(A) Interpretation and application; severability.
(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.
(2) Wherever 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.
(3) This chapter and the various parts, sections, divisions and clauses hereof are hereby declared to be severable.
(4) If any part, sentence, paragraph, division or clause is adjudged unconstitutional or invalid, it is hereby provided that the remainder of this chapter shall not be affected thereby.
(5) If any part, sentence, paragraph, division, section or clause is adjudged unconstitutional or invalid as applied to a particular property, buildings or structures the remainder of this chapter shall not be affected hereby.
(6) Whenever any condition or limitation is included in an order authorizing a zoning permit, special use permit, variance, certificate of zoning compliance, certificate of occupancy or site plan approval, it shall be conclusively presumed that the authorizing officer or body considered the condition or limitation necessary to carry out the spirit and purpose of this chapter, of the requirements of some provisions hereof, and to protect the public health, safety and welfare, and that the officer or Board would not have granted the authorization to which the condition or limitation pertains except in the belief that the condition or limitation was lawful.
(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 nine months as provided in G.S. § 1-54.1.
(C) Administrator. The Zoning Administrator shall be appointed by the Board of Commissioners.
(Ord. 21- , passed - -2021)