NORTH CAROLINA GENERAL ASSEMBLY

1963 SESSION

 

 

CHAPTER 486

SENATE BILL 47

 

 

AN ACT TO REWRITE CHAPTER 700 OF THE 1949 SESSION LAWS OF NORTH CAROLINA RELATING TO THE PLANNING, ZONING, SUBDIVISION, AND BUILDING CONTROL AUTHORITY OF THE CITY OF GASTONIA.

 

The General Assembly of North Carolina do enact:

 

Section 1. Authority. For the purpose of promoting the orderly growth, expansion, and development of the City of Gastonia and the surrounding territory hereinafter defined and for the purpose of promoting the health, safety, morals, and welfare of the citizens of such area, the City Council of Gastonia is hereby authorized to exercise any planning, zoning, subdivision, and building regulation powers (including plumbing, heating, or electrical regulation powers)          now or hereafter conferred upon the City of Gastonia and vested in the city council by its Charter, the General Statutes, or any other statute applicable to the City of Gastonia, not only within the corporate limits of the city but also within the territory beyond the corporate limits, as now or hereafter fixed, for a distance of one mile in all directions. Any ordinance intended to be applicable beyond the corporate limits of the city shall so provide. Such powers shall include the power to adopt such ordinances and regulations as may be considered necessary or expedient by the council to regulate, require, control, and restrict:

(a)       The height, number of stories, and size of buildings and other structures.

(b)       The percentage of a lot that may be occupied.

(c)       The size of yards, courts, and other open spaces.

(d)       Layout of lots and blocks.

(e)       Width and alignment of streets and alleys.

(f)        The density of population.

(g)       The location and use of buildings, structures, and land for trade, industry, residences, or other purposes.

(h)       The construction of buildings, including plumbing, heating, and electrical installations.

(i)        The approval of plats and the requirement for installation of certain improvements prior thereto.

(j)        The dedication of easements for public utilities.

(k)       The names of streets, and the city may provide street name signs in the area.

The City Council of Gastonia is authorized and ordered to enforce properly the provisions of any planning, zoning, or subdivision ordinance or building regulation to require by ordinance that prior to the beginning of any construction, reconstruction, or alteration of any building or structure, or for plumbing, heating, or electrical installations, within said area a permit or permits be obtained therefor from the Building Inspector of the City of Gastonia. All permits, plans, inspections, and fees which are specified in the Code of Ordinances of the City of Gastonia will apply to such area within one mile beyond the corporate limits.

The powers herein granted to the city council are intended to be supplementary to any powers now or hereafter conferred upon it. The exercise of powers herein granted shall be within the discretion of the council. This Section shall have no effect upon any existing city ordinances. The adoption of any ordinance under authority of this Section shall have no effect upon any litigation pending at the time of adoption of such ordinance.

Sec. 2. Planning and Zoning Commission Membership. The City of Gastonia may by ordinance create a City Planning and Zoning Commission consisting of nine members, at least two but not more than four members of which commission shall be citizens and residents of the territory beyond the corporate limits of Gastonia and within one mile thereof, and the remaining members shall be residents of the City of Gastonia. Four members of such commission, including all members who reside outside the corporate limits of the City of Gastonia and within one mile thereof, shall be appointed by the City Council of Gastonia upon recommendation of the Board of Commissioners of Gaston County. The remaining five members shall be appointed by the city council. The term of office for all members shall be determined by ordinance of the City Council of Gastonia. If a vacancy shall arise otherwise than by expiration of term, it shall be filled by appointment of the City Council of Gastonia for the unexpired term. Members may, after a public hearing, be removed for inefficiency, neglect of duty, or malfeasance in office by the city council. Members shall serve without compensation and shall not hold any other public, elective office within the city.

Sec. 3. Officers and Employees; Expenses, Appropriations. The Planning and Zoning Commission shall elect a chairman from its members and create and fill such other offices as it may determine. It may employ experts and a staff and pay for their services and such other expenses as may be necessary and proper in accordance with the budget approved by the city council and not exceeding in all, exclusive of gifts, the amount appropriated by the city council for its use.

The city council shall appropriate in the same manner as other appropriations are made such money as in its discretion is necessary for the work of the Planning and Zoning Commission. The amount so appropriated shall be assessed, levied, collected, and disbursed in the same manner as monies appropriated and disbursed for other current expenses of the city, and any donation shall be disbursed in the same manner.

Sec. 4. Powers and Duties of Planning and Zoning Commission. The Planning and Zoning Commission shall, upon its own motion or on petition, after public notice as provided by law, conduct hearings with respect to the amendment, supplement, change, modification, or repeal of any provision or regulation of the Zoning Ordinance of the City of Gastonia, and thereafter submit its recommendations and report to the city council. The Planning and Zoning Commission shall also conduct public hearings with respect to the Subdivision Ordinance as the city council by ordinance may direct.

The Planning and Zoning Commission shall cause to be made careful and comprehensive studies and surveys of present conditions and future needs of the city and the area within one mile thereof. After such studies and surveys have been made, the Planning and Zoning Commission shall make and adopt a comprehensive and coordinated plan for the zoning and regulation of the location, height, bulk, and use of buildings and other structures and the use of land within the city limits of Gastonia and within one mile thereof.

Sec. 5. Procedure for Zoning. The Planning and Zoning Commission shall conduct a public hearing as prescribed by the General Statutes of North Carolina before adopting any zoning plan for the City of Gastonia or the area within one mile thereof. At the public hearing all interested parties shall be afforded an opportunity to present their views prior to the adoption of the plan. The city council, before the adoption of the zoning plan, may change or add to the plan; and, if it is deemed in the public interest, the city council may conduct a public hearing on such change or addition. After the zoning plan has been adopted, the city council may by ordinance, whenever and as often as it may deem it for the public interest and welfare, change or add to the plan. Before making the change or addition the matter shall be referred to the Planning and Zoning Commission for its recommendation. If the Planning and Zoning Commission shall not make its recommendation thereon within sixty (60) days after such reference, it shall be deemed to consent thereto.

Upon receipt of the recommendation of the Planning and Zoning Commission or upon the expiration of sixty (60) days after reference to the Planning and Zoning Commission, the city council shall conduct a public hearing on the proposed change. Prior to the public hearing the city council shall cause notice of the hearing to be published in a newspaper of general circulation in the city and the area within one mile thereof once a week for two (2) successive calendar weeks, said notice to be published for the first time not less than fifteen (15)           days prior to the date fixed for said hearing. At the public hearing all interested parties shall be afforded an opportunity to present their views prior to the final vote upon the ordinance provided for the change or addition.

Sec. 6. Reference of Other Matters to Planning and Zoning Commission. The city council may, by ordinance or resolution, provide for the reference of any other matter or class of matters pertaining to planning, zoning, and subdivision to the Planning and Zoning Commission before final action thereon by the city council or by other body of officers having final authority thereon with or without the provision that final action thereon shall not be taken until the Planning and Zoning Commission has submitted its report thereon or has had a reasonable time to submit its report, which time shall be fixed by ordinance.

Sec. 7. Board of Adjustment. The city council may provide for the creation and organization of a Board of Adjustment which shall:

(a)       Hear and decide appeals from, and review, any order, requirement, interpretation, decision, or determination made by the building inspector upon any provision of the Building Code or Zoning Ordinance of the city.

(b)       Hear and decide applications for special exceptions and variances in the Zoning Ordinance of the city.

The board shall consist of five members, at least one but not more than two members of which board shall be citizens and residents of the territory beyond the corporate limits of Gastonia and within one mile thereof. The City Council of Gastonia shall appoint all members and shall determine by ordinance their term of office. If a vacancy shall arise otherwise than by expiration of term, it shall be filled by appointment of the City Council of Gastonia for the unexpired term. Members may, after a public hearing, be removed for inefficiency or neglect of duty or malfeasance in office by the city council. Members shall serve without compensation.

Sec. 8. Powers and Duties of Board of Adjustment. The Board of Adjustment shall elect a chairman from its members and create and fill such other offices as it may determine. It shall have the power to fix the time and places for its meetings, to adopt necessary rules of pro­cedure, and to adopt all other rules and regulations not inconsistent here­with which may be necessary for the proper discharge of its duties; and it shall keep an accurate record of all of its proceedings.

Sec. 9. Appeals from Building Inspector. Any appeals from the building inspector to the Board of Adjustment shall be taken within such reasonable time as shall be prescribed by the board, and shall be taken by filing with the building inspector or such other person as may be des­ignated by the board a notice of appeal, which shall specify the grounds upon which the appeal is based. Upon the filing of any notice of appeal the building inspector shall forthwith transmit to the board all the papers constituting the record upon which the decision appealed from was made. When an appeal is from the decision of the building inspector refusing to allow the person aggrieved thereby to do any act, his decision shall remain in force until modified or reversed by the board. When any appeal is from a decision of the building inspector requiring the person aggrieved to do any act, the appeal shall have the effect of suspend­ing the requirement of the building inspector until the hearing by the board, unless the building inspector certifies to the board, after the notice of appeal is filed with him, that by reason of the facts stated in the cer­tificate (a copy of which shall be furnished the appellant) a suspension of his requirement would cause imminent peril to life or property, in which case the requirement shall not be suspended except by a restraining order, which may be granted for due cause shown and upon not less than one day's written notice to the building inspector, by the board or by the Superior Court of Gaston County.

The board shall fix a reasonable time for the bearing of all appeals and shall render its decision within a reasonable time. Any party may appear in person or by agent or attorney. The board may reverse or affirm, wholly or partially, or may modify the decision, order, requirement, interpretation, or determination appealed from, and may make such deci­sion and order as in its opinion ought to be made in the matter, and to that end it shall have all the powers of the building inspector; but the con­curring vote of four members of the board shall be necessary to reverse or modify any decision, order, requirement, interpretation, or determination of the building inspector. In passing upon appeals, the board shall have power not only to determine whether the decision of the building in­spector is made upon a proper construction of the pertinent provisions of the Building Code or Zoning Ordinance, but it shall have power also to allow materials and methods of construction other than those required by the Building Code to be used when in its opinion other materials and methods of construction are as good as those required by the Code; and for this purpose the requirements of the Building Code shall be considered as a standard to which construction shall conform. The board shall have the power also in passing upon such appeals, in any case where there are practical difficulties or unnecessary hardships in the way of carrying out the strict letter of the Building Code or Zoning Ordinance, to adapt the application of the Codes to the necessities of the case to the end that the spirit of the Codes shall be observed, public safety and welfare secured, and substantial justice done.

Sec. 10. Variances and Special Exceptions. The board shall conduct public hearings to pass upon any applications for special exceptions and variances in the Zoning Ordinance of the city. It shall have the power to fix a reasonable time for the hearings and shall cause notice of such public hearing to be published in a newspaper of general circulation in the city and the area within one mile thereof once a week for two (2) successive calendar weeks, said notice to be published for the first time not less than fifteen (15) days prior to the date fixed for said hearing. Any party may appear in person or by agent or attorney, and the board may make such decision and order as in its opinion ought to be made in the matter. The board shall have power, in passing upon such applications, in any case where there are practical difficulties or unnecessary hardships in the way of carrying out the strict letter of the Zoning Ordinance, to adapt the application of the Zoning Ordinance to the necessities of the case to the end that the spirit of the Zoning Ordinance shall be observed and public safety and welfare secured, and substantial justice done.

Sec. 11. Appeal from Board. Every decision of the board shall be subject to review by the Superior Court of Gaston County by proceedings in the nature of certiorari instituted within fifteen (15) days of the decision of the board, but not otherwise.

Sec. 12. Reference of Other Matters to Board of Adjustment. The city council may, by ordinance or resolution, provide for the reference of any other matter or class of matters pertaining to building regulations and zoning to the Board of Adjustment before final action thereon by the city council or by other body of officers having final authority thereon with or without the provision that final action thereon shall not be taken until the Board of Adjustment has submitted its report thereon or has had a reasonable time to submit its report, which time shall be fixed by ordinance.

Sec. 13. Jurisdiction. In the event that any portion of the territory beyond the corporate limits of the City of Gastonia and within one mile thereof comes within an area which is subject to the jurisdiction of another municipality or political subdivision of the State which has authority to exercise planning, zoning, subdivision, or building regulation powers (including plumbing, heating, or electrical regulation powers) and is exercising such jurisdiction, then the authority herein granted to City of Gastonia, to the extent that any conflict of jurisdiction may exist, shall not attach unless and until the governing body of such other municipality or political subdivision shall relinquish jurisdiction over said portion of said territory by resolution or ordinance of its governing body or board, or by repealing the regulations which it has adopted, and any such governing body or board is hereby authorized to pass or enact a resolution or ordinance relinquishing such jurisdiction. Except as otherwise herein provided, the authority hereby given to City of Gastonia shall become effective immediately upon the adoption by the city council of an ordinance making such territory subject to its authority.

Sec. 14. Authority to Require Installation of Improvements Prior to Plat Approval. In connection with subdivision or platting controls, the city council may require the improvement and grading of streets, including the construction and installation of street pavements and storm drainage systems, according to approved engineering plans and street profiles, as a condition precedent to approval of the plat. The requirement may provide for tentative approval of the plat prior to such improvement and installation; but any such tentative approval shall not be entered on the plat. The requirements may provide that in lieu of completion of the work and installations prior to final approval of a plat, the council may accept a bond, in an amount and with surety and condition satisfactory to it, providing for and securing to the city the actual construction and installation of the improvements and utilities within a period specified by the council and expressed in the bond. The city is empowered to enforce the bond by all appropriate legal and equitable remedies. Requirements adopted under this subsection may be applied throughout the area over which the city is authorized by law to exercise platting or subdivision controls.

Sec. 15. All laws and clauses of laws in conflict with this Act are hereby repealed.

Sec. 16. This Act shall be in full force and effect from and after its ratification.

In the General Assembly read three times and ratified, this the 22nd day of May, 1963.