§ 13.12. Amendment # 12 Effective January 23, 2006
Add/Delete language as indicated (strikethrough = delete; bold underline = add)
Section 1
1.1 PURPOSE
In order to lessen congestion in the streets; to secure safety from fire, panic, and dangers; to promote the public health, safety, and welfare; to provide adequate light and air; to prevent the overcrowding of land; to avoid undue concentration of population; to facilitate the efficient and adequate provisions of transportation, sewerage, schools, […].
Section 6.14
H.
Minimum Standards of Design, Construction and Layout
2.
Water supply: Every manufactured home shall be provided with a supply of water for domestic purposes from a source approved by the Bladen County Health Department required to connect to the County water system if it is available. Where County water is not available, the water supply shall be from a source approved by the County Health Department.
The Planning Board shall consider the application and comments at the public hearing and may grant or deny the Special Use Permit. In conducting the public hearing and considering the application, the Planning Board shall follow quasi-judicial procedures. A simple majority vote of the Planning Board is required to grant or deny a Special Use Permit. Vacant positions on the Board and members who are disqualified from voting on the matter shall not be considered "members of the Board" for calculation of the requisite majority.
No Planning Board 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 conflicts 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. If an objection is raised to a member's participation and that member does not recuse himself/herself, the remaining members shall by majority vote rule on the objection.
D.
Administering Oaths and Compelling Attendance of Witnesses
The Chairman or, in his absence, the acting Chairman, may administer oaths and compel the attendance of witnesses. The Board may subpoena witnesses and compel the production of evidence. If a person fails to obey a subpoena, the Board may apply to the General Court of Justice for an order requiring that its order be obeyed, and the Court shall have jurisdiction to issue these orders after notice to all parties. No testimony of any witness before the Board pursuant to a subpoena may be used against the witness in any trial of any civil or criminal action other than a prosecution for false swearing committed on the examination. Any person who, while under oath during a proceeding before the Board of Adjustment, willfully swears falsely, is guilty of a Class 1 misdemeanor.
F.
Voting
Vacant positions on the Board and members who are disqualified from voting on the matter shall not be considered "members of the Board" for calculation of the requisite supermajority if there are no qualified alternates available to take the place of such members.
No Planning Board 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 conflicts 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. If an objection is raised to a member's participation and that member does not recuse himself/herself, the remaining members shall by majority vote rule on the objection.
Section 10.3.B.
5.
In granting any variance, the Board may prescribe appropriate conditions and safeguards in conformity with this Ordinance. Conditions shall be reasonably related to the condition or circumstance that gives rise to the need for the variance. Violation of such conditions and safeguards, when made a part of the terms under which the variance is granted, shall be deemed a violation of this Ordinance and punishable under Article III (Enforcement and Penalties) and the variance may be revoked.
Section 11 CHANGES , AND AMENDMENTS , AND DEVELOPMENT MORATORIA
11.1 Initiation of Amendments
A petition by an interested person shall be submitted to the Board of County Commissioners through, and reviewed by, the Planning Board, which shall consider its merit and make a written recommendation to the Board of County Commissioners.
Page 88-89
11.2.D. Public Hearing Notices for Changes
1.
Notification procedure for text amendments or changes
A public hearing shall be set and published no less than ten (10) days nor more than twenty-five (25) days before the date fixed for the public hearing by the Board of Commissioners in a newspaper of general circulation in Bladen County. In computing such period, the day of publication is not to be included but the day of the hearing shall be included.
2.
Notification procedure for Rezonings and Map Amendments
Notice to all adjacent property owners and newspaper advertisement shall take place no less than 10 days nor more than 25 days prior to the date fixed for the public hearing. The Zoning Officer shall cause A RETURN RECEIPT REQUESTED to be attached to each prepared letter/envelope to insure property owner notification.
The first class mail notice required by this Subsection shall not be required if the rezoning directly affects more than fifty (50) properties, owned by a total of at least fifty (50) different property owners, and the County elects to use the expanded published notice in a newspaper of general circulation within the area where the rezoning is proposed. The expanded published notice shall consist of an advertisement of the public hearing that is no less than one-half (1/2) of the newspaper page in size. The Zoning Officer shall publish the notice once a week for two (2) consecutive weeks. The notice shall be published for the first time not less than ten (10) days nor more than twenty-five (25) days before the date fixed for the hearing. In computing this period, the date of publication shall not be counted, but the date of the hearing shall be. 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 by first class mailed notice.
In addition, notice shall be made by posting the property concerned. The County shall also cause a notice of the public hearing to be prominently posted 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 County shall post sufficient notices to provide reasonable notice to interested persons. The notice shall be posted no later than ten (10) working days prior to the date of the public hearing.
11.3 Action By the Planning Board
Every proposed amendment, supplement, change, modification or repeal of this Ordinance shall be referred to the Planning Board for its written comments, recommendation, and report. The Planning Board shall consider and make written comments and recommendations to the Board of Commissioners concerning each proposed zoning amendment.
11.3.E. The proposed change is in accord and consistent with the Land Use Plan, any other officially adopted plan that is applicable, and sound planning principles.
The Planning Board shall render its decision on any properly filed petition within thirty (30) days after the introduction of such petition and shall transmit its written comments, recommendation, and report, including the reasons for its determinations, to the Board of County Commissioners. A comment by the Planning Board that a proposed amendment is inconsistent with the Land Use Plan shall not preclude consideration or approval of the proposed amendment by the Board of County Commissioners.
No Planning Board members shall vote on recommendations regarding 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 matter.
11.4 Action By the Board of County Commissioners
Before taking such lawful action, as it may deem advisable to approve or deny an applicants request, the Board of County Commissioners shall consider the Planning Board's comments and recommendations on each proposed zoning amendment. If no written recommendation and report is received from the Planning Board within thirty (30) days after the Planning Board receives the application, the proposed amendment shall be deemed to have been a positive recommendation by the Planning Board. the Board of County Commissioners may proceed in its consideration of the amendment without the Planning Board report.
Prior to adopting or rejecting any zoning amendment, the Board of County Commissioners shall adopt a statement describing whether its action is consistent with the adopted Land Use Plan and explaining why the Board considers the action taken to be reasonable and in the public interest. This statement is not subject to judicial review.
A member of the Board of County Commissioners 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.
11.6 Notice to North Carolina Department of Transportation (NCDOT) of Establishment or Revision of Industrial Zones Along Interstate or Primary Highway Rights-of-Way
Pursuant to NCGS 136-153, all zoning authorities shall give written notice to the Department of Transportation of the establishment or revision of any industrial zone within six hundred and sixty (660) feet of interstate or primary highways. Notice shall be by registered mail sent to the offices of the Department of Transportation in Raleigh, North Carolina, within fifteen (15) days after the effective date of the zoning change or establishment.
11.7 Statute of Limitations on Challenges to Changes and Amendments
Pursuant to NCGS 1-54.1, an action contesting the validity of any amendment to a county zoning ordinance shall be taken within two (2) months of the adoption of the amendment.
11.8 Development Moratoria
The County may adopt temporary moratoria on any County development approval required by law. The duration of any moratorium shall be reasonable in light of the specific conditions that warrant imposition of the moratorium and may not exceed the period of time necessary to correct, modify, or resolve such conditions.
A.
Notice of Public Hearing
Except in cases of imminent and substantial threat to public health or safety, before adopting an ordinance imposing a development moratorium with a duration of sixty (60) days or any shorter period, the Board of County Commissioners shall hold a public hearing and shall publish a notice of the hearing in a newspaper having general circulation in the area not less than seven (7) days before the date set for the hearing.
A development moratorium with a duration of sixty-one (61) days or longer, and any extension of a moratorium so that the total duration is sixty-one (61) days or longer, is subject to the published newspaper notice and hearing requirements of Section 11.2, Subsection D.
B.
Application of Moratorium on Existing/Pending Permits and Approvals
Absent an imminent threat to public health or safety, a development moratorium adopted pursuant to this Section shall not apply to any project for which a valid zoning and/or building permit issued is outstanding, to any project for which a special use permit application has been accepted, to development set forth in a site-specific or phased development plan approved pursuant to a granted vested right, or to development for which substantial expenditures have already been made in good faith reliance on a prior valid administrative or quasi-judicial permit or approval, that have been accepted for review by the County prior to the call for public hearing to adopt the moratorium.
C.
Contents of Ordinance Adopting Moratorium
Any ordinance establishing a development moratorium must expressly include at the time of adoption each of the following:
1.
A clear statement of the problems or conditions necessitating the moratorium and what courses of action, alternative to a moratorium, were considered by the County and why those alternative courses of action were not deemed adequate.
2.
A clear statement of the development approvals subject to the moratorium and how a moratorium on those approvals will address the problems or conditions leading to imposition of the moratorium.
3.
An express date for termination of the moratorium and a statement setting forth why that duration is reasonably necessary to address the problems or conditions leading to imposition of the moratorium.
4.
A clear statement of the actions, and the schedule for those actions, proposed to be taken by the County during the duration of the moratorium to address the problems or conditions leading to imposition of the moratorium.
D.
Extension of Moratorium
No moratorium may be subsequently renewed or extended for any additional period unless the County shall have taken all reasonable and feasible steps proposed to be taken by the County in its ordinance establishing the moratorium to address the problems or conditions leading to the imposition of the moratorium and unless new facts and conditions warrant an extension. Any ordinance renewing or extending a development moratorium must expressly include, at the time of adoption, the findings set forth in Subsection C, including what new facts or conditions warrant the extension.
E.
Judicial Review
Any person aggrieved by the imposition of a moratorium on development approvals required by law may apply to the appropriate division of the General Court of Justice for an order enjoining the enforcement of the moratorium, and the court shall have jurisdiction to issue that order. Actions brought pursuant to this Section shall be set down for immediate hearing, and subsequent proceedings in those actions shall be accorded priority by the trial and appellate courts. In any such action, the County shall have the burden of showing compliance with the procedural requirements of this Section.