Rose Hill City Zoning Code
CHANGES AND
AMENDMENTS
§ 154.270 GENERALLY.
The Town Board may amend, supplement, or change the text regulations and zoning district lines according to the following procedures.
(Ord. passed 7-9-1985; Ord. passed 5-10-1990; Ord. passed 3-9-1999; Ord. passed 8-10-1999; Ord. passed 3-14-2000; Ord. passed 5-9-2000; Ord. passed 9-9-2003; Ord. passed 9-13-2005; Ord. passed 9-12-2006; Ord. passed 6-29-2021)
§ 154.271 ACTION BY THE APPLICANT.
(A) Initiation of amendments. Proposed changes or amendments may be initiated by the Town Board, Planning Board, Board of Adjustment, town officials, or by one or more owners or lessees of property within the area proposed to be changed or affected.
(B) Application. An application 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 owner or owners of the property. The application shall be filed not later than three weeks prior to the meeting at which the application is to be considered.
(C) Fee.
(1) Zoning text amendment: $250 plus $.50/letter or $5.50/certified letter;
(2) Rezoning request (less than 50 different property owners affected): $250 plus $.50/ letter or $5.50/certified letter; and
(3) Rezoning request (50 or more different property owners affected): $1,185 plus $.50/letter or $5.50/certified letter.
(Ord. passed 7-9-1985; Ord. passed 5-10-1990; Ord. passed 3-9-1999; Ord. passed 8-10-1999; Ord. passed 3-14-2000; Ord. passed 5-9-2000; Ord. passed 9-9-2003; Ord. passed 9-13-2005; Ord. passed 9-12-2006; Ord. passed 12-9-2008; Ord. passed 6-29-2021)
§ 154.272 AMENDING THE ORDINANCE.
(A) Hearing with published notice. Before adopting, amending, or repealing any provision of this chapter, the Town Board 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 general circulation in the area. The notice shall be published 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.
(B) No amendment to this chapter or the Zoning Map of the Town of Rose Hill 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 town. For purposes of this prohibition, "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; or (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.
(Ord. passed 6-29-2021)
§ 154.273 NOTICE OF HEARING ON PROPOSED ZONING MAP AMENDMENTS.
In addition to the published notice requirements of § 154.272 herein, the following shall apply to Zoning Map amendments:
(A) Mailed notice. The owners of affected parcels of land and the owners of all parcels of land abutting that parcel of land shall be mailed a notice of the hearing on a proposed zoning map amendment by first-class mail at the last addresses listed for such owners on the county tax abstracts. For the purpose of this section, properties are "abutting" even if separated by a street, railroad, or other transportation corridor. This notice must be deposited in the mail at least ten but not more than 25 days prior to the date of the hearing.
(B) Optional notice for large-scale Zoning Map amendments. The first-class mail notice required under division (A) of this section shall not be required if the Zoning Map amendment proposes to change the zoning designation of more than 50 properties, owned by at least 50 different property owners, and the town elects to use the expanded published notice provided for in this division. In this instance, the town may elect to make the mailed notice provided for in division (A) of this section or, as an alternative, elect to publish notice of the hearing as required by G.S. § 160D-601, provided that each advertisement shall not be less than one-half of a newspaper page in size. The advertisement shall only be effective for property owners who reside in the area of general circulation of the newspaper that publishes the notice. Property owners who reside outside of the newspaper circulation area, according to the address listed on the most recent property tax listing for the affected property, shall be notified according to the provisions of division (A) of this section.
(C) Posted notice. When a Zoning Map amendment is proposed, the town shall prominently post a notice of the hearing on the site proposed for the amendment or on an adjacent public street or highway right-of-way. The notice shall be posted within the same time period specified for mailed notices of the hearing. When multiple parcels are included within a proposed Zoning Map amendment, a posting on each individual parcel is not required but the town shall post sufficient notices to provide reasonable notice to interested persons.
(Ord. passed 6-29-2021)
§ 154.274 CITIZEN COMMENTS.
If any resident or property owner in the town submits a written statement regarding a proposed amendment, modification, or repeal to a zoning regulation, including a text or map amendment, to the Clerk to the Town Board at least two business days prior to the proposed vote on such change, the Clerk to the Board shall deliver such written statement to the Town Board. If the proposed change is the subject of a quasi-judicial proceeding under G.S. § 160D-705 or any other statute, the Clerk shall provide only the names and addresses of the individuals providing written comment, and the provision of such names and addresses to all members of the Board shall not disqualify any member of the Board from voting.
(Ord. passed 6-29-2021)
§ 154.275 ACTION BY THE BOARD OF ADJUSTMENT.
(A) Zoning amendments. All proposed amendments to this chapter or Zoning District Map shall be submitted to the Board of Adjustment for review and comment. If no written report is received from the Board of Adjustment within 30 days of referral of the amendment to that Board, the Town Board may act on the amendment without the Board of Adjustment report. The Town Board are not bound by the recommendations, if any, of the Board of Adjustment.
(B) Plan consistency. When conducting a review of proposed zoning text or map amendments pursuant to this section, the Board of Adjustment shall advise and comment on whether the proposed action is consistent with any comprehensive plan that has been adopted and any other officially adopted plan that is applicable. The Board of Adjustment shall provide a written recommendation to the Town Board that addresses plan consistency and other matters as deemed appropriate by the Board of Adjustment, but a comment by the Board of Adjustment that a proposed amendment is inconsistent with the comprehensive plan shall not preclude consideration or approval of the proposed amendment by the governing board. If a Zoning Map amendment qualifies as a "large-scale rezoning" under § 154.273(B) the Board of Adjustment statement describing plan consistency may address the overall rezoning and describe how the analysis and policies in the relevant adopted plans were considered in the recommendation made.
(C) Separate Board required. Notwithstanding the authority to assign duties of the Planning Board to the Town Board as provided by G.S. Ch. 160D, the review and comment required by this section shall not be assigned to the Town Board and must be performed by a separate Board.
(D) Reapplication for amendment. Application for amendment in this chapter shall only be permitted once within any 12-month period. The Town Board, by three-fourths vote of its total membership, may waive this restriction if it finds any emergency exists.
(Ord. passed 6-29-2021)
§ 154.276 ACTION BY THE TOWN BOARD.
(A) When adopting or rejecting any zoning text or map amendment, the Town Board 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 Town Board that at the time of action on the amendment the Town Board 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 § 154.273(B), the Town Board statement describing plan consistency may address the overall rezoning and describe how the analysis and policies in the relevant adopted plans were considered in the action taken.
(B) Additional reasonableness statement for rezonings. 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 Governing Board. 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 § 154.273(B), the Town Board statement on reasonableness may address the overall rezoning.
(C) Single statement permissible. The statement of reasonableness and the plan consistency statement required by this section may be approved as a single statement.
(Ord. passed 6-29-2021)
§ 154.277 PLANNING BOARD.
(A) Establishment. The Planning Board is established pursuant to G.S. § 160D-301.
(B) Membership and vacancies. The Planning Board shall be composed of five members. Four members shall be appointed by the Town Board. The fifth member shall be a representative from the town's extra-territorial jurisdictions. The Town Board may establish reasonable procedures to solicit, review, and make appointments to the Planning Board. The Town Board will provide means of proportional representation based on population for residents of the extraterritorial jurisdictions.
(C) Organization. All meetings and hearings of the Planning Board shall be held at a regular place and shall be open to the public and shall be conducted in accordance with the rules of procedure of the Planning Board.
(D) Meetings of the Planning Board shall be held pursuant to a schedule adopted pursuant to law. Special or emergency meetings of the Planning Board may be held in accordance with the provisions of G.S. Ch. 143.
(E) Rules of procedure that are consistent with the provisions of this chapter may be adopted by the Town Board for the Planning Board. In the absence of action by the Town Board, the Planning Board is authorized to adopt its own rules of procedure that are consistent with the provisions of G.S. Ch. 160D. A copy of any adopted rules of procedure shall be maintained by the Clerk to the Town Board and shall be posted on the town's website. Meetings of the Planning Board shall be held pursuant to a schedule adopted pursuant to law. Special or emergency meetings of the Planning Board may be held in accordance with the provisions of G.S. Ch. 143. All meetings shall be open to the public.
(F) The Planning Board shall keep permanent minutes of all proceedings. The minutes shall record attendance of its members, its resolutions, findings, recommendations, and final actions.
(G) The minutes of the Planning Board shall be public record.
(H) Powers and duties. In execution of the provisions of this chapter, the Planning Board shall have all powers and duties permitted by G.S. § 160D-301.
(I) Oath of office. All members appointed to the Planning Board under this chapter shall, before entering their duties, qualify by taking an oath of office as required by G.S. § 160A-61.
(J) Quasi-judicial decisions. The Planning Board shall follow the procedures set forth in § 154.279 herein if making a decision or determination for which a quasi-judicial hearing is required.
(Ord. passed 6-29-2021)
§ 154.278 TOWN BOARD OF COMMISSIONERS.
(A) Powers and duties. In execution of the provisions of this chapter, the Town Board may exercise the powers as may be described elsewhere in this chapter.
(B) Final authority. The Town Board shall be responsible for final action regarding the following:
(1) Zoning Code text amendments; and
(2) Zoning Map amendments (Rezoning).
(C) Minutes. The Town Board shall keep minutes of its proceedings.
(D) Quasi-judicial decisions. The Town Board shall follow the procedures set forth in § 154.279 herein if making a decision or determination for which a quasi-judicial hearing is required.
(Ord. passed 6-29-2021)
§ 154.279 QUASI-JUDICIAL PROCEDURES.
(A) Process required. The Planning Board, Board of Adjustment and Town Board shall follow quasi-judicial procedures as directed in this chapter, and in any event in determining appeals of administrative decisions, variances, special use permits, and other quasi-judicial decisions.
(B) Notice of hearing. Notice of evidentiary hearings conducted pursuant to this chapter shall be mailed to the person or entity whose appeal, application, or request is the subject of the hearing; to the owner of the property that is the subject of the hearing if the owner did not initiate the hearing; to the owners of all parcels of land abutting the parcel of land that is the subject of the hearing; and to any other persons entitled to receive notice as provided by this chapter. In the absence of evidence to the contrary, the town may rely on the county tax listing to determine owners of property entitled to mailed notice. The notice must be deposited in the mail at least ten days, but not more than 25 days, prior to the date of the hearing. Within that same time period, the town shall also prominently post a notice of the hearing on the site that is the subject of the hearing or on an adjacent street or highway right-of-way. The Board may continue an evidentiary hearing that has been convened without further advertisement. If an evidentiary hearing is set for a given date and a quorum of the Board is not then present, the hearing shall be continued until the next regular meeting of the Board without further advertisement.
(C) Administrative materials. The Administrative Official shall transmit to the Board all applications, reports, and written materials relevant to the matter being considered. The administrative materials may be distributed to the members of the Board prior to the hearing if at the same time they are distributed to the Board a copy is also provided to the appellant or applicant and to the landowner if that person is not the appellant or applicant. The administrative materials shall become a part of the hearing record. The administrative materials may be provided in written or electronic form. Objections to inclusion or exclusion of administrative materials may be made before or during the hearing. Rulings on unresolved objections shall be made by the Board at the hearing.
(D) Presentation of evidence. The applicant, the town, and any person who would have standing to appeal the decision shall have the right to participate as a party at the evidentiary hearing. Other witnesses may present competent, material, and substantial evidence that is not repetitive as allowed by the Board.
(E) Objections. Objections regarding jurisdictional and evidentiary issues, including, but not limited to, the timeliness of an appeal or the standing of a party, may be made to the Board. The Board Chair shall rule on any objections, and the Chair's rulings may be appealed to the full Board. These rulings are also subject to judicial review pursuant to G.S. § 160D-1402. Objections based on jurisdictional issues may be raised for the first time on judicial review.
(F) Appearance of official new issues. The official who made the decision or the person currently occupying that position, if the decision maker is no longer employed by the town, shall be present at the evidentiary hearing as a witness. The appellant shall not be limited at the hearing to matters stated in a notice of appeal. If any party or the town would be unduly prejudiced by the presentation of matters not presented in the notice of appeal, the Board shall continue the hearing.
(G) Oaths. The Chair of the Board or any member acting as Chair and the Clerk to the Board are authorized to administer oaths to witnesses in any matter coming before the Board. Any person who, while under oath during a proceeding before the Board determining a quasi-judicial matter, willfully swears falsely is guilty of a Class 1 misdemeanor.
(H) Subpoena. The Board making a quasi-judicial decision under this chapter through the Chair or, in the Chair's absence, anyone acting as Chair may subpoena witnesses and compel the production of evidence. To request issuance of a subpoena, the applicant, the town, and any person with standing may make a written request to the Chair explaining why it is necessary for certain witnesses or evidence to be compelled. The Chair shall issue requested subpoenas he or she determines to be relevant, reasonable in nature and scope, and not oppressive. The Chair shall rule on any motion to quash or modify a subpoena. Decisions regarding subpoenas made by the Chair may be immediately appealed to the full Board. If a person fails or refuses to obey a subpoena issued pursuant to this division, the Board or the party seeking the subpoena may apply to the General Court of Justice for an order requiring that its subpoena be obeyed, and the court shall have jurisdiction to issue these orders after notice to all proper parties.
(I) Voting. The concurring vote of four-fifths of the Board shall be necessary to grant a variance. A majority of the members shall be required to decide any other quasi-judicial matter or to determine an appeal made in the nature of certiorari. For the purposes of this division, vacant positions on the Board and members who are disqualified from voting on a quasi-judicial matter under this chapter shall not be considered members of the Board for calculation of the requisite majority if there are no qualified alternates available to take the place of such members.
(J) Decisions. The Board shall determine contested facts and make its decision within a reasonable time. When hearing an appeal, the Board may reverse or affirm, wholly or partly, or may modify the decision appealed from and shall make any order, requirement, decision, or determination that ought to be made. The Board shall have all the powers of the official who made the decision. Every quasi-judicial decision shall be based upon competent, material, and substantial evidence in the record. Each quasi-judicial decision shall be reduced to writing, reflect the Board's determination of contested facts and their application to the applicable standards, and be approved by the Board and signed by the Chair or other duly authorized member of the Board. A quasi-judicial decision is effective upon filing the written decision with the Clerk to the Board. The decision of the Board shall be delivered within a reasonable time by personal delivery, electronic mail, or first-class mail to the applicant, landowner, and any person who has submitted a written request for a copy prior to the date the decision becomes effective. The person required to provide notice shall certify to the town that proper notice has been made, and the certificate shall be deemed conclusive in the absence of fraud.
(Ord. passed 6-29-2021)
§ 154.280 CONFLICTS OF INTEREST.
(A) Town Board. A Town Commissioner shall not vote on any legislative decision regarding a development regulation under this chapter where the outcome of the matter being considered is reasonably likely to have a direct, substantial, and readily identifiable financial impact on the Commissioner.
(B) Planning Board and Board of Adjustment. Members of the Planning Board and Board of Adjustment shall not vote on any advisory or legislative decision regarding a development regulation under this chapter where the outcome of the matter being considered is reasonably likely to have a direct, substantial, and readily identifiable financial impact on the member.
(C) Administrative staff. No staff member shall make a final decision on an administrative decision regarding a development regulation under this chapter 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 associational relationship. If a staff member has a conflict of interest under this section, the decision shall be assigned to the supervisor of the staff person or such other staff person as may be designated by the development regulation or other ordinance.
(D) No staff member shall be financially interested or employed by a business that is financially interested in a development subject to regulation under this chapter 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 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.
(E) Quasi-judicial decisions. When the Board of Adjustment is exercising quasi-judicial functions pursuant to this chapter, Board members 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. Impermissible violations of due process include, but are not limited to, a member having:
(1) A fixed opinion prior to hearing the matter that is not susceptible to change;
(2) Undisclosed ex parte communications;
(3) A close familial, business, or other associational relationship with an affected person; or
(4) A financial interest in the outcome of the matter.
(F) Resolution of objection. If an objection is raised to a Board member's participation at or prior to the hearing or vote on a particular matter and that member does not recuse himself or herself, the remaining members of the Board shall by majority vote rule on the objection.
(G) Familial relationship. For purposes of this section, a CLOSE FAMILIAL RELATIONSHIP means a spouse, parent, child, brother, sister, grandparent, or grandchild. The term includes the step, half, and in-law relationships.
(Ord. passed 6-29-2021)
§ 154.999 ENFORCEMENT AND PENALTIES.
This chapter shall be enforceable in accordance with provisions available in the General Statutes of North Carolina Ch. 160D. This chapter may be enforced by any remedy provided by G.S. §160A-175.
(A) Notice of violation. When staff determines work or activity has been undertaken in violation of this chapter or any approval issued hereunder, a written notice of violation may be issued. The notice of violation shall be delivered to the holder of the approval and to the landowner of the property involved, if the landowner is not the holder of the approval, by personal delivery, electronic delivery, or first-class mail and may be provided by similar means to the occupant of the property or the person undertaking the work or activity. The notice of violation may be posted on the property. The person providing the notice of violation shall certify to the town that the notice was provided, and the certificate shall be deemed conclusive in the absence of fraud. A notice of violation may be appealed to the Board of Adjustment, and the Board of Adjustment shall follow quasi-judicial processes as set forth herein.
(B) Stop work orders. Whenever any work or activity subject to regulation pursuant to this chapter is undertaken in substantial violation of any state or local law, or in a manner that endangers life or property, staff may order the specific part of the work or activity that is in violation or presents such a hazard to be immediately stopped. The order shall be in writing, directed to the person doing the work or activity, and shall state the specific work or activity to be stopped, the reasons therefor, and the conditions under which the work or activity may be resumed. A copy of the order shall be delivered to the holder of the development approval and to the owner of the property involved (if that person is not the holder of the development approval) by personal delivery, electronic delivery, or first-class mail. The person or persons delivering the stop work order shall certify to the town that the order was delivered, and that certificate shall be deemed conclusive in the absence of fraud. A stop work order may be appealed to the Board of Adjustment, and the Board of Adjustment shall follow quasi-judicial processes as set forth in § 154.279 herein. No further work or activity shall take place in violation of a stop work order pending a ruling on the appeal. Violation of a stop work order shall constitute a Class 1 misdemeanor.
(C) Revocation of development approvals. Development approvals may be revoked by the town by notifying the holder in writing stating the reason for the revocation. The town 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 town 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 § 154.257 herein. If an appeal is filed regarding a development regulation adopted by the town pursuant to G.S. Ch. 160D, the provisions of § 154.257 herein regarding stays apply.
(D) Any person, firm, or corporation who violates the provisions of this chapter shall, upon conviction, be guilty of a misdemeanor and shall be fined not exceeding $50 and/or imprisoned not exceeding 30 days. Each day of violation shall be considered a separate offense.
(E) Civil remedies. If a building or structure is erected, constructed, reconstructed, altered, repaired, converted, or maintained, or any building, structure, or land is used or developed in violation of this chapter, the town, in addition to other remedies, may institute any appropriate action or proceedings to prevent the unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance, use, or development; to restrain, correct or abate the violation; to prevent occupancy of the building, structure, or land; or to prevent any illegal act, conduct, business, or use in or about the premises. The town may commence a civil action in the appropriate division of the General Court of Justice for enforcement in accordance with G.S. § 160A-175.
(Ord. passed 7-9-1985; Ord. passed 5-10-1990; Ord. passed 3-9-1999; Ord. passed 8-10-1999; Ord. passed 3-14-2000; Ord. passed 5-9-2000; Ord. passed 9-9-2003; Ord. passed 9-13-2005; Ord. passed 9-12-2006; Ord. passed 6-29-2021)