Edits made to May 9, 2012, Polk County Unified Development Ordinance

Published 4:16 pm Thursday, September 13, 2012

13.       4.5.1 Creation. A Board of Adjustment is hereby established.  Said board shall consist of five (5) members to be appointed by the Board of Commissioners for overlapping terms of three years.  The Polk County Board of Commissioners has established, authorized, and reaffirmed the Board of Adjustment under the authority granted by NCGS 153A-345.

 

4.5.1.1.  The Board of Adjustment shall consist of five regular members appointed by the Board of Commissioners.  Terms shall be three years; however, the Board of Commissioners may appoint members for a lesser term in order to achieve a balanced system of overlapping terms.  Any vacancy in the membership shall be filled for the unexpired term in the same manner as the initial appointment.  Members shall serve without pay but may be reimbursed for any expenses incurred while representing the Board.

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4.5.1.2.  The Board of Commissioners may appoint three (3) alternate members to serve on the Board in the absence or disqualification of any regular members.  The alternate members shall be appointed for  the same term and in the same manner as regular members.  The alternate members, while attending any regular or special meeting of the Board and serving in the absence or disqualification of any regular member, shall have and may exercise all the powers and duties of a regular member.

 

14.       5.1.2.3.  Completed applications shall be received one (1) month at least 30 days prior to the Planning Board meeting at which the Planning Board first considers the proposed amendment.  A Public Hearing will be scheduled after the Planning Board meeting and subsequent to a Planning Board recommendation.

 

15.       5.1.3.1.  The Planning Board shall consider the application for amendment after the Planning Board public meeting is held.  The Planning Board shall have a maximum of 45 days from the date of the public Planning Board meeting to make a recommendation on the application.  If a recommendation is not made during this time period, the application shall be forwarded to the Board of Commissioners without a recommendation from the Planning Board.

 

16.       5.1.3.2.  If a recommendation is made to the Board of Commissioners by the Planning Board concerning an application for rezoning a map amendment, the recommendation shall be as follows:

 

(A)      Grant the rezoning as requested;

 

(B)      Grant the rezoning with a reduction of the area requested;

 

(C)      Grant the rezoning to a more or less restrictive general zoning district or districts;

 

(D)      Grant the rezoning with a combination of subdivisions (A), (B), or (C), above;

 

(E)      Recommend that the petition be denied; or

 

(F)       Grant the creation of a new zoning district.