The Dare County Land Use Plan shall serve as the comprehensive plan consistent with G.S. 160D-501. The Dare County Land Use Plan sets forth goals, policies, and programs intended to guide the present and future physical, social, and economic development of the jurisdiction. This plan shall be reasonably maintained by Dare County. Any updates to the Plan shall be adopted by the Board of Commissioners following the legislative decision process set forth in Sections 22-72 and 22-84 of this ordinance. The planning process for updates to the plan shall include opportunities for citizen engagement. The Dare County Planning Board shall serve as the advisory committee for any update process. Updates to the land use plan shall also follow any guidelines and procedures for certification by the State of North Carolina Coastal Resources Commission or Division of Coastal Management as required by state regulations.
(a) Statement of Consistency: The Board of Commissioners shall approve a statement describing whether the action is consistent or inconsistent with the Land Use Plan. A plan consistency statement may be fulfilled by a clear indication in the official minutes that the Board of Commissioners was aware and considered the Planning Board's recommendation and any relevant portions of the Land Use Plan.
If a map amendment is adopted and the action is deemed to be inconsistent with the Land Use Plan, then the amendment shall have the effect of also amending the future land use map in the Land Use Plan. Any amendment that results in changes to the future land use map shall be submitted to review by the North Carolina Coastal Resources Commission or the Division of Coastal Management as required by State regulations. If a zoning map amendment qualifies as a large-scale rezoning under G.S. 160D-602(b), the Board of Commissioners statement shall address the overall rezoning and describe the analysis and policies in the Land Use Plan that were considered in their recommendation.
(b) Statement of Reasonableness: When adopting or rejecting any petition for a zoning text or map amendment, a statement explaining the reasonableness of the proposed zoning amendment shall be approved by the Board of Commissioners. The statement of reasonableness may consider, among other factors: the size, physical conditions and other attributes of any area proposed to be rezoned; the benefits and detriments to the landowners, the neighbors, and the surrounding community; the relationship between the current actual and permissible development and the development permissible under the proposed amendment; why the action taken is in the public interest; and any changed conditions warranting the amendment.
If a zoning map amendment qualifies as a large-scale rezoning under G.S. 160D- 602(b) the reasonableness statement may address the overall rezoning.
A statement of reasonableness and a statement of consistency with the land use plan may be combined into a single statement by the Board of Commissioners.
(Ord. passed 6-21-2021)