This Ordinance shall be known as the "Development Ordinance of the Town of Yadkinville, North Carolina," and may be referred to as "Yadkinville Development Ordinance". The associated zoning map is identified by the title "Official Zoning Map, Yadkinville, North Carolina," and may be known as the "Zoning Map."

The Town of Yadkinville adopts this Development Ordinance for the purpose of:

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Promoting the public health, safety, morals and general welfare;

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Promoting the orderly development of the community;

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Lessening congestion in the roads and streets;

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Securing safety from fire, panic, and other dangers;

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Providing adequate light and air, preventing the overcrowding of the land;

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Avoiding undue concentration of population; and

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Facilitating the adequate provision of transportation, public utilities, schools, parks and other public facilities and requirements, all in accordance with adopted plans and policies.

A.

This Ordinance is adopted pursuant to the authority granted by North Carolina General Statutes (NC GS) 160D, Article 6.

B.

In accordance with the requirements of NC GS 160D-703 that zoning regulation be by districts, the Town, as shown on the Zoning Map accompanying this Ordinance, is hereby divided into districts which shall be governed by all of the uniform use and dimensional requirements of this Ordinance.

C.

Zoning divides the Town's territorial jurisdiction into districts, or zones, of any number, shape and area that may be deemed best suited to carry out the purposes of NC GS 160D-703. Within those districts, the municipality may regulate and restrict the erection, construction, reconstruction, alteration, repair, or use of buildings, structures, or land. All regulations must be uniform for each class or kind of building throughout each district, but the regulations in one (1) district may differ from those in other districts.

D.

Further, the regulations are to be made with reasonable consideration, among other things, to the character of the district and its unique suitability for particular uses, and with a view to conserving the value of buildings and encouraging the most appropriate use of land throughout the Town's jurisdiction.

(ZTA Ord. No. 2021-03, § 2, 5-3-21)

1.4.1 Adoption by reference. The Zoning Map and all the notations, references and all amendments thereto, and other information shown thereon are hereby made a part of this Ordinance, the same as if such information set forth on the map were all fully described and set out herein. The Official Zoning Map properly attested is on file in the Town Hall and is available for inspection by the public.

1.4.2 Zoning map maintenance. The Official Zoning Map shall be retained in the office of the Administrator. The Administrator or designee shall be responsible for the maintenance and revision of the Official Zoning Map. Upon notification by the Town Board of Commissioners that a zoning change has been made, the Administrator shall make the necessary changes on the Official Zoning Map.

1.4.3 Interpretation. Where uncertainty exists as to the boundaries of any district shown on the Official Zoning Map, the Administrator shall employ the following rules of interpretation. Where the 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 different than those shown on the Official Zoning Map, the Board of Adjustment shall have the authority to interpret Zoning district boundaries.

1.4.3.1 Centerline. Where a boundary line lies within and follows a street or alley right-of-way, railroad right-of-way, or utility easement, the boundary shall be construed to be in the center of such street or alley right-of-right, railroad right-of-way, or utility easement forming the boundary between two (2) separate zoning districts. If such right-of-way is abandoned or removed from dedication, the district boundaries shall be construed as following the centerline of the abandoned or vacated street or utility easement.

1.4.3.2 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 (2) separate zoning districts is abandoned or removed from dedication, the district boundaries shall be construed as following the edge of the abandoned or vacated street or utility easement.

1.4.3.3 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.

1.4.3.4 Jurisdictional boundaries. Boundaries indicated as approximately following Town limits or extraterritorial boundary lines shall be construed as following the Town limits or extraterritorial boundary lines.

Pursuant to NC GS 160D-202(d), if the Town proposes to extend its extraterritorial jurisdiction, mailed first-class notice per county tax records must be provided to landowners at least 30 days prior to the date of public hearing and initial zoning amendment. The notice shall inform the landowners of the effect of the extension of extraterritorial jurisdiction, of the landowner's right to participate in a legislative hearing prior to adoption of any ordinance extending the area of extraterritorial jurisdiction, as provided in NC GS 160D-601. The person or persons mailing the notices shall certify to the Town Board of Commissioners that the notices were sent by first-class mail, and the certificate shall be deemed conclusive in the absence of fraud.

1.4.3.5 Watercourses. Boundaries indicated as approximately following the centerlines of streams, rivers, canals, lakes, or other bodies of water shall be construed to follow such center lines.

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

1.4.3.7 Scaling. In a 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.

(ZTA Ord. No. 2021-03, § 3, 5-3-21)

1.5.1 Jurisdiction. For the purpose of this Ordinance, the zoning jurisdiction of the Town shall include the land within the corporate limits of the Town and Pursuant to NC GS 160D-2, the Town may also exercise the powers granted to cities under NC GS 160D within the extraterritorial jurisdiction (ETJ).

1.5.2 Ordinance applicability and exemptions. No building, structure, or land shall be used, occupied, or altered; nor shall any building, structure, or part thereof be erected, constructed, reconstructed, moved, enlarged, or structurally altered; nor shall any change of use be established for any building, structure, or land, unless in conformity with the general provisions of this Ordinance and the specific provisions for the district in which it is located, except as otherwise provided below and as specified throughout this Ordinance:

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. Any preliminary or final development plat approvals required for such approved and exempted site specific plans shall be conducted in accordance with the requirements of the Zoning Ordinance or Subdivision Ordinance under which they were approved.

B.

In accordance with NC GS 160D-903, bona fide farms located within the ETJ, as defined by this Ordinance and NC GS 160D-903, are exempt from the zoning regulations of this Ordinance. Swine farms are not permitted within the jurisdiction of these regulations. Activities incidental to the farm include existing or new residences constructed to the applicable residential building code situated on the farm occupied by the owner, lessee, or operator of the farm and other buildings or structure sheltering or supporting the farm use and operation. 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 and meets the criteria set forth in NC GS 160D-903. However, NC GS 160D-903 does not limit zoning regulation with respect to the use of farm property for nonfarm purposes.

C.

Properties with an existing Conditional Zoning District shall retain their existing zoning with all conditions as approved unless the property owner requests a map amendment to one of the zoning designations as set forth in this Ordinance.

1.5.3 Minimum regulations. Regulations set forth by this Ordinance shall be minimum regulations. If the requirements set forth in this Ordinance conflict with the requirements of any other lawfully adopted rules, regulations or ordinances, the more restrictive or higher standards shall govern.

(ZTA Ord. No. 2021-03, § 4, 5-3-21)

A.

If any section, specific provision, or standard of these regulations, including any zoning district boundary that now exists or may exist in the future, is found by a court of competent jurisdiction 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.

B.

It is not intended by this Ordinance to interfere with, abrogate, or annul easements, covenants, water supply watershed regulations, or other agreements between parties; provided, however, that 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.

A.

In accordance with the requirements of NC GS 160D-701, the regulations adopted pursuant to this Ordinance shall be consistent with the Town's Comprehensive Plan and any specific plans adopted by the Town Board of Commissioners. All new developments shall be designed in conformance with adopted plans including but not limited to adopted comprehensive plans, comprehensive transportation plans, small area plans, land use plans, parks and recreation plans and any other adopted plans.

B.

When a proposed development includes any part of a thoroughfare which has been designated as such upon the officially adopted Comprehensive Transportation Plan, such thoroughfare right-of-way(s) shall be dedicated and constructed by the developer(s) as shown on the plan. Where such right-of-way does not currently exist, the developer shall be required to dedicate the necessary right-of-way on the development side of the street.

(ZTA Ord. No. 2021-03, § 5, 5-3-21)

1.8.1 Purpose and authority.

A.

Pursuant to NC GS 160D-102(33) and 160D-108 and not withstanding any other provision of this Ordinance or amendment thereto, a vested right shall be deemed established with respect to any property upon the valid approval of a site specific development plan or a phased development plan. Such vested right shall confer upon the landowner(s) the right to undertake and complete the development and use of said property under the terms and conditions of the site specific development plan or the phase development plan including any amendments thereto.

B.

Upon application, the Town Board of Commissioners may approve extended zoning vested rights up to five (5) years for a site specific development plan or a phased development plan upon such terms and conditions as may reasonably be necessary to protect the public health, safety and welfare. Such approval shall result in an extended vested right, although failure to abide by such terms and conditions will result in a forfeiture of vested rights. The Town Board of Commissioners shall not require a landowner to waive his vested rights as a condition of developmental approval. A site specific development plan or a phase development plan shall be deemed approved upon the effective date of the Board's action.

1.8.2 Duration of a vested right.

A.

Pursuant to NC GS 160D-108 and 160D-403(c), unless a different period is specified by state statute or other specific applicable law or a different period is provided by a quasi-judicial development approval, a development agreement, or a local ordinance, a site-specific development plan or a phased development plan issued pursuant to this Ordinance shall expire one year after the date of issuance if the work authorized by the development approval has not been substantially commenced. Extended vested rights may be approved as set forth in Section 1.8.4. The lack of substantial commencement shall be evidenced by a valid building permit not having been issued and a footing inspection for a building on the site having not been passed, and the applicant having not requested an extension in accordance with this section. The vesting point shall precede the issuance of a zoning permit or a building permit.

1.8.3 Application and consideration of vested rights for site-specific vesting plans.

A.

For the purposes of this section a site-specific vesting plan means a plan submitted to the Town of Yadkinville describing with reasonable certainty the type and intensity of use for a specific parcel or parcels of property. The plan may in the form of, but not be limited to, any of the following plans or approvals: a subdivision plat, a site plan, a preliminary or general development plan, a special use permit, a conditional zoning, or any other development approval as may be used by a local government. Unless otherwise expressly provided by the Town of Yadkinville, the plan shall meet the requirements of Section 2.2.3.4 or 2.2.4.5, of this Ordinance.

B.

An application for a zoning vested right shall be submitted to the Administrator. All information requested on the application form shall be accurately set forth and the date and time of receiving the application shall be noted on the application.

C.

A nonrefundable processing fee in the amount set forth in the schedule of fees as adopted by the Town Board of Commissioners, shall be due and payable upon submission of the application. The landowner shall attach to his or her application a site-specific vesting plan.

D.

A site-specific development plan meeting the requirements of Section 2.2.3.4 or 2.2.4.5 of this Ordinance, as applicable, shall be submitted. Each map, plat, site plan or other document evidencing a site-specific development plan shall contain the following notation: "Approval of this plan establishes a zoning vested right under NC GS 160D-102(dd) and 160D-108. Unless terminated at an earlier date, the zoning vested right shall be valid until _______."

E.

Before acting on the application for an extended vested right, the Town Board of Commissioners shall hold a public hearing. Notice of the public hearing shall be posted on the property and shall be published in a newspaper having general circulation in the area of Yadkinville at least 10 days but not more than 25 days before the date fixed for the hearing.

1.8.4 Approval and consideration of extended vested rights for site-specific vesting plans.

A.

Following a public hearing, an extended zoning vested right shall be deemed established upon approval by the Town Board of Commissioners of the site-specific vesting plan. The action taken by the Town Board of Commissioners to approve the plan shall be in the form of an order and the vested rights shall thereafter confer upon the landowner the right to undertake and complete the development and use of the property under the terms and conditions of the site specific vesting plan, including any amendments thereto; however, in approving the site specific vesting plan, the Town Board of Commissioners may attach such terms and conditions to its approval as may be reasonably necessary to protect the public health, safety and welfare and to ensure further compliance with building codes and other development standards. Any plan approved pursuant to this section shall be deemed to be approved subject to the further requirements set forth below:

1.

Approval of a site specific development plan upon the condition that a variance be obtained, shall not confer a zoning vested right unless and until the necessary variance is obtained from the Board of Adjustment.

2.

The establishment of a zoning vested right shall not preclude the application of an overlay district that imposes additional requirements but does not affect the allowable type or intensity of use, or ordinances or regulations that are general in nature and are applicable to all property subject to land use regulations by the Town including but not limited to, building, fire, plumbing, electrical and mechanical codes. Otherwise, applicable new or amended regulations shall become effective with respect to property that is subject to a site specific development plan upon the expiration or termination of the vested right in accordance with this Section.

3.

A zoning vested right is not a personal right but shall attach to and run with the applicable property. After approval of a site specific development plan, all successors in title to the original landowner shall be entitled to exercise such right during the applicable period.

4.

The landowner shall submit a site specific development plan for approval by the Town with respect to each phase or phases in order to obtain final approval to develop within the restrictions of the vested zoning classification or classifications.

5.

Following approval or conditional approval of a site specific development plan, nothing in this Section shall exempt such a plan from subsequent review and approvals to ensure compliance with the terms and conditions of the original approval provided that such reviews and approvals are not inconsistent with the original approval.

6.

Nothing in this Section shall prohibit the renovation of the original approval or other remedies for failure to comply with applicable terms and conditions of the approval or the Ordinance.

7.

Duration—A vested right for an extended site-specific vesting plan that has been vested as provided in this Section shall remain vested for a period of two (2) years, where warranted in light of all the relevant circumstances, including, but not limited to, the size of the development, the level of the investment, the need for or desirability of the development, economic cycles and market conditions. This vesting shall not be extended by any amendments or modifications to a site- specific vesting plan unless expressly provided by the Town Board of Commissioners. The Town Board of Commissioners may provide that rights regarding a site-specific vesting plan shall be vested for a period exceeding two (2) years, but not exceeding five (5) years, if warranted by the size and phasing of development, the level of investment, the need for the development, economic cycles, and market conditions or other considerations. This determination shall be in the discretion of the Town Board of Commissioners and shall be made following the process specified for the particular form of an extended site-specific vesting plan. These determinations shall be made in the discretion of the Town Board of Commissioners at the time the site-specific development plan is originally approved.

8.

Vesting of Multi-phase Developments—In accordance with NC GS 160D-108(d)(4) a multi-phased development shall be vested for the entire development with the zoning regulations, subdivision regulations, and unified development ordinances in place at the time a site plan approval is granted for the initial phase of the multi-phased development. This right shall remain vested for a period of seven (7) years from the time a site plan approval is granted for the initial phase of the multi-phased development. For purposes of this subsection, "multi-phased development" means a development containing 100 acres or more that (i) is submitted for site plan approval for construction to occur in more than one phase and (ii) is subject to a master development plan with committed elements, including a requirement to offer land for public use as a condition of its master development plan approval.

9.

Upon issuance of a building permit the expiration provisions of NC GS 140A-418 and the renovation provisions of NC GS 160D-403(f) shall apply, except that a building permit shall not expire or be revoked because of the running time while a zoning vested right under this section exists . A vested right shall terminate at the end of the applicable vesting period with respect to buildings and uses for which no valid building permit applications have been filed.

B.

The Town Board of Commissioners shall approve the plan with or without conditions, if the use anticipated is a permitted use, classification and if the plan substantially complies with all other land use regulations and development criteria in effect on the date of the approval. If the plan does not comply with applicable regulations but can be brought into compliance with minor changes, then the Town Board of Commissioners shall conditionally approve the plan. Any conditional approval shall note all required changes in the plan to bring it into compliance or otherwise assure compliance during the development process. The action taken by the Town Board of Commissioners to approve a plan shall clearly identify any additional conditions attached to such approval. Such conditions may require the landowner to obtain other necessary permits, both local, federal or state, require specific soil and erosion controls, traffic control plans, specific buffer or screening requirements, or other similar conditions designed to protect the value of adjacent property and to promote or improve the general health, safety and welfare of the public.

C.

The Town Board of Commissioners shall deny any approval of a site specific development plan if the plan anticipates uses which are not permitted in the particular zoning classification or if the plan does not substantially comply with other applicable land use regulations and development requirements and cannot reasonably be brought into compliance by amendments to the plan or if the plan poses a danger to the public health, safety and welfare. The plan shall include necessary findings of facts and conclusions to support the denial.

D.

This Section shall not apply to development agreements approved in accordance with NC GS 160D-101—1012, which may be approved by the Town Board of Commissioners.

1.8.5 Subsequent changes and termination.

A.

A vested right, once established as provided in this chapter, precludes any zoning action by the Town which would change, alter, impair, prevent, diminish, or otherwise delay the development or use of the property as set forth in an approved site specific development plan except to the extent permitted in this chapter and consistent with NC GS 160D-108.

B.

A zoning right that has been vested as provided in this chapter shall terminate:

1.

At the end of one year or the applicable vesting period with respect to buildings and uses for which no valid building permit applications have been filed and substantially commenced, as evidenced by a building permit not having been issued and a footing inspection for a building on the site having not been passed;

2.

With the written consent of the affected landowner;

3.

Upon findings by the Town Board of Commissioners, by ordinance or order after notice and public hearing, that natural or man-made hazards on or in the immediate vicinity of the property, if uncorrected, would pose a serious threat to the public health, safety and welfare, if the project were to proceed as contemplated in the site specific plan;

4.

Upon payment to the affected landowner of compensation for all costs, expenses or other losses incurred by the landowner, including but not limited to, all fees paid in consideration of financing, and all architectural, planning, marketing, legal or other consultant fees incurred after approval by the Town, together with interest thereon at the legal rate until paid. Compensation shall not include any diminution in the value of the property which is caused by such action;

5.

Upon findings by the Town Board of Commissioners, by ordinance after notice and hearing, that the owner or his representative intentionally supplied inaccurate information or made material misrepresentations which make a difference in the approval by the Town Board of Commissioners of the site specific development plan; or

6.

Upon enactment or promulgation of a state or federal law regulation that precludes development as contemplated in the site specific development plan in which case the approval authority may modify the affected provisions, upon a finding that the change in law has a fundamental effect on the plan, by ordinance after notice and hearing.

1.8.6 Voluntary annexation. A petition for annexation filed with the Town shall contain a signed statement declaring whether or not any zoning vested right with respect to the property subject to the petition has been established under NC GS 160D-102-108. A statement that declares that no zoning vested rights has been established under 160D-102-108 or the failure to sign a statement declaring whether or not a zoning vested right has been established shall be binding on the landowner and any zoning vested right shall be terminated.

1.8.7 Development agreements. Subject to NC GS 160D-1001(b) the Town of Yadkinville may enter into development agreements with developers, subject to the procedures of 160D Article 10. In entering into such agreements, a local government may not exercise any authority or make any commitment not authorized or make any commitment not authorized by general or local act and may not impose any tax or fee not authorized by otherwise applicable law. Development Agreements may be approved by the Town Board of Commissioners in accordance with NC GS 160D Article 10.

(ZTA Ord. No. 2021-03, § 6, 5-3-21)

These regulations became effective on October 2, 2018. Upon such date, [the] regulations superseded, repealed and replaced Chapters 1, 3, 4, and 5 of Title 9 of the Town of Yadkinville's Code of Ordinances entitled "Planning and Regulation of Development". These regulations were amended on May 3, 2021.

(ZTA Ord. No. 2021-03, § 6, 5-3-21)