(A) This ordinance is adopted pursuant to the statutory authority provided in the state statutes. The legislature of the state has in G.S. Ch. 143, Art. 21, Part 6; G.S. § 160D-103 delegated to local governmental units the responsibility to adopt regulations designed to promote the public health, safety and general welfare.
(B) Zoning provisions enacted herein are under the authority of G.S. Ch. 160D, Art. 7 Zoning, which extends to towns the authority to enact regulations which promote the health, safety, morals, or the general welfare of the community. It is further authorized under G.S. § 160A-382 which authorizes towns to regulate and restrict the erection, construction, reconstruction, alteration, repair or use of buildings, structures, or land. This section further authorizes the establishment of overlay districts in which additional regulations may be imposed upon properties that lie within the boundary of the district. The statutes also require that all such regulations shall be uniform for each class or type of building throughout each district, but that the regulations in one district may differ from those in other districts.
(C) Subdivision provisions enacted herein are under the authority of G.S. Ch. 160D, Art. 8 Subdivision Regulations, which provide for the coordination of streets within proposed subdivisions with existing or planned street and with other public facilities, the dedication or reservation of recreation areas serving residents of the immediate neighborhood within the subdivision, or alternatively, for the provision of funds to be used to acquire recreation areas serving residents of more than one neighborhood in the immediate area, and for the distribution of population and traffic in a manner that will avoid congestion and overcrowding.
(Ord. passed 11-2-2011; Ord. passed 7-1-2021)