Where there is an uncertainty as to the intent of actual meaning of any provision of this chapter, or as to the intended location of any zoning district boundary shown on the zoning atlas, the planning director shall make an interpretation of such provision or boundary on request of any person. Any person aggrieved by such interpretation may appeal the interpretation to the board of adjustment in accordance with the provisions of section 14-592. In making an interpretation of any zoning district boundary, or in deciding any appeal thereof, the planning director or board of adjustment shall apply the following standards:

   (1)   Boundaries indicated as approximately following the centerline of streets, highways or alleys shall be construed as following such centerline.

   (2)   Boundaries indicated as approximately following lot lines shall be construed as following such lot lines.

   (3)   Boundaries indicated as approximately following railroad lines shall be construed to be midway between the main tracks.

   (4)   Boundaries indicated as approximately following the shoreline or centerline of streams, rivers, lakes or other bodies of water shall be construed as following such shoreline or centerline; in the event of change in shoreline or centerline, the boundary shall be construed as moving with the actual shoreline or centerline.

   (5)   Boundaries indicated as approximately following designated limits of areas of special flood hazard shall be construed as following such limits, as shown on the official base floodway and floodplain boundary maps and base flood profiles.

   (6)   Boundaries indicated as approximately parallel to, as extensions of, features described in subsections (1)—(5) of this section shall be so construed; distances not specifically indicated on the zoning atlas shall be determined by reference to the scale of the atlas.

   (7)   Where features described in subsections (1)—(5) of this section, as existing on the ground, are at variance with those indicated on the zoning atlas, or in other circumstances not covered by subsections (1)—(6) of this section, the board of adjustment shall interpret the district boundaries.

(Ord. of 7-10-2000, § 13.1)

   (a)   Applicability. Any decision of the county manager, zoning administrator or other designee made in the administration of the provisions of this chapter may be appealed to the board of adjustment by any person aggrieved by such decision. G.S. 160D-405 authorizes appeals to a board of adjustment. An application for appeal shall be filed within 30 days of the filing of the decision being appealed or the delivery of any required written notice of the decision, whichever is later. Any decision of the planning board in granting or denying a preliminary plat approval, or a conditional land use permit approval and any decision of the board of commissioners may be appealed to the superior court within 30 days by an action in the nature of a writ of certiorari.

   (b)   Stay of further action. An appeal to the board of adjustment stays all actions seeking enforcement of and compliance with the decision being appealed, except where the planning director certifies to the board of adjustment that, based on findings stated in the certificate, a stay would cause imminent peril to life or property, or that because the situation appealed from is transitory in nature, an appeal would seriously interfere with enforcement of this chapter. G.S. 160D-405 is the basis for this subsection.

(Ord. of 7-10-2000, § 13.2; Amend. of 9-8-2009; Amend. of - - )

   (a)   When unnecessary hardships would result from carrying out the strict letter of a zoning ordinance, the board of adjustment may vary any of the provisions of the ordinance in accordance with G.S. 160D-705.

   (b)   No change in permitted and/or special uses may be authorized by variance.

   (c)   Appropriate conditions may be imposed on any variance, provided that the conditions are reasonably related to the variance.

   (d)   A variance from the dimensional regulations of this chapter may be granted by the board of adjustment if it finds that the following can be determined:

      (1)   That strict compliance with the regulations would result in an unnecessary hardship;

   (2)   That the hardship results from conditions that are peculiar to the property, such as location, size, or topography. Hardships resulting from personal circumstances, as well as hardships resulting from conditions that are common to the neighborhood or the general public, may not be the basis for granting a variance. A variance may be granted when necessary and appropriate to make a reasonable accommodation under the Federal Fair Housing Act for a person with a disability;

      (3)   The hardship did not result from actions taken by the applicant or the property owner. The act of purchasing property with knowledge that circumstances exist that may justify the granting of a variance shall not be regarded as a self-created hardship;

      (4)   That the requested variance is consistent with the spirit, purpose, and intent of the ordinance, such that public safety is secured, and substantial justice is achieved;

      (5)   That the variance will not substantially interfere with or injure the rights of others whose property would be affected by granting of the variance;

      (6)   That the hardship relates to the applicant’s property, rather resulting from the existence of nonconforming situations in the vicinity; and

      (7)   That the variance will not result in a violation of the provisions of article X of this chapter by allowing the enlargement, extension, or the greater permanence or intensity of a nonconforming use or feature.

(Ord. of 7-10-2000, § 13.3; Amend. of 12-1- 2014; Amend. of - - )

   (a)   Application submittal requirements. Applications for appeal or for a variance shall be filed with the planning director. The planning director shall prescribe the form on which applications are made, as well as any other material which may reasonably be required to make the determinations called for in the particular case, with sufficient copies for necessary referrals and records. No applications shall be accepted by the planning director unless it complies with such requirements. Applications which are not complete shall be returned forthwith to the applicant, with a notation of the deficiencies in the application. On receipt of a complete application, the planning director shall transmit the application to the board of adjustment. In the case of applications for appeal, the planning director shall also transmit to the board all documents constituting the record on which the decision being appealed was based.

   (f)   Appeal of decision. A decision of the board of adjustment on an application for appeal or for a variance may be appealed to the superior court by an aggrieved party. Such appeal shall be in the nature of certiorari and must be filed within 30 days of the filing of the decision in the office of the planning department or the delivery of the notice required in subsection (d) of this section, whichever is later.

(Ord. of 7-10-2000, § 13.4; Amend. of - - )

   Whenever, by the provisions of this article, the performance of any act is required, or the performance of any act is prohibited, or whenever any regulation or limitation is imposed on the use of any land, or on the erection, alteration, or the use or change of use of a structure, a failure to comply with such provisions shall constitute a violation of this chapter.

(Ord. of 7-10-2000, § 14.1)

   The owner, tenant, or occupant of any land or structure, or part thereof, and any architect, engineer, builder, contractor, agent, or other person who participates in, assists, directs, creates, or maintains any such situation that is contrary to the requirements of this chapter may be held responsible for the violation and be subject to the penalties and remedies provided in section 14-614.

(Ord. of 7-10-2000, § 14.2)

   Upon the determination that any provision of this chapter is being violated, the planning director shall deliver a written notice by personal service or by registered or certified mail, return receipt requested, to the person responsible for such violation, to the holder of the development approval, and to the landowner of the property involved, if the landowner is not the holder of the development approval, indicating the nature of the violation and ordering the action necessary to correct it. The notice of violation shall be delivered by personal delivery, electronic delivery, or first-class mail and may be provided by similar means to the occupant of the property or the person undertaking the work or activity. The notice of violation may be posted on the property. The person providing the notice of violation shall certify to the county that the notice was provided, and the certificate shall be deemed conclusive in the absence of fraud. Additional written notices may be sent at the planning director's discretion. The final written notice, which may also be the initial notice, shall state possible sanctions if the violation is not corrected, and shall advise that the planning director's order may be appealed to the board of adjustment as provided in section 14-592. In cases when delay would seriously threaten the effective enforcement of this chapter, or pose a danger to the public health, safety or general welfare, the planning director may seek enforcement without prior written notice by invoking any penalties or remedies contained in section 14-614.

(Ord. of 7-10-2000, § 14.3; Amend. of - - )

   (a)   Criminal penalties. Any violation of any provision of this chapter shall constitute a misdemeanor and shall subject the violator to a penalty of $500.00 or imprisonment for not more than 30 days. Any act constituting a violation of this chapter shall also subject the offender to a civil penalty of $100.00. If the offender fails to pay the penalty within ten days of receiving final written notice of a violation, the penalty may be recovered by the county in a civil action in the nature of a debt. A civil penalty may not be appealed to the board of adjustment if the offender received a final written notice of violation and did not appeal to the board of adjustment within 45 days of the receipt of the written notice. Each day that any violation continues after receipt of the final written notice of such violation shall constitute a separate violation and a separate offense for purposes of the penalties and remedies specified in this section. The county may hold or revoke the issuance of any county permit for land or structures upon which a violation has occurred or one otherwise impacted by a violation. For any building or structure which requires or has received a certificate of occupancy, and is being maintained in violation, or is directly impacted by a violation of this chapter, such violation is deemed to be an applicable ordinance pursuant to section 309.1 of the state building code and no certificate of occupancy may be issued until the violation is corrected.

   (b)   Civil penalties. The county zoning enforcement officer, and any planning department employee designated as having authority to assess civil penalties under this chapter are hereby empowered to issue civil citations upon the observance of a violation of this chapter. The minimum civil penalties for violation of this chapter shall be as follows:

   (1)   Restitution of damages. The county may seek restitution of damages or extra expenses including the cost of clean up, resulting from any violation of this chapter. The minimum charge for clean up will be $25.00. Actual charges will be determined by the planning director or authorized personnel.

   (2)   Monetary penalties. The minimum civil penalties for violation of this chapter shall be as follows:

 

 

   (c)   In addition to any civil or criminal remedies set out in this section the county, in its sole discretion, may seek, as an alternative and/or additional relief the recovery of its actual investigative cost where:

   (1)   The person responsible for the violation has received at least one notice of violation or citation prior to the enforcement action in which investigative cost are being sought;

   (2)   Those administrative costs are determined to be greater than $500.00.

   In the event a violation of this Code of Ordinances is determined to exist by a court of competent jurisdiction, the person subject to the enforcement action taken by the county shall be liable for the county's reasonable attorney's fees in accordance with North Carolina law.

(Ord. of 7-10-2000, § 14.4; Ord. of 11-13-2000, § 14.4; Amend. of 10-13-2003, § 2)

   Any county initiated removal of junked motor vehicles shall be subject to all hearing requirements as identified by G.S. 153A-132.2(a3). The hearing procedure is hereby established subject to Article XI of this Code.

(Ord. of 2-3-2014)

   (a)   The board of commissioners shall have the following responsibilities in relation to the administration of this chapter:

   (1)   Hear and decide applications for amendments to the text, schedules and zoning atlas map portions of this chapter;

   (2)   Hear and decide applications for a special use permit;

   (3)   Establish rules and procedures for the conduct of hearings and other procedures before the board of commissioners;

   (4)   Make the necessary appointments to the planning board and board of adjustment; and

   (5)   Provide by appropriation, funds for the administration of this chapter.

   (b)   In considering proposed amendments to the text of this chapter or to the zoning atlas, the board of commissioners acts in its legislative capacity and shall observe the procedural requirements set forth in division 4 of this article.

   (c)   In considering special use permit applications, the board of commissioners acts in a quasijudicial capacity and, accordingly, shall observe the procedural requirements set forth in article IV of this chapter.

   (d)   Unless otherwise specifically provided for in this chapter, the board of commissioners, in acting upon a special use permit application or in considering amendments to this chapter or the zoning atlas, shall observe the quorum, voting, and other requirements set forth in the board of commissioners administrative policy.

   (e)   The board of commissioners shall adhere to the following conflict of interest provisions required by G.S. 160D-109:

   (1)   Commissioners shall not vote on any 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.

   (2)   Commissioners 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.

   (3)   Commissioners shall not participate in or vote on any quasijudicial 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.

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

(Ord. of 7-10-2000, § 15.1; Amend. of - - )

   (a)   Establishment of the board; qualifications. A planning board is hereby established consisting of nine voting members and one representative from the board of county commissioners and one representative from the board of education who will serve as nonvoting, ex officio members. All members shall reside within the county and shall be appointed by the board of commissioners.

   (b)   Tenure. Members of the planning board shall be appointed to serve terms of three years, and until their respective successors have been appointed and qualified. Vacancies shall be filled for the unexpired term only.

   (c)   Officers. The planning board shall elect one member to serve as chairman and preside over its meetings, and shall create and fill such offices and committees as it may deem necessary. The term of the chairman and other offices shall be one year, with eligibility to serve consecutive terms.

   (d)   Powers of the board. The planning board shall have the following powers and duties:

   (1)   To make studies of the general development characteristics and problems of the county, including surveys and inventories of an appropriate nature, and to recommend standards and policies of development for the county or any portion thereof, or any project to be undertaken in this chapter;

   (2)   To seek to coordinate the activities of individuals and public agencies and organizations whose plans, activities, and programs bear on the general development of the county;

   (3)   To undertake, on its own or in collaboration with any other board, commission, agency, society, or organization, any programs of information, research, or analysis relating to any matters under its purview;

   (4)   To cooperate with other boards, commissions, or agencies of the county or other governmental unit in offering or requesting assistance, guidance, or advice concerning matters under the board's purview or of mutual interest;

   (5)   To formulate and recommend to the board of commissioners the adoption or amendment of ordinances that, in the opinion of the board will serve to promote the orderly development of the county in accordance with the comprehensive plan;

   (6)   To promote public interest in an understanding of its recommendations, studies, and plans, and to prepare, publish, and distribute to the public such studies and reports that, in the opinion of the board, will promote the orderly development of the county in accordance with the comprehensive plan and other county development policies;

   (7)   To request the board of commissioners to hold public hearings on matters within the purview of the board;

   (8)   To enter, at reasonable times, upon private lands and make examinations or surveys as necessary for the performance of its official duties;

   (9)   To conduct public meetings and hearings, giving reasonable notice to the public thereof;

   (10)   To review and make recommendations to the board of commissioners on special use permit applications where appropriate, and on proposed amendments to development ordinances and the zoning atlas;

   (11)   To review and take action on proposed plats for subdivision for conformity with land development regulations, in accordance with article III of this chapter;

   (12)   To establish an advisory council or other committees within its membership as it may deem necessary;

   (13)   To recommend that one of its members serve as a liaison with the county board of adjustment; and

   (14)   To exercise such other powers and to perform such other duties as are authorized or required elsewhere in this chapter, the General Statutes, or by the board of county commissioners.

   (e)   Meetings. The planning board shall establish a regular meeting schedule, and shall meet at least monthly and more often as it shall determine and require. All meetings of the board shall be open to the public, and reasonable notice of the time and place thereof shall be given to the public, in accordance with G.S. 143-138.9 et seq. The board shall keep a record of its meetings, including attendance of its members, its resolutions, findings, recommendations and actions. In case of a divided vote on any question on which the board is required to act, the record shall include the vote of each member.

   (f)   Attendance at meetings. Any member of the planning board who misses more than two regular meetings in a six-month period shall constitute grounds for the loss of status as a member of the board, and may be replaced by the board of commissioners. Absence due to a sickness, death, or other emergency of like nature shall be recognized as an excused absence, and shall not affect the member's status on the board, except that in the event of a long illness or other such cause for prolonged absence, the member shall be replaced.

   (g)   Quorum and voting. A quorum of the planning board, necessary to take any official action, shall consist of six members. The concurring vote of a simple majority of those members present shall be necessary to take any official action.

   (3)   Shall not participate in or vote on any quasijudicial 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.

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

(Ord. of 7-10-2000, § 15.2; Ord. of 1-14-2002; Amend. of 4-2-2007; Amend. of 3-3-08(1); Amend. of - - )

   (a)   Establishment of the board; qualifications. A board of adjustment consisting of five members and two alternate members is established. The five members and two alternates shall reside within the county and shall be appointed by the board of commissioners. Each alternate member shall sit as a regular member on any matter in the absence of a regular member. Members shall serve without compensation.

   (b)   Tenure. Members of the board of adjustment shall be appointed to serve terms of three years, and until their respective successors have been appointed and qualified. The terms of the original members may be staggered so that all terms do not expire simultaneously. Vacancies shall be filled for the unexpired term only.

   (c)   Officers. The board of adjustment shall elect one member to serve as chairman and preside over its meetings, and shall create and fill such offices and committees as it may deem necessary. The term of the chairman and other offices shall be for one year, with eligibility for reelection to a second term. The chairman or any member temporarily acting as chairman is authorized to administer oaths to any witnesses in any matter coming before the board.

   (d)   Powers of the board. The board of adjustment shall have the following powers:

   (1)   To hear and decide appeals from any decision or determination made by the planning director in the performance of his duties in the enforcement of this chapter;

   (2)   To hear and decide requests for variances from the dimensional regulations of this chapter, in accordance with article X of this chapter;

   (3)   To make interpretations of the zoning atlas, including disputed questions on zoning district boundary lines or lot lines, and similar questions as they arise in the administration of this chapter;

   (4)   To enter, at reasonable times, upon private lands and make examinations or surveys as necessary for the performance of its official duties;

   (5)   To request the board of commissioners to hold public hearings on matters within the purview of the board; and

   (6)   To hear and decide any other matter as required by the provisions of this chapter.

   (e)   Meetings. The board of adjustment shall establish a regular meeting schedule and shall meet frequently enough so that it may take action as expeditiously as reasonably possible. All meetings of the board shall be open to the public and reasonable notice of the time and place thereof shall be given to the public in accordance with G.S. ch. 143, art. 33C. The board shall adopt rules of procedure and regulations for the conduct of its affairs. In considering appeals, variance requests, and interpretations, the board shall observe the quasijudicial procedural requirements set forth in article X of this chapter. The board shall keep a record of its meetings, including attendance of its members, the vote of each member on every question, a complete summary of the evidence submitted to it, documents submitted to it, and all official actions.

   (f)   Attendance at meetings. Any member of the board of adjustment who misses more than three consecutive regular meetings or more than half the regular meetings in a calendar year may lose his status as a member of the board, and shall be replaced by the board of commissioners. Absence due to sickness, death, or other emergency of like nature shall be recognized as an excused absence, and shall not affect the member's status on the board, except that in the event of a long illness or other such cause for prolonged absence, the member shall be replaced.

   (g)   Quorum and voting. A quorum of the board of adjustment, necessary to take any official action, shall consist of four members. The concurring vote of four-fifths of the membership of the board shall be necessary in order to:

   (1)   Approve an application for a variance;

   (2)   Reverse or modify a decision of the planning director in the case of applications for appeal; or

   (3)   Decide in favor of the applicant in any other matter on which the board is required to act by this chapter.

   The concurring vote of a majority of those members present shall be necessary to conduct routine business of the board, to deny applications for variances; and, in the case of appeals, to affirm the decision of the planning director.

   (h)   Appeals of board of adjustment actions. Every decision of the board of adjustment may be appealed to the superior court by an aggrieved party. Such appeal shall be in the nature of certiorari and must be filed within 30 days of the filing of the decision in the office of the planning department or the delivery of the notice required in section 14-613 whichever is later.

(Ord. of 7-10-2000, § 15.3; Amend. of 12-3-2007; Amend. of 9-8-2009; Amend. of - - )

   (a)   In order to establish and maintain sound, stable and desirable development within the planning jurisdiction of the county it is intended that this chapter shall not be amended except:

   (1)   To correct a manifest error in this chapter;

   (2)   Because of changed or changing conditions in a particular area of the jurisdiction generally; or

   (3)   To achieve the purposes of the comprehensive plan.

   (b)   It is further intended that, if amended, this chapter be amended only as reasonably necessary to the promotion of the public health, safety, or general welfare, and in conformance with the comprehensive plan.

(Ord. of 7-10-2000, § 16.1)

   (a)   A request to amend this chapter may be initiated by:

   (1)   The board of commissioners, on its own motion;

   (2)   The planning board, on the submittal of a request to the board of commissioners;

   (3)   The county manager, on submittal of a request to the board of commissioners; or

   (4)   Any property owner or citizen, or agent thereof, on submittal of an application to the planning director.

   (b)   All requests and applications for amendments to this chapter shall be acted on as provided in this division.

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

   (2)   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.

   (d)   A request for a rezoning to a conditional zoning district may be made only by application from the owners of all the property included in the area proposed to be rezoned. This option is intended to support rezonings for firm development proposals with definitive plans that are customized to the context of a particular development project on a particular site. Each conditional zoning district includes one or more conditions of approval that help the project conform to the county’s adopted ordinances and plans, and mitigate the impacts reasonably expected to be generated by the development or use of the site.

      a.   Does not involve a change in uses permitted or the density of overall development permitted;

      b.   Does not increase the impacts generated by the development on traffic, stormwater runoff, or similar impacts beyond what was projected for the original development approval; and

      c.   Meets all other ordinance requirements.

      d.   Site design minor modifications are limited adjustments to the terms or design of an approved development plan or plat, including a site plan attached as a condition to a conditional zoning. In addition to the general limitations for minor modifications, a site design minor modification must comply with underlying zoning standards and other applicable conditions of the approval and be limited to a minor change such as, without limitation, a minor adjustment to road configuration or internal circulation, a minor adjustment to building location, or a minor adjustment to utility alignment.

(Ord. of 7-10-2000, § 16.2; Amend. of - - )

   (b)   Application submittal requirements. Applications for amendments to this chapter, as provided in section 14-652, shall be filed with the planning director. The planning director shall prescribe the form on which applications are made. Applications shall include the name and address of the owner of each zoning lot involved, and the relationship of the applicant and property owner in connection with the application. If the applicant or property owner is an entity other than an individual, the application shall also include detailed information regarding the principals of the entity. The planning director shall prescribe any other material that may reasonably be required to determine compliance with this chapter, with sufficient copies for necessary referrals and records. No application shall be accepted by the planning director unless it complies with such requirements. Applications which are not complete shall be returned forthwith to the applicant, with a notation of the deficiencies in the application.

   (c)   Planning director's report. When an amendment request is referred to the planning director or when he accepts an application for amendment, the planning director shall cause appropriate officials to determine if it conforms with the intent of this chapter and shall complete his report within 15 working days of the board of commissioners' referral of an amendment request or the acceptance of a complete application, and shall submit his report at the next regularly scheduled meeting of the planning board or within further time consented to by written notice from the applicant or by board of commissioner resolution. The time limits of this subsection for the planning director's review shall not apply to applications for rezoning to a conditional use district.

   (d)   Planning board review. The planning board shall review the request or application and the planning director's report and recommendations, and shall submit a written recommendation to the board of commissioners. The planning board shall advise and comment on whether the proposed action is consistent with the comprehensive plan that has been adopted and any other officially adopted plan that is applicable. 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. If a zoning map amendment qualifies as a large-scale rezoning under G.S. 160D-602(b), the planning board statement describing plan consistency may address the overall rezoning and describe how the analysis and policies in the relevant adopted plans were considered in the recommendation made. The planning board shall prepare its recommendation within 35 days of the meeting at which the planning director's report is submitted to the planning board and shall forward its recommendation to the board of commissioners at the commissioner's next available public hearing scheduled for amendment applications or within such further time consented to in writing by the applicant or by board of commissioners resolution.

   (2)   Optional notice for large-scale zoning map amendments. The first-class mail notice required under subsection (1) 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 county elects to use the expanded published notice provided for in this subsection. In this instance, the county may elect to make the mailed notice provided for in subsection (1) 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 (1) of this section.

      a.   A plan amendment and a zoning amendment may be considered concurrently. The plan consistency statement is not subject to judicial review.

      b.   If a zoning map amendment qualifies as a large-scale rezoning under G.S. 160D-602(b), the governing board statement describing plan consistency may address the overall rezoning and describe how the analysis and policies in the relevant adopted plans were considered in the action taken.

      a.   The size, physical conditions, and other attributes of the 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 on the tract and adjoining areas and the development that would be permissible under the proposed amendment;

      d.   Why the action taken is in the public intrest; and

      e.   Any changed conditions warranting the amendment.

         If a zoning map amendment qualifies as a large-scale rezoning under G.S. 160D-602(b), the governing board statement on reasonableness may address the overall rezoning.

(Ord. of 7-10-2000, § 16.3; Amend. of 12-1-2008; Amend. - - )

   In accordance with General Statutes, approval of a special use permit shall constitute approval of a site specific vesting plan. Such approval shall establish a vested property right within the meaning of G.S. 160D-108.1 that expires two years after the date of the board of commissioners or planning board approval, where appropriate, if no building permit application has been filed. Such vested right shall only preclude subsequent ordinance changes affecting the type and intensity of development on the property for which the right has vested.

(Ord. of 7-10-2000, § 16.4; Amend. of - - )