This zoning chapter is adopted in order to lessen congestion in the streets; to secure safety from fire, flood, panic, and other dangers; to promote health and general welfare; to provide adequate light and air; to prevent the overcrowding of land; to avoid undue concentration of population; to facilitate the adequate provision of transportation, water, sewer systems, schools, parks, and other public improvements; and to encourage orderly development and the most appropriate use of land throughout the City; all in accordance with the Comprehensive Plan. The provisions established by this chapter for the development of land and the attachment of reasonable conditions to the development of land are an exercise of valid police power delegated by the State. A developer has the duty of compliance with conditions laid down by the City for design, dedication, improvements, and restrictive use of land to conform to the physical and economic development of the City for the health, safety, and welfare of the community at large.
1. The regulations of this chapter apply to development of any parcel of land located within the corporate limits of the City or outside the corporate limits of the City, as provided by law.
2. The existing and proposed public improvements shall conform to and be properly related to the requirements shown in the Comprehensive Plan, Official Map, State “Urban Standard Specifications for Public Improvements Manual” (SUDAS), State “Urban Design Standards for Public Improvements Manual,” the “Development Standards Manual,” and it is intended that these regulations supplement and facilitate the enforcement of the provisions and standards contained in Building and Housing Codes and subdivision regulations.
3. Land that has been developed before the effective date hereof shall, whenever possible, be brought within the scope of these regulations to further the purposes of regulations identified in Section 11-1-2 of this chapter.
4. An entitlement to construct a structure on any land shall only be issued for a legal platted lot of record.
5. No certificates of zoning compliance or Certificate of Occupancy shall be issued for any parcel of land or development not in substantial conformity with the provisions of this chapter. No excavation of land or construction of any public or private improvements shall take place or be commenced except in conformity with this chapter.
6. No building permit shall be issued until a final plat, site plan, site plan amendment, or administratively approved site plan amendment has been approved.
7. It being essential to the proper government and administration of the City and to protect the health, safety, and welfare of its citizens, the Council has determined that it is necessary to enact a temporary moratorium on certain zoning and development activities within the Emerald Isle area, as defined in Exhibit A attached to the ordinance codified herein ("Emerald Isle area"). The purpose of this moratorium is to allow sufficient time for land use planning in order to facilitate development of the Emerald Isle area.
A. During the effective period of this moratorium, no official, officer, or agency of the City shall accept development applications, plans, or permits for any property modification requiring development review or approval.
B. Those provisions of the City zoning ordinance that are inconsistent or conflicting with the provisions of this Subsection 7 are hereby repealed for the duration of the moratorium hereby ordained and any extension thereof, but not otherwise.
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