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119th Year, 11th Issue
October 25, 2007
Sparta, NC
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Well, it's all over. The political season has ended and me and my country have, thus far, survived. ....Read More | Archives


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Press Release - Public Forum on Wind Energy Held in Mitchell County

Planners discuss land rules

By LAURA THORNBURG
Staff

Dan Abernathy addressed the Alleghany County Board of Commission Monday, discussing ordinances and presenting the planning board priorities, in search for direction from the commission. Members of the planning board, Bill Caudill and Michelle Bedsaul, also were present.

Abernathy reminded the commissioners he was merely talking about subjects the planning board wants to address. The topics range from subdivisions and developments and mobile home regulations to a highway commercial corridor and agriculture activities. Addressing subdivisions, he stated, "We believe this is the greatest impact—subdividing of land—of any activity going on in the county. At the last meeting, an issue came up about off-site advertising, billboards. In the discussion, it was pointed out that we're talking about a change of use in that particular case from agricultural land, say to a piece of property that would have a business on it, that business being outdoor advertising signs."

Abernathy commented that since that particular meeting, he had spent time reviewing current ordinances.

"I'm convinced that we have in place in the property rights protection ordinance the mechanism for putting the subdivisions under conditional use permits as well," he stated. "I've not had a chance to talk to (the) county manager or the county attorney, but the way the ordinance reads, it's very clear to me that when you take land that is vacant...and you convert that over to a subdivision, you've changed the use of that property."

He reminded the board members it was his understanding that in the property rights protection ordinance a change of use is use of property that is not identical to the most recent use of a building or piece of land.

Abernathy said there are three areas that are exempt in terms of conditional use permits: something specifically prohibited, required to obtain a conditional use permit or exempt or uses by right.

He explained, "If it's not in those three listings, then the ordinance says all of the uses including all changes of use...not specifically prohibited are required to attain a condition of use permit issued pursuant to requirements found in this ordinance.

"I feel like the property rights protection ordinance, process-wise, should dictate that a subdivision go through that process," Abernathy continued, "We have subdivision regulations which are our standards, and they go hand-in-hand.

 

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