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Zoning Ordinance Mocksville

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Zoning Ordinance Mocksville 8-3.1 AUTHORITY AND PURPOSE 8-3.1 AUTHORITY AND PURPOSE 8-3.1.1 Authority These regulations are adopted pursuant to the authority vested in the Town of Mocksville by its charter, the Session Laws, and the General Statutes of North Carolina, particularly Chapter 160D and any special local legislation enacted by the General Assembly for the Town of Mocksville. 8-3.1.2 Purpose The purposes of these regulations are to: promote the health, safety, morals, and general welfare of the community; to lessen congestion in the streets; to secure safety from fire, panic and other dangers; to provide adequate light and air; to prevent the overcrowding of land; to avoid undue concentration of population; to facilitate the adequate and economic provision of public facilities and infrastructure; to conserve the value of buildings; and to encourage the most appropriate use of land throughout the corporate area and extraterritorial zoning jurisdiction, in accordance with adopted plans and policies. 8-3.1.3 Title These regulations shall be known as The Zoning Ordinance of the Town of Mocksville, North Carolina, and may be cited as the "Zoning Ordinance." The maps referred to herein titled Official Zoning Maps, Mocksville, North Carolina may be cited as the "Zoning Maps." 8-3.1.4 Jurisdiction These regulations govern the development and use of all land and structures within the corporate limits and the extraterritorial zoning jurisdiction of the Town of Mocksville. 8-3.1.5 Zoning Maps The Town Board, upon the recommendation of the Planning Board, has adopted a series of Zoning Maps entitled "Official Zoning Maps, Town of Mocksville, NC" which are retained in the office of the town clerk. The Zoning Maps set out and delineate the zoning districts established in Article 3. The Zoning Maps and notations thereon are hereby designated, established, and incorporated as a part of these regulations and shall be as much a part of these regulations as if they were fully described herein. 8-3.1.6 Severability 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. 8-3.1.7 Relation to Other Ordinances If the provisions of this ordinance conflict with the provisions of any other validly enforceable ordinance(s), the most stringent provisions shall control. 8-3.1.8 Effective Date These regulations shall become effective upon the date of their adoption by the Board of Commissioners of the Town of Mocksville. 1 Town of Mocksville Zoning Regulations 8-3.2 APPLICABILITY OF ORDINANCE 8-3.2 APPLICABILITY OF ORDINANCE 8-3.2.1 Applicability. 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 changed 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 by these regulations. 8-3.2.2 Vested Development Rights. (A) In general. Any amendments, modifications, supplements, repeal or other changes in these regulations or the Zoning Maps shall not be applicable or enforceable without the consent of the owner with regard to buildings and uses: (1) For which a building permit has been issued prior to the effective date of the ordinance making the change so long as the permit remains valid and unexpired pursuant to G.S. 160D-403(c); -1110-1111 and the building permit has not been revoked pursuant to G.S. 160D403(f); -1115; or (2) For which a zoning permit has been issued prior to the effective date of the ordinance making the change so long as the permit remains valid and unexpired pursuant to this article; or (3) For which a vested right has been established and remains valid and unexpired pursuant to this section. (4) Vested rights established by local government approvals are as follows: (a) Six months - Building permits. - Pursuant to G.S. 160D-1109, a building permit expires six months after issuance unless work under the permit has commenced. Building permits also expire if work is discontinued for a period of 12 months after work has commenced. (b) One year - Other local development approvals. - Pursuant to G.S. 160D-403(c), unless otherwise specified by statute or local ordinance, all other local development approvals expire one year after issuance unless work has substantially commenced. Expiration of a local development approval shall not affect the duration of a vested right established under this section or vested rights established under common law. For purposes of this section, substantially commencement of work shall be determined by the Town Manager based on any of the following: (1) The development has received and maintained a valid erosion and sedimentation control permit and conducted grading activity on a continuous basis and not discontinued it for more than thirty (30) days; (2) The development has installed substantial on-site infrastructure; or (3) The development has received and maintained a valid building permit for the construction and approval of a building foundation. Even if work has substantially commenced, a development approval still expires if development work is intentionally and voluntarily discontinued for a period of not less than 24 consecutive months, as calculated and tolled pursuant to N.C.G.S. 160D-108 (d). (c) Seven years - Multiphase developments. - A multiphase development shall be vested for the entire development with the zoning regulations and, subdivision regulations in place at the time a site plan approval is granted for the initial phase of the multiphase development. This right shall remain vested for a period of seven years from the time a site plan approval is granted for the initial phase 2 Town of Mocksville Zoning Regulations 8-3.2 APPLICABILITY OF ORDINANCE (B) Permit Choice. If a complete application made in accordance with this ordinance or the subdivision ordinance is submitted for a development approval and the ordinance(s) change between the time the application was submitted and a decision is made, the applicant may choose which version of the ordinance(s) will apply to the application. If the development permit applicant chooses the version of the rule or ordinance applicable at the time of the permit application, the development permit applicant shall not be required to await the outcome of any proposed amendment to the rule, map, or ordinance prior to acting on the development permit. This section also applies to all development approvals issued by the State and County of the multiphase development. (C) Additional procedures for establishing a vested right. A vested right to commence a planned development or use of property according to a site specific development plan shall be established upon approval of a special use permit, a conditional use permit, a special exception permit, or conditional zoning by the appropriate Town Board. The vested right thus established is subject to the terms and conditions of the site plan. Only those design elements shown on or made a part of the site plan or permit shall be vested. (D) Term of a vested right. A right, which has been vested by the Town of Mocksville, shall remain vested for a period of three years from date of approval. Modifications or amendments to an approved plan do not extend the period of vesting unless specifically so provided by the town board when it approves the modification or amendment. A vested right obtained under this sub- section is not a personal right, but shall attach to and run with the subject property. A right which has been vested under the provisions of this sub-section shall terminate at the end of the applicable vesting period with respect to buildings and uses for which no valid building permit has been issued except that: (1) When a vested development plan has been at least 50% completed by the end of the vesting period, the project as a whole shall be given two more years to complete development in conformance with the approved plan not to exceed a total vested period of five years; and (2) Prior to the vested right terminating at the end of the three-year period, the owner of the property may petition the appropriate board for a one-time two-year extension of the vested right not to exceed a total vested period of five years. In its deliberations regarding the extension request, the board may consider, among other things: 1) the percentage of the project completed, 2) a demonstration by the petitioner of good faith efforts made towards project completion, 3) the reasons for the delay of project build-out, and 4) the compatibility of the planned development with current town plans and the surrounding landscape. The board may choose to extend the vested right for the entire project or only a portion of the project and may require one or more design features shown on the plan or incorporated in the permit to meet the current code. 3 Town of Mocksville Zoning Regulations 8-3.2 APPLICABILITY OF ORDINANCE (E) Declaration of a vested right upon voluntary annexation. A petition for annexation filed with the town under G.S.
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