establishment and administration article 1: …

ARTICLE 1

ESTABLISHMENT AND ADMINISTRATION

FRANKLIN COUNTY, NORTH CAROLINA

UNIFIED DEVELOPMENT ORDINANCE 1-1

ARTICLE 1: ESTABLISHMENT AND ADMINISTRATION

GENERAL

Title

This Ordinance and all associated Articles shall be known and may be cited

as the “Franklin County Unified Development Ordinance” and may also be

referred to herein as this “Ordinance” or “UDO”.

Authority and Enactment

This Ordinance is adopted pursuant to the authority contained in North

Carolina General Statutes (G.S.), specifically principal authorization

comes in G.S. § 160D and G.S. §153A-121 which states that a county

may, by Ordinance, define, prohibit, regulate, or abate acts, omissions,

or conditions detrimental to the health, safety, or welfare of its citizens

and the peace and dignity of the county, and may define and abate

nuisances, and 15A-NCAC 02B0620-02B024 Watershed Protection

Rules.

Whenever any provision of this Ordinance refers to or cites a section of

the North Carolina General Statutes and that section is later amended

or superseded, the Ordinance shall be deemed amended to refer to

the amended section or the section that most nearly corresponds to

the superseded section.

Effective Date

The provisions in this UDO were originally adopted and became effective

on October 8, 2001. A subsequent, major revision occurred on June 7, 2021

which supersedes all previous versions and includes compliance with NC

G.S. § 160D.

PURPOSE

The purpose of this UDO is to ensure conformity with the standards for

the use, development, subdivision, or occupancy of land within the

jurisdiction of the County, subject to the provisions herein.

The zoning regulations in this UDO are in accordance with the County’s

Comprehensive Development Plan and are designed to promote the

public health, safety, and general welfare. To that end, the regulations

among other things, serve the following public purposes:

1. To provide adequate light and air

2. To prevent the overcrowding of land

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3. To avoid undue concentration of population

4. To lessen congestion in the streets

5. To secure safety from fire, panic, and other dangers

6. To facilitate the efficient and adequate provision of transportation,

water, sewerage, schools, parks, and other public requirements

7. To promote the health, safety, morals, or the general welfare of the

community

The regulations shall be made with reasonable consideration, among

other things, as to the character of the jurisdiction and its areas and

their peculiar suitability for particular uses, and with a view to conserving

the value of buildings and encouraging the most appropriate use of

land throughout the County’s planning and development regulation

jurisdiction.

The UDO is further designed to:

1. Provide for the orderly growth and development of the County.

2. For the coordination of streets and highways within proposed

subdivisions with existing and planned streets and highways and with

other public facilities.

3. For the dedication or reservation of recreation areas serving residents

of the immediate neighborhood within the subdivision and of rights-

of-way or easements for street and utility purposes.

4. For the distribution of population and traffic in a manner that will

avoid congestion and overcrowding and will create conditions

essential to public health, safety, and the general welfare.

5. Further facilitate adequate provision of water, sewerage, parks,

schools, and playgrounds.

6. Facilitate the further re-subdivision of larger tracts into smaller parcels

of land.

APPLICABILITY

This UDO establishes procedures and standards for the use, development,

and subdivision of land within the territorial jurisdiction of Franklin County. In

doing so it shall enforce certain standards including but not limited to the

regulation and restriction of:

The height, number of stories, and size of buildings and other structures

The size of yards, courts, and other open spaces

Development standards for new public infrastructure and facilities

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The density of population

The location and use of buildings, structures, and land.

JURISDICTION

The Franklin County UDO shall be effective throughout the County’s

planning jurisdiction as identified on the “Official Zoning Map for Franklin

County.” Such planning jurisdiction may be modified from time to time in

accordance with G.S. § 160D-201. In addition to other locations required

by law, a copy of the official zoning map showing the boundaries of the

County’s planning jurisdiction shall be available for public inspection in the

Franklin County Planning Department.

LEGAL PROVISIONS AND SEVERABILITY

Severability

It is hereby declared to be the intention of the Board of Commissioners that

the articles, sections, paragraphs, sentences, clauses, and phrases of this

Ordinance are severable, and if any such article, section, paragraph,

sentence, clause, or phrase is declared unconstitutional or otherwise invalid

by any court of competent jurisdiction in a valid judgment or decree, such

unconstitutionality or invalidity shall not affect any of the remaining

sections, paragraphs, sentence, clauses, or phrases of this Ordinance since

the same would have been enacted without the incorporation into this

Ordinance of such unconstitutional or invalid section, paragraph,

sentence, clause, or phrase.

ADOPTED PLANS

Continuation

To the extent that the provisions of this Ordinance are the same in

substance as the previously adopted provisions that they replace in the

County’s zoning and subdivision ordinances, they shall be considered as

continuations thereof and not as new enactments unless otherwise

specifically provided. In particular, a situation that did not constitute a

lawful, nonconforming situation under the previously adopted zoning

ordinance does not achieve lawful nonconforming status under this

Ordinance merely by the repeal of the zoning ordinance.

Comprehensive Development Plan (CDP)

It is the intention of the Board of Commissioners that this Ordinance

implement the planning policies adopted by the Board for the County, as

reflected in the Franklin County Comprehensive Development Plan

(functioning as the County’s Comprehensive Plan) and in other adopted

planning documents. While the Board of Commissioners reaffirms its

commitment that this Ordinance and any amendment to it be in

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conformity with adopted planning policies, the Board of Commissioners

hereby expresses its intent that neither this Ordinance nor any amendment

to it may be challenged on the basis of any alleged nonconformity with

any planning document.

Thoroughfare Plan

Where a proposed subdivision includes any part of a thoroughfare which

has been designated as such upon the officially adopted thoroughfare

plan of any of the following organizations: Franklin County, Capital Area

Metropolitan Planning Organization (CAMPO) and the North Carolina

Department of Transportation, such part of such thoroughfare shall be

platted by the subdivider in the location shown on the plan and at the

width specified in this Ordinance.

Official Zoning Map

Franklin County is hereby divided into districts whose locations and

boundaries are shown on the Official Zoning Map for the County which

is hereby adopted by reference and declared to be a part of this

Ordinance.

The locations and boundaries of each of the zoning districts shall be

shown on the map accompanying this Ordinance and made a part

hereof entitled “Official Zoning Map, Franklin County” or “zoning map,”

and adopted and amended from time to time by the County Board of

Commissioners. The zoning map, associated information, and all the

notations, references, and amendments thereto, and other information

shown, are hereby made a part of this Ordinance. The zoning map shall

be kept on file in the office of the Clerk to the Board of Commissioners

and shall be available for inspection by the public.

The Map shall be identified by the signature of the Chairman, attested

by the Clerk, and bearing the Official Seal of Franklin County, under the

following words: "This is to certify that this is the Official Zoning Map of

the Zoning Ordinance for Franklin County, North Carolina.” The date of

adoption shall also be shown.

If, in accordance with the provisions of this Ordinance, changes are

made in the zoning district boundaries or other matter shown on the

map, such changes shall be made together with an entry on the map

as follows: "On June 7, 2021 by official action of the Franklin County

Board of Commissioners the following changes were made in the

Official Zoning Map: previous zoning map has been appealed and

replaced.” The entry shall be signed by the Chairman and attested by

the Clerk. No amendment to this Ordinance which involves matter

portrayed on the map shall become effective until after such change

and an entry has been made on said map. The Board of Commissioners

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shall give official notice of the zoning change to the Administrator

within 24 hours after passage of said change. Regardless of all copies

of the map which may exist, the Official Zoning Map, which shall be

located in the Zoning Administrator's Office, shall be the final authority

as to the current zoning status of all areas and buildings in Franklin

County.

DELEGATION

The Administrator of the UDO is the Planning Director of Franklin County, NC.

The Administrator may designate any staff member to act as Administrator

in any function assigned by this Chapter but shall remain responsible for any

final action.

GUARANTEE OF IMPROVEMENTS

In accordance with G.S. § 160D-804(g), a performance guarantee is

required for any required, uninstalled infrastructure or improvements.

After a guarantee is secured by the County, and if the site is not a public

safety hazard and safe for occupancy, the site may be occupied or

used through the issuance of a Temporary Certificate of Occupancy

and in accordance with all other applicable sections of the County’s

ordinances until a date certain upon which the infrastructure must be

installed, inspected, and approved for issuance of a full Certificate of

Occupancy. A Temporary Certificate of Occupancy may have

conditions attached which guarantee the public health, safety, or

welfare. If the required improvements are not installed, inspected, and

released by the date certain, the County shall withdraw the funds and

begin work to install the improvements. Nothing herein shall prevent the

County from pursuing the recovery of funds related to improvement

installation if the performance guarantee winds up being less than the

actual cost of the installation of the improvements.

The amount of the guarantee is 125% of a licensed engineer’s estimate

of the infrastructure remaining to be installed, as reviewed and

accepted by the Administrator. The Administrator may utilize a third-

party engineer to review the estimate, with costs to be passed on to the

applicant. If the review does not concur with the applicant’s engineer,

the application for performance guarantee shall be made in the higher

amount or denied.

Release of Guarantee Security

1. The Administrator will release all or a portion of any security posted

by the developer, as the improvements are completed, in

compliance with this Ordinance. Within 14 days after receiving the

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Administrator’s approval, the County shall approve the release of all

or a portion of the guarantee pursuant to either of the following:

a. The amount is at least 35% of the total amount guaranteed, and

the amount is a minimum of $10,000.

b. If the amount is less than that stated above, the entirety of the

remainder of the guarantee.

Maintenance Bonds

1. The County shall require a bond guaranteeing utility taps, drainage

or stormwater facilities, water and sewer lines, and other

improvements against defects for 1 year. This bond shall be in the

amount determined by the Administrator and shall be in cash or be

made by a surety company authorized to do business in North

Carolina.

2. The Administrator shall secure from all subdividers a letter in which

said subdivider shall agree to maintain the backfill and improvements

located thereon and therein and any ditch or drain tile which has

been dug or installed in connection with the installation of such

improvements. Such letter shall be binding on the subdivider for a

period of 1 year after the acceptance of such improvement by

Franklin County.

3. The subdivider shall notify the buyer of the nature, extent, and

location of these improvements and shall include such notice as a

part of the written sales transaction. Likewise, the subdivider shall also

retain responsibility for maintenance of such improvements on all

such lands until sale thereof is made.

Improvements Bond

1. No final certificate of occupancy/compliance for a commercial,

residential, or manufactured home park or planned building group

will be issued until all required site improvements have been

completed. In lieu of completion of required site improvements, the

developer of the planned group may enter into a contract with

Franklin County providing for the installation of required

improvements within a designated period of time. Performance of

said contract shall be secured by a cash or surety bond which will

cover the total estimated cost of the improvements as determined

by Franklin County. Certification of Electric Utilities

2. A written statement by the utility company, authorized to serve the

subdivision, stating their commitment to install electric utilities with

projected completion dates may be accepted in lieu of guarantees

set forth in this subsection.

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APPLICATION OF REGULATIONS

Minimum Regulations

Regulations set forth by this Ordinance shall be minimum regulations.

In instances where the standards in this ordinance are at odds with

each other, the more restrictive or higher standards shall govern. This

may be modified by the standards established in certain zoning overlay

districts herein.

If the requirements set forth in this Ordinance are inconsistent with the

requirements of any other lawfully adopted uses, regulations, or

ordinances, the more restrictive or higher standard shall govern.

Covenants

Unless restrictions established by covenants with the land are prohibited by

or contrary to the provisions of this Ordinance, nothing herein contained

shall be construed to render such covenants inoperative.

Exemption for Bona Fide Farms

Pursuant to G.S. § 160D-903, standards in this Ordinance may be limited in

their effect on bona fide farms, but any use of such property for non-farm

purposes shall be subject to these regulations.

INTERPRETATION OF REGULATIONS

The Administrator is responsible for interpretations of this Ordinance.

Interpretation of Words

For the purposes of this Ordinance, certain words shall be interpreted as

follows. Except as defined herein, all other words used in this Ordinance

shall have their customary dictionary definition.

As used in this Ordinance, words importing the masculine gender

include the feminine and neuter.

Words used in the singular in this Ordinance include the plural and

words used in the plural include the singular.

Words used in the present tense include future tense.

The word “person” includes a firm, association, organization,

corporation, company, trust, and partnership as well as an individual.

The word “may” is permissive and usually discretionary.

The words “may not” are always mandatory or indicate a prohibited

action.

The word “shall” is always mandatory and not merely directive.

The word “used for” shall include the meaning “designed for.”

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The words “used” or “occupied” shall mean “intended, designed, and

arranged to be used or occupied.”

The word “lot” shall include the words “plot,” “parcel,” “site,” “tract,”

and “premises.”

The word “structure” shall include the word “building.”

The words “Board of Commissioners,” “Board of County

Commissioners,” “BOC,” or “BOCC” shall mean the “Board of

Commissioners of Franklin County, North Carolina.”

The words “Planning Board” shall mean the “Franklin County Planning

Board.”

The word “County” shall mean “Franklin County,” a county of the State

of North Carolina, and usually refers to that portion of the County that

is unincorporated and under the jurisdiction of the BOCC.

The words “zoning map,” and “Franklin County Zoning Map” shall mean

the “Official Zoning Map for Franklin County, North Carolina.”

The words “Board of Adjustment” or “BOA” shall mean the “Franklin

County Board of Adjustment.”

Interpretation of Boundaries

Where district boundaries prove to be uncertain as to their location on the

Official Zoning Map, the following rules shall apply:

Unless otherwise specifically indicated, where district boundaries are

indicated on the zoning map as approximately parallel to or following

the center line of a street, highway, railroad right-of-way, utility

easement, streambed or riverbed, or such lines extended, then such

lines shall be construed to be such district boundaries.

Boundaries indicated as approximately following platted lot lines shall

be construed as following such lot lines.

Boundaries indicated as approximately following town limits or other

political jurisdictional boundary shall be construed as following those

boundaries.

Interpretations of the location of floodway and floodplain boundary

lines may be made by the Administrator.

Computation of Time

Unless otherwise specifically provided, the time within which an act is to

be done shall be computed using business days – days that the County

is “open” and conducting regular transactions and business. Generally

speaking, this includes all week days (Monday through Friday),

excluding legal holidays.

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Unless otherwise specifically provided, whenever a person has the right

or is required to do some act within a prescribed period after the service

of a notice or other paper upon him and the notice or paper is served

by mail, three days shall be added to the prescribed period.

Computation of Requirements

Unless otherwise specified, any mathematical computation of a

standard or amount shall be carried to the first or second decimal

rounded to the nearest whole number. The direction of rounding (up or

down) shall be construed to be the more stringent or higher standard.1

TRANSITIONAL PROVISIONS

Applications Submitted Before Adoption or Amendment of this UDO

Per G.S. § 160D-108, any complete application submitted before the

effective date that this Ordinance is amended may be completed in

conformance with applicable standards, permits, and conditions of the

regulations in effect at the time of application’s submission. The

applicant may choose which version of the Ordinance (in its entirety)

that they prefer their application to be reviewed under. Any

development applications submitted after the effective date of

amendment of this UDO must be reviewed under the terms of the

amended Ordinance. Plans approved prior to the effective date of the

amendment of this UDO shall be subject to vested rights and permit

choice as described in G.S. § 160D-108.

Zoning District Conversions

Where a planned unit development, special use district, or conditional

use was approved prior to the effective date of this Ordinance, the

provisions of this Ordinance will apply to the extent that they do not

conflict with the conditions granted under such approvals or standards

established in G.S. § 160D-108.

Pursuant to Section 2.9(b) of S.L. 2019-111, any Conditional Use Permit

approved prior to the adoption of this subsection that is valid and legal

as of the June 1, 2021 is hereby transformed into an identical Special

Use Permit on that same date, subject to all established conditions and

applicable standards of this ordinance.

1 For instance, if the standard is 1.3 parking spaces per dwelling and 4 dwellings are present, the

required number of parking spaces is 6, because 1.3 x 4 = 5.2, and the 0.2 parking space

remainder is rounded up to the next integer (equaling a total of 6 parking spaces required). If

calculating allowable density on a tract of 3.6 acre land that allows 4 dwelling units per acre,

the allowable homes for that tract would be 14 homes (3.6 acres x 4 homes per acre = 14.4,

which gets rounded down to 14).

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Pursuant to Section 2.9(b) of S.L. 2019-111, any conditional use zoning

district, or Planned Development districts that is valid and legal as of

June 1, 2021 is hereby transformed into an identical Conditional Zoning

District on that same date, subject to all established conditions and

applicable standards of this ordinance.

Nonconformities

Nonconformities under the previous Ordinance may continue under this

Ordinance, as defined in Article 2.

Replacement of Official Zoning Map

In the event that the Official Zoning Map becomes damaged, destroyed,

lost, or difficult to interpret, the Board of Commissioners may by ordinance

adopt a new Official Zoning Map, which shall be the same in every detail

as the map it supersedes. The new map shall bear the signatures of the

current Chairman and Clerk and shall bear the seal of the County under

the following words: “This is to certify that this Official Zoning Map

supersedes and replaces the Official Zoning Map adopted (date of

adoption of Map replaced).” The date of adoption of the new Official

Zoning Map shall be shown also.

RULES AND REQUIREMENTS FOR REVIEW BODIES

Oath of Office

Pursuant to G.S. § 160D-309, all members of appointed boards shall qualify

by taking an oath of office, prior to assuming their duties.

Conduct for Members

The following rules of conduct apply to the Planning Board, Board of

Adjustment, and Watershed Review Board.

Members of the Board may be removed by the County governing

board for cause, including violation of the rules stated below:

1. Faithful attendance at meetings of the board and conscientious

performance of the duties required of members of the board may be

considered a prerequisite to continuing membership on the board.

Any member that misses more than 3 consecutive, regularly

scheduled meetings, or more than 4 meetings in a calendar year,

shall be dismissed from the board.

2. No board member shall vote on any matter that decides an

application or appeal unless he/she had attended the public

hearing on that application or appeal.

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Conflicts of Interest

Pursuant to G.S. § 160D-109, elected or appointed officials shall not engage

in decision making where a conflict of interest exists, including where a

close family member might benefit from the decision.

REVIEW BODIES

Board of County Commissioners

The BOCC is responsible for the duties outlined in this UDO, including

Article 4, Review Procedures.

Planning Board

Composition

1. The Planning Board shall consist of 7 members, each which is a

resident of the County.

2. The initial appointments shall be made according to the following

terms:

a. 3 members for 1 year.

b. 2 members for 2 years.

c. 2 members for 3 years.

d. Thereafter, all new terms shall be for 3 years, and members may

be reappointed.

3. Their successors shall be appointed for terms of three years.

Vacancies occurring for reasons other than expiration of terms shall

be filled for the period of the unexpired term. Vacancies shall be filled

by the Board of County Commissioners.

4. Faithful attendance at the meetings of the Board is considered a

prerequisite for the maintenance of membership on the Board.

Failure to attend 3 consecutive meetings may be deemed adequate

cause for summary removal from the Planning Board of the Board of

County Commissioners.

Rules for Proceeding of the Planning Board

1. Within 30 days after appointment, the Planning Board shall meet and

elect a chairperson and create and fill such offices as it may deem

necessary. The term of the chairperson and other officers shall be 1

year, with eligibility for reelection. The Board may adopt rules for

transaction of its business and shall keep a record of its members'

attendance and of its discussions, findings and recommendations,

which record shall be a public record. The Board shall meet, and all

of its meetings shall be open to the public. A quorum shall consist of

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a majority of members present, provided that at least 5 are present,

for the purpose of taking any official action required by this

Ordinance. All members of the Board shall have voting power on all

matters of business. However, any member who is a party at interest

to matters under consideration by the Board shall declare such

interest prior to a vote of the Board on the question and shall abstain

from voting on the question. This provision shall not prohibit such

members from participation in discussions of the Board on such

matters prior to the vote.

2. Members of the Planning Board may receive a per diem in such

amount as shall be established by the Board of County

Commissioners and travel expenses not to exceed the amounts

provided by G.S. § 138-5 for attendance at official meetings and

conferences; provided such per diem of travel is authorized by the

Board of County Commissioners.

3. Members of the Planning Board shall not vote on recommendations

regarding any zoning map or text amendment where the outcome

of the matter being considered is reasonably likely to have a direct,

substantial, and readily identifiable financial impact on the member,

and shall disclose any such conflicts of interest prior to voting on any

such matter. This provision shall not prohibit affected board members

from participation in discussions of such matters prior to a vote.

Powers and Duties

1. It shall be the function and duty of the Planning Board to make

comprehensive surveys and studies of existing conditions and

probable future developments and prepare such plans for physical,

social, and economic growth, as will best promote the public health,

safety, morals, convenience, or the general welfare as well as

efficiency and economy in the development of the County.

2. In general, the Planning Board shall have the power and duty to:

a. Review of land use and development applications as described

in Article 4, Review Procedures.

b. Prepare, review, maintain, monitor, and periodically update and

recommend to the governing board a Comprehensive

Development Plan, and such other plans as deemed

appropriate, and conduct ongoing related research, data

collection, mapping, and analysis

c. Facilitate and coordinate citizen engagement and participation

in the planning process

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d. Develop and recommend policies, ordinances, administrative

procedures, development regulations, and other means for

carrying out plans in a coordinated and efficient manner

e. Advise the Board of County Commissioners concerning

implementation of, including plans, including but not limited to,

review and comment on al zoning text and map amendments as

required by G.S. § 160D-604

f. Exercise any functions in the administration and enforcement of

various means for carrying out plans that the Board of County

Commissioners may direct

g. Perform any other related duties that the Board of County

Commissioners may direct

h. Review and make recommendations to the Board of County

Commissioners upon the extent, location, and design of all public

structures and facilities, on the acquisition and disposal of public

properties, on the opening, abandonment, widening, extension,

narrowing or other change to streets and other public ways, on

the construction, extension, expansion or abandonment of utilities

whether publicly or privately owned. However, in the absence of

a recommendation from the Board after the expiration of 30 days

from the date on which the question has been submitted in writing

to the Board, the Board of County Commissioners may, if it deems

wise, take final action.

i. With the concurrence of the Board of County Commissioners,

enter into and carry out contracts with any other municipality,

county, or regional council or planning agency under which it

agrees to furnish technical planning assistance to the other local

governments or planning agency. The Planning Board with the

concurrence of the Board of County Commissioners may enter

into and carry out contracts with any other city, county, or

regional planning agency under which it agrees to pay the other

local government or planning agency for technical planning

assistance.

j. Conduct such public hearings as may be required to gather

information necessary for the drafting, establishment, and

maintenance of the development plan

k. Promote public interest in and an understanding of its

recommendations, and to that end it may publish and distribute

copies of its recommendations and may employ such other

means of publicity and education as it may deem necessary

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l. Attend planning conferences or meetings of planning institutes or

hearings upon pending planning legislation, and the County may,

depending upon the availability of funds, pay the reasonable

traveling expenses incidental to such attendance

Provision for Technical and Support Staff

The County, to ensure that the efforts and recommendations of the

Planning Board may be carried out, is responsible for providing such

technical and clerical support staff as may be necessary, and as agreed

upon by the Planning Board and the Board of County Commissioners.

Board of Adjustment

Composition

1. The Board of County Commissioners shall create a Board of

Adjustment consisting of 5 members. The initial appointment to the

Board of Adjustment shall be as follows:

a. 2 members shall be appointed for 3-year terms.

b. 2 members shall be appointed to 2-year terms.

c. 1 member shall be appointed for a 1-year term.

d. Thereafter, all new terms shall be for 3 years, and members may

be reappointed.

e. The Board of Commissioners shall also appoint 2 alternate

members to serve in the absence of regular members. Both the

initial appointment and new terms shall be for 3 years, and

alternate members may be reappointed. Each alternate

member, while attending any regular or special meeting of the

Board of Adjustment and serving in the absence of any regular

member, shall have and may exercise all the powers and duties

of a regular member.

Rules for Proceedings of the Board of Adjustment

1. The Board shall adopt rules governing its organization and for all

proceedings before it. Such rules shall provide and require the

following in addition to such other rules and regulations the Board

shall adopt:

a. The Board shall elect a chairman and a vice-chairman on an

annual basis.

b. The secretary for the BOA shall be the Planning Staff and shall

keep detailed minutes of the proceedings. The minutes shall

contain relevant facts and testimony of each appeal, the vote of

each member on each appeal, abstention from voting, and

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attendance. The minutes shall contain the signature of the

secretary and the chairman.

c. No appeal may be heard unless a quorum is present. A quorum

shall consist of 5 members in attendance.

d. The notice shall be given to all parties having interest in an

evidentiary hearing.

e. Any interested party may appear in person, by agent or by

attorney, to offer evidence and testimony relative to an appeal.

f. A member of the Board or any other body exercising the functions

of a Board of Adjustment, including the Board of County

Commissioners, shall not participate in or vote on any quasi-

judicial matter in a manner that would violate affected persons'

constitutional rights to an impartial decision maker. Impermissible

conflicts include, but are not limited to, a member having a fixed

opinion prior to hearing the matter that is not susceptible to

change, undisclosed ex parte communications, a close familial,

business, or other associational relationship with an affected

person, or a financial interest in the outcome of the matter. If an

objection is raised to a member's participation and that member

does not recuse himself or herself, the remaining members shall by

majority vote rule on the objection.

Powers and Duties

1. As described in this Ordinance in general and in Article 4, Review

Procedures, in particular.

Technical Review Committee

Composition

The Administrator shall designate a Technical Review Committee

consisting of the Planning Director (acting as chairperson), Public Utilities

Director, and any other County officials, state officials (e.g., NCDOT,

NCDEQ, USPS), and any other professional or outside agency

representative that the Administrator deems necessary for the

professional review of land use and development proposals.

Duties

The Technical Review Committee shall have those powers and duties

enumerated in Article 4, Review Procedures.

Watershed Review Board

Composition

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1. The Board of Adjustment shall also be empowered to act as the

County’s Watershed Review Board with the same membership, term,

quorum, and other applicable standards as for the BOA.

Rules of conduct shall follow those as required of the Franklin County

Board of Adjustment in addition to any standards described herein.

Members of the Board may be removed by the County Governing

Board for cause, including violation of the rules stated below:

1. Faithful attendance at meetings of the Board and conscientious

performance of the duties required of members of the Board shall be

considered a prerequisite to continuing membership on the Board.

2. No Board member shall take part in the hearing, consideration, or

determination of any case in which he/she is personally or financially

interested. A Board member shall have a "financial interest" in a case

when a decision in the case will result in one or more of the following:

a. Cause him/her or his/her spouse to experience a direct financial

benefit or loss

b. Will cause a business in which he/she or his/her spouse owns a 10%

or greater interest, or is involved in a decision-making role, to

experience a direct financial benefit or loss. A Board member

shall have a "personal interest" in a case when it involves a

member of his/her immediate family (i.e., parent, spouse, or

child).

3. No Board member shall discuss any case with any parties thereto

prior to the public hearing on that case; provided, however, that

members may receive and/or seek information pertaining to the

case from the Administrator or any other member of the Board, its

Secretary, or Clerk prior to the hearing.

4. Members of the Board shall not express individual opinions on the

proper judgement of any case prior to its determination on that case.

5. Members of the Board shall give notice to the Chairman at least 48

hours prior to the hearing of any potential conflict of interest which

he/she has in a particular case before the Board.

6. No Board member shall vote on any matter that decides an

application or appeal unless he/she had attended the public

hearing on that application or appeal.

Powers and Duties of the Watershed Review Board

1. Administrative Review

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The Watershed Review Board shall hear and decide appeals from

any decision or determination made by the administrator in the

enforcement of this Ordinance.

2. Variances

The Watershed Review Board shall have the power to authorize, in

specific cases, minor variances from the terms of this Ordinance as

will not be contrary to the public interests where, owing to special

conditions, a literal enforcement of this Ordinance will result in

practical difficulties or unnecessary hardship, so that the spirit of this

Ordinance shall be observed, public safety and welfare is secured,

and substantial justice done. In addition, the County shall notify and

allow a reasonable comment period for all other local governments

having jurisdiction in the designated watershed where the variance

is being considered.

a. Applications for a variance shall be made on the proper form

obtainable from the administrator and shall include the following

information:

i. A site plan, drawn to a scale deemed appropriate by the

Administrator, indicating the property lines of the parcel upon

which the use is proposed, any existing or proposed structures,

parking areas and other built-upon areas, existing topography,

and proposed grading and surface water drainage. The site

plan shall be neatly drawn and indicate north point, name and

address of person who prepared the plan, date of the original

drawing, and an accurate record of the later revisions.

ii. A complete and detailed description of the proposed

variance, together with any other pertinent information which

the applicant feels would be helpful to the Watershed Review

Board in considering the application.

iii. The Administrator shall notify in writing each local government

having jurisdiction in the watershed. Such notice shall include

a description of the variance being requested. Local

governments receiving notice of the variance request may

submit comments to the administrator prior to a decision by the

Watershed Review Board. Such comments shall become part

of a record of proceedings of the Watershed Review Board.

b. Before the Watershed Review Board may grant a variance, it shall

make the following findings, which shall be recorded in the

permanent record of the case, and shall include the factual

reasons on which they are based:

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i. There are practical difficulties or unnecessary hardships in the

way of carrying out the strict letter of the ordinance. In order

to determine that there are practical difficulties or unnecessary

hardships, the Board must find that the 5 following conditions

exist:

A) If he/she complies with the provisions of the ordinance, the

applicant can secure no reasonable return from, or make

reasonable use of, his/her property. Merely proving that the

variance would permit a greater profit to be made from the

property will not be considered adequate to justify the

Board in granting a variance. Moreover, the Board shall

consider whether the variance is the minimum possible

deviation from the terms of the Ordinance that will make

possible the reasonable use of the property.

B) The hardship results from the application of the Ordinance

to the property rather than from other factors such as deed

restrictions or other hardship.

C) The hardship is due to the physical nature of the applicant's

property, such as its size, shape, or topography, which is

different from that of neighboring property.

D) The hardship is not the result of the actions of the applicant

who knowingly or unknowingly violates the Ordinance, or

who purchases the property after the effective date of this

Ordinance, and then comes to the Board for relief.

E) The hardship is peculiar to the applicant's property, rather

than the result of conditions that are widespread. If other

properties are equally subject to the hardship created in

the restriction, then granting a variance would be a special

privilege denied to others, and would not promote equal

justice.

ii. The variance is in harmony with the general purpose and intent

of the Ordinance and preserves its spirit.

iii. In the granting of the variance, the public safety and welfare

have been assured and substantial justice has been done. The

Board shall not grant a variance if it finds that doing so would

in any respect impair the public health, safety, or general

welfare.

3. In granting the variance, the Board may attach thereto such

conditions regarding the location, character, and other features of

the proposed building, structure, or use as it may deem advisable in

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furtherance of the purpose of this Ordinance. If a variance for the

construction, alteration or use of property is granted, such

construction, alteration or use shall be in accordance with the

approved site plan.

4. The Watershed Review Board shall refuse to hear an appeal or an

application for a variance previously denied if it finds that there have

been no substantial changes in conditions or circumstances bearing

on the appeal or application.

5. A variance issued in accordance with this Section shall be

considered a watershed protection permit and shall expire if a

building permit or watershed occupancy permit for such use is not

obtained by the applicant within 6 months from the date of the

decision.

6. If the application calls for the granting of a variance, and if the

Watershed Review Board decides in favor of the granting the

variance, the Board shall prepare a preliminary record of the hearing

with all deliberate speed. The preliminary record of the hearing shall

include:

a. The variance application

b. The hearing notices

c. The evidence presented

d. Motions, offers of proof, objections to evidence, and rulings on

them

e. Proposed findings and exceptions

f. The proposed decision, including all conditions proposed to be

added to the permit

7. The preliminary record shall be sent to the Environmental

Management Commission for its review as follows:

a. If the commission concludes from the preliminary record that the

variance qualifies as a major variance and the following are true:

i. The property owner can secure no reasonable return from, nor

make any practical use of the property unless the proposed

variance is granted.

ii. The variance, if granted, will not result in a serious threat to the

water supply, then the Commission shall approve the variance

as proposed or approve the proposed variance with

conditions and stipulations. The Commission shall prepare a

Commission decision and send it to the Watershed Review

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Board. If the Commission approves the variance as proposed,

the Board shall prepare a final decision granting the proposed

variance. If the Commission approves the variance with

conditions and stipulations, the Board shall prepare a final

decision, including such conditions and stipulations, granting

the proposed variance.

b. If the Commission concludes from the preliminary record that the

variance qualifies as a major variance and that either

i. The property owner can secure a reasonable return from or

make a practical use of the property without the variance.

ii. The variance, if granted, will result in a serious threat to the

water supply, then the Commission shall deny approval of the

variance as proposed.

The Commission shall prepare a commission decision and send it

to the Watershed Review Board. The Board shall prepare a final

decision denying the variance as proposed.

Appeals from the Watershed Review Board

Appeals from the Watershed Review Board must be filed with the

superior court within 30 days from the date of the decision. The decisions

by the superior court will be in manner of certiorari.

ADDITIONAL STAFF ROLES

Any additional duties for the following roles are located in Article 4, Review

Procedures and as otherwise outlined in this Ordinance.

Administrator and Planning Director

Administrator

Except as otherwise specifically provided, primary responsibility for

administering and enforcing this article may be assigned by the

Planning Director to one or more individuals. The person or persons to

whom these functions are assigned shall be referred to in this article as

the “Administrator”. The term “staff” or “planning staff” is sometimes

used interchangeably with the term “Administrator.”

Planning Director

The Planning Director is the administrative head of the Franklin County

Planning Department.

Duties

1. Administer to the Planning Board

2. Administer to the Board of Adjustment

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3. Administer to the Watershed Review Board

4. Chairperson of the Technical Review Committee

5. Maintenance of the Official Zoning Map

The Administrator shall be responsible for the maintenance and revision

of the Official Zoning Map. Upon notification by the Board of County

Commissioners that a zoning change has been made, the Administrator

shall make the necessary changes on the Official Zoning Map

immediately or upon the effective date of the adoption of the

amending ordinance.

Public Utilities Director

The Public Utilities Director serves on the TRC.

Floodplain Administrator

The Floodplain Administrator shall be responsible for implementing the

County’s local floodplain ordinance and ensuring that the community is

complying with minimum National Flood Insurance Program standards

and enforcing any locally imposed higher standards.

Stormwater Administrator

The Stormwater Administrator means the Administrator, or the person

designated to review and approve stormwater permits and stormwater

management plans. The Stormwater Administrator shall also be

responsible for inspecting development and enforcing the stormwater

regulations.

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