ARTICLE I. GENERAL PROVISIONS

This Chapter shall be known and may be cited as the "Land Development Code of Henderson County, North Carolina"

This Chapter is adopted pursuant to the authority vested in Henderson County, North Carolina by the North Carolina General Statutes, particularly Chapter 160D.

These regulations have been adopted in accordance with the “Henderson County Comprehensive Plan,” as adopted and as may be amended, in order to promote the health, safety and general welfare of the community. These regulations are designed to: (1) provide adequate light and air; (2) prevent the overcrowding of land; (3) avoid undue concentration of the population; (4) lessen congestion on roads; (5) secure safety from fire, panic and dangers; and (6) facilitate the efficient and adequate provision of transportation, water, sewerage, schools, parks and other public requirements. The regulations shall be made with reasonable consideration, among other things, as to the character of the district and its peculiar suitability for particular uses, and with a view to conserving the value of buildings and encouraging the most appropriate use of land throughout the County. In addition, these regulations are made with reasonable consideration to expansion and development of incorporated areas within the County, so as to provide for their orderly growth and development. The neighborhood impact from certain uses will be mitigated through the use of general and development standards which provide the flexibility to impose a higher level of site-specific standards, dependent upon the degree of neighborhood impact.

Unless otherwise noted, the provisions of this Chapter shall apply to the unincorporated areas of Henderson County lying outside the extraterritorial jurisdiction of any municipality and the incorporated areas and extraterritorial jurisdiction of any city or town specifically requesting its enforcement by Henderson County upon the agreement of the Henderson County Board of Commissioners, both in accordance with the use districts shown on the Zoning Map titled the "Official Zoning Map of Henderson County, North Carolina" and subsequent amendments thereto. (In making such a request, the city or town must comply with the requirements of NCGS §160D-105). In no instance shall this Chapter apply to any area which is not duly established and identified as a zoning area as shown on the “Official Zoning Map of Henderson County, North Carolina.” Said map and all explanatory matter thereon accompany and are hereby made a part of this Chapter. This Chapter and Map shall be on file in the Office of the Commissioners.

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The “Official Zoning Map of Henderson County,” hereinafter the “Official Zoning Map” shall be maintained in digital format in the office of the Planning Director of Henderson County. This map shall be available for inspection by interested persons during normal business hours of the Planning Director. It shall be the duty of the Planning Director to maintain said map and post any changes thereto as they may be made. The Planning Director and Zoning Administrator may distribute unofficial copies of the “Official Zoning Map,” hereinafter “zoning map,” to the general public for reference purposes. Official records, which shall also include any Federal or North Carolina maps referenced in the Official Zoning Map, shall be maintained in the office of the Board of Commissioners regarding any actions of the Commissioners to amend district boundaries and these maps and records shall constitute the only official description of the location of district boundaries.

The following rules of interpretation shall be applicable to the zoning map:

1. District Designation. A district name on the zoning map indicates the regulations pertaining to the district designated by that name, or abbreviation of same, and extending throughout the whole area bounded by the district boundary lines within which such name or abbreviation is shown, except as otherwise provided.
2. District Boundary Determination. Where uncertainty exists as to the boundaries of any district, the following general rules of interpretation shall apply. It is the duty of the Zoning Administrator to interpret the location of district boundaries. Any appeal from an interpretation or finding of the Zoning Administrator may be taken to the Zoning Board of Adjustment as specified in Article XII. General rules of interpretation include:
   
   1. District boundaries indicated as approximately following:
      
      1. The centerlines of roads, highways or alleys shall be construed to follow those centerlines;
      2. Platted lot lines shall be construed as following those lot lines;
      3. The centerlines of streams, rivers or other bodies of water shall be construed to follow those centerlines; and
      4. Railroad tracks shall be construed to be centerline of the main track(s).
   2. District boundaries indicated as approximately parallel to, perpendicular to or extensions of features indicated in §42-7 (Interpretation of District Boundaries) subsection B, items (1)a and (1)b above shall be so construed and at such distance there from as indicated on the zoning map. Distances not specifically indicated on the Official Zoning Map shall be determined by the scale of the map.

Where the zoning map shows a district boundary dividing a lot, the lot shall conform to the requirements established by this Article for the most restrictive district in which that part is located.

No building, premises or structure shall be constructed, erected, placed, moved, modified, converted, occupied or maintained, and no land use shall be maintained, modified or commenced, except as authorized by this Chapter. All development within the County shall comply with the development standards identified by this Chapter. The most restrictive local, state or federal laws pertaining to the establishment and operation of a use shall apply.

Articles II, V, and VI shall in no way regulate, restrict, prohibit or otherwise deter any use of property for agriculture, agritourism farm or bona fide farm, and its related uses except that any use of such property for non- farm purposes shall be subject to this Chapter..

One (1) principal use/structure may be erected on any one (1) lot, except as otherwise provided in this Chapter. Accessory uses/structures may also be erected and are limited in number as provided by this Chapter.

Unless otherwise provided or implied by the context or description/definition of a use, nonresidential uses shall be deemed to be located:

1. where the customer goes to receive the services and/or product offered by the use; and/or
2. where the product/merchandise/supplies/equipment/furniture or other personal property associated with the use is kept, stored or otherwise housed

The administration, enforcement and amendment of this Chapter shall be accomplished with consideration of recommendations presented in the documents comprising the “Henderson County Comprehensive Plan” hereinafter “Comprehensive Plan.”

In the event a parcel is subject to restrictive covenants, homeowners or property owner’s association rules, in a situation where those covenants or rules are more restrictive in terms of permitted land use than this Ordinance, the provisions of such covenants or rules would be unaffected by this Ordinance.