Agenda Item Summary Sheet Item No: 11 Meeting Date: January 4, 2006 Item Title: Request for Public Hearing to consider propo

Agenda Item Summary Sheet 

      Item No:  11

Meeting Date:    January 4, 2006 
 
 

Item Title:  Request for Public Hearing to consider proposed amendments to Town Code Sections 48-661 and 48-663 to add requirements that zoning amendments be reviewed for consistency with adopted land use plans, and to establish a 30 day period for the Planning Board to report recommendations on zoning amendments to the Board of Commissioners. 


Item Summary:

The proposed zoning ordinance amendment to Town Code Sections 48-661 and 48-663 sets forth procedural requirements for the board of commissioners and planning board in the consideration of zoning text and zoning map amendment requests that were recently added to state statute. New language added to N.C.G.S. 160A-383 requires that prior to action on any proposed zoning amendments that both the planning board and governing body must make a specific finding as to the consistency of the proposed amendment with the town land use plan. New language added to G.S. 160A-387 also establishes a 30 day time limit by which the governing body must await the recommendation of the planning board on proposed zoning amendments.

Planning and Development staff and Planning Board recommend adoption of the proposed ordinance. 


      Number of Attachments:  2

Specific Action Requested:     


Request for Public Hearing.  


Submitted By:     Planning and Development    Date:  December 22, 2005

Finance Officer Comment:

 


Unable to assess precise fiscal impact.

 


Signature:  Kim Kenny      Date:   December 29, 2005

Town Attorney Comment:

 


I concur with staff and Planning Board recommendations as adoption of the amendment will conform with the amended State statute.

 


Signature: Ike McRee      Date:  December 29, 2005

Town Manager Comment:

 


I concur with staff's recommendations.

 


Signature:  Seth Lawless      Date:  December 29, 2005

 
 
 
 

 


Town of Nags Head

Planning and Development Post Office Box 99 Telephone 252-441-7016

Department Nags Head, North Carolina 27959 FAX 252-441-4290

            www.townofnagshead.net

MEMORANDUM

 


TO: Board of Commissioners

FROM: Planning and Development Staff

DATE: December 21, 2005

SUBJECT: Request for Public Hearing - Proposed amendment to Town Code Section 48-661 and 48-663, Zoning Regulations to be in accordance with adopted comprehensive plan.

Attached is a proposed zoning ordinance amendment to Town Code Sections 48-661 and 48-663 that set forth the procedural requirements of the board of commissioners and planning board in the consideration of zoning text and zoning map amendment requests.  The proposed amendments are being forwarded due to recent changes approved by the General Assembly to North Carolina General Statutes 160A-383 and 153A-341 effective January 1, 2006.  The purpose of the proposed amendment is to make the Town Code consistent with the general statutes and to this end the language found in the proposed code amendment closely mirrors the language found in the general statutes (copies attached).

New language added to G.S. 160A-383 requires that prior to action on any proposed zoning amendments that both the planning board and governing body must make a specific finding as to the consistency of the proposed amendment with the town land use plan.  This change does not require that the proposed zoning amendment be in perfect accordance with all elements of the plan, but would require that any notable inconsistencies be identified and explained.  The governing body would not be bound by the findings of the planning board, and moreover the adopted finding of the governing body regarding consistency with the land use plan would not be subject to judicial review. 

New language added to G.S. 160A-387 establishes a time limit by which the governing body must await the recommendation and written report of the planning board on proposed zoning amendments.  The statute now provides that if the planning board does not forward a report to the governing body within 30 days of date of the referral of the amendment to the planning board, then the governing may proceed with its consideration of the amendment without the planning board report.  While the governing body may act on the request after the expiration of the 30 day planning board referral period, it is important to note that the governing body is not required to act on the proposed amendment and may afford the planning board additional time to review and make a report prior to taking action should the governing body so desire.

Planning Board Recommendation

The Planning Board by a 6-0 vote recommends the adoption of the ordinance as presented.

 


AN ORDINANCE AMENDING THE CODE OF ORDINANCES 
OF THE TOWN OF NAGS HEAD, NORTH CAROLINA

      BE IT ORDAINED by the Board of Commissioners of the Town of Nags Head, North Carolina, that the Code of Ordinances shall be amended as follows:

PART I. That Section 48-661, Motion to amend, be amended as follows:

 


The board of commissioners may, on its own motion or upon petition by any person within the zoning jurisdiction of the town, after public notice and hearing, amend, supplement, change, modify or repeal the regulations herein established or the maps which are part of this chapter, subject to the rules prescribed in this chapter. No regulation or map shall be amended, supplemented, changed, modified or repealed until after a public hearing is held in relation to it, at which parties of interest and citizens shall have an opportunity to be heard. Prior to adopting or rejecting any zoning amendment, the board shall adopt a statement describing whether its action is consistent with the adopted town comprehensive 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 notice of the hearing shall be given once a week for two successive calendar weeks in a newspaper of general circulation in the town. The notice shall be published the first time not less than ten days nor more than 25 days prior to the date fixed for the public hearing. Furthermore, whenever there is a zoning classification action involving a parcel of land, the owner of that parcel of land as shown on the county tax listing, and the owners of all parcels of land abutting that parcel of land as shown on the county tax listing, shall be mailed a notice of the proposed classification by first class mail at the last address listed for such owners on the county tax abstracts at least 15 days prior to the public hearing.

 
 


PART II. That Section 48-663, Planning board action, be amended as follows:

   Every proposed amendment, supplement, change, modification or repeal to this chapter shall be referred to the planning board for its recommendation and report. 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. No proposal shall be considered by the planning board within 20 days from the filing of the proposal with the zoning administrator or town clerk. All petitions for a change in the zoning map shall include a legal description of the property involved and the names and addresses of current abutting property owners.  The planning board shall advise and comment on whether the proposed amendment is consistent with the town comprehensive land use plan and any other officially adopted town 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 town comprehensive land use plan shall not preclude consideration or approval of the proposed amendment by the board of commissioners.

PART III.   This ordinance shall be in full force and effect from and after the 1st day of February, 2006.

 
M. Ren��e Cahoon, Mayor 


ATTEST:

Town Clerk 


APPROVED AS TO FORM:

Town AttorneyDate adopted:Motion to adopt by Commissioner Motion seconded by Commissioner Vote: AYES NAYS 
 


GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION LAW 2005-418

SENATE BILL 518

  


"�� 160A-387.  Planning agency; board; zoning plan; certification to city council.

   In order to initially exercise the powers conferred by this Part, a city council shall create or designate a planning agency board under the provisions of this Article or of a special act of the General Assembly. The planning agency board shall prepare or shall review and comment upon a proposed zoning ordinance, including both the full text of such ordinance and maps showing proposed district boundaries. The planning agency board may hold public hearings in the course of preparing the ordinance. Upon completion, the planning agency board shall certify make a written recommendation regarding adoption of the ordinance to the city council. The city council shall not hold its required public hearing or take action until it has received a certified recommendation regarding ordinance from the planning agency. board. Following its required public hearing, the city council may refer the ordinance back to the planning agency board for any further recommendations that the agency board may wish to make prior to final action by the city council in adopting, modifying and adopting, or rejecting the ordinance.

   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 governing board may proceed in its consideration of the amendment without the planning board report. The governing board is not bound by the recommendations, if any, of the planning board."

 
 


   

 
GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION LAW 2005-426

SENATE BILL 814

 


"�� 160A-383.  Purposes in view.

   Zoning regulations shall be made in accordance with a comprehensive plan and designed to lessen congestion in the streets; to secure safety from fire, panic and other dangers;plan. Prior to adopting or rejecting any zoning amendment, the governing board 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. That statement is not subject to judicial review.

   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 governing board 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 governing board.

   Zoning regulations shall be designed to promote health the public health, safety, and the general welfare; welfare. To that end, the regulations may address, among other things, the following public purposes: to provide adequate light and air; to prevent the overcrowding of land; to avoid undue concentration of population; to lessen congestion in the streets; to secure safety from fire, panic, and dangers; and to facilitate the efficient and adequate provision of transportation, water, sewerage, schools, parks, and other public requirements. The regulations shall be made with reasonable consideration, among other things, as to the character of the district and its peculiar suitability for particular uses, and with a view to conserving the value of buildings and encouraging the most appropriate use of land throughout such city."