The Polk County Unified Development Ordinance (UDO) Advisory Committee heard on April 26 from Polk’s planning consultant, who explained a recent change in legislation that would allow discretionary regulations to be included in the subdivision approval process without having zoning as the underlying regulation.
This change became effective January 1, 2010. Prior to 2010, subdivision approval and denial was based on specific standards; it was a straightforward approval process without flexibility.
This new legislation would allow Polk County to approve major subdivisions based on the consideration of discretionary factors through the quasi-judicial process. Individual subdivisions could be approved or denied based on generally stated standards such as: impact on flood areas, watersheds, groundwater and other factors This process may require preparation of an environmental assessment.
This option does not protect residents in the northern townships of the county from the possibility of Lake Lure extending its extra territorial jurisdiction (ETJ) into Polk County. If those property owners are concerned with this possibility, the consultant said, they may request zoning if they are able to meet the state requirements to zone.
The UDO committee agreed  to proceed with the option of including discretionary regulations for major subdivision approvals, rather than relying on conditional use approval, which would have required an underlying zoning designation placed on the unzoned areas of the county, White Oak and Cooper Gap Townships. The revised subdivision portion of the UDO draft will be delivered to the committee in July.
The next UDO meeting is scheduled for July 21 at 7 p.m. at the Polk County Senior Center in Columbus. This is an open meeting and all are welcome.
If you would like more information on this topic, a copy of the Draft Unified Development Ordinance is available on the county’s website, www.polknc.org, under the planning department.
– Submitted by Ange High, Polk County Planning
Department