This Ordinance is officially titled as the "Unified Development Ordinance of the Town of Wendell, North Carolina," and shall be known as the "UDO."

The general purpose of this Ordinance shall be to facilitate a coordinated, balanced, sustainable, and harmonious development of the land within the corporate limits of the town and the town's extraterritorial jurisdiction. More specific goals of the UDO are: to ensure such development occurs in a manner that will best promote the health, safety, and general welfare of the people; to provide economy in the process of development; to make provisions for traffic circulation and connectivity; to provide services to ensure safety from fire, panic, and other hazards; to optimize natural resources such as light and air; to facilitate the provision of transportation, water, sewage, schools, parks, and other public requirements; to promote desirable living conditions and the sustained stability of neighborhoods; to protect property against blight and depreciation; and to conserve environmental resources.

In addition, this Ordinance seeks to implement the policy recommendations of the Town Plan of Wendell as adopted by the Wendell Board of Commissioners on April 23, 2007 as well any subsequent amendments to that plan. This document reflects the collective vision of the citizens of Wendell with respect to how they desire their town to look and grow, including:

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To preserve and protect the small town feel and historic character of the community;

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To protect and enhance the strengths of the downtown core:

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To increase downtown, in-town retail, dining, and residential options;

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To diversify and increase the per capita tax base;

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To promote Wendell's attractiveness to business and people of all walks of life;

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To provide for a range of housing opportunities;

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To increase community amenities, such as parks, schools, medical facilities, golf courses, and higher education opportunities;

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To ensure local and regional transportation interconnectivity and options while also maintaining and enhancing Wendell as a walkable community;

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To protect and preserve Wendell's natural resources and amenities;

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To ensure efficient provision of public services through strategic location of schools, utilities, and other public services.

Also, the UDO establishes procedures and standards for the development and subdivision of real property within the corporate limits and extraterritorial jurisdiction of the Town of Wendell, NC in order to:

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Promote orderly growth and development;

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Provide for suitable residential and nonresidential developments with adequate streets and utilities and appropriate building sites;

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Provide for distribution of population and traffic in a manner that shall avoid congestion and overcrowding;

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Provide for the coordination of streets within developments with existing or planned streets and with other public facilities;

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Provide for the dedication or reservation of rights-of-way or easements for streets and utility purposes;

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Provide for the dedication or reservation of adequate spaces for open space, public lands and buildings;

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Conserve and enhance environmental quality;

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Provide for the dedication or provision of facilities for adequate stormwater management drainage.

The zoning provisions in this UDO are enacted herein are under the authority of North Carolina General Statute ch. 160D, which extends to cities the authority to enact regulations which promote the health, safety, and the general welfare of the community. It further authorizes cities to regulate and restrict the erection, construction, reconstruction, alteration, repair or use of buildings, structures, or land. This section 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 use class or type of building throughout each district, but that the regulations in one district may differ from those in other districts.

The subdivision provisions in this UDO are enacted herein are under the authority of G.S. ch. 160D, Article 8 which provides for the coordination of streets within proposed subdivisions with existing or planned streets and with other public facilities; the dedication or reservation of recreation areas serving residents of the immediate neighborhood within the subdivision, or alternatively, for the provision of funds to be used to provide recreation opportunities serving residents of more than one neighborhood; and for the distribution of population and traffic in a manner that will avoid congestion and overcrowding.

(Ord. No. O-07-2021, § 2, 2-22-2021)

The provisions of the UDO shall apply within the corporate limits of the Town and within the extraterritorial jurisdiction established by ordinance, as provided under G.S. 160D-202, the jurisdiction being delineated on a map and approved by the Wake County Board of Commissioners. These regulations apply to the development and use of all land and structures within the corporate limits of the Town of Wendell, North Carolina, and within the extraterritorial jurisdiction exercised by ordinance and denoted on the Zoning Map as is on file at the Wendell Planning Department. This map and its boundaries shall be incorporated and made part of this Ordinance.

(Ord. No. O-07-2021, § 2, 2-22-2021)

A.

Conformance In General. From and after the adoption of the UDO, no real property lying within the jurisdiction of the UDO shall be subdivided except in conformance with all applicable provisions of the UDO. In addition, after the effective date of the UDO, no plat for subdivision of land within the jurisdiction of the UDO shall be certified for recording by the Administrator, and the Clerk of Superior Court shall not order the recording of a plat until it has been submitted and approved in accordance with the provisions of the UDO.

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

B.

Exemptions for Bona Fide Farms.

1.

As established by House Bill 168 (Session Law 2011-363) and described in G.S. 160D-903, property that is used for bona fide farm purposes within Wendell's Extra Territorial Jurisdiction (ETJ) shall be exempt from the provisions of this ordinance. For the purpose of applying exemptions to bona fide farms, "property" means a single tract of property or an identifiable portion of a single tract. In order to determine whether a property is being used for bona fide farm purposes, refer to G.S. 160D-903, or see the definition for "Bona Fide Farm" contained in Chapter 19. Property that ceases to be used for bona fide farm purposes shall become subject to exercise of the Town of Wendell's extraterritorial planning and development regulation jurisdiction. For purposes of complying with state or federal law, property that is exempt from the exercise of municipal extraterritorial planning and development regulation jurisdiction pursuant to this subsection shall be subject to the county's floodplain regulation or all floodplain regulation provisions of the county's unified development ordinance.

2.

As permitted under Senate Bill 263 (Session 2011), an accessory building of a "bona fide farm" as defined by G.S. 160D-102(3) within the Town of Wendell's zoning jurisdiction has the same exemption from the building code as it would have under county zoning as provided by G.S. 160D-903.

3.

A building or structure that is used for agritourism is a bona fide farm purpose if the building or structure is located on a property that (i) is owned by a person who holds a qualifying farm sales tax exemption certificate from the department of revenue pursuant to G.S. 105-164.13E(a) or (ii) is enrolled in the present-use value program pursuant to G.S. 105-277.3. A building or structure used for agritourism includes any building or structure used for public or private events, including, but not limited to, weddings, receptions, meetings, demonstrations of farm activities, meals, and other events that are taking place on the farm because of its farm or rural setting. Failure to maintain the requirements of this subsection for a period of three years after the date the building or structure was originally classified as a bona fide farm purpose pursuant to this subsection shall subject the building or structure to applicable zoning and development regulation ordinances in effect on the date the property no longer meets the requirements of this subsection.

(Ord. No. O-07-2021, § 2, 2-22-2021; Ord. No. O-21-2021, § 2, 5-24-2021)

A.

Continuation of Provisions. To the extent that the provisions of this chapter are the same as the previously adopted provisions that they replace in the Town of Wendell's Zoning Ordinance and Subdivision Regulations, they shall be considered as continuation thereof and not as new enactment unless otherwise specifically provided.

B.

Repeal of Existing Subdivision and Zoning Regulations. Upon adoption of the UDO, the town's existing development regulations shall be repealed. These regulations include the subdivision regulations entitled "Subdivision Regulations of the Code of Ordinances of the Town of Wendell, North Carolina" as adopted on September 9, 2002 and as subsequently amended and the zoning regulations entitled "Zoning Code of Ordinances of the Town of Wendell, North Carolina" as adopted on January 14, 1980 and as subsequently amended. The adoption of the UDO, however, shall not affect or prevent any pending or future prosecution of, or action to abate an existing violation of said regulations.

It is not intended that this Ordinance repeal, supersede, annul, impair, or interfere with any existing easements, private agreements, vested rights or building permits previously adopted or issued pursuant to law and currently effective.

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.

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

The map entitled Zoning Map of The Town of Wendell, North Carolina, as adopted by the Wendell Board of Commissioners and certified by the Town Clerk establishes the official zoning districts and overlay districts.

A.

The Town is divided into districts whose locations and boundaries are shown on the official zoning map for the town. The Official Zoning Map of the Unified Development Ordinance is hereby adopted by reference and declared to be a part of this Ordinance. It is attached and recorded in the minutes of the Town Board of Commissioners.

B.

The map shall be identified by the signature of the Mayor, attested by the Town Clerk, and bearing the official seal of the town under the following words: "This is to certify that this is the Official Zoning Map of the Unified Development Ordinance for the Town of Wendell, North Carolina." The date of adopting shall also be shown.

C.

Changes to Map.

1.

If, in accordance with the provisions of this chapter, changes are made in the zoning district boundaries or other matter shown on the map, such changes shall be made together with an entry on the map as follows: "On (date) by official action of the Town Board the following changes were made in the Official Zoning Map: (brief description of nature of change)." The entry shall be signed by the Mayor and attested by the Town Clerk. No amendment to this chapter that involves matter portrayed on the map shall become effective until after such change and entry have been made on the map. Changes to the map may be tracked by staff using Geographic Information Systems (GIS) software.

2.

The Town Board shall give official notice of the zoning change to the Zoning Administrator within 24 hours after passage of the change.

3.

Regardless of all copies of the map that may exist, the Official Zoning Map, which shall be located at Town Hall, shall be the final authority as to the current zoning status of land, water areas, and buildings in the town.

D.

In the event that the Official Zoning Map becomes damaged, destroyed, lost, or difficult to interpret, the Town Board 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 current Mayor and Town Clerk and shall bear 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 replaced)." The date of adoption of the new Official Zoning Map shall also be shown.

E.

The Administrator shall be responsible for the maintenance and revision of the Official Zoning Map. Upon notification by the Town Board that a zoning change has been made, the Administrator shall make the necessary changes on the Official Zoning Map within 24 hours of notification.

F.

Map Interpretation. The following rules shall apply in the interpretation of district boundaries and the location of centers shown on the zoning map:

1.

Unless otherwise specifically indicated, where district boundaries are indicated on the zoning map as approximately parallel to following the centerline of a street, highway, railroad right-of-way, utility easement, streambed, or riverbed, or such lines extended, then the lines shall be construed to be the district boundaries.

2.

Boundaries indicated, as approximately following platted lot lines, shall be construed as following the lot lines.

3.

Boundaries indicated, as approximately following the Town limits, shall be construed as following the Town limits.

4.

If a district boundary divides a lot, the requirement for the district in which the greater portion of the lot lies shall be extended to the balance of the lot, provided that such extension shall not include any part of the lot which lies more than 50 feet beyond the 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.

5.

Where any public street or alley is hereafter officially vacated or abandoned, the regulations applicable to parcels of abutting property shall apply to that portion of the street or alley thereto by virtue of the vacation or abandonment.

6.

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

All development plans shall be in conformance with all adopted plans (including comprehensive plans, transportation plans, small area plans, open space and greenway plans, or any other plan adopted by the Wendell Board of Commissioners).

A.

The Town Plan of Wendell. The Town Plan of Wendell was adopted by the Town of Wendell on April 23, 2007 and sets forth growth policies for the following 20 years.

B.

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

1.

Multi-Modal Circulation Network (pedestrian, bicycle, automobile, and public transit networks)

2.

Green Infrastructure Network (floodplains, wetlands, lakes, streams, parks, squares, and other public open spaces)

3.

Location of sites reserved for Civic & Institutional buildings and uses

4.

General Massing and Development Intensity Pattern

5.

Specific Design Guidelines (in addition to those contained in this Ordinance)

C.

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 by the Administrator provided the integrity of the proposed network and connections, location, or area shown in the plan are maintained.

A.

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

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, wherever the requirements of this chapter are in conflict with other requirements of lawfully adopted rules, regulations, ordinances, deed restrictions, or covenants, the most restrictive, or that imposing the highest standards, shall govern.

D.

When any requirement of this Ordinance results in a fraction of a unit, a fraction of one-half or more shall be considered a whole unit and a fraction of less than one-half shall be disregarded. When the determination of the number of dwelling units permitted on a lot results in a fraction of a dwelling unit, a fraction of one-half or more shall be considered a dwelling unit and a fraction of less than one-half shall be disregarded.

These regulations shall become effective on July 27, 2010. Upon adoption, these regulations shall supersede, repeal, and replace the Wendell Zoning Ordinance, as amended, adopted on January 14, 1980 and the Wendell Subdivision Ordinance, as amended, adopted on September 9, 2002.

Many provisions herein are a restatement of previous provisions of the Wendell Zoning Ordinance or the Wendell Subdivision Ordinance and are hereby continued without interruption. All other provisions of this Ordinance shall become effective July 27, 2010.

Any

violation of provisions existing on the effective date of this ordinance shall continue to be a violation under this ordinance and be subject to penalties and enforcement under Chapter 18, unless the use, development, construction or other activity complies with the provisions of this Ordinance.

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