The zoning jurisdiction of the city and its extraterritorial zoning jurisdiction is divided by this chapter into zoning districts, the boundaries and designations of which are shown on a series of maps, covering in combination the entire zoning jurisdiction of the city, and identified as the official zoning atlas of the city, hereafter official zoning atlas.

(Code 1972, § 26-4.1; Ord. No. 91.53, 10-16-1991)

(a)

The official zoning atlas, together with all lawfully adopted explanatory material shown thereon or therewith, is hereby adopted by reference and declared to be part of this chapter.

(b)

For the special purposes set out below, where boundaries and designations are not shown directly on the basic atlas sheets, they shall be indicated by overlays to such sheets or as separate maps. Overlays or separate maps shall have the same force and effect as the basic atlas sheets.

(Code 1972, § 26-4.2; Ord. No. 91.53, 10-16-1991)

Where the scale generally applicable to the basic atlas sheets or supplemental maps is inadequate for presentation of details in particular areas, such areas may be cross-referenced on the basic atlas sheets or supplemental maps to separate inset maps at appropriate scale.

(Code 1972, § 26-4.5; Ord. No. 91.53, 10-16-1991)

Other supplements, in the form of maps, indexes, guides, illustrations, records, reports, interpretive material and standards may be officially adopted, directly or by reference, to facilitate administration and public understanding of the official zoning atlas, or of regulations adopted for the zoning districts or other divisions established thereby.

(Code 1972, § 26-4.6; Ord. No. 91.53, 10-16-1991)

A district symbol or name shown within district boundaries in the official zoning atlas indicates that district regulations pertaining to the district extend throughout the whole area surrounded by the boundary line, except as otherwise specifically provided.

(Code 1972, § 26-4.7; Ord. No. 91.53, 10-16-1991)

Where uncertainty exists as to boundaries of districts, or other areas delineated for regulatory purposes in the official zoning atlas, the following rules shall apply:

(1)

Boundaries indicated as approximately following the centerlines of streets, alleys, rights-of-way, or easements; variation between actual and mapped location; effect of vacation on zoning status of property. Boundaries indicated as approximately following the centerlines of streets, alleys, rights-of-way or easements shall be construed as following such centerlines as they exist on the ground (except where variation of actual location from mapped location would change the zoning status of a lot or parcel, in which case the boundary shall be so interpreted as to avoid such change). In the event of vacation of the street, the boundary shall be construed as remaining in its location except where ownership of the vacated property is divided other than at the center, in which case the boundary shall be construed as moving with the ownership.

(2)

Boundaries indicated as approximately following boundaries of streets, alleys, other public or private property lines, rights-of-way, or easements. Boundaries indicated as approximately following boundaries of streets, alleys, other public or private property lines, rights-of-way, or easements, shall be construed as following such boundaries, except where variation of actual location from mapped location would change the district status of a lot or parcel, in which case the boundary shall be so interpreted as to avoid such change.

(3)

Boundaries indicated as approximately following mean high water lines or centerlines of rivers, canals, lakes, bays or other bodies of water. Boundaries indicated as approximately following mean high water lines or centerlines of rivers, canals, lakes, bays, or other bodies of water shall be construed as following such mean high water line, or centerlines. If said mean high water line or centerline changes, the boundary shall be construed as moving with the change, except where such moving would change the district status of a lot or parcel, in which case the boundary be interpreted in such manner as to avoid such change.

(4)

Boundaries indicated as approximately parallel to or extensions of features. Boundaries indicated as approximately parallel to or extensions of features described in subsections (1), (2), and (3) above shall be construed as being parallel to or extensions of such features.

(5)

Nonspecifically indicated distances determined by reference. Where distances are not specifically indicated on any map in the official zoning atlas, they shall be determined by reference to the scale of the map.

(6)

Boundaries indicated as entering any body of water. Boundaries indicated as entering any body of water, but not continuing to intersect with other zoning boundaries or with the limits of the jurisdiction of the city, shall be construed as extending, in the direction in which they enter the body of water, to intersect with other zoning boundaries or with the limits of city jurisdiction.

(7)

Excluded areas. Where parcels of land and water areas have been inadvertently excluded from a zoning district classification in any manner, said parcels shall be classified in conformance with that district which surrounds it or which is most restrictive adjacent to it, until changed after a public hearing.

(8)

Action in cases of remaining uncertainty, conflicts. In other circumstances not covered above, or where existing natural or manmade features are at variance with those shown in the official zoning atlas, or where it is illegible or unclear, or where interpretation based on the above rules appears to produce contradiction or conflict with the intent of this Code, or upon request from the planning director or from any affected property owner, the board of adjustment shall make a finding and interpretation concerning the boundaries involved in accord with the intent and purpose of this chapter.

In cases where such finding and interpretation involves only correction to the official zoning atlas or any official supplement and does not change the zoning of any lot, the board may direct corrections without proposing an amendment to the map involved. In cases where the zoning of any lot would be changed by such correction, the board shall initiate a proposed corrective amendment.

(Code 1972, § 26-4.8; Ord. No. 91.53, 10-16-1991)

(a)

In the event that the zoning atlas as a whole or individual maps within the atlas become damaged, lost, destroyed or difficult to interpret, the council may direct the preparation of a new official zoning atlas or portion thereof and upon approval by the council, it shall replace the previous official zoning atlas or portion thereof.

(b)

The new official zoning atlas or portion may correct drafting and clerical errors or omissions in the prior official zoning atlas or portion, but such correction shall not have the effect of amending this chapter without following the procedure contained in article II, division 3 of this chapter.

(Code 1972, § 26-4.9; Ord. No. 91.53, 10-16-1991; Ord. No. 2002.31, 8-21-2002)

Each basic atlas sheet and each overlay or supplemental element thereto or otherwise contained in the official zoning atlas shall be authenticated by the signature of the mayor, attested by the signature of the city clerk and bear the requirements and procedures set forth in this chapter. Any unauthorized changes of whatever kind by any person or persons shall be considered a violation of this chapter and punishable as provided by law; provided, this provision shall not be held to foreclose action under other applicable criminal statutes of the state against any person and persons alleged to have made unauthorized changes in this chapter.

(Code 1972, § 26-4.10; Ord. No. 91.53, 10-16-1991)

(a)

Amendment. The official zoning atlas is subject to amendment by ordinance as set out in article II, division 3 of this chapter. Any proposed amendment shall be identified by reference to the atlas sheet and/or supplement involved, in addition to legal description or other property identification or such other information as is required to make specific the application of the amendment.

(b)

Updating required; notice concerning incomplete posting. Amendments to the official zoning atlas shall be updated on the official zoning atlas by the planning director or his designee within 15 working days of approval. Prior to such updating, a certified copy of the amendment involved shall be physically attached to each atlas sheet, supplement, or schedule sheet to be changed, prominently marked "AMENDMENT EFFECTIVE: POSTING INCOMPLETE."

(c)

Authentication; recording of nature and dates of amendments. Amendments shall be authenticated by entries made by the planning director or his designee on atlas sheets, supplements, schedule sheets affected, and a record of the nature and date thereof maintained. Such entries shall indicate the date the amendment was made, the date the change became effective (if other than the date of the actual approval), the number of the amending ordinance, and an indication of the nature of the change sufficient to facilitate specific identification.

(Code 1972, § 26-4.11; Ord. No. 91.53, 10-16-1991)

No changes of any nature shall be made in the official zoning atlas or any matter shown thereon, except in conformity with the requirements and procedures set forth in this chapter. Any unauthorized changes of whatever kind by any person or persons shall be considered a violation of this chapter and punishable as provided by law; provided, this provision shall not be held to foreclose action under other applicable criminal statutes of the state against any person and persons alleged to have made unauthorized changes in this chapter.

(Code 1972, § 26-4.12; Ord. No. 91.53, 10-16-1991)

Regardless of the existence of purported copies of all or part of the official zoning atlas which may from time to time be made, published, or reproduced, the official zoning atlas shall be the final authority as to the current zoning status of all lands and waters within the zoning jurisdiction of the city.

(Code 1972, § 26-4.13; Ord. No. 91.53, 10-16-1991)

At least one copy of all zoning maps or atlases, or remaining portions thereof, which have had the force and effect of official zoning maps or atlases for the city prior to the effective date of adoption or amendment of this chapter shall be retained by the city clerk and preserved as a public record and as a guide to the zoning status of lands and waters prior to such dates.

(Code 1972, § 26-4.14; Ord. No. 91.53, 10-16-1991)

Zoning district maps may be in paper or a digital format approved by the local government. Copies of the zoning district map may be reproduced by any method of reproduction that gives legible and permanent copies and, when certified by the local government clerk in accordance with G.S. 160D-105.

(Ord. No. 2021-58, 6-15-2021)

Development regulations adopted pursuant to this chapter may reference or incorporate by reference flood insurance rate maps, watershed boundary maps, or other maps officially adopted or promulgated by state and federal agencies. For these maps a regulation text or zoning map may reference a specific officially adopted map or may incorporate by reference the most recent officially adopted version of such maps. When zoning district boundaries are based on these maps, the regulation may provide that the zoning district boundaries are automatically amended to remain consistent with changes in the officially promulgated state or federal maps, provided a copy of the currently effective version of any incorporated map shall be maintained for public inspection.

(Ord. No. 2021-58, 6-15-2021)

Development regulations may reference or incorporate by reference flood insurance rate maps, watershed boundary maps, or other maps officially adopted or promulgated by state and federal agencies. For these maps a regulation text or zoning map may reference a specific officially adopted map or may incorporate by reference the most recent officially adopted version of such maps. A copy of the currently effective version of any incorporated map shall be maintained for public inspection in accordance with G.S. 160D-105.

(Ord. No. 2021-58, 6-15-2021)