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1.03 Effective date
1.04 Applicability and jurisdiction
1.05 Purpose and intent
1.06 General rules of interpretation
1.07 Conflicting provisions
1.08 Official zoning map
1.09 Transitional provisions
This document shall officially be known as the “Land Development Ordinance of the Town of Butner, North Carolina” and may be referred to throughout the document as the “LDO” or the “ordinance”.
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. 19, and any special legislation enacted for the town by the state’s General Assembly.
This ordinance shall become effective on October 1, 2008.
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.
1.4.2 Application to government units. Except as stated herein, the provisions of this ordinance shall apply to:
(A) Development and use of land owned by the town;
(B) Development and use of land by public colleges or universities;
(C) Development and use of state and county buildings in accordance with the standards set forth in G.S. § 160A-392; and
(D) To the full extent permitted by law, the development and use of land owned or held in tenancy by the government of the United States.
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:
1.5.1 Preserve the overall quality of life for the residents of the town;
1.5.2 Protect the character and quality of established residential neighborhoods;
1.5.3 Maintain economically vibrant and aesthetically attractive commercial areas;
1.5.4 Promote economic development and expand the range of employment opportunities for the residents of the town;
1.5.5 Lessen congestion and ensure safe and functional streets through the provision of a well designed and interconnected street network;
1.5.6 Promote pedestrian and non-vehicular transportation;
1.5.7 Preserve vital natural resources and protect the environmental quality of the town and its environs;
1.5.8 Ensure the provision of adequate light, air, and open space;
1.5.9 Ensure the availability of a range of housing options; and
1.5.10 Provide for the timely provision of public facilities and services in conjunction with future development.
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.
1.6.2 Literal interpretation. The language of this ordinance must be read and interpreted literally. Regulations contained within this ordinance are no more or less strict than stated.
1.6.3 Rules of language and construction. For the purposes of interpreting the general language and sentence construction of this ordinance, except where as otherwise noted, the following rules of construction apply unless the context clearly indicates otherwise.
(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.
(B) Tense. Words used in the present tense include the future tense. The reverse is also true.
(C) Singular and plural. Words used in the singular include the plural. The reverse is also true.
(D) Mandatory terms. The words “shall”, “will”, “must”, and “may not” are mandatory or compulsory in nature, implying an obligation or duty to comply with the particular provision.
(E) Gender. Words used in the male gender include the female gender. The reverse is also true.
(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.
(G) Reference. Any reference to an article, section, or division means an article, section, or division of this ordinance, unless otherwise specified.
(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.
(J) Lists and examples. Unless otherwise expressly indicated, lists of items or examples that use “including,” “such as”, or similar terms are intended to provide examples only. They are not to be construed as exhaustive lists of all possibilities.
(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.
(L) Calculations and rounding. Unless otherwise specified within this ordinance, all calculations that result in a part or fraction of a whole number must be rounded up to the next highest whole number.
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.
1.8.2 Incorporation by reference. The Official Zoning Map is hereby incorporated by reference and made part of this ordinance.
1.8.3 Interpretation of district boundaries.
(A) A boundary shown on the map as approximately following the centerline of a street, highway, or alley is construed as following such centerline.
(B) A boundary shown on the map as approximately following a parcel boundary is construed as following the parcel boundary as it actually existed at the time the zoning boundary was established.
(C) A boundary shown on the map as approximately following a river, stream, lake, or other watercourse is construed as following the actual centerline of the watercourse.
(D) A boundary shown on the map as approximately following the corporate limits of the town is construed as following that boundary.
(E) A boundary shown on the map as approximately parallel to, or as an extension of, a feature described above is construed as being actually parallel to, or an extension of, the feature.
1.9.1 Effect on valid building permits and vested rights. Unless the property owner consents, this ordinance does not apply to the completion of the development of buildings or uses for which either:
(A) Building permits have been issued pursuant to G.S. § 160A-417 prior to October 1, 2008, so long as the permits remain valid and unexpired pursuant to G.S. § 160A-418 and unrevoked pursuant to G.S. § 160A-422; or
(B) A vested right has been established pursuant to G.S. § 160A-385.1 and such right remains valid and unexpired pursuant to G.S. § 160A-385.1.
1.9.2 Other approvals granted prior to the effective date. Variances, special use permits, subdivision plats, site plans, and other similar development approvals that are valid on September 30, 2008 will remain valid until their expiration date if applicable. Development may be completed in accordance with such approvals even if such building, development, or structure does not fully comply with the provisions of this ordinance. If development is not commenced and diligently pursued in the time allowed under the original approval or any extension granted, then the building, development, or structure must meet the standards of this ordinance in effect at the time of any re-application.
1.9.3 Applications in process prior to effective date. Applications for building permits, variances, special use permits, subdivision plats, site plan approvals, and other similar development approvals that were submitted in complete form and are pending approval on October 1, 2008 must be reviewed wholly under the terms of the ordinance in effect on September 30, 2008. Any re-application for an expired approval must meet the standards of this ordinance in effect at the time of re-application.
1.9.4 Violations continue. Violations of the previous ordinance which are in violation of this ordinance will continue to be a violation and will be subject to penalties and enforcement action under Article 4, Enforcement. The adoption of this ordinance does not affect nor prevent any pending or future action to abate violations of previous ordinances.
Should any article, section, division, phrase, or word of this ordinance be held invalid or unconstitutional by a court of competent jurisdiction of either the state or the United States, such decision does not affect, impair, or invalidate the validity of the remaining parts of this ordinance which can be given effect without the invalid provision.