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This ordinance consolidates the town’s land use regulatory authority as authorized by the state’s general statutes, and is adopted pursuant to the authority granted to the town by G.S. Ch. 160A, Art. 8, G.S. Ch. 160D, and any special legislation enacted for the town by the state’s General Assembly.
(Ord. A.21.01, passed 6-3-2021)
1.4.1 General applicability. The provisions of this ordinance shall apply to the use and development of all land within the corporate limits of the town and its Extraterritorial Jurisdiction (ETJ) unless such use or development is expressly exempted by a specific section or division of this ordinance.
(Ord. A.21.01, passed 6-3-2021)
The purpose of this ordinance is to protect the health, safety, and general welfare of the citizens of the town. The intent of this ordinance is more specifically to:
1.6.1 Authority of interpretation. Ordinance Administrator has authority to determine the interpretation of this ordinance. Any person may request an interpretation by submitting a written request to the Ordinance Administrator, who shall respond in writing. The Ordinance Administrator shall keep on file a record of all written interpretations of this ordinance.
(A) Meaning of words. Words listed in Article 17, Definitions, have the specific meaning assigned, unless the context expressly indicates another meaning. Words that are not defined are given their common meaning.
(F) Days. Any reference to “days” means calendar days unless otherwise specified. The time in which an act is to be done shall be computed by excluding the first day and including the last day. If a deadline or required date of action falls on a Saturday, Sunday, or holiday observed by the town, the deadline or required date of action shall be the next day that is not a Saturday, Sunday, or holiday observed by the town.
(H) Tables, figures, and illustrations. Tables, figures, and illustrations are provided for reference only and do not define or limit the scope of any provision of this ordinance. In case of any difference of meaning or implication between the text of this ordinance and any table, figure, or illustration, the text shall govern.
(I) Current versions and citations. All references to other town, county, state, or federal regulations in this ordinance are intended to be references to the most current versions and citations, unless otherwise expressly indicated. When referenced regulations have been repealed and not replaced by other regulations, requirements for compliance are no longer in effect.
(K) Delegation of authority. Whenever a provision appears requiring a specific officer or employee of the town to perform an act or duty, that provision will be construed as authorizing the officer or employee to delegate that responsibility to others over whom he or she has authority. Delegation of authority is not allowed when the provisions of this ordinance or other laws or regulations expressly prohibit such delegation.
1.7.1 Conflict with state or federal regulations. If any provisions of this ordinance are inconsistent with those of the state or federal government, the more restrictive provisions shall govern unless the state or federal regulation is intended to preempt the local regulation. The more restrictive provision is the one that imposes greater restrictions or more stringent controls. Regardless of any other provision of this ordinance, no land may be developed or used, and no structure may be erected or maintained in violation of any state or federal regulation.
1.7.2 Conflict with local regulations. If the provisions of this ordinance are inconsistent with one another, or if they conflict with provisions found in other adopted ordinances or regulations of the town, the more restrictive provision governs. The more restrictive provision is the one that imposes greater restrictions or more stringent controls.
1.7.3 Conflict with private agreements and contracts. This ordinance is not intended to repeal, abrogate, annul, impair, or interfere with any existing easements, covenants, deed restrictions, agreements, or permits previously adopted or issued pursuant to law. The town has no responsibility for monitoring or enforcing private agreements or contracts.
1.8.1 Generally. The Official Zoning Map designates the location and boundaries of the zoning districts established by this ordinance. The Official Zoning Map shall be kept on file with the Town Clerk, and is available for public inspection during normal business hours. The original official version of the map shall be certified by the Town Clerk, and shall bear the seal of the town. It shall be the final authority as to the status of the current zoning district classification of land within the town’s jurisdiction, and shall only be amended in accordance with the provisions of this ordinance.
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