This ordinance shall be known and may be cited as the Unified Development Ordinance for the Town of Tarboro. This ordinance may also be known and may be referred to as the "UDO."

The development regulations contained in this ordinance have been adopted pursuant to the authority conferred by the North Carolina General Statutes, hereafter referred to as NCGS. Specifically, principal authorization comes in the North Carolina General Statutes in Chapter 160A (Planning and Regulation of Development). The Unified Development Ordinance of the Town of Tarboro also uses powers granted in other sections of the North Carolina General Statutes relating to the particular types of development or particular development issues.

All provisions of this ordinance shall apply within the corporate limits of Town of Tarboro and within the extra-territorial jurisdiction, as identified on the Zoning Map of Town of Tarboro, except for that property in the extra-territorial jurisdiction which is used for bona fide farm purposes is exempt from the requirements of this ordinance, pursuant to NCGS 160A-360(k). The Zoning Map is on file with the Clerk of Town of Tarboro and with the Administrator of this ordinance. The map and its boundaries shall be incorporated and made part of this ordinance.

The regulations contained in this ordinance have been adopted in accordance with the adopted plans and policies of Town of Tarboro.

In accordance with NCGS 160A-382 and NCGS 160A-383 all development plans, subdivision master plans, and rezonings shall be in conformance with all adopted plans and policies (including comprehensive plans, transportation plans, small area plans, open space and greenway plans, or any other plans) adopted by the Town of Tarboro Town Council.

1.5.1 AMENDMENTS TO THE UDO AND ADOPTED PLANS AND POLICIES

A.

The Unified Development Ordinance of the Town of Tarboro also uses powers granted in other sections of the NCGS relating to particular types of development or particular development issues. Any amendments to or actions pursuant to this ordinance shall be consistent with all adopted Town of Tarboro plans and policies.

B.

The adopted plans and policies of the Town of Tarboro may be amended, and this UDO and the incorporated Zoning Map shall reflect those changes through appropriate amendments in accordance with the applicable process outlined in Chapter 15 of this ordinance.

1.5.2 ADOPTED SMALL AREA PLANS

All development plans shall be consistent with any adopted small area plans. Small area plans may contain any of the following elements:

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Multi-modal circulation network (pedestrian, bicycle, automobile, and public transit networks);

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Green infrastructure network (floodplains, wetlands, lakes, streams, parks, squares, and other public open spaces);

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Location of sites reserved for civic and institutional buildings and uses;

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General massing and development intensity pattern;

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Specific design guidelines (in addition to those contained in this ordinance).

1.5.3 VARIATIONS TO ADOPTED PLANS

Specific alignments, locations, or areas of public facilities noted in any adopted plan may be varied on a site by site basis as requested by the developer or the Administrator, provided the integrity of the proposed network and connections, locations, or area shown in the plan are maintained.

1.5.4 CONFLICTS WITH ADOPTED PLANS

In the event of a conflict or inconsistency between this ordinance and any adopted plans the requirements of this ordinance shall take precedence.

1.6.1 REQUIRED CONFORMANCE

No land or structure shall be used or occupied, and no structure or parts shall be constructed, altered, erected, or moved unless in conformity with all of the regulations herein specified for the zoning district in which it is located, subject to the provisions of Chapter 13 of this ordinance. Every building erected, moved, or structurally altered shall be located on a lot conforming to the requirements of the zoning district in which it is located.

1.6.2 CONFORMANCE TO SUBDIVISION STANDARDS AND REQUIRED IMPROVEMENTS UPON DEVELOPMENT

All existing lots of record, platted prior to the adoption of this ordinance and upon which no buildings have been erected, shall be grandfathered upon the date of adoption of this ordinance and shall not be subject to the new lot standards herein. However, buildings upon such lots shall be subject to standards in this ordinance including all related site improvements.

The following transitional provisions shall apply to various activities, actions and other matters pending or occurring as of the effective date of this ordinance.

1.7.1 VIOLATIONS CONTINUE

Any violation of any previous ordinance of the Town of Tarboro shall continue to be a violation under this ordinance and shall be subject to the penalties set forth at the time of the violation, unless the use, development, construction or other activity is clearly consistent with the terms of this ordinance.

1.7.2 COMPLETION OF CURRENT DEVELOPMENT PLANS UNDER PREVIOUS ORDINANCE

A.

Permit Issued: Any building or development for which a permit or plan approval was issued prior to the effective date of this ordinance or any amendment thereto, may be completed in conformance with the issued permit or plan approval and other applicable permits and conditions.

B.

Application Filed:

1.

Any type of land development application which has been officially filed with the appropriate the Town of Tarboro official prior to the effective date of this ordinance, or any amendment thereto, may continue to be processed under the land use rules and regulations in effect prior to the said date.

2.

The application approval process for such applications must be completed within one year of the filing date. Completion of the application approval process is considered to be the issuance of the appropriate Town of Tarboro permit, certificate, or other designation sought under the land use rules and regulations in effect prior to the effective date of this ordinance.

3.

If the application approval process is not completed within the specified time, then the application process may be completed only in strict compliance with the requirements of this ordinance.

4.

The specified time may be extended at the direction of the Administrator due to delays in approvals from agencies external to the Town of Tarboro.

1.8.1 CONFLICT RESOLUTION AND INTERNAL CONSISTENCY

A.

This ordinance is not intended to abrogate any other law, ordinance, or regulation. However, whenever the requirements of this ordinance are at variance with the requirements of any other lawfully adopted rules, regulations, or ordinances, the most restrictive or that imposing the higher standards shall govern.

B.

Except as hereinafter provided, these regulations shall not be deemed to interfere with, abrogate, annul, or otherwise affect in any manner whatsoever any easement, covenants, or other agreements between parties.

C.

In any event, whenever the requirements of this ordinance are in conflict with other requirements of laws of the United States or State of North Carolina, or with lawfully adopted Town of Tarboro rules, regulations, ordinance, or policies, or with development-imposed deed restrictions or covenants, the most restrictive, or that imposing the higher standards, shall govern.

D.

In the event of a conflict or inconsistency between the text of this ordinance and any caption, figure, illustration, or map contained herein, the text shall control.

E.

This ordinance is not intended to abrogate any easement, covenant, or other private agreement. However, where the regulations of this ordinance are more restrictive or impose higher standards or requirements than such easement, covenant, or other private agreement, then the requirements of this ordinance shall govern. Unless deed restrictions, covenants, or other contracts directly involve the Town of Tarboro as a part of interest, the Town of Tarboro shall have no administrative responsibility for enforcing such deed restrictions or covenants.

F.

Should the courts declare any section or provisions of this ordinance invalid, such decision shall not affect the validity of the ordinance as a whole or any part thereof, other than the part so declared to be invalid.

1.8.2 INTERPRETATION

In interpreting and applying these regulations, the requirements contained herein are declared to be the minimum necessary to carry out the purpose of these regulations and are adopted for the promotion of the public health, safety, and general welfare of the citizens of the Town of Tarboro.

All provisions of this ordinance shall become effective June 8, 2020.