Despite an ongoing court case that will determine the legality of a law aimed at stripping the town of Boone’s extraterritorial jurisdiction powers, county officials continue to prepare for the change over in oversight.

County commissioners will convene at 8:30 a.m. Tuesday in the county administration building on proposed amendments to the High Impact Land Use ordinance and an ordinance to regulate loud disturbing noise and activities in the former ETJ.

North Carolina Session Law 2014-33 abolished the town’s ETJ powers. The town of Boone has appealed that law and was granted a temporary injunction. The case is ongoing.

Despite the injunction, the planning board deemed it necessary to update both ordinances regardless of the court case, according to the county manager’s office.

If the board adopts changes to the ordinances, the county would be prepared to assume control over the ETJ.

Under proposed changes to the HILU, Category One and Two properties, which includes asphalt plants, cement mixing facilities, quarries/stone crushers, automotive graveyards, and junk scrap yards have been added to the list of regulated uses.

If the amendment to the HILU passes, these properties and uses must be setback 100 feet back from side and rear property lines. These properties would also have to be setback 185 feet from the edge of travel area of all public roads, the proposed amendment reads.

Changes to spacing requirements under the HILU include the regulation that these properties (Categories 1-2) may not be established within 1,500 feet of a public or private educational facility, child care facility, licensed assisted living facility, nursing home, public outdoor recreation area or religious facility.

Asphalt plants, cement mixing facilities and quarries/stone crushers may not be established within 500 feet of a dwelling, the amendment reads. In order to establish required spacing, measurements will be made in a straight line, without regard to intervening structures or objects, from the nearest portion of the building, structure, or outdoor storage area utilized by one of the land uses, the nearest portion of the dwelling, the proposed changes read.

The noise ordinance was a complete re-write as the last modification occurred in 1986.

After Tuesday’s presentation by the planning board, commissioners could schedule a work session, public hearing or a joint meeting with the planning board.

Law, however, requires a public hearing, before any changes to the ordinances become official.

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