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ARTICLE 1: Authority and Purpose

 

1.1  Authority

These regulations are adopted pursuant to the authority vested in the Town of Huntersville by its charter, the Session Laws, and the General Statutes of North Carolina, particularly Chapter 160A, Article 19, Part 3 and any special local legislation enacted by the General Assembly for the Town of Huntersville.

1.2  Purpose

The purposes of these regulations are to promote the public health, safety, and general welfare. To that end, regulations address, among other things, the following public purposes: to lessen congestion in the streets, to secure safety from fire, panic and other dangers, to promote health and the general welfare, to provide adequate light and air, to prevent the overcrowding of land, to avoid undue concentration of population, to facilitate the efficient, adequate and economic provision of transportation, water, sewerage, schools, parks and other public requirements, to conserve the value of buildings, and encourage the most appropriate use of land throughout the corporate area and extraterritorial zoning jurisdiction, in accordance with the Huntersville Community Plan (Strategic Update) and other adopted long range plans for the Town of Huntersville. 

“It is our describable outside that defines us, willy-nilly, to others, that may save us, or destroy us, in the world; it may be our shield against chaos, our mask against exposure; but whatever it is, the move we make in the place we live has to signify our intent and meaning.” Eudora Welty The Eye of the Story (122)

1.3  Title

These regulations shall be known as The Zoning Ordinance of the Town of Huntersville, North Carolina,  and may be cited as the "Zoning Ordinance";  the maps referred to herein titled Official Zoning Maps, Huntersville, North Carolina  may be cited as the "Zoning Maps".

1.4  Jurisdiction

These regulations govern the development and use of all land and structures within the corporate limits and the extraterritorial zoning jurisdiction of the Town of Huntersville, as shall be defined by ordinance from time to time as provided in the General Statutes of North Carolina.

1.5  Zoning Maps
 
The Town Board, upon the recommendation of the Planning Board, shall adopt a series of Zoning Maps entitled "Official Zoning Maps, Town of Huntersville, NC" which shall be retained in the office of the Planning Department.  The Zoning Maps shall set out and delineate into the zoning districts established in Article 3 all land within the jurisdiction of these regulations.  The Zoning Maps and notations thereon are hereby designated, established, and incorporated as a part of these regulations and shall be as much a part of these regulations as if they were fully described herein.

1.6  Separability

If any section, specific provision, or standard of these regulations, or any zoning district boundary that now exists or may exist in the future is found by a court of competent jurisdiction to be invalid for any reason, the decision of the court shall not affect the validity 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.

1.7  Relation to Other Ordinances

When regulations made under authority of this Ordinance require a greater width or size of yards or courts, or require a lower height of a building or fewer number or stories, or require a greater percentage of a lot to be left unoccupied, or impose other higher standards than are required in any other statute or local Ordinance or regulation, the regulations made under authority of this Ordinance shall govern.  In the event this Ordinance conflicts with other provisions of local, state or federal law, that law which provides the greatest protection to environment and natural features shall govern unless preempted by state or federal law.  Where that intent is not clear from a superficial reading of the Ordinance and laws, that law or Ordinance which is most restrictive shall apply.

1.8  Effective Date

These regulations shall become effective on November 19, 1996.

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