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2014-01 January 31 2014 PB Work Session Agenda Package NEW HANOVER COUNTY PLANNING & INSPECTIONS DEPARTMENT 230 GOVERNMENT CENTER DRIVE, SUITE 110 WILMINGTON, NORTH CAROLINA 28403 TELEPHONE (910) 798-7165 FAX (910) 798-7053 AGENDA New Hanover County Planning Board Work Session New Hanover County Government Center Conference Room 500, Finance/IT Suite January 31, 2014 9:00 a.m. 1. Call to Order Richard Collier 2. Upcoming Text Amendments Staff  Zoning Ordinance updates to bring in conformity with the 2013 NC Legislative Session Section 23: Definitions Section 61.4: Traffic Impact Analysis Section 121: Filing and Notice for an Appeal Section 122: Powers and Duties of the Zoning Board of Adjustment  Continued discussion of amendments to the Conservation Overlay District (COD) including Section 55.1 of the Zoning Ordinance and Section 33-1 of the Subdivision Ordinance  Incorporation of language to clarify consideration of adopted plans including specifically Section 112-3(5): Planning Board Consideration 3. Update: New Hanover County Comprehensive Plan Jennifer Rigby Presentation of draft existing conditions analysis 4. Other Project Updates Staff One Solution 5. Adjourn Richard Collier Chris O’Keefe, AICP Planning & Inspections Director Dennis Bordeaux Inspections Manager Shawn Ralston Planning Manager NEW HANOVER COUNTY PLANNING & INSPECTIONS DEPARTMENT 230 GOVERNMENT CENTER DRIVE, SUITE 110 WILMINGTON, NORTH CAROLINA 28403 TELEPHONE (910) 798-7165 FAX (910) 798-7053 Memorandum To: New Hanover County Planning Board From: Ben Andrea, Current Planner Date: January 31, 3014 Re: Upcoming Text Amendment (A-418) – Revisions to Zoning Ordinance based on 2013 North Carolina Legislation Some revisions to language in the New Hanover County Zoning Ordinance are necessary as a result of laws passed during the 2013 North Carolina Legislative Session that pertain to planning and development regulation. This memorandum summarizes the need for each change as well as the text recommended to be amended. The summaries of the changes are credited to the University of North Carolina School of Government Planning and Zoning Law Bulletin No. 22 (October 2013) 2013 North Carolina Legislation Related to Planning and Development Regulation (Richard D. Ducker, Adam Lovelady, and David W. Owens). One definition needs revision as a result of a special provision related to zoning of fraternities and sororities that was tucked in an omnibus regulatory reform bill adopted in 2013. Section 6 of S.L. 2013- 413 (H 74) provides that a city or county zoning or unified development ordinance may not differentiate between those fraternities and sororities that are approved or recognized by a college or university and those that are not. If a development ordinance would allow a sanctioned fraternity house in a particular zoning district, it must also allow unsanctioned houses. Similarly, special or conditional use permits for fraternity or sorority houses may not include a condition that the organization be sanctioned by a college. Article II, Section 23: Definitions Fraternities/Sororities Residential - A building or structure occupied and maintained for residential uses exclusively for college or university students who are members of a social, honorary, or professional organization which is chartered by a national, fraternal or sororal order which is so recognized by a university, college or other institution. (6/18/90) (23-93) The remainder of the changes are a result of Session Law (hereinafter S.L.) 2013-126 (H 276), which became effective October 1, 2013. S.L. 2013-126 (H 276) sought to modernize the board of adjustment statute. The new legislation does not drastically alter the fundamental aspects of the prior law, but it does make several important changes in the following areas. Chris O’Keefe, AICP Planning & Inspections Director Dennis Bordeaux Inspections Manager Shawn Ralston Planning Manager Notices of Public Hearings - G.S. 160A-388(a2) creates a uniform notice requirement for hearings on quasi-judicial matters, with provisions similar to those required for a zoning map amendment, with the exception that newspaper published notice is not mandated. Notice of the hearing must be mailed to the person who submitted the application that is the subject of the hearing, the owner of the affected property (if that is not the person requesting the hearing), adjacent owners, and anyone else entitled to mailed notice under the local ordinance. A notice of the hearing must be posted on or adjacent to the site that is the subject of the hearing. Both the mailing and posting must be made in the ten- to twenty-five-day period prior to the hearing. Section 121: Filing and Notice for an Appeal 121-3: Notice - At least one (1) week prior to the date of the hearing, the zoning administrator shall furnish the appellant and all property owners of the subject tract and property owners within 500 feet of the subject tract with written notice of the hearing. All tenants of the subject tract and parcels within 500 feet of the subject tract will be notified where practicable. (11/13/12) Notice of Public Hearing shall be published once a week for two (2) successive calendar weeks in the local newspaper. Public notice may shall also be posted on the property concerned indicating the proposed change and date of public hearing. Appeals – G.S. 160A-388(a1) adds a uniform time to make appeals to the board. Appeals must be filed within thirty days of notice of a final, binding administrative decision. Previously the law allowed each individual ordinance to set a time limit for making an appeal. Section 121: Filing and Notice for an Appeal 121-1: Appeals from the enforcement and interpretation of this Ordinance and appeals for variances may be taken to the Board of Adjustment by any person aggrieved or by any office, department, board or bureau of the County affected. Notice of an appeal to the Board of Adjustment shall be filed with the zoning administrator within thirty (30) days of receipt of the decision. An appeal stays all proceedings in furtherance of action appealed from, unless the zoning administrator files a Certificate stating that by reasons of facts stated in the Certificate a stay would, in his opinion, interfere with enforcement of the Ordinance because the violation is transitory in nature, or would cause imminent peril to life and property. The zoning administrator shall have one (l) copy of said certificate delivered by registered mail or by personal service to the appellant and to each member of the Board within ten (10) calendar days from the date the appeal is filed with the zoning administrator. The Certificate shall also be placed on file in the Office of the zoning administrator for public inspection and recorded in the minutes of the next meeting of the Board. Where said Certificate is filed by the zoning administrator, proceedings in furtherance of the original order shall not be stayed otherwise than by restraining order which may be granted by a court of record within New Hanover County. Section 61.4: Traffic Impact Analysis Appeals – Within 10 30 working days of a decision on required mitigation measures, an applicant may appeal the decision through the Board of Adjustment in the form of a letter stating the reasons for appeal and including documentation in support of the appeal. In hearing disput es, the Board of Adjustment may request an independent study by an outside source, chosen by the County and paid for by the applicant, to resolve questions of traffic impact and appropriate mitigation thereof. Voting – The statute now requires only a simple majority vote for board decisions on appeals. Previously a four-fifths vote was required to overturn a staff decision or rule in favor of an appellant on an appeal. The statute was also clarified to provide that only the seats occupied by members eligi ble to vote on a matter are considered when calculating the requisite majority vote (that is, vacant seats and the seats of members disqualified from voting due to a conflict of interest are not considered in the calculation if no alternate is available to occupy that seat for the matter). The seats of members who are simply absent or who do not vote are counted for calculation of required majorities. Section 122: Powers and Duties 122-1: The Zoning Board of Adjustment shall have the following powers and duties: (1) To hear and decide appeals where it is alleged by the appellant that there is error in any decision made by the zoning administrator or other administrative officials in the carrying out or enforcement of any provision of the Ordinance. A concurring vote of four- fifths (4/5) majority of the members of the Board shall be necessary to reverse, wholly, or partly, any such decision. Vacant seats and disqualified members are not considered in calculating 4/5 votes majority. Variances – Applicants are no longer required to show no reasonable use could be made of the property without a variance. COUNTY OF NEW HANOVER, NORTH CAROLINA ORDER GRANTING / DENYING A VARIANCE The Board of Adjustment for the County of New Hanover, having held a public hearing on (date) to consider application number, submitted by (name of applicant), a request for a variance to use the property located at (address of property) in a manner not permissible under the literal terms of the ordinance, and having heard all the evidence and arguments presented at the hearing, makes the following FINDINGS OF FACT and draws the following CONCLUSIONS; 1. It is the Board's CONCLUSION that, if the applicant complies with the literal terms of the ordinance, specifically section(s), _______________________ he (can/cannot) secure a reasonable return from, or make reasonable use of, his property. This conclusion is based on the following FINDINGS OF FACT: