For the purposes of this chapter, the town's planning and development regulation jurisdiction are hereby divided into the following districts with appropriate designation and zoning purpose for each:

CD Conditional Districts.

(Amend. of 12-11-2012(2); Ord. of 6-8-2021(2))

(A)

Per G.S. 160D-703, property may be placed in a conditional district only in response to a petition by all owners of the property to be included. Specific conditions may be proposed by the petitioner or the town or its agencies, but only those conditions approved by the town and consented to by the petitioner in writing may be incorporated into the zoning regulations. Unless consented to by the petitioner in writing, in the exercise of the authority granted by this section, the town may not require, enforce, or incorporate into the zoning regulations any condition or requirement not authorized by otherwise applicable law, including, without limitation, taxes, impact fees, building design elements within the scope of G.S. 160D-702(b), driveway-related improvements in excess of those allowed in G.S. 136-18(29) and G.S. 160A-307, or other unauthorized limitations on the development or use of land.

(B)

Conditions and site-specific standards imposed in a conditional district shall be limited to those that address the conformance of the development and use of the site to this ordinance, plans adopted pursuant to G.S. 160D-501, or the impacts reasonably expected to be generated by the development or use of the site.

(C)

The zoning regulation may provide that defined minor modifications in conditional district standards that do not involve a change in uses permitted or the density of overall development permitted may be reviewed and approved administratively. Any other modification of the conditions and standards in a conditional district shall follow the same process for approval as are applicable to zoning map amendments. If multiple parcels of land are subject to a conditional zoning, the owners of individual parcels may apply for modification of the conditions so long as the modification would not result in other properties failing to meet the terms of the conditions. Any modifications approved apply only to those properties whose owners petition for the modification.

(D)

When deciding Conditional Districts the Town Council and Planning Board must follow legislative procedures.

(E)

Underlying Conventional District Regulations apply.

(1)

Underlying regulations apply: Within Conditional Districts, all requirements of any corresponding conventional zoning district, and all other requirements of this Ordinance shall apply except to the extent that the approved conditions are more restrictive than those requirements.

(2)

Uses Within District: Within a companion Conditional District, only those uses authorized as "permitted or special uses" within the underlying companion district shall be allowed to be permitted..

(F)

District and Permit Petition and Application.

(1)

Petition for Conditional District must be submitted along with required information at least 30 days prior to a regularly scheduled Planning Board meeting.

(2)

The owner or owners of property being requested for designation and permitted as a Condition District shall submit a map of the property with accurate meets and bounds of the property, a proposed site plan of the property that identifies all structures and features existing on the property along with any proposed changes or additions to the structures and property, driveway access, parking area, buffering, utility connections and easements.

(3)

The Planning Board must make a written recommendation to the Town Council on whether the proposed action is consistent with any comprehensive plan that has been adopted and any other officially adopted plan that is applicable. The written recommendation should address comprehensive plan consistency and other matters as deemed appropriate by the planning board, but a comment by the planning board that the proposal is inconsistent with the comprehensive plan shall not preclude consideration or approval of the proposed amendment by the town council. The Town Council shall hold an advertised legislative public hearing and provide public notice per G.S. 160D-602.

(Amend. of 12-11-2012(2); Ord. of 6-8-2021(2))

(A)

A town shall not adopt or enforce any ordinance, rule, regulation, or resolution that regulates either:

(1)

Forestry activity on forestland that is taxed on the basis of its present-use value as forestland under G.S. ch. 105, art. 12.

(2)

Forestry activity that is conducted in accordance with a forest management plan that is prepared or approved by a forester registered in accordance with G.S. ch. 89B.

(B)

This section shall not be construed to limit, expand, or otherwise alter the authority of a town to:

(1)

Regulate activity associated with development. A town may deny a building permit or refuse to approve a site or subdivision plan for either a period of up to:

(a)

Three years after the completion of a timber harvest if the harvest results in the removal of all or substantially all of the trees that were protected under town regulations governing development from the tract of land for which the permit or approval is sought.

(b)

Five years after the completion of a timber harvest if the harvest results in the removal of all or substantially all of the trees that were protected under town regulations governing development from the tract of land for which the permit or approval is sought and the harvest was a willful violation of the town regulations.

(2)

Regulate trees pursuant to any local act of the General Assembly.

(3)

Adopt ordinances that are necessary to comply with any federal or State law, regulation, or rule.

(4)

Exercise its planning or zoning authority under this Article.

(5)

Regulate and protect streets under Article 15 of this Chapter.

(Amend. of 12-11-2012(2))

(A)

A county, town, consolidated town-county, or unified government shall not prohibit an official governmental flag from being flown or displayed if the official governmental flag is flown or displayed:

(1)

In accordance with the patriotic customs set forth in 4 U.S.C. 5-10, as amended; and

(2)

Upon Private or public property with the consent of either the owner of the property or of any person having lawful control of the property.

(B)

Notwithstanding subsection (A) of this section, for the purpose of protecting the public health, safety, and welfare, reasonable restrictions on flag size, number of flags, location, and height of flagpoles are not prohibited, provided that such restrictions shall not discriminate against any official governmental flag in any manner.

(C)

For purposes of this section, an 'official governmental flag' shall mean any of the following:

(1)

The flag of the United States of America.

(2)

The flag of nations recognized by the United States of America.

(3)

The flag of the State of North Carolina.

(4)

The flag of any state or territory of the United States.

(5)

The flag of a political subdivision of any state or territory of the United States.

(Amend. of 12-11-2012(2))

(A)

Alternates. The town council may, in its discretion, appoint and provide compensation for alternate members to serve on the board in the absence or temporary disqualification of any regular member or to fill a vacancy pending appointment of a member. Alternate members shall be appointed for the same term, at the same time, and in the same manner as regular members. Each alternate member, while attending any regular or special meeting of the council and serving on behalf of any regular member, shall have and may exercise all the powers and duties of a regular member.

(Amend. of 12-11-2012(2); Ord. of 6-8-2021(2))

BOA Reference

(1)

Per G.S. 160D-109, a member of any board exercising quasi-judicial functions pursuant to this ordinance shall not participate in or vote on any quasi-judicial 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.

(6)

Vacancies/disqualified. For the purposes of this subsection, vacant positions on the board and members who are disqualified from voting on a quasi-judicial matter shall not be considered "members of the board" for calculation of the requisite supermajority if there are no qualified alternates available to take the place of such members.

(C)

Special Use Permit voting. No vote greater than a majority vote shall be required for the town council to issue such permits. For the purposes of this section, vacant positions on the council/board and members who are disqualified from voting on a quasi-judicial matter shall not be considered "members of the council/board" for calculation of the requisite majority.

(Amend. of 12-11-2012(2); Ord. of 6-8-2021(2))

Editor's note— An ordinance adopted June 8, 2021(2), deleted part 153.183 entitled "Use Variances," which derived from an amendment adopted on Dec. 11, 2012(2).

(A)

Shall provide the Planning Board with 30 days to render a recommendation. (Failure to act within prescribed time shall be deemed as a waiver of this responsibility.)

(Amend. of 12-11-2012(2); Ord. of 6-8-2021(2))

(A)

Published hearing notices.

(1)

Mailed Notices. 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 legislative 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 10 but not more than 25 days prior to the date of the legislative hearing. If the zoning map amendment is being proposed in conjunction with an expansion of municipal extraterritorial planning and development regulation jurisdiction under G.S. 160D-202, a single hearing on the zoning map amendment and the boundary amendment may be held. In this instance, the initial notice of the zoning map amendment hearing may be combined with the boundary hearing notice and the combined hearing notice mailed at least 30 days prior to the legislative hearing.

(2)

Optional Notice for Large-Scale Zoning Map Amendments. The first-class mail notice required under subsection (A)(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 local government elects to use the expanded published notice provided for in this subsection. In this instance, a local government may elect to make the mailed notice provided for in subsection (A)(1) of this section or, as an alternative, elect to publish notice of the legislative 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 (A)(1) of this section.

(B)

Posted hearing notices. When a zoning map amendment is proposed, the town shall prominently post a notice of the legislative public hearing on the site proposed for rezoning 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 town shall post sufficient notices to provide reasonable notice to interested persons.

(Amend. of 12-11-2012(2); Ord. of 6-8-2021(2))

(A)

Planning Board conflict of interest. Per G.S. 160D-109, planning board members shall not vote on any advisory or legislative decision regarding a development regulation adopted pursuant to this ordinance where the outcome of the matter being considered is reasonably likely to have a direct, substantial, and readily identifiable financial impact on the member. 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.

(B)

Planning Board Statement. The planning board shall advise and comment on whether the proposed amendment is consistent with any 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 town council 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 town council.

(Amend. of 12-11-2012(2); Ord. of 6-8-2021(2))

(A)

Per G.S. 160D-603, if any resident or property owner in the Town's planning and development regulation jurisdiction submits a written statement regarding a proposed amendment to this ordinance, including a text or map amendment that has been properly initiated as provided in G.S. 160D-601, to the Town Clerk at least two business days prior to the proposed vote on such change, the Town Clerk shall deliver such written statement to the Town Council. If the proposed change is the subject of a quasi-judicial proceeding under G.S. 160D-705 or any other statute, the Town Clerk shall provide only the names and addresses of the individuals providing written comment, and the provision of such names and addresses to all members of the Town Council shall not disqualify any member from voting.

(Amend. of 12-11-2012(2); Ord. of 6-8-2021(2))

Editor's note— Formerly entitled "Public Dissent," which was retitled by Ord. of 6-8-2021(2).

(A)

(1)

Town Council statement. Per G.S. 160D-605, prior to adopting or rejecting any zoning amendment, the town council shall approve a brief statement describing whether its action is consistent or inconsistent with an adopted comprehensive plan. The requirement for a plan consistency statement may also be met by a clear indication in the minutes of the town council at the time of action on the amendment the town council was aware of and considered the planning board's recommendations and any relevant portions of an 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 plan amendment and a zoning amendment may be considered concurrently. The plan consistency statement is not subject to judicial review. If a zoning map amendment qualifies as a "large-scale rezoning" under G.S. 160D-602(b), the town council 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.

(B)

Town Council; conflict of interest. A town council member shall not vote on any legislative decision regarding a development regulation adopted pursuant to this ordinance where the outcome of the matter being considered is reasonably likely to have a direct, substantial, and readily identifiable financial impact on the member. A town council 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.

(Amend. of 12-11-2012(2); Ord. of 6-8-2021(2))

(A)

Special use permits. The regulations may also provide that the town council may issue special use permits in the classes of cases or situations and in accordance with the principles, conditions, safeguards, and procedures specified therein and may impose reasonable and appropriate conditions and safeguards upon these permits.

(B)

Special use procedures. When deciding special use permits, the town council shall follow quasi-judicial procedures.

(C)

In order for any special use permit to be granted, the applicant shall present sufficient evidence at the evidentiary public hearing to enable the town council to find that the following general conditions exist:

(1)

That the use will not materially endanger the public health, safety or general welfare if located where proposed and developed according to the plan as submitted and approved.

(2)

That the use meets all required general and specific conditions.

(3)

If developed according to the plan as submitted and approved, will be in harmony with the area in which it is to be located and in general conformity with the adopted comprehensive plan.

(Amend. of 12-11-2012(2); Ord. of 6-8-2021(2))

(A)

Per G.S. 160D-108, any type of application associated with this ordinance which has been officially filed with the appropriate Town official prior to the effective date of this ordinance or any amendment thereto, may continue to be processed under the land use rules and regulations in effect prior to said date, or the applicant may decide to request the application be processed under the new rules and regulations.

(B)

The application must remain active. An application is considered active of revisions are resubmitted within six (6) months of receiving review comments.

(C)

If the application is not resubmitted within six (6) months of receiving review comments, then the application process may be completed only in strict compliance with the requirements of this ordinance.

(D)

The specified time may be extended at the discretion of the Town due to delays in approvals from agencies external to the Town of Ahoskie.

(E)

In accordance with G.S. 160D-108(b) and G.S. 143-755, an application submitted for one permit may trigger permit choice for other associated development permits. The applicant must request that the permit choice rule be applied in order for permit choice to be in effect.

(F)

Pursuant to G.S. ch. 160D, any Conditional Use Permit approved prior to the adoption of this subsection that is valid and legal is hereby transformed into an identical Special Use Permit subject to all established conditions and applicable standards of this Ordinance.

(Ord. of 6-8-2021(2))