ARTICLE I. GENERAL PROVISIONS
1.1 Purpose and Intent
These
regulations are necessary and are adopted in order to promote the public
health, safety, morals, convenience, comfort, amenities, prosperity, and
general welfare of persons within the planning jurisdiction of the Town of
·
Implement
relevant land-use plans;
·
Preserve and
protect property values;
·
Facilitate the
adequate and efficient provision of transportation, water, sewerage, parks, schools,
and other public requirements;
·
Preserve and
protect land, air, and water resources;
·
Ensure protection
from fire, flood, and other dangers.
1.2 Authority
These
regulations are adopted pursuant to the authority contained in Article 19 of
Chapter 160A, “Planning and Regulation of Development,” of the North Carolina
General Statutes.
1.3 Jurisdiction
and Applicability
(A)
The provisions of
this Ordinance shall apply to all portions of the Town of
(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 Ordinance.
(C)
Bona fide farms
not exempt. Bona fide farms, as defined
in the
1.4 Severability
If any
section, provision, or standard of this Ordinance 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 these
regulations 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.
1.5 Conflicting
Provisions
(A)
If the provisions
of this Ordinance 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 Ordinance 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.
1.6 Repeal
of Existing Zoning Ordinance
The
existing regulations, entitled Town of Wilkesboro Zoning Ordinance, are hereby
repealed.
1.7 Continued
Violations
Any
violation of the previous zoning ordinance shall continue to be a violation
under this Ordinance, unless the circumstances that constituted a violation
under the previous ordinance do not constitute a violation under this
Ordinance, in which case enforcement action shall cease, except to the extent
of collecting penalties assessed before the effective date of this Ordinance.
1.8 Interpretation
and Word Usage
(A)
Meaning and
Intent
All
provisions, terms, phrases, and expressions contained in this Ordinance shall
be construed according to this Ordinance’s stated purpose and intent.
(B)
Authority for
Interpretation
The
Zoning Enforcement Officer is responsible for interpreting the text of this
Ordinance 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 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.
1.9 Effective
Date
This Ordinance will be effective February 1, 2005.
ARTICLE II.
ADMINISTRATION
2.1 Zoning
Enforcement Officer
(A) Establishment. The provisions of th