(A) Legal status provisions.
(1) In its interpretation and application, the provisions of this chapter shall be held to be minimum requirements, adopted for the promotion of the public health, safety, and general welfare. Whenever the requirements of lawfully adopted rules, regulations, ordinances, deed restrictions, or covenants are at variance with the requirements of this chapter, the most restrictive, or that imposing the highest standards, shall govern.
(2)
This chapter and various parts, sections, subsections, and clauses thereof, are hereby declared to be severable. If any part, sentence, paragraph, subsection, section, or clause is adjudged unconstitutional or invalid, it is hereby provided that the remainder of the chapter shall not be effected thereby. Whenever any condition or limitation is included in an order authorizing a special use permit, conditional zoning, variance, certificate of occupancy, or site plan approval or is offered by an applicant in an application or public hearing for such permit or approval, it shall be conclusively presumed that the authorizing officer or body considered such condition or limitation necessary to carry out the spirit and purpose of this chapter or the requirements of some provisions hereof, and to protect the public health, safety, and welfare, and that the officer or body would not have granted the authorization to which the condition or limitation pertains except in the belief that the condition or limitation was lawful. All conditions proposed to be attached to a Special Use Permit or a Conditional Zoning must be voluntarily agreed to in writing by all owners of the property to which those regulations may be applied.
(B) Statute of limitations. In accordance with G.S. § 160D-1405, a cause of action as to the validity of this chapter, or amendment thereto, shall accrue upon the adoption of this chapter or amendment thereto, and shall be brought within the time period specified therein.
(C) Repeal of conflicting ordinance. All ordinances or parts of ordinances of the town which are in conflict or inconsistent with this chapter are repealed and superseded to the extent necessary to give this chapter full force and effect.
(D) Administrator.
(1) The Planning Director is appointed to serve as administrator of this chapter. If this position should at any time be vacant, then the Town Manager shall designate another town official to act as administrator until the office is filled.
(2) Delegation of authority. The Planning Director may designate any staff member to represent the Planning Director in any function assigned by this chapter but shall remain responsible for any final action.
(E) Examples and illustrations. The examples, illustrations, and any other commentaries used in this chapter are for informational purposes only and are not intended for the purpose of construing the substantive or procedural provisions of this chapter or the town's intent in adopting specific provisions in this chapter. In instances with contradictions, the text always supersedes illustrations or graphics.
(Ord. 2005-11-02, passed 11-21-05; Am. Ord. 2021-02-02, passed 2-15-21)