HomeMy WebLinkAboutC.054.93011_0990Harmon (Equity Commercial Properties) said the new golf community would
have homes starting in the $170,000 price range, and the development would be geared
towards the "average" person.
It was the consensus of the board members to include the request on the consent
agenda due to the developers having an understanding about the impact of placing a
housing development near the solid waste facility.
Consideration of a Proposed Amendment to the Iredell County Zoning
Ordinance Section 11.16 -Signs Permitted Without a Permit: County Attorney Bill
Pope joined the commissioners for a brief review of this amendment and the zoning
violation of the Shepherds Volunteer Fire Department.
Chairman Tice asked Mr. Pope if the board of commissioners had a right to
intervene in the fire department matter since the next step, after the board of adjustment
variance denial, was Superior Court.
Pope said there was case law from the N.C. Court of Appeals indicating the
county would not prevail in a suit against the fire department for its non -conforming
sign.
Commissioner Johnson said the board of adjustment was not a legislative body.
He said the board of commissioners was a legislative body, and as such, could amend
the ordinance.
Chairman Tice asked if the board of commissioners would amend the ordinance
for other businesses.
Johnson said this would be the commissioners' prerogative.
County Manager Mashburn said there was precedent exempting governmental
entities from the sign ordinance, and the fire department was serving a public purpose.
Commissioner Norman asked Attorney Pope what the county's options were.
Attorney Pope said that until a judge rendered a verdict, the options were
somewhat unclear.
Chairman Tice said she had received numerous calls regarding the matter. She
said that if the county amended the ordinance, the action would occur strictly for the fire
department.
Pope said he didn't see it that way. He said the amendment would be done to
conform with state case law.
Commissioner Johnson said the likelihood of a similar situation occurring with
another entity was unlikely. Johnson said he was in favor of the amendment because of
(1) the legal advice and (2) the sign (Shepherd's) was not hurting anyone.
Commissioner Williams said he didn't have a problem with signs, but he felt
that if the county had an ordinance, it needed to be applied fairly.
Chairman Tice asked about the county paying to have the sign removed and then
re -erected to conform with the ordinance.
County Manager Mashburn requested that if a vote occurred about the sign
ordinance amendment, that direction be given on how the staff should proceed with the
fire department.