A.

General rules. The board of adjustment shall be governed by the terms of Chapter 160A, Article 19, Part 3 of the North Carolina General Statutes and by the zoning ordinance of the Town of Lake Waccamaw. All members of the board shall thoroughly familiarize themselves with these laws.

B.

Officers and duties.

1.

Election of officers. The board shall elect a chairman, vice-chairman, and clerk to the board at the regular meeting each July. All officers may succeed themselves.

2.

The chairman. The chairman shall preside at all meetings and public hearings of the board; shall decide on all matters of order and shall develop a meeting agenda with the assistance of the zoning administrator/town manager; and shall provide the Lake Waccamaw Board of Commissioners with an annual report of the board activities by June 30 of each year.

3.

The vice-chairman. In absence of the chairman, the vice-chairman shall perform all duties assigned to the chairman.

4.

The clerk to the board. The clerk to the board is charged with responsibility for the keeping of minutes of all regular meetings, special meetings, and public hearings called by the board. The clerk, after conferring with the chairman, shall have staff send notices of all regular meetings, special meetings, and public hearings at least four (4) days in advance of the meeting and shall notify members by phone at least twenty-four (24) hours in advance of special or emergency meetings. The clerk is also charged with the responsibility for all the Board related correspondence and for the maintenance of the board records and files,

5.

The zoning administrator. As the zoning enforcement officer, the zoning administrator shall serve as an ex officio, non-voting, member of the board, giving counsel and providing information when required or requested. The Zoning administrator/town manager shall also serve as the assistant clerk and provide required assistance to the clerk and the board.

C.

Number of members.

1.

A board of adjustment is hereby established. In succeeding paragraphs, the word "board" shall mean the board of adjustment. Said board shall consist of six (6) regular members and two (2) extra-territorial jurisdiction members. Appointments shall be made in the following manner:

2.

The Lake Waccamaw Board of Commissioners shall appoint six (6) residents of the town to serve for a period of three (3) years. The Columbus County Board of Commissioners shall appoint two (2) members to the board who reside within the approved extra-territorial limits of Lake Waccamaw for three (3) year terms. County appointments will be made at the request of the municipal government. Members may be reappointed to unlimited successive terms. Appointment to unfulfilled terms shall be for the length of the original appointment. As of September 8, 2003, the Lake Waccamaw Planning Board will assume the duties of the board of adjustment. The planning board members serving as of the date listed above will serve in a dual capacity, both as planning board and board of adjustment members.

D.

Rules of conduct for members.

1.

Members of the board may be removed for cause, including violation of the rules stated below.

2.

Faithful attendance at all board meetings and conscientious performance of the duties required of board members shall be considered a prerequisite of continuing membership on the board.

3.

No board member shall take part in the hearing, consideration, or determination of any case in which he is personally or financially interested.

4.

No board member shall discuss any case with any parties thereto before the public hearing on that case; provided, however, that members may receive and/or seek information pertaining to the case from any other member of the board, its secretary, or clerk before the hearing.

5.

No board member shall vote on any matter that decides an application or appeal unless he has attended the public hearing on that application or appeal.

6.

Members of the board shall not express individual opinions on the proper judgment of any case with any parties thereto before that case is determined. Violation of this rule shall be cause for dismissal from the board.

E.

Meetings. All meetings of the board shall be held at a regular place and be open to the public. The board shall keep minutes of its proceedings in a file maintained for that purpose. The minutes shall show those members present, the nature of the issue, facts presented as evidence, findings of fact by the board, and the decision of the board (including a record by name of each member's vote). The minutes shall be considered public record. No action shall be taken on any matter unless a quorum is present.

1.

Time. Meetings will be called as needed and will be held on the first (1st) Monday night of each month, as necessary.

2.

Quorum. A quorum shall consist of no fewer than five (5) members.

3.

Voting. All regular members may vote on any issue unless they have disqualified themselves for one (1) or more of the reasons listed in section D. The required vote to decide appeals and applications shall be four-fifths ( 4/5 ), and shall not be reduced by any disqualification. In all other matters the vote of a majority of the members present and voting shall decide issues before the board.

4.

Conduct of meetings. All meetings shall be open to the public. The order of business at meetings shall be as follows:

(a)

Roll call;

(b)

Approval of minutes of the previous meetings;

(c)

Hearing of cases;

(d)

Reports of committees;

(e)

Unfinished business;

(f)

Consideration and determination of cases heard.

All meetings will be held in accordance with the North Carolina Open Meetings Law.

F.

[Powers.] The board shall have the following powers: Any person aggrieved or any officer, department, board or bureau of the city affected by such decision may take an appeal from the decision of the zoning administrator to the board of adjustment. Such appeal shall be taken within a reasonable time as provided by the rules of the board by filing with the officer from whom the appeal is taken and with the board of adjustment a notice of appeal specifying the grounds thereof. The officer from whom the appeal is taken shall forthwith transmit to the board all papers constituting the record upon which the action appealed from was taken.

An appeal stays all proceedings in furtherance of the action appealed from, unless the officer from whom the appeal is taken certifies to the board that by reasons of facts stated in the certificate a stay would in his opinion cause imminent peril to life or property. In such case, proceedings shall not be stayed otherwise than by restraining order which may be granted by the board or by a court of record on application of notice to the officer from whom the appeal is taken and on due cause shown.

1.

To hear and decide appeals where it is alleged that there is error in any order, requirement, decision or determination made by the zoning administrator. The concurring vote of four-fifths ( 4/5 ) members of the board shall be necessary to reverse any order, requirement, decision or determination of the zoning administrator to decide in favor of the applicant any matter which it is required to pass under the zoning ordinance or to effect any variation in such ordinance.

2.

To permit a temporary building for business or industry in the residential zone, which is incidental to the residential development, such permit to be issued for a period of not more than one (1) year.

3.

To permit a garage, other than a private garage, but for storage purposes only, as an accessory building to a hotel, hospital or similar institution in the residential zone where it is deemed necessary for the public convenience or welfare and where this can be done without substantially derogating from the intent and purposes of this ordinance.

4.

To authorize upon appeal in specific cases variance from the terms of this ordinance as will not be contrary to the public interest where, owing to special conditions, a literal enforcement of the provisions of this ordinance will result in undue hardship, and so that the spirit of this ordinance shall be observed and substantial justice done.

In considering all proposed variations of this ordinance, the board shall before making any finding in a specified case, first determine that the proposed variation will not constitute any change in the zones shown on the zoning map and will not impair an adequate supply of light and air to adjacent property, or materially increase the public danger of fire, and safety, or materially diminish or impair established property values within the surrounding area, or in any other respect impair the public health, safety, morals, and general welfare.

In granting a variance the board may attach thereto such conditions regarding the location, character and other features of the proposed building, structure or use as it may deem advisable in furtherance of the purposes of this ordinance.

The Board shall not grant a variance to the use of property as outlined in this ordinance.

(Adopted, August 8, 2007)

Before a variance is granted, it shall be shown that special circumstances attach to the property that does not generally apply to other property in the neighborhood. A variance may be granted only when the practical difficulty of undue hardship complained of is due to the particular characteristics of the property and not to the general conditions of the neighborhood which may reflect an undue stringency of the ordinance itself. A hardship peculiar to the applicant, as distinguished from others affected by the general rule, must be shown. The fact that property may be utilized more profitably will not be considered adequate to justify the board in granting a variance.

Any person or persons, jointly or severally, aggrieved by any decisions of the board, or any taxpayer, or any officer, department, board or bureau of the town of Lake Waccamaw may within thirty (30) days after the filing of the decision in the office of the board, but not thereafter, present to a court of competent jurisdiction, a petition duly verified, setting forth that such decision is illegal, in whole or in part, specifying the grounds of illegality, whereupon such decision of said board shall be subject to review as provided by law.

G.

Appeals and applications.

1.

Types of appeals. The board shall hear and decide all appeals from and review any order, requirement, decision, or determination made by the building inspector or zoning administrator. It shall also hear and decide all matters referred to it or on which the zoning ordinance of the Town of Lake Waccamaw requires it to pass. In deciding appeals, the board may hear both those cases based upon an allegedly improper or erroneous interpretation of the ordinance and those based upon alleged hardship resulting from strict interpretation of the ordinance.

2.

Procedure for filing appeals. No appeal shall be heard by the board unless notice thereof is filed within thirty (30) days after the interested party or parties receive notice of the order, requirement, decision, or determination by the building inspector and/or zoning administrator. The applicant must file his application for a hearing with the zoning administrator, who shall act as clerk for the board in receiving this notice. All applications shall be made on the form furnished for that purpose, and all information required thereon shall be complete before an appeal may be considered as having been filed.

H.

Hearings.

1.

Time. After notice of appeal is received, the board chairman shall schedule a time for the hearing. The hearing shall be held as soon as possible after the notice of appeal is received.

2.

Notice. The board shall give notice of the hearing in a newspaper of general circulation by advertisement published in two (2) successive weeks before the date of the hearing. Notice of meetings will be sent to adjacent property owners.

3.

Conduct of the hearing. Any party may appear in person, by agent, or by attorney at the hearing. The order of business for each hearing shall be as follows:

(a)

The chairman, or such person as he shall direct, shall give a preliminary statement of the case;

(b)

The applicant shall present the evidence and arguments in support of his application;

(c)

Persons opposed to granting the application shall present evidence and arguments against the application;

(d)

Both sides shall be permitted to present rebuttals to opposing evidence and arguments;

(e)

The chairman shall summarize the evidence that has been presented, giving the parties opportunity to make objections or corrections.

Witnesses may be called and factual evidence may be submitted, but the board shall not be limited to consideration of such evidence as would be admissible in a court of law. The board may view the premises before the hearing, but the facts indicated by such inspection shall be disclosed at the public hearing and made a part of the record. All witnesses before the board shall be placed under oath, and the opposing party may cross-examine them.

4.

Rehearings. An application for a rehearing may be made in the same manner as an application for an original hearing. Evidence in support of the application shall initially be limited to what is necessary to enable the board to determine whether there has been a substantial change in the facts, evidence, or conditions in the case. The board shall deny the application for rehearing if, from the record, it finds that there has been no substantial change in facts, evidence, or conditions. If the board finds that a change has occurred, it shall thereupon treat the request in the same manner as any other application.

I.

Decisions. Decisions by the board shall be made within a reasonable time.

1.

Form. The board's final decision shall be shown in the record of the case as entered in the board's minutes and signed by the clerk to the Board and the chairman on approval of the minutes by the board. Such record shall show the reasons for the determinations, with a summary of the evidence introduced and the findings of fact made by the board. When a variance is granted, the record shall state in detail any exceptional difficulty or unnecessary hardship upon which the appeal was based and which the board finds to exist. The decision may reverse or affirm, wholly or partly, or modify the order, requirement, decision, or determination appealed from. The record shall state in detail what, if any, conditions and safeguards the board imposes in connection with granting of a variance. A separate record of the decision in each case shall be prepared, filed in the town clerk's office, and furnished to the parties as specified in subsection 4.

2.

Expiration of permits. Unless otherwise specified, any order or decision of the board granting a variance shall expire if the applicant does not obtain a building permit or certificate of occupancy for such use within six (6) months from the date of the decision.

3.

Voting at hearings. The concurring vote of four-fifths of the board members shall be necessary to reverse any order, requirement, decision, or determination of the building inspector and/or zoning administrator, to decide in favor of the applicant any matter on which the board is required by ordinance to pass, or to grant a variance from the ordinance provisions.

4.

Notice and public record of decisions. The clerk to the board shall give written notice of the decision in the case to the appellant and/or the applicant and to every aggrieved party who has filed a written request for such notice with the secretary/clerk or the chairman of the board when the hearing is held. A copy of the decision shall also be filed in the town clerk's office. The decision shall be a public record, available for inspection at all reasonable times.

A.

Authority. The Lake Waccamaw Planning Board created by a local ordinance dated April 2, 1968, shall be governed by that ordinance, Chapter 160A, Article 19 of the General Statutes of North Carolina and these bylaws.

B.

Members and terms of office. The Lake Waccamaw Board of Commissioners shall appoint six (6) residents of the town to serve for a period of three (3) years. The Columbus County Board of Commissioners shall appoint two (2) members to the planning board who reside within the approved extra-territorial limits of Lake Waccamaw for three (3) year terms. County appointments will be made at the request of the municipal government. Members may be reappointed to unlimited successive terms. Beginning on July 1, 1987, three municipal appointments will be made for a three-year term and three for a two year term. Thereafter, all appointments will be for a three-year period. On the same date, one county appointment will be made for three years and the other for two years. Thereafter, all appointments will be made for three years. Appointment to unfulfilled terms shall be for the length of the original appointment.

C.

Officers and duties.

1.

Election of officers. The planning board shall elect a chairman, vice-chairman, and secretary at the regular meeting each July. All officers may succeed themselves.

2.

The chairman. The chairman shall preside at all meetings and public hearings of the planning board; shall decide on all matters of order and shall develop a meeting agenda with the assistance of the zoning administrator/town manager; and shall provide the Lake Waccamaw Board of Commissioners with an annual report of planning board activities by June 30 of each year.

3.

The vice-chairman. In absence of the chairman, the vice-chairman shall perform all duties assigned to the chairman.

4.

The secretary. The secretary is charged with responsibility for the keeping of minutes of all regular meetings, special meetings, and public hearings called by the planning board. The secretary, after conferring with the chairman, shall have staff send notices of all regular meetings, special meetings, and public hearings at least four (4) days in advance of the meeting and shall notify members by phone at least twenty-four (24) hours in advance of special or emergency meetings. The secretary is also charged with the responsibility for all planning board related correspondence and for the maintenance of planning board records and files.

5.

The zoning administrator. As the zoning enforcement officer the zoning administrator shall serve as an ex officio, non-voting, member of the planning board, giving counsel and providing information when required or requested. The zoning administrator/town manager shall also serve as the assistant secretary and provide required assistance to the secretary and planning board.

D.

Meeting.

1.

Regular meetings. Regular meetings of the planning board shall be held on the first Monday of each month. Meeting times shall be established by a vote of the planning board. Special meetings may be called by the chairman. All meetings will be conducted at the Town Hall unless otherwise noted.

2.

Special meetings. Special meetings of the planning board may be called at any time by the chairman or the vice-chairman acting in the absence of the chairman, provided that a minimum of twenty-four (24) hours' notice is given to members.

3.

Quorum. A quorum shall consist of five (5) members. When there are unfilled planning board vacancies, a quorum shall consist of fifty percent (50%) of the planning board membership plus one additional member.

4.

Conduct of meetings. All meetings shall be open to the public and public input or comment shall be encouraged. The order of business at regular meetings shall be at the discretion of the chairman.

5.

Change of bylaws. No change shall be made to these bylaws without the affirmative vote of two-thirds ( 2/3 ) members of the planning board.

6.

Vote. Except as otherwise specified herein, the vote of a majority of those members present shall be sufficient to decide matters coming before the planning board, providing a quorum is present. Members shall be required to vote unless excused by the chairman for reasons of financial or personal interest on the subject. An abstention shall constitute an affirmative vote.

7.

Cancellation of meetings. Whenever there is no business for the planning board, the chairman may dispense with a regular meeting by giving notice to all members.

8.

Attendance. The planning board will request the town board to replace any member missing three (3) consecutive regular meetings or fifty percent (50%) or more of all meetings over a twelve (12) month period.

9.

Agenda preparation for regular meetings. The agenda for regular meetings shall be prepared by the chairman with the assistance of the zoning administrator/town manager.

10.

[Prohibited participation.] Participation on any zoning amendment recommendation by a member of the planning board or board of commissioners with a direct and substantial interest in the amendment is prohibited.

(Adopted, August 8, 2006)

Only those items requested by planning board members or those items properly filed with the zoning administrator/town manager according to town ordinances shall be placed on the agenda. The public and specific interests may appear for comment or input on any matter not on the agenda at any meeting, regular or special, but no formal action will be taken on non-agenda items. This rule does not preclude public comment and input on regular agenda items that will be acted upon. The agenda shall be circulated to all members of the planning board, town board, and the town clerk by the Thursday prior to the regular meeting date.

E.

Records.

1.

Public record. All records of the planning board shall be made available to the public in accordance with state statutes.

2.

Retention. The secretary shall be charged with the maintenance of planning board records, including studies, plans, reports, recommendations, minutes, and correspondence of the planning board. The file should be maintained at the town hall. Requests for copies shall be forwarded to or addressed to the zoning administrator/town manager.

No land shall be used or occupied, except for agricultural purposes, and no building hereafter structurally altered or erected shall be used or changed in use until a certificate of occupancy shall have been issued by the zoning administrator stating that the building and/or the proposed use therefor complies with the provisions of this ordinance. A like certificate shall be issued for the purpose of maintaining, renewing, changing, or extending a nonconforming use. A certificate of occupancy, either for the whole or a part of a building shall be applied for coincident with the application for a building permit and shall be issued within ten (10) days after the erection or structural alterations of such building, or part, shall have been completed in conformity with the provisions of this ordinance. A record of all certificates shall be kept on file in the office of the zoning administrator and copies shall be furnished on request to any person having a proprietary or tenancy interest in the building erected. No permit for excavation for, or erection of, any building or part of a building, or for repairs to, or alteration of, a building shall be issued until after the applicant has filed a statement of its intended use.

(a)

[Permit required.] No person shall commence or proceed with:

[(1)]

The construction, reconstruction, alteration, repair, movement to an- other site, removal, or demolition of any building or structure;

(2)

The installation, extension, or general repair of any plumbing system;

(3)

The installation, extension, alteration, or general repair of any heating or cooling equipment system; or

(4)

The installation, extension, alteration, or general repair of any electrical wiring, devices, appliances, or equipment;

without first securing from the inspection department of the Town of Lake Waccamaw all permits required by the state building code and any other state or local laws applicable to the work. A permit shall be in writing and shall contain a provision that the work done shall comply with the state building code and all other applicable state and local laws. The town may review and approve such residential building plans as it deems necessary. No permits shall be issued unless the plans and specifications are identified by the name and address of the author thereof, and if the General Statutes of North Carolina require that plans for certain types of work be prepared only by a registered architect or registered engineer, no permit shall be issued unless the plans and specifications bear the North Carolina seal of a registered architect or of a registered engineer. When any provision of the General Statutes of North Carolina or of any ordinance requires that work be done by a licensed specialty contractor of any kind, no permit for the work shall be issued unless the work is to be performed by such a duly licensed contractor. No permit issued under Articles 9 or 9C of Chapter 143 shall be required for any construction, installation, repair, replacement, or alteration costing five thousand dollars ($5,000) or less in any single-family residence or farm building unless the work involves the addition, repair or replacement of load bearing structures; the addition (excluding replacement of same size and capacity) or change in the design of plumbing; the addition, replacement or change in the design of heating, air conditioning, or electrical wiring, devices, appliances, or equipment; the use of materials not permitted by the North Carolina Uniform Residential Building Code; or the addition (excluding replacement of like grade of fire resistance) of roofing. Violation of this section shall constitute a Class I misdemeanor.

(b)

[Erosion control plan.] No permit shall be issued pursuant to subsection (a) for any land-disturbing activity, as defined in G.S. 113A-52(6), for any activity covered by G.S. 113A-57, unless an erosion control plan has been approved by the Sedimentation Pollution Control Commission pursuant to G.S. 113A-54(d)(4) or by a local government pursuant to G.S. 113A-61 for the site of the activity or a tract of land including the site of the activity.

[(c)]

Time limitations on validity of permits. A permit issued pursuant to G.S. 160A-417 shall expire by limitation six (6) months, or any lesser time fixed by ordinance of the [board of commissioners], after the date of issuance if the work authorized by the permit has not been commenced. If after commencement the work is discontinued for a period of twelve (12) months, the permit therefor shall immediately expire. No work authorized by any permit that has expired shall thereafter be performed until a new permit has been secured.

[(d)]

Changes in work. After a permit has been issued, no changes or deviations from the terms of the application, plans and specifications, or the permit, except where changes or deviations are clearly permissible under the state building code, shall be made until specific written approval of proposed changes or deviations has been obtained from the inspection department.

[(e)]

Inspections of work in progress. As the work pursuant to a permit progresses, local inspectors shall make as many inspections thereof as may be necessary to satisfy them that the work is being done according to the provisions of any applicable state and local laws and of the terms of the permit. In exercising this power, members of the inspection department shall have a right to enter on any premises within the jurisdiction of the department at all reasonable hours for the purposes of inspection or other enforcement action, upon presentation of proper credentials.

[(f)]

Stop orders.

(a)

Whenever any building or structure or part thereof is being demolished, constructed, reconstructed, altered, or repaired in a hazardous manner, or in substantial violation of any state or local building law, or in a manner that endangers life or property, the appropriate inspector may order the specific part of the work that is in violation or presents such a hazard to be immediately stopped. The stop order shall be in writing, directed to the person doing the work, and shall state the specific work to be stopped, the specific reasons therefor, and the conditions under which the work may be resumed.

(b)

The owner or builder may appeal from a stop order involving alleged violation of the state building code or any approved local modification thereof to the North Carolina Commissioner of Insurance or his designee within a period of five of five days after the order is issued. Notice of appeal shall be given in writing to the Commissioner of Insurance or his designee, with a copy to the local inspector. The Commissioner of Insurance or his designee shall promptly conduct an investigation and the appellant and the inspector shall be permitted to submit relevant evidence. The Commissioner of Insurance or his designee shall as expeditiously as possible provide a written statement of the decision setting forth the facts found, the decision reached, and the reasons for the decision. Pending the ruling by the Commissioner of Insurance or his designee on an appeal, no further work shall take place in violation of a stop order. In the event of dissatisfaction with the decision, the person affected shall have the options of:

(1)

Appealing to the Building Code Council; or

(2)

Appealing to the Superior Court as provided in G.S. 143-141.

(c)

The owner or builder may appeal from a stop order involving alleged violation of a local zoning ordinance by giving notice of appeal in writing to the board of adjustment. The appeal shall be heard and decided within the period established by the ordinance, or if none is specified, within a reasonable time. No further work shall take place in violation of a stop order pending a ruling.

(d)

Violation of a stop order shall constitute a Class I misdemeanor.

[(g)]

Revocation of permits. The appropriate inspector may revoke and require the return of any permit by notifying the permit holder in writing stating the reason for the revocation. Permits shall be revoked for any substantial departure from the approved application, plans, or specifications; for refusal or failure to comply with the requirements of any applicable state or local laws; or for false statements or misrepresentations made in securing the permit. Any permit mistakenly issued in violation of an applicable state or local law may also be revoked.

In interpreting and applying the provisions of this ordinance they shall be held to be the minimum requirements for the promotion of the public safety, health, convenience, prosperity and general welfare. It is not intended by this ordinance to interfere with or abrogate or annul any easements, covenants or other agreements between parties; provided, however, that where this ordinance imposes a greater restriction upon the use of buildings or premises or upon the height of buildings, or requires larger open spaces than are imposed or required by other ordinances, rules, regulations, or by easements, covenants or agreements, the provisions of this ordinance shall govern, provided nothing in the ordinance shall be construed to amend or repeal any ordinance of the Town of Lake Waccamaw relating to the maintenance or keeping of horses or livestock or other animals within the corporate limits.

The board of commissioners may amend, supplement or change the text regulations and zoning map according to the following procedures:

A.

Action by the applicant. The following action shall be taken by the applicant:

1.

Initiation of amendments. Proposed changes of amendments may be initiated by the board of commissioners, planning board, board of adjustment, or by one (1) or more interested parties.

Each proposed map or text amendment shall be referred to the planning board first for their consideration and recommendation to the town board of commissioners.

(Adopted, August 8, 2006)

2.

Application. An applicant for any change or amendment shall contain a description and/or statement of the present and proposed zoning regulation or district boundary to be applied, and the names and addresses of the property owners. Such application shall be filed with the zoning administrator not later than ten (10) days prior to the planning board meeting at which the application is to be considered.

3.

Fee. All fees for permits or applications in this article are set by the town board of commissioners and are available upon request at the town hall.

(Ord. of 8-12-2014)

B.

Action by the planning board. The following action shall be taken by the planning board:

1.

Planning board consideration. The planning board shall consider and make recommendations to the board of commissioners concerning each proposed zoning amendment. The planning board may hold separate hearings or may sit concurrently with the public hearing held by the board of commissioners.

The planning board shall provide the town board of commissioners with a written recommendation on their action(s) an also address the amendment's consistency with the Town's land use plan.

(Adopted, August 8, 2007)

2.

Small-scale rezoning. In the case of small-scale rezonings, the planning board shall submit to the board of commissioners a statement of reasonableness for such a small scale rezoning.

(Adopted, August 8, 2007)

C.

Action by the board of commissioners.

1.

Notice and public hearings. No amendment shall be considered by the board of commissioners until after public notice and hearing. Notice of such a public hearing shall be published at least ten (10) days prior to the hearing in a local newspaper of general circulation in the municipality. Notice shall also be mailed by first class mail to those listed by the county tax records as owners of property adjacent to the property in question.

Notice shall also be made by posting the property concerned with a sign indicating the proposed change and hearing.

(Adopted, August 8, 2007)

If the zoning map amendment directly affects more than fifty (50) properties, owned by a total of at least fifty (50) different property owners, the Town shall have published notice of the hearings required by G.S. 160A-384(b), but provided that each of the advertisements shall not be less than one-half of a newspaper page in size. Said notice shall be published twice with the first publication not more than twenty five (25) days prior to the date of the public hearing. 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 first class mail.

(Adopted, August 8, 2006)

2.

Board of commissioners. Before taking such lawful action as it may deem advisable, the board of commissioners shall consider the planning board's recommendation on each proposed zoning amendment. If no recommendation is received from the planning board within thirty (30) days from the date when submitted to the planning board, the petitioner may take the proposal to the board of commissioners without a recommendation from the board. The board of commissioners, at the close of public hearing, may defer taking lawful action on the proposed amendment until it has sufficient time to consider any new evidence or suggestions presented at the public hearing.

In making a decision on a zoning amendment decision, the board of commissioners shall issue a written statement addressing their decision's consistency with the town's comprehensive plan, reasonableness and how the public interests are furthered.

(Adopted, August 8, 2006)

3.

Protests. In case of protest against any such change signed by the owners of twenty percent (20%) or more either of the area of lots included in such proposed change, or five percent (5%) of a one hundred (100)-foot perimeter of land immediately adjacent thereto, in the rear thereof or on either side thereof extending one hundred (100) feet therefrom, or of those directly opposite thereto extending one hundred (100) feet from the street frontage of such opposite lots, such amendment shall not become effective except by favorable vote of four-fifths ( 4/5 ) of all the members of the board of commissioners. However, vacant seats or members rescued from voting shall not be included in calculating the three-fourths (¾) majority. No protest petition shall be valid unless it is:

(a)

Written;

(b)

Bears the actual signature of the requisite number of property owners and states that they protest the proposed amendment; and

(c)

Is received by the municipal clerk in time to allow at least two (2) normal working days (excluding weekends and legal holidays) prior to the public hearing on the amendment, so as to allow time for municipal personnel to check the accuracy and sufficiency of the petition.

Such protests shall apply to map amendments only. Petitioners may withdraw the protest any time up to the vote on the rezoning.

(Portions amended, August 8, 2006)

Alternate members may serve on individual matters based on a member's temporary disqualification. However, vacant seats and disqualified members are not considered in calculating the four-fifths ( 4/5 ) vote if there are no qualified alternatives.

(Adopted, August 8, 2006)

D.

Repeal of amendment. In any case where a change of boundary lines of the zoning district map has been granted, and where no development has taken place within one and one-half (1½) years, the planning board may recommend and the board of commissioners, after notice and public hearing thereon, may affirm, or repeal such ordinance, and rezone the property to the most appropriate district classification.

If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance. The board of commissioners hereby declares that it would have passed this ordinance and each section, subsection, clause and phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid.

The zoning administrator is hereby authorized, and it shall be his duty, to enforce the provisions of this ordinance. Appeal from the decision of the zoning administrator may be made to the board of adjustment.

No section of this ordinance shall in any way prohibit, restrict or affect in any manner or form any person, firm or corporation who has secured a building permit prior to the effective date of this ordinance.

Any person, firm or corporation who violates the provisions of this ordinance shall, upon conviction, be guilty of a misdemeanor and shall be fined not exceeding fifty dollars ($50.00) or imprisoned not exceeding thirty (30) days. Each day that violation continues to exist shall be considered a separate offense.