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.
Black Mountain News, June 24, 2021:
Montreat commission finalizes zoning ordinances
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.
CURRENT - Conditional Use Permit (501)
A permit issued by the Zoning Board of Adjustment for a use which is permitted in a Zoning District, subject to review and approval by the Board of Adjustment. The Conditional Use Permit shall be issued only when the specific conditions and review procedures set forth in this ordinance are met to maintain and protect the health, safety and general welfare of persons residing in the area, and to insure the compatibility of the use with adjacent properties and within the entire community of Montreat.
NEW - Special Use Permit (201)
A permit issued by the Board of Adjustment that authorizes the recipient to make use of property in accordance with the requirements of this Ordinance and any additional requirements imposed by the Board of Adjustment.
CURRENT - Purpose (800)
The purpose of this Article is to insure there is adequate review and control of various specific uses or developmental proposals that may have a direct influence or impact upon neighboring or contiguous land uses. This review is intended to aid in protecting the private and public values and interests in such land uses whether residential, institutional, or commercial in nature.
NEW - Purpose (310.61)
Permitted Special Uses add flexibility to the Zoning Ordinance. Subject to good planning and design standards, certain Uses of property are allowed in specified Districts where those Uses would not otherwise be acceptable. By means of controls exercised through the Special Use Permit procedures, Uses of property, which would otherwise be undesirable in certain Districts, can be developed to minimize any harmful effects they might have on surrounding properties.
CURRENT - Review by the Planning Commission (802.4)
All documents and other data submitted by the applicant on behalf of the Conditional Use Permit shall be transmitted to the Planning Commission.
The Planning Commission, at regular meetings, shall review applications for Conditional Use Permits and other submitted documents and information and shall determine whether a recommendation to the Board of Adjustment is appropriate.
All meetings of the Planning Commission shall be open to the public. At a meeting, any party may appear in person, by agent, or by attorney.
No member of the Planning Commission shall participate in a matter in which he or she has any conflict of interest.
Following a determination by the Planning Commission that an application should be recommended to the Board of Adjustment, the Planning Commission shall transmit all documents and data pertinent to the application to the Board of Adjustment for final action.
NEW - Procedures for Special Use Permits (310.62)
All applications for Special Use Permits shall be submitted in accordance with application requirements. Once the application has been determined complete, the Zoning Administrator shall forward the application to the Chair of the Board of Adjustment.
CURRENT - Standards (801)
No Conditional Use Permit shall be recommended by the Planning Commission unless the Commission shall find that:
1) The establishment, maintenance, or operation of the conditional use will not be detrimental to or endanger the public health, safety, morals, comfort, or general welfare;
2) The conditional use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted nor substantially diminish and impair property values within the neighborhood;
3) The establishment of the conditional use will not impede the normal and orderly development and improvement of the surrounding property for uses permitted in the Zoning District;
4) The exterior architectural appeal and functional plan of any proposed Structure will not be so at variance with the exterior architectural appeal and functional plan of the Structures already constructed or in the course of construction in the immediate neighborhood or with the character of the applicable District as to cause a substantial depreciation in the property values within the neighborhoods;
5) Adequate utilities, access roads, drainage and/or other necessary facilities have been or are being provided;
6) Adequate measures have been or will be taken to provide ingress and egress so designed as to minimize traffic congestion in the public streets;
7) Off-street parking shall be provided in accordance with Article IX; and Montreat Zoning Ordinances Article VIII: Conditional Uses
8) The conditional use shall, in all other respects, conform to the applicable regulations of the Zoning District in which it is located, except as such regulations may, for each case, be modified by the Zoning Board of Adjustment pursuant to the recommendations of the Planning Commission.
NEW - Standards (310.63)
The Board of Adjustment shall approve the requested permit unless it concludes, based upon the information submitted at the hearing, that:
(1) The requested permit is not within its jurisdiction according to the Table of Permissible Uses; or
(2) The application is incomplete; or
(3) If completed as proposed in the application, the development will not comply with one or more requirements of this Ordinance.
Even if the Board of Adjustment finds that the application complies with all other provisions of this Ordinance, it may still deny the permit if it concludes, based upon the information submitted at the hearing, that if completed as proposed, the development, more probably than not:
(1) Will materially harm the public health or safety; or
(2) Will substantially injure the value of adjoining or abutting property; or
(3) Will not be in harmony with the area in which it is to be located; or
(4) Will not be in general conformity with the land development plan or other plans officially adopted by the Board of Commissioners.
The burden of presenting a complete application to the Board of Adjustment shall be upon the applicant. However, unless the Board informs the applicant at the hearing in what way the application is incomplete and offers the applicant an opportunity to complete the application (either at that meeting or at a continuation hearing), the application shall be presumed to be complete. Once a completed application has been submitted, which shall include a presentation by the applicant, if competent, material and substantial evidence that the applicant has complied with the requirements of the ordinance, made a "prima facie" (based on immediate impression) case with respect to Use, specific findings, and is entitled to a permit, the burden of presenting competent, material and substantial evidence "contra" to the application rests with those parties opposed to the application.
The burden of persuasion on the issue of whether the development, if completed as proposed, will comply with the requirements of this Ordinance remains at all times on the applicant. The burden of persuasion on the issue of whether the application should be turned down for any of the reasons set forth in Subsection 619.37* rests on the party or parties urging that the requested permit should be denied.
*Subsection 619.37 does not exist
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:
Montreat Conditional Use Zoning Requirements.pdfA 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