BC 1990 07 23 - Laserfiche WebLink

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457 criteria set forth in 9.6-1 of this Ordinance. Administrative decisions on change must be made in writing and kept on file within the Office of the Zoning Administrator. 10.13 Violation of the Terms and Conditions of an "SU" District Rezoning. A violation of a condition of rezontng to an "SU" District as set forth in the final development plan and other related official paperwork associated with such rezoning shall be treated the same as a violation of this Ordinance, subject to the same remedies and penalties. Upon determining that such a violation has occurred, the Zoning Administrator shall notify the property owner of his findings either by certified mail or in person, and set a reasonable time for the violation to be corrected or abated. When a violation is not corrected or abated within the time period set by the Zoning Administrator, the Zoning Administrator or any person aggrieved may institute injunction, mandamus, or other appropriate action in proceedings to correct or abate the violation. 10.14 Effect of Denial on Subsequent Petitions. An application for an amendment that has been denied, in whole or in part, or has been approved for a more restrictive classification than requested, shall not again be processed for consideration by the Board of County Commissioners for a one (1) year period. The Commission, after considering the advice of the Planning Board, and finding substantial changes in conditions or circumstances bearing on the application, may waive the one (1) year period. This restriction shall not apply to any amendment or petition submitted by the Planning Board, Planning Staff or the Board of County Commissioners. (2) Petition 90-06(t). Planning and Zoning Department. To add Section 3.13, "River/Stream Overlay Zone" to strengthen protection of rivers and streams within the County. The Planning Board voted 4-0 to recommend approval of this petition with some minor additions. Mr. Mike Byrd, Planning staff member, briefly reviewed the proposed amendment establishing a "River/Stream Overlay Zone". Mr. F. A. Rankin questioned the requirements of the proposed overlay zone and asked if the zone would remain in existence if the Mitigation Plan for the proposed Coddle Creek Reservoir project is not approved by State and Federal agencies. Mr. John Motley and Mrs. Bobbie Motley, owners of a farm located on Rocky River, questioned the impact of the proposed amendment on their family's ability to continue to sell sand from the river. It was noted that the Motley's business as it currently exists would be exempt as a non-conforming use since the business was in operation prior to adoption of the River/Stream Overlay Zone. Mr. Ralph Bonds objected to the restriction of the proposed overlay zone and stated in his opinion it would be better for the County to buy additional swamp land to meet mitigation requirements for the Coddle Creek Reservoir. In response to questions raised by Mr. F. A. Rankin, Mr. Paul Watson, Engineer with HDR Engineering, Inc., reported that he had received notification that the Environmental Protection Agency had withdrawn their objections to the Mitigation Plan for the Coddle Creek Reservoir project. There was no one else present to speak either for or against the proposed amendment, and Chairman Lentz closed the public hearing for Petition 90-06(t). UPON MOTION of Commissioner Simmons, seconded by Commissioner Melvin and unanimously carried, the Board approved Petition 90-06(t) to amend the Zoning Ordinance as follows. 3.13 River/Stream Overlay Zone (RSOZ) Ail rivers or streams shown on USGS Quadrangle Maps as a solid blue line shall be subject to these requirements. RSOZ Purpose: A strip of land adjacent to a stream or river retained in its natural vegetation or revegetated or reforested by appropriate perennial vegetation to avoid erosion problems will reduce the velocity of overland flow, trap sediment and soil eroded from cropland or land being developed, and limit other pollutants from entering the waterway. As such, water quality is given another check of control. Effect On Bona Fide Farms: While North Carolina law exempts bona fide farms from local zoning regulations, the County strongly encourages the use of best management practices in farming. A stream buffer is one of these such practices and is therefore consistent with North Carolina Sediment Control Law and thus