Montreat Zoning

New Zoning Ordinance Approved by Town Council on June 10th

On June 10th, Montreat's Board of Commissioners voted unanimously to approve the new Zoning Ordinance proposed by the Planning and Zoning Committee, setting it to take effect on June 18th. 

In addition to the dozens of Montreaters attending the meeting in person, 77 sent in written public comments to the Commissioners. Of those, 66 specifically stressed the importance of preserving historical structures, 10 emphasized the need for environmental safeguards for large developments, and 8 called for fiscal protections for the town. Also of note, 15 expressed opposition to the MRA's planned hotel and 1 expressed support.

At the meeting, Commissioners took significant time to respond to and discuss this outpouring of public opinion. They indicated that it would not be feasible to make substantive changes at this stage, with North Carolina's July 1st deadline for a new Zoning Ordinance approaching and no specific language yet recommended by Planning and Zoning. But several Commissioners acknowledged the importance of the voiced concerns and the need to continue this conversation going forward, particularly in regard to historical preservation. 

Furthermore, thanks to the engagement and responsiveness of the Planning and Zoning Committee with concerns raised by the community at their April 8th meeting, the new Zoning Ordinance will come into effect with crucial protections for Montreat residents, property owners, and community members remaining intact.

Many Positive Changes to the Proposed Zoning Ordinance: 

Report on the Planning and Zoning Commission’s meeting of April 8th

Status of the Zoning Ordinance as of April 2021:

Montreat is required under North Carolina law to update its zoning ordinance. This must be completed and in force by July 1, 2021.  In addition, the Montreat Planning and Zoning Commission has been interested in simplifying and clarifying the zoning ordinance, which has been amended many times since the current ordinance was put in place in 1999.

Unfortunately, the process of revision of the ordinance resulted in significant substantive changes to the new proposed ordinance, including restrictions on the rights and protections of Montreat property owners and residents.  On April 5, several neighbors thus sent a 12-page letter to the Planning and Zoning Commission outlining specific concerns with the proposed new text, detailing recommendations for changes. The full April 5 letter can be seen here and a summary is provided below.  The Commission also received 19 public comment letters (read the letters here.)

The Planning and Zoning Commission met on April 8th, dedicating the bulk of the meeting to discuss these concerns.  They released a memo at the start of the meeting that responded to each of the points in the April 5th letter (see full response memo here.)  After a lengthy discussion with input from the authors of the April 5 letter and other members of the community, the Commission formally voted its support for the proposed language as set out in its memo. 

In brief, their response incorporated the great majority of the recommendations from the April 5th letter of concern:

• The rights and protections of property owners and residents were largely restored to the original language of the current zoning ordinance.

• Concerns relating to the shift in the burden of proof were addressed through clarification of the language in the new ordinance, and

• Conflict of interest protections will be included through reference to NC law.

There were three areas where the P&Z Commission did not fully accept the recommendations of the April 5th letter:

• No Process for Open Public Comment: Under the Commission’s understanding, NC law does not allow a process for prior review of special use permit applications by either the P&Z Commission or the Town Council – which would include public comments – before permit is considered by the quasi-judicial Board of Adjustment.  Any such prior discussions cannot be considered by the Board of Adjustment.  Those who appear before the Board of Adjustment hearings would be limited to those with legal standing, such as close neighbors or those who would suffer special damages. 

  • This remains a significant concern for neighbors and Montreat Stewards.  We are reviewing this through legal counsel, and will post further information here soon.

• Explicit Reference to Preserving Historic Structures:  The P&Z Commission felt that this should not be included in the zoning ordinance, and that a reference to the Comprehensive Plan was sufficient.

  • We are exploring this question further and may revert with further information.

• Specific Environmental Protections:  The P&Z Commission felt that these issues should be addressed elsewhere, outside of the zoning ordinance.  Specifically, the Commission will soon begin a review of the ordinances that govern both stormwater management and steep slope development, and the Commission urged the public to engage in these discussions when they begin. 

Background on Proposed Ordinance Changes 

On April 5, several neighbors sent a 12-page letter to the Planning and Zoning Commission outlining specific concerns with the proposed new zoning ordinance and detailed recommendations for changes to the text.  The full letter can be seen here.  The key points included are: 

Special Use Permits:  The majority of the letter focuses on the procedures for granting a “Special Use” permit in Montreat. This is a proposed replacement for the current Conditional Use permits required for certain kinds of development in areas zoned as “Institutional/Residential.”  This includes building a hotel, lodge or inn.  The area where the MRA has proposed for its new hotel is zoned as Institutional/Residential, and thus would require a Special Use permit under the new ordinance.

These changes would substantially diminish the rights of Montreat residents and property owners to oppose developments, specifically the protections for the use and enjoyment of their homes.  The new ordinance:

• Significantly reduces opportunity for public hearing and comment. Neighbors would no longer have opportunities to voice public comments to the Planning and Zoning Commission, which would no longer be involved in the permit process.

• Weakens or eliminates protections for Montreat residents, property owners, and the community, including for public health and safety.  It removes the right to "use and enjoyment" of property,  as well as requirements to limit increased traffic congestion.

• Shifts the burden of proof from Special Use applicants to those opposing the application.  Rather than requiring developers to show that their plans will not cause harm, the new ordinance assumes that permits will be granted and puts the burden of arguing objections and proving harm on Montreat residents. 

Furthermore, the letter presents three other needed additions to the proposed ordinance: 

• Conflict of interest provisions, as required by North Carolina law.

• Language to ensure that historical preservation is a factor in zoning and permitting decisions, as is stated as a clear priority in Montreat’s Comprehensive Plan.

• Specific environmental safeguards, again to reflect the recommendations of the Comprehensive Plan. 

Comparison of the exact wording of the current zoning ordinance and the proposed revision is shown below.  

Zoning Ordinance

Hotels and lodges fall under "Conditional Use" rules of the Zoning Ordinance, requiring a permit application to the Planning Commission & Zoning Board of Adjustment.  Relevant sections are highlighted in this 5-page excerpt of the Zoning Ordinance:

A Comprehensive Plan for the Town of Montreat was approved in 2008.

• ¾ of Montreat residents said “they want Montreat to remain unchanged as much as possible in the next 20 years. Such responses are deeply rooted in the experiences residents and visitors have during their time in Montreat. To preserve this unique experience is to preserve the character of Montreat, defined by the town’s natural setting, the history of its built form, and its people.”

• The same report states “ A community survey conducted in the initial data and opinion gathering process revealed preferences to maintain the community’s historical characteristics”

• “However, Montreat’s extremely large percentage of the community to be in a tax-exempt status is a burden. Single-family homeowners and the owners of vacant lots are the only real source to generate most local revenue. The increase in property values that has occurred in recent years will add potential for the town to build its tax base but the burden is squarely upon the residents and non-resident owners.”

• “If the MRA plan also called for new construction or redevelopment of some of its existing properties, the community’s appearance and quality of life could be affected. In a small town, even small decisions can have a large impact.”

• “Residential properties make up the only significant tax base in Montreat and the cost of future services will have to be balanced, at least in part, by property taxes.”

• “As a top priority to protect its character, the town should commission a study sufficient to determine what, if any, structures have historical significance at the local, state, or national level. As part of that study, an analysis can be performed to identify all ‘contributing structures’ that can result in the demarcation of areas that could be designated as historic districts.  Within these districts, architectural standards may be enforced on new and renovated structures to preserve the character of the historic district.  It is important to understand that an historic district is often viewed as a very strict form of government control.”

• “Montreat’s buildings of historic value are not adequately protected.”

Resources for the Town of Montreat:

• Board of Commissioners (Town Council)

• Zoning: map, ordinance and comprehensive plan

• Advisory Boards and Committees: 

  • • Committees reviewing conditional use permits include the Planning & Zoning Commission and the Zoning Board of Adjustment

    • Montreat Landcare Committee