Zoning and regulation of development are based upon three separate types of authority as described below. Depending upon the development decision before them, the various Boards and personnel responsible for zoning and regulation of development within Fairmont may utilize these authorities.
(A) Administrative authority. Means the authority to make decisions in the implementation, administration, or enforcement of development regulations that involve the determination of facts and the application of objective standards set forth in G.S. Chapter 160D or local government development regulations. An administrative decision may include an administrative hearing to gather facts needed to make an administrative decision. These are sometimes referred to as ministerial decisions or administrative determinations. This authority is typically exercised by the planning staff of the jurisdiction. For similar state law provisions, refer to G.S. § 160D-102.
(B) Legislative authority. Means the authority to adopt, amend, or repeal a regulation under G.S. Chapter 160D or an applicable local act. The term also includes the decision to approve, amend, or rescind a development agreement consistent with the provisions of G.S. Chapter 160D, Article 10. Legislative decisions often require a hearing to solicit public comment on a proposed legislative decision. This authority is typically exercised by the governing board of the jurisdiction. For similar state law provisions, refer to G.S. § 160D-102.
(C) Quasi-judicial authority. Means the authority to make decisions involving the finding of facts regarding a specific application of a development regulation and which requires the exercise of discretion when applying the standards of the regulation. The term includes, but is not limited to, decisions involving variances, special use permits, certificates of appropriateness, and appeals of administrative determinations. Decisions on the approval of subdivision plats and site plans are quasi-judicial in nature if the regulation authorizes a decision-making board to approve or deny the application based not only upon whether the application complies with the specific requirements set forth in the regulation, but also on whether the application complies with one or more generally stated standards requiring a discretionary decision on the findings to be made by the decision-making board. This authority is typically exercised by the Board of Adjustment. For similar state law provisions, refer to G.S. § 160D-102 and G.S. § 160D-406.
(Ord. 23-241, passed 7-18-2023)