Amending Oriental's Zoning Law

Of all of Oriental's ordinances, the most consequential by far is the Growth Management Ordinance (GMO). The GMO has the greatest effect on the look and feel of the town, the value of real estate, the possibilities of real estate development, and the opportunities for the town's growth.

North Carolina General Statutes rightly provide explicit rules for initial adoption of a zoning ordinance and its subsequent amendment. The goal of these rules is to foster an open process and provide members of the public meaningful opportunities to make their views and wishes known.

In discussions about zoning, we hear frequent admonitions that we must be friendly to business - after all, businessmen and real estate developers invest a lot of money in their projects.

It is worth remembering that, for most of our residents, their home represents the largest investment they will ever make. Maintaining the value of that investment as well as the look and feel of their neighborhoods is often of supreme importance to them.

The town's planning board, made up of volunteers, has significant responsibilities to advise the town's board of commissioners on zoning matters. They are, in effect, the substitute for what, in a larger municipality would be the town's planning department. But they are an advisory board. Both NCGS and our GMO make it clear that the board of commissioners is not bound by the planning board's recommendations.

The Town Board is, after all, the governing body.

Last Tuesday night's kerfuffle between the planning board and the town board shouldn't have happened. In one case, the town board rejected the request for a public hearing on a proposed new section 88. In another case, the town board tabled a motion to schedule a public hearing for a seven-page (single-spaced) complete rewrite of Article XV of the GMO, so that board members would have time to compare the proposed draft with what exists now.

There is a widespread misconception that "tabling" a motion is a back door means of killing it. Not so. Properly used, tabling a motion is appropriate whenever the proposal is seen as not quite ready for a vote (as in not being understood by the board members) or it may even provide an opportunity to build stronger support for the measure. In any event, I believe it is inappropriate (except in case of a quasi-judicial proceeding) to schedule a public hearing on a draft ordinance unless a majority of the board has reviewed the draft and is comfortable putting it before the public. Those conditions did not exist last Tuesday.

I have a number of problems with the draft amendments, including the form of the amendments as put before the town board. I will have more to say about that later.

In the meantime, anyone with an interest in Oriental's GMO, including anyone for whom an amendment might at some time in the future jeopardize any provision of the GMO of personal importance should read the proposed amendments here.

All interested citizens should be sure to attend the public hearing now scheduled June 7.

It isn't clear to me why the planning board is in such an all-fired hurry, or what the actual problems are to which these five drafts are the purported solution.