AN ORDINANCE PROVIDING FOR THE DESTINATION OF BALDWIN, WILLIAMS, NEW HOPE, CAPE FEAR, AND PORTIONS OF HAW RIVER, OAKLAND, CENTER AND HADLEY TOWNSHIPS, CHATHAM COUNTY, NORTH CAROLINA. Pursuant to the authority granted by Article 18, Part 3, Zoning Ordinance of Chapter 153A of the General Statutes of North Carolina and for the purpose of promoting public health, safety and general welfare; promoting the orderly growth of the jurisdiction; reducing congestion on roads and streets; securing safety against fire, panic and other dangers;
Title
Jurisdiction
Noise generated by uses and operations permitted or regulated by this Ordinance shall be subject to the provisions of the Chatham County Noise Control Ordinance. The Board of Adjustment will present the decision of the Board in written form to the applicant. A copy of the decision must be filed in the office of the Zoning Enforcement Officer.
If the zoning enforcement officer determines that any of the provisions of this ordinance. The Planning Board's recommendation regarding the disposition of the application will be forwarded to the Board of County Commissioners. The Planning Board's recommendation regarding the disposition of the application will be forwarded to the Board of County Commissioners.
The amount of fees charged shall be as determined in the county budget or as determined by decision of the Board of Commissioners.
Bona Fide Farms Exempt
Districts Established
Same as District B-1, except that a conditional use permit is required as a prerequisite to any use or development as provided in this ordinance. Same as Ind-L District, except that a conditional use permit is required as a prerequisite to any use or development as provided in this ordinance.
Conditional Use Districts
- Purpose
- General Requirements
- Uses Within Districts
- Conditions
- Non-Compliance to District Conditions
- Procedure
A compact residential complex with a mixed commercial village center with a conditional use permit which is a prerequisite to any use or development as set out in the Compact Communities Ordinance. Applications for conditional use districts shall be processed, considered and voted upon in the same manner as is required for other zoning map amendments, except that any application for a conditional use district amendment shall always be accompanied and considered and considered by the application for a conditional use permit. at the same time.
Official Maps Adopted – District Boundaries
Definitions
General Purpose
Definitions
Main Building - A building in which the main use of the plot on which it is situated is carried on. Main structure - A structure in which the main use of the plot on which it is located is carried out.
General Provisions
- Relationship of Building to Lot
- Open Space Requirements
- Reduction of Lot and Yard Areas Prohibited
- Access to Property
- Interpretation of District Boundaries
- Interpreting Permitted Uses
- Water and Sewer Requirements
- Height Limitation Exceptions
- Fees
The lists of permitted and conditional uses in the various districts in this Ordinance are considered specific. Any use not specifically listed in a district will be deemed prohibited.
Non-conforming Situations
- Definitions
- Continuation of Non-conforming Situations
- Non-conforming Lots of Record
- Extension of Enlargement of Non-conforming
- Reconstruction Prohibited
- Change In Kind of Non-conforming Use
- Discontinuance of Non-conforming Uses
- Building on Subdivision Lots of Record
Subject to paragraph 4 of this subsection, a nonconforming use may extend through any part of a finished building. A nonconforming use may be extended to additional buildings or to land outside the original building.
Schedule of District Regulations
- RA-5 Residential/Agricultural District
- RA-90 Residential/Agricultural District
- RA-40 Residential/Agricultural District
- O&I Office/Institutional District
- B-1 Business District
- Ind L Light Industrial District
- Ind H Heavy Industrial District
- Conditional Use Compact Community
Not-for-profit club grounds and facilities having a minimum lot area of three acres and provided that all buildings, structures, and high-intensity activity areas shall have at least twice the minimum yard requirement for the district in which it is located. Boarding houses having a minimum lot area of three acres and provided that all buildings, structures and high intensity areas shall have a minimum yardage requirement of at least twice the minimum yard requirement for the district in which it is located.
General Environmental Performance Standards
General
Special Requirements
Environmental Assessment
Light source - The element of a lighting fixture that is the point of origin of the lumens emitted by the fixture. Light level measurements shall be made at the property line of the property on which the light to be measured is created. Measurements will be made at finished scale (ground level), with the light-recording part of the meter held parallel to the ground pointing up.
Off-street Parking and Loading Requirements
Off-street Parking Requirements
Failure of the Planning Board to make a recommendation to the Board of County Commissioners after the third regular meeting of the Planning Board shall be considered an unconditional favorable recommendation. Failure of the Planning Board to make a recommendation to the Board of County Commissioners after the third regular meeting of the Planning Board shall be deemed an unconditional favorable recommendation. Failure of the Planning Board to make a recommendation to the Board of County Commissioners after the third regular meeting of the Planning Board shall be considered an unconditional favorable recommendation.
Parking Lot Improvements, Design
Off-street Loading Requirements
Any structure or building used for trade, business or industry hereafter erected shall provide space as provided herein for the loading, unloading and maneuvering of delivery vehicles from the street or public alley. Such space must have access to a public alley, private driveway or, if such cannot reasonably be provided, to a public street. For the purposes of this section, an off-street cargo space (excluding suitable access drives and maneuvering space) shall have a minimum dimension of 12 feet by 40 feet and an overhead clearance of 14 feet above the alley or street grade.
Regulations Governing Signs
- Definitions
- Material and Design
- Illuminated Signs
- Prohibited Signs
- Signs Permitted in Any Zoning District
- Signs Permitted in the O&I, Office and
- Signs Permitted in the B-1, Business District
- Signs Permitted in the IND-L, Light Industrial
- Signs Permitted in the IND-H, Heavy Industrial
- Permit Required
Within the B-1 District, each lot or parcel may have a maximum of two square feet of sign area for each linear foot of frontage on a public street. Within the Industrial L District, each lot or parcel may have a maximum of two square feet of sign area for each linear foot of frontage on a publicly maintained street. Within the Industrial H District, each lot or parcel may have a maximum of two square feet of sign area for each linear foot of frontage on a publicly maintained street.
Home Occupations
Neighborhood Home Occupations
Rural Home Occupations
Transportation or other local and state agencies) must be obtained prior to the issuance of the home occupation permit. Anyone who wishes to practice home employment within their place of residence must apply for a permit to acquire the home. The occupancy permit is valid only as long as the use meets the provisions for residential occupancy set forth herein, and the permit may be revoked at any time the use does not meet the provisions of this or other applicable ordinances.
Conditional Use Permits
- Procedure
- Plans
- Violation
- Changes or Amendments
- Specific Conditions for Conditional Uses Listed In
If all requirements and conditions are accepted by the applicant, the board approves the issuance of the conditional use permit, otherwise the permit is denied. Purpose - The purpose of the planned housing development is to allow maximum flexibility in plot creation and location of housing units. Exterior Boundary Setbacks and Development - Setbacks along the exterior boundary of the proposed residential development or on any existing public street shall not be less than that required for the district in which the project is located.
Board of Adjustment
- Board of Adjustment Created
- Meetings
- Powers and Duties
- Appeal Procedures
- Vote Required – Judicial Appeal
The Board of Adjustment shall publish notice of the disposition of each complaint in a newspaper published in the County as required by law. An appeal stays all proceedings in furtherance of the appealed case, unless the zoning enforcer certifies to the board that. The board's decision can be communicated to the aggrieved party either by personal service or by registered letter or certified mail receipt requested.
Amendment to Zoning Ordinance
- Statement of Intent
- Amendment Initiation
- Procedure for Submission and Consideration of
- The Board of Commissioners and the Planning Board
- Public Hearing and Notice Thereof
- Planning Department Prepares Final Analysis and
- Withdrawal of Application
- Effect of Denial on Subsequent Petitions
- Vested Rights
The Board shall consider the amendment after receiving a recommendation from the Planning Department, beginning no later than the second regular meeting following the public hearing. A recommendation by the Planning Board that the proposed amendment is inconsistent with the Comprehensive Plan does not preclude the Board from approving the proposed amendment. The Board of County Commissioners will not consider adoption of the proposed amendment until the Planning Board issues a recommendation or makes a recommendation within the prescribed time frame.
Enforcement
Zoning Enforcement Officer
A Planning Board member may not vote on recommendations regarding a zoning map or text amendment when the outcome of the issue under consideration is likely to have a direct, substantial, and readily identifiable financial impact on the member. A member of the Board of County Commissioners may not vote on a zoning map or text amendment when it is reasonably likely that the outcome of the matter under consideration will have a direct, substantial and readily identifiable financial impact on the member. Where the Board of County Commissioners has denied a map application or the application has been withdrawn after the first notice of the public hearing thereon, the Board of County Commissioners shall not entertain another application for the same or similar map change having the same effect. ownership or part thereof until the expiration of a period of one year extending from the date of refusal or withdrawal, as the case may be.
Certificate of Zoning Compliance
No more than 25% of heated living spaces, excluding basements, may be used for living. For 24-hour commercial operations, this requirement may be adjusted with the approval of the Board of County Commissioners. The lighting in the part of the parking lot after working hours must not be higher than 7 FC maintained on average.
Duties of the Zoning Enforcement Officer, Board of
Penalty for Violation
If the civil penalty is not paid to the Planning Department within 15 days of the issuance of the citation, the County may recover in a civil action in the form of debt. In addition to the court order, the county may request a reduction order as part of the judgment in the case. The defendant can secure the cancellation of the reduction order by paying all costs of the proceedings and posting a bond to comply with the order.
Effects upon Outstanding Building Permits
If the violator fails to respond to a citation within 15 days of its issuance and pay the fine prescribed therein, Chatham County may bring a civil action of the nature of the debt in the appropriate division of the North Carolina General Court of Justice for the recovery of the fine, costs, attorneys' fees and such other relief as is permitted by law.
Effects Upon Outstanding Conditional Use Permits
Reenactment and Repeal of Existing Zoning Ordinance …. 79
Validity
Effective Date
Amendments
34; The Planning Board's recommendation regarding the disposition of the application will be forwarded to the Board of County Commissioners. The Planning Board will have up to three regularly scheduled meetings to review the request. All appeals against the enforcement and interpretation of this Regulation, including requests for deviations from the terms of the stated requirements, must be submitted to the. Such work may only be carried out by residents of the premises and no more than three additional employees on site, who may be non-residents.
Every decision of the Board is subject to review by the Supreme Court through proceedings in the nature of certiorari. The Planning Board's recommendation regarding the disposition of the application will be forwarded to the Board of County Commissioners. The Planning Board shall provide a written recommendation to the Board of County Commissioners addressing consistency with the adopted comprehensive plan and other matters as deemed appropriate.
