7.1.1.

No person shall commence or proceed with development within the County's jurisdiction without first securing any development approvals from the County. This article includes the regulations for amendments to the text of the County's Zoning Ordinance or an amendment to the Official Zoning Map required by a rezoning of property.

7.1.2.

A development approval shall be in writing and shall contain a provision that the development work done shall comply with all applicable State and local laws.

7.1.3.

The County may issue development approvals in print or electronic form. Any development approval issued exclusively in electronic form shall be protected from further editing once issued.

7.1.4.

Applications for development approvals may be made by the landowner, a lessee or person holding an option or contract to purchase or lease land, or an authorized agent of the landowner. An easement holder may also apply for development approval for such development as is authorized by the easement.

State Law reference— G.S. 160D-403(a)

7.2.1.

As used under this Article the definition of "Legislative Decision" is contained in Article 2.

(a)

Legislative decisions are decisions made by the Board of Commissioners as the governing body of Bladen County.

(b)

Hearings which accompany Legislative decisions are referred to as Legislative Hearings and these seek public comment and opinion on a proposed policy change.

7.2.2.

As used under this Article the definition of "Development Regulation" is contained in Article 2.

7.3.1.

Procedure. The procedure for an amendment to the text of this Ordinance or to the Zoning Map shall include:

(a)

Initiation of amendment and filing with the County Clerk.

(b)

Public Meeting by the Planning Board; review and recommendation.

(c)

Legislative Hearing held by the Board of Commissioners.

(d)

Review and action by the Board of Commissioners.

(e)

A written determination by the Board of Commissioners in accordance with Section 7.6.

7.3.2.

Withdrawal. The petitioner shall have the right to withdraw, in writing, a zoning amendment petition at any time prior to a final decision by the Board of Commissioners. However, petitions that have been withdrawn shall be reconsidered only as a new petition.

7.3.3.

Initiation of Amendment. Any person or organization, including the County Board of Commissioners and the Planning Board, may petition the to amend this Ordinance. The petition, on a form approved by the Board of Commissioners, and the required filing fee shall be filed with the County Clerk twenty working days prior to the date of the Planning Board meeting at which the petition will be reviewed. The petition shall include, among other information that may be deemed relevant by the County Clerk:

(a)

The name, address, and phone number of the applicant.

(b)

A metes and bounds description and a scaled map of the land affected by the amendment if a change in zoning district classification is proposed.

(c)

A description of the proposed map change or a summary of the specific objective of any proposed change in the text of this Ordinance.

7.3.4.

Planning Board Review and Recommendation.

(a)

Upon receipt of a petition for an amendment, the County Clerk shall forward the request to the Planning Board for its consideration.

(b)

All proposed amendments to the zoning ordinance or zoning map shall be submitted to the Planning Board for review and comment. If no written report is received from the Planning Board within 30 days of referral of the amendment to that board, the Board of Commissioners may proceed in its consideration of the amendment without the Planning Board report. The Board of Commissioners is not bound by the recommendations, if any, of the Planning Board.

(c)

The Planning Board may, at its discretion, hold a separate public meeting from that held by the Board of Commissioners. Public meetings held by the Planning Board need not adhere to the hearing requirements outlined in Article 7 for public hearings held by the Board of Commissioners.

(d)

The Planning Board shall advise and comment on whether the proposed amendment (text or map) is consistent with any comprehensive plan or land development/use plan 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 by the Planning Board; however, a comment by the Planning Board that a proposed amendment is inconsistent with the comprehensive plan or land development/use plan shall not preclude consideration or approval of the proposed amendment by the Board of Commissioners.

(e)

In accordance with the requirements of Conflict of Interest, members of Planning Board shall not vote on recommendations regarding any zoning map or text amendment where the outcome of the matter being considered is reasonably likely to have a direct, substantial, and readily identifiable financial impact on the member.

7.3.5.

Hearing for Text Amendments. Before adopting, amending, or repealing any ordinance or development regulation authorized by G.S. chapter 160D, the County Board of Commissioners shall hold a legislative hearing.

(a)

A notice of the hearing shall be given once a week for two successive calendar weeks in a newspaper having general circulation in the area. The notice shall be published the first time not less than 10 days nor more than 25 days before the date scheduled for the hearing. In computing such period, the day of publication is not to be included but the day of the hearing shall be included. The notice required or authorized by this Section shall:

(1)

State the date, time, and place of the public hearing;

(2)

Summarize the nature and character of the proposed change;

(3)

If the proposed amendment involves a change in zoning district classification, reasonably identify the property whose classification would be affected by the amendment;

(4)

State that the full text of the amendment can be obtained from the County Clerk;

(5)

State that substantial changes in the proposed amendment may be made following the public hearing.

State Law reference— G.S. 160D-601(a)

7.3.6.

Mailed Notice Required for Rezonings.

(a)

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.

(b)

This notice must be deposited in the mail at least 10 but not more than 25 days prior to the date of the hearing.

(c)

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 North Carolina General Statutes, Chapter 160D, Article 6, Section 602 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 hearing.

(d)

Optional Notice for Large-Scale Zoning Map Amendments. The first-class mail notice required under subsection (a) 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) 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 (a) of this section.

(e)

Posted Notice. When a zoning map amendment is proposed, the local government 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.

(f)

Optional Communication Requirements. When a zoning map amendment is proposed, a zoning regulation may require communication by the person proposing the map amendment to neighboring property owners and residents and may require the person proposing the zoning map amendment to report on any communication with neighboring property owners and residents.

State Law reference— G.S. 160D-602

7.3.7.

Notice to Military Bases. If the adoption or modification would result in changes to the zoning map or would change or affect the permitted uses of land located five miles or less from the perimeter boundary of a military base, the local government shall provide written notice of the proposed changes by certified mail, return receipt requested, to the commander of the military base not less than 10 days nor more than 25 days before the date fixed for the hearing. If the commander of the military base provides comments or analysis regarding the compatibility of the proposed development regulation or amendment with military operations at the base, the governing board of the local government shall take the comments and analysis into consideration before making a final determination on the ordinance.

State Law reference— G.S. 160D-601(b)

7.3.8.

Adoption by Ordinance Required. A development regulation adopted pursuant to this Chapter shall be adopted by ordinance.

State Law reference— G.S. 160D-601(c)

7.3.9.

Down-Zoning. 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 local government. For purposes of this section, "down-zoning" means a zoning ordinance that affects an area of land in one of the following ways:

(a)

By decreasing the development density of the land to be less dense than was allowed under its previous usage.

(b)

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.

State Law reference— G.S. 160D-601(d)

7.3.10.

Decision by Board of Commissioners.

(a)

At the conclusion of a public hearing on the proposed amendment, the Board of Commissioners may proceed to vote on the proposed amendment, refer it to a committee for further study, or take any other action consistent with its usual rules of procedure.

(b)

The Board of Commissioners is not required to take final action on a proposed amendment within any specific period of time, but it should proceed as expeditiously as practicable on petitions for amendments since inordinate delays can result in the petitioner incurring unnecessary costs.

(c)

Prior to adopting or rejecting any zoning amendment, the Board of Commissioners shall adopt a statement describing whether its action is consistent with an adopted comprehensive plan, land development/use plan, or other officially adopted plan, and explaining why the Board considers the action taken to be reasonable and in the public interest. The statement is not subject to judicial review.

(d)

A majority vote, excluding vacant seats and disqualified members shall be sufficient for the purpose of taking any official action excluding vacant seats and disqualified members.

(e)

Conflict of Interest. In accordance with the requirements of G.S. 160D-109(a) and Section 4-2 of this Ordinance, a member of the Board of Commissioners 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 governing 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. This shall include any zoning map or text amendment.

State Law reference— G.S. 160D-109(a)

Cross reference— Conflict of Interest, Section 4-2.

7.3.11.

Reapplication for Denied Rezoning Request. If denied, the current zoning district stays in effect and the applicant must wait one calendar year to reapply.

(Ord. of 12-20-2021(1))

7.4.1.

Subject to the limitations of this Chapter, zoning regulations may from time to time be amended, supplemented, changed, modified, or repealed. If any resident or property owner in the local government submits a written statement regarding a proposed amendment, modification, or repeal to a zoning regulation, including a text or map amendment that has been properly initiated as provided in G.S. 160D-601, to the clerk to the board at least two business days prior to the proposed vote on such change, the clerk to the board shall deliver such written statement to the governing board. If the proposed change is the subject of a quasi-judicial proceeding under G.S. 160D-705 or any other statute, the 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 board shall not disqualify any member of the board from voting.

State Law reference— G.S. 160D-603

7.5.1.

Initial Zoning. In order to exercise zoning powers conferred by this Article 7 of G.S. chapter 160D for the first time, the County shall create or designate a planning board under the provisions of this Article or of a special act of the General Assembly.

(a)

The planning board 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.

(b)

Upon completion, the planning board shall make a written recommendation regarding adoption of the regulation to the County Board. The County Board shall not hold its required hearing or take action until it has received a recommendation regarding the regulation from the planning board.

(c)

Following its required hearing, the County Board 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 governing board in adopting, modifying and adopting, or rejecting the regulation.

State Law reference— G.S. 160D-604(a)

7.5.2.

Zoning Amendments. Subsequent to initial adoption of a proposed amendment to a zoning regulation, all proposed amendments to the zoning regulation or zoning map shall be submitted to the planning board for review and comment. If no written report is received from the planning board within 30 days of referral of the amendment to that board, the governing board may act on the amendment without the planning board report. The governing board is not bound by the recommendations, if any, of the planning board.

State Law reference— G.S. 160D-604(b)

(a)

Every proposed amendment, supplement, change, modification or repeal of this Ordinance shall be referred to the Planning Board for its written comments, recommendation, and report. The Planning Board shall consider and make written comments and recommendations to the Board of Commissioners concerning each proposed zoning amendment.

(b)

The Planning Board shall follow policy guidelines for all zoning amendments. A proposed zoning amendment will not receive favorable recommendation unless:

(1)

The proposal will place all property similarly situated in the area in the same category, or in appropriate complementary categories.

(2)

There is convincing demonstration that all uses permitted under the proposed district classification would be in the general public interest and not merely in the interest of an individual or small group.

(3)

There is convincing demonstration that all uses permitted under the proposed district classification would be appropriate in the area included in the proposed change. (When a new district designation is assigned, any use permitted in the district is allowable, so long as it meets district requirements, and not merely uses which applicants state that they intend to make of the property involved.)

(4)

There is convincing demonstration that the character of the neighborhood will not be materially or adversely affected by any use permitted in the proposed change.

(5)

The proposed change is in accord and consistent with the Land Use Plan, any other officially adopted plan that is applicable, and sound planning principles.

(c)

The Planning Board shall render its decision on any properly filed petition within thirty (30) days after the introduction of such petition and shall transmit its written comments, recommendation, and report, including the reasons for its determinations, to the Board of County Commissioners. A comment by the Planning Board that a proposed amendment is inconsistent with the Land Use Plan shall not preclude consideration or approval of the proposed amendment by the Board of County Commissioners.

7.5.3.

Review of Other Ordinances and Actions. Any development regulation other than a zoning regulation that is proposed to be adopted pursuant to G.S. chapter 160D may be referred to the planning board for review and comment.

(a)

Any development regulation other than a zoning regulation may provide that future proposed amendments of that ordinance be submitted to the planning board for review and comment.

(b)

Any other action proposed to be taken pursuant to G.S. chapter 160D may be referred to the planning board for review and comment.

State Law reference— G.S. 160D-604(c)

7.5.4.

Plan Consistency. When conducting a review of proposed zoning text or map amendments pursuant to this section, the planning board shall advise and comment on whether the proposed action is consistent with any Comprehensive Plan that has been adopted and any other officially adopted plan that is applicable.

(a)

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.

(b)

If a zoning map amendment qualifies as a "large-scale rezoning" under G.S. 160D-6-2(b), the planning board statement describing plan consistency may address the overall rezoning and describe how the analysis and polices in the relevant adopted plans were considered in the recommendation made.

State Law reference— G.S. 160D-604(d)

7.5.7.

Separate Board Required. Notwithstanding the authority to assign duties of the planning board to the governing board as provided by this Chapter, the review and comment required by this section shall not be assigned to the governing board and must be performed by a separate board.

State Law reference— G.S. 160D-604(e)

7.6.1.

Plan Consistency. When adopting or rejecting any zoning text or map amendment, the County Board shall approve a brief statement describing whether its action is consistent or inconsistent with an adopted Comprehensive Plan.

(a)

The requirement for a plan consistency statement may also be met by a clear indication in the minutes of the County Board that at the time of action on the amendment the County Board was aware of and considered the planning board's recommendations and any relevant portions of an adopted comprehensive plan.

(b)

If the 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.

(c)

A plan amendment and a zoning amendment may be considered concurrently.

(d)

The plan consistency statement is not subject to judicial review.

(e)

If a zoning map amendment qualifies as a "large-scale rezoning" under G.S. 160D-6-2(b), the governing board statement describing plan consistency may address the overall rezoning and describe how the analysis and polices in the relevant adopted plans were considered in the action taken.

State Law reference— G.S. 160D-605(a)

7.6.2.

Statement of Reasonableness. When adopting or rejecting any petition for a zoning text or map amendment, a brief statement explaining the reasonableness of the proposed rezoning shall be approved by the Board of Commissioners. The statement of reasonableness may consider, among other factors:

(a)

The size, physical conditions, and other attributes of any 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 and the development permissible under the proposed amendment.

(d)

Why the action taken is in the public interest.

(e)

Any changed conditions warranting the amendment.

(f)

If a zoning map amendment qualifies as a "large-scale rezoning" under G.S. 160D-6-2(b), the governing board statement on reasonableness may address the overall rezoning.

State Law reference— G.S. 160D-605(b)

7.6.3.

Single Statement Permissible. The statement of reasonableness and the plan consistency statement required by this section may be approved as a single statement.

State Law reference— G.S. 160D-605(c)

7.7.1.

Duration of Development Approval. Unless a different period is specified by this Ordinance or other specific applicable law, including for a development agreement, a development approval issued pursuant to this Ordinance expires one year after the date of issuance if the work authorized by the development approval has not been substantially commenced. Local development regulations may provide for development approvals of shorter duration for temporary land uses, special events, temporary signs, and similar development. Local development regulations may also provide for development approvals of longer duration for specified types of development approvals. Nothing in this subsection limits any vested rights secured under G.S. 160D-108 or G.S. 160D-108.1.

If after commencement the work or activity is discontinued for a period of 12 months after commencement, the development approval shall immediately expire. The time periods set out in this subsection shall be tolled during the pendency of any appeal. No work or activity authorized by any development approval that has expired shall thereafter be performed until a new development approval has been secured. Nothing in this subsection shall be deemed to limit any vested rights secured under G.S. 160D-108.

State Law reference— G.S. 160D-403(c)

7.8.1.

Revocation. In addition to initiation of enforcement actions under G.S. 160D-404, development approvals may be revoked by the local government issuing the development approval by notifying the holder in writing stating the reason for the revocation. The revocation of a development approval by a staff member may be appealed pursuant to G.S. 160D-405. The conduct of any activity or the use, operation, construction, maintenance or removal of any facility in violation of any of the conditions of a variance shall be grounds for revocation of said variance. The Zoning Administrator shall set a date for public hearing before the Board of Adjustment and at such time said Board may revoke the variance, citing the reasons therefor. Notice of such hearing shall be made in the same manner as required for a variance application. The local government shall follow the same development review and approval process required for issuance of the development approval, including any required notice or hearing, in the review and approval of any revocation of that approval. Development approvals shall be revoked for any substantial departure from the approved application, plans, or specifications; for refusal or failure to comply with the requirements of any applicable local development regulation or any State law delegated to the local government for enforcement purposes in lieu of the State; or for false statements or misrepresentations made in securing the approval. Any development approval mistakenly issued in violation of an applicable State or local law may also be revoked. Unless otherwise specified by the Board of Adjustment, all activities or facilities permitted by the variance shall cease and/or be removed not later than sixty calendar days following the date of determination to revoke the variance. The determination of the Board of Adjustment shall be deemed final and may not be appealed to the Board of Commissioners.

State Law reference— G.S. 160D-403(f)

7.9.1.

Zoning Map Adoption or Amendments. A cause of action as to the validity of any regulation adopting or amending a zoning map adopted under this Chapter or other applicable law or a development agreement adopted under Article 10 of this Chapter accrues upon adoption of the ordinance and shall be brought within 60 days as provided in G.S. 1-54.1.

State Law reference— G.S. 160D-1405(a)

7.9.2.

Text Adoption or Amendment. Except as otherwise provided in subsection (a) of this section, an action challenging the validity of a development regulation adopted under this Chapter or other applicable law shall be brought within one year of the accrual of such action. Such an action accrues when the party bringing such action first has standing to challenge the ordinance. A challenge to an ordinance on the basis of an alleged defect in the adoption process shall be brought within three years after the adoption of the ordinance.

State Law reference— G.S. 160D-1405(b)

7.9.3.

Enforcement Defense. Nothing in this section or in G.S. 1-54(10) or G.S. 1-54.1 bars a party in an action involving the enforcement of a development regulation G.S. 160D-1403.1 or in an action under G.S. chapter 160D from raising as a claim or defense in the proceedings the enforceability or the invalidity of the ordinance. Nothing in this section or in G.S. 1-54(10) or G.S. 1-54.1 bars a party who files a timely appeal from an order, requirement, decision, or determination made by an administrative official contending that the party is in violation of a development regulation from raising in the judicial appeal the invalidity of the ordinance as a defense to the order, requirement, decision, or determination. A party in an enforcement action or appeal may not assert the invalidity of the ordinance on the basis of an alleged defect in the adoption process unless the defense is formally raised within three years of the adoption of the challenged ordinance.

State Law reference— G.S. 160D-1405(c)

7.9.4.

Termination of Grandfathered Status. When a use constituting a violation of a zoning or unified development ordinance is in existence prior to adoption of the zoning or unified development ordinance creating the violation, and that use is grandfathered and subsequently terminated for any reason, a local government shall bring an enforcement action within 10 years of the date of the termination of the grandfathered status, unless the violation poses an imminent hazard to health or public safety.

State Law reference— G.S. 160D-1405(a)

7.9.5.

Quasi-Judicial Decisions. Unless specifically provided otherwise, a petition for review of a quasi-judicial decision shall be filed with the clerk of superior court by the later of 30 days after the decision is effective or after a written copy thereof is given in accordance with G.S. 160D-406(j). When first-class mail is used to deliver notice, three days shall be added to the time to file the petition.

State Law reference— G.S. 160D-1405(e)

7.9.6.

Others. Except as provided by this section, the statutes of limitations shall be as provided in G.S. chapter 1, subchapter II.

State Law reference— G.S. 160D-1405(f)

7.10.1.

Declaratory Judgments. Challenges of legislative decisions of Bladen County, including the validity and constitutionality of development regulations adopted pursuant to this Ordinance, and actions authorized by G.S. 160D-108(h) or (i) and G.S. 160D-1403.1, may be brought pursuant to G.S. chapter 1, article 26. The governmental unit making the challenged decision shall be named a party to the action.

State Law reference— G.S. 160D-1401

7.11.1.

Down-Zoning. 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 local government. For purposes of this section, "down-zoning" means a zoning ordinance that affects an area of land in one of the following ways:

(a)

By decreasing the development density of the land to be less dense than was allowed under its previous usage.

(b)

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.

State Law reference— G.S. 160D-601(d)