§ 153A-344. Planning board; zoning plan; certification to board of commissioners.
§ 153A‑344. Planning board; zoning plan;certification to board of commissioners.
(a) To initially exercise the powers conferred by this Part, acounty shall create or designate a planning board under the provisions of thisArticle or of a local act. The planning board shall prepare or shall review andcomment upon a proposed zoning ordinance, including both the full text of suchordinance and maps showing proposed district boundaries. The planning board mayhold public hearings in the course of preparing the ordinance. Upon completion,the planning board shall make a written recommendation regarding adoption ofthe ordinance to the board of commissioners. The board of commissioners shallnot hold the public hearing required by G.S. 153A‑323 or take action untilit has received a recommendation regarding the ordinance from the planningboard. Following its required public hearing, the board of commissioners mayrefer the ordinance back to the planning board for any further recommendationsthat the board may wish to make prior to final action by the board in adopting,modifying and adopting, or rejecting the ordinance.
Subsequent to initial adoption of a zoning ordinance, all proposedamendments to the zoning ordinance or zoning map shall be submitted to the planningboard for review and comment. If no written report is received from theplanning board within 30 days of referral of the amendment to that board, theboard of county commissioners may proceed in its consideration of the amendmentwithout the planning board report. The board of commissioners is not bound bythe recommendations, if any, of the planning board.
(b) Amendments in zoning ordinances shall not be applicable orenforceable without consent of the owner with regard to buildings and uses forwhich either (i) building permits have been issued pursuant to G.S. 153A‑357prior to the enactment of the ordinance making the change or changes so long asthe permits remain valid and unexpired pursuant to G.S. 153A‑358 andunrevoked pursuant to G.S. 153A‑362 or (ii) a vested right has beenestablished pursuant to G.S. 153A‑344.1 and such vested right remainsvalid and unexpired pursuant to G.S. 153A‑344.1. (1959, c. 1006, s. 1; 1965, c. 194, s. 3; 1973, c. 822, s. 1; 1979, c.611, s. 3; 1985, c. 540, s. 1; 1989 (Reg. Sess., 1990), c. 996, s. 5; 2005‑418,s. 7(b).)