Orange County NC Website
<br />Senate Bill 131 Session Law 2017-10 Page 9 <br />(2) A statement rejecting the zoning amendment and describing its <br />inconsistency with an adopted comprehensive plan and explaining why the <br />action taken is reasonable and in the public interest. <br />(3) A statement approving the zoning amendment and containing at least all of <br />the following: <br />a. A declaration that the approval is also deemed an amendment to the <br />comprehensive plan. The governing board shall not require any <br />additional request or application for amendment to the <br />comprehensive plan. <br />b. An explanation of the change in conditions the governing board took <br />into account in amending the zoning ordinance to meet the <br />development needs of the community. <br />c. Why the action was reasonable and in the public interest. <br />(c) Prior to consideration by the governing board of the proposed zoning amendment, <br />the planning board shall advise and comment on whether the proposed amendment is consistent <br />with any comprehensive plan that has been adopted and any other officially adopted plan that is <br />applicable. plan. The planning board shall provide a written recommendation to the governing <br />board that addresses plan consistency and other matters as deemed appropriate by the planning <br />board, but a comment by the planning board that a proposed amendment is inconsistent with <br />the comprehensive plan shall not preclude consideration or approval of the proposed <br />amendment by the governing board. <br />(d) Zoning regulations shall be designed to promote the public health, safety, and <br />general welfare. To that end, the regulations may address, among other things, the following <br />public purposes: to provide adequate light and air; to prevent the overcrowding of land; to <br />avoid undue concentration of population; to lessen congestion in the streets; to secure safety <br />from fire, panic, and dangers; and to facilitate the efficient and adequate provision of <br />transportation, water, sewerage, schools, parks, and other public requirements. The regulations <br />shall be made with reasonable consideration, among other things, as to the character of the <br />district and its peculiar suitability for particular uses, and with a view to conserving the value of <br />buildings and encouraging the most appropriate use of land throughout such city. <br />(e) As used in this section, "comprehensive plan" includes a unified development <br />ordinance and any other officially adopted plan that is applicable." <br />SECTION 2.4.(d) G.S. 160A-400.32 reads as rewritten: <br />"§ 160A-400.32. Relationship of agreement to building or housing code.code; <br />comprehensive plan amendment. <br />(a) A development agreement adopted pursuant to this Chapter shall not exempt the <br />property owner or developer from compliance with the State Building Code or State or local <br />housing codes that are not part of the local government's planning, zoning, or subdivision <br />regulations. <br />(b) When the governing board approves the rezoning of any property associated with a <br />development agreement adopted pursuant to this Chapter, the provisions of G.S. 160A-383 <br />apply." <br />SECTION 2.4.(e) Nothing in this section shall repeal, modify, or amend any prior <br />or subsequent local act giving authority to a governing board to delegate zoning decisions to a <br />planning board, planning agency, or planning commission. <br />SECTION 2.4.(f) This section becomes effective October 1, 2017, and applies to <br />proposed zoning amendment applications filed on or after that date. <br /> <br />PARENT PARCEL/SUBDIVISION CLARIFICATION <br />SECTION 2.5.(a) G.S. 153A-335 reads as rewritten: <br />"§ 153A-335. "Subdivision" defined. <br />9