The following persons and entities shall have roles in administering the provisions of this Ordinance:

A.

City Council

B.

Unified Development Administrator (Administrator)

C.

Planning Commission

D.

Board of Adjustment

E.

Technical Review Committee

Table 4.1-1 summarizes the review and decision-making responsibilities of the entities that have specific roles in the administration of this Ordinance. The "section" numbers shown indicate the section of this Ordinance where specific procedures are detailed.

Table 4.1-1
SUMMARY OF ORDINANCE ADMINISTRATION AND REVIEW BODIES

(Ord. No. 18-678A, § 2, 9-18-18; Ord. No. 21-739, § 1, 6-15-21; Ord. No. 25-827, § 2, 3-4-25)

The governing board shall have the following powers and duties:

A.

To appoint members to the Planning Commission and Board of Adjustment pursuant to Article 3 of G.S. 160D.

B.

To initiate, adopt, and amend a Comprehensive Plan.

C.

To initiate amendments to the text of this Ordinance.

D.

To review recommendations of the Planning Commission), and make final decisions on applications for amendments to the text of this Ordinance pursuant to Article 6 of G.S. 160D.

E.

Reserved.

F.

To adopt and amend a schedule of fees for a variety of procedures addressed in this Ordinance.

G.

To hear, review, and approve or deny amendments to the Official Zoning Map. Such amendments shall only be heard by City Council if a decision on the application is made by a vote of less than three-fourths (¾) of the Gastonia Planning Commission membership, or if any person appeals the action of the Gastonia Planning Commission through written notice to the Gastonia City Manager within fifteen (15) days of the Planning Commission's decision. Under such circumstances, the application shall be forwarded to the Gastonia City Council for a new public hearing and final decision.

H.

To hear appeals of decisions made by the Planning Commission regarding subdivision plats as provided for in Section 13.7.

(Ord. No. 21-739, § 1, 6-15-21)

The provisions of this Ordinance shall be administered and enforced by the Unified Development Ordinance Administrator (hereafter referred to as the "UDO Administrator" or the "Administrator") and any other officials designated by the City Manager for the administration of this Ordinance. The City Manager shall have the authority to appoint one or more persons to serve as the "Administrator."

4.3.1-1 ;hg;Establishment and Authority. Unless specifically set forth otherwise in this Ordinance, the Administrator shall be the Enforcement Officer with the duty of administering and enforcing the provisions of this Ordinance. The Administrator may further designate one or more persons to assist in the administration and enforcement of this Ordinance. Orders issued by the Administrator's designee shall have the effect as if issued by the Administrator. The Administrator, or designee may enter any building, structure, or premises as provided by law, to perform any duty imposed upon him by this Ordinance.

4.3.1-2 ;hg;Conflict of Interest. Administrative staff, including the Administrator, shall not make a final decision on an administrative decision required by this Ordinance if the outcome of that decision would have a direct, substantial, and readily identifiable impact on the staff member or if the applicant or other person subject to that decision is a person with whom the member has a close familial, business, or other associational relationship per G.S. 160D-109(c).

4.3.1-3 ;hg;Oath of Office. The person designated as the Administrator shall take and subscribe the oath of office prescribed in Article VI, § 7 of the Constitution as stipulated in G.S. 160A-61.

4.3.1-4 ;hg;General Duties. The Administrator shall:

a)

establish and publish application procedures for permits, appeals, and actions pursuant to this Ordinance and forms implementing the same;

b)

issue permits and certificates pursuant to this Ordinance;

c)

review and approve all development plans and permit applications to assure the requirements of this Ordinance have been satisfied;

d)

make determinations and interpret the applicability of the provisions of this Ordinance in matters where the text does not clearly provide guidance;

e)

maintain all records pertaining to the provisions of this Ordinance in their office(s) and make said records open for public inspection;

f)

periodically inspect properties and activities for which permits have been issued to determine whether the use(s) is being conducted in accordance with the provisions of this Ordinance per G.S. 160D-403(e);

g)

cause to be investigated violations of this Ordinance;

h)

enforce the provisions of this Ordinance;

i)

issue notice of corrective action(s) when required;

j)

use the remedies provided in this Ordinance to gain compliance;

k)

be authorized to gather evidence in support of said activities;

l)

receive appeals and forward cases to the appropriate body; and

m)

perform other duties as may be assigned by the City Council and/or the Planning Commission.

(Ord. No. 21-739, § 1, 6-15-21)

Development approvals and/or determinations made by the Administrator are considered decisions made by the Administrator. Appeals from the decisions of the Administrator in which it is alleged there is an error in an order, requirement, decision, or determination made in the enforcement of this Ordinance shall be made to the Board of Adjustment in accordance with Section 5.13 of this Ordinance. The Administrator shall give written notice of such decision to the owner of the property that is the subject of the decision and to the party who sought the decision, if different from the owner. The written notice shall be delivered by personal delivery, electronic mail, or by first class mail in accordance with G.S. 160D-403(b).

(Ord. No. 13-628, § 1, 11-19-13; Ord. No. 21-739, § 1, 6-15-21)

Pursuant to G.S. 160D-301, there is hereby established a planning agency known as the Planning Commission.

(Ord. No. 21-739, § 1, 6-15-21)

The Planning Commission shall have the following powers and duties:

A.

To prepare or hear, review and make recommendations on the content of a comprehensive plan, land use plan, and other plans that address land use and planning related issues and to submit such plan to the governing board.

B.

To prepare or hear, review and make recommendations on amendments to any such plans for submittal to the governing board.

C.

To initiate or hear, review, and make recommendations to the governing board on applications for amendments to the text of this Ordinance or to the Official Zoning Map.

D.

To initiate, hear and decide decisions on applications for amendments to the Official Zoning Map in accordance with Section 5.16 of this Ordinance and SL 1993-247.

E.

To approve special use permits in accordance with Section 5.11 of this Ordinance.

F.

To adopt rules of procedure for the conduct of its meetings and for any other purposes deemed necessary and consistent with this Ordinance and all other applicable local and State regulations.

G.

To render decisions on preliminary plats of major subdivisions per Section 13.14.

H.

To grant modifications to the terms of Chapter 13 as provided for in Section 13.7.

I.

Other duties specifically listed in this Ordinance.

(Ord. No. 21-739, § 1, 6-15-21)

A.

Pursuant to authority granted by G.S. 160D-301, a planning and zoning commission consisting of eight (8) members and being known as the Gastonia Planning Commission is hereby established. The remaining eight (8) members shall be appointed by the City Council. Six (6) of said eight (8) members shall represent the six (6) wards of the city and shall reside in the particular ward, which they represent. The seventh and eighth member shall represent the city at large and shall reside in the corporate limits.

The residency requirement for each seat on the Planning Commission shall be a condition for remaining in office. If a Planning Commissioner ceases to reside in the required area during their term (by either the Planning Commissioner relocating residence or by the boundary of the required area of residence changing), the commissioner will no longer be qualified to serve, creating a vacancy. The City Council shall appoint a new commissioner to serve the remainder of the term of the vacated seat. If a vacancy occurs on the Planning Commission for any other reason, the City Council shall appoint a replacement to fill the remainder of the term. The term of office for each Planning Commission seat shall be three (3) years and members may be appointed for successive terms provided all qualifications for office are met. The terms of the Planning Commissioners shall be staggered as follows:

1.

Wards one and four seats shall expire on June 30, 2006, and every three (3) years thereafter;

2.

Wards two and three seats and the at-large seat number two shall expire on June 30, 2007, and every three (3) years thereafter;

3.

Wards five and six seats and the city at-large seat number one shall expire on June 30, 2008, and every three (3) years thereafter; and

B.

In July of each year, the City Council shall designate one of the members Chairperson and one of the members as Vice-Chairperson. If either the Chairperson or Vice-Chairperson position becomes vacant before the end of the term, the City Council shall appoint a replacement to fill the remainder of the term. In the absence of the Chair, the Vice-Chair shall act as Chair and shall have all powers of the Chair. In the absence of both, the Commission shall elect a temporary chair to conduct the meeting. The Chair, or in the Chair's absence the Vice-Chair, shall administer oaths, be in charge of all proceedings before the Commission, and take such action necessary to preserve the order and integrity of all proceedings before the Commission.

C.

Any member of the Planning Commission who is absent from four (4) consecutive meetings, or whose percentage of attendance is less than sixty (60) percent over a 12-month period, shall automatically terminate.

(Ord. No. 12-600, § 3, 2-7-12; Ord. No. 21-739, § 1, 6-15-21)

The Director of Planning shall appoint a Secretary to serve the Planning Commission. An alternate Secretary may be appointed as needed to fill this role. The Secretary shall keep Planning Commission minutes showing the vote of each member on all voting matters. In addition, the Secretary shall maintain all records of Planning Commission meetings, hearings and proceedings, as well as the correspondence of the Planning Commission. All such minutes, records and files shall be housed in the office of the Planning Department as a public record.

(Ord. No. 21-739, § 1, 6-15-21)

The Administrator (or their designee) shall serve as the professional staff to the Planning Commission.

(Ord. No. 21-739, § 1, 6-15-21)

A.

Pursuant to G.S. 160D-302, a Board of Adjustment is hereby established. The duties of the Board of Adjustment shall be as follows:

1.

To hear and decide appeals from the decisions of the Administrator in which it is alleged there is an error in an order, requirement, decision, or determination made by the Administrator in the enforcement of this Ordinance pursuant to Section 5.13.

2.

To hear and decide on applications for variances from the terms of this Ordinance pursuant to Section 5.14.

3.

To hear and decide on applications for special use permits as provided in Section 5.11 of this Ordinance.

4.

To adopt rules of procedures for the conduct of its meetings, so long as such policies and procedures are consistent with this Ordinance and all other applicable local and State regulations.

5.

To hear an appeal from a decision of the Historic District Commission.

6.

The Board of Adjustment shall exercise any other powers as may be granted herein by this Ordinance. In carrying out its duties, the Board of Adjustment may subpoena witnesses and compel the production of evidence.

B.

The Board of Adjustment shall not have power, jurisdiction, or authority to neither amend any ordinance nor issue any variance in use.

(Ord. No. 11-586, § 1, 1-18-11; Ord. No. 13-628, § 2, 11-19-13; Ord. No. 21-739, § 1, 6-15-21)

The consideration and final decision on any application for an appeal, variance, special use permit, interpretation, or change or expression of a nonconformity, shall be made by the Board of Adjustment only after an evidentiary hearing has been properly advertised and convened.

(Ord. No. 21-739, § 1, 6-15-21)

A.

A Board of Adjustment to consist of five (5) regular members is hereby established. Members shall be appointed by the City Council. One member initially shall be appointed for a term of one year; two (2) members initially shall be appointed for a term of two (2) years; and, two (2) members initially shall be appointed for a term of three (3) years. At the expiration of the term of such members first selected, their successors, except in the case of a vacancy, shall be appointed for a term of three (3) years. In July of each year, the City Council shall designate one of the members chairperson and one of the members as vice-chairperson. If either the chairperson or vice-chairperson position becomes vacant before the end of the term, the City Council shall appoint a replacement to fill the remainder of the term.

B.

In addition, the Board of Adjustment shall be appointed up to five (5) alternate members to serve on said board in the event of either absence or conflict of interest of any regular member. Each alternate member while attending any regular or special meeting of the board and serving in the role of any regular member shall have and may exercise all the powers and duties of a regular member. Alternate members shall be appointed by the City Council. The original appointments of alternate members to said board shall be made as follows: One member shall be appointed for a term of one year; two (2) members shall be appointed for a term of two (2) years; and two (2) members shall be appointed for a term of three (3) years. At the expiration of the terms of such alternate members first selected, their successors, except in the case of a vacancy, shall be appointed for a term of three (3) years.

(Ord. No. 12-600, § 3, 2-7-12; Ord. No. 21-739, § 1, 6-15-21)

The Director of Planning shall appoint a secretary to serve the Board of Adjustment. An alternate secretary may be appointed as needed to fill this role. The Secretary shall keep Board of Adjustment minutes showing the vote of each member on all voting matters In addition, the Secretary shall maintain all records of Board of Adjustment meetings, hearings and proceedings, as well as the correspondence of the Board of Adjustment. All such minutes, records and files shall be housed in the office of the Planning Department as a public record.

The City Manager shall appoint one or more persons to serve as the staff to the Board of Adjustment.

No meeting of the Board of Adjustment may be called to order, nor may the Board of Adjustment transact any business not requiring an evidentiary hearing without a quorum consisting of a majority of the appointed regular membership of said body.

(Ord. No. 13-628, § 3, 11-19-13; Ord. No. 21-739, § 1, 6-15-21)

A.

All meetings and evidentiary hearings shall be open to the public and shall be conducted in accordance with the procedure set forth in these regulations and any rules of procedure adopted by the Board of Adjustment. Such rules of procedure may be amended by the Board of Adjustment membership.

B.

Any rules of procedure adopted by the Board of Adjustment membership shall be kept on file at the offices of the Administrator and appear on the website in accordance with G.S. 160D-308. Such rules shall be made available to the public at any meeting or hearing of the Board of Adjustment.

(Ord. No. 21-739, § 1, 6-15-21)

Editor's note— Ord. No. 21-739, § 1, adopted June 15, 2021, repealed §§ 4.5.9—4.5.12, which pertained to various provision regarding application procedures for appeals to the Board of Adjustment, and derived from Ord. No. 11-586, § 1, adopted Jan. 18, 2011; and Ord. No. 13-628, §§ 4—7, adopted Nov. 19, 2013.

The staff-appointed Technical Review Committee (TRC) has the authority to review and/or approve preliminary and final plats for minor and major subdivisions/unified development. Such review and/or approval shall be based on conformity of the proposed use, improvement, and/or development to the policies, standards, and requirements of the city and all applicable city, county, state and federal requirements. Review and/or approval shall follow the process as noted in Section 13.8.

A.

The TRC shall be comprised of city staff.

B.

Such persons shall serve on the TRC at the pleasure of the City Manager.

The City Manager shall appoint a secretary to serve the TRC. The Secretary shall maintain all records of TRC meetings as well as the correspondence of the TRC. All such records and files shall be housed in the office of the Engineering Department as a public record.

The City shall appoint one or more persons to serve as the professional staff to the TRC.