The planning director, or his designee, shall administer this chapter. Wherever "planning director" is mentioned within this chapter, his designee is included by definition, and such designee shall have the same authority as the planning director. The planning director shall perform such duties as may be required or assigned under this chapter.

(Ord. No. 2021-05, 6-21-2021)

(a)

The planning director shall have the power to grant zoning authorization permits and zoning compliance certificates and to make or cause to be made inspections of buildings or premises necessary to carry out the enforcement of this chapter. In connection with the enforcement of this chapter, the planning director shall make all necessary determinations and interpretations as required by this chapter.

(b)

If any proposed excavation, construction, moving, alteration, or use of land as set forth in an application for a zoning authorization permit is in conformity with this chapter, the planning director shall issue a zoning authorization permit; however:

(1)

Issuance of a zoning authorization permit shall in no case be construed as waiving any section of this chapter.

(2)

Under no circumstance is the planning director permitted to grant exceptions to the actual meaning of any clause, standard, or regulation contained in this chapter to any person making application to excavate, construct, move, alter, or use a building, a structure, or land.

(3)

The planning director shall issue a permit when the standards and/or conditions of this chapter are complied with by the applicant regardless of whether the use of the permit would violate contractual or other arrangements among private parties such as restrictive covenants.

(4)

If an application for a permit is denied, the planning director shall state in writing the reasons for the denial.

(Ord. No. 2021-05, 6-21-2021)

Upon issuance of any permit, determination approval or denial pursuant to this chapter, the planning director shall give written notice to the owner of the property that is the subject of the determination and to the party who sought the determination, if different from the owner. The written notice shall be delivered by personal delivery, electronic mail, or by first-class mail. The notice shall be delivered to the last address listed for the owner of the affected property on the county tax abstract and to the address provided in the application or request for a determination if the party seeking the determination is different from the owner. It shall be conclusively presumed that all persons with standing to appeal have constructive notice of the determination from the date a sign providing notice that a determination has been made is prominently posted on the property that is the subject of the determination, provided the sign remains on the property for at least ten days. The sign shall contain the words "Zoning Decision" or "Subdivision Decision" or similar language for other determinations in letters at least six inches high and shall identify the means to contact a local government staff member for information about the determination. Posting of signs is not the only form of constructive notice. Any such posting shall be the responsibility of the landowner, applicant, or person who sought the determination. Verification of the posting shall be provided to the staff member responsible for the determination. Absent any provision in this chapter to the contrary, posting of signs shall not be required.

(Ord. No. 2021-05, 6-21-2021)

All appeals of any decision of the planning director shall follow the procedures provided in this section.

(1)

Appeals. Except as provided in subsection (c) of this section, appeals of decisions made by the planning director under this chapter shall be made to the board of adjustment unless a different board is provided or authorized otherwise by statute or this chapter.

(2)

Standing. Any person who has standing under G.S. 160D-1402(c) or the county may appeal an administrative decision to the board. An appeal is taken by filing a notice of appeal with the county clerk. The notice of appeal shall state the grounds for the appeal.

(3)

Time to appeal. The owner or other party shall have 30 days from receipt of the written notice of the determination within which to file an appeal. Any other person with standing to appeal shall have 30 days from receipt from any source of actual or constructive notice of the determination within which to file an appeal. In the absence of evidence to the contrary, notice given pursuant to section 44-201.5 by first-class mail shall be deemed received on the third business day following deposit of the notice for mailing with the United States Postal Service.

(4)

Record of decision. The planning director who made the decision shall transmit to the board all documents and exhibits constituting the record upon which the decision appealed from is taken. The planning director shall also provide a copy of the record to the appellant and to the owner of the property that is the subject of the appeal if the appellant is not the owner.

(5)

Stays. An appeal of a notice of violation or other enforcement order stays enforcement of the action appealed from and accrual of any fines assessed unless the planning director certifies to the board after notice of appeal has been filed that, because of the facts stated in an affidavit, a stay would cause imminent peril to life or property or, because the violation is transitory in nature, a stay would seriously interfere with enforcement of the development regulation. In that case, enforcement 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 planning director a request for an expedited hearing of the appeal, and the board shall meet to hear the appeal within 15 days after such a request is filed. Notwithstanding the foregoing, appeals of decisions granting a development approval or otherwise affirming that a proposed use of property is consistent with the development regulation shall not stay the further review of an application for development approvals to use such property; in these situations, the appellant or the county may request and the board may grant a stay of a final decision of development approval applications, including building permits affected by the issue being appealed.

(Ord. No. 2021-05, 6-21-2021)

(a)

Planning director. The planning director shall not make a final decision on an administrative decision required by this chapter if the outcome of that decision would have a direct, substantial, and readily identifiable financial impact on the planning director or if the applicant or other person subject to that decision is a person with whom the planning director has a close familial, business, or other associational relationship. If the planning director has a conflict of interest under this section, the decision shall be assigned to the planning director's immediate supervisor. The planning director shall not be financially interested or employed by a business that is financially interested in a development subject to regulation under this chapter unless the planning director is the owner of the land or building involved.

(b)

Staff. No staff member shall make a final decision on an administrative decision required by this chapter if the outcome of that decision would have a direct, substantial, and readily identifiable financial impact on the staff member or if the applicant or other person subject to that decision is a person with whom the staff member has a close familial, business, or other associational relationship. If a staff member has a conflict of interest under this section, the decision shall be assigned to the supervisor of the staff person or such other staff person as may be designated by the development regulation or other ordinance. No staff member shall be financially interested or employed by a business that is financially interested in a development subject to regulation under this chapter unless the staff member is the owner of the land or building involved. No staff member or other individual or an employee of a company contracting with the county to provide staff support shall engage in any work that is inconsistent with his or her duties or with the interest of the county, as determined by the county.

(Ord. No. 2021-05, 6-21-2021)

There is established in and for the county a planning board that shall be known as the Catawba County Planning Board. The planning board shall perform such duties as may be required or assigned under this chapter or as may be directed by the board of county commissioners.

(Ord. No. 2021-05, 6-21-2021)

The planning board shall be composed of nine members, and up to three alternates, selected to represent various areas of the county. Representatives should be selected to adequately represent the small area planning areas when possible.

(Ord. No. 2021-05, 6-21-2021)

The board of commissioners shall appoint the members of the planning board.

(Ord. No. 2021-05, 6-21-2021)

Terms on the planning board shall be for a four-year period. A planning board member shall be eligible for reappointment to the planning board. Each member shall serve until his successor is duly appointed. Planning board members shall, before entering their duties, qualify by taking an oath of office as required by G.S. 153A-26.

(Ord. No. 2021-05, 6-21-2021)

If a vacancy occurs in the membership of the planning board, other than by expiration of a term, the vacancy shall be filled by appointment by the board of county commissioners for the unexpired term.

(Ord. No. 2021-05, 6-21-2021)

The members of the planning board shall receive compensation for their services as may be fixed from time to time by the board of commissioners.

(Ord. No. 2021-05, 6-21-2021)

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. A planning board member shall not vote on any ordinance amendment if the landowner of the property subject to the amendment is a person with whom the member has a close familial, business, or other associational relationship. For purposes of this section, a "close familial relationship" means a spouse, parent, child, brother, sister, grandparent, or grandchild; the term includes the step, half, and in-law relationships.

(Ord. No. 2021-05, 6-21-2021)

(a)

The county shall adopt and reasonably maintain a comprehensive plan, pursuant to G.S. 160D-501. Such maintenance shall review the goals, policies, and programs intended to guide the present and future physical, social, and economic development of the county.

(b)

The county's comprehensive plan is intended to guide coordinated, efficient, and orderly development within the county based on an analysis of present and future needs. Planning analysis may address inventories of existing conditions and assess future trends regarding demographics and economic, environmental, and cultural factors. The planning process shall include opportunities for citizen engagement in plan preparation and adoption.

(c)

The periodic maintenance and review of the county's comprehensive plan may, among other topics, address any of the following as determined by the planning board or as directed by the board of county commissioners:

(1)

Issues and opportunities facing the county including consideration of trends, values expressed by citizens, community vision, and guiding principles for growth and development.

(2)

The pattern of desired growth and development and civic design, including the location, distribution, and characteristics of future land uses, urban form, utilities, and transportation networks.

(3)

Employment opportunities, economic development, and community development.

(4)

Acceptable levels of public services and infrastructure to support development, including water, waste disposal, utilities, emergency services, transportation, education, recreation, community facilities, and other public services, including plans and policies for provision of and financing for public infrastructure.

(5)

Housing with a range of types and affordability to accommodate persons and households of all types and income levels.

(6)

Recreation and open spaces.

(7)

Mitigation of natural hazards such as flooding, winds, wildfires, and unstable lands.

(8)

Protection of the environment and natural resources, including agricultural resources, mineral resources, and water and air quality.

(9)

Protection of significant architectural, scenic, cultural, historical, or archaeological resources.

(10)

Analysis and evaluation of implementation measures, including regulations, public investments, and educational programs.

(d)

In addition to the comprehensive plan, the planning board may recommend for adoption to the county commissioners such other plans as deemed appropriate by the planning board. Such plans may include, but are not limited to, land-use plans, small area plans, neighborhood plans, hazard mitigation plans, transportation plans, housing plans, and recreation and open space plans.

(e)

Adoption and Effect of Plans. Any plan contemplated by this section shall be adopted by the board of county commissioners with the advice and consultation of the planning board. Adoption and amendment of a comprehensive plan is a legislative decision and shall follow the process mandated for zoning text amendments set by section 44-325 below. Plans adopted under this section may be undertaken and adopted as part of or in conjunction with plans required under other statutes. Plans adopted under this chapter shall be advisory in nature without independent regulatory effect. Plans adopted under this chapter do not expand, diminish, or alter the scope of authority for development regulations adopted under this chapter. Plans adopted under this chapter shall be considered by the planning board and board of commissioners when considering proposed amendments to zoning regulations as required by section 44-327 below. If a plan is deemed amended by section 44-327 by virtue of adoption of a zoning amendment that is inconsistent with the plan, that amendment shall be noted in the plan.

(Ord. No. 2021-05, 6-21-2021)

(a)

The planning board shall work jointly with the planning boards of each municipality located in the county in all matters wherein the respective municipality and the county have a joint interest in the physical development of the area.

(b)

The planning board shall encourage the cooperation of the municipality within the county in any matters whatsoever which may concern the integrity of the county plan and to advise the board of commissioners with respect to the formulation of development programs and budgets for capital expenditures.

(c)

The planning board shall advise and make recommendations to the board of commissioners on all matters relating to the physical development of the county.

(Ord. No. 2021-05, 6-21-2021)

(a)

The planning board may make recommendations to the board of commissioners on new, updated, or revised comprehensive studies that are conducted for part or the entire planning jurisdiction of the county. Such studies may include, but are not limited to, studies of the physical, social, and economic conditions of the county that will best promote the health, safety, and general welfare of county citizens.

(b)

The planning board also conducts public hearings where they make recommendations to the board of commissioners on proposed amendments to the county's land use regulations, including the UDO, and amendments to the county's official zoning atlas.

(c)

The planning board shall also serve the functions set forth in section 44-324 pertaining to review of and comment on amendments to this chapter.

(Ord. No. 2021-05, 6-21-2021)

In the absence of action by the board of county commissioners adopting rules of procedure for the planning board, the planning board is authorized to adopt its own rules of procedure that are consistent with the provisions of this chapter and G.S. ch. 160D. A copy of any adopted rules of procedure shall be maintained by the county clerk and shall be posted on the county's web site. The planning board shall keep minutes of its proceedings.

(Ord. No. 2021-05, 6-21-2021)

There is established the Catawba County Board of Adjustment. The board of adjustment shall hear and decide all matters upon which it is required to pass under any statute or development regulation adopted under this chapter.

(Ord. No. 2021-05, 6-21-2021)

The board of adjustment shall be composed of five members, and up to three alternates, selected to represent various areas of the county. Representatives should be selected to adequately represent the small area planning areas when possible. Each alternate member serving on behalf of any regular member has all the powers and duties of a regular member.

(Ord. No. 2021-05, 6-21-2021)

The board of commissioners shall appoint the members of the board of adjustment.

(Ord. No. 2021-05, 6-21-2021)

Terms on the board of adjustment shall be for a three-year period. A board member shall be eligible for reappointment to the board. Each member shall serve until his successor is duly appointed. Board of adjustment members shall, before entering their duties, qualify by taking an oath of office as required by G.S. 153A-26.

(Ord. No. 2021-05, 6-21-2021)

If a vacancy occurs in the membership of the board of adjustment, other than by expiration of a term, the vacancy shall be filled by appointment by the board of commissioners for the unexpired term.

(Ord. No. 2021-05, 6-21-2021)

The members of the board of adjustment shall receive compensation for their services as may be fixed from time to time by the board of commissioners.

(Ord. No. 2021-05, 6-21-2021)

(a)

Pursuant to state law, the board of adjustment has the power to:

(1)

Hear and decide appeals from and review any order, requirement, decision, or determination made by the planning director in the performance of his duties as the order, requirement, decision, or determination relates to this chapter.

(2)

Hear and decide applications for the approval of those special uses requiring board approval.

(3)

Hear and decide applications for variances. Nothing in this chapter shall be construed to authorize the board to permit a use in a district where that use is neither a permitted use nor a permissible special use.

(4)

Hear and decide any other matters as may be required by this chapter.

(5)

Make interpretations of the meaning and intent of this chapter.

(b)

Three members constitute a quorum for the purpose of transacting business.

(c)

Except for a variance, a simple majority vote of the board decides any quasi-judicial matter or routine business, such as electing a chair or determining the time of the next meeting.

(Ord. No. 2021-05, 6-21-2021)

Members of the board of adjustment shall not vote on any quasi-judicial decision 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. A board of adjustment member shall not vote on any quasi-judicial decision if the applicant is a person with whom the board member has a close familial, business, or other associational relationship. For purposes of this section, a "close familial relationship" means a spouse, parent, child, brother, sister, grandparent, or grandchild. The term includes the step, half, and in-law relationships.

(Ord. No. 2021-05, 6-21-2021)

In the absence of action by the board of county commissioners adopting rules of procedure for the board of adjustment, the board of adjustment is authorized to adopt its own rules of procedure that are consistent with the provisions of this chapter and G.S. ch. 160D. A copy of any adopted rules of procedure shall be maintained by the secretary to the board and shall be posted on the county's web site. The board of adjustment shall keep minutes of its proceedings.

(Ord. No. 2021-05, 6-21-2021)

There is established the Catawba County Subdivision Review Board.

(Ord. No. 2021-05, 6-21-2021)

The subdivision review board shall consist of appointed representatives from various county departments, including planning, utilities and engineering, geographic information system, fire marshal's office, environmental health along with a citizen representative, a homebuilder's association representative and a representative from the school system where a proposed development is located.

(Ord. No. 2021-05, 6-21-2021)

The subdivision review board shall consist of individuals as appointed by the board of commissioners. Subdivision review board members shall, before entering their duties, qualify by taking an oath of office as required by G.S. 153A-26.

(Ord. No. 2021-05, 6-21-2021)

The term for the citizen representative and the homebuilder's association representative shall be for a three-year period. All other terms shall be as long as the member's employment with the county or school system continues.

(Ord. No. 2021-05, 6-21-2021)

If a vacancy occurs in the membership of the subdivision review board, other than by expiration of a term, the vacancy shall be filled by appointment by the board of commissioners for the unexpired term.

(Ord. No. 2021-05, 6-21-2021)

Members of the subdivision review board who are not county employees shall receive compensation for their services as may be fixed from time to time by the board of commissioners.

(Ord. No. 2021-05, 6-21-2021)

Members of the subdivision review board shall not vote on any matter 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. A subdivision review board member shall not vote on any matter if the applicant is a person with whom the member has a close familial, business, or other associational relationship. For purposes of this section, a "close familial relationship" means a spouse, parent, child, brother, sister, grandparent, or grandchild. The term includes the step, half, and in-law relationships.

(Ord. No. 2021-05, 6-21-2021)

The subdivision review board shall have the authority to:

(1)

Review a sketch plat and authorize the submittal of the preliminary plat for review.

(2)

Review and approve, approve with modifications, or disapprove applications for approval of preliminary major plats in accordance with this chapter.

(3)

Review extensions for preliminary plat approval.

(4)

Present proposed subdivision regulation text amendments to the planning board.

(5)

Conduct public hearings for any appeals made pursuant to the Catawba County Code chapter 16, article V related to soil erosion and sedimentation control, and approve, overturn, or modify the county engineer's decision on an applicant's erosion control plan.

(Ord. No. 2021-05, 6-21-2021)

Any decision of the subdivision review board made in regard to this chapter may be appealed by the applicant, in writing, to the board of adjustment within 30 days following the date of the decision. The written appeal must be filed with the recording secretary of the board of adjustment. If a written appeal is not made within the 30-day period, the matter shall be deemed closed, and the decision of the subdivision review board shall be final.

(Ord. No. 2021-05, 6-21-2021)