Spindale City Zoning Code
PROCESS AND
PROCEDURES
§ 155.225 ZONING ADMINISTRATOR.
(A) This chapter shall be administered and enforced by a Zoning Administrator or his or her representative who may be, or is appointed by, the Town Manager and is hereby empowered to:
(1) Issue a zoning permit in writing when these regulations have been followed or to refuse to issue the same in the event of noncompliance. Written notice of such refusal and reason therefore shall be given to the applicant;
(2) Collect the designated fees as set forth in this chapter for zoning permits, fees for specials uses, variances and appeals, or any other fee that may be specified within this chapter;
(3) Make and keep all records necessary and appropriate to the office, including records of the issuance and denial of all zoning permits, receipt of complaints of violation of this chapter, and action taken on same;
(4) Inspect any buildings or land to determine whether any violations of this chapter have been committed or exist;
(5) Enforce this chapter and take all necessary steps to remedy any condition found in violation by ordering in writing the discontinuance of illegal uses or illegal work in progress, and to institute injunction, mandamus or other appropriate action; and
(6) Keep the Planning Board/Zoning Board of Adjustment advised of all matters other than routine duties pertaining to the enforcement of this chapter and transmit all applications and records pertaining to permits, appeals, special uses, and variances as needed.
(B) No staff member shall make a final decision on an administrative decision required by 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 conflict of interest under G.S. § 160D-109, the decision shall be assigned to the supervisor of the staff person or such other staff person as may be designated.
(C) No staff member shall have a financial interest or be 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 a local government to provide staff support shall engage in any work that is inconsistent with his or her duties or with the interest of the local government, as determined by the local government.
(Ord. passed 2-20-2012; Ord. passed 3-17-2014; Ord. passed - -2022)
§ 155.240 LEGISLATIVE AUTHORITY AND MEMBERSHIP.
(A) The town’s Planning Board shall be comprised of five members and two alternates appointed by the Town Board of Commissioners, with all members and alternates being residents from within the municipal boundaries of the Town of Spindale. Each member must take an oath of office before starting his or her duties as required by G.S. § 160D-309. G.S. § 160D-301 authorizes the Planning Board to perform the following duties:
(1) Prepare, review, maintain, monitor and periodically update and recommend to the governing board a comprehensive plan, and such other plans as deemed appropriate, and conduct ongoing related research, data collection, mapping, and analysis;
(2) Facilitate and coordinate citizen engagement and participation in the planning process;
(3) Develop and recommend policies, ordinances, development regulations, administrative procedures, and other means for carrying out plans in a coordinated and efficient manner;
(4) Advise the Board of Commissioners concerning the implementation of plans, including but not limited to, review and comment on all zoning text and map amendments as required by G.S. § 160D-604;
(5) Exercise any functions in the administration and enforcement of various means for carrying out plans that the Board may direct;
(6) Provide a preliminary forum for review of quasi-judicial decisions, provided that no part of the forum or recommendation may be used as a basis for the deciding board; and
(7) Perform any other related duties that the Commissioners may direct.
(B) The town’s Planning Board shall elect a Chairperson and a Vice-Chairperson from its members who shall serve for one year, until re-elected, or until their successors are elected. The Planning Board shall appoint a secretary, whom maybe a municipal officer, an employee of the town, or a member of the Board.
(Ord. passed 2-20-2012; Ord. passed 3-17-2014; Ord. passed - -2022)
§ 155.241 RULES.
The Planning Board shall adopt rules and by-laws in accordance with the provisions of this chapter and of G.S. § 160D-301. Meetings of the Board shall be held either on the first Tuesday of each month, or called when needed.
(Ord. passed 2-20-2012; Ord. passed 3-17-2014; Ord. passed - -2022)
§ 155.242 SPECIFIC AUTHORITY AND DUTIES.
(A) The Planning Board shall have the specific authority to make the following recommendations to the town’s Board of Commissioners regarding the zoning regulations and official zoning map:
(1) Recommend amendments to the zoning regulations;
(2) Recommend amendments to the official zoning map;
(3) Issue a statement upon each recommendation that the proposal is either consistent with, or not consistent with any comprehensive plan that has been adopted and any other officially adopted plan that is applicable;
(4) Review and take action on preliminary subdivision plats as described under town code of ordinances, Chapter 154, Subdivision Regulations; and
(5) Any related duty that the Board of Commissioners deem necessary.
(B) Advertising shall follow general statutes regarding amendments to the official zoning regulations and/or map. Before making their recommendation to the Board of Commissioners, the Planning Board may review each application for no more than 30 days from receipt of same at the meeting where the matter is introduced. If after 30 days the Planning Board has not rendered a recommendation, the Board of Commissioners may proceed with consideration and/or action.
(Ord. passed 2-20-2012; Ord. passed 3-17-2014; Ord. passed - -2022)
§ 155.255 LEGISLATIVE AUTHORITY AND GENERAL REQUIREMENTS FOR QUASI-JUDICIAL HEARINGS AND DECISIONS.
(A) G.S. Ch. 160D, Art. 7 authorizes the Zoning Board of Adjustment to hear and decide special use permits, requests for variances and appeals of decisions of administrative officials charged with enforcement of the Spindale Zoning Ordinance. As used in this section, the term DECISION includes any final and binding order, requirement or determination. The Board of Adjustment shall follow quasi-judicial procedures when deciding appeals and requests for variances and special use permits. The respective Board shall hear and decide all matters upon which it is required to pass under any statute or ordinance that regulates land use or development.
(B) A quasi-judicial decision is a process that involves the finding of facts regarding a specific application of an ordinance and the exercise of discretion when applying the standards of the chapter. As a result the following standard procedures for conduct of quasi-judicial hearings shall be incorporated as appropriate, regardless of which Board is involved in the decision.
(1) Contact with decision-making Board members. Contact with any members of a decision-making Board prior to the public hearing by any individual regarding the matter must be disclosed.
(2) All participants to be sworn in. All participants in the public hearing shall be duly sworn in prior to the submission of any testimony. A participant may choose to affirm instead of being sworn.
(3) Competent evidence required. All decisions shall be based on competent evidence entered in as part of the record. The term COMPETENT EVIDENCE, as used in this division (B)(3), shall not preclude reliance by the decision-making Board on evidence that would not be admissible under the rules of evidence as applied in the trial division of the General Court of Justice if:
(a) The evidence was admitted without objection; or
(b) The evidence appears to be sufficiently trustworthy and was admitted under such circumstances that it was reasonable for the decision-making Board to rely upon it. The term COMPETENT EVIDENCE, as used in this division (B)(3)(b), shall not be deemed to include the opinion testimony of lay witnesses as to any of the following:
1. The use of property in a particular way affects the value of other property;
2. The increase in vehicular traffic resulting from a proposed development poses a danger to the public safety; and
3. Matters about which only expert testimony would generally be admissible under the rules of evidence.
(4) Cross-examination of witnesses. The cross-examination of witnesses submitting testimony shall be permitted upon request.
(Ord. passed 2-20-2012; Ord. passed 3-17-2014; Ord. passed - -2022)
§ 155.256 MEMBERSHIP, VOTING REQUIREMENTS AND RULES.
(A) Membership. The Zoning Board of Adjustment and Appeals shall be comprised of five members and two alternates appointed by the Town Board of Commissioners, with all members and alternates being residents from within the municipal boundaries of the town. Each member must take an oath of office before starting his or her duties.
(B) Voting requirements. 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 section, vacant positions on the Board and members who are disqualified from voting on a quasi-judicial matter under G.S. § 160D-109(d) 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.
(C) Rules. The Zoning Board of Adjustment and Appeals shall elect a Chair and a Vice-Chair from its members who shall serve for one year, until re-elected, or until their successors are elected. The Board shall appoint a clerk, who may be a municipal officer, an employee of the town, or a member of the Board.
(1) By-laws. The Board shall adopt by-laws in accordance with the provisions of this chapter and of G.S. § 160D-302 and G.S. § 160D-308.
(2) Meetings. Meetings of the Board shall be held either on the first Tuesday of each month, at the call of the Chair, or at such times as the Board may determine. The Chair, or in his or her absence, the Vice-Chair, may administer oaths and compel the attendance of witnesses by subpoena. All meetings of its proceedings, showing the vote of each member upon each fact; and the final disposition of appeals shall be by recorded resolution indicating the reasons of the Board therefore, all of which shall be kept as public record.
(3) Application. An application to the Board of Adjustment pursuant to the terms of this subchapter must be received by the Zoning Administrator or Town Manager at least 30 days prior to the date of a Board of Adjustment meeting in order to be scheduled for such meeting.
(4) Notice of hearings. 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 the town’s zoning regulations. 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. For the purposes of this section, abutting property owners include those whose property is located across a right-of-way. Such notice shall state the location of the building or lot, the general nature of the question involved in the appeal, and the time and place of the hearing. 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.
(G.S. § 160D-406(b))
(5) Member participation. A member of any Board 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, business, or other associational relationship with an affected person, or a financial interest in the outcome of the matter. In such case, the Board member shall advise the Chair in open session after call of the matter that he or she has a conflict of interest and an alternate shall be called by the Chair to replace him or her. If no alternate is available, the seat shall be declared vacant for the purposes of the vote of the particular matter at issue. If an objection is raised to a member’s participation and that member does not recuse himself or herself, the remaining members shall by majority vote rule on the objection. No member shall accept any gift, favor or thing of value that may tend to influence the member in the discharge of duties. No member shall grant any improper favor, service or thing of value in the discharge of duties.
(6) Quasi-judicial decisions and judicial review.
(a) 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. A quasi-judicial decision is effective upon filing the written decision with the clerk to the Board or such other office or official as the regulations specify. The decision of the Board 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.
(b) Every quasi-judicial decision shall be subject to review by the superior court by proceedings in the nature of certiorari pursuant to G.S. § 160D-1402. A petition for review shall be filed with the clerk of superior court by the later of 30 days after the decision is effective or after a written copy thereof is given in accordance with division (C)(4) above. When first-class mail is used to deliver notice, three days shall be added to the time to file the petition.
(7) 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 willfully swears falsely, while under oath during a proceeding before the Board of Adjustment, is guilty of a Class 1 misdemeanor.
(8) Subpoenas. The Board of Adjustment 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, persons with standing under G.S. § 160D-1402(d) 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 appealed to the full Board of Adjustment. If a person fails or refuses to obey a subpoena issued pursuant to this division (C)(8), the Board of Adjustment 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.
(9) Expiration of permits. Unless otherwise specified, any order or decision of the Board granting a special use permit or a variance shall expire if the applicant does not obtain a building permit or certificate of occupancy for such use within six months from the date of the decision.
(Ord. passed 2-20-2012; Ord. passed 3-17-2014; Ord. passed - -2022)
§ 155.257 SPECIFIC AUTHORITY AND DUTIES.
(A) Appeals. The Board of Adjustment shall hear and decide appeals from administrative decisions regarding administration and enforcement of the town’s zoning regulations and may hear appeals arising out of any other ordinance that regulates land use or development.
(1) Any person who has standing under G.S. § 160D-1402(d) or the town may appeal a decision to the Board of Adjustment. An appeal is taken by filing a notice of appeal with the Town Clerk. The notice of appeal shall state the grounds for the appeal.
(2) The official who made the decision shall give written notice to the owner of the property that is the subject of the decision and to the party who sought the decision, if different from the owner. The written notice shall be delivered by personal delivery, electronic mail or by first-class mail.
(3) 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.
(4) It shall be conclusively presumed that all persons with standing to appeal have constructive notice of the decision from the date a sign containing the words “Zoning Decision” or “Subdivision Decision” in letters at least six inches high and identifying the means to contact an official for information about the decision is prominently posted on the property that is the subject of the decision, provided the sign remains on the property for at least ten days. Posting of signs is not the only form of constructive notice. Any such posting shall be the responsibility of the landowner or applicant. Verification of the posting shall be provided to the official who made the decision. Absent an ordinance provision to the contrary, posting of signs shall not be required.
(5) The official who made the decision shall transmit to the Board all documents and exhibits constituting the record upon which the decision appealed from is taken. The official shall also provide a copy of the record to the appellant and to the owner of the property that is the subject of the appeal if the appellant is not the owner.
(6) An appeal of a notice of violation or other enforcement order stays enforcement of the action appealed from and accrual of fines assessed unless the official who made the decision certifies to the Board of Adjustment 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 shall not be 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 of Adjustment shall meet to hear the appeal within 15 days after such a request is filed. Notwithstanding the foregoing, appeals of decisions granting a development approval or otherwise affirming that a proposed use of property is consistent with the development regulation shall not stay the further review of an application for development approvals to use such property; in these situations the appellant or local government may request and the Board may grant a stay of a final decision of development approval applications or building permits affected by the issue being appealed.
(7) Subject to the provisions of division (A)(6) above, the Board of Adjustment shall hear and decide the appeal within a reasonable time.
(8) The official who made the decision shall be present at the hearing as a witness. The appellant shall not be limited at the hearing to matters stated in the 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. The Board of Adjustment 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.
(9) When hearing an appeal pursuant to G.S. § 160D-947(e) or any other appeal in the nature of certiorari, the hearing shall be based on the record below and the scope of review shall be as provided in G.S. § 160D-1402(k).
(10) The parties to an appeal that has been made under this division (A) may agree to mediation or other forms of alternative dispute resolution. The ordinance may set standards and procedures to facilitate and manage such voluntary alternative dispute resolution.
(B) Issuance of special use permits.
(1) The Board of Adjustment may hear and decide special use permits in accordance with procedures specified in the chapter. Reasonable and appropriate conditions may be imposed upon these permits.
(2) When issuing special use permits, the Board shall require both:
(a) The general findings set forth in § 155.170 that apply to any application for a special use permit; and
(b) Specific findings that apply only to the specified use applied for.
(3) Notice of hearings on special use permit applications shall be as provided in G.S. § 160D-406 or as in § 155.256(C)(4) of this chapter.
(C) Variances.
(1) When unnecessary hardship would result from carrying out the strict letter of a zoning regulations, the Board of Adjustment shall vary any of the provisions of the chapter upon a showing of all of the following:
(a) Unnecessary hardship would result from the strict application of the regulations. It shall not be necessary to demonstrate that, in the absence of the variance, no reasonable use can be made of the property;
(b) The hardship results from conditions that are peculiar to the property, such as location, size or topography. Hardships resulting from personal circumstances, as well as hardships resulting from conditions that are common to the neighborhood or the general public, may not be the basis for granting a variance;
(c) The hardship did not result from actions taken by the applicant or the property owner. The act of purchasing property with knowledge that circumstances exist that may justify the granting of a variance shall not be regarded as a self-created hardship; and
(d) The requested variance is consistent with the spirit, purpose and intent of the ordinance, such that public safety is secured, and substantial justice is achieved.
(2) No change in permitted uses may be authorized by variance. Appropriate conditions may be imposed on any variance, provided that the conditions are reasonably related to the variance. Any other ordinance that regulates land use or development may provide for variances consistent with the provisions of this division (C).
(Ord. passed 2-20-2012; Ord. passed 3-17-2014; Ord. passed - -2022)
§ 155.270 ZONING PERMITS, GENERAL.
(A) No building, sign or other structure shall be erected, moved, added to, structurally altered, demolished or the use thereof changed until a zoning permit is issued by the administrative official. No zoning permit shall be issued except in conformity with the provisions of this chapter, except after written order from the Zoning Board of Adjustment. All permits shall be provided in writing. Applications for permits must be made by a person with a property interest in the property or a contract to purchase the property on which the development is proposed.
(B) Permits for individual dwellings and appurtenant projects may not be issued without submission of a site plan or a parcel sketch, showing the location and size of the project on the parcel. This shall in no way preclude the requirement for subdivision site-plan approval under town code of ordinances, Chapter 154, Subdivision Regulations or § 155.146, Manufactured Home Parks.
(C) To apply for a non-residential zoning permit, an applicant shall submit to the Zoning and Subdivision Administrator a zoning permit application and a duplicate set of site plans drawn to scale which indicate the following:
(1) The shape and dimensions of the lot on which the proposed building or use is to be erected or conducted;
(2) The location of the lot with respect to adjacent rights-of-way, zoning, land uses and the like;
(3) The shape, dimensions and location of all buildings, existing and proposed on the lot;
(4) The nature of the proposed use of the building or land, including the extent and location of the use on the lot;
(5) The location and dimensions of off-street parking and loading space and the means of ingress and egress to such space; and
(6) Any other information which the administrative official may deem necessary for the consideration in enforcing the provisions of this chapter. A careful record of such an application and plats shall be kept in the office of the Zoning Administrator.
(D) If the proposed building or use conforms to the provisions of this chapter, a zoning permit shall be issued to the applicant by the administrative official, along with one set of site plans on which shall be indicated the approval of the administrative official. The remaining set of site plans and a copy of the zoning permit shall be filed in the office of the Zoning and Subdivision Administrator. Subsequent building location and construction shall conform to the plans approved at the time of the zoning permit issuance.
(E) If the zoning permit is denied, the applicant may appeal the action of the Zoning and Subdivision Administrator to the Zoning Board of Adjustment.
(Ord. passed 2-20-2012; Ord. passed 3-17-2014; Ord. passed - -2022)
§ 155.271 DEMOLITION PERMITS.
(A) A demolition permit shall be required for any structure 250 square feet or greater in size. All applications for demolition permits shall be accompanied by a demolition plan containing the signature of the property owner, who shall be ultimately responsible for compliance with this chapter and the approved demolition plan.
(B) Such plan shall be binding upon subsequent property owners and shall require the following:
(1) Proof of the applicant’s having obtained all the necessary permits from the North Carolina Department of Environment and Natural Resources and/or the North Carolina Department of Health and Human Services;
(2) Removal of all mowing obstructions, construction debris and materials, and removal of all structural foundations. Upon completion of demolition and with the exception of any state and federal environmental regulations to the contrary, no demolition materials may be left on-site prior to the redevelopment of the subject property. “Redevelopment” shall not include storage, for business or non-business purposes, of demolition materials generated on the subject property;
(3) For single- and two-family residential projects, removal of such materials within 14 days of the removal of the structure(s);
(4) Upon demolition, sewer line must be satisfactorily capped off by the property owner and/or contractor and inspected by the town’s Public Works Department;
(5) Paved parking area may be retained on site, although the property owner is required to maintain such areas so they do not detract from the overall appearance of the property;
(6) Upon demolition, the lot where the demolition has occurred shall be sodded or hydroseeded with a silt fence installed to prevent and eliminate erosion. This silt fence must be maintained in place until the lot has a vegetative cover of at least 70%. Any resulting holes (e.g., from basement levels) must be filled and returned to normal grade;
(7) Deadline for completion of the demolition;
(8) A description of the applicant’s plans for ongoing post-demolition maintenance of the lot so that the condition of that lot does not rise to the level of a public nuisance as defined in § 90.02 of this code of ordinances;
(9) All applications for demolition permits shall be accompanied by payment of a secure bond in the form of cash, certified check, cashier’s check or surety bond according to the size of project as noted within the current town’s Schedule of Fees as approved by the Board of Commissioners. Bonds shall be based upon square footages identified on the official tax cards of Rutherford County. Any bond in the form of cash or certified/cashier’s check will be refunded within 30 days upon satisfactory completion and inspection of the subject property by the Zoning and Subdivision Administrator or his or her designee;
(10) Failure on the part of the property owner or his or her contractor to completely demolish, remove and clear the premises as stipulated in the demolition plan after 30 days’ notice by the Zoning and Subdivision Administrator shall be cause for forfeiture of the bond;
(11) Structures greater than 10,000 square feet and sectional demolition.
(a) In the case of individual structures greater than 10,000 square feet, subsections thereof may be bonded and demolished individually provided that these subsections are bounded by intact firewalls. A performance bond based upon square-footage unit cost shall be posted for each subsection demolished, regardless of that subsection’s size. Bond amount shall be determined by the cumulative square footage per story within the structure.
(b) Each permitted section of demolition shall require a performance bond from either:
1. Any bond company rated B+ or greater by A.M. Best; or
2. Cash or cashier’s check to be deposited and held by the town until the project is completed. Outlying and unattached structures less than 10,001 square feet located on the same parcel may be bonded according to the applicable per structure rates within the town’s Fee Schedule as approved annually by the Board of Commissioners. All bond amount schedules shall be specified in the town’s Fee Schedule.
(12) Administration of subsectional demolition.
(a) Bond shall not be released until all material generated by that section’s demolition has been removed from the property. Bond for the final section on a parcel shall be held until the entire parcel is graded, sodded and finished according to the terms of this chapter.
(b) While complete foundation removal is required as noted under division (B)(2) above, the entire foundation may be scheduled up front in the approved demolition plan as the one single, final section in cases where complete removal at once is most practical for the developer. In such case, the town shall retain one-third of every previous section’s bond amount to serve as bond on the final section.
(13) In addition to posting bond according to the terms of this chapter, the applicant shall pay inspection fees to the town as set forth in the town’s annual Fee Schedule. The Zoning and Subdivision Administrator or his or her designee shall conduct random inspections and have the authority to issue an immediate stop-work order if the terms of this chapter and the project’s demolition plan are not met;
(14) Demolition activity shall be prohibited from sunset to sunrise, Eastern Standard Time, and all day on Sundays; and
(15) Failure to comply with the provisions of this section shall subject the violator to penalties, enforcement and abatement as provided in § 10.99 of this code of ordinances.
(Ord. passed 2-20-2012; Ord. passed 3-17-2014; Ord. passed - -2022)
§ 155.272 AMENDMENTS TO THE ZONING ORDINANCE AND MAP.
The Board of Commissioners may amend the text regulations and map district lines according to the following procedures.
(A) Applicant.
(1) Initiation of amendments. Proposed changes or amendments may be initiated by the Board of Commissioners, Planning Board, Board of Adjustment or by one or more owners of property within the area proposed to be changed or affected.
(2) Application. An application for any amendment shall contain a description or statement of the present and proposed zoning regulation or district boundary to be applied, the names and addresses of the owner or owners of the adjacent property to the lot in question, and the use of each adjacent property. The application shall be filed with the Zoning and Subdivision Administrator not later than 30 days prior to the Planning Board’s meeting at which the application is to be considered.
(3) Fee. A fee shall be paid to the town for each application for an amendment, to cover the costs of advertising and other administrative expenses involved.
(B) Planning Board review and recommendation. The Planning Board shall consider and make recommendations to the Board of Commissioners concerning each proposed zoning amendment. The Planning Board may hold separate public hearings or may sit concurrently with the public hearing held by the Board of Commissioners. The Planning Board’s procedure for advertising public hearings will follow those used by the Board of Commissioners enumerated in division (C) below.
(1) Planning Board reviews. Subsequent to initial adoption of a zoning ordinance, all proposed amendments to the zoning ordinance or zoning map shall be submitted to the Planning Board for review and comment. If no written report is received from the Planning Board within 30 days of referral of the amendment to that Board, the Board of Commissioners may proceed in its consideration of the amendment without the Planning Board report. The Board of Commissioners is not bound by the recommendations, if any, of the Planning Board.
(2) Planning Board conflict of interest. Members of appointed boards providing advice to the Board of Commissioners shall not vote on recommendations regarding any zoning map or text amendment where the member has a close familial, business or other associational relationship to the applicant or the outcome of the matter being considered is reasonably likely to have a direct, substantial and readily identifiable financial impact on the member. More information can be found in the Planning Board Rules of Procedure.
(3) Statement of consistency. The Planning Board shall advise and comment on whether the proposed amendment is consistent with any comprehensive plan that has been adopted and any other officially adopted plan that is applicable. The Planning Board shall provide a written recommendation to the Board of Commissioners that addresses plan consistency and other matters as deemed appropriate by the Planning Board, but a comment by the Planning Board that a proposed amendment is inconsistent with the comprehensive plan shall not preclude consideration or approval of the proposed amendment by the Board of Commissioners.
(C) Board of Commissioners. Before taking such lawful action as it may deem advisable, the Board of Commissioners shall consider the Planning Board’s recommendations on each proposed zoning map or text amendment. As stated in § 155.257, if no written statement or report of the map or text amendment is forwarded from the Planning Board within 30 days of referral, the Board of Commissioners may take action.
(1) Notice of public hearing.
(a) No amendment shall be adopted by the Board of Commissioners until after public notice and hearing. Notice of the public hearing shall be published in a newspaper of general circulation in the town at least once each week for two successive weeks prior to the hearing. The first notice of public hearing shall not appear less than ten days nor more than 25 days prior to the public hearing.
(b) In the case of zoning map amendments, notice of the public hearing regarding the zoning map amendment shall be mailed by first class mail to all adjoining/abutting property owners. The first-class mail notice shall not be required if the zoning map amendment directly affects more than 50 properties, owned by a total of at least 50 different property owners, and the town elects to use the expanded published notice provided for in this division (C). In this instance, the town may elect to either make the mailed notice provided for in this division (C), or may as an alternative elect to publish notice of the hearing as required by G.S. § 160D-1405, but 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 which 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 the mailed notice enumerated in this division (C)(1).
(c) When a zoning map amendment is proposed, the town shall prominently post a notice of the public hearing on the site proposed for rezoning or on an adjacent public street or highway right-of-way. 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 groups.
(2) Governing Board conflict of interest. A Board of Commissioners member shall not vote on any zoning map or text amendment where the outcome of the matter being considered is reasonably likely to have a direct, substantial and readily identifiable financial impact on the member.
(3) Board of Commissioner statement.
(a) Prior to adopting or rejecting any zoning amendment, the Board of Commissioners shall adopt a statement describing whether its action is consistent with an adopted comprehensive plan and explaining why the Board considers the action taken to be reasonable and in the public interest. For zoning map amendments, the Board of Commissioners shall adopt a statement of reasonableness.
(b) The statement of reasonableness may consider, among other factors:
1. The size, physical conditions and other attributes of any area proposed to be rezoned;
2. The benefits and detriments to the landowners, the neighbors and the surrounding community;
3. The relationship between the current actual and permissible development and the development permissible under the proposed amendment;
4. Why the action taken is in the public interest; and
5. Any changed conditions warranting the amendment.
(c) If a zoning amendment qualifies as a large scale rezoning under G.S. § 160D-602(b), the governing board statement on reasonableness may address the overall rezoning.
(4) Reconsideration of case. The Board of Commissioners will not reconsider a similar case for a period of 12 months.
(Ord. passed 2-20-2012; Ord. passed 3-17-2014; Ord. passed - -2022)
§ 155.285 OFFICIALS.
(A) It is the intention of this chapter that all questions arising in connection with the enforcement of this chapter shall be presented first to the Zoning and Subdivision Administrator and that such questions shall be presented to the Zoning Board of Adjustment only on appeal from the Zoning and Subdivision Administrator. From the decision of the Zoning Board of Adjustment, recourse shall be had to courts as provided by law.
(B) It is further the intention of this chapter that the duties of the Board of Commissioners in connection with this chapter shall not include the hearing and passing upon disputed questions that may arise in connection with the enforcement thereof. The duties of the Board of Commissioners shall be the action upon any proposed amendments or repeal of this chapter.
(Ord. passed 2-20-2012; Ord. passed 3-17-2014; Ord. passed - -2022)
§ 155.286 REMEDIES.
In case any building or structure is erected, constructed, reconstructed, demolished, altered, repaired, converted or maintained, or any building or land is used in violation of this chapter, the Zoning and Subdivision Administrator or any other appropriate town authority or any person who would be damaged by such violation, in addition to other remedies, may institute an action for injunction, mandamus or other appropriate action or proceeding to prevent or abate such violation.
(Ord. passed 2-20-2012; Ord. passed 3-17-2014; Ord. passed - -2022)
§ 155.999 PENALTY.
(A) The owner or tenant of any building, structure, premises or part thereof, or any architect, builder, contractor, agent or other person who commits, participates in, assists in or maintains such violation may be found guilty of a separate offense and be subject to the penalties herein provided in § 10.99, General Penalty of this code of ordinances.
(B) Violation of any provision of § 155.143 shall subject the offender to a civil penalty in the amount of $50 to be recovered by the town. Violators shall be issued a written citation which must be paid within 72 hours. Each day’s continuation violation of this chapter shall be a separate and distinct offense.
(C) A developer of a manufactured home park or other person violating § 155.146 may be subject to a civil penalty, under G.S. § 160A-175(c), of $100. No penalty shall be assessed prior to notice to the manufactured home park developer. For every day a developer is in violation of this § 155.146, it may be considered a separate offense. If the violator does not pay such a penalty within 30 days of notification of its assessment by written citation, it may be recovered by the town in a civil action in the nature of a debt. The developer may contest said penalty in the court of appropriate jurisdiction.
(Ord. passed 2-20-2012; Ord. passed 3-17-2014; Ord. passed - -2022)