The board of commissioners shall have the following powers and duties to be carried out with this chapter which include, but are not limited to, the following:

(1)

Conducting hearings on certain special use permits as provided by this chapter;

(2)

Authorizing, approving, and reasonably maintain land use plans or comprehensive plans which guide the implementation and modification of this chapter;

(3)

Initiating and making amendments to the text of these regulations and to zoning maps;

(4)

Hearing, reviewing and adopting or rejecting amendments to the text of these regulations and to zoning maps;

(5)

Appointing planning board and board of adjustment members;

(6)

Establish rules and procedures for the enforcement and administration of this chapter;

(7)

Taking such other action not delegated to the planning board or board of adjustment as the board of commissioners may deem desirable and necessary to implement the provisions of these regulations.

(8)

Function as the watershed review board regarding decisions related to special non-residential intensity allocation (SNIA) permits, high density development permits, variance from watershed overlay (WSO) standards and density averaging requests.

(Ord. of 1-19-98, § XIII; Amend. of 6-21-21; Amend. of 1-17-23)

(a)

Authority. The planning board is an appointed, advisory body making recommendations to the board of commissioners as generally authorized by G.S. 160D-301.

(b)

Duties and responsibilities. The planning board shall carry out duties as provided by chapter 17 and 21 of the Rowan County Code of Ordinances and others as directed by the board of commissioners.

(c)

Composition. The board of commissioners shall appoint members to the planning board as provided by Chapter 17 of the Rowan County Code of Ordinances.

(d)

Meetings and procedure. Unless otherwise amended by the board of commissioners, the planning board shall maintain its own rules of procedure for the transaction of official business consistent with this chapter and G.S. 160D. All meetings shall be open to the public. The planning board shall keep a written public record of member attendance and decisions.

(e)

Oath of office. Prior to performing duties referenced in subsection (b), new and reappointed members shall take an oath of office referenced in G.S. 11-7 and 153A-026.

(Ord. of 1-19-98, § XIII; Amend. of 6-21-21)

(a)

Authority. As an appointed, quasi-judicial body, the BOA hears and decides appeals and variance requests as authorized by G.S. 160D-405 and 705.

(b)

Duties and responsibilities. The BOA shall carry out duties expressly provided in article XIII or as directed by the board of commissioners.

(c)

Composition. Subject to appointment pursuant to 160D-302 and section 21-312(c) herein, the planning board shall perform the duties and responsibilities of the board of adjustment.

(d)

Meetings and procedure. Unless otherwise amended by the board of commissioners, the BOA shall maintain its own rules of procedure for the transaction of official business consistent with this chapter and G.S. 160D. All meetings shall be open to the public. The BOA shall keep a written public record of member attendance, findings and decisions.

(e)

Oath of office. Prior to performing duties referenced in subsection (b), new and reappointed members shall take an oath of office referenced in G.S. 11-7 and 153A-026.

(Ord. of 1-19-98, § XIII; Amend. of 4-21-14; Amend. of 6-21-21; Amend. of 3-4-24)

(a)

Duties and responsibilities. The planning department serves as the lead agency for the overall administration of this article and serves as the primary professional staff of the planning board and board of adjustment.

(1)

Planning director. The planning director performs the following duties:

a.

Supervises the various activities of the department;

b.

Develops and maintains the comprehensive plan, other specialized plans, policies, regulations for plan implementation consistent with G.S. 160D-501;

c.

Serve as zoning administrator for the county and is hereby charged with the authority and duty to enforce this chapter. In this capacity the zoning administrator shall include staff authorized by the planning director to perform any function of this position.

d.

Provides recommendations to the planning board, board of adjustment, board of commissioners, and county manager;

e.

Provides administrative assistance to special boards, committees, and commissioners;

f.

Acts as executive secretary to the planning board;

g.

Performs other functions as may be necessary to effectively administer the county's overall planning program; and

h.

Maintains cumulative records for each watershed area eligible for SNIA development and detailed files for those projects approved as an SNIA outlining the location, acres, site plan and type of land use.

i.

Maintains inspection records for each stormwater control structure permitted under section 21-33(2)f.3. of this chapter.

(2)

Zoning administrator. The zoning administrator shall be responsible for the following duties:

a.

Administers and makes necessary interpretations of the zoning requirements;

b.

Acts as executive secretary to the board of adjustment;

c.

Coordinates permitting procedures;

d.

Determines compliance and investigates suspected violations;

e.

Inspects work undertaken pursuant to a development approval to assure the work is being done in accordance with applicable local laws and terms of the approval; and

f.

Performs other necessary functions to effectively administer this article.

(b)

Conflicts of interest. No staff member shall make a final administrative decision concerning a request if they would have a conflict of interest, as identified in section 21-315 (2) for advisory board members, in making the decision. If a staff member has a conflict of interest under this section, the decision shall be assigned to another staff member as designated by this chapter.

(c)

Revocation of administrative development approvals. In addition to the initiation of enforcement actions referenced in section 21-13, 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; for false statements or misrepresentations made in securing the approval; or mistakenly issued by staff in violation of applicable local law. Revocations shall be noted in writing and delivered to the holder of the development approval stating the reason thereof. Staff shall follow the same development review and approval process required for the issuance of the approval for any revocation.

(Ord. of 1-19-98, § XIII; Ord. of 4-20-98; Ord. of 5-21-01(2); Ord. of 10-18-04; Amend. of 11-2-09; Amend. of 4-21-14; Amend. of 8-19-19(1); Amend. of 6-21-21; Amend. of 1-17-23)

(1)

Public notice. The following notice requirements shall apply to legislative, courtesy, and quasi-judicial hearings required by this chapter as indicated below except as provided in section 21-316 and otherwise indicated herein:

a.

Newspaper. In accordance with G.S. 160D-601, legislative decisions regarding zoning map and text amendments shall be advertised in a newspaper of general circulation in the county once a week for two (2) consecutive calendar weeks, with the first advertisement appearing at least ten (10) days but not more than twenty-five (25) days prior to the hearing date. In computing this advertising period, the date of publication shall not be included, but the day of the hearing shall be included.

b.

Mailed notice. In addition to the newspaper notice required above, the administrator shall provide mailed notice to the owner(s) and applicant of the subject property(s) and all property owners according to the county tax listings within one hundred (100) feet of the parcel(s) or proposed rezoning boundary for the above referenced requests except only mailed notice to the applicant of a text amendment. For the purposes of this section, the distance encompassed by a street, railroad, or other transportation corridor is not included within the one hundred (100) foot distance for adjacent properties. The notice must be deposited in the mail at least ten (10) days but not more than twenty-five (25) days prior to the hearing date. If, in the discretion of the administrator, the potential impact of the proposed action or the configuration of land parcels in the area warrants notification of additional property owners beyond this distance, such notice shall be provided.

c.

Signs on property. In addition to the newspaper and mailed notice requirements, signs notifying the public of a scheduled hearing shall be posted at least ten (10) days but not more than twenty-five (25) days prior to the hearing for the above referenced requests, except for text amendments and large scale rezoning as provided in section 21-316. The signs shall be prominently placed on or immediately adjacent to the subject property. When multiple contiguous parcels are included within a request, a posting on each individual parcel is not required, but the county shall post sufficient notices to provide reasonable notice to interested persons.

d.

Miscellaneous provisions. The board may continue a hearing that has been convened without further advertisement. If the hearing is set for a given date and a quorum of the board is not present, the hearing shall be continued until the next regular board meeting without further advertisement.

(2)

Conflict of interest.

a.

Legislative and courtesy hearings. A member of the board of commissioners or planning board shall not vote on any legislative or advisory 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. Additionally, members shall not vote on any zoning map or text amendment if the applicable landowner or applicant of the petition is a person with whom the member has a close familial relationship defined as immediate family including spouse, or business or other associational relationship.

b.

Quasi-judicial hearings. A member of the board of adjustment or any other body exercising quasi-judicial functions 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 a fixed opinion prior to hearing the matter that is not susceptible to change, undisclosed ex parte communications, a close familial relationship defined as immediate family including spouse, or business, or other associational relationship with an affected person, or a financial interest in the outcome of the matter. If an objection is raised to a member's participation at or prior to the hearing or vote on the matter and that member does not recuse himself or herself, the remaining members shall by majority vote rule on the objection.

Vacant positions on the board of commissioners and members who are disqualified from voting on a quasi-judicial matter shall not be considered members of the board for calculation of the requisite majority. The same is required of the board of adjustment hearings but only if there are no qualified alternates available to take the place of such members.

(3)

Delivery of administrative materials for quasi-judicial hearings. Planning staff shall transmit to the board all applications, reports, and written materials relevant to the matter being considered, which becomes part of the hearing record. The materials may be distributed to the members of the board prior to the hearing if the same material is provided to the applicant or appropriate party and the property owner. Objections to inclusion or exclusion of materials may be made before or during the hearing. Rulings on unresolved objections shall be made by the board at the hearing.

(4)

Conduct of hearing.

a.

General. Quasi-judicial, legislative, and courtesy hearings shall be conducted in the following manner unless modified by the chair of the respective board:

1.

Staff report;

2.

Applicant or petitioner comments;

3.

Open hearing;

4.

Public comment;

5.

Close hearing; and

6.

Action.

b.

Presentation of evidence for quasi-judicial hearings. The applicant, county or any person having standing to appeal the decision under G.S. 160D-1402(c) shall have the right to participate as a party at the hearing. Other witnesses may present competent, material, and substantial evidence that is not repetitive as allowed by the board. Objections regarding jurisdictional and evidential 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, which may be appealed to the full board. These rulings are 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.

c.

Appearance of administrator in quasi-judicial hearings. The official who made the decision, or the person currently occupying that position if the decision-maker is no longer employed with the county, shall be present at the 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 county would be unduly prejudiced by the presentation of matters not presented in the notice of appeal, the board shall continue the hearing.

d.

Writtencitizen comments. If a resident or property owner in the county submits a written statement regarding a proposed amendment, modification, or repeal to a zoning regulation authorized by G.S. 160D, Article 7 to the clerk to the respective board at least two (2) business days prior to the proposed vote on such change, the clerk shall deliver the statement to the board. If the proposed change is the subject of a quasi-judicial proceeding, the clerk to the respective board shall provide only the names and addresses of the individuals providing written comment, which shall not disqualify any board member from voting.

(5)

Oath for quasi-judicial hearings. The chair, any member acting as chair, or clerk to the board is authorized to administer oaths to witnesses in any matter before the board. Any person who, while under oath during a proceeding before the board of commissioners or BOA, willingly swears falsely is guilty of a Class I misdemeanor.

(6)

Subpoenas for quasi-judicial hearings. The board of commissioners and the BOA through the chair or anyone acting as chair, may subpoena witnesses and compel the production of evidence. To request issuance of a subpoena, the applicant, the county, or any person with standing under G.S. 160D-1402(c) 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 subsection, the board or party seeking the subpoena may apply to 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.

(7)

Action. Once a legislative or courtesy hearing is closed, the appropriate decision-making body shall take some form of action during the same meeting. Such action may include continuing the hearing to a later meeting. In cases where the planning board is authorized to make a recommendation, the board shall follow action procedures of article XIV.

In quasi-judicial decisions, the board shall determine contested facts and make its decision within a reasonable time. 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 and reflect the board's determination of contested facts and their application to the applicable standards. The written decision shall be signed by the chair or other duly authorized member of the board and is effective upon filing with the clerk of the respective board.

(8)

Vote. A majority vote, excluding vacant seats and disqualified members as indicated in subsection (2), shall be sufficient for the purpose of taking any official action except that variance requests require a four-fifths (⅘) vote of its members, excluding vacant seats and disqualified members indicated in subsection 21-315(2). Quasi-judicial decisions shall be delivered by personal delivery, electronic mail, or by first-class mail to the applicant, property owner, and to 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 that proper notice has been made.

Each quasi-judicial decision is subject to review by the superior court by proceedings in the nature of certiorari consistent with G.S. 160D-1402 and 1405(d). Any petition for review by superior court shall be filed within the clerk of superior court by the latter of thirty (30) days after the decision of the board of commissioners or BOA is effective or after a written copy thereof is given. When first class mail is used to deliver notice, three (3) working days shall be added to the time to file the petition.

(9)

Omissions. The unintentional failure to give written notice or the unintentional omission of the name of a property owner shall not invalidate the action of the planning board or board of commissioners.

(Ord. of 1-19-98, § XIII; Amend. of 2-20-06(1); Amend. of 11-2-09; Amend. of 10-4-10; Amend. of 3-5-12; Amend. of 4-21-14; Amend. of 8-19-19(1); Amend. of 6-21-21; Amend. of 11-15-21)

Editor's note— Amendment of 8-19-19(1) renamed § 21-315 as set out herein.

The first class mailed notice required in section 21-315 is not required if the zoning map amendment proposes to change the zoning designation of more than fifty (50) properties owned by at least fifty (50) landowners, and the county elects to use the expanded published notice provided in this section. In this instance the county may, as an alternative to the mailed notice requirements, elect to publish an advertisement consistent with section 21-315(1)(a) not less than one-half (½) of a newspaper page in size that shows the boundaries of the area affected by the proposed amendment including proposed districts. In addition to this requirement, affected property owners living outside the area of general circulation of the newspaper used shall be mailed a notice as provided in subsection 21-315(1)b. of this article.

(Ord. of 1-19-98, § XIII; Amend. of 2-20-06(1); Amend. of 6-21-21)

(a)

A high density development permit shall be required for new development exceeding the requirements of the low density standards of section 21-33(2)(d) and subject to the review standards of this section.

(b)

An application for a high density development permit shall be made on the proper form and submitted to the planning department with the following information:

(1)

A completed high density development permit application signed by the owner of the property. The signature of the consulting engineer or other agent will be accepted on the application only if accompanied by a letter of authorization;

(2)

Two (2) reproducible copies of the development plan within the drainage basin, detailed information concerning built-upon area and specifications of the stormwater control structure consistent with section 22-109b of the Rowan County Subdivision Ordinance;

(3)

When required by law, written verification that a soil erosion and sedimentation control plan has been approved by the appropriate state or local agency;

(c)

First consideration of a high density permit application shall occur at the next regularly scheduled meeting of the board of commissioners following the planning department's review of the complete application submittal. The board shall take action on the application at its first consideration or within thirty (30) days of its first consideration. At its discretion, the board of commissioners shall either approve or disapprove each application for a high density development permit.

(1)

If the board approves the application, such approval shall be indicated on the permit and both copies of the site plan and both copies of the plans and specifications of the stormwater control structure.

a.

In addition to any other requirements provided by this chapter, the board may designate additional permit conditions and requirements to assure the use will be harmonious with the area in which it is proposed to be located and with the spirit of this chapter.

b.

All additional conditions shall be entered in the minutes of the meeting, at which the permit is granted, on all plans and on the permit certificate.

c.

All conditions so imposed shall run with the land and shall be binding upon the applicant and the applicant's heir, successors, or assigns during the continuation of the permitted use.

(2)

If approved by the board, a high density development permit shall be forwarded to the subdivision review committee (SRC) for review pursuant to section 22-56 of the Rowan County Subdivision Ordinance.

(3)

If the board disapproves the application, the reasons for such action shall be stated in the minutes of the board and presented to the applicant in writing either by personal service or registered mail, return receipt requested. The applicant may make changes and submit a revised plan which shall be submitted, reviewed, and acted upon by the Board pursuant to the procedures of this section.

(Amend. of 8-19-19(1))

(1)

A density averaging permit shall be required for any project that averages the density of two (2) non-contiguous properties for the purpose of compliance with the development requirements set forth in section 21-33(2).

(2)

An application for a density averaging permit shall be made on the proper form and submitted to the planning department with the following information:

a.

Documentation demonstrating how the receiving property will comply with section 21-33(2)f.4.ii.

b.

Existing plats and deeds.

c.

Draft plat(s).

d.

Metes and bounds description(s) of the donating property, intended for recordation.

e.

Site plan.

(3)

The planning department shall review the application and, if deemed complete, submit a recommendation to the board of commissioners to schedule a quasi-judicial hearing regarding the application. Notice and quasi-judicial hearings shall be as provided in section 21-315. Prior to any decision to approve or deny the application the board shall make the following findings:

a.

The participating parcels as a whole conform to the intent and requirements of section 21-33(2);

b.

The proposed application and supporting documents assure the donating property will perpetually remain in an undeveloped, vegetative or natural state; and

c.

The proposed development on the receiving property is consistent with the zoning district which it is located and in general conformity with any adopted county plans.

(4)

The board shall take action as prescribed in section 21-58(g).

a.

If the board approves the application, the planning department shall issue a density averaging permit.

b.

If the board approves the application, such approval shall be indicated on the site plan, deed and plat required to ensure the donating property remains perpetually undeveloped, the receiving property complies with built-upon area limitations, and overall project complies the intent of density averaging.

c.

If the board disapproves the application, the reasons for such action shall be stated in the minutes of the board and presented to the applicant in writing either by personal service or registered mail, return receipt requested. The applicant may make changes and submit a revised plan which shall be submitted, reviewed, and acted upon by the board pursuant to the procedures in this section.

(5)

If a density averaging permit has been approved by the board of commissioners, no change in the development proposal authorized for participating parcels shall be made unless the permit is amended by the board of commissioners. The amendment process will follow the same procedure as required for the original issuance of the density averaging permit.

(Amend. of 1-17-23)