NORTH CAROLINA GENERAL ASSEMBLY

1959 SESSION

CHAPTER 635

HOUSE BILL 852

AN ACT TO EXTEND THE PLANNING AND ZONING POWERS OF THE TOWN OF TRYON AND ITS GOVERNING BODY TO THE TERRITORY BEYOND AND SURROUNDING THE CORPORATE LIMITS OF THE TOWN OF TRYON FOR A DISTANCE OF ONE MILE IN ALL DIRECTIONS.

The General Assembly of North Carolina do enact:

Section 1. That for the purpose of promoting the orderly growth, expansion and development of the Town of Tryon and the surrounding territory hereinafter defined, and for the purpose of promoting the health, safety, morals and general welfare of the citizens of the Town of Tryon and of the territory and community beyond and surrounding the corporate limits of the said municipality, as hereinafter defined, the Board of Commissioners of the Town of Tryon is hereby authorized and empowered to adopt such ordinances and regulations as may be considered necessary or expedient by the said governing body to regulate, control and restrict the height, number of stories and size of buildings and other structures, the percentage of a lot that may be occupied, the size of yards, courts and other open spaces, the density of population, and the location and use of buildings, structures and land for trade, industry, residence or other purposes, not only within the corporate limits of the Town of Tryon, but also, when specifically provided by the terms of any such ordinance, within the territory and community beyond and surrounding the corporate boundaries of the Town of Tryon as now or hereafter fixed, for a distance of one mile of and beyond such corporate boundaries in all directions; and within the aforesaid territory within and beyond the corporate boundaries, the Board of Commissioners of the Town of Tryon is hereby authorized and empowered to exercise any and all powers of planning and/or zoning conferred upon the Town of Tryon and vested in its governing body by the charter of the Town of Tryon, and/or the General Statutes of North Carolina, as amended from time to time, including but not being limited to the provisions of Article 14 of subchapter 1 of Chapter 160 of the General Statutes, and/or by any other statute applicable to the Town of Tryon, to the same extent and according to the same methods of procedure as applicable to planning and/or zoning within the corporate limits of the Town of Tryon.

Sec. 2. That at the time the Board of Commissioners of the Town of Tryon authorizes the Planning Board of the Town of Tryon to prepare a recommended zoning ordinance for the territory beyond the corporate limits for a distance of one mile in all derctions, the County Board of Commissioners of Polk County shall appoint three (3) residents of the territory beyond the corporate limits of the Town of Tryon and within one mile thereof to serve as members of the Town of Tryon's Planning Board in addition to the regularly appointed members. The additional members of the Planning Board so appointed who are residents of the territory beyond the corporate limits shall have equal rights and privileges with the other members of the Town of Tryon Planning Board in all matters pertaining to the zoning and planning of the territory surrounding and beyond the corporate limits of the Town of Tryon within a distance of one mile in all directions thereof.

Sec. 3. In the event that the Board of Commissioners of the Town of Tryon adopts zoning regulations for the area outside the corporate limits, it shall increase the membership of the Board of Adjustment by adding three (3) additional members. Such members shall be residents of the one mile area outside the corporate limits and shall be appointed by the Board of Commissioners of Polk County. Such members shall have equal rights, privileges, and duties with the other members of the Board of Adjustment in all matters pertaining to the regulation of such area. The concurring vote of six (6) members of such enlarged board shall be necessary to reverse any order, requirement, decision, or determination of any administrative official charged with the enforcement of an ordinance.

Sec. 4. The board of commissioners is further authorized in order to enforce properly the provisions of any planning or any zoning ordinances that may be enacted affecting the area beyond the corporate limits as defined herein, to require that prior to the beginning of any construction, reconstruction or alteration of any building or structure, that a permit be obtained therefor from the Town of Tryon. The permit shall be issued if the proposed structure complies with such requirements as may have been adopted by the Board of Commissioners of the Town of Tryon for the area whereon the structure is to be situated.

Sec. 5. That the provisions of this Act shall apply only to the Town of Tryon and to the territory within the corporate limits of the Town of Tryon and that territory beyond and surrounding the corporate limits of the Town of Tryon for a distance of one mile beyond the same in all directions.

Sec. 6. The Board of Commissioners of the Town of Tryon shall enact no ordinance or ordinances under the provisions of this Act without first holding a public hearing.

Sec. 7. All laws and clauses of laws in conflict with the provisions of this Act are hereby repealed to the extent of such conflict.

Sec. 8. This Act shall be in full force and effect from and after its ratification.

In the General Assembly read three times and ratified, this the 26th day of May, 1959.