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GENERAL PROVISIONS
These regulations are necessary and are adopted to promote the public health, safety, morals, convenience, comfort, amenities, prosperity, and general welfare of persons and landowners within the planning and development jurisdiction of the Town of Wilkesboro. These regulations and standards are intended to:
(A) Implement community land-use plans and standards.
(B) Preserve and protect property values and peaceful enjoyment.
(C) Facilitate the adequate and efficient provision of community services such as transportation, water and sewer utilities, parks, schools, and other public necessities.
(D) Preserve and protect land, air, water, and other natural resources.
(E) Ensure protection from fire, flood, and other dangers.
(Res. 2022-23, passed 8-1-2022)
(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)
If any section, provision, or standard of this chapter is found by a court of competent jurisdiction to be invalid, the decision of the court shall not affect the validity of any other section, provision, or standard of this chapter except that which is in question. The other portions of these regulations not affected by the decision of the court shall remain in full force and effect.
(Res. 2022-23, passed 8-1-2022)
(A) If the provisions of this chapter are in conflict with those of the federal or state governments, or are inconsistent with other regulations of the town, the more restrictive will control, to the extent permitted by law.
(B) This chapter is not intended to abrogate, annul, or otherwise interfere with any easement, covenant or other private agreement or legal relationship otherwise in conformance with it.
(Res. 2022-23, passed 8-1-2022)
Any violation of the previous zoning ordinance shall continue to be a violation under this chapter, unless the circumstances that constituted a violation under the previous ordinance do not constitute a violation under this chapter, in which case enforcement action shall cease except to the extent of collecting penalties assessed before the effective date of this chapter.
(Res. 2022-23, passed 8-1-2022)
(A) Meaning and intent. All provisions, terms, phrases, and expressions contained in this chapter shall be construed according to this chapter’s stated purpose and intent.
(B) Authority for interpretation. The Zoning Enforcement Officer is responsible for interpreting the text of this chapter in accordance with the standards set forth in this section and applicable ordinance standards and requirements. Interpretations of the Zoning Enforcement Officer may be appealed to the Zoning Board of Adjustment.
(C) Delegation of authority. Whenever a provision appears requiring an official or an employee of the town to perform an act or duty, that provision shall be construed as authorizing the official to delegate the responsibility to subordinates, unless the terms of the provision specify otherwise.
(D) Computation of time. References to days are calendar days unless otherwise specified.
(E) Lists and examples. Unless otherwise specifically indicated, lists of items or examples that use the terms "such as," "including," or similar language are intended to provide examples only and should not be construed as exhaustive lists of all possibilities.
(F) Mandatory and discretionary terms. The words "shall," "will," and "must" are mandatory. The words "may" and "should" are advisory and discretionary.
(G) Conjunctions. Conjunctions shall be interpreted as follows: "and" indicates that all connected items, conditions, provisions, or events apply, while "or" indicates that one or more of the connected items, conditions, provisions, or events apply.
(H) Tenses. Words used in one tense (present, past, future) include all other tenses, unless the context clearly indicates otherwise. The singular includes the plural, and the plural includes the singular.
(Res. 2022-23, passed 8-1-2022)
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