Please note: This document is intended as a layman’s explanation and not a legal interpretation, nor is it meant to be all encompassing.

The Chatham County Board of Commissioners holds Public Hearings every other month (January, March, May, July, September and November) on the third Monday of the month at their 6 :00 p.m. meeting.  These Public Hearings provide an opportunity for citizens, developers and experts to comment on the various aspects of an ordinance change, development proposals, grant funding request, etc.

 Frequently, these Public Hearings for major development proposals (both residential and commercial) consist of two hearings:

 1.  HEARING FOR A ZONING REQUEST

Chatham County has numerous ordinances on their books.  The zoning ordinance is specific as to which areas are zoned, for example: Ind H - heavy industrial, Ind L - Light industrial, RA 40 residential-agricultural, RA5 residential- agricultural, O&I - Office and Institutional, B1 - General Business District, Compact Community, etc.  Generally, Chatham County is zoned from its eastern border with Wake County to Rt 87.   The zoning ordinance is quite detailed and specifies what type of development may be placed in the specific area.

 When a proposed development does not meet the specifics of the zoning ordinance, the developer requests a Zoning Ordinance change or modification and a Public Hearing is held on this ordinance change.  This hearing is legislative in nature and all citizens are invited to participate.  Citizens can state their opinions about the proposed zoning change.  These opinions do not require sworn testimony, and should pertain to the zoning change rather than any specific development.  The Commissioners should take the public opinion into their deliberations when they consider changing the zoning for a specific area.

 See the Chatham County web site at www.co.chatham.nc.us  Under Planning for the specific ordinances of the County.

 2. HEARING ON A REQUEST FOR A CONDITIONAL USE PERMIT

This hearing is for a specific development.  It is called a Quasi Judicial hearing and citizens who speak at this hearing are required to present sworn testimony relevant to the proposed development.  These facts may relate to the fiscal, environmental and traffic impacts of the proposed development along with testimony on any other issues.  This testimony is subject to cross examination.

 On the basis of the sworn testimony and other evidence presented at the hearing, the Commissioners before approving the development, must determine that it satisfies five specific findings set out in the ordinance.  Such determination can be appealed to the State judicial system.  The five findings are:

          Finding #1: The use requested is among those listed as an eligible conditional use in the district in which the subject property is located or is to be located.

          Finding #2: States that the requested conditional use permit is either essential or desirable for the public convenience or welfare.

          Finding #3: States that the requested permit will not impair the integrity or character of the surrounding or adjoining districts, and will not be detrimental to the health, safety, or welfare of the community.

          Finding #4: States that the requested permit is consistent with the objectives of the Land Use Development Plan.

          Finding #5: Requires that adequate utilities, access roads, storm drainage, recreation, open space, and other necessary facilities have been or are being provided consistent with the County’s plans, policies and regulations.

 All residential developments must also comply with the Subdivision Ordinance, all State and Local permits for wastewater and storm water, all building codes and obtain all building permits.  Commercial developments are, of course, excluded from the Subdivision Ordinance but must comply with the other requirements.

 Frequently, development proposals require a change in zoning, as well as a Conditional Use Permit and are subject to both a re-zoning and a Quasi Judicial Public Hearing.

 DEVELOPMENT IN UN-ZONED PORTIONS OF THE COUNTY

A large portion of Chatham County is un-zoned.  When a residential development is intended for an un-zoned portion of the County, it must comply with the Subdivision Ordinance, all building codes,  have all the necessary Chatham County building permits, and County permits or State permits for wastewater and storm water discharges.  Commercial developments are excluded from the Subdivision Ordinance.  These developments not subject to a legislative hearing, a Conditional Use Permit or the five findings.  Because the development is intended for an un-zoned portion of the County, there is no requirement for a Public Hearing.  However, the Board of Commissioners and/or the Planning Board may elect to entertain citizen input sessions on the proposed development.

 DEVELOPMENTS WHICH COMPLY WITH CURRENT ZONING

These developments generally do not require any public hearings since they comply with the current zoning and meet the listed permitted uses contained within that ordinance.  They must, however, comply with the other building and permitting requirements and are reviewed by the Planning Board and Planning Department before approval by the Board of Commissioners.

RELATIONSHIP TO TOWNS

The Towns of Pittsboro, Siler City and Goldston and their Extra Territorial Jurisdictions (ETJ) are subject to their own requirements and are not reviewed by the County.  Therefore, they are not part of the process as described.