This ordinance shall be known and may be cited as the Town of Smithfield Unified Development Ordinance (UDO).

Zoning provisions enacted herein are under the authority of G.S. § 160D-701, 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. ch. 160D 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 (1) district may differ from those in other districts.

Subdivision provisions enacted herein are under the authority of G.S. § 160D-801 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 (1) 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 G.S. § 160D-103.

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.

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

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.

The provisions appearing in this UDO, so far as they are the same as those of ordinances adopted prior to the adoption of this ordinance, shall be considered as continuations thereof and not as new enactments.

The provisions in this ordinance were originally adopted and became effective on August 2, 2017.

This ordinance shall be effective throughout the Smithfield corporate limits and the town's extraterritorial jurisdiction (ETJ).

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.

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.

1.3.4.1. These regulations shall not apply to any land or structure for which, prior to the effective date hereof, there is a properly approved site-specific plan as required by the requirements previously adopted or previously approved vested rights in accordance with G.S. § 160D-108. Any preliminary or final subdivision plat approvals required for such approved or exempted site-specific plans shall be conducted in accordance with the requirements of the previous Zoning Ordinance or Subdivision Ordinance.

1.3.4.2. In accordance with G.S. § 160D-913, the Town of Smithfield UDO applies to state-owned lands only when a building is involved.

1.3.4.3. The following are not subject to the Subdivision Regulations of this Ordinance (Article 10, Part X):

• The combination or recombination of portions of previously subdivided and recorded lots where the total number of lots is not increased and the resultant lots are equal to or exceed the standards of the municipality as shown on its subdivision regulations.

• The division of land into parcels greater than ten (10) acres where no street right-of-way dedication is involved.

• The public acquisition by purchase of strips of land for the widening or opening of streets or for public transportation system corridors.

• The division of a tract in single ownership whose entire area is no greater than two (2) acres into not more than three (3) lots, where no street right-of-way dedication is involved and where the resultant lots are equal to or exceed the standards of the municipality, as shown in its subdivision regulations.

• The division of a tract into parcels in accordance with the terms of a probated will or in accordance with intestate succession under G.S. ch. 29. (Amended 10/3/2017)

No person shall commence or proceed with any development without first securing any required "development approval" as defined in G.S. § 160D-102. Staff shall give written notice of any decision, which notice shall be consistent with the notice provisions of G.S. § 160D-403.

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. Enforcement is through civil penalty, injunctive relief, permit revocation, action under G.S. § 160A-175, G.S. ch. 160D, art. 4 and as otherwise allowed by law.

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.

1.8.4.1. Notices of Violation. If the UDO Administrator determines work or activity has been undertaken in violation of a development regulation adopted pursuant to this ordinance or any State law delegated to the local government 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. The person providing the notice of violation shall certify to the local government that the notice was provided, and the certificate shall be deemed conclusive in the absence of fraud. A notice of violation may be appealed to the Board of Adjustment in accordance with Section 4.10 of this ordinance.

1.8.5.1. Stop Work Orders. Whenever any work or activity subject to regulation pursuant to this ordinance or any State law delegated to the local government 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. The person or persons delivering the stop work order shall certify to the town that the order was delivered and that certificate shall be deemed conclusive in the absence of fraud. A stop work order may be appealed accordance with Section 4.10 of this ordinance. 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.

1.8.5.2. 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 2.7). If the offender fails to pay this penalty within ten (10) days after being cited for a violation, the penalty may be recovered by the town in a civil action in the nature of debt.

1.8.5.3. This ordinance may also be enforced by any appropriate equitable action.

1.8.5.4. 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.

1.8.5.5. Any one (1), all, or a combination of the foregoing penalties and remedies may be used to enforce this ordinance.

1.8.5.6. The assessment of a civil penalty may be appealed to the Board of Adjustment.

1.8.6.1.In addition to initiation of enforcement actions under Section 1.8.5., development approvals may be revoked by notifying the permit holder in writing stating the reason for the revocation.

Any permit issued under this ordinance may be revoked by the town following 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 UDO requirement or any State law delegated to the local government 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 in accordance with Section 4.10. If an appeal is filed regarding a development regulation in accordance with Section 4.10, the provisions of G.S. § 160D-405(e) regarding stays shall be applicable.

1.8.6.2. 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.

1.8.7.1 Statutes of Limitation Table. Any enforcement action for a violation of a land use statute, ordinance, or permit must be taken within five (5) years from the earlier of the occurrence of the following:

1.8.7.1.1. The facts constituting the violation are known to the governing board, an agent, or employee of the town.

1.8.7.1.2. The violation can reasonably be determined from the public record of the town.

This standard does not limit the remedy of injunction for conditions that are actually injurious or dangerous to the public health or safety.

1.8.7.2. [Violation.] Any enforcement action for a violation of a land use statute, ordinance, or permit must be taken within seven (7) years from the earlier of the occurrence of the following:

1.8.7.2.1. The violation is apparent from a public right-of-way.

1.8.7.2.2. The violation is in plain view from a place to which the public is invited.

This standard does not limit the remedy of injunction for conditions that are actually injurious or dangerous to the public health or safety.