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

Published 4:16 pm Thursday, September 13, 2012

17.       5.1.3.3.  If a recommendation is made to the Board of Commissioners by the Planning Board concerning an amendment to change the text or map of this Ordinance, the recommendation shall be as follows:

 

(A)      Adoption of the amendment as written, or mapped;

Sign up for our daily email newsletter

Get the latest news sent to your inbox

 

(B)      Adoption of the amendment as revised by the Planning Board; or

 

(C)      Denial of the amendment.

 

18.       5.1.3.4. Once a recommendation has been made by the Planning Board, this recommendation must shall be summarized in a formal statement to the Board of Commissioners outlining why the request is or is not consistent with the County’s currently adopted Comprehensive Plan and any other adopted plans.

 

19.       5.2.1 Statutory Vested Rights.  A statutory vested right is a right established pursuant to N.C.G.S. 153A-344.1 to undertake and complete the development and use of property under the terms and conditions of an approved site-specific development plan.  A statutory vested right may be established for any development authorized by means of a conditional use permit, pursuant to Section 5.5, and for major subdivision approval pursuant to Section 6.21.  Any request for a statutory vested right shall be reviewed by the Board of Adjustment in accordance with the requirements and procedures set forth herein.

 

20.       6.29  Deleted row that states:  Note all lots or building sites with an elevation of 1,650 or 2,250 feet above sea level or greater, or as required by the Mountainside Ridgeline Protection Ordinance

 

21.       6.30.2.4(D).  Mountainside Ridgeline Protection Certificate of Approval for Recording.  Deleted.

 

22.       6.50.2  Exception – Mountainside Ridgeline Protection Ordinance.  Deleted and renumbered remaining sections.

 

23.       60.50.3.3. and 60.50.4.3.  Replaced the phrase Development Review Board with Technical Review Panel.

 

24.       8.3.1 CON Conservation District.  The CON district is generally characterized by lands that are not open to development and/or are utilized for passive recreation, such as hiking or canoeing. This district includes properties that are within federal- or state-owned property, properties secured through land trusts, or environmentally sensitive areas protected through state and/or federal regulation. Property placed within this sector is preserved as open space in perpetuity through a defined regulatory or legal mechanism. This district includes the ecological backbone of the community, providing critical habitats for wildlife; protection of water quality and protection from flooding and erosion; and providing recreation and green space (open lands) for residents and visitors.

 

25.       8.3.3 AR-5 Agricultural Residential Very Low Density.  The AR-5 district is intended to provide areas for general farming purposes (including agriculture, horticulture, and forest land), support of farming activities, and very low density residential purposes.  The district consists primarily of rural residential properties with acreage and individual/family farming operations, for example, vineyards, orchards, soybeans, hay and timber production; beef, goat, pig, dairy and horse farms and stables; and small specialty farms such as produce gardening, flower/nurseries, and beekeeping.  This district is intended to protect from scattered and uncoordinated development, particularly higher-density, suburban-type subdivisions that are typically incompatible with farming activities (for reasons such as traffic, water demands, and objections to the noises, smells, hours, and machinery of farming), and to discourage any use that because of its size or character would create unusual requirements and costs for providing public services such as water supply, refuse, and sewage disposal.  The district is not intended to attract or support major agribusiness such as corporate pig or poultry farming, cattle feed lots or fertilizer manufacturing plants.  The district does allow small businesses, non-intrusive to neighboring properties, to be conducted on a resident’s property; examples would include, but are not limited to, artist/craft studio; research/writing/transcription; farrier; carriage supply sales; acupuncture/massage; accounting; woodworking; technology/web design.  Uses in this district should not endanger the public health and safety, not substantially injure the surrounding property values, and be in harmony with the surrounding area.