Wilkesboro City Zoning Code
GENERAL PROVISIONS
§ 156.101 PURPOSE AND INTENT.
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)
§ 156.102 AUTHORITY.
These regulations are adopted pursuant to the authority contained in G.S. Ch. 160D, “Local Planning and Development Regulation.”
(Res. 2022-23, passed 8-1-2022)
§ 156.103 JURISDICTION AND APPLICABILITY.
(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)
§ 156.104 SEVERABILITY.
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)
§ 156.105 CONFLICTING PROVISIONS.
(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)
§ 156.106 CONTINUED VIOLATIONS.
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)
§ 156.107 INTERPRETATION.
(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)
§ 156.108 CONFLICTS OF INTEREST.
(A) Governing board. A governing board member shall not vote on any legislative decision regarding a development regulation adopted pursuant to this chapter 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 governing 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.
(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) Administrative staff.
(1) No staff member shall make a final decision on an administrative decision required by this chapter 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 chapter of the Code of Ordinances.
(2) No staff member shall be financially interested or employed by a business that is financially interested in a development subject to regulation under this chapter 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.
(D) Quasi-judicial decisions. A member of any board exercising quasi-judicial functions pursuant to this chapter 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 a financial interest in the outcome of the matter.
(E) Resolution of objection. If an objection is raised to a board member's participation at or prior to the hearing or vote on a particular matter and that member does not recuse himself or herself, the remaining members of the board shall by majority vote rule on the objection.
(F) Familial relationship. For purposes of this section, a "close familial relationship" means a spouse, parent, child, brother, sister, grandparent, or grandchild. The term includes the step, half, and in-law relationships.
(Res. 2022-23, passed 8-1-2022)
§ 156.109 RULES OF PROCEDURE.
Rules of procedure that are consistent with the provisions of this chapter may be adopted by the governing board for any or all boards created in this chapter. In the absence of action by the governing board, each board created under this chapter is authorized to adopt its own rules of procedure that are consistent with the provisions of this chapter. A copy of any adopted rules of procedure shall be maintained by the local government clerk and posted on the local government website. Each board shall keep minutes of its proceedings.
(Res. 2022-23, passed 8-1-2022)
§ 156.110 OATH OF OFFICE.
All members appointed to boards shall, before entering their duties, qualify by taking an oath of office as required by G.S. § 160D-309.
(Res. 2022-23, passed 8-1-2022)
§ 156.111 EXTRATERRITORIAL REPRESENTATION.
(A) Proportional representation. A proportional representation based on population for residents of the extraterritorial area shall be provided. The population estimates for this calculation shall be updated no less frequently than after each decennial census. Representation shall be provided by appointing at least one resident of the entire extraterritorial planning and development regulation area to the Planning Board, Zoning Board of Adjustment, Appearance Commission, and the Historic Preservation Commission if there are historic districts or designated landmarks in the extraterritorial area.
(B) Appointment. Membership of joint municipal-county planning agencies or boards of adjustment may be appointed as agreed by counties and cities.
(C) Voting rights. The outside representatives have equal rights, privileges, and duties with the other members of the board to which they are appointed, regardless of whether the matters at issue arise within the city or within the extraterritorial area.
(Res. 2022-23, passed 8-1-2022)
§ 156.112 ADVISORY BOARDS.
The governing board may by ordinance establish additional advisory boards as deemed appropriate. The ordinance establishing such boards shall specify the composition and duties of such boards.
(Res. 2022-23, passed 8-1-2022)
§ 156.113 REPEAL OF PREVIOUS ORDINANCE AND EFFECTIVE DATE.
The previous regulations, entitled Town of Wilkesboro Zoning Ordinance, are hereby repealed as of August 1, 2022. This chapter is effective immediately.
(Res. 2022-23, passed 8-1-2022)