Loading...
(A) The
do hereby create a
under the authority of G.S. §
160D-301.
(1) The Swansboro
hereinafter referred to as the “
” shall have the authority to create and amend its own Rules and Procedures subject to the
review for comments at any time by an affirmative vote of a majority of the members of the
, provided that such amendment shall have first been presented to the membership in writing at a regular or special meeting.
(2) The
shall consist of seven members, five of whom shall be bonafide residents of the Town of Swansboro and two whom shall be bonafide residents of the “Area of
” of the Town of Swansboro hereinafter known as the “”. Representatives of the shall be appointed by the Onslow County Board of Commissioners. The Swansboro
shall by resolution request that these appointments be made. If within 90 days after receiving a resolution, an appointment has not been made, then the Swansboro
may make the appointment.
(3) Appointments shall be for staggered terms with all subsequent appointments being for three year terms. Should a vacancy occur, an appointment will be made to complete the unexpired term. Members shall have no limitation placed on the number of consecutive terms they may hold. The
may request termination of a member at their privilege and reappoint or not reappoint members.
(4) All members shall have equal rights, privileges, and duties with the other members regardless of whether the matters at issue arise within the town limits or within the .
(5) A quorum of the appointed members shall be the number needed to hold a meeting. A quorum is considered a majority of the members currently serving on the Board.
(6) Powers and duties of the
shall consist of:
(a) To prepare, review, maintain, monitor, and periodically update and recommend to the
a
, and such other plans as deemed appropriate, and conduct ongoing related research, data collection, mapping, and analysis.
(b) To facilitate and coordinate citizen engagement and participation in the planning process;
(c) Develop and recommend policies, ordinances,
s, administrative procedures, and other means for carrying out plans in a coordinated and efficient manner;
(d) Advise the
concerning the implementation of plans, including, but not limited to, review and comment on all zoning text and map amendments as required by G.S. § 160D-604;
(e) Exercise any functions in the administration and enforcement of various means for carrying out plans that the
may direct;
(f) To provide a preliminary forum for review of s, provided that no part of the forum or recommendation may be used as a basis for the deciding board; and
(g) Perform any other related duties that the
may direct.
(7) The
may conduct such public hearings as may be required to gather information necessary for the drafting, establishment and maintenance of the Comprehensive and Land Use plans, Zoning Ordinance, Subdivision Ordinance, or other studies the
deems necessary.
(B) Rules of conduct. Members of the Board may be removed for cause, including violation of any rule stated below.
(1) Faithful attendance at all meetings of the Board and conscientious performance of the duties required of members of the Board shall be considered a prerequisite of continuing membership on the Board.
(2) (a) No Board member shall vote on any advisory or legislative decision regarding a
where the outcome of the matter being considered is reasonably likely to have a direct, substantial, and readily identifiable financial impact on the member. An appointed 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
, business, or other associational relationship.
(b) 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 to rule on the objection.
(3) No Board member shall discuss any case with any parties thereto prior to the meeting on that case; provided however, that members may receive and/or seek information pertaining to the case from any other member of the Board, or staff prior to the meeting. Board members shall disclose publicly any contact made by any party to a matter before the Board.
(4) Members of the Board shall not express individual opinions on the proper judgment of any case with any parties thereto prior to the Board’s of that case. Violation of this rule shall be cause for dismissal from the Board.
(5) Members shall serve at the pleasure of the
.
(C)
review and comment.
(1) Initial zoning.
(a) The
shall prepare or shall review and comment upon a proposed zoning regulation, including the full text of such regulation and maps showing proposed district boundaries. The Planning Board may hold public meetings and legislative hearings in the course of preparing the regulation. Upon completion, the Planning Board shall make a written recommendation regarding adoption of the regulation to the
.
(b) The
shall not hold its required hearing or take action until it has received a recommendation regarding the regulation from the
. Following its required hearing, the Board of Commissioners may refer the regulation back to the Planning Board for any further recommendations that the Board may wish to make prior to final action by the
in adopting, modifying and adopting, or rejecting the regulation.
(2) Zoning amendments. Subsequent to initial adoption of a zoning regulation, all proposed amendments to the zoning regulation or zoning map shall be submitted to the
for review and comment. If no written report is received from the Planning Board within 30 days of referral, the
may act on the amendment without the Planning Board report. The Board of Commissioners is not bound by the recommendations, if any, of the Planning Board.
(3) Plan consistency.
(a) When conducting a review of proposed zoning text or map amendments, the Planning Board shall advise and comment on whether the proposed action is consistent with any
that has been adopted and any other officially adopted plan that is applicable. The Planning Board shall provide a written recommendation to the Board of Commissioners that addresses plan consistency and other matters as deemed appropriate, but a comment by the Planning Board that a proposed amendment is inconsistent with the
shall not preclude consideration or approval of the proposed amendment by the Board of Commissioners.
(b) 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.
(4) Review of other ordinances and actions. Any
other than a zoning regulation that is proposed to be adopted and any subsequent amendments to the regulation thereafter may be referred to the Planning Board for review and comment.
(Ord. 2005-O3, passed 3-15-2005; Am. Ord. 2006-11, passed 4-18-2006;Am. Ord. passed 1-16-2007; Am. Ord. 2010-O6, passed 2-16-2010; Am. Ord. 2010-O20, passed 7-20-2010; Am. Ord. 2021-O3, passed 5-24-2021)
APPEALS, VARIANCES, INTERPRETATIONS
(B) from the enforcement and interpretation of this chapter, may be taken to the
by any
aggrieved. An is taken by filing with the
and the
a written notice of specifying the grounds therefor. A notice of shall be filed with the Town Clerk or Town Deputy Clerk. The notice of must state the grounds for the and the date and time of filing.
(C) An must be taken within 30 days after the interested party or parties receive written notice of an order, requirement, decision, or
.
(D) Whenever an is filed, the
shall forthwith transmit to the
all the papers constituting the record relating to the action appealed from. A copy of the record shall also be provided to the appellant and to the
of the property that is subject to the if the appellant is not the
.
(E) After receipt of notice of , the Chairman of the
shall fix a reasonable time, not to exceed 60 days, for the hearing of the . All applications must be accompanied by an application fee as set by Town staff to help defray costs in advertising and administration.
(F) An stays all actions by the
seeking enforcement of or compliance with the order or decision appealed from, unless the
certifies to the
that (because of facts stated in the certificate) a stay would, in his opinion, cause imminent peril to life or property or because the violation is transitory in nature, a stay would seriously interfere with enforcement of the ordinance. In that case, proceedings shall not be stayed except by a restraining order which may be granted by a court. If enforcement proceedings are not stayed, the appellant may file with the official a request for an expedited hearing of the , and the
shall meet to hear the within 15 days after such a request is filed. All to the Superior Court and all applications to the Superior Court for a stay shall be made within 30 days of a party’s receipt of notice of the decision of the
. The official who made the decision being appealed shall be present at the hearing as a witness. The
may reverse or affirm (wholly or partly) or may modify the order, requirement, decision, or
appealed from and shall make any order, requirement, decision, or
that in its opinion ought to be made in the case before it. To this end, the board shall have all the powers of the officer from whom the is taken.
(Ord. 2005-O3, passed 3-15-2005; Am. Ord. passed 6-16-2009; Am. Ord. passed 1-21-2014; Am. Ord. 2021-O3, passed 5-24-2021)
When unnecessary hardships would result from carrying out the strict letter of a zoning regulation, the
shall vary any of the provisions of the zoning regulation upon a showing of all of the following:
(A) (1) Unnecessary hardship would result from the strict application of the regulation. It shall not be necessary to demonstrate that, in the absence of the variance, no reasonable use can be made of the property;
(2) Whether the hardship results from conditions that are peculiar to the applicant’s property, such as location, size, or topography. Hardships resulting from personal circumstances, as well as hardships resulting from conditions that are common to the neighborhood or the general public, may not be the basis for granting a variance. A variance may be granted when necessary and appropriate to make a reasonable accommodation under the Federal Fair Housing Act for a person with a disability;
(3) Whether the hardship is the result of the applicant’s own action(s). The hardship did not result from actions taken by the applicant or the property owner. The act of purchasing property with knowledge that circumstances exist that may justify the granting of a variance shall not be regarded as a self-created hardship; and
(4) The requested variance is consistent with the spirit, purpose and intent of the regulation, such that public safety is secured, and substantial justice is achieved.
(B) Any variance extending a nonconforming use shall be deemed not to be in harmony with the general purpose and intent of the ordinance and shall be deemed to violate its spirit.
(C) No change in permitted uses may be authorized by variance.
(D) If any of those issues are not resolved as indicated herein, then the Board of Adjustment shall deny the requested variance.
(E) In granting a variance, the Board of Adjustment may determine and prescribe reasonable conditions and safeguards upon which the variance is granted in order to ensure that the variance is in harmony with the general purpose and intent of the ordinance and preserves its spirit, and to ensure that the variance will assure the public safety and welfare and will provide substantial justice.
(F) Violation of any condition upon which a variance is granted shall be deemed a violation of this chapter.
(Ord. 2005-O3, passed 3-15-2005; Am. Ord. passed 1-21-2014; Am. Ord. 2021-O3, passed 5-24-2021)
(B) An application for a map interpretation shall be submitted to the
by filing a copy of the application with the
or Town Clerk. The application shall contain sufficient information to enable the board to make the necessary interpretation.
(C) Where uncertainty exists as to the boundaries of districts as shown on the Official Zoning Map, the following rules shall apply:
(1) Boundaries indicated as approximately following the centerlines of alleys,
, highways, streams, or railroads shall be construed to follow such centerline;
(2) Boundaries indicated as approximately following
, town limits, or extraterritorial boundary lines, shall be construed as following such lines, limits, or boundaries;
(3) Boundaries indicated as following shorelines shall be construed to follow such shorelines, and in the event of change in the shoreline shall be construed as following such shorelines;
(4) Where a district boundary divides a
or where distances are not specifically indicated on the Official Zoning Map, the boundary shall be determined by measurement, using the scale of the Official Zoning Map; and
(5) Where any
or
is hereafter officially vacated or abandoned, the regulations applicable to each parcel of abutting property shall apply to that portion of such
or
added thereto by virtue of such vacation or abandonment.
(D) Interpretations of the location of and floodplain boundary lines may be made by the
as provided in § 152.426.
(Ord. 2005-O3, passed 3-15-2005)
As provided in §§ 152.065 through 152.070, the
shall hear and decide all , requests, and requests for interpretations as expeditiously as possible, consistent with the need to follow regularly established agenda procedures, provide notice in accordance with § 152.066, and obtain the necessary information to make sound decisions.
(Ord. 2005-O3, passed 3-15-2005)
(A) When an is taken to the
in accordance with § 152.030(C), the
shall have the initial burden of presenting to the board sufficient evidence and argument to justify the order or decision appealed from. The burden of presenting evidence and argument to the contrary then shifts to the appellant, who shall also have the burden of persuasion.
(B) The burden of presenting evidence sufficient to allow the
to reach the conclusions set forth in § 152.046, as well as the burden of persuasion on those issues, remains with the applicant seeking the .
(Ord. 2005-O3, passed 3-15-2005)
Loading...