Banner Elk City Zoning Code
PLANNING BOARD
§ 152.300 PROCEEDINGS OF THE PLANNING BOARD.
(A) A Planning Board is hereby established. Said board shall consist of nine members; five of which shall be appointed by the Town Council and four members representing the extraterritorial planning jurisdiction which shall be appointed by the County Commissioners for terms of four years. Any vacancy in the membership shall be filled for the un-expired term in the same manner as the initial appointment. Members may be reappointed and shall serve at the pleasure of the Council.
(Ord. passed 3-14-2005; Ord. passed 10-10-2016; Ord. passed 3-14-2019, § 1150)
(B) (1) The Planning Board shall elect a Chairperson and a Vice Chairperson from its members who shall serve for one year or until reelected or until their successors are elected.
(2) The Board shall appoint a Secretary, who may be a municipal officer, an employee of the town or a member of the Planning Board.
(3) The Board shall adopt rules and bylaws in accordance with the provisions of this chapter and of G.S. Ch. 160D, Art. 2. Meetings of the Board shall be held at the call of the Chairperson, and at such other times as the Board may determine.
(4) The Chairperson or, in his or her absence, the Vice Chairperson may administer oaths. All meetings of the Board shall be open to the public.
(Ord. passed 3-14-2005; Ord. passed 10-10-2016; Ord. passed 3-14-2019, § 1151)
§ 152.301 ARCHITECTURAL REVIEW COMMITTEE.
(B) The Planning Board shall have 45 days after the first consideration of the application within which to:
(1) Approve;
(2) Deny; or
(3) Approve with conditions, the application.
(Ord. passed 3-14-2005; Ord. passed 10-10-2016; Ord. passed 3-14-2019, § 1152)
§ 152.302 DUTIES.
(A) The Planning Board shall provide an advisory function to assist in making decisions pertaining to amendments to a comprehensive plan and this chapter, and applications for conditional use permit approval.
(B) The Planning Board shall have the following powers and duties:
(1) To exercise any of the powers and/or duties assigned pursuant to G.S. § 160A-361 including, but not limited to, the preparation of a comprehensive plan;
(2) To prepare amendments to the plan and its elements and to submit the amendments to the Council;
(3) To initiate, hear, review and make recommendations to the Council on applications for amendments to the text of this chapter;
(4) To initiate, hear, review and make recommendations to the Council on applications for amendments to the Official Zoning Map;
(5) To hear, review and make recommendations on all applications for major subdivision approval in accordance with the rules and regulations established in Ch. 151 of this chapter;
(6)
To review applications for conditional use permits to provide input to the applicant. The authority of the Board in such cases is as an advisory body.
(7) To adopt bylaws, policies, procedures and regulations for the conduct of its meetings, the consideration of applications for development approval, and for any other purposes deemed necessary for the functioning of the Board. All bylaws, policies, procedures and regulations shall be consistent with this chapter.
(Ord. passed 3-14-2005; Ord. passed 10-10-2016; Ord. passed 3-14-2019, § 1153)
§ 152.303 REASONABLE ACCOMMODATIONS.
(A) The Board of Adjustment is authorized to grant reasonable accommodations under the Federal Fair Housing Act, Americans with Disabilities Act and Rehabilitation Act under the circumstances set forth in this section.
(B) An application for a reasonable accommodation may be filed only by the owner of the land affected by the reasonable accommodation; an agent, lessee or contract purchaser specifically authorized by the owner of file such application; or any unit of government that is not the owner of the lot but proposes to acquire the lot by purchase, gift or condemnation.
(C) (1) An application for a reasonable accommodation shall be filed with the Zoning Administrator and contain:
(a) The applicant’s contact information (name, mailing address, telephone number, fax number and email address);
(b) The contact information for the owner(s) of the property (if different from the applicant);
(c) The address of the property at which the reasonable accommodation is requested;
(d) A description of the reasonable accommodation requested;
(e) A statement explaining how and why the request meets the standards for a reasonable accommodation (see division (C)(1)(f) below); and
(f) The notarized signature of the applicant and property owner(s) (if different from the applicant).
(2) No filing fee shall be required for the application.
(D) The Board shall hold a quasi-judicial hearing on the proposed reasonable accommodation and shall decide the request upon a majority vote of the members.
(E) The quasi-judicial hearing shall be noticed in accordance with the requirements set forth in state law for the adequate notice of variances from municipal government land use ordinances.
(F) The Board shall grant a reasonable accommodation to any provision of the land use ordinance if the Board finds that the applicant carried its burden of proof, by the greater weight of the evidence, that the proposed reasonable accommodation is both reasonable and necessary, in accordance with the following:
(1) “Reasonable”: an accommodation will be determined to be reasonable if it would not undermine the legitimate purposes and effects of existing zoning regulations, and if it will not impose significant financial and administrative burdens upon the municipality and/or constitute a substantial or fundamental alteration of the municipality’s land use ordinance provisions; and
(2) “Necessary”: an accommodation will be determined to be necessary if it would provide direct or meaningful therapeutic amelioration of the effects of the particular disability or handicap and would afford disabled or handicapped persons equal opportunity to enjoy and use housing in residential districts in the municipality.
(G) After the Board approved a reasonable accommodation, the applicant shall follow all applicable land use ordinance procedures and regulations for the approval of any permits, certificates or other approvals required in order to proceed with development or use of the property. All orders, decisions, determinations and interpretations made by administrative officers under those procedures shall be consistent with the reasonable accommodations granted by the Board.
(Ord. passed 3-14-2005; Ord. passed 10-10-2016; Ord. passed 2-11-2019; Ord. passed 3-14-2019, § 1154)