This ordinance shall be known and may be cited as the "Jamestown Land Development Ordinance," and may be referred to as the "LDO."

1.2-1.

Enactment. This ordinance is hereby enacted and shall be the Land Development Ordinance for the Town of Jamestown, hereinafter "the Town" and the areas within its extraterritorial jurisdiction. This ordinance supersedes the Jamestown Development Ordinance, and any previous Land Development Ordinance version, which are hereby repealed.

1.2-2.

Effective Date. This ordinance shall become effective on July 21, 2009. Any subsequent amendments shall become effective upon the date which they are approved by the town council.

1.3-1.

General Purpose. It is the purpose of this ordinance to promote the health, safety, and the general welfare of the residents of the Jamestown through the stated regulations of this ordinance which include provisions to regulate items such as (but not limited to) zoning, cluster development, planned unit developments, manufactured housing, development of subdivisions, signs, off-street parking and loading, planting yards, watershed protection, and flood damage prevention.

1.3-2.

Implementation of Comprehensive Plan. This ordinance shall be used to implement the Comprehensive Plan of the Town of Jamestown.

The guiding principles reflected in this ordinance are those stated in the Town of Jamestown's Comprehensive Plan. These principles are:

•

Careful management of development is required due to the limited amount of vacant land in Jamestown's growth area;

•

Excellent revitalization and infill opportunities throughout Jamestown, especially in the downtown area, must be utilized;

•

New development and redevelopment should create a pedestrian friendly, walkable community; and

•

Well planned, quality growth must enhance Jamestown's quality of life, protect the small-town community character, and use the Town's natural, historic, and cultural resources wisely.

The administration, enforcement, and amendment of the Land Development Ordinance shall be carried out consistently with plans and documents comprising the Town of Jamestown Land Development Plan (Comprehensive Plan), the Jamestown Parks and Recreation Master Plan, and other plans adopted by the Town. New planning documents or small area plans adopted by the town council are automatically incorporated into this ordinance.

The provisions of this ordinance shall apply to all the territory encompassed in the Town of Jamestown, North Carolina, and its extraterritorial jurisdiction as now or hereafter fixed, as depicted on the Town's Official Zoning Map on file at the Jamestown Town Hall. This map is hereby incorporated and made a part of this ordinance. This ordinance shall govern the development and use of all land and structures within the Town and its area of extraterritorial jurisdiction as provided for by Article 2, Planning and Development Regulation Jurisdiction, of G.S. ch. 160D "Local Planning and Development Regulation."

This ordinance is adopted pursuant to portions of one or more of the following authorities in NCGS: Chapter 160D (Local Planning & Development Regulation), Chapter 113A (Pollution Control and Environment), Chapter 121 (Environmental Controls), Chapter 133 (Public Works), and Chapter 136 (Roads and Highways). This ordinance may be amended from time to time as required or allowed by subsequent legislative enactments.

1.8-1.

Relation of this Ordinance to Other Regulations. This ordinance is not intended to abrogate any other law, ordinance, or regulation. However, where conditions, standards, or requirements imposed by any provision of this ordinance are either more restrictive or less restrictive than standards imposed by any other law, ordinance or regulation, the provisions which are more restrictive, or which impose higher standards or requirements shall govern. In cases where reference is made to the North Carolina General Statutes (NCGS), or any provision thereof, said reference shall be to the current language of said statute or provision. Whenever a process is prescribed by this ordinance, and said process contains requirements in addition to those prescribed by state law, the process prescribed in this ordinance shall be deemed supplemental; state law shall control.

1.8-2.

Conflicting Provisions of this Ordinance. In the event of any conflict between the limitations, requirements, or standards contained in different provisions of this ordinance in applying them to an individual use or structure, the more restrictive provision shall apply. However, the regulations for overlay districts set forth in Article 8 of this ordinance shall control in the event of any conflict between those regulations and regulations which are set forth in Article 8 of this ordinance for the underlying district. In the event of a conflict or inconsistency between the text of this ordinance and any caption, figure, illustration, or map contained herein, the text shall control.

1.8-3.

Conflicts with Covenants, Deed Restrictions, etc. This ordinance is not intended to abrogate any easement, covenant, or other private agreement. However, where the regulations of this ordinance are more restrictive or impose higher standards or requirements than such easement, covenant, or other private agreement, then the requirements of this ordinance shall govern.

1.8-4.

Effect on Existing Agreements. This ordinance is not intended to repeal, abrogate, annul, impair or interfere with any existing easements, covenants, deed restrictions, agreements, vested rights, or permits previously adopted or issued pursuant to law.

If any section or specific provision or standard of this ordinance or any regulating district boundary arising from it is found by a court to be invalid or unenforceable for any reason, the decision of the court shall not affect the validity or enforceability of any other section, provision, standard, or district boundary of these regulations except the provision in question. The other portions of these regulations not affected by the decision of the court shall remain in full force and effect.

Should any section or provision of this ordinance be decided by a court of competent jurisdiction to be unconstitutional or invalid, such decision shall not affect, impair, or invalidate the validity of the ordinance as a whole or any part thereof other than the part so declared to be unconstitutional or invalid.

1.10-1.

Minimum Requirements; Greater Restrictions Govern. In the interpretation and application of this ordinance, all provisions shall be considered to be minimum requirements. If any federal or state law or other ordinance or regulation allows lesser regulation, this ordinance shall govern so that, in all cases, the more restrictive limitation or requirement shall govern. Whenever regulations imposed by this ordinance are less restrictive than regulations imposed by any governmental authority, the regulations imposed by that authority shall govern.

1.11-1.

Word Interpretation.

(A)

Words not defined in this ordinance shall be given their ordinary and common meaning.

(B)

Words used in the present tense include the future tense.

(C)

Words used in the singular number include the plural number and the plural number includes the singular number unless the context of the particular usage clearly indicates otherwise.

(D)

Words used in the male gender include the female gender.

(E)

The words "shall," "will," and "must" are mandatory in nature implying an obligation or duty to comply with the particular provision.

(F)

Any act authorized by this ordinance to be carried out by a specific official of the Town is, by implication, authorized to be carried out by a designee of that official.

1.11-2.

Relationship of this Ordinance to Any Pending Action. The adoption of this ordinance shall not affect any action, suit, notice of violation, citation, or proceeding that may be pending at the date this ordinance becomes effective. All rights and liabilities that have been received or created and any violation that has occurred under any previous provisions of the Code of Ordinances of the Town of Jamestown that have been superseded by this ordinance are still valid and may be preserved and enforced.

No building, premises, or structure shall be constructed, erected, modified, converted, occupied, placed, maintained or moved, and no land use shall be commenced, maintained, or modified except as authorized by this ordinance.

No applicable permit shall be issued or granted that does not conform to the requirements of this ordinance. Developments that have received staff approval, enforcement officer approval, or a building permit before the effective date of this ordinance may proceed in accordance with such approval or permit while such approval or permit remains in effect.

1.13-1.

Official Zoning Map. The Town is hereby divided into zones, or districts, as established in Article 8 (Zoning Districts) and as shown on the Official Zoning Map which, together with all explanatory matter thereon, is hereby adopted by reference and declared to be a part of this ordinance. The Official Zoning Map is on file at the Jamestown Town Hall.

1.13-2.

Map Certification and Changes. The Official Zoning Map shall be attested by the town clerk and shall bear the seal of the Town together with the effective date of the adoption of this ordinance. If changes are made in district boundaries or other matters portrayed on the Official Zoning Map, such changes shall be entered on the Official Zoning Map.

1.14-1.

Boundary Interpretation. Where uncertainty exists as to the boundaries of any district shown on the Official Zoning Map, the following rules shall apply in the interpretation of area boundaries and the location of lines shown on the map:

(A)

Centerline. Where a boundary line lies within and follows a street or alley right-of-way, a railroad right-of-way, or utility easement, the boundary shall be construed to be in the center of such street or alley right-of-way, railroad right-of-way, or utility easement. If such a street or alley right-of-way, railroad right-of-way, or utility easement forming the boundary between two separate zoning districts is abandoned or removed from dedication, the district boundaries shall be construed as following the centerline of the abandoned or vacated roadbed or utility easement.

(B)

Lot line. Boundaries indicated as approximately following lot lines shall be construed as following such lot lines. In the event that a district boundary line divides a lot or tract, each part of the lot or tract so divided shall be used in conformity with the regulations established by this ordinance for the district in which said part is located. Split zoning of lots should be avoided to the extent possible, with zoning boundaries following lot lines where feasible.

(C)

Town limits. Boundaries indicated as approximately following the town limits or extraterritorial boundary lines of the Town of Jamestown shall be construed as following the town limits or extraterritorial boundary lines.

(D)

Watercourses. Boundaries indicated as approximately following the centerlines of streams, rivers, canals, lakes, or other bodies of water shall be construed to follow such center lines.

(E)

Extensions. Boundaries indicated as parallel to or extensions of street or alley rights-of-way, channelized waterways, railroad rights-of-way, utility easements, lot lines, town limits, county lines, or extraterritorial boundaries shall be so construed.

(F)

Scaling. In a case where a district boundary does not coincide with any boundary lines as above and no distances are described by specific ordinance; the boundary shall be determined by the use of the scale appearing on the map. In the case of Flood Hazard Area Corps of Engineering work maps, if available, shall be used for scaling.

(G)

Other. Where the actual locations of existing physical or natural features varies with those shown on the Official Zoning Map, or in other circumstances not addressed in this section, the planning board shall have the authority to interpret the district boundaries.

The following statutorily conforming policies on conflicts of interest that may arise in the administration of this this ordinance are hereby adopted per the requirements of G.S. § 160D-109:

(A)

Town council. A town council member shall not vote on any legislative decision regarding a development regulation where the outcome of the matter being considered is reasonably likely to have a direct, substantial, and readily identifiable financial impact on the member. A town council member shall not vote on any zoning amendment if the landowner of the property subject to a rezoning petition or the applicant for a text amendment is a person with whom the member has a close familial, business, or other associational relationship.

(B)

Appointed boards. Members of appointed boards shall not vote on any advisory or legislative decision regarding a development regulation where the outcome of the matter being considered is reasonably likely to have a direct, substantial, and readily identifiable financial impact on the member. An appointed board member shall not vote on any zoning amendment if the landowner of the property subject to a rezoning petition or the applicant for a text amendment is a person with whom the member has a close familial, business, or other associational relationship.

(C)

Quasi-judicial decisions. A member of any board exercising quasi-judicial functions shall not participate in or vote on any quasi-judicial matter in a manner that would violate affected persons' constitutional rights to an impartial decision-maker. Impermissible violations of due process include, but are not limited to, a member having a fixed opinion prior to hearing the matter that is not susceptible to change, undisclosed ex parte communications, a close familial, business, or other associational relationship with an affected person, or financial interest in the outcome of the matter.

(D)

Administrative staff. No staff member shall make a final decision on an administrative decision required by this ordinance if the outcome of that decision would have a direct, substantial, and readily identifiable financial impact on the staff member or if the applicant or other person subject to that decision is a person with whom the staff member has a close familial, business, or other associational relationship. If a staff member has a conflict of interest under this section, the decision shall be assigned to the supervisor of the staff person or such other staff person as may be designated by the development regulation or other ordinance.

(E)

No staff member shall be financially interested or employed by a business that is financially interested in development subject to regulation under this ordinance unless the staff member is the owner of the land or building involved. No staff member or other individual or an employee of a company contracting with a local government to provide staff support shall engage in any work that is inconsistent with his or her duties or with the interest of the local government, as determined by the local government.