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90 <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 in Attachment 2. <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 />