This ordinance shall be known and may be cited as the Siler City Unified Development Ordinance (UDO).

1. This ordinance is adopted pursuant to Chapter 160D of the North Carolina General Statutes.
2. Whenever any provision of this ordinance refers to or cites a section of the North Carolina General Statutes and that section is later amended or superseded, the ordinance shall be deemed amended to refer to the amended section of the section that most nearly corresponds to the superseded section.
3. The Town may adopt zoning regulations:
   1. that regulate and restrict the height, number of stories, and size of buildings and other structures; the percentage of lots that may be occupied; the size of yards, courts, and other open spaces; the density of population; the location and use of buildings, structures, and land.
   2. that include floating homes, over estuarine waters and over lands covered by navigable waters owned by the State pursuant to G.S. 146-12.
   3. that provide density credits or severable development rights for dedicated rights-of-way pursuant to G.S. 136-66.10 or G.S. 136-66.11.
   4. that include requirements that street and utility rights-of-way be dedicated to the public, that provision be made of recreational space and facilities, and that performance guarantees be provided, all to the same extent and with the same limitations as provided for in G.S. 160D804.G.S. 160D-804 and G.S. 160D-804.1.

Amended January 21, 2021

1. This ordinance shall be effective throughout the town's planning jurisdiction.
   1. The town's planning jurisdiction comprises the area within the corporate boundaries of the town as well as the area within the ordinance adopted by the Town Board of Commissioners on August 10, 1990 entitled an "Ordinance Establishing Extraterritorial Jurisdiction," which ordinances are recorded in plat book 90, page 286 through page 289 of the Chatham County Register of Deeds.
   2. During regular session on September 16, 2002, the Siler City Board of Commissioners approved an ordinance extending the Town’s extraterritorial jurisdiction (the ETJ boundary line map is recorded in plat book 2002, page 494 of the Chatham County Register of Deeds).
   3. Such planning jurisdiction may be modified from time to time in accordance with G.S. 160D-202.
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.
3. All of the powers granted by Chapter 160D may be exercised by the Town within its corporate limits and within any extraterritorial area established pursuant to G.S. 160D-202. If the Town elects to adopt zoning or subdivision regulations, each must be applied to the Town’s entire planning and development regulation jurisdiction.
4. Split jurisdiction decisions shall be in accordance with G.S. 160D-203.
5. Pending jurisdiction change shall be in accordance with G.S. 160D-204.

Amended October 21, 2014, January 21, 2021

The provisions in this ordinance were originally adopted and became effective on August 1, 1993.

To the extent that the provisions of this ordinance are the same in substance as the previously adopted provisions that they replace in town'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 repeal of the zoning ordinance.

It is the intention of the town board that this ordinance implements the planning policies adopted by the town board for the town and its extraterritorial planning area, as reflected in the land development plan and other planning documents. While the Town Board reaffirms its commitment that this ordinance and any amendment to it be in conformity with adopted planning policies, the town board hereby expresses its intent that neither this ordinance nor any amendment to it may be challenged on the basis of any alleged nonconformity with any planning document.

1. Subject to Article VIII of this ordinance (Nonconforming Situations), 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 of the applicable provisions of this ordinance.
2. 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.
   

1. Reasonable fees sufficient to cover the cost of administration, inspection, publication of notice and similar matters may be charged to applicants for zoning permits, sign permits, conditional zoning, special-use permits, subdivision plat approval, zoning amendments, variances and other administrative relief. The amount of the fees charged shall be as set forth in the town's budget or as established by resolution of the town board filed in the office of the town clerk.
2. Fees established in accordance with §8(a) shall be paid upon submission of a signed application or notice of appeal.
3. The Town may appropriate for the support of the staff any funds that it deems necessary. It shall have power to fix reasonable fees for support, administration, and implementation of programs authorized by Chapter 160D and all such fees shall be used for no other purposes.

Amended January 21, 2021

It is hereby declared to be the intention of the town board that the sections, paragraphs, sentences, clauses, and phrases of this ordinance 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 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.

1. 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 days intermediate Saturdays, Sundays, and holidays shall be excluded.
2. 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 days shall be added to the prescribed period.
   

1. For the purpose of this ordinance, certain words shall be interpreted as follows:
   1. Words importing the masculine gender include the feminine and neuter.
   2. Words used in the singular number include the plural, and words used in the plural number include the singular, unless the natural construction of the wording indicates otherwise.
   3. Words in the present tense include the future tense.
   4. The word "person" is defined in §18.
   5. The word "structure" shall include the word "building"
   6. The word "lot" shall include the words, "plot," "parcel," or "tract."
   7. The word "shall" is always mandatory and not merely directory.
   8. The word "will" is always mandatory and not merely directory.

Amended September 15, 2014, January 21, 2021

1. The enactment of Chapter 160D does not require the re-adoption of any Town ordinance enacted pursuant to laws that were in effect before January 1, 2021 and are restated or revised herein. The provisions of Chapter 160D do not affect any act heretofore done, any liability incurred, any right accrued or vested, or any suit or prosecution begun or cause of action accrued as of January 1, 2021. The enactment of Chapter 160D does not amend the geographic area within which Town development regulations adopted prior to January 1, 2021, are effective.
2. G.S. 153A-3 and G.S. 160A-3 are applicable to Chapter 160D. Nothing in Chapter 160D repeals or amends a charter or local act in effect as of January 1, 2021 unless Chapter 160D or a subsequent enactment of the General Assembly clearly shows a legislative intent to repeal or supersede that charter or local act.
3. Whenever a reference is made in another section of the General Statutes or any local act, or any Town ordinance, resolution, or order, to a portion of Article 19 of Chapter 160A of the General Statutes or Article 18 of Chapter 153A of the General Statutes that is repealed or superseded by Chapter 160D, the reference is deemed amended to refer to that portion of Chapter 160D that most nearly corresponds to the repealed or superseded portion of Article 19 of Chapter 160A or Article 18 of Chapter 153A of the General Statutes.

Amended January 21, 2021

1. When regulations made under authority of Article 7 of Chapter 160D require a greater width or size of yards or courts, or require a lower height of a building or fewer number of stories, or require a greater percentage of a lot to be left unoccupied, or impose other higher standards than are required in any other statute or Town ordinance or regulation, the regulations made under authority of Article 7 of Chapter 160D govern.
2. When the provisions of any other statute or Town ordinance or regulation require a greater width or size of yards or courts, or require a lower height of a building or a fewer number of stories, or require a greater percentage of a lot to be left unoccupied, or impose other higher standards than are required by the regulations made under authority of Article 7 of Chapter 160D, the provisions of that statute or Town ordinance or regulation govern.
3. When adopting regulations under Article 7 of Chapter 160D, the Town may not use a definition of building, dwelling, dwelling unit, bedroom, or sleeping unit that is inconsistent with any definition of those terms in another statute or in a rule adopted by a State agency, including the State Building Code Council.

Amended January 21, 2021

Others. Except as provided by 160D-1405, the statutes of limitations are as provided in Subchapter II of Chapter 1 of the General Statutes.

Amended January 21, 2021