§160A-387. Planning board; zoning plan; certification to city counci In order to initially exercise the powers conferred by this Part, a city council shall create or designate a planning board under the provisions of this Article or of a special act of the General ‘Assembly. The planning board shall prepare or shall review and comment upon # proposed zoning ordinance, including both the full text of such ordinance and maps showing proposed district boundaries, The planning board may hold public hearings in the course of preparing the ordinance. Upon completion, the planning board shall make a written recommendation regarding adoption of the ordinance to the city council. The city council shall not hold its required public hearing or take action until it has received a recommendation regarding ordinance from the planning board. Following its required public hearing, the city council may refer the ordinance back to the planning board for any further recommendations that the board ray wish to make prior to final action by the city council in adopting, modifying and adopting, or rejecting the ordinanee. ‘Subsequent to initial adoption of a zoning ordinance, all proposed amendments to the zoning ordinance or zoning map shall be submitted to the planning board for review and comment. If no written report is received from the planning board within 30 days of referral of the amendment to that board, the governing board may proceed in its consideration of the amendment without the planning board report, The governing board is not bound by the recommendations, if any, of the planning board. (1923, c. 250, s. 6; C.S., s. 2776(w); 1967, « 1208, s. 2; 1971, ¢, 698, s. 1; 1973, ¢. 426, 5. 60; 1977, c. 912, s 8; 2005-418, s, 7(8).) Se GS. 1608-387 Page |AN ORDINANCE ADOPTING CERTAIN AMENDMENTS TO THE UNIFIED DEVELOPMENT ORDINANCE FOR THE TOWN OF FRANKLIN. WHEREAS, there was adopted a unified development ordinance for the Town of Franklin, by unanimous vote of the Board of Aldermen, at its regular meeting held on the 1* day of October, 2007; and WHEREAS, the Acts of the State Legislature of the State of North Carolina empower and authorize the Legislative Body of this Town to adopt ordinances, and to revise, amend, augment, recodify and restate ordinances adopted pursuant to that authority; and WHEREAS, the Legislative Body of the Town of Franklin deems it necessary and expedient to adopt certain amendments to the unified development ordinance for the Town of Franklin, and has considered adoption of the same after due advertisement and public hearing; NOW, THEREFORE, BE IT ORDAINED by the Board of Aldermen of the Town of Franklin that: Seetion 1, §152.161 of the Unified Development Ordinance is hereby amended to read as follows’ “§152.161 APPLICATION. ‘Such-epplieation shall-be-filed-not-less-than- 30 days prierte the Planning ‘Board's meeting-at which the applieation-isto-be considered: ...” Section 2, Except as specifically amended herein, the said §152.161 shall remain as previously enacted. ‘Section 3, Said ordinance shall be deemed published as of the day of its adoption and ‘approval by the Town Legislative Body and the Clerk of the Town of Franklin is hereby authorized and ordered to file @ copy of said ordinance in the Office of the Town Clerk. Section 4. Said ordinance shall be in full force and effect immediately on the date of its publication and filing thereof in the Office of the Clerk, and said ordinance shall be presumptive evidence in all courts and places of the ordinances and all provisions, Sections, penalties and regulations therein contained and of the date of passage, and that the seme is properly signed, attested recorded and approved and that any public hearings and notices thereof as required by law have been given.ADOPTED: This 3" day of February, 2014, upon motion by Alderman , seconded by Alderman and having been approved bya vote of___in favor and_ against. TOWN OF FRANKLIN By: ___. as Robert 8. Seatt, Mayor ATTEST:38K for setbick and yard, height, open space, buffers, screening, patking, density and for area required in this ordinance for the zoning classification in which the lot is loeted. (B) Tf oompliance of the structure(s) intended on the nonconforming ict with applicable setback requirements i not reasonably possible, the nonconforming lot may be used a8 2 building site subject fo the granting of a varince from such stack requirements by the Board of Adjustment in accurdarce with the provisions of $§ 152,070 - 152.078, (© Wit regard to residential dwellings, variances authorized pursuact to division (B), above, shall be limited t2 singlevfamily dwellings. Two-family or multi-farily residential dwellings shall not be eotited to such a variance, (D) Where « nonconforming lot abuts another lot of reeerd (whether conforming ot nonconforming) held in the samme ownership ator subsequent to enactment of tis section, such lots shall be combined or recombined as necessary to fom a conforming lot or lots and shall cot thereafter be subdivided except in compliance with all ofthe requirements ofthis chapter. Where a nonconforming lot was created by pubic tking acon or asa result of a court onde, the above conbinationor recombination of lot shall not be required (Ord. passed 1041-07) § 192.154 REPAIRS AND MAINTENANCE. Minor repairs to and routine maintenance of land, buildings, stmctures, or other development of land devoted 10 1 nencoaforming use ot having nonconforming structures are emitted, povided the cost of such repaits and maintenance within any I2-month period does uot exoeed 10% of the ‘cuientessesed taxable value of the land, buildings, stuctue, for other development of land. Any structure or other evelopment of land devoted to a nonconforming use that is echved unsafe by the Land Use Administrator because of lick of repsirs and maintenance shall not be restored, repaited, recanstructed, or used except in conformity with the provisions of this section. Any structure or other development of lind devoted to a nonconforming use that és decbred unsafe by the Land Use Administrator, but aot becatse of lack of repairs and maintenance, may be sepaired snd restored subject 10 the requirements ofthis section, (Ord. passed 10-1-07) 2015 $11 Franklin -Land Usage AMENDMENTS § 152.160 INITIATION OF AMENDMENTS. ‘This Unified Development chapter, including. the zoning map, may be amended only by the Board of Aldennen Changes or amendments may be initiated by the Board of Aldermen, the Planning Board, the Board of Adjustment, town staff or by ove or more privat citizens (Ged, passed 10-1.07) § 152.161 APPLICATION. ‘An application for any amendment shall contain @ escripion andlor sttement of the present and proposed ‘zoning regulation or disict boundary to be applied, the ames and addresses of the owner or owners of the lot in question, the wae of each adjacent property and such ober information as may be requested by the Land Use ‘Administrator, fan application is denied, no aplication for any change in the zoning regulations applicable to the sane ‘property or any part thereof sll be filed until the expiration ‘of one year from the date of firal determination by the Board ‘of Aldermen. Proved, however, the one-year waiting period shall not be applicable to the rezoning of aor any part of property previously considered by the Board of Aldermen Where the new epplication requests assignment of diferent zoning district clasifieaton (Ord pased 10-1-07; Am. Ord, passed 2-3-4) § 152162 FRB. A fee shall be pad to the Town of Franklin for each pplication for an amendment to cove the cost of advertising and olher administrative expenses. The fee shall be etermined by a resolution of the Board of Aldermen and may be amended at any ime in like manner. (Ord, passed 10-1407) § 152.163 PROCESSING OF APPLICATION. ‘An application for amendment shall be processed in sccordance withthe provisions ofthis section. (A) Action by tie Planning Board. The Planing Board shall consider and make recommendations te the Board of Aldermen conceming each proposed