(A) The provisions of this chapter shall apply to all portions of the Town of Wilkesboro and its extraterritorial jurisdiction (ETJ) as defined in G.S. Ch. 160D, Art. 2.
(B) These regulations are applicable to all development, public and private, throughout said jurisdiction and no land or structures shall be used or occupied, and no excavation, removal of soil, clearing of a site, or placing of fill shall take place on lands contemplated for development, and no structure, or part thereof, shall be constructed, altered, renovated, or moved, except in compliance with applicable provisions of this chapter.
(C) Agricultural areas in municipal extraterritorial jurisdiction. Property that is located in the extraterritorial planning and development regulation jurisdiction and that is used for bona fide farm purposes is exempt from zoning regulation to the same extent bona fide farming activities are exempt from county zoning. “Property" means a single tract of property or an identifiable portion of a single tract. Property that ceases to be used for bona fide farm purposes becomes subject to planning and development regulation. For purposes of complying with state or federal law, property that is exempt from municipal zoning pursuant is subject to all floodplain regulation provisions.
(D) Notice of proposed jurisdiction change. Any municipality proposing to exercise extraterritorial jurisdiction shall notify the owners of all parcels of land proposed for addition to the area of extraterritorial jurisdiction, as shown on the county tax records. The notice shall be sent by first-class mail to the last addresses listed for affected property owners in the county tax records. The notice shall inform the landowner of the effect of the extension of extraterritorial jurisdiction, of the landowner's right to participate in a legislative hearing prior to adoption of any ordinance extending the area of extraterritorial jurisdiction, as provided in G.S. § 160D-601 and of the right of all residents of the area to apply to the Board of County Commissioners to serve as a representative on the Planning Board and the Zoning Board of Adjustment, as provided in G.S. § 160D-307. The notice shall be mailed at least 30 days prior to the date of the hearing. The person or persons mailing the notices shall certify to the Town Council that the notices were sent by first- class mail, and the certificate shall be deemed conclusive in the absence of fraud.
(E) Split jurisdiction. If a parcel of land lies within the planning and development jurisdiction of more than one local government, the local government may by mutual agreement and with the written consent of the landowner, assign exclusive planning and development regulation jurisdiction under this chapter for the entire parcel to any one of those local governments. The mutual agreement shall be evidenced by a resolution formally adopted by each governing board and recorded with the register of deeds in the county where the property is located within 14 days of the adoption of the last required resolution.
(Res. 2022-23, passed 8-1-2022)