Article I - General Provisions
[Adopted by the Henderson County Board of Commissioners. Amended 9- 19-2007; 2- 20-2013]
§42-1.
  Title
This Chapter shall be known and may be cited as the “Land Development Code of Henderson County, North
Carolina.”
§42-2.
  Statutory Authority
This Chapter is adopted pursuant to the authority vested in Henderson County, North Carolina by the North Carolina
applicable to counties by Chapter 153A-341.1); Chapter 153A-121 and Chapter 113A-209.
§42-3.
  Purpose
These regulations have been adopted in accordance with the “Henderson County 2020 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.
§42-4.
  Jurisdiction
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 §160A-360). 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.
§42-5.
  Rules of Construction
A.
Meaning of Terms. Unless specifically defined in this Chapter the words and phrases used in this Chapter
shall have their customary meanings or shall be as defined in a standard dictionary. The specific definitions
listed in Article XIV shall be applicable in all districts, unless specifically limited to particular districts or
sections. 
B.
Tense. Words used in the present tense include the future tense.
C.
Number. Words used in the singular number include the plural number and the plural number includes the
singular number unless the context of the particular usage clearly indicates otherwise.
  
D.
Shall, Must, Will, May and Should. The words “shall,” “must” and “will” are mandatory in nature,
implying an obligation or duty to comply with the particular provision. The word “may” is permissive in
nature. The word “should” indicates that compliance is encouraged, but is not mandatory.
E.
Used and Occupied. The words "used" or "occupied" include the words "intended, designed or arranged to
be used or occupied."
F.
Fractional Requirements. When any requirement of this Chapter results in a fraction of a unit, the fraction
shall be disregarded.
G.
Text Controls in Event of Conflict. In the event of a conflict or inconsistency between the text of this
Chapter and any heading, caption, figure, illustration, table, or map, the text shall control.
§42-6.
  Official Zoning Map
The “Official Zoning Map of Henderson County,” hereinafter the “Official Zoning Map” shall be maintained 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 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.
§42-7.
  Interpretation of District Boundaries
The following rules of interpretation shall be applicable to the zoning map:
A.
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.
B.
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:
a.
The centerlines of roads, highways or alleys shall be construed to follow those
centerlines;
b.
Platted lot lines shall be construed as following those lot lines;
c.
The centerlines of streams, rivers or other bodies of water shall be construed to follow
those centerlines; and 
d.
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.
§42-8.
  Compliance
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.
§42-9.
  Farm Exemption
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.
§42-10.
  Principal Use
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.
§42-11.
  Location of a Nonresidential Use
Unless otherwise provided or implied by the context or description/definition of a use, nonresidential uses shall be
deemed to be located:
 
A. 
where the customer goes to receive the services and/or product offered by the use; and/or 
B. 
where the product/merchandise/supplies/equipment/furniture or other personal property associated 
with the use is kept, stored or otherwise housed. 
§42-12.
Relation to the Comprehensive Plan
The administration, enforcement and amendment of this Chapter shall be accomplished with consideration of
recommendations presented in the documents comprising the “Henderson County 2020 Comprehensive Plan”
hereinafter “Comprehensive Plan.”
§42-13.
Through 42. 21. (Reserved)