Elkin adopts UDO text changes clarifying “new construction,” “substantial improvement” and shared-parking rules

On April 13, 2026 the Elkin Board of Commissioners unanimously adopted two text amendments to the town’s Unified Development Ordinance that clarify when work counts as "new construction" or a "substantial improvement" and revise parking and shared-parking rules.

Planner Sarah Harris told the board the Planning Board reviewed both proposals and found them consistent with the Town of Elkin Land Use Plan. The definitions adopted for Chapter 11 state that “New Construction” is the construction of a new structure, building, or dwelling unit (excluding additions and repairs), and that a “Substantial Improvement” is any combination of repairs, reconstruction, rehabilitation, addition, or other improvement of a structure during any one-year period for which the cost equals or exceeds 50% of the structure’s market value before the improvement.

The parking amendment to Chapter 3 clarifies that off-street parking requirements apply across all zoning districts except the DMX Downtown Mixed-Use district (with an exception for new residential construction of four or more units, which follows Figure 3.17). The ordinance confirms that permanent off-street parking must be provided at the time of new construction, enlargement, capacity increases, or use conversions. It also adds an explicit shared-parking provision allowing up to one-half of required spaces for one use to serve a second use when the uses have complementary peak demand (for example, a Sunday-night peak for a church and daytime peak for nearby offices).

Under the new shared-parking rules, the Zoning Administrator must certify that peak usages are complementary; a shared-parking agreement must be executed by the landowners, approved by the Planning Director, and recorded with the Register of Deeds. The ordinance sets a 1,000-foot maximum distance from a use’s entrance to the nearest shared parking space and specifies that if a recorded shared-parking agreement is terminated or becomes unenforceable, the relying use is nonconforming unless, within 90 days, the property owner provides required on-site spaces, establishes a new compliant agreement, or reduces the use to match available parking.

The board voted that each application was "consistent with all objectives and policies for growth and development contained in the Town of Elkin Land Use Plan," that each was "reasonable and in the public interest," and adopted the respective ordinances by unanimous vote.

Why this matters: The 50% threshold for "substantial improvement" is commonly used to trigger regulatory requirements and can affect whether owners undertaking major repairs must bring a structure into full compliance with code provisions. The recorded-agreement and certification provisions make shared parking a managed, enforceable option rather than an informal practice.

The Planning Board also recommended adding a fee-in-lieu option for parking; town staff were asked to research that approach and return with information to the board for future consideration.