Loading...
(a) Establishment of the board; qualifications. A planning board is hereby established consisting of nine voting members and one representative from the board of county commissioners and one representative from the board of education who will serve as nonvoting, ex officio members. All members shall reside within the county and shall be appointed by the board of commissioners.
(b) Tenure. Members of the planning board shall be appointed to serve terms of three years, and until their respective successors have been appointed and qualified. Vacancies shall be filled for the unexpired term only.
(c) Officers. The planning board shall elect one member to serve as chairman and preside over its meetings, and shall create and fill such offices and committees as it may deem necessary. The term of the chairman and other offices shall be one year, with eligibility to serve consecutive terms.
(d) Powers of the board. The planning board shall have the following powers and duties:
(1) To make studies of the general development characteristics and problems of the county, including surveys and inventories of an appropriate nature, and to recommend standards and policies of development for the county or any portion thereof, or any project to be undertaken in this chapter;
(2) To seek to coordinate the activities of individuals and public agencies and organizations whose plans, activities, and programs bear on the general development of the county;
(3) To undertake, on its own or in collaboration with any other board, commission, agency, society, or organization, any programs of information, research, or analysis relating to any matters under its purview;
(4) To cooperate with other boards, commissions, or agencies of the county or other governmental unit in offering or requesting assistance, guidance, or advice concerning matters under the board's purview or of mutual interest;
(5) To formulate and recommend to the board of commissioners the adoption or amendment of ordinances that, in the opinion of the board will serve to promote the orderly development of the county in accordance with the comprehensive plan;
(6) To promote public interest in an understanding of its recommendations, studies, and plans, and to prepare, publish, and distribute to the public such studies and reports that, in the opinion of the board, will promote the orderly development of the county in accordance with the comprehensive plan and other county development policies;
(7) To request the board of commissioners to hold public hearings on matters within the purview of the board;
(8) To enter, at reasonable times, upon private lands and make examinations or surveys as necessary for the performance of its official duties;
(9) To conduct public meetings and hearings, giving reasonable notice to the public thereof;
(10) To review and make recommendations to the board of commissioners on special use permit applications where appropriate, and on proposed amendments to development ordinances and the zoning atlas;
(11) To review and take action on proposed plats for subdivision for conformity with land development regulations, in accordance with article III of this chapter;
(12) To establish an advisory council or other committees within its membership as it may deem necessary;
(13) To recommend that one of its members serve as a liaison with the county board of adjustment; and
(14) To exercise such other powers and to perform such other duties as are authorized or required elsewhere in this chapter, the General Statutes, or by the board of county commissioners.
(e) Meetings. The planning board shall establish a regular meeting schedule, and shall meet at least monthly and more often as it shall determine and require. All meetings of the board shall be open to the public, and reasonable notice of the time and place thereof shall be given to the public, in accordance with G.S. 143-138.9 et seq. The board shall keep a record of its meetings, including attendance of its members, its resolutions, findings, recommendations and actions. In case of a divided vote on any question on which the board is required to act, the record shall include the vote of each member.
(f) Attendance at meetings. Any member of the planning board who misses more than two regular meetings in a six-month period shall constitute grounds for the loss of status as a member of the board, and may be replaced by the board of commissioners. Absence due to a sickness, death, or other emergency of like nature shall be recognized as an excused absence, and shall not affect the member's status on the board, except that in the event of a long illness or other such cause for prolonged absence, the member shall be replaced.
(g) Quorum and voting. A quorum of the planning board, necessary to take any official action, shall consist of six members. The concurring vote of a simple majority of those members present shall be necessary to take any official action.
(h) Avoiding conflicts of interest. Planning board members shall adhere to the following conflict of interest provisions required by G.S. 160D-109:
(1) Financial conflicts. Members of the planning board shall not vote on any advisory or legislative decision regarding a development regulation adopted pursuant to this chapter where the outcome of the matter being considered is reasonably likely to have a direct, substantial, and readily identifiable financial impact on the member.
(2) Relationship conflicts. A planning board member shall not vote on any zoning amendment if the landowner of the property subject to a rezoning petition or the applicant for a text amendment is a person with whom the member has a close familial, business, or other associational relationship.
(3) Shall not participate in or vote on any quasijudicial matter in a manner that would violate affected persons' constitutional rights to an impartial decision maker. Impermissible violations of due process include, but are not limited to, a member having a fixed opinion prior to hearing the matter that is not susceptible to change, undisclosed ex parte communications, a close familial, business, or other associational relationship with an affected person, or a financial interest in the outcome of the matter.
(4) If an objection is raised to a board member's participation at or prior to the hearing or vote on a particular matter and that member does not recuse himself or herself, the remaining members of the board shall by majority vote rule on the objection.
(Ord. of 7-10-2000, § 15.2; Ord. of 1-14-2002; Amend. of 4-2-2007; Amend. of 3-3-08(1); Amend. of - - )
(a) Establishment of the board; qualifications. A board of adjustment consisting of five members and two alternate members is established. The five members and two alternates shall reside within the county and shall be appointed by the board of commissioners. Each alternate member shall sit as a regular member on any matter in the absence of a regular member. Members shall serve without compensation.
(b) Tenure. Members of the board of adjustment shall be appointed to serve terms of three years, and until their respective successors have been appointed and qualified. The terms of the original members may be staggered so that all terms do not expire simultaneously. Vacancies shall be filled for the unexpired term only.
(c) Officers. The board of adjustment shall elect one member to serve as chairman and preside over its meetings, and shall create and fill such offices and committees as it may deem necessary. The term of the chairman and other offices shall be for one year, with eligibility for reelection to a second term. The chairman or any member temporarily acting as chairman is authorized to administer oaths to any witnesses in any matter coming before the board.
(d) Powers of the board. The board of adjustment shall have the following powers:
(1) To hear and decide appeals from any decision or determination made by the planning director in the performance of his duties in the enforcement of this chapter;
(2) To hear and decide requests for variances from the dimensional regulations of this chapter, in accordance with article X of this chapter;
(3) To make interpretations of the zoning atlas, including disputed questions on zoning district boundary lines or lot lines, and similar questions as they arise in the administration of this chapter;
(4) To enter, at reasonable times, upon private lands and make examinations or surveys as necessary for the performance of its official duties;
(5) To request the board of commissioners to hold public hearings on matters within the purview of the board; and
(6) To hear and decide any other matter as required by the provisions of this chapter.
(e) Meetings. The board of adjustment shall establish a regular meeting schedule and shall meet frequently enough so that it may take action as expeditiously as reasonably possible. All meetings of the board shall be open to the public and reasonable notice of the time and place thereof shall be given to the public in accordance with G.S. ch. 143, art. 33C. The board shall adopt rules of procedure and regulations for the conduct of its affairs. In considering appeals, variance requests, and interpretations, the board shall observe the quasijudicial procedural requirements set forth in article X of this chapter. The board shall keep a record of its meetings, including attendance of its members, the vote of each member on every question, a complete summary of the evidence submitted to it, documents submitted to it, and all official actions.
(f) Attendance at meetings. Any member of the board of adjustment who misses more than three consecutive regular meetings or more than half the regular meetings in a calendar year may lose his status as a member of the board, and shall be replaced by the board of commissioners. Absence due to sickness, death, or other emergency of like nature shall be recognized as an excused absence, and shall not affect the member's status on the board, except that in the event of a long illness or other such cause for prolonged absence, the member shall be replaced.
(g) Quorum and voting. A quorum of the board of adjustment, necessary to take any official action, shall consist of four members. The concurring vote of four-fifths of the membership of the board shall be necessary in order to:
(1) Approve an application for a variance;
(2) Reverse or modify a decision of the planning director in the case of applications for appeal; or
(3) Decide in favor of the applicant in any other matter on which the board is required to act by this chapter.
The concurring vote of a majority of those members present shall be necessary to conduct routine business of the board, to deny applications for variances; and, in the case of appeals, to affirm the decision of the planning director.
(h) Appeals of board of adjustment actions. Every decision of the board of adjustment may be appealed to the superior court by an aggrieved party. Such appeal shall be in the nature of certiorari and must be filed within 30 days of the filing of the decision in the office of the planning department or the delivery of the notice required in section 14-613 whichever is later.
(i) Avoiding conflicts of interest. Members of the board of adjustment shall not participate in or vote on any quasijudicial matter in a manner that would violate affected persons' constitutional rights to an impartial decision maker. Impermissible violations of due process include, but are not limited to, a member having a fixed opinion prior to hearing the matter that is not susceptible to change, undisclosed ex parte communications, a close familial, business, or other associational relationship with an affected person, or a financial interest in the outcome of the matter. If an objection is raised to a board member's participation at or prior to the hearing or vote on a particular matter and that member does not recuse himself or herself, the remaining members of the board shall by majority vote rule on the objection.
(Ord. of 7-10-2000, § 15.3; Amend. of 12-3-2007; Amend. of 9-8-2009; Amend. of - - )
Secs. 14-634—14-650. - Reserved.
(a) In order to establish and maintain sound, stable and desirable development within the planning jurisdiction of the county it is intended that this chapter shall not be amended except:
(1) To correct a manifest error in this chapter;
(2) Because of changed or changing conditions in a particular area of the jurisdiction generally; or
(3) To achieve the purposes of the comprehensive plan.
(b) It is further intended that, if amended, this chapter be amended only as reasonably necessary to the promotion of the public health, safety, or general welfare, and in conformance with the comprehensive plan.
(Ord. of 7-10-2000, § 16.1)
(a) A request to amend this chapter may be initiated by:
(1) The board of commissioners, on its own motion;
(2) The planning board, on the submittal of a request to the board of commissioners;
(3) The county manager, on submittal of a request to the board of commissioners; or
(4) Any property owner or citizen, or agent thereof, on submittal of an application to the planning director.
(b) All requests and applications for amendments to this chapter shall be acted on as provided in this division.
(c) No amendment to zoning regulations or a zoning map that down-zones property shall be initiated nor is it enforceable without the written consent of all property owners whose property is the subject of the down-zoning amendment, unless the down-zoning amendment is initiated by the county. For purposes of this section, down-zoning means a zoning ordinance that affects an area of land in one of the following ways:
(1) By decreasing the development density of the land to be less dense than was allowed under its previous usage.
(2) By reducing the permitted uses of the land that are specified in a zoning ordinance or land development regulation to fewer uses than were allowed under its previous usage.
(d) A request for a rezoning to a conditional zoning district may be made only by application from the owners of all the property included in the area proposed to be rezoned. This option is intended to support rezonings for firm development proposals with definitive plans that are customized to the context of a particular development project on a particular site. Each conditional zoning district includes one or more conditions of approval that help the project conform to the county’s adopted ordinances and plans, and mitigate the impacts reasonably expected to be generated by the development or use of the site.
(1) Conditions and requirements. The approval for each conditional district shall specify all conditions of development and use of land that differ from the requirements of the corresponding general use district. Specific conditions may be proposed by the petitioner, by staff, or by the board of commissioners, but only those conditions approved by the board of commissioners and consented to by the petitioner in writing may be incorporated into the zoning regulations. Such conditions must be designed to help the project conform to the county’s adopted ordinances and plans, and/or mitigate the impacts reasonably expected to be generated by the development or use of the site. Such conditions may be stricter than the corresponding general use district. Such conditions may also relax applicable standards, as long as no dimensional standard is relaxed by more than ten percent, the uses permitted by the corresponding general use district are not expanded, and the density of overall development is not increased beyond the density allowed in the corresponding general use district.
(2) Eligible uses. Uses allowed by right in the general use district are eligible to be considered in the corresponding conditional district, as modified by any conditions of approval.
(3) Development standards. Any proposed development within a conditional district must meet all requirements of the corresponding general use district, as modified by any conditions of approval.
(4) Submittal of site plan. This zoning option is intended only for development proposals that are ready to proceed from plan approval to construction in a timely manner. As a result, each project must include a site plan that meets the site plan requirements listed in this ordinance as modified by any site specific conditions.
(5) Relationship to overlay district standards. Regulations applicable in an overlay zoning district shall apply to a conditional zoning district. If the standards governing a conditional zoning district expressly conflict with those governing an overlay district, the more restrictive standards shall apply.
(e) Revisions to approved conditional zonings. Except as allowed under minor modifications below, all changes to approved conditional zonings are major amendments and shall follow the same process applicable for the original approval.
(1) Changes to individual parcels within a conditional zoning district. For a conditional zoning district applicable to multiple parcels, the owners of individual parcels may apply for minor modification or major amendment so long as the change would not result in other properties failing to meet the terms of the conditions. Any approved changes shall only be applicable to those properties whose owners petitioned for the change.
(2) Minor modifications. The planning director is authorized to review and approve administratively a minor modification to an approved conditional zoning, subject to the following limitations. The minor modification:
a. Does not involve a change in uses permitted or the density of overall development permitted;
b. Does not increase the impacts generated by the development on traffic, stormwater runoff, or similar impacts beyond what was projected for the original development approval; and
c. Meets all other ordinance requirements.
d. Site design minor modifications are limited adjustments to the terms or design of an approved development plan or plat, including a site plan attached as a condition to a conditional zoning. In addition to the general limitations for minor modifications, a site design minor modification must comply with underlying zoning standards and other applicable conditions of the approval and be limited to a minor change such as, without limitation, a minor adjustment to road configuration or internal circulation, a minor adjustment to building location, or a minor adjustment to utility alignment.
(3) Appeals and variances. A decision on a minor modification may be appealed to the board of adjustment as an administrative determination. An application for a minor modification does not preclude an applicant from seeking a variance from the board of adjustment.
(Ord. of 7-10-2000, § 16.2; Amend. of - - )
(a) Board of commissioners acceptance of requests. On receipt of an amendment request as provided in section 14-652, the board of commissioners may set a legislative public hearing on the request. If the board of commissioners sets a date for a legislative public hearing on a proposed amendment, it shall also refer the proposed amendment to the planning director and planning board for their consideration.
(b) Application submittal requirements. Applications for amendments to this chapter, as provided in section 14-652, shall be filed with the planning director. The planning director shall prescribe the form on which applications are made. Applications shall include the name and address of the owner of each zoning lot involved, and the relationship of the applicant and property owner in connection with the application. If the applicant or property owner is an entity other than an individual, the application shall also include detailed information regarding the principals of the entity. The planning director shall prescribe any other material that may reasonably be required to determine compliance with this chapter, with sufficient copies for necessary referrals and records. No application shall be accepted by the planning director unless it complies with such requirements. Applications which are not complete shall be returned forthwith to the applicant, with a notation of the deficiencies in the application.
(c) Planning director's report. When an amendment request is referred to the planning director or when he accepts an application for amendment, the planning director shall cause appropriate officials to determine if it conforms with the intent of this chapter and shall complete his report within 15 working days of the board of commissioners' referral of an amendment request or the acceptance of a complete application, and shall submit his report at the next regularly scheduled meeting of the planning board or within further time consented to by written notice from the applicant or by board of commissioner resolution. The time limits of this subsection for the planning director's review shall not apply to applications for rezoning to a conditional use district.
(d) Planning board review. The planning board shall review the request or application and the planning director's report and recommendations, and shall submit a written recommendation to the board of commissioners. The planning board shall advise and comment on whether the proposed action is consistent with the comprehensive plan that has been adopted and any other officially adopted plan that is applicable. The planning board shall provide a written recommendation to the governing board that addresses plan consistency and other matters as deemed appropriate by the planning board, but a comment by the planning board that a proposed amendment is inconsistent with the comprehensive plan shall not preclude consideration or approval of the proposed amendment by the governing board. If a zoning map amendment qualifies as a large-scale rezoning under G.S. 160D-602(b), the planning board statement describing plan consistency may address the overall rezoning and describe how the analysis and policies in the relevant adopted plans were considered in the recommendation made. The planning board shall prepare its recommendation within 35 days of the meeting at which the planning director's report is submitted to the planning board and shall forward its recommendation to the board of commissioners at the commissioner's next available public hearing scheduled for amendment applications or within such further time consented to in writing by the applicant or by board of commissioners resolution.
(e) Legislative public hearing. After it receives the planning director's report and the planning board's recommendation, the board of commissioners shall hold a legislative public hearing on the application of the next available regularly scheduled public hearing for amendment applications in order to receive comments, testimony and exhibits pertaining to the application. The board of commissioners shall adopt a schedule of public hearings by resolution.
(f) Public notice. Notice of the date, time, and place of the public hearing shall be published in a newspaper of general circulation in the planning jurisdiction once a week for two consecutive weeks, with the first notice to be published not less than ten nor more than 25 days prior to the date of the public hearing.
(1) Mailed notice. For zoning map amendments, the owners of affected parcels of land and the owners of all parcels of land abutting that parcel of land shall be mailed a notice of the hearing on a proposed zoning map amendment by first-class mail at the last addresses listed for such owners on the county tax abstracts. For the purpose of this section, properties are "abutting" even if separated by a street, railroad, or other transportation corridor. This notice must be deposited in the mail at least ten but not more than 25 days prior to the date of the hearing.
(2) Optional notice for large-scale zoning map amendments. The first-class mail notice required under subsection (1) of this section is not required if the zoning map amendment proposes to change the zoning designation of more than 50 properties, owned by at least 50 different property owners, and the county elects to use the expanded published notice provided for in this subsection. In this instance, the county may elect to make the mailed notice provided for in subsection (1) of this section or, as an alternative, elect to publish notice of the hearing as required by G.S. 160D-601, provided that each advertisement shall not be less than one-half of a newspaper page in size. The advertisement is effective only for property owners who reside in the area of general circulation of the newspaper that publishes the notice. Property owners who reside outside of the newspaper circulation area, according to the address listed on the most recent property tax listing for the affected property, shall be notified according to the provisions of subsection (1) of this section.
(3) Posted notice. When a zoning map amendment is proposed, the county shall prominently post a notice of the hearing on the site proposed for the amendment or on an adjacent public street or highway right-of-way. The notice shall be posted within the same time period specified for mailed notices of the hearing. When multiple parcels are included within a proposed zoning map amendment, a posting on each individual parcel is not required but the local government shall post sufficient notices to provide reasonable notice to interested persons.
(g) Planning director's report. After completion of the legislative public hearing, the planning director and county attorney shall review the record of the public hearing and the planning director shall prepare and submit to the board of commissioners a written report containing findings as to conformity with the intent of this chapter and a recommendation for action. Such report shall be submitted to the board of commissioners within 35 days after completion of the public hearing, or within further time as may be consented to in written notice from the applicant or by board of commissioner resolution.
(h) Board of commissioners' action. The board of commissioners shall review the application or request for amendment, the record of the public hearing, the planning board's recommendation and the planning director's report, and shall approve, or deny the application or request based on its findings as to conformity with the intent of this chapter.
(1) Plan consistency review. When adopting or rejecting any zoning text or map amendment, the board of commissioners shall approve a brief statement describing whether its action is consistent or inconsistent with the adopted comprehensive plan. If a zoning map amendment is adopted and the action was deemed inconsistent with the adopted plan, the zoning amendment shall have the effect of also amending any future land-use map in the approved plan, and no additional request or application for a plan amendment shall be required.
a. A plan amendment and a zoning amendment may be considered concurrently. The plan consistency statement is not subject to judicial review.
b. If a zoning map amendment qualifies as a large-scale rezoning under G.S. 160D-602(b), the governing board statement describing plan consistency may address the overall rezoning and describe how the analysis and policies in the relevant adopted plans were considered in the action taken.
(2) Additional reasonableness statement for rezonings. When adopting or rejecting any petition for a zoning map amendment, a statement analyzing the reasonableness of the proposed rezoning shall be approved by the board of commissioners. This statement of reasonableness may consider, among other factors, the following:
a. The size, physical conditions, and other attributes of the area proposed to be rezoned;
b. The benefits and detriments to the landowners, the neighbors, and the surrounding community;
c. The relationship between the current actual and permissible development on the tract and adjoining areas and the development that would be permissible under the proposed amendment;
d. Why the action taken is in the public intrest; and
e. Any changed conditions warranting the amendment.
If a zoning map amendment qualifies as a large-scale rezoning under G.S. 160D-602(b), the governing board statement on reasonableness may address the overall rezoning.
(3) Single statement permissible. The statement of reasonableness and the plan consistency statement required by this section may be approved as a single statement.
(i) Effect of denial or withdrawal on subsequent applications. When the board of commissioners shall have denied an application for amendment or the application shall have been withdrawn, by written notice, after publication of the first public hearing notice required in subsection (e) of this section, the planning director shall not accept another application for the same or similar amendment affecting the same property or a portion thereof, until the expiration of a 12-month period extending from the date of denial or withdrawal, as appropriate.
(j) Amended applications. If the applicant proposes any substantial changes to the application subsequent to acceptance of the application, an amended application shall be submitted and reviewed as an original application.
(k) Actions subsequent to decision. The planning director shall cause notice of the disposition of the application to be sent to the applicant and shall cause a copy of the decision to be filed in the office of the planning department.
(Ord. of 7-10-2000, § 16.3; Amend. of 12-1-2008; Amend. - - )
In accordance with General Statutes, approval of a special use permit shall constitute approval of a site specific vesting plan. Such approval shall establish a vested property right within the meaning of G.S. 160D-108.1 that expires two years after the date of the board of commissioners or planning board approval, where appropriate, if no building permit application has been filed. Such vested right shall only preclude subsequent ordinance changes affecting the type and intensity of development on the property for which the right has vested.
(Ord. of 7-10-2000, § 16.4; Amend. of - - )
Loading...