2005 - 12-05-05 Regular Meeting - Laserfiche WebLink

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BOOK iO PacE 747® • Section 2.1.2 - Rewrite entire section as follows, "Pursuant to % 153A-351 and 160A-411, the staff of the Department of Cormnunity Development is hereby designated the Zoning and Subdivision Inspector for the County of Lee. The Inspector is empowered to enter or inspect any building, structure, premises, or real property in the County of Lee upon which, or in connection with which, a development or land rise is located or proposed for the purpose of inspection to ensure compliance with the provisions of this Ordinance. Such inspections shall be carried out during business hours unless the Department of Community Development determines that an emergency exists. An inspector shall have the authority to enter private property for the purpose of inspection unless such permission has been refused. If refused, the inspector shall obtain an appropriate administrative search warrant to secure permission to inspect the property. Application for any development approval shall constitute permission to inspect a property. Failing permission, no inspection shall be undertaken without an order from the a court of competent jurisdiction." • Section 2.2.4.4 - Amend to reflect that a quorum is 4 members, but that no action can be taken unless 5 members are present. • Section 2.2.6 - Rewrite entire section as follows, "The Board shall appoint a recording clerk to serve all three of the Boards of Adjustments. Tlne Department of Community Development is hereby designated as the office of the Board for purposes of this section. The clerk shall keep minutes of all proceedings of the Board of Adjustment, which minutes shall be a summary of all proceedings before the Board of Adjustment, attested to by a majority of the members of the Board of Adjustment voting. Minutes of the proceedings of the Board of Adjustment showing the vote of each member and records of its examinations and other official actions shall be filed in the office of the board as a public record. In addition, the clerk shall maintain all records of Board of Adjustment meetings, hearings and proceedings, the correspondence of the Board of Adjustment" • Section 2.4.2.4 - Delete entire section. • Section 3.1.3-3.1.3.2 - Change all references to "Planning Commission' to "Local Planning Board". • Section 3.1.5.3.4 - Rewrite entire section as follows, "Notice Provisions. The adjacent property owners to a quasi-judicial hearing will be sent a notice of hearing (by the Department of Community Development) not less than 15 days before the hearing. The notice shall state the date, hour, place, and nature of the hearing, shall list the particular sections of this Ordinance involved, and shall give a short and plain statement of the application. Notice shall be sent by fast-class mail." • Section 3.3.3.1 - Rewrite entire section as follows, "T$e Department of Community Development shall transmit the application to the respective Local Planning Board (see § 2.3) for consideration at its next available meeting. In the case of a "small-scale" or a conditional zoning petition as cited in NCGS 160A-382 and 153A-342, the Community Development staff shall also transmit a statement analyzing the "reasonableness" of the proposed rezoning (as required in said Statutes). Notice of the public hearing shall be provided as set forth in § 3.1.5 of this Ordinance. Tlae Planning Board shall consider the request and act to recommend approval or dermal of the zoning amendment in accordance with the procedures for a legislative hearing as set forth in § 3.1.5.2 of this Ordinance and in accordance with NGGS §160A-387 & 5153A-344. A majority vote is required for the Planning Board to recommend approval or denial of a zoning map amendment. T7ne Planning Board shall transmit its recommendation to the Governing Body for consideration. In accordance with NCGS 160A-383 and 153A-341, this recommendation sball include a statement that addresses: (a) the consistency/inconsistency of the petition with the Sanford/Lee County 2020 Land Use Plan, (b) why the Board considers the petition to be reasonable/unreasonable, and (c) why the Board considers the petition to be in the public interest/not in the public interest." • Section 3.3.3.2 - Add the following new language to tine end of this section - "In accordance with NCGS 160A-383 and 153A-341, the decision of the Governing Body shall include a statement that addresses: (a) the consistency/inconsistency of the petition with the Sanford/Lee County 2020 Land Use Plan, (b) why the Board considers the petition to be reasonable/unreasonable, and (c) why the Board considers the petition to be in the public interest/not in the public interest." • Section 3.3.4 - Remove the phrase at a minimum," from the 2-1 sentence. • Section 3.3.6.2 - Rewrite entire section as follows, "Upon the recornrnendation of the joint Planning Commission, the Department of Community Development shall then transmit the application to the respective Local Planning Board (see § 2.3) for consideration at its next available meeting. Notice of