(A) Regulations for each district shall be enforced and interpreted according to the following rules:
(1) Uses by right. All uses listed as permitted uses are permitted by right according to the terms of this chapter.
(3) Special uses. Special uses are permitted only as reviewed by the Planning and Zoning Board and approved by the Board of Commissioners. See § 154.107 for further information on special uses.
(B) Minimum regulations. Regulations set forth by this chapter shall be minimum requirements. If the requirements set forth in this chapter are at variance with the requirements of any other lawfully adopted rules, regulations or chapters, the more restrictive or higher standards shall govern.
(C) Restrictive covenants. Unless restrictions established by covenants running with the land are prohibited by the provision of this chapter, contained herein shall be construed to render such covenants inoperative.
(D) Bona fide farms. Nothing in this chapter shall in any way regulate, restrict, prohibit or otherwise deter any bona fide farms within the jurisdiction of this chapter, except that any use of such property for non-farm purposes shall be subject to these regulations.
(E) Permanent and temporary dwellings. DWELLING UNIT is defined in G.S. § 160D-102 as, “Any building, structure, manufactured home or mobile home, or part thereof, used and occupied for human habitation or intended to be so used, and includes any outhouses and appurtenances belonging thereto or usually enjoyed therewith.” Dwellings are further classified as either “Permanent” or “Temporary” and specific zoning district can permit these based on district regulations. The most useful distinction between these terms is that permanent dwellings are built to the NC Building Code Standards and temporary dwellings, which are most often recreational vehicles, are not and are not meant for use as permanent residences. The Figure 8-1 and Figure 8-2 provide a visual representation of typical permanent and temporary dwelling types.
(Ord. 23-241, passed 7-18-2023)
