The Town of Smithfield Building Code with appendices and the North Carolina State Building Code are incorporated herein by reference, and serve as the basis for Building Inspector authority to regulate building construction. This ordinance is not intended to conflict with or supersede the North Carolina State Building Code regulations.

Where uncertainty exists with respect to the boundaries of any district shown on the Zoning Map, the following rules shall apply:

It is the intention of the council that this ordinance implement the planning policies adopted by the council for the Town of Smithfield, as reflected in the Town of Smithfield land use plan and other planning documents. While the council reaffirms its commitment that this ordinance and any amendment to it be in conformity with adopted planning policies, the council 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.

To the extent that the provisions of this ordinance are the same in substance as the previously adopted provisions that they replace in the town's existing Unified Development Ordinance (UDO), 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 UDO does not achieve lawful nonconforming status under this ordinance merely by the repeal of the previous UDO.

The provisions contained herein shall not affect buildings, structures, and uses for which building and/or zoning permits were issued prior to the passage of this ordinance, provided that the permit is not revoked and the activities for which the outstanding permits were issued are begun within six (6) months of the date this ordinance is adopted. Outstanding zoning permits not used within six (6) months shall be null and void.

It is not intended by this ordinance to interfere with or annul any easements, covenants or other agreements between parties except in cases where such agreements require a use or location prohibited by this ordinance. Where this ordinance imposes a greater restriction on a building, use, or lot, the provisions of this ordinance shall govern.

No yard or lot existing at the time of passage of this ordinance shall be reduced in size or area below the minimum requirements set forth herein. Yards or lots created after the effective date of this ordinance shall meet at least these minimum requirements.

Every building hereafter erected, moved, or structurally altered, shall be located on a lot and in no case shall there be more than one (1) principal building and its customary accessory buildings on the lot except in the case of a designed complex of professional, residential, or commercial buildings with an approved site plan (see Sections 5.6 and 5.7) in an appropriate zoning district, i.e., school campus, apartments, condominiums, shopping center, and industrial park.

The minimum yards or other open spaces required by this ordinance for each and every building shall not be encroached upon or considered as meeting the yard and open space requirements of any other building.

The following uses are not controlled by height limitations of this ordinance: belfries, spires, cupolas, domes, monuments, observation towers, chimneys, smokestacks, water towers, conveyors, flag poles, television and radio masts, aerials, towers, and similar structures.

All measurements for the purpose of the separation of uses shall be from the closest points of property line to property line for the parcels on which the uses are located.

Any property dedicated for private ownership, including, but not limited to, property owners' association ownership, for any use permitted by this ordinance is not the maintenance responsibility of the Town of Smithfield.

Every building or structure hereafter erected shall be located on a lot and the lot shall abut a public street or have access to an approved private street, or the lot shall abut a common area properly restricted through deed restrictions and/or property owners' association at least partly owned by the owner of the building, structure, or portion thereof.

The land adjoining town-maintained street intersections or egress to a town-maintained street from off-street parking areas shall be kept clear of obstructions to protect the visibility and safety of motorists and pedestrians in accordance with the Smithfield Standard Detail and Specifications Manual and NCDOT sight distance triangle requirements. Parcels in the B-1 district are exempt from this section, unless otherwise required by NCDOT standards.

(Ord. No. ZA-23-06, pt. 1, 11-12-24)

All new O/I (Office/Institutional), B-1 (CBD), B-2 (General Business), and B-3 (Highway Entranceway Business) district construction permitted following the adoption of this Ordinance shall be required to construct five (5) foot sidewalk(s) or eight (8) foot wide trail in accordance with the Town's Pedestrian Plan, on or adjacent to the street right-of-way. If the required sidewalk/trail is to be constructed adjacent to a thoroughfare right-of-way, it shall be constructed within an unobstructed easement of at least ten (10) feet in width. The sidewalk(s)/trails(s) shall comply with the Town of Smithfield Standard Detail and Specifications Manual.

(Ord. No. ZA-23-06, pt. 1, 11-12-24)

Construction of curb cuts for purposes of ingress and egress to property abutting a town public right-of-way shall be approved by the UDO Administrator. The North Carolina Department of Transportation is the approval authority where said curbs affect access to State Highways. Provision for all access work done on state highway right-of-way is subject to approval by the NCDOT.

(Ord. No. ZA-23-06, pt. 1, 11-12-24)

This ordinance shall not regulate either:

No permanent manufactured home, permanent manufactured office, or permanent trailer shall be used in any manner for business or commercial purposes. The difference between manufactured offices and modular offices will be defined by the State Building Code.

All effluents and emissions into the air or surface or ground waters from new development permitted by this ordinance must be in conformity with applicable federal, state, county, or town health and environmental quality regulations.

Non-domestic animals (i.e., pigs, ducks, cows, chickens) cannot be kept on any residentially zoned lot containing twenty thousand (20,000) square feet or less, unless the lot is registered as a bona fide farm.

In the event that any question arises concerning the application of regulations, performance standards, definitions, development criteria, or any other provision of the UDO, the UDO Administrator shall be responsible for interpretation and shall look to the ordinance for guidance. Responsibility for interpretation by the UDO Administrator shall be limited to standards, regulations and requirements of the UDO, but shall not be construed to include interpretation of any technical codes adopted by reference in the UDO, and shall not be construed as overriding the responsibilities given to any commission, board, building inspector, or town officials named in other sections or articles of the UDO. Interpretations of the UDO may be appealed to the Board of Adjustment.

If a use is not specifically listed in any of the districts listed in this ordinance, then the UDO Administrator shall have the authority to interpret in which district the use, if any, should be permitted. If the UDO Administrator rejects a proposal for a use that is not clearly disallowed in a particular district, then the UDO Administrator shall:

2.2.2.1 Ensure that the citizen is provided with a copy of the interpretation in writing.

2.2.2.2. Inform the citizen of the right to appeal the decision to the Board of Adjustment.

2.2.2.3. Assist with the development of a proposed zoning text change for consideration by the Planning Board and Town Council allowing policy-makers to determine whether the proposed use should be an allowable use in the district or not. Financial responsibility for a proposed zoning text change shall be on the applicant.

The Zoning Map shall be identified by the signature of the Mayor attested by the Town Clerk and bearing the seal of the town under the following words: This is to certify that this is the Official Zoning Map of the Unified Development Ordinance, Smithfield, North Carolina, together with the date of the adoption of this ordinance and most recent revision date. Interpretations of the UDO may be appealed to the Board of Adjustment.

If, in accordance with the provisions of this ordinance, changes are made in district boundaries or other items portrayed on the Zoning Map, such changes shall be entered on the official zoning map promptly after the amendment has been approved by the Town Council, with an entry on the official zoning map denoting the date of amendment, description of amendment, and signed by the Town Clerk. No amendment to this ordinance which involves matter portrayed on the official zoning map shall become effective until after such change and entry has been made on said map.

No changes of any nature shall be made in the official zoning map or matter shown thereon except in conformity with the procedures set forth in this ordinance and state law. Any unauthorized change of whatever kind by any person shall be considered a violation of this ordinance and punishable as provided under Section 1.8.

Regardless of the existence of purported copies of the official zoning map which may from time to time be made or published, the official zoning map, which shall be located in the office of the Town Clerk, shall be the final authority as to the zoning status of land and water areas, buildings, and other structures in the town.

In the event the official zoning map becomes damaged, destroyed, lost, or difficult to interpret, the Town Council may by resolution adopt a new official zoning map which shall supersede the prior zoning map. The new official zoning map may correct drafting errors or other errors or omissions in the prior official zoning map, but no correction shall have the effect of amending the original official zoning map, or any subsequent amendment thereof. The new official zoning map shall be identified by the signature of the Mayor attested by the Town Clerk, and bearing the seal of the town under the following words: This is to certify that this Official Zoning Map supersedes and replaces the Official Zoning Map adopted (date of adoption of map being replaced), as part of the Unified Development Ordinance, Smithfield, North Carolina.

Unless the prior official zoning map has been lost, or has been totally destroyed, the prior map or any significant parts thereof remaining, shall be preserved together with all available records pertaining to its adoption or amendment.

Where district boundaries are indicated as approximately following street lines, alley lines, and lot lines, such lines shall be construed to be such boundaries. Where streets, highways, railroads, water courses, and similar areas with width are indicated as the district boundary, the actual district boundary line shall be the centerline of such area.

In unsubdivided property or where a zone boundary divides a lot, the location of such boundary, unless the same is indicated by dimensions shall be determined by use of the scale appearing on the map.

Where any street or alley is hereafter officially vacated or abandoned, the zoning regulations applicable to each parcel of abutting property shall apply to the centerline of such abandoned street or alley.

If a district boundary divides a parcel, the requirement for the district in which the greater portion of the parcel lies shall be extended to the remainder of the parcel, provided that such extension shall not include any part of such parcel which lies more than one hundred and fifty (150) feet beyond the existing district boundary, and further provided that the remaining parcel shall not be less than the minimum required for the district in which it is located.

Interpretations of the location of floodway and floodplain boundary lines shall be made by the Administrator.

In case any further uncertainty exists, the Board of Adjustment shall interpret the intent of the map as to location of such boundaries.

Reasonable fees sufficient to cover the costs of administration, inspection, publication of notice, and similar matters may be charged to applicants for zoning permits, sign permits, special use permits, major and minor subdivision plat approval, zoning amendments, variances, appeals, and other administrative relief, and site plan review. The amount of the fees charged shall be set forth in the town's budget or as established by resolution of the council files in the Office of the Town Clerk.

Fees established in accordance with subsection 2.7.1, above, shall be paid upon submission of a signed application or notice of appeal.

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, that day shall be excluded. When the period of time prescribed is less than seven (7) days, intermediate Saturdays, Sundays, and holidays shall be excluded.

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 and the notice or paper is served by mail (Certified Mail/Return Receipt Requested), three (3) days shall be added to the prescribed period.

Subject to Article 9 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 control except in accordance with all of the applicable provisions of this ordinance.

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.

Forestry activity on forestland that is taxed on the basis of its present-use valued as forestland under G.S. ch. 105, art. 12; or

Forestry activity that is conducted in accordance with G.S. ch. 89B.

Regulations set forth by this ordinance shall be minimum regulations. If the requirements set forth in this ordinance are at variance with the requirements of any other lawfully adopted uses, regulations, or ordinances, the more restrictive or higher standard shall govern.

Unless restrictions established by covenants with the land are prohibited by or contrary to the provisions of this ordinance, nothing herein contained shall be construed to render such covenants inoperative.