UNIFIED DEVELOPMENT ORDINANCE Adoption page Adopted the ____ day of _____by the Lexington City Council. SECTION 1. AUTHORITY AND APPLICABILITY TITLE This ordinance is officially titled “The Unified Development Ordinance of the City of Lexington, North Carolina.” This ordinance includes both zoning and subdivision regulations. The following terms and titles are appropriately used when referring to this ordinance: “Development Ordinance”, “Land Use Ordinance,” “Subdivision Regulations,” “Zoning Ordinance,” and “Zoning Map.” This ordinance will be kept on file at the City Clerk’s Office and maintained by the Administrator. PURPOSE AND INTENT In accordance with North Carolina General Statutes (GS) 160A, Article 8, the purpose of this Ordinance is to implement adopted policies related to growth and development. This ordinance establishes an orderly process for the design, review, approval, development, and use of land within the jurisdiction of the City of Lexington that is clear and equitable. It is the intent of this ordinance to ensure that development is generally harmonious with surrounding properties without the endangerment of the health, safety, and general welfare of the community. AUTHORITY Planning provisions enacted within this ordinance are authorized under GS 160A, Article 8, extending to cities and counties the authority to enact regulations that promote the health, safety, morals, or general welfare of the community. Cities and counties are authorized 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. These statutes also require that all such regulations will be uniform for property throughout each district, but that the regulations in one district may differ from those in other districts. Subdivision regulations enacted within this ordinance are authorized under GS 160D, providing for the coordination of the subdivision of land and the development of streets and public utilities. This section further authorizes the dedication or reservation of open space and recreation areas. It also authorizes the distribution of population and traffic in a manner that will avoid congestion and overcrowding. The enumeration of sections of the North Carolina General Statutes is not intended to exclude any other section of the General Statutes which grants or confirms authority to municipalities to promulgate ordinances, rules or regulations similar or identical to those set forth in this ordinance. JURISDICTION These regulations govern the development and use of all land and structures within the corporate limits of the City of Lexington, North Carolina. RELATION TO OTHER ORDINANCES 2 It is not intended that this ordinance repeal, abrogate, annul, impair, or interfere with any existing easements, covenants, deed restrictions, agreements, vested rights, ordinances or building permits previously adopted or issued pursuant to law and currently effective, except that this ordinance will replace the prevailing “Unified Development Ordinance,” which was adopted November 8, 2010. SEPARABILITY Should any section or provision of this ordinance be decided by a court of competent jurisdiction to be unconstitutional or invalid, such decision will not affect the validity of the ordinance as a whole or any part thereof other than the part so declared to be unconstitutional or invalid. APPLICABILITY No building, structure, or land will be used or occupied, nor any building, structure, or part thereof be erected, constructed, reconstructed, moved, or structurally altered, nor any land be clear-cut, graded, developed, or built-upon, nor 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. RULES OF MEANING AND INTERPRETATION For the purposes of these regulations, the following rules apply: 1 These regulations will be construed to achieve the purposes for which they are adopted. Interpretations will be guided by statements of intent and policies of the Land Use Plan. 2 Uses that are not expressly permitted within this ordinance are prohibited. However, if a use is not expressly permitted, but is similar in all characteristics relative to the regulations of this ordinance to another use that is expressly permitted, the Administrator may categorically declare the use as permitted and apply any necessary conditions to ensure the similarity, after making the following findings of fact, otherwise, the use shall be prohibited. a) The proposed use is similar in all characteristics relative to the regulations of this ordinance to another use that is expressly permitted within the Administrator for which is applied; and b) The proposed use will not materially endanger the public health, safety, or general welfare; and c) The proposed use will not impact adjoining properties to a higher degree than the reference use that was expressly permitted. 3 Development that does not fall clearly into one of the building types or structures listed in Section 4 shall be categorically classified by the Administrator for the purpose of design regulations. 4 In the event of any conflict in standards applying to a project, the standard more consistent with the Lexington Land Use Policies will apply. 5 The words “shall” and "will" are mandatory in nature, implying an obligation or duty to comply with the particular provision. 6 The word "may" is permissive in nature except when used in the negative. 7 The term “may be approved” is meant to defer authority to approve the specific issue or item to the applicable Board, Council, or Administrative Staff approving the development or use. 8 References to "days" will always be construed to be calendar days, unless the context of the language clearly indicates otherwise. ADMINISTRATIVE CORRECTIONS AND CHANGES The Administrator is authorized to make minor corrections and changes to this ordinance. Minor corrections include typographical errors, grammatical errors, incorrect section references, and updating 3 name of events, organizations, street or roads, etc. In addition, where any regulation is in direct conflict with a separate regulation, the more strict of the two shall apply. Minor changes include changes in format not affecting content, insertion of illustrations to convey meaning, insertion and/or changes to quick reference tables and forms. Such corrections and/or changes shall not be considered as amendments to this ordinance. All corrections and changes will be reported to the City Manager. SECTION 2. ADMINISTRATION Administrative Staff, Administrative Decisions, Quasi-Judicial Decisions, Legislative Decisions, Development Approvals, Moratoria, Appeals, Enforcement ADMINISTRATIVE STAFF 1 Authorization. The City Manager shall appoint the administrator of this ordinance (hereinafter “Administrator”) who shall also serve as the Secretary to the Board of Adjustment and Planning Board. In addition to the Administrator, the City Manager and other officials employed by the City of Lexington, including department leaders, inspectors, planners, enforcement officers, technicians, and other city staff as designated by the City Manager, (hereinafter “Administrative Staff” or “City Official”) are hereby charged to develop, administer, and enforce development regulations contained herein. In reference to approvals, the term “City” will refer to the approving official, board, or authority charged with reviewing and approving the relative to the type of development approval. 2 Duties. Duties assigned to staff include, but are not limited to, drafting and implementing plans and development regulations to be adopted; determining whether applications for development approvals are complete; receiving and processing applications for development approvals; providing notices of applications and hearings; making decisions and determinations regarding development regulation implementation; determining whether applications for development approvals meet applicable standards as established by law and local ordinance; conducting inspections; issuing or denying certificates of compliance or occupancy; enforcing development regulations, including issuing notices of violation, orders to correct violations, and recommending bringing judicial actions against actual or threatened violations; keeping adequate records; and any other actions that may be required in order adequately to enforce the laws and development regulations under the City of Lexington jurisdiction. CONFLICTS OF INTEREST 1. Governing Board. A governing board member shall not vote on any legislative decision regarding a development regulation adopted pursuant to this Ordinance where the outcome of the matter being considered is reasonably likely to have a direct, substantial, and readily identifiable financial impact on the member. A governing board member shall not vote on any zoning amendment if the landowner of the property subject to a rezoning petition or the applicant for a text amendment is a person with whom the member has a close familial, business, or other associational relationship. 2. Appointed Boards. Members of appointed boards shall not vote on any advisory or legislative decision regarding a development regulation