Swansboro City Zoning Code
ADMINISTRATIVE MECHANISMS
§ 152.030 BOARD OF ADJUSTMENT.
(A) Creating the Board of Adjustment. The Swansboro hereby establishes a and provides for the appointment of the consisting of five regular members and two alternate members. Alternate members may serve in the absence or temporary disqualification of any regular member or to fill a vacancy pending appointment of a member. Alternate members are expected to attend and participate in all meetings of the board when required. Four of the regular members and one of the alternate members must be bonafide residents of the Town of Swansboro, residing within the corporate limits of the town. One of the regular members and one of the alternate members must be a bonafide resident of the town’s extraterritorial zoning jurisdiction (
) area as set out in § 152.004 as it presently exists or may be hereafter amended. Insofar as possible, members shall be appointed from different areas within the zoning jurisdiction. All members shall have equal rights, privileges, and duties with the other members regardless of whether the matters at issue arise within the town limits or within the
. All appointments to the shall be for three years. Members shall have no limitation placed on the number of consecutive terms they may hold. The may request termination of a member at their privilege and reappoint or not reappoint members.
(B) Meetings. The Board shall elect one of its members as Chairman and another as Vice-Chairman who shall serve for one year. The shall select a secretary who may or may not be a member of the , but may be an employee of the town. The Board shall draw up and adopt the rules of procedures under which it will operate. Meetings of the Board shall be held at the call of the Chairman and at such other times as the Board may determine. The Chairman, or in his or her absence, the Acting Chairman, may administer oaths and compel the attendance of witnesses. All meetings of the Board shall be open to the public. However, the Board may meet in executive session to vote on each case. The Board shall keep minutes of its proceedings, showing the vote of each member upon every question, or his or her absence or failure to vote, indicating such fact, and also keep records of its examination and any other official action.
(C) Reserved.
(D) Power and duties. The
shall have the following powers and duties and shall hear and decide all matters upon which it is required to pass under any statute or
.
(1) To hear and decide where it is alleged by the appellant that there is error in any decision made by the
or other administrative officials in the carrying out or enforcing of any provision of the ordinance, and to hear and decide requests for when it is alleged that carrying out the strict letter of the ordinance would result in practical difficulties or unnecessary hardships. An may be taken by any
aggrieved or by an official, department, board, or bureau of the town.
(2) No change in permitted uses may be authorized by .
(3) To authorize upon in specific cases such from the terms of this chapter as will not be contrary to the public interest where, owing to special conditions, a literal enforcement of the provisions of this chapter would result in unnecessary hardship. In granting any , the Board may prescribe appropriate conditions and safeguards in conformity with this chapter.
(4) A member of the Board shall not participate in or vote on any quasi-judicial matter in a manner that would violate affected ’ 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
, business, or other associational relationship with an affected ; 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 a particular matter and that member does not recuse himself or herself, the remaining members shall by majority vote rule on the objection.
(5) The Board shall determine contested facts and make its decision within a reasonable time. Every
shall be based upon competent material and substantial evidence in the record. Each
shall be reduced in writing and reflect the Board’s
of contested facts and their application of applicable standards.
Every
of the Board shall be subject to review by the superior court by proceedings in the nature of certiorari pursuant to
G.S. § 160D-1402.
.
(E) from the
decision. An from the decision of the may be made to the Onslow County Superior Court within 30 days after the decision has been rendered in writing of the concise statement the Board took and why. This document can then be served on the parties and filed in the appropriate county or town , thereby commencing the running of the 30-day period.
(Ord. 2005-O3, passed 3-15-2005; Am. Ord. 2006-11, passed 4-18-2006; Am. Ord. passed 3-20-2007; Am. Ord. passed 6-16-2009; Am. Ord. 2010-O6, passed 2-16-2010; Am. Ord. 2010-O20, Am. Ord. passed 7-20-2010; Am. Ord. 2012-O9, passed 8-21-2012; Am. Ord. passed
1-21-2014; Am. Ord. 2021-O3, passed 5-24-2021)
§ 152.031 LAND USE ADMINISTRATOR.
(A) Except as otherwise specifically provided, primary responsibility for administering and enforcing this chapter may be assigned by the Town Manager to one or more individuals. The
or persons to whom these functions are assigned shall be referred to as the “land use administrator” or “administrator”.
(B) Duties assigned to staff may include, but are not limited to, drafting and implementing plans and development regulations; determining whether applications for
s are complete; receiving and processing applications for development approvals; providing notices of applications and hearings; making decisions and determinations regarding
implementation; determining whether applications for
s meet applicable standards as established by law and local ordinance; conducting inspections; issuing or denying certificates of compliance or occupancy; enforcing
s, including issuing notices of violation, orders to correct violations, and recommending bringing judicial actions against actual or threatened violations; keeping adequate records; and any other actions that may be required in order adequately to enforce the laws and
s.
(C) No staff member shall make a final
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
, business, or other associational relationship. If a staff member has a conflict of interest, the decision shall be assigned to the supervisor of the staff person or such other staff person as may be designated by the
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 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 town.
(Ord. 2005-O3, passed 3-15-2005; Am. Ord. 2021-O3, passed 5-24-2021)
§ 152.032 THE BOARD OF COMMISSIONERS.
(A) The
shall have the following powers and duties to be carried out in accordance with these regulations which include, but are not limited to, the following:
(1) To initiate and make amendments to the text of these regulations and to the zoning maps;
(2) To hear, review, and adopt or reject amendments to the text of these regulations and to the zoning maps;
(3) To hear, review, and act on requests for zoning
s;
(4) To take such other action not delegated to the
or
as the
may deem desirable and necessary to implement the provisions of these regulations; and
(5) To adopt temporary moratoria on any
required by law except for the purpose of developing and adopting new or amended plans or
s governing residential uses.
(6) The shall hear and decide on conditional zoning district requests.
(7) Unless otherwise specifically provided in this chapter, in acting upon conditional zoning district requests or in considering amendments to this chapter or the zoning map, the shall follow the regular voting and other requirements as set forth in other provisions of the town code.
(8) The shall hear all variances related to subdivisions.
(9) (a) A member shall not vote on any legislative decision regarding a
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, a member shall not vote on any zoning amendment if the landowner of the property subject to a rezoning petition or the applicant for a text amendment is a person with whom the member has a
, business, or other associational relationship.
(b) When the exercises quasi-judicial functions, no member shall 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
, business, or other associational relationship with an affected person, or a financial interest in the outcome of the matter.
(c) 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 to rule on the objection.
(10) (a) When adopting or rejecting any zoning text or map amendment, the shall approve a brief statement describing whether its action is consistent or inconsistent with an adopted
. The plan consistency statement is not subject to judicial review.
(b) The requirement for a plan consistency statement may also be met by a clear indication in the minutes of the that at the time of action on the amendment the Board was aware of and considered the Planning Board’s recommendations and any relevant portions of an adopted
.
(c) 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.
(d) If a zoning map amendment qualifies as a “large-scale rezoning” under G.S. § 160D-602(b), the 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.
(11) (a) 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 . This statement of reasonableness may consider, among other factors:
1. The size, physical conditions, and other attributes of the 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 on the tract and adjoining areas and the development that would be permissible under the proposed amendment;
4. Why the action taken is in the public interest; and
5. Any changed conditions warranting the amendment.
(b) If a zoning map amendment qualifies as a “large-scale rezoning” under G.S. § 160D-602(b), the statement on reasonableness may address the overall rezoning.
(c) The statement of reasonableness and the plan consistency statement required by this section may be approved as a single statement.
(Ord. 2005-O3, passed 3-15-2005; Am. Ord. 2006-11, passed 4-18-2006; Am. Ord. 2010-O20, 7-20-2010; Am. Ord. 2014-O9, passed 4-15-2014; Am. Ord. 2021-O3, passed 5-24-2021)
§ 152.033 THE PLANNING BOARD.
(A) The
do hereby create a
under the authority of G.S. §
160D-301.
(1) The Swansboro
hereinafter referred to as the “
” shall have the authority to create and amend its own Rules and Procedures subject to the
review for comments at any time by an affirmative vote of a majority of the members of the
, provided that such amendment shall have first been presented to the membership in writing at a regular or special meeting.
(2) The
shall consist of seven members, five of whom shall be bonafide residents of the Town of Swansboro and two whom shall be bonafide residents of the “Area of
” of the Town of Swansboro hereinafter known as the “”. Representatives of the shall be appointed by the Onslow County Board of Commissioners. The Swansboro
shall by resolution request that these appointments be made. If within 90 days after receiving a resolution, an appointment has not been made, then the Swansboro
may make the appointment.
(3) Appointments shall be for staggered terms with all subsequent appointments being for three year terms. Should a vacancy occur, an appointment will be made to complete the unexpired term. Members shall have no limitation placed on the number of consecutive terms they may hold. The
may request termination of a member at their privilege and reappoint or not reappoint members.
(4) All members shall have equal rights, privileges, and duties with the other members regardless of whether the matters at issue arise within the town limits or within the .
(5) A quorum of the appointed members shall be the number needed to hold a meeting. A quorum is considered a majority of the members currently serving on the Board.
(6) Powers and duties of the
shall consist of:
(a) To prepare, review, maintain, monitor, and periodically update and recommend to the
a
, and such other plans as deemed appropriate, and conduct ongoing related research, data collection, mapping, and analysis.
(b) To facilitate and coordinate citizen engagement and participation in the planning process;
(c) Develop and recommend policies, ordinances,
s, administrative procedures, and other means for carrying out plans in a coordinated and efficient manner;
(d) Advise the
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;
(e) Exercise any functions in the administration and enforcement of various means for carrying out plans that the
may direct;
(f) To provide a preliminary forum for review of s, provided that no part of the forum or recommendation may be used as a basis for the deciding board; and
(g) Perform any other related duties that the
may direct.
(7) The
may conduct such public hearings as may be required to gather information necessary for the drafting, establishment and maintenance of the Comprehensive and Land Use plans, Zoning Ordinance, Subdivision Ordinance, or other studies the
deems necessary.
(B) Rules of conduct. Members of the Board may be removed for cause, including violation of any rule stated below.
(1) Faithful attendance at all meetings of the Board and conscientious performance of the duties required of members of the Board shall be considered a prerequisite of continuing membership on the Board.
(2) (a) No Board member shall vote on any advisory or legislative decision regarding a
where the outcome of the matter being considered is reasonably likely to have a direct, substantial, and readily identifiable financial impact on the member. An appointed Board member shall not vote on any zoning amendment if the landowner of the property subject to a rezoning petition or the applicant for a text amendment is a person with whom the member has a
, business, or other associational relationship.
(b) 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 to rule on the objection.
(3) No Board member shall discuss any case with any parties thereto prior to the meeting on that case; provided however, that members may receive and/or seek information pertaining to the case from any other member of the Board, or staff prior to the meeting. Board members shall disclose publicly any contact made by any party to a matter before the Board.
(4) Members of the Board shall not express individual opinions on the proper judgment of any case with any parties thereto prior to the Board’s of that case. Violation of this rule shall be cause for dismissal from the Board.
(5) Members shall serve at the pleasure of the
.
(C)
review and comment.
(1) Initial zoning.
(a) The
shall prepare or shall review and comment upon a proposed zoning regulation, including the full text of such regulation and maps showing proposed district boundaries. The Planning Board may hold public meetings and legislative hearings in the course of preparing the regulation. Upon completion, the Planning Board shall make a written recommendation regarding adoption of the regulation to the
.
(b) The
shall not hold its required hearing or take action until it has received a recommendation regarding the regulation from the
. Following its required hearing, the Board of Commissioners may refer the regulation back to the Planning Board for any further recommendations that the Board may wish to make prior to final action by the
in adopting, modifying and adopting, or rejecting the regulation.
(2) Zoning amendments. Subsequent to initial adoption of a zoning regulation, all proposed amendments to the zoning regulation or zoning map shall be submitted to the
for review and comment. If no written report is received from the Planning Board within 30 days of referral, the
may act on the amendment without the Planning Board report. The Board of Commissioners is not bound by the recommendations, if any, of the Planning Board.
(3) Plan consistency.
(a) When conducting a review of proposed zoning text or map amendments, the Planning Board shall advise and comment on whether the proposed action is consistent with any
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, but a comment by the Planning Board that a proposed amendment is inconsistent with the
shall not preclude consideration or approval of the proposed amendment by the Board of Commissioners.
(b) If a zoning map amendment qualifies as a “large-scale rezoning” under G.S. § 160D-602(b), the Planning 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 recommendation made.
(4) Review of other ordinances and actions. Any
other than a zoning regulation that is proposed to be adopted and any subsequent amendments to the regulation thereafter may be referred to the Planning Board for review and comment.
(Ord. 2005-O3, passed 3-15-2005; Am. Ord. 2006-11, passed 4-18-2006;Am. Ord. passed 1-16-2007; Am. Ord. 2010-O6, passed 2-16-2010; Am. Ord. 2010-O20, passed 7-20-2010; Am. Ord. 2021-O3, passed 5-24-2021)