2.1.1. Purpose

This Section establishes review authority under this Ordinance. Specific requirements for each type of application or permit are described in Article 3, Common Review and Approval Procedures.

2.1.2. Conflicts of Interest

A.

Governing Board

A governing board member shall not vote on any legislative decision regarding a development regulation adopted pursuant to Chapter 160D-109 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.

B.

Appointed Boards

Members of appointed boards shall not vote on any advisory or legislative decision regarding a development regulation adopted pursuant to Chapter 160D-109 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 close familial, business, or other associational relationship.

C.

Administrative Staff

No staff member shall make a final decision on an administrative decision required by Chapter 160D-109 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 Chapter 160D-109 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.

D.

Quasi-judicial decisions

A member of any board exercising quasi-judicial functions pursuant to Chapter 160D-109 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.

E.

Resolution of Objection

If an objection is raised to a board member's participation at or prior to the hearing or vote on that matter and that member does not recuse himself or herself, the remaining members of the board shall by majority vote rule on the objection.

F.

Familial 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. UDO-21-01 , § 45, 5-17-21)

2.1.3. Oath of Office for Elected and Appointed Boards

Every member of an Elected or Appointed Board shall before taking office or entering upon the execution of the office, take and subscribe to the following oath:

"I, _______, do solemnly and sincerely swear that I will support the Constitution of the United States; that I will be faithful and bear true allegiance to the State of North Carolina, and to the constitutional powers and authorities which are or may be established for the government thereof; and that I will endeavor to support, maintain and defend the Constitution of said State, not inconsistent with the Constitution of the United States, to the best of my knowledge and ability; so help me God."

( Ord. No. UDO-21-01 , § 46, 5-17-21)

2.2.1. Establishment, Membership and Procedure

Information regarding the establishment, membership and rules of procedure of the Board of County Commissioners is available in the County Code.

2.2.2. Powers and Duties

A.

General

The Board of County Commissioners shall have the following general powers and duties:

1.

To maintain a Planning Board and assure that the Board performs satisfactorily in development of the CAMA Land Use Plan and any other adopted County land use documents including scheduled review and update of same from time to time, and further that the Planning Board performs duties and responsibilities assigned by statute and by this Ordinance;

2.

To establish a Zoning Board of Adjustment and assure that Board performs satisfactorily in the duties and responsibilities assigned to it by this Ordinance;

3.

To provide by appropriation funds for the administration of this Ordinance;

4.

To direct and assist the County Manager and County Attorney in their responsibilities assigned by this Ordinance and by Statute.

B.

Final Action

The Board of County Commissioners shall hear and take final action on the following development review procedures:

1.

Ordinance Text Amendments (Section 3.7); and

2.

Rezonings, if appealed from the planning board pursuant to (Section 3.8).

(Ord. No. UDO-19-04 , § 1, 11-18-19)

2.3.1. Establishment, Membership and Procedure

The Planning Board is established by Article II, Code of Ordinances, Brunswick County, N.C. As stated in that Article and hereby reaffirmed, the Planning Board is that planning agency designated by N.C.G.S. 160D-604. In addition to the duties and responsibilities assigned by Article II, Code of Ordinances, Brunswick County, N.C. and by N.C.G.S. 160D -103, -301, -502, the Planning Board shall have the specific powers and duties provided within this Ordinance.

( Ord. No. UDO-21-01 , § 4, 5-17-21)

2.3.2. Powers and Duties

A.

Review and Recommendation

The Planning Board shall review and make a recommendation on the following development review procedures:

1.

Ordinance Text Amendment (Section 3.7).

B.

Final Action

The Planning Board shall hear and take final action on the following development review procedures:

1.

Variance from the Subdivision Requirements (Section 3.6);

2.

Major Subdivision- Preliminary Plat (Section 3.4.11);

3.

Major Site Plan (Section 3.2);

4.

Planned Development Review (Section 3.3.3);

5.

Zoning Vested Rights determination (Section 9.5); and

6.

Rezoning (Section 3.8).

(Ord. No. UDO-19-04 , § 2, 11-18-19)

2.4.1. Establishment, Membership, and Rules of Procedure

A.

Establishment

A Zoning Board of Adjustment is hereby created. This board may also be known as the Board of Adjustment (BOA).

B.

Membership

1.

The Zoning Board of Adjustment shall consist of five voting members, each a resident of one of the five electoral voting districts, two alternate members, and one non-voting ex officio member who shall be the Zoning Administrator, who shall also serve as Clerk.

2.

In the event the Zoning Administrator is unavailable, then the Planning Director or his/her designee shall serve as an ex officio member.

3.

Terms of office of ex officio member(s) are at the pleasure of their appointing authority.

C.

Rules of Procedure

1.

The Board of Adjustment is a quasi-judicial body; it shall establish a regular schedule of meeting as to time, date, and place, and shall establish Rules of Procedure.

2.

A quorum is not obtained unless four voting members are present. In the event there is abstention for reason declared into the record by a voting member, then a particular matter cannot proceed unless and until four other voting members are present and vote. As required by N.C.G.S. 160D-406, a four-fifths vote is required to grant a variance, but only a simple majority is required for special use permits and ordinance interpretations.

3.

The Year of the Zoning Board of Adjustment is August 1—July 31.

4.

As early as possible in each new year of the Board, the voting members shall elect a chairman and vice-chairman. Either such party when in the chair shall have the authority to administer oaths to witnesses.

5.

All decisions of the Board of Adjustment run with the land, never the person or corporation. Special use permits may have time limits imposed on their validity.

6.

The minutes of the Zoning Board of Adjustment shall be kept in such detail as necessary, and do not reflect official action of the Board until adoption of same.

7.

Minutes shall be filed in the office of the Zoning Administrator, as a public record.

8.

The Board of Adjustment shall have the authority to subpoena witnesses and compel the production of evidence as specified in N.C.G.S. 160D-406.

( Ord. No. UDO-21-01 , § 5, 5-17-21)

2.4.2. Powers and Duties

A.

Final Action

The Board of Adjustment shall hear and take final action on the following development review procedures:

1.

Variance (Section 3.6 );

2.

Zoning Vested Right (Section 9.5);

3.

Special Use Permit (Section 3.5);

4.

Appeal of Administrative Decision (Section 9.8).

2.5.1. Establishment, Membership, and Rules of Procedure

A.

Establishment

In accordance with G.S. § 106-739, the Board of County Commissioners hereby establishes an Agricultural Advisory Board. This board may also be known as the Advisory Board.

B.

Membership

1.

Appointment

Initially, the Agricultural Advisory Board shall consist of five members approved by the Board of Commissioners. The members shall be appointed in conformance with Section 4.9.4.H, Appointment of New Advisory Board Members.

2.

Membership Requirements

i.

Each Board member shall be a resident of Brunswick County and registered to vote in the County.

ii.

Four of the five members shall be actively engaged in farming.

3.

Tenure

i.

Members are to serve for terms of three years, except that the initial Board is to consist of two appointees for a term of one year, two appointees for terms of two years, and one appointee for a term of three years. Tenures of the initial Board shall be determined by lottery.

ii.

Reappointment to the Board shall be permitted.

4.

Vacancies

Any vacancy on the Agricultural Advisory Board shall be filled by the Board of Commissioners for the remainder of the unexpired term following the same procedure as for an initial appointment to the Advisory Board.

5.

Removal for Cause

Any member of the Advisory Board may be removed by the Board of Commissioners upon receipt of written charges and after a public hearing before the Board of Commissioners.

6.

Funding

i.

Compensation

The per-meeting compensation of members of the Advisory Board shall be established by the Board of Commissioners.

ii.

Appropriations for Performance of Duties

Funds shall be appropriated by the Board of Commissioners to the Advisory Board to perform its duties. The Advisory Board shall present an annual budget request to the Board of Commissioners.

C.

Procedures

The Agricultural Advisory Board shall adopt rules of procedure which are consistent with the enabling legislation and other applicable statutes.

1.

Chairperson

The Advisory Board shall elect a chairperson and vice-chairperson each year at its first meeting of the fiscal year. The chairperson shall preside over all regular or special meetings of the Board. In the absence or disability of the chairperson, the vice-chairperson shall preside and shall have and exercise all the powers of the chairperson. Additional officers may be elected as needed.

2.

Jurisdiction and Procedures—Supplementary Rules

The Advisory Board may supplement the rules and procedures established in this Section by adoption of additional rules of procedure provided no additional rule shall be inconsistent with this Section or any other applicable laws or regulations.

3.

Year

The Advisory Board shall use the County fiscal year as its meeting year.

4.

Meetings

i.

Scheduling

(a)

The Advisory Board chairperson shall call all meetings.

(b)

The Advisory Board shall hold a called meeting at least once every three months.

(c)

Additional meetings may be held at the call of the chairperson or at such times as the Advisory Board specified in the adopted rules of procedure.

ii.

Quorum

A quorum shall consist of a majority of the members of the Advisory Board.

5.

Voting

The concurring vote of a majority of the members of the Advisory Board shall be necessary to reverse any order, requirement, decision, or determination of any administrative official or agency, to decide in favor of an applicant, or to pass upon any other matter on which it is required to act.

6.

Records

The Advisory Board shall keep minutes of the proceedings showing the vote of each member upon each item, or if absent or failing to vote, indicating such fact, and shall keep records of its examinations and other official actions, all of which shall be filed in the office of the Advisory Board immediately following each meeting. All minutes and other records shall be public record.

7.

Administrative Services

The North Carolina Cooperative Extension Service shall serve the Advisory Board for record keeping, correspondence, and application procedures of this Section together with such other services the Advisory Board needs to complete its duties.

2.5.2. Powers and Duties

The Advisory Board shall have the following powers and duties:

A.

Review and approve applications for qualified farmland and participation in the Agricultural Preservation Program (Section 4.9).

B.

Approve or deny applications for implementation and expansion, of a Voluntary Agricultural District. The Advisory Board may only approve applications for withdrawal from an Voluntary Agricultural District (Section 4.9.4 through Section 4.9.6).

C.

Advise the Board of Commissioners on projects, programs or issues affecting the agricultural economy or activities within the County and that will affect the Agricultural Preservation Program.

2.6.1. General

The Planning Director is designated as head of the Planning Department and shall be responsible for administering the provisions of this Ordinance as set forth in this section.

2.6.2. Delegation of Authority

The Planning Director may designate any staff member to represent the Director in any function assigned by this Unified Development Ordinance. The Director shall remain responsible for any final action.

2.6.3. Powers and Duties

A.

Review and Recommendation

The Planning Director shall make a recommendation on the following development review procedures:

1.

Ordinance Text Amendment (Section 3.7);

2.

Rezoning (Section 3.8;

3.

Variance (Section 3.6);

4.

Preliminary Plat (Section 3.4.11);

5.

Major Site Plan (Section 3.2); and

6.

Planned Development Review (Section 3.3.3).

B.

Final Action

The Planning Director shall hear and take final action on the following development review procedures:

1.

Subdivision—Minor Plat (Section 3.4.10);

2.

Subdivision—Final Plat (Section 3.4.12);

3.

Minor Site Plan (Section 3.2);

4.

Administrative Adjustment (Section 9.6);

5.

Traffic Impact Analysis (Section 6.16); and

6.

Written Interpretation (Section 9.7).

C.

Acting as Zoning Administrator

In the absence of the Zoning Administrator, the Planning Director shall be responsible for assuring the actions requiring Zoning Administrator review or approval are carried out.

2.7.1. General

The County Manager shall name a Zoning Administrator.

2.7.2. Delegation of Authority

The Zoning Administrator may designate any staff member to represent the Administrator in any function assigned by this Unified Development Ordinance. The Administrator shall remain responsible for any final action.

2.7.3. Powers and Duties

A.

Review and Recommendation

The Zoning Administrator shall make a recommendation on the following development review procedures:

1.

Ordinance Text Amendment (Section 3.7);

2.

Rezoning (Section 3.8);

3.

Variance (Section 3.6); and

4.

Special Use Permit (Section 3.5).

B.

Final Action

The Zoning Administrator shall hear and take final action on the following development review procedures:

1.

Development Permit (Section 9.3);

2.

Temporary Use Permit (Section 9.4.3); and

3.

Sign Permit (Section 8.2.1).

2.8.1. General

The County Manager shall designate a Building Inspector to review and approve certain permit applications.

2.8.2. Powers and Duties

A.

Final Action

The Building Inspector shall hear and take final action on the following development review procedures:

1.

Certificate of Occupancy (Section 9.4.1); and

2.

Certification of Mobile Home (Section 5.3.3.C.6).

2.9.1. General

The County Manager shall designate a Director of Engineering Services to review and approve certain permit applications.

2.9.2. Powers and Duties

A.

Review and Recommendation

The Director of Engineering Services shall review and make recommendations on the following development review procedures:

1.

Subdivision (Section 3.3);

2.

Site Plan (Section 3.2);

3.

Planned Development (Section 3.3); and

4.

Any other review requested by an approving authority.

B.

Final Action

The Director of Engineering Services shall hear and take final action on the following development review procedures:

1.

Approval and release of Improvement Guarantees for Subdivisions (Section 3.4.12.D); and

2.

Approval and release of Improvement Guarantees for Site Plans (Section 3.4.12.D).

2.10.1. General

The County Manager shall designate a Utilities Director to review and approve certain permit applications.

2.10.2. Powers and Duties

A.

Review and Recommendation

The Utilities Director shall review and make recommendations on the following development review procedures:

1.

Subdivision (Section 3.3);

2.

Site Plan (Section 3.2);

3.

Planned Development (Section 3.3); and

4.

Any other review requested by an approving authority.

2.11.1. General

[Reserved]

2.11.2. Powers and Duties

A.

Review and Recommendation

The Director of Emergency Management Services shall review and make recommendations on the following development review procedures:

1.

Subdivision (Section 3.3);

2.

Site Plan (Section 3.2);

3.

Planned Development (Section 3.3); and

4.

Any other review requested by an approving authority.

2.12.1. Establishment, Membership, and Procedures

A.

Establishment

A Technical Review Committee shall be established to provide a coordinated and centralized technical review process. The members of the Technical Review Committee shall be composed of persons from various County departments and agencies which have an interest in the development review process.

B.

Membership

1.

Chair

The Planning Director shall serve as Chair of the Technical Review Committee and shall be responsible for all final decisions of the Committee.

2.

Other Members

In addition to the Chair, the Technical Review Committee shall be comprised of the following members:

i.

A representative from the Brunswick County Planning Board;

ii.

A representative from Brunswick Director of Engineering Services;

iii.

A representative from Brunswick County Utilities;

iv.

A representative from Brunswick County Geographic Information Services;

v.

A representative from Brunswick County Emergency Management Services;

vi.

A representative from Brunswick County Parks and Recreation;

vii.

A representative from Brunswick County Environmental Health;

viii.

A representative from Brunswick County Board of Education;

ix.

A representative from Brunswick County Soil and Water Conservation;

x.

A representative from Brunswick County Solid Waste;

xi.

A representative from North Carolina Department of Transportation (NCDOT);

xii.

A representative from Brunswick Electric Membership Corporation (BEMC);

xiii.

A representative from Duke Energy Progress;

xiv.

A representative from Atlantic Telephone Membership Corporation (ATMC);

xv.

A representative from AT&T; and

xvi.

Any other County staff or external agencies the Chair deems necessary for the professional review of an application.

C.

Procedures

The Technical Review Committee shall meet as often as necessary to fulfill its duties or upon call of the Chair of the committee to review and discuss development applications. The meeting notes of each meeting shall be filed with the Planning Director.

2.12.2. Powers and Duties

A.

Review and Recommendation

The Technical Review Committee shall make a recommendation on the following development review procedures:

1.

Subdivision—Preliminary Plat (Section 3.3);

2.

Site Plan—Major/Multifamily (Section 3.2);

3.

Planned Development review (Section 3.3);

4.

Traffic Impact Analysis (Section 6.16); and

5.

Any other review requested by an approving authority.

Other departments may be empowered by the Board of County Commissioners to develop, maintain and implement technical standards, specifications, and guidelines.

The following table summarizes review and approval authority under this Ordinance.

(Ord. No. UDO-19-04 , § 3, 11-18-19)