(A) It is the intention of the Board of Commissioners that this chapter implement the planning policies adopted for the Town of Fairmont, for the purpose of promoting the public health, safety, morals and general welfare; promoting the orderly development of the community; lessening congestion in the roads and streets; securing safety from fire, panic and other dangers; providing adequate light and air; preventing the overcrowding of the land; avoiding undue concentration of population; and facilitating the adequate provision of transportation, water, sewerage, schools, parks and other public requirements, all in accordance with a well-considered comprehensive plan, as reflected in the Comprehensive Plan and other planning documents. While the Board of Commissioners reaffirms its commitment that this chapter and any amendment to it be in conformity with adopted planning policies, the Board of Commissioners hereby expresses its intent that neither this chapter nor any amendment to it may be challenged on the basis of any alleged nonconformity with any planning document.
(1) Comprehensive plan required. As a condition of adopting and applying zoning regulations under G.S. Chapter 160D and this chapter, the Town of Fairmont shall adopt and reasonably maintain a comprehensive plan that sets forth goals, policies, and programs intended to guide the present and future physical, social, and economic development of the jurisdiction.
(a) The comprehensive plan sets forth the goals, policies and programs intended to guide coordinated, efficient, and orderly development within the planning and development regulation jurisdiction based on an analysis of present and future needs.
(b) Planning analysis supporting the plan may address inventories of existing conditions and assess future trends regarding demographics, economic, environmental, and cultural factors.
(c) The planning process shall include opportunities for citizen engagement in plan preparation and adoption.
For similar state law provisions, refer to G.S. § 160D-501.
(2) Other plans. In addition to a comprehensive plan, the town may prepare and adopt such other plans as deemed appropriate. This may include, but is not limited to, land use plans, small area plans, neighborhood plans, hazard mitigation plans, transportation plans, housing plans, and recreation and open space plans.
(a) If adopted pursuant to the process set forth in this section, such plans shall be considered in review of proposed zoning amendments.
For similar state law provisions, refer to G.S. § 160D-501.
(3) Contents. A comprehensive plan may, among other topics, address any of the following as determined by the town:
(a) Issues and opportunities facing the local government, including consideration of trends, the values expressed by citizens, community vision, and guiding principles for growth, and development.
(b) The pattern of desired growth and development and civic design, including the location, distribution, and characteristics of future land uses, urban form, utilities, and transportation networks.
(c) Employment opportunities, economic development, and community development.
(d) Acceptable levels of public services and infrastructure to support development, including water, waste disposal, utilities, emergency services, transportation, education, recreation, community facilities, and other public services, including plans and policies for provision of and financing for public infrastructure.
(e) Housing with a range of types and affordability to accommodate persons and households of all types and income levels.
(f) Recreation and open spaces.
(g) Mitigation of natural hazards such as flooding, winds, wildfires, and unstable lands.
(h) Protection of the environment and natural resources, including agricultural resources, mineral resources, and water and air quality.
(i) Protection of significant architectural, scenic, cultural, historical, or archaeological resources.
(j) Analysis and evaluation of implementation measures, including regulations, public investments, and educational programs.
For similar state law provisions, refer to G.S. § 160D-501(b).
(B) Adoption and effect of plans.
(1) Plans shall be adopted by the governing board with the advice and consultation of the planning board.
(2) Adoption and amendment of a comprehensive plan is a legislative decision and shall follow the process mandated for zoning text amendments set by G.S. § 160D-6-1.
(3) Plans adopted under this chapter may be undertaken and adopted as part of or in conjunction with plans required under other statutes, including but not limited to the plans required by G.S. § 113A-110.
(4) Plans adopted under this chapter shall be advisory in nature without independent regulatory effect. Plans adopted under this chapter do not expand, diminish, or alter the scope of authority for development regulations adopted under this chapter.
(5) Plans adopted under this section shall be considered by the planning board and governing board when considering proposed amendments to zoning regulations as required by G.S. § 160D-604 and § 160D-605.
(6) If a plan is deemed amended by G.S. § 160D-605 by virtue of adoption of a zoning amendment that is inconsistent with the plan, that amendment shall be noted in the plan. However, if the plan is one that requires review and approval subject to G.S. § 113A-110, the plan amendment shall not be effective until that review and approval is completed.
For similar state law provisions, refer to G.S. § 160D-501(c)
(Ord. 23-241, passed 7-18-2023)