<div class="chunk-title">Sec. 78-62. - Applicability and jurisdiction.</div>
<div class="chunk-content">
            <p class="incr0">
               (a)
               </p>
            		
            <p class="content1">
               <span class="ital">General.</span> Beginning with and subsequent to its effective date, this article shall be applicable
               to all development and expansion of development throughout all unincorporated areas
               in Wayne County (including the southeastern corner of the County, which lies in the
               Cape Fear Basin) and any local government in which the County provides building inspection
               services with the following exclusions: Federal, State, and Local governments, including
               their agencies, unless intergovernmental agreements have been established giving the
               County enforcement authority.
               </p>
            		
            <p class="incr0">
               (b)
               </p>
            		
            <p class="content1">
               <span class="ital">Exemptions.</span>
               </p>
            		
            <p class="incr1">
               (1)
               </p>
            		
            <p class="content2">
               Single family and duplex residential and related recreational development and expansion
               of development that disturbs less than one acre is exempt from the provisions of this
               article.
               </p>
            		
            <p class="incr1">
               (2)
               </p>
            		
            <p class="content2">
               Commercial, industrial, institutional, multifamily residential or local government
               development that disturbs less than one half acre and does not expand existing structures
               on a parcel is exempt from the provisions of this article.
               </p>
            		
            <p class="incr1">
               (3)
               </p>
            		
            <p class="content2">
               Commercial, industrial, institutional, multifamily residential or local government
               development that disturbs less than one half acre and expands existing structures
               on a parcel and, but does not result in a cumulative built-upon area for the parcel
               exceeding 24 percent is exempt from the provisions of this article.
               </p>
            		
            <p class="incr1">
               (4)
               </p>
            		
            <p class="content2">
               Development and redevelopment that disturbs less than the above thresholds are not
               exempt if such activities are part of a larger common plan of development or sale
               and the larger common plan exceeds the relevant threshold, even though multiple, separate
               or distinct activities take place at different times on different schedules.
               </p>
            		
            <p class="incr1">
               (5)
               </p>
            		
            <p class="content2">
               Development of an individual single-family or duplex residential lot that is not part
               of a larger common plan of development or sale and does not result in greater than
               five percent built-upon area on the lot is exempt from the provisions of this article.
               </p>
            		
            <p class="incr1">
               (6)
               </p>
            		
            <p class="content2">
               Existing development or redevelopment is exempt from the provisions of this article.
               </p>
            		
            <p class="incr1">
               (7)
               </p>
            		
            <p class="content2">
               Activities subject to requirements of the Neuse Agriculture Rule, 15A NCAC 02B .0712
               is exempt from the provisions of this article.
               </p>
            		
            <p class="incr1">
               (8)
               </p>
            		
            <p class="content2">
               Development or expansion of development with a vested right per the standards of N.C.G.S.
               160D-108 is exempt from the provisions of this article.
               </p>
            		
            <p class="incr1">
               (9)
               </p>
            		
            <p class="content2">
               Development or expansion of development for which the permit application was submitted
               prior to adoption of this article is optionally exempt from the provisions of this
               article per the requirements of N.C.G.S. 143-755.
               </p>
            		
            <p class="incr1">
               (10)
               </p>
            		
            <p class="content2">
               No development or expansion of development until compliance and permit. No development
               or expansion of development shall occur except in compliance with the provisions of
               this article or unless exempted. No development or expansion of development for which
               a permit is required pursuant to this article shall occur except in compliance with
               the provisions, conditions, and limitations of the permit.
               </p>
            		
            <p class="historynote0">
               (Ord. of 4-4-2023)
               </p></div>