Zoning

Considering the community interest expressed in the Bull at the Corner Butcher Shop, a review of questions raised and the process to resolve them might be useful.

Why is the life-size figure of a bull being treated as a " sign"?

The Ordinance defines a sign as " Any form of publicity or advertising which is designed to be visible from any public way, directing attention to an individual business"... etc. ( excerpt from Sec. 420).

Why can't a Sign Permit be issued without delay?

Most are, but when an application cannot be certified meeting all conditions of the Ordinance, a permit cannot be issued and an application must be heard and divided by the Board of Adjustment. The Town Council can change an Ordinance but Councils and Zoning Administrators do not have and should not have the authority to grant exceptions to an existing Ordinance or to impose any conditions on a permit. ( See Article 1400)

Why hasn't the Ordinance been amended to accommodate non-traditional signs before now?

3-D and electronic changing signs are new to our area. Drafting a new Ordinance section from scratch involves technical research plus legal research & drafting in addition to the usual amendment process. Small and medium size communities usually seek a " model" to build on, such as larger City Ordinances which have some case law to support them. Research by the N.C. Dept. Commerce, Div. of Community Assistance in Asheville has not yet produced a suitable " model". Why didn't this issue go to the Board of Adjustment in Nov? There are 3 ways to get an issue before the Board. ( See Article 1400)

(1) A variance which seeks an exception to the DImensional standards in the Ordinance, such as size, height or set-backs. The current issues does not involve dimensional standards.

(2) Appeal the Administrator's interpretation of the Ordinance provisions. An appeal is narrowly focused on the Ordinance text and would not hear information needed to decide a 3-D sign issue. Its finding would be limited to decided if the 3-D figure is covered by the Sign Ordinance.

(3) A Special Exception " A use that would not be appropriate generally or without restriction." " but which, if controlled as to number, area, location or relation to the neighborhood, " may be permitted " if specific provision for such special exceptions is made in this zoning Ordinance." The Town is the Process of creating a Special Exception for signs. The P & Z Board and the Mayor recommend this. The Council has agreed to hold a Public Hearing, required under state law, on 12/10/07 at 4:0 p.m. followed by a vote at 5 p.m. on the same date. This hearing and vote will not decide the current 3-D sign issue, it will decide if it can go before the Board of Adjustment.

If the Sign Special Exception provision is passed, the Board of Adjustment can hear an application for a permit on 12/ 18/07 at 6 p.m. This Board is authorized by state law to gather evidence, take worm testimony, decide an issue and improve conditions. The Board's decisions can be appealed to a Court of Law, although this has not happened in the history of our Board.

While this process may seem lengthy, it insures that the applicant is treated fairly and everyone concerned about an issue receives adequate notice of all proceedings.

This process also provides all those interested an opportunity to observe and participate as provided under state law.

Regarding the Town's appointed Boards, both are currently fully staffed but there is a need for alternate members as follows: County appointed alternates: (1) for the Board of Adjustment (1) for the Planning & Zoning Board. They must reside within the Extraterritorial Jurisdiction ( approx. a one mile radius around Town Limits). contact County Manager Paul Leek.

Town Appointed Alternates: (1) for Planning & Zoning Board, Contact Peggy Evans, Town Clerk. Full text of the Zoning and Sign Ordinance is available at Town Hall and the Moss Memorial Library. George Schaaf, Zoning Administrator of the Town of Hayesville, NC

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