been made with reasonable consideration, among other things, as to the character of each zoning district and its peculiar suitability for particular uses and with a view to conserving the value of buildings and encouraging the most appropriate use of land throughout the community and the Town's planning and development regulation jurisdiction. It is also the intent of this chapter to provide an orderly process for division of land into lots or parcels for the purpose of sale and/or building development by property owners. It is also this article's intent to ensure the subdivided lots or parcels can be used safely to build on without danger to the health, safety, and general welfare of both the prospective or future owners in the town's jurisdiction and community, and that subdivisions are provided with and provide for adequate and efficient access and coordination of streets, water and/or sewage, parks, schools, playgrounds and other public requirements and facilities where appropriate.

(Ord. No. 2021-64-R, 7-13-21)

(a)

This chapter shall be effective throughout the town's planning and development regulation jurisdiction. The town's planning and development regulation jurisdiction comprises the area within the corporate boundaries of the town as well as the area within the ordinances adopted by the Town Council up to and including July 14, 2015, which ordinance is recorded in the Johnston County Registry at Ordinance Book 4737, Page 268. Such jurisdiction may be modified from time to time in accordance with G.S. §§ 160D-202 and 160D-204.

(b)

In addition to other locations required by law, a copy of a map showing the boundaries of the town's planning and development regulation jurisdiction shall be available for public inspection in the Planning and Economic Development Department.

(Ord. No. 2021-64-R, 7-13-21)

Except as otherwise provided herein, the provisions in this chapter were originally adopted and became effective on April 13, 2004. This chapter was amended as the Unified Development Ordinance on February 14, 2017.

(Ord. No. 2021-64-R, 7-13-21)

To the extent that the provisions of this chapter are the same in substance as the previously adopted provisions that they replace in the town's zoning, subdivision, appearance, stormwater, water supply watershed or flood control ordinances, they shall be considered as continuations thereof and not as new enactments unless otherwise specifically provided.

A situation that did not constitute a lawful, nonconforming situation under the previously adopted zoning ordinance does not achieve lawful nonconforming status under this chapter merely by the repeal of the zoning ordinance.

(Ord. No. 2021-64-R, 7-13-21)

It is the intention of the Town Council that this chapter implement the planning policies adopted by the Town Council for the town and its extraterritorial planning area, as reflected in the Future Land Use Plan and other planning documents. While the Town Council reaffirms its commitment that this chapter and any amendment to it be in conformity with adopted planning policies, the Town Council hereby expresses its intent that neither this chapter nor any amendment to it may be challenged on the basis of any alleged nonconformity with any planning document.

(Ord. No. 2021-64-R, 7-13-21)

(a)

Subject to Article VIII, "Nonconforming Situations," of this chapter, no person may use, occupy, or sell any land or buildings or authorize or permit the use, occupancy, or sale of land or buildings under his or her control except in accordance with all the applicable provisions of this chapter.

(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. 2021-64-R, 7-13-21)

(a)

Reasonable fees sufficient to cover the cost of administration, inspection, publication of notice and similar matters may be charged to applicants for certificates of zoning compliance, sign permits, special use permits, subdivision plat approval, zoning amendments, site plan review and approval, variances, and other administrative relief, and so on. The amount of the fees charged shall be as set forth in the town's budget or as established by resolution of the Town Council filed in the office of the Town Clerk.

(b)

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

(Ord. No. 2021-64-R, 7-13-21)

It is hereby declared to be the intention of the Town Council that the sections, paragraphs, sentences, clauses, and phrases of this chapter are severable, and if any such 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 unconstitutionally or invalidity shall not affect any of the remaining sections, paragraphs, sentences, clauses, or phrases of this chapter since the same would have been enacted without the incorporation into this chapter of such unconstitutional or invalid section, paragraph sentence clause or phrase.

(Ord. No. 2021-64-R, 7-13-21)

(a)

Unless otherwise specifically provided, the time within which an act is to be done shall be computed by excluding the first and including the last day. If the last day is a Saturday, Sunday, or legal holiday, the day shall be excluded. When the period of time prescribed is less than seven (7) days, intermediate Saturdays, Sundays, and holidays shall be excluded.

(b)

Unless otherwise specifically provided, whenever a person has the right or is required to do some act within a prescribed period after the service of a notice or other paper upon him and the notice or paper is served by mail, three (3) days shall be added to the prescribed period. This subsection shall apply to notices sent pursuant to Article XV, Code Enforcement, unless the grounds stated in Article XV for a shorter period apply.

(Ord. No. 2021-64-R, 7-13-21)

The existing zoning and subdivision ordinances contained within the Town of Selma Municipal Code, Chapter 17 are hereby repealed. The adoption of this chapter, however, shall not affect nor prevent any pending or future prosecution of, or action to abate, an existing violation of said violation.

(Ord. No. 2021-64-R, 7-13-21)

When provisions of this chapter impose higher standards that are required in any other statute or local ordinance or regulation, provisions of this chapter shall govern. When the provisions of any other statute or local ordinance or regulation impose higher standards that are required by provisions of this chapter, the provisions of that statute or local ordinance or regulation shall govern.

(Ord. No. 2021-64-R, 7-13-21)

(a)

As used in this chapter, words in the masculine gender include the feminine and neutral.

(b)

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

(c)

All calculations that result in a part or fraction of a whole number (except for density calculations) shall be rounded up to the next highest whole number.

(d)

Density.

(1)

Rounding. In calculating density, all calculations that result in a part or fraction of a whole number shall be rounded down to the next lowest whole number.

(2)

Dwelling unit equivalence for congregate care facilities and private dormitories: For the purpose of calculating density for congregate care facilities and private dormitories, two (2) bedrooms shall be equivalent to one (1) dwelling unit.

(e)

Illustrations or Figures. If any illustration or figure appears to conflict with the text of this chapter, the text shall govern.

(Ord. No. 2021-64-R, 7-13-21)