Edits made to May 9, 2012, Polk County Unified Development Ordinance

Published 4:16 pm Thursday, September 13, 2012

Listed below are the modifications to the most recent draft of the Unified Development Ordinance as requested by the Planning Board.

General Modifications – Throughout Ordinance

• Replaced the word ‘Ordinance’ with ‘Article’ or ‘Regulations’ in all article titles (i.e., Zoning Regulations, Salvage Yard Article) and throughout document as necessary.
• Added statement regarding applicability to zoned or unzoned areas of the County to beginning of each Article.
• Replaced ‘must’ with ‘shall’ throughout UDO.
• Checked for capitalization inconsistencies for terms “sketch plan” and “site plan” throughout UDO.
• Removed or changed references to ‘Mountainside and Ridgeline Protection’ and ‘MRPO’ with ‘Steep Slope’ (Article 24) throughout UDO.
• Removed the word ‘official’ in reference to the zoning map throughout UDO.
• Replaced ‘zoning permit’ with ‘certificate of zoning compliance’ throughout UDO.
• Changed ‘Watershed Overlay Districts’ to ‘Watershed Areas’ throughout UDO.
• Removed or changed any reference to Article 25 throughout UDO.

Specific Modifications – By Section Reference

1.         1.3.1  The provisions of this Ordinance shall be applicable to the unincorporated areas of the county lying outside of any municipal extraterritorial zoning districts as specifically identified and delineated on the zoning map entitled “Official Zoning Map, Polk County, North Carolina.” Chapters 1, 2, 3, and 5, as well as Articles 22, 23, 25 24, and 27 of Chapter 6 of this UDO shall apply to the unzoned areas of the County. Chapters 1, 2, 3, 4, and 5, as well as Articles 22, 23, 24, 25, 26, and 27 of Chapter 6 of this UDO shall apply to the zoned areas of the County.

2.         1.8.3.1 Inspections. The Administrator shall have the right upon presentation of proper credentials, or inspection warrant if necessary, to enter on any premises with within the planning jurisdiction of the County at any reasonable hour for the purposes of inspection, determination of plan compliance, or other enforcement actions under this Ordinance and state law.

3.         1.8.4.5  Failure to Comply with Notice of Violation, Notice of Intent, and or Decision of the Board of Adjustment.

4.         1.8.6.3  Continuing Violation.  For each day the violation is not corrected continues the violator will be guilty of an additional and separate offense violation and subject to additional civil penalties.