The Legislature of the State of North Carolina has in Part 6, Article 21 of Chapter 143; Article 6 of Chapter 153A; Article 8 of Chapter 160A; and Article 7, 9, and 11 of Chapter 160D (Effective July 1, 2021) of the North Carolina General Statutes, delegated to local governmental units the authority to adopt regulations designed to promote the public health, safety, and general welfare.
(A) Zoning. Zoning provisions enacted herein are under the authority of North Carolina General Statutes N.C.G.S. § 160D-702, which extends to local jurisdictions, the authority to enact regulations which promote the health, safety, morals, or the general welfare of the community. It is further authorized under N.C.G.S. § 160D-703, which authorizes local jurisdictions 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.
(B) Subdivision. Subdivision provisions enacted herein are under the authority of N.C.G.S. § 160D-801, which provide for the coordination of streets within proposed subdivisions with existing or planned streets and with other public facilities, the dedication or reservation or 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.
(C) Unified Development Ordinance. This UDO, which combines zoning and subdivision authority, is further enacted under N.C.G.S. § 160D-103.
(D) Comprehensive or Land Use Plan Required. In accordance with N.C.G.S. § 160D-501(a), as a condition of adopting and applying zoning regulations, Wrightsville Beach shall adopt and reasonably maintain a comprehensive or land use plan. Such plans may be completed in conjunction with land use plans required by the Coastal Area Management Act in N.C.G.S. § 113A-110. Further the adoptions and update of these plans shall be in accordance with the procedures required for a legislative decision, as outlined in Section 155.4.1.
(Ord. 1695, passed 11-8-12; Am. Ord. 1838, passed 3-10-22)