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or superseded, the Ordinance shall be deemed amended to refer to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the superseded section.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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UNIFIED DEVELOPMENT ORDINANCE 1-3
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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ESTABLISHMENT AND ADMINISTRATION
FRANKLIN COUNTY, NORTH CAROLINA
UNIFIED DEVELOPMENT ORDINANCE 1-4
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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ESTABLISHMENT AND ADMINISTRATION
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UNIFIED DEVELOPMENT ORDINANCE 1-5
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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UNIFIED DEVELOPMENT ORDINANCE 1-7
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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UNIFIED DEVELOPMENT ORDINANCE 1-8
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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UNIFIED DEVELOPMENT ORDINANCE 1-9
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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UNIFIED DEVELOPMENT ORDINANCE 1-10
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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FRANKLIN COUNTY, NORTH CAROLINA
UNIFIED DEVELOPMENT ORDINANCE 1-11
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
ARTICLE 1
ESTABLISHMENT AND ADMINISTRATION
FRANKLIN COUNTY, NORTH CAROLINA
UNIFIED DEVELOPMENT ORDINANCE 1-16
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
ARTICLE 1
ESTABLISHMENT AND ADMINISTRATION
FRANKLIN COUNTY, NORTH CAROLINA
UNIFIED DEVELOPMENT ORDINANCE 1-17
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:
ARTICLE 1
ESTABLISHMENT AND ADMINISTRATION
FRANKLIN COUNTY, NORTH CAROLINA
UNIFIED DEVELOPMENT ORDINANCE 1-18
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
ARTICLE 1
ESTABLISHMENT AND ADMINISTRATION
FRANKLIN COUNTY, NORTH CAROLINA
UNIFIED DEVELOPMENT ORDINANCE 1-19
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
ARTICLE 1
ESTABLISHMENT AND ADMINISTRATION
FRANKLIN COUNTY, NORTH CAROLINA
UNIFIED DEVELOPMENT ORDINANCE 1-20
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
ARTICLE 1
ESTABLISHMENT AND ADMINISTRATION
FRANKLIN COUNTY, NORTH CAROLINA
UNIFIED DEVELOPMENT ORDINANCE 1-21
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.