The provisions of this chapter shall be administered by the planning director, who shall be designated by the city manager.

(Code 1972, § 26-15.1; Ord. No. 91.53, 10-16-1991)

(a)

The planning director or his designee shall have the power to grant zoning clearance permits and certificates of occupancy and to make or cause to be made inspections of buildings or premises necessary to carry out the enforcement of this chapter. In connection with the enforcement of this chapter, the planning director shall make all necessary determinations and interpretations as required by this chapter.

(b)

The planning director or his designee may inspect work undertaken pursuant to a development approval to assure that the work is being done in accordance with applicable state and local laws and the terms of the permit. In exercising this power, staff are authorized to enter any premises within the jurisdiction of the local government at all reasonable hours for the purpose of inspection or other enforcement action, upon presentation of proper credentials provided, however, that the appropriate consent has been given for inspection of areas not open to the public or that an appropriate inspection warrant has been secured.

(c)

The planning director or his designee is further authorized to perform inspections for other development approvals to ensure compliance with state law, local law, and the terms of approval pursuant to G.S. 160D-1113 and may perform inspections for general code compliance and enforcement pursuant to G.S. 160D-402(b).

(Code 1972, § 26-15.2; Ord. No. 91.53, 10-16-1991; Ord. No. 2021-58, 6-15-2021)

If any proposed excavation, construction, moving, alteration, or use of land as set forth in an application for a zoning clearance permit is in conformity with the provisions of this chapter, the planning director or his designee shall issue a zoning clearance permit; however:

(1)

Issuance of a zoning clearance permit shall in no case be construed as waiving any provisions of this chapter or of the state building code.

(2)

Under no circumstances is the planning director or his designee permitted to grant exceptions to the actual meaning of any clause, standards, or regulation contained in this chapter to any person making application to excavate, construct, move, alter, or use building, structures or land.

(3)

Under no circumstances is the planning director or his designee permitted to make changes to this chapter or to vary the terms of this chapter in carrying out his duties.

(4)

The planning director or his designee shall issue a permit when the imposed conditions of this chapter are complied with by the applicant regardless of whether the use of the permit would violate contractual or other arrangements (including, but not by way of limitation, restrictive covenants) among private parties.

(5)

If an application for such permit is disapproved, the planning director or his designee shall state in writing the cause of such disapproval.

(Code 1972, § 26-15.3; Ord. No. 91.53, 10-16-1991)

(a)

It shall be unlawful to begin the excavation or filling for the construction, moving, alteration, or repair, of any building or other structure, including an accessory structure, until the planning director or his designee has issued for such work a zoning clearance permit. The zoning clearance permit shall include a determination that plans, specifications and the intended use of such structure and land do, in all respects, conform to the provisions of this chapter. Prior to the issuance of a zoning clearance permit, the planning director or his designee shall consult with all applicable departments including, but not limited to, the department of public works. Also, it shall be unlawful to change the type of use of land, or to change the type of occupancy of any building, or to extend any use or any lot on which there is a nonconforming use, until the planning director or his designee has issued for such intended use a certificate of occupancy, including a determination that the proposed use does, in all respects, conform to the provisions of this chapter.

(b)

In all cases where a building permit is required, application for a zoning clearance permit shall be made coincidentally with the application for a building permit; in all other cases, it shall be made prior to that date when a new or enlarged use of a building or lot or part thereof is intended to begin.

(c)

All zoning clearance permits shall be issued in writing by the planning director or his designee on forms provided for that purpose. A record of all such permits shall be kept on file by the planning director or his designee.

(d)

The planning director shall review and approve zoning permit applications, minor site plans, minor subdivisions, engineering drawings, final plats, minor modifications of development approvals and conditional zoning approvals.

(e)

The planning director or his/her designee making the determination under this chapter shall give written notice to the owner of the property that is the subject of the determination and to the party who sought the determination, if different from the owner. The written notice shall be delivered by personal delivery, electronic mail, or by first-class mail. The notice shall be delivered to the last address listed for the owner of the affected property on the county tax abstract and to the address provided in the application or request for a determination if the party seeking the determination is different from the owner in accordance with G.S. 160D-403(b).

(f)

The planning director and his/her designee, shall issue development approvals in accordance with G.S. 160D-403(a). A development approval shall be in writing and may contain a provision that the development shall comply with all applicable state and local laws. A local government may issue development approvals in print or electronic form. Any development approval issued exclusively in electronic form shall be protected from further editing once issued. Applications for development approvals may be made by the landowner, a lessee or person holding an option or contract to purchase or lease land, or an authorized agent of the landowner. An easement holder may also apply for development approval for such development as is authorized by the easement.

(Code 1972, § 26-15.4; Ord. No. 91.53, 10-16-1991; Ord. No. 92.45, § 1, 8-4-1992; Ord. No. 2021-58, 6-15-2021)

Every application for a zoning clearance permit for demolition, excavation, grading, filling, construction, moving or alteration shall be accompanied by a written statement and plans or plats, drawn to scale, showing the following in sufficient detail to enable the planning director or his designee to ascertain whether the proposed work or use is in conformance with the provisions of this chapter:

(1)

The actual shape, location, and dimensions of the lot with sufficient data to locate the lot on the ground.

(2)

The shape, size, and location of all buildings, or other structures, to be erected, altered, or moved, and of any other buildings, or other structures already on the lot.

(3)

The existing and intended use of the lot and of all structures upon it.

(4)

Such other information concerning the lot, adjoining lots, or other matters as may be essential for determining whether the provisions of this chapter are being observed.

(Code 1972, § 26-15.5; Ord. No. 91.53, 10-16-1991; Ord. No. 92.46, § 1, 8-4-1992)

No building, structure, or zoning lot for which a zoning clearance permit has been issued shall be used or occupied until the planning director or his designee has, after final inspection, issued a certificate of occupancy indicating compliance has been made with all the provisions of this chapter and terms of the permit. However, the issuance of a certificate of occupancy shall in no case be construed as waiving the provisions of this chapter.

(Code 1972, § 26-15.6; Ord. No. 91.53, 10-16-1991; Ord. No. 2021-58, 6-15-2021)

Determinations necessary for administration and enforcement of performance standards set forth herein range from those which can be made with satisfactory accuracy by a reasonable person using normal senses and no sophisticated equipment to those requiring great technical competence and complex equipment for precise measurement. It is the intent of this chapter that:

(1)

Where determinations can be made by the planning director or his designee, using equipment normally available or attainable without extraordinary expense, such determinations shall be so made before notice of violation is issued.

(2)

Where technical complexity or extraordinary expense makes it unreasonable for the city to maintain the personnel or equipment necessary for making difficult or unusual determinations, procedures shall be available for causing corrections of apparent violations of performance standards, for protecting individuals from arbitrary, capricious, and unreasonable administration and enforcement of performance standard regulations, and for protecting the general public from unnecessary costs for administration and enforcement.

(Code 1972, § 26-15.7.1; Ord. No. 91.53, 10-16-1991)

Where the planning director or his designee determines that there is a violation of performance standards relating to emission of smoke, fire, and explosive hazards influence, he shall take or cause to be taken lawful action to cause correction to within the limits set by such performance standards. Failure to obey lawful orders concerning such correction shall be punishable as provided in article I of this chapter.

(Code 1972, § 26-15.7.2; Ord. No. 91.53, 10-16-1991)

(a)

If, in the considered judgment of the planning director or his designee, there is a probable violation of the performance standards as set forth in this chapter, the following procedures shall be followed:

(1)

The planning director or his designee shall give written notice, by registered mail, to the person or persons responsible for the alleged violation. The notice shall describe the particulars of the alleged violation and the reasons why the planning director or his designee believes there is a violation in fact, and shall require an answer or correction of the alleged violation to the satisfaction of the planning director or his designee within a reasonable time limit as set by the planning director or his designee. Such reasonable time limit shall not exceed 30 days. The notice shall further state that, upon request of those to whom it is directed, technical determinations as described in this chapter will be made, and that if violations as alleged are found, costs of such determinations shall be charged against those responsible for the violation, in addition to such other penalties as may be appropriate; but that if it is determined that no violation exists, the cost of the determination will be paid by the city.

(2)

If there is no reply within the time limit set, but the alleged violation is corrected to the satisfaction of the planning director or his designee, he shall note "violation corrected" on his copy of the notice, and shall retain it among his official records, taking such other action as may be warranted.

(3)

If there is no reply within the time limit set and the alleged violation is not corrected to the satisfaction of the planning director or his designee within the time limit set, he shall proceed to take or cause to be taken such action as is warranted by continuation of a violation after notice to cease.

(4)

If a reply is received within the time limit set indicating that the alleged violation will be corrected to the satisfaction of the planning director or his designee, but requesting additional time, the planning director or his designee may grant an extension, if he deems it warranted in the circumstances of the case and if the extension will not, in his opinion, cause imminent peril of life, health, or property.

(b)

If reply is received within the time limit set requesting technical determination as provided in this chapter, and if the alleged violations continue, the planning director or his designee shall call in properly qualified experts to make the determinations. If expert findings indicate violation of the performance standards, the cost of the determinations shall be assessed against the properties or persons responsible for the violation, in addition to such other penalties as may be appropriate.

(c)

If no violation is found, the costs of the determinations shall be paid by the city without assessment against the properties or persons involved.

(Code 1972, § 26-15.7.3; Ord. No. 91.53, 10-16-1991)

Before any zoning clearing permit or certificate of occupancy shall be issued covering building or other operations regulated by this chapter, a fee in an amount fixed by the council shall be paid.

(Code 1972, § 26-15.8; Ord. No. 91.53, 10-16-1991; Ord. No. 2002.31, 8-21-2002)

Unless provided otherwise by law, all rights, privileges, benefits, burdens and obligations created by development approvals made pursuant to G.S. 160D-104 attach to and run with the land.

(Ord. No. 2021-58, 6-15-2021)

(a)

Any permit issued under this chapter may be revoked by the permit-issuing authority (in accordance with the provisions of this section) if the permit recipient fails to (1) develop or maintain the property in accordance with the plans submitted, the requirements of this chapter, or any additional requirements lawfully imposed by the permit-issuing board, or (2) the permit was issued based on erroneous information.

(b)

Before permits other than special use may be revoked, the planning director shall give the permit recipient ten days' notice of intent to revoke the permit, shall inform the recipient of the alleged reasons for the revocation and of his right to obtain an informal hearing on the allegations, and shall comply with the notice and hearing requirements set forth herein. If the permit is revoked, the planning director shall provide to the permittee a written statement of the decision and the reasons therefor. Appeals may be made to the board of adjustment as provided herein.

No person may continue to make use of land or building in the manner authorized by any permit issued under this chapter after such permit has been revoked in accordance with this chapter.

(c)

In addition to initiation of enforcement actions under G.S. 160D-404, development approvals may be revoked by the planning director or his/her designee issuing the development approval by notifying the holder in writing stating the reason for the revocation. The city shall follow the same development review and approval process required for issuance of the development approval, including any required notice or hearing, in the review and approval of any revocation of that approval. Development approvals 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 local development regulation or any state law delegated to the city for enforcement purposes in lieu of the state; or for false statements or misrepresentations made in securing the approval. Any development approval mistakenly issued in violation of an applicable state or local law may also be revoked. The revocation of a development approval by a staff member may be appealed pursuant to G.S. 160D-405. If an appeal is filed regarding a development regulation adopted by the city, the provisions of G.S. 160D-405(e) regarding stays shall be applicable.

(Ord. No. 2021-58, 6-15-2021)

(a)

Except as provided by G.S. 160D-1403.1, appeals of administrative decisions made by staff under this chapter shall be made to the board of adjustment.

(b)

The owner or other party shall have 30 days from receipt of the written notice of the determination within which to file an appeal. Any other person with standing to appeal shall have 30 days from receipt from any source of actual or constructive notice of the determination within which to file an appeal. In the absence of evidence to the contrary, notice given pursuant to G.S. 160D-403(b) by first-class mail shall be deemed received on the third business day following deposit of the notice for mailing with the United States Postal Service.

(c)

The official who made the decision or the person currently occupying that position, if the decision maker is no longer employed by the local government, shall be present at the evidentiary hearing as a witness.

(d)

An appeal of a notice of violation or other enforcement order stays enforcement of the action appealed from and accrual of any fines assessed during the pendency of the appeal to the board of adjustment and any subsequent appeal in accordance with G.S. 160D-1402 or during the pendency of any civil proceeding authorized by law or appeals therefrom, unless the official who made the decision certifies to the board after notice of appeal has been filed that, because of the facts stated in an affidavit, a stay would cause imminent peril to life or property or, because the violation is transitory in nature, a stay would seriously interfere with enforcement of the development regulation. In that case, enforcement proceedings are not stayed except by a restraining order, which may be granted by a court. If enforcement proceedings are not stayed, the appellant may file with the official a request for an expedited hearing of the appeal, and the board shall meet to hear the appeal within 15 days after the request is filed.

(Ord. No. 2021-58, 6-15-2021)

The planning director nor any other staff member shall make an administrative decision if the outcome of that decision would have a direct, substantial, and readily identifiable financial impact on the staff member or if the applicant or other person subject to that decision is a person with whom the staff member has a close familial business or other associated relationship pursuant to G.S. 160D-109.

(Ord. No. 2021-58, 6-15-2021)

There is hereby established the city board of adjustment as provided in G.S. 160D-302, hereafter the board.

(Code 1972, § 26-12.1; Ord. No. 91.53, 10-16-1991; Ord. No. 91.56, § 1, 12-10-1991)

(a)

Effective October 1, 2019, the sitting memberships of the board of adjustment are hereby abolished. Effective October 1, 2019, the board of adjustment shall consist of five members and two alternates, all of whom shall also be members of the Newton Planning Commission and shall be persons of recognized experience and qualifications.

(b)

Members shall be residents of the city or the extraterritorial planning area and shall be appointed by council from the then existing membership of the Newton Planning Commission. The city shall provide a means of proportional representation based on population for residents of the extraterritorial area. The population estimates for this calculation shall be updated no less frequently than after each decennial census. Representation shall be provided by appointing at least one resident of the extraterritorial planning area to the board of adjustment from the then existing membership of the Newton Planning Commission pursuant to G.S. 160D-307.

(Code 1972, § 26-12.1.1; Ord. No. 91.53, 10-16-1991; Ord. No. 91.56, § 1, 12-10-1991; Ord. No. 2002.31, 8-21-2002; Ord. No. 2019-31, § 1, 8-6-2019; Ord. No. 2021-58, 6-15-2021)

(a)

The terms of office of the members and alternates shall be for three years and shall coincide with their appointed planning commission terms, except that no member or alternate may serve more than four consecutive three-year terms. The terms of office shall be staggered so as to ensure continuity of experience on the board.

(b)

All members appointed to the board of adjustment shall, before entering their duties, qualify by taking an oath of office as required by G.S. 160D-309.

(c)

Vacancies shall be filled for the unexpired terms only. Members may be removed for cause by the council, upon written charges after a public hearing.

(Code 1972, § 26-12.1.2; Ord. No. 91.53, 10-16-1991; Ord. No. 91.56, § 1, 12-10-1991; Ord. No. 2002.31, 8-21-2002; Ord. No. 2019-31, § 2, 8-6-2019; Ord. No. 2021-58, 6-15-2021)

Members of the board shall serve with compensation as determined by the council.

(Code 1972, § 26-12.1.3; Ord. No. 91.53, 10-16-1991; Ord. No. 91.56, § 1, 12-10-1991; Ord. No. 2002.31, 8-21-2002)

The board shall have the following powers:

(1)

Hear and decide appeals from, and review any order, requirement, decision or determination made by, the planning director in the performance of his duties.

(2)

Hear and decide applications for the approval of those special uses requiring board of adjustment approval, in accordance with the rules and conditions laid down in this chapter.

(3)

Hear and decide appeals for variances from the dimensional regulations of this chapter in accordance with section 102-98. Nothing in this section shall be construed to authorize the board to permit a use in a district where that use is neither a permitted use nor a permissible special use.

(4)

Pass upon, decide or determine such other matters as may be required by this chapter.

(5)

Make interpretations of the meaning and intent of this chapter in accord with section 102-100.

(6)

A governing board or appointed board member cannot vote on any decision regarding a development regulation considered under G.S. 160D if the board member has a direct, substantial, and readily identifiable financial impact on the outcome, or if there is a close familial, business or other associational relationship then such member cannot vote. A close familial relationship means a spouse, parent, child, brother, sister, grandparent or grandchild. The term includes the step, half and in-law relationship pursuant to G.S. 160D-109 regarding a development regulation considered under G.S. 160D. A member of any board exercising quasi-judicial functions pursuant to G.S. 160D shall not participate in or vote on any quasi-judicial matter in a manner that would violate affected persons' constitutional rights to an impartial decision maker pursuant to G.S. 160D-109(d).

(Code 1972, § 26-12.2; Ord. No. 91.53, 10-16-1991; Ord. No. 2021-58, 6-15-2021)

(a)

The board shall adopt rules of procedures and regulations for the conduct of its affairs, which shall be maintained by the planning director and posted to the city's website. Procedures for quasi-judicial hearings shall be conducted pursuant to the provisions of G.S. 160D-406.

(b)

All meetings of the board shall be open to the public.

(c)

The board shall keep minutes of its meetings, including 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 pursuant to G.S. 160D-308.

(d)

It shall be the responsibility of the planning director to give notice of matters coming before the board and such notice shall be provided as follows:

(1)

Published notice. An advertisement shall be placed by the planning director, in a local newspaper of general circulation once a week for two successive calendar weeks. The first notice shall be published not less than ten calendar days nor more than 25 calendar days before the date fixed for public hearing; and

(2)

Mailed notice. The planning director shall notify by first class mail the owner(s) of the subject site, the owner(s) of property adjoining the subject site, and the owner(s) of properties within 100 feet of the adjoining properties, as indicated by the latest county tax listing of property ownership, subject to the application. This notice shall be placed in the mail at least ten calendar days but not more than 25 calendar days prior to the date of the public hearing. The planning director shall certify to the board or commission conducting the public hearing the date the notices were mailed; and

(3)

Posted notice. A sign noticing the public hearing shall be prominently posted by the planning director, on the property subject to the application at least ten calendar days but not more than 25 calendar days prior to the public hearing at which the application will be reviewed. The sign shall be posted on the property at a point visible from the nearest public street. In the case of multiple parcels, sufficient signage shall be posted to provide reasonable notice to interested parties.

(e)

The person acting as chairman of the board is authorized to administer oaths to any witnesses in any matter coming before the board.

(f)

Applications for special use approvals, applications for variances, requests for interpretations and appeals for review of decisions of the planning director shall be filed with the planning director, as agent for the board, on forms provided by the planning director.

(g)

It shall be the responsibility of the planning director to notify by certified mail the applicant or appellant of the disposition which the board made of the matter.

(h)

It shall be the responsibility of the planning director to issue permits in accord with the board's action on an appeal or application, if a permit is authorized by the board action.

(i)

The planning director shall see to the faithful execution of all portions of the board's actions, including the enforcement of all conditions which may have been attached to the granting of a variance or approval of a special use.

(Code 1972, § 26-12.3; Ord. No. 91.53, 10-16-1991; Ord. No. 2008.1, § 1, 1-8-2008; Ord. No. 2021-58, 6-15-2021)

(a)

A quorum of the board, necessary to conduct any business of the board, shall consist of a majority of the total members of the board.

(b)

The concurring vote of three members of the board, present for the hearing, shall be necessary in order to:

(1)

Reverse any order, requirement, decision or determination of the planning director.

(2)

Decide in favor of the applicant any matter upon which it is required to pass by this chapter.

(c)

A simple majority vote of the quorum shall be necessary to conduct routine business of the board and to deny applications and appeals.

(d)

The concurring vote of four-fifths of the members of the board shall be necessary to approve any application for a variance of the ordinance.

(Code 1972, § 26-12.4; Ord. No. 91.53, 10-16-1991; Ord. No. 2019-31, § 3, 8-6-2019)

(a)

A variance may only be allowed by the board in cases involving practical difficulties or unnecessary hardships when substantial evidence in the official record of the application supports all the following findings:

(1)

The alleged hardships or practical difficulties are unique and singular as regards the property of the person requesting the variance and are not those suffered in common with other property similarly located.

(2)

The alleged hardships and practical difficulties, which will result from failure to grant the variance, extend to the inability to use the land in question for any use in conformity with the provision of this chapter and include substantially more than mere inconvenience and inability to attain a higher financial return.

(3)

The variance, if allowed, will not substantially interfere with or injure the rights of others whose property would be affected by allowance of the variance.

(4)

The variance is in harmony with and serves the general intent and purpose of this chapter and the adopted land development plan.

(5)

Allowing the variance will result in substantial justice being done, considering both the public benefits intended to be secured by this chapter and the individual hardships that will be suffered by a failure of the board to grant a variance.

All of these findings of fact shall be made in the indicated order by the board, which is not empowered to grant a variance without an affirmative finding of fact on all five categories above. Each finding of fact shall be supported by substantial evidence in the record of proceedings before the board.

(b)

The board may impose reasonable conditions upon the granting of any variance to insure that the public health, safety, and general welfare shall be protected and substantial justice done. Violation of such conditions shall be a violation of this chapter.

(Code 1972, § 26-12.5; Ord. No. 91.53, 10-16-1991)

(a)

Before any application for a special use shall be approved, the board shall make written findings certifying compliance with the specific standards governing each individual special use and that the general standards contained in section 102-462 are met. The board shall make appropriate findings, supported by evidence in its record, on each general and specific standard.

(b)

The board may impose reasonable conditions upon the installation and operation of any special use to insure that the public health, safety and general welfare shall be protected and substantial justice done. Violation of such conditions shall be a violation of this chapter.

(Code 1972, § 26-12.6; Ord. No. 91.53, 10-16-1991)

An appeal to the board from an order, requirement, decision or determination of the planning director shall be decided by the board, based upon its findings of fact and to achieve the intent of the chapter. In exercising this power, the board shall act in a prudent manner so that the purposes of the chapter shall be served. The effect of the decision shall not be to vary the terms of the chapter nor add to the list of permitted or permissible uses in the districts.

(Code 1972, § 26-12.7; Ord. No. 91.53, 10-16-1991)

An appeal to the board from a decision or determination of the planning director stays all proceedings in furtherance of the decision or determination appealed from, except as provided in section 102-102.

(Code 1972, § 26-12.8; Ord. No. 91.53, 10-16-1991)

An appeal to the board of a determination or decision of the planning director shall not stay proceedings in furtherance of the decision or determination appealed from, if the planning director certifies either:

(1)

That a stay would cause imminent peril to life or property.

(2)

That the situation appealed from is transitory in nature and, therefore, an appeal would seriously interfere with enforcement of this chapter.

In each instance, the planning director shall place in the certificate facts to support the conclusion.

(Code 1972, § 26-12.9; Ord. No. 91.53, 10-16-1991)

Every decision of the board shall be subject to review at the instance of any aggrieved party by the superior court by proceedings in the nature of certiorari. The appeal to superior court must be filed within 30 days of the filing by the secretary of the board of the decision in the office of the planning director or the delivery by the planning director of the notice required in section 102-96(g), whichever is later.

(Code 1972, § 26-12.10; Ord. No. 91.53, 10-16-1991)

For the purpose of establishing and maintaining sound, stable, and desirable development within the city and its extraterritorial planning jurisdiction, this chapter shall not be amended except to correct a manifest error in the chapter or, because of changed or changing conditions in a particular area or in the jurisdiction of the city generally, to rezone an area, extend the boundary of an existing zoning district, or to change the regulations and restrictions thereof, and then, only as reasonably necessary to the promotion of the public health, safety, or general welfare, and to achieve the purposes of the adopted land development plan.

(Code 1972, § 26-13.1; Ord. No. 91.53, 10-16-1991)

Subject to the limitations of the foregoing statement of intent, an amendment to this chapter may be initiated by:

(1)

The council on its own motion.

(2)

The Newton Planning Commission (NPC).

(3)

Application by any property owner or his agent, a citizen or his agent.

(4)

No amendment to zoning regulations or a zoning map that down-zones property shall be initiated nor is it enforceable without the written consent of all property owners whose property is the subject of the down-zoning amendment, unless the down-zoning amendment is initiated by the local government. For purposes of this section, down-zoning amendment is initiated by the local government. For purposes of this section, "down-zoning" means a zoning ordinance that affects an area of land in one of the following ways:

a.

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

b.

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. (2019-111, s. 2.4; 2020-3, s. 4.33(a); 2020-25, ss. 12, 50(a), 51(a), (b), (d).)

(5)

Property that is located in a city's extraterritorial planning and development regulation jurisdiction and that is used for bona fide farm purposes is exempt from the city's zoning regulation to the same extent bona fide farming activities are exempt from county zoning pursuant to this section and no amendment or establishment of zoning regulations or a zoning map shall be initiated nor is enforceable pursuant to G.S. 160D-903(c). As used in this subsection, "property" means a single tract of property or an identifiable portion of a single tract. Property that ceases to be used for bona fide farm purposes becomes subject to exercise of the city's extraterritorial planning and development regulation jurisdiction under this chapter. For purposes of complying with state or federal law, property that is exempt from municipal zoning pursuant to this subsection is subject to the county's floodplain regulation or all floodplain regulation provisions of the county's unified development ordinance.

(Code 1972, § 26-13.2; Ord. No. 91.53, 10-16-1991; Ord. No. 2002.31, 8-21-2002; Ord. No. 2021-58, 6-15-2021)

All applications for amendments to this chapter shall be in writing, signed and filed with the planning director.

(Code 1972, § 26-13.3; Ord. No. 91.53, 10-16-1991)

All applications for amendments to this chapter, without limiting the right to file additional material, shall contain at least the following:

(1)

If the proposed amendment would require a change in the official zoning atlas, a fully dimensioned map, at a scale of not more than 100 feet nor less than 20 feet to the inch, showing the land covered by the proposed amendment.

(2)

A legal description of such land, if applicable.

(3)

Any alleged error in this chapter which would be corrected by the proposed amendment with a detailed explanation of such error in the chapter and detailed reasons how the proposed amendment will correct same.

(4)

The changed or changing conditions, if any, in the jurisdiction of the city generally, which make the proposed amendment reasonably necessary to the promotion of the public health, safety and general welfare.

(5)

The manner in which the proposed amendment will carry out the intent and purpose of the adopted land development plan.

(6)

All other circumstances, factors and reasons which applicant offers in support of the proposed amendment.

(Code 1972, § 26-13.3.1; Ord. No. 91.53, 10-16-1991)

(a)

The planning director, upon receipt of an application to amend this chapter, shall examine and approve as to form and refer the same to the Newton Planning Commission (NPC) for study.

(b)

The planning director shall prepare and submit a written report to the NPC prior to its meeting to consider the application and also to the city council prior to the hearings described in section 102-126.

(Code 1972, § 26-13.4; Ord. No. 91.53, 10-16-1991; Ord. No. 2002.31, 8-21-2002)

A public hearing shall be held by the NPC and the council before adoption of any proposed amendment to this chapter. Notice of each public hearing shall be given as follows:

(a)

Published notice. An advertisement shall be placed by the planning director, in a local newspaper of general circulation once a week for two successive calendar weeks. The first notice shall be published not less than ten calendar days nor more than 25 calendar days before the date fixed for public hearing, and in computing such period, the day of publication is not to be included but the day of the hearing shall be included;

(b)

Mailed notice. The planning director shall notify by first class mail the owner(s) of the subject site, the owner(s) of property abutting the subject site, and the owner(s) of properties within 100 feet of the abutting properties, as indicated by the latest county tax listing of property ownership, subject to the application. For the purpose of this section, properties are abutting even if separated by a street, railroad, or other transportation corridor. For large-scale zoning map agreements, optional notice is permissible pursuant to G.S. 160D-602(b). This notice shall be placed in the mail at least ten calendar days but not more than 25 calendar days prior to the date of the public hearing. The planning director shall certify to the board or commission conducting the public hearing the date the notices were mailed; and

(c)

Posted notice. A sign noticing the public hearing shall be prominently posted by the planning director, on the property subject to the application at least ten calendar days but not more than 25 calendar days prior to the public hearing at which the application will be reviewed. The sign shall be posted on the property at a point visible from the nearest public street. In the case of multiple parcels, sufficient signage shall be posted to provide reasonable notice to interested parties.

(d)

Notice of proposed jurisdiction change. In the case of the city, proposing to exercise extraterritorial jurisdiction under this chapter, shall notify the owners of all parcels of land proposed for addition to the area of extraterritorial jurisdiction, as shown on the county tax records. The notice shall be sent by first-class mail to the last addresses listed for affected property owners in the county tax records. The notice shall inform the landowner of the effect of the extension of extraterritorial jurisdiction, of the landowner's right to participate in a legislative hearing prior to adoption of any ordinance extending the area of extraterritorial jurisdiction as provided in G.S. 160D-302(d), and of the right of all residents of the area to apply to the board of county commissioners to serve as a representative on the planning board and the board of adjustment. The notice shall be mailed at least 30 days prior to the date of the hearing. The person or persons mailing the notices shall certify to the city council that the notices were sent by first-class mail, and the certificate shall be deemed conclusive in the absence of fraud. In compliance with G.S. 160D-202(d) the city may hold one hearing, with single mailed notice, regarding the extra territorial jurisdiction and the initial zoning amendment. The city may hold hearings in anticipation of change in jurisdiction pursuant to G.S. 160D-204.

(Code 1972, § 26-13.6; Ord. No. 91.53, 10-16-1991; Ord. No. 2002.31, 8-21-2002; Ord. No. 2008.1, § 2, 1-8-2008; Ord. No. 2021-58, 6-15-2021)

Before adopting, amending, or repealing any ordinance or development regulation, the city council shall hold a legislative hearing. A notice of the hearing shall be given once a week for two successive calendar weeks in a newspaper having a general circulation in the area. The notice shall be published for the first time not less than ten days nor more than 25 days before the date scheduled for the hearing. In computing such period, the day of publication is not to be included but the day of the hearing shall be included. Adoption of a legislative decision for development regulations may be enacted on first reading by a simple majority. A development regulation adopted pursuant to this section shall be adopted by ordinance.

(Code 1972, § 26-13.7; Ord. No. 91.53, 10-16-1991; Ord. No. 2002.31, 8-21-2002; Ord. No. 2021-58, 6-15-2021)

After the NPC has held a public hearing on the application, the council shall receive the recommendations of the NPC and the planning director. After the council has received the recommendation of the NPC and planning director and held a public hearing on the application, it shall then take one of the following actions:

(1)

Approval of the application.

(2)

Approval of a modified version of the application.

(3)

Denial of the application.

(Code 1972, § 26-13.8; Ord. No. 91.53, 10-16-1991; Ord. No. 2002.31, 8-21-2002)

(a)

When adopting or rejecting any zoning text or map amendment, the city council shall approve a brief statement describing whether its action is consistent or inconsistent with an adopted comprehensive plan. The requirement for a plan consistency statement may also be met by a clear indication in the minutes of the city council that at the time of action on the amendment the city council was aware of and considered the planning board's recommendations and any relevant portions of an adopted comprehensive plan. If a zoning map amendment is adopted and the action was deemed inconsistent with the adopted plan, the zoning amendment shall have the effect of also amending any future land-use map in the approved plan, and no additional request or application for a plan amendment shall be required. A plan amendment and a zoning amendment may be considered concurrently. The plan consistency statement is not subject to judicial review. If a zoning map amendment qualifies as a "large scale rezoning" under G.S. 160D-602(b), the city council 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.

(b)

When adopting or rejecting any petition for a zoning map amendment, a statement analyzing the reasonableness of the proposed rezoning shall be approved by the city council. This statement of reasonableness may consider, among other factors, (i) the size, physical conditions, and other attributes of the area proposed to be rezoned, (ii) the benefits and detriments to the landowners, the neighbors, and the surrounding community, (iii) 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; (iv) why the action taken is in the public interest; and (v) any changed conditions warranting the amendment. If a zoning map amendment qualifies as a "large-scale rezoning" under G.S. 160D-602(b), the city council statement on reasonableness may address the overall rezoning.

(c)

The statement of reasonableness and the plan consistency statement required by this section may be approved as a single statement.

(Ord. No. 2021-58, 6-15-2021)

An applicant may withdraw the application at any time by written notice to the planning director. However, any withdrawal of an application after the giving of the first notice as required in section 102-126 shall be considered, for the purposes of section 102-126, a denial of the application.

(Code 1972, § 26-13.10; Ord. No. 91.53, 10-16-1991)

When the council shall have denied an application or the application shall have been withdrawn after the first notice of the public hearing thereon, the council shall not receive another application for the same or similar amendment affecting the same property or a portion of it until the expiration of a one-year period, extending from the date of denial or withdrawal, as appropriate.

(Code 1972, § 26-13.11; Ord. No. 91.53, 10-16-1991; Ord. No. 2002.31, 8-21-2002)

(a)

Reasonable fees sufficient to cover the costs of administration, inspection, publication of notice, and similar matters may be charged to applicants for zoning permits, sign permits, special use permits, major and minor subdivision plat approval, zoning amendments, variances, appeals, and other administrative relief, and site plan review. The amount of the fees charged shall be set forth in the city's fee schedule or as established by resolution of the council files in the office of the city clerk.

(b)

Fees established in accordance with subsection (a) above shall be paid upon submission of a signed application or notice of appeal.

(c)

The local government shall have the authority to enact ordinances, procedures, and fee schedules relating to the administration and the enforcement of development regulations. The local government may appropriate for the support of the staff any funds that it deems necessary. It shall have power to fix reasonable fees for support, administration, and implementation of programs authorized by G.S. 160D-402, and all such fees shall be used for no other purposes.

(Code 1972, § 26-13.12; Ord. No. 91.53, 10-16-1991; Ord. No. 2002.31, 8-21-2002; Ord. No. 2021-58, 6-15-2021)

The NPC and the planning director shall, from time to time, examine the provisions of this chapter and the location of zoning district boundary lines and shall submit a report to the council recommending changes and amendments, if any, which are desirable in the interest of public health, safety, and general welfare, mindful of the intent expressed in section 102-121.

(Code 1972, § 26-13.13; Ord. No. 2002.31, 8-21-2002)