This Ordinance is officially titled as Unified Development Ordinance of Wrightsville Beach, North Carolina, and shall be known as the Unified Development Ordinance (UDO). The official map designating the various zoning districts shall be titled, Town of Wrightsville Beach Zoning Map, and shall be known as the Zoning Map.

(Ord. 1695, passed 11-8-12; Am. Ord. 1838, passed 3-10-22)

   The Legislature of the State of North Carolina has in Part 6, Article 21 of Chapter 143; Article 6 of Chapter 153A; Article 8 of Chapter 160A; and Article 7, 9, and 11 of Chapter 160D (Effective July 1, 2021) of the North Carolina General Statutes, delegated to local governmental units the authority to adopt regulations designed to promote the public health, safety, and general welfare.

   (A)   Zoning. Zoning provisions enacted herein are under the authority of North Carolina General Statutes N.C.G.S. § 160D-702, which extends to local jurisdictions, the authority to enact regulations which promote the health, safety, morals, or the general welfare of the community. It is further authorized under N.C.G.S. § 160D-703, which authorizes local jurisdictions 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 district may differ from those in other districts.

   (B)   Subdivision. Subdivision provisions enacted herein are under the authority of N.C.G.S. § 160D-801, which provide for the coordination of streets within proposed subdivisions with existing or planned streets 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 neighborhood in the immediate area, and for the distribution of population and traffic in a manner that will avoid congestion and overcrowding.

   (C)   Unified Development Ordinance. This UDO, which combines zoning and subdivision authority, is further enacted under N.C.G.S. § 160D-103.

   (D)   Comprehensive or Land Use Plan Required. In accordance with N.C.G.S. § 160D-501(a), as a condition of adopting and applying zoning regulations, Wrightsville Beach shall adopt and reasonably maintain a comprehensive or land use plan. Such plans may be completed in conjunction with land use plans required by the Coastal Area Management Act in N.C.G.S. § 113A-110. Further the adoptions and update of these plans shall be in accordance with the procedures required for a legislative decision, as outlined in Section 155.4.1.

(Ord. 1695, passed 11-8-12; Am. Ord. 1838, passed 3-10-22)

   This Unified Development Ordinance and Zoning Map are made in accordance with a comprehensive and land use plan and is designed to lessen congestion in the streets; to secure safety from fire, panic, and other dangers; to promote health and the general welfare; to provide adequate light and air; to prevent the overcrowding of land; to avoid undue concentration of population; to facilitate the adequate provision of transportation, water, sewerage, parks and other public requirements; to control development of flood prone areas and regulate stormwater runoff/discharge; to regulate signs; and to establish proceedings for the subdivision of land. The regulations have been made with reasonable consideration, among other things, as to the character of the jurisdiction and its peculiar suitability for particular uses, and with a view to conserving the value of buildings and encouraging the most appropriate use of land throughout the jurisdiction. Furthermore, the UDO will aim to:

   •   Continue utilization of the established mixed-use pattern of certain portions of the community;

   •   Acknowledge and protect a character that is unique to Wrightsville Beach;

   •   Protect existing housing and lodging opportunities;

   •   Protect the existing uses, densities, and intensities;

   •   Provide new investment and reinvestment opportunities;

   •   Ensure new development and redevelopment compliments and enhances community character; and

   •   Implement thoughtful controlled growth.

(Ord. 1695, passed 11-8-12; Am. Ord. 1838, passed 3-10-22)

   (A)   The regulations set forth in this Ordinance shall apply to all property within the town limits, extraterritorial jurisdiction (ETJ), and within the various zoning districts as designated on the official zoning map, as established in Article 155.6, Zoning Districts.

   (B)   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.

   (C)   If the town exercises extraterritorial jurisdiction it shall notify the owners of all parcels of land proposed for addition to the area of extraterritorial jurisdiction. The notice shall be sent by first-class mail at least 30 days prior to the date of the hearing. The notice shall inform the landowner of their right to participate in a legislative hearing prior to adoption of any ordinance extending the area of extraterritorial jurisdiction and of 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 N.C.G.S. § 160D-303.

   155.1.4.2 Exemptions.

   (A)   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 (Article 155.4, Section 155.4.2). 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.

   (B)   In accordance with N.C.G.S. § 160D-913, the Town of Wrightsville Beach UDO applies to state-owned lands only when a building is involved.

(Ord. 1695, passed 11-8-12)

   (C)   Property that is located in the extraterritorial planning and development regulation jurisdiction (ETJ) and that is used for bona fide farm purposes is exempt from the town's zoning regulation in accordance with N.C.G.S. § 160D-903.

(Ord. 1838, passed 3-10-22)

   It is not intended by this Ordinance to interfere with, abrogate, or annul any easements, covenants, or other agreements between parties. However, 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, or by easements, covenants, or agreements, the provisions of this Ordinance shall govern.

(Ord. 1695, passed 11-8-12; Am. Ord. 1838, passed 3-10-22)

   The enforcement and interpretation of the UDO shall not be affected by deed restrictions, covenants, or easements, other than those made as a condition of approval of a development application under the UDO or any predecessor ordinance.

(Ord. 1695, passed 11-8-12; Am. Ord. 1838, passed 3-10-22)

   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.

(Ord. 1695, passed 11-8-12; Am. Ord. 1838, passed 3-10-22)

   (A)   Permitted Uses. Uses not designated as permitted or special uses shall be prohibited.

   (B)   Building Restrictions. Every building hereafter erected or structurally altered shall be located on a lot.

   (C)   Minimum Requirements. The provisions of this Ordinance shall be held to be the minimum requirements for the promotion of the public safety, health, convenience, prosperity, or the general welfare.

   (A)   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 days, intermediate Saturdays, Sundays, and holidays shall be excluded.

   (B)   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 days shall be added to the prescribed period.

(Ord. 1695, passed 11-8-12; Am. Ord. 1838, passed 3-10-22)

   (A)   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, Wrightsville Beach, North Carolina," together with the date of the adoption of this Ordinance.

   (B)   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 Board of Aldermen, 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.

   (C)   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 155.1.12.

   (D)   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.

   (E)   In the event the official zoning map becomes damaged, destroyed, lost, or difficult to interpret, the Board of Aldermen 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, Wrightsville Beach, North Carolina."

   (F)   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 other previous versions and available records pertaining to its adoption or amendment.

(Ord. 1695, passed 11-8-12; Am. Ord. 1838, passed 3-10-22)

   Where uncertainty exists as to the boundaries of any district shown on the Official Zoning Map, the UDO Administrator shall employ the following rules of interpretation.

   (A)   Centerline. Where a boundary line lies within and follows a street or alley right-of-way or utility easement, the boundary shall be construed to be in the center of such street or alley right-of-way or utility easement. If the boundary between two separate zoning districts is abandoned or removed from dedication, the district boundaries shall be construed as following the centerline of the abandoned or vacated road bed or utility easement.

   (B)   Edge Line. Where a boundary line follows the edge of a street or alley right-of-way, a railroad right-of-way, or utility easement, the boundary shall be construed to be on the edge of such street or alley right-of-way, railroad right-of-way, or utility easement. If such a street or alley right-of-way, railroad right-of-way, or utility easement forming the boundary between two separate zoning districts is abandoned or removed from dedication, the district boundaries shall be construed as following the edge of the abandoned or vacated road bed or utility easement.

   (C)   Lot Line. Boundaries indicated as approximately following lot lines shall be construed as following such lot lines. In the event that a district boundary line divides a lot or tract, each part of the lot or tract so divided shall be used in conformity with the regulations established by this Ordinance for the district in which said part is located.

   (D)   Town Limits. Boundaries indicated as approximately following town limits shall be construed as following the town limits.

   (E)   Watercourses. Boundaries indicated as approximately following the centerlines of streams, estuarine shorelines, oceanfront shorelines, canals, lakes, or other bodies of water shall be construed to follow such centerlines.

   (F)   Extensions. Boundaries indicated as parallel to or extensions of street or alley rights- of-way, utility easements, lot lines, city limits, county lines, or extraterritorial boundaries shall be so construed.

   (G)   Scaling. In the case where a district boundary does not coincide with any boundary lines as above and no distances are described by specific ordinance; the boundary shall be determined by the use of the scale appearing on the map.

   (H)   Where the UDO Administrator determines that physical features existing on the ground or actual property lines or other man-made boundary lines used to depict zoning district boundaries, are at variance with those shown on the Official Zoning Map, the Board of Adjustment shall have the authority to interpret zoning district boundaries.

(Ord. 1695, passed 11-8-12; Am. Ord. 1838, passed 3-10-22)

   (A)   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.

   (B)   If the UDO Administrator rejects a proposal for a use that is not clearly disallowed in a particular district, then the UDO Administrator shall:

      (1)   Ensure that the citizen is provided with a copy of the interpretation in writing.

      (2)   Inform the citizen of the right to appeal the decision to the Board of Adjustment.

(Ord. 1695, passed 11-8-12; Am. Ord. 1838, passed 3-10-22)

   (A)   No building or other structure shall be erected, moved, added to, demolished, or structurally altered without building and zoning permits therefor issued by the Planning and Inspections Department. No building permit shall be issued by the Department except in conformity with the provisions of this Ordinance and the North Carolina State Building Code unless he or she receives a written order from the Board of Aldermen in the form of a variance as provided by this Ordinance.

   (B)   All applications for building permits shall be accompanied by plans in duplicate drawn to scale, showing the actual dimensions and shape of the lot to be built upon, the exact sizes and locations on the lot of buildings already existing (if any), and the location and dimensions of the proposed buildings or alteration. The application shall include other information as lawfully may be required by the UDO Administrator, including existing or proposed building or alteration; existing or proposed uses of the building and land; the number of families, housekeeping units or rental units the building is designed to accommodate; conditions existing on the lot; floodplain development permit; and any other matters as may be necessary to determine conformance with, and provide for the enforcement of this Ordinance.

   (C)   One copy of the plans shall be returned to the applicant by the UDO Administrator, after he shall have marked the copy either as approved or disapproved and attested to same by his signature on the copy. One copy of the plans, similarly marked, shall be retained by the UDO Administrator.

   (A)   No land shall be used or occupied and no building hereafter structurally altered, erected, or moved, shall be used, or its use changed until a certificate of zoning compliance shall have been issued by the UDO Administrator stating that the building or the proposed use thereof complies with the provisions of this Ordinance. For purposes of this Section 155.1.12.3, a "use change" shall include a change in ownership of the land or business operated upon the land. All applications for a certificate of zoning compliance shall be in accordance with Section 155.1.124 of the Town Code of Ordinances.

   (B)   A certificate of zoning compliance, either for the whole or a part of a building, shall be applied for coincident with the application for a building permit and shall be issued together with the building permit.

   (C)   A record of all preliminary and final certificates shall be kept on file in the office of the UDO Administrator.

   (D)   No preliminary certificate of zoning compliance shall be issued until the applicant has filed a written statement with the UDO Administrator describing the intended use of the property.

   (A)   Each application for a preliminary certificate of zoning compliance shall be accompanied by a plan in duplicate, drawn to scale, one copy of which shall be returned to the owner upon approval. The plan shall show the following:

      (1)   The shape and dimensions of the lot on which the proposed building or use is to be erected or conducted.

      (2)   The location of the lot with respect to adjacent rights-of-way.

      (3)   The shape, dimensions, and location of all buildings, existing and proposed, on the lot.

      (4)   The nature of the proposed use of the building or land, including the extent and location of the use on the lot.

      (5)   The location and dimensions of off-street parking and the means of ingress and egress to the space.

      (6)   Any other information which the UDO Administrator may deem necessary for consideration in enforcing the provisions of this Ordinance.

   (B)   Upon completion of all final inspections of work for which a building permit was issued and prior to the issuance of a certificate of compliance as required by N.C.G.S. § 160D-403(g), the UDO Administrator shall issue a final certificate of zoning compliance indicating that the completed repairs or construction comply with the provisions of this Ordinance. All new structures, substantially improved structures (as defined in Exhibit A), all structures that have been elevated and all structures which have been added to shall be required to provide verification of building height and setbacks before a final certificate of zoning compliance is issued. Such verification shall be in the form of a survey or other documentation acceptable to the UDO Administrator and prepared by a registered land surveyor. The height and elevation of the structure may be provided on the "Elevation Certificate" under "Comments".

   • Occupancy or use of a building, structure, or land for which a building permit is required

   • Change of use of any building or land.

   A certificate of occupancy, either for the whole or a part of a building, shall be applied for coincident with or subsequent to the application for a certificate of zoning compliance and shall be issued within ten business days after the erection or structural alteration of such building or part shall have been completed in conformity with the provisions of this Ordinance. Additionally, a certificate of occupancy shall be applied for and must be granted before any person occupies a building for which a change in use is proposed. A certificate of occupancy shall not be issued unless the proposed use of a building or land conforms to the applicable provisions of this Ordinance. If the certificate of occupancy is denied, the UDO Administrator shall state in writing the reasons for refusal and the applicant shall be notified of the refusal. A record of all certificates shall be kept on file in the office of the UDO Administrator for a period of five years and copies shall be furnished on request to any persons having a proprietary or tenancy interest in the building or land involved.

   A temporary certificate of occupancy may be issued for a portion or portions of a building which may safely be occupied prior to final completion and occupancy of the entire building or for other temporary uses.

   An as-built survey and elevation certificate for any project involving development, redevelopment, expansion, or renovation which results in an expansion of the existing structure footprint must be submitted to the UDO Administrator prior to the issuance of a certificate of occupancy. The as-built survey must be prepared by a registered land surveyor licensed in the State of North Carolina.

   (A)   Complaints Regarding Violations. 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.

   (B)   Inspections. Administrative staff may inspect work undertaken pursuant to a development approval to assure that the work is being done in accordance with applicable laws and of the terms of the approval. In accordance with N.C.G.S. § 160D-1113, as the work pursuant to a building permit progresses, local inspectors shall make as many inspections thereof as necessary to satisfy them that the work is being done according to any applicable laws and of the terms of the permit. In exercising these powers, staff and inspectors are authorized to enter any premises within the jurisdiction of Wrightsville Beach at all reasonable hours for the purposes of inspection or other enforcement action, upon presentation of proper credentials; provided, however, that the appropriate consent has been given for inspection of areas not open to the public or that an appropriate inspection warrant has been secured.

   (A)   If the UDO Administrator finds that any provision of this Ordinance or provision of a development approval is being violated, they must issue notice of violations in conformance with the statutory procedures outlined here and in accordance with N.C.G.S. § 160D-404.

      (1)   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, by personal delivery, electronic delivery, or first-class mail and may be provided to the occupant of the property or the person undertaking the work or activity. The notice may also be posted on the property.

      (2)   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.

   (B)   If the UDO Administrator sends a written notice, such notice shall indicate the nature of the violation and describe the action required to correct it. The notice shall also indicate what action the UDO Administrator intends to take if the violation is not corrected and advise the person responsible for such violation that the UDO Administrator's decision or order may be appealed to the Board of Adjustment in accordance with subsection 155.4.4.1. and N.C.G.S. § 160D-405.

   (C)   Any enforcement action undertaken by the UDO Administrator shall be in accordance with the provisions of subsection 155.1.12.9.

   (A)   A violation of any provision of this Ordinance is a misdemeanor or infraction as provided by N.C.G.S. § 14-4 and punishable upon conviction by a fine not exceeding $500.

   (B)   Except as otherwise provided herein and except as provided in Section 155.9.23, Tree Preservation, a violation of any provision of this Ordinance shall subject the offender to a civil penalty in the amount of $50 to be recovered by the town in a civil action and the nature of debt if the offender does not pay the penalty within ten days after being cited for a violation of the Ordinance.

   (B1)   A violation of any provision of this chapter prohibiting the use of private property as a public parking lot shall subject the offender to a civil penalty in the amount of $250 to be recovered by the town in a civil action in the nature of debt if the offender does not pay the penalty within ten days after being cited for a violation of the Ordinance.

   (C)   The provisions of this Ordinance may be enforced by an appropriate equitable remedy issuing from a court of competent jurisdiction.

   (D)   Each day's continuing violation of any provisions of this Ordinance shall be a separate and distinct offense.

   (E)   The provisions of this Ordinance may be enforced by any one, all, or a combination of the remedies authorized and prescribed by N.C.G.S. § 160A-175 and this section.

   (A)   Any permit or development approval issued under this Ordinance may be revoked by the permit-issuing authority of the local government (in accordance with the provisions of this subsection) for (1) any substantial departure from the approved application, plans, or specifications; (2) refusal or failure to comply with the requirements of this Ordinance or any other local development regulation, (3) false statements or misrepresentation made in securing the approval; or because (4) a development approval was mistakenly issued.

   (B)   Development approvals may be revoked by notifying the holder in writing stating the reason for the revocation. The local government shall follow 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.

   (C)   Appeals of the revocation of a development approval may be made to the Board of Adjustment as provided for in subsection 155.4.4.1. and pursuant to the requirements of N.C.G.S. § 160D-405.

   (D)   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.

   (A)   Every decision of the Board of Aldermen granting or denying a special use permit and every final decision of the Board of Adjustment shall be subject to review by the Superior Court of New Hanover County by proceedings in the nature of certiorari.

   (B)   The petition for the writ of certiorari must be filed with the New Hanover County Clerk of Court within 30 days after the later of the following occurrences:

      (1)   A written copy of the Board's decision has been filed in the Office of the Planning Department, and

      (2)   A written copy of the Board's decision has been delivered by personal service or certified mail, return receipt requested, to the applicant or appellant and every other aggrieved party who has filed a written request for such copy at the hearing of the case.

   (C)   A copy of the writ of certiorari shall be served upon the Town of Wrightsville Beach.

(Ord. 1695, passed 11-8-12; Am. Ord. 1747, passed 10-13-15; Am. Ord. 1813, passed 10-8-20; Am. Ord. 1838, passed 3-10-22)

   These regulations shall become effective on November 8, 2012. Upon such date, these regulations shall supersede, repeal, and replace: Chapters 151, 153, 154, and 155 of the Town Code of Ordinances. The statutory requirements of N.C.G.S. Ch. 160D, provided as amendments to this Ordinance, are effective as of March 10, 2022.

(Ord. 1695, passed 11-8-12; Am. Ord. 1838, passed 3-10-22)