This chapter shall be known and may be cited as the "Zoning Ordinance for the City of Washington, North Carolina," and may be referred to as the zoning ordinance.

(Code 1993, § 27-1)

(a)

These regulations have been made in accordance with the comprehensive plan for the city and its extraterritorial area and are adopted to promote the systematic development of land within the city and within the extraterritorial areas of the city in an efficient, economic manner which will best promote the health, safety, and general welfare of the people, and for the following specific purposes:

(1)

To lessen congestion in the streets.

(2)

To secure safety from fire, panic, and other hazards.

(3)

To provide for adequate light and air.

(4)

To prevent the overcrowding of land.

(5)

To avoid undue concentration of population.

(6)

To facilitate the adequate provision of transportation, water, sewage, schools, parks, and other public requirements.

(7)

To promote desirable living conditions and the sustained stability of neighborhoods.

(8)

To conserve property values.

(9)

To encourage the most appropriate use of land throughout the city and extraterritorial jurisdiction.

(10)

To control and minimize the extent of floods by preventing obstructions which inhibit water flow and increase flood height and damage and to regulate the use of flood hazard areas to prevent or minimize the loss or damages to persons or property caused by water, mud, or waterborne debris.

(b)

The provisions of this chapter are adopted under the authority granted by the General Assembly of the State, particularly G.S. 160A-174 and G.S. ch. 160D et seq.

(Code 1993, § 27-2; Ord. No. 21-3, § 1(Att.), 6-14-2021)

(a)

In interpreting and applying these regulations, the requirements contained herein are the minimum requirements necessary to carry out the purpose of this chapter.

(b)

Except as provided herein, these regulations shall not be deemed to interfere with, abrogate, annual or otherwise affect in any manner whatsoever any easements, covenants, deed restrictions or other agreements between parties.

(c)

Whenever the requirements of these regulations impose greater restrictions upon the use of land or buildings or require a larger percentage of lot to be left unoccupied than other provisions of this Code or other ordinances, rules, regulations, permits, or any easements, covenants, deed restrictions, or other agreements between parties, the provisions of these regulations shall govern.

(Code 1993, § 27-3)

These regulations shall govern the use and the development thereon of all lands within the city and the extraterritorial area of the city as defined in this chapter and shown on the Official Zoning Map for the city. The map is available for public inspection in the office of the Department of Planning and Development. Additional regulations apply within the designated Washington Historic District. These additional regulations are set forth in this chapter, and in the Historic Preservation Commission Design Standards, copies of which are available in the offices of the Department of Planning and Development.

(Code 1993, § 27-4; Ord. No. 21-3, § 1(Att.), 6-14-2021)

(a)

The map which is on file in the office of the Department of Planning and Development and which is identified by the words "This is to certify that this is the Official Zoning Map of the City of Washington, North Carolina," the date of adoption and the signature of the Mayor, and which is attested by the City Clerk and the city seal, together with all notes officially entered thereon, is hereby adopted by reference as the Official Zoning Map of the city and the extraterritorial area within the zoning jurisdiction of the city, and it is hereby incorporated in and made a part of this section as though it were fully set out herein.

(b)

The current and prior Official Zoning Maps shall remain on file in paper or digital format in the office of the Department of Planning and Development and shall be available to the public for inspection and use during all regular business hours.

(c)

The Director of Planning and Development, or his designee, shall be responsible for the maintenance and revision of the Official Zoning Map. Upon notification by the City Council that a zoning change has been made, the Director of Planning and Development, or his designee, shall make the necessary changes on the Official Zoning Map within a reasonable time. Failure to make the changes in a timely manner shall not affect the validity of the zoning change.

(d)

In the event that the Official Zoning Map becomes damaged, destroyed, lost or difficult to interpret, the City Council may, by ordinance, adopt a new Official Zoning Map which shall be the same in every detail as the map it supersedes. The new map shall bear the signatures of the same officials as the original and shall bear the seal of the city 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 replaced)) and referred to in the zoning ordinance for the City of Washington, North Carolina." The date of adoption of the new Official Zoning Map shall be shown also.

(Code 1993, § 27-5; Ord. No. 21-3, § 1(Att.), 6-14-2021)

(a)

No land, building or structure shall be used, no building or structure shall be erected, and no existing building or structure shall be moved, added to, enlarged, or altered, except in conformity with these regulations or any other applicable regulations.

(b)

All of the provisions of this chapter are hereby made applicable to the erection, construction, and use of buildings by the State and its political subdivisions. No land owned by the State may be included within a conditional district without approval of the Council of State or its designate.

(Code 1993, § 27-6; Ord. No. 06-02, § 12, 2-13-2006; Ord. No. 21-3, § 1(Att.), 6-14-2021

State Law reference— Applicability of statutes to government-constructed buildings, G.S. 160D-913.

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 use upon any lot in a residential district, or on a lot with a permitted residential use, except as expressly provided in these regulations.

(Code 1993, § 27-7)

No lot shall be reduced or changed in size such that it creates a lot or lots that do not meet the requirements of these regulations, including, but not limited to, the total area; minimum frontage; front, side, or rear setbacks; lot area per dwelling unit; or other dimensions, areas, or open spaces. No lot shall be subdivided so as to produce an additional lot which is not in conformity with these or other applicable regulations, unless such lot is combined with other land to produce a conforming lot or unless said lot is deeded, dedicated, and accepted for public use.

(Code 1993, § 27-8; Ord. No. 21-3, § 1(Att.), 6-14-2021)

No yard shall be encroached upon or reduced in any manner, except in conformity with these regulations. No yard for any principal building shall be considered as a yard for any other principal building.

(Code 1993, § 27-9)

Unless a use of land is specifically allowed in a zoning district, either as a matter of right or as a special use, then such use shall be prohibited in the district.

(Code 1993, § 27-10)

(a)

This chapter in part carries forward by reenactment some of the provisions of the zoning ordinance of the city enacted in 1972, and it is not the intention to repeal but rather to reenact and continue in force, without interruption, such existing provisions, so all rights and liabilities that have accrued thereunder are preserved and may be enforced. All provisions of the zoning ordinance of the city enacted in 1972 which are not reenacted herein are hereby repealed.

(b)

All suits of law or on equity and all prosecutions resulting from the violation of any zoning ordinance heretofore in effect, which are now pending in any of the courts of the state or of the United States, shall not be abated or abandoned by reason of the adoption of this chapter but shall be prosecuted to their finality the same as if this chapter had not been adopted. Any and all violations of the existing zoning ordinance, prosecutions for which have not yet been instituted, may be hereafter filed and prosecuted. Nothing in this chapter shall be construed as to abandon, abate or dismiss any litigation or prosecution now pending or which may heretofore have been instituted or prosecuted.

(Code 1993, § 27-11)

(a)

Cities may adopt temporary moratoria on any city development approval required by law except for the purpose of developing and adopting new or amended plans or development regulations governing residential uses. The duration of any moratorium shall be reasonable in light of the specific conditions that warrant imposition of the moratorium and may not exceed the period of time necessary to correct, modify, or resolve such conditions. Except in cases of imminent and substantial threat to public health or safety, before adopting an ordinance imposing a development moratorium with a duration of sixty (60) days or any shorter period, the City Council shall hold a public hearing and shall publish a notice of the hearing in a newspaper having general circulation in the area not less than seven (7) days before the date set for the hearing. A development moratorium with a duration of sixty-one (61) days or longer, and any extension of a moratorium so the total duration is sixty-one (61) days or longer, is subject to the notice and hearing requirements of G.S. 160D-601. Absent an imminent threat to public health or safety, a development moratorium adopted pursuant to this section shall not apply to any project for which a valid building permit, issued pursuant to G.S. 160D-1110, is outstanding, to any project for which a special use permit application has been accepted, to development set forth in a site-specific or phased development plan approved pursuant to G.S. 160D-108, to development for which substantial expenditures have already been made in good-faith reliance on a prior valid administrative or quasi-judicial permit or approval, or to preliminary or final subdivision plats that have been accepted for review by the city prior to the call for public hearing to adopt the moratorium. Any preliminary subdivision plat accepted for review by the city prior to the call for public hearing, if subsequently approved, shall be allowed to proceed to final plat approval without being subject to the moratorium.

(b)

Any ordinance establishing a development moratorium must expressly include at the time of adoption each of the following:

(1)

A clear statement of the problems or conditions necessitating the moratorium and what courses of action, alternative to a moratorium, were considered by the city and why those alternative courses of action were not deemed adequate.

(2)

A clear statement of the development approvals subject to the moratorium and how a moratorium on those approvals will address the problems or conditions leading to imposition of the moratorium.

(3)

An express date for termination of the moratorium and a statement setting forth why that duration is reasonably necessary to address the problems or conditions leading to imposition of the moratorium.

(4)

A clear statement of the actions, and the schedule for those actions, proposed to be taken by the city during the duration of the moratorium to address the problems or conditions leading to imposition of the moratorium.

(c)

No moratorium may be subsequently renewed or extended for any additional period unless the city shall have taken all reasonable and feasible steps proposed to be taken by the city in its ordinance establishing the moratorium to address the problems or conditions leading to imposition of the moratorium and unless new facts and conditions warrant an extension. Any ordinance renewing or extending a development moratorium must expressly include, at the time of adoption, the findings set forth in subsection (b)(1) through (4) of this section, including what new facts or conditions warrant the extension.

(d)

Any person aggrieved by the imposition of a moratorium on development approvals required by law may apply to the appropriate division of the General Court of Justice for an order enjoining the enforcement of the moratorium, and the court shall have jurisdiction to issue that order. Actions brought pursuant to this section shall be set down for immediate hearing, and subsequent proceedings in those actions shall be accorded priority by the trial and appellate courts. In any such action, the city shall have the burden of showing compliance with the procedural requirements of this subsection.

(Ord. No. 06-02, § 15, 2-13-2006; Ord. No. 21-3, § 1(Att.), 6-14-2021)

A city may elect to combine any of the ordinances authorized by this chapter into a unified ordinance. Unless expressly provided otherwise, a city may apply any of the definitions and procedures authorized by law to any or all aspects of the unified ordinance and may employ any organizational structure, board, commission, or staffing arrangement authorized by law to any or all aspects of the ordinance.

(Ord. No. 06-02, § 16, 2-13-2006)

When the City of Washington proposes to exercise extraterritorial jurisdiction under this ordinance it shall notify the owners of all parcels of land proposed for addition to the area of extraterritorial jurisdiction, as shown on the county tax records. The notice shall be sent by first-class mail to the last addresses listed for affected property owners in the county tax records. The notice shall inform the landowner of the effect of the extension of extraterritorial jurisdiction, of the landowners right's right to participate in a legislative hearing prior to adoption of any ordinance extending the area of extraterritorial jurisdiction, as provided in G.S. 160D-601, and the right of all residents of the area to apply to the Board of County Commissioners to serve as a representative on the Planning Board and the Board of Adjustment, as provided in G.S. 160D-303. The notice shall be mailed at least thirty (30) days prior to the date of the hearing. The person or persons mailing the notices shall certify to City Council that the notices were sent by first-class mail, and the certificate shall be deemed conclusive in the absence of fraud.

(Ord. No. 21-3, § 1(Att.), 6-14-2021)

As a condition of adopting and applying zoning regulations in accordance with G.S. 160D-501, the city shall adopt and reasonably maintain a comprehensive plan or land-use plan that sets forth goals, policies, and programs intended to guide the present and future physical, social, and economic development of the jurisdiction. Plans shall be adopted by the City Council with the advice and consultation of the Planning Board. Adoption and amendment of a comprehensive plan is a legislative decision. Plans shall be advisory in nature. Plans shall be considered by the Planning Board and Governing Board when considering proposed amendments to zoning regulations as required by G.S. 160D-604 and G.S. 160D-605. If a plan is deemed amended by G.S. 160D-605 by virtue of adoption of a zoning amendment that is inconsistent with the plan, that amendment shall be noted in the plan.

(Ord. No. 21-3, § 1(Att.), 6-14-2021)