Newport City Zoning Code

   The following elected and appointed bodies, as well as town staff members, shall have powers and responsibilities in administering this ordinance and for reviewing and making decisions on applications for development approval, appeals, and amendments to the ordinance:

   a.   Town Council;

   b.   Planning Board;

   c.   Board of Adjustment; and

   d.   Ordinance Administrator.

(Ord. 2021-02, passed 6-14-2021)

   With the exception of the Town Council, each of the boards provided for by this ordinance must adopt rules and maintain records in conformance with the following:

   a.   Oaths. All members appointed to boards shall, before entering their duties, qualify by taking an oath of office as required by G.S. § 160A-61.

   b.   Rules of conduct. A board must adopt rules necessary to conduct its affairs and to establish board organization, procedures and the conduct of its meetings and post those rules to the town's website (G.S. § 160D-308).

   c.   Conformance of rules. The rules adopted by a board must be in accordance with state law and the provisions of this ordinance.

   d.   Election and terms of officers. Each board shall elect a Chairperson and Vice Chairperson from its membership. These officers shall serve for a term of one year, or until the expiration of the term of their appointment to the board on which they serve.

   e.   Record of meetings. Each board must keep accurate minutes of its proceedings and the actions taken in its meetings. When holding quasi-judicial hearings, the Board of Adjustment shall keep a full transcript of the meeting and maintain a record of all evidence presented in the course of the hearing.

   f.   Temporary disqualification (G.S. § 160D-109).

      (1)   A Town Council member shall not vote on any legislative decision regarding a development regulation adopted pursuant to this UDO, including but not limited to, a Zoning Map or Unified Development Ordinance amendment 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)   A Town Council member shall not vote on any Zoning Map or Unified Development Ordinance 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)   Members of appointed boards shall not vote on any advisory or legislative decision regarding a development regulation where the outcome of the matter being considered is reasonably likely to have a direct, substantial, and readily identifiable financial impact on the member.

      (4)   An appointed board member shall not vote on any zoning amendment if the landowner of the property subject to a rezoning petition or the applicant for a text amendment is a person with whom the member has a close familial, business, or other associational relationship.

      (5)   The Ordinance 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 financial impact on the Ordinance Administrator or if the applicant or other person subject to that decision is a person with whom the Ordinance Administrator has a close familial, business, or other associational relationship. If the Ordinance Administrator has a conflict of interest, the decision shall be assigned to the Town Manager.

      (6)   No staff member shall be financially interested or employed by a business that is financially interested in a development subject to regulation under this ordinance unless the staff member is the owner of the land or building involved. No staff member or other individual or an employee of a company contracting with the Town of Newport to provide staff support shall engage in any work that is inconsistent with his or her duties or with the interest of the town, as determined by the town.

(Ord. 2021-02, passed 6-14-2021)

   Unless specifically modified in this ordinance, the Town Council must conform to the rules and procedures that it utilizes during the conduct of its regular business.

(Ord. 2021-02, passed 6-14-2021)

   In the application and enforcement of this ordinance, the Town Council has the following duties:

   a.   Final approval authority. The Town Council is the approving authority for the following:

      (1)   Zoning map amendments (§ 3-4.1);

      (2)   Unified Development Ordinance text amendments (§ 3-4.3);

      (3)   Conditional zoning district classifications (§ 3-4.2);

      (4)   Preliminary plat - major subdivision (§ 3-4.12(f));

      (5)   Final plat - major subdivision (§ 3-4.12(g)); and

      (6)   Site-specific vesting plans (§ 3-4.7)

(Ord. 2021-02, passed 6-14-2021)

   The Town of Newport's Planning Board is hereby established pursuant to the authority of G.S. § 160D-301.

(Ord. 2021-02, passed 6-14-2021)

   The Planning Board shall consist of eight members. The Newport Town Council shall appoint four members from within the town limits, and the Carteret County Board of Commissioners shall appoint four members from the extraterritorial jurisdiction. The population estimates for this calculation shall be updated no less frequently than after each decennial census (G.S. § 160D-307).

(Ord. 2021-02, passed 6-14-2021)

   Four or more members of the Planning Board shall constitute a quorum.

(Ord. 2021-02, passed 6-14-2021)

   All members shall serve three-year terms. Membership terms shall continue to be staggered.

(Ord. 2021-02, passed 6-14-2021)

   In the application and enforcement of this ordinance, the Planning Board has the following powers and duties:

   a.   Review and recommendation. The Planning Board has review and recommendation responsibility for the following:

      (1)   Zoning map amendments (§ 3-4.1);

      (2)   Unified Development Ordinance text amendments (§ 3-4.3);

      (3)   Conditional zoning district classifications (§ 3-4.2);

      (4)   Preliminary plat - major subdivision (§ 3-4.12(f)); and

      (5)   Site-specific vesting plans (§ 3-4.7).

(Ord. 2021-02, passed 6-14-2021)

   The concurring affirmative vote of a majority of the members present and qualified to vote is required to make a recommendation or any other decision in favor of an applicant. Tie votes must be considered recommendations for disapproval. All members have equal rights, privileges, and duties in all matters whether such matters are within the corporate limits of the town or in the extraterritorial jurisdiction.

(Ord. 2021-02, passed 6-14-2021)

   The Town of Newport's Board of Adjustment is hereby established pursuant to the authority of G.S. § 160D-302.

(Ord. 2021-02, passed 6-14-2021)

   The Board of Adjustment shall consist of eight members. The Newport Town Council shall appoint four members from within the town limits, and the Carteret County Board of Commissioners shall appoint four members from the extraterritorial jurisdiction. The population estimates for this calculation shall be updated no less frequently than after each decennial census (§ G.S. 160D-307).

(Ord. 2021-02, passed 6-14-2021)

   Four or more members of the Board of Adjustment shall constitute a quorum.

(Ord. 2021-02, passed 6-14-2021)

   In the application and enforcement of this ordinance, the Board of Adjustment has the following powers and duties:

   a.   Final approving authority. The Board of Adjustment is the final approving authority for the following:

      (1)   Variances (§ 3-4.5); and

      (2)   Special use permits (§ 3-4.4).

   b.   Appeals. The Board of Adjustment shall hear and decide on the following appeals:

      (1)   Appeals of denials of site plan (§ 3-4.9);

      (2)   Appeals of denials of minor subdivision approval (§ 3-4.12(e));

      (3)   Appeals of denials of land development permit approval (§ 3-4.10); and

      (4)   Appeals of administrative decisions (§ 3-4.6).

(Ord. 2021-02, passed 6-14-2021)

   The concurring vote of four-fifths of the voting members of the Board of Adjustment shall be necessary to grant a variance from the provisions of this ordinance. A simple majority vote of the voting members of the Board of Adjustment is required to reverse any order, requirement, decision, or determination of any administrative official charged with the enforcement of this ordinance, or to decide in favor of the applicant any matter upon which it is required to pass under this ordinance.

(Ord. 2021-02, passed 6-14-2021)

   The Planning & Inspections Director shall be the Ordinance Administrator. The Town Council shall appoint an Ordinance Administrator who shall be charged with the administering and enforcing of the provisions of this ordinance. The Ordinance Administrator may delegate any authority or duties as prescribed in order to ensure the efficient administration of the ordinance.

(Ord. 2021-02, passed 6-14-2021)

   In the application and enforcement of this ordinance, the Ordinance Administrator has the following powers and duties:

   a.   Reviews and recommendation. The Ordinance Administrator has review and recommendation responsibility for the following:

      (1)   Zoning map amendments (§ 3-4.1);

      (2)   Unified Development Ordinance text amendments (§ 3-4.3);

      (3)   Conditional zoning district classifications (§ 3-4.2);

      (4)   Conceptual site plan - conditional zoning district classification (§ 3-4.8);

      (5)   Conceptual site plan - special use permit (§ 3-4.8);

      (6)   Subdivision sketch plats (§ 3-4.12(d));

      (7)   Major subdivision preliminary plats (§ 3-4.12(f));

      (8)   Major subdivision final plats (§ 3-4.12(g)); and

      (9)   Site-specific vesting plan (§ 3-4).

   b.   Final approval. The Ordinance Administrator has final approval for the following:

      (1)   Site plan (§ 3-4.9);

      (2)   Minor subdivision plats (§ 3-4.12(e));

      (3)   Land development permits (§ 3-4.10); and

      (4)   Certificates of compliance (§ 3-4.11).

   c.   Additional duties.

      (1)   Establish application content requirements and a submission schedule for review of applications and appeals.

      (2)   Maintain the Official Zoning Map and related materials.

      (3)   Enforce the regulations contained within this ordinance.

      (4)   Maintain the official copy of the Unified Development Ordinance and ensure that it is updated upon the approval of a text amendment.

      (5)   Maintain a record of all permits and approvals.

(Ord. 2021-02, passed 6-14-2021)

   In carrying out any of the duties specified by subsections (A) and (B) above, the Ordinance Administrator may convene a Technical Review Committee (TRC) composed of representatives of agencies with expertise on, or regulatory authority over, an aspect of the development proposal. The composition of the TRC shall be at the discretion of the Ordinance Administrator, and may either be a standing or ad hoc committee based upon the scope or type of review. The TRC shall provide advice and technical information to the Ordinance Administrator regarding the development proposals in order to ensure a full and coordinated review of development proposals.

(Ord. 2021-02, passed 6-14-2021)

   Table 2-1 below summarizes review and approval authority under this ordinance.

 

 

(Ord. 2021-02, passed 6-14-2021)