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23 <br />B. RATIONALE <br />1. Purpose /Mission <br />In accordance with the provisions of Section 2.8 Zoning Atlas and Unified <br />Development Ordinance Amendments of the UDO, the Planning Director has <br />initiated text amendment(s) to incorporate recent changes in State Law, specifically <br />Session Law 2013 -126, related to the processing and review of variance, <br />interpretation /appeal, and special use permit applications by the Board of Adjustment <br />(BOA). <br />The Session Law modifies and updates procedural and notification requirements for the <br />various applications reviewed by the BOA, including: <br />1. Allowing for a simple majority vote on appeal and special use permit <br />applications. The General Statutes previously required a four - fifths vote of <br />BOA members to grant on all applications before them. <br />It should be noted variance requests are still required to be approved by a <br />four -fifths vote. <br />2. Adds new language spelling out the local government's responsibility for <br />informing a property owner of public hearings dates /times. <br />3. Adds new language establishing the manner in which planning decisions can <br />be advertised. We now have an option of posting a sign on a property where <br />a zoning decision /determination has been made. <br />This is in furtherance of allowing for a broader `notification' of planning <br />decisions to the general public. <br />4. Clarifies deadlines for filing appeals of BOA decisions with Superior Court. <br />5. Modifies language establishing the criteria for the issuance /denial of a <br />variance. <br />A copy of the Session Law can be found at the end of this form. <br />2. Analysis <br />As required under Section 2.8.5 of the UDO, the Planning Director is required to: <br />`cause an analysis to be made of the application and, based upon that analysis, <br />prepare a recommendation for consideration by the Planning Board and the Board of <br />County Commissioners'. <br />The amendments are necessary to ensure our process is consistent with recent changes <br />in State Law. <br />It should be noted staff is not proposing modifications of existing notification standards. <br />State law, for example, requires we notify adjacent property owners of a hearing by the <br />BOA on a variance, appeal, or special use permit 10 days prior to said meeting via first <br />class mail. <br />The County currently sends this notice via certified mail 15 days prior to the hearing. We <br />will not be changing this requirement as part of this amendment process. <br />2 <br />