(a)

The procedures for all applications have the following common elements:

(1)

Submittal of a complete application, which includes the required fee payment as well as all necessary information;

(2)

Review of the completed application by appropriate staff and boards;

(3)

Action to approve, approve with conditions, or deny the application; and

(4)

If approved, issuance of a permit.

(5)

Applications, plan requirements, plat certificates for all residential and nonresidential development are located in the procedures manual. Development types, open space illustrations, connectivity and circulation, site and building design along with photographs and graphics are located in the design manual. These manuals are separate documents, which supplement the unified development ordinance. The manuals may be amended from time to time by the planning director as an administrative function where the modifications or amendments are not inconsistent or in conflict with the intent of the UDO. The design manual is not part of the regulatory requirements of the UDO.

(b)

Pre-application conference. The applicant should meet with the planning director to discuss the nature of the proposed application, application compatibility with current adopted plans and policy, application submittal requirements, the procedure for action, and the standards for evaluation of the application. While not mandatory, this process can be extremely helpful to the applicant in expediting the application process.

(Ord. No. 2021-05, 6-21-2021)

(a)

A concept site plan must be submitted to the applicable board for a conditional zoning district or special district rezoning in accordance and in conformance with the procedures manual.

(b)

The concept site plan must depict internal relationships between or among uses and activities proposed and their supporting systems and facilities, and relation to surrounding uses, activities, systems, and facilities.

(c)

Concept site plans must include data reasonably necessary for the board of commissioners to determine whether the proposed development meets the general requirements, limitations, and intent for a conditional zoning or special district request.

(d)

Upon approval of the concept site plan by the board of commissioners, a detailed site plan must be submitted in conformance with section 44-317 and the procedures manual for a zoning authorization permit to be administratively approved.

(e)

Changes in approved concept site plans.

(1)

The planning director may approve minor changes to concept site plans, as long as they are in harmony with the action of the board of commissioners and provided that:

a.

All applicable regulations in effect at the time of the establishment of the district are met; or

b.

All applicable regulations currently in effect are met. Minor changes are those changes that do not meet the criteria established in subsection (2) below for an amendment.

(2)

An amendment to the concept site plan requires approval by the board of commissioners and shall be handled as a new application.

a.

The planning director will use the following criteria in determining whether a proposed change is an amendment. If any of the following criteria are met, the change constitutes an amendment:

1.

Any increase in intensity of use which means an increase in:

i.

Usable floor area by more than ten percent;

ii.

Number of dwelling or lodging units by more than ten percent; or

iii.

Outside land area devoted to sales, displays, or demonstrations.

2.

Any change in parking areas resulting in an increase or reduction of more than ten percent in the number of spaces approved by the board of commissioners;

3.

Structural alterations affecting the basic size, form, style, and the like of the building, as shown on the approved concept site plan;

4.

A ten percent or more decrease in the amount or location of open space, recreation facilities, or landscape screens; or

5.

Substantial changes in pedestrian or vehicular access or circulation.

b.

If the planning director determines that the proposed action is an amendment, the applicant shall be required to file a request for approval of the amendment, which shall follow the procedures for the original request.

(Ord. No. 2021-05, 6-21-2021)

A development or subdivision may be constructed in phases, provided that:

(1)

A phasing plan shall be submitted showing any proposed phases of development; and

(2)

The degree and extent of road construction, water supply, sewage disposal, landscaping, parking, stormwater management, erosion and sedimentation control and other required improvements in the current phase, and previously approved phases, must be sufficient to serve or handle all development within the current phase.

(3)

In lieu of providing the improvements noted in subsection (b) above, the applicant may post a performance guarantee as provided for in section 44-361.

(4)

For subdivisions:

a.

A subdivision phase must contain at least three lots; and

b.

The amount of any required open space on a per-lot basis in a particular phase, including the current or any previously approved phase, is at least proportional to the open space requirements of the whole development. The approving authority has the right to grant a waiver on the proportional open space provided based on a phasing schedule.

(5)

Any phasing extensions or expirations are subject to the requirements of section 44-359.

(Ord. No. 2021-05, 6-21-2021)

(a)

Generally. The planning director shall review any application required by this chapter for completeness. An application is not deemed complete unless all the information required by this chapter and the procedures manual is included and all filing fees have been paid. Current application materials are available in the planning department.

(b)

Time periods. Whenever this article establishes a time period for processing an application, such time period shall not commence until the planning director has reviewed such application for completeness in order to determine whether the application has been properly submitted and the applicant has corrected all deficiencies in the application. Review for completeness is solely for the purpose of determining whether preliminary information required for submission with the application is sufficient to allow further processing and shall not constitute a decision as to whether the application complies with the provisions of this chapter.

(c)

Scheduling of review board consideration.

(1)

A complete application must be submitted a minimum of 45 days prior to the regularly scheduled meeting of the applicable board where the request is considered.

(2)

If the application is determined not to be complete, the planning director will specify those parts of the application that are incomplete and indicate the manner in which they can be made complete. The applicant will be furnished with a list and thorough description of the specific information needed to submit a complete application.

(3)

Upon receipt of any missing materials or required fee, a new 45-day period may begin.

(d)

Effect of completeness determination. The applicant must submit all information as specified in this chapter and in the procedures manual. The department or the reviewing agency may, in the course of processing the application, request the applicant to clarify or correct the information required for the application.

(e)

Appeal of planning director's decision regarding completeness review.

(1)

For purposes of this section, the boards referenced below are referred to as the "appellate board."

(2)

All decisions of the planning director pertaining to completeness review may be appealed pursuant to section 44-202 as follows:

a.

The board of adjustment will address completeness appeals of: detailed site plans, zoning authorization permits, zoning compliance certificates, zoning amendments, conditional districts, special use permits, variances and nonconformities.

b.

The subdivision review board will address completeness appeals on subdivision sketch and preliminary plat applications.

(Ord. No. 2021-05, 6-21-2021)

No application, subject to this chapter, shall be accepted unless it is accompanied by all required fees established by the board of commissioners. Before any zoning authorization permit or zoning compliance certificate can be issued covering building or other operations regulated by this chapter, the applicant must pay a fee in an amount fixed by the board of commissioners.

(Ord. No. 2021-05, 6-21-2021)

Applicability. This section applies to any permitting action subsequent to approval of any detailed site plan as set forth in section 44-317. Administrative permits and certificates include:

(1)

Zoning authorization permits, section 44-318; and

(2)

Zoning compliance certificates, section 44-319.

(Ord. No. 2021-05, 6-21-2021)

(a)

Detailed site plan approval. Detailed site plans shall be administratively approved for the following:

(1)

Any nonresidential, duplex or multifamily application for a zoning authorization permit.

(2)

Any supplemental use regulations as required in article VI and that is permitted by right in the applicable zoning district; or

(3)

A concept site plan previously approved by legislative or quasi-judicial board action.

(b)

Procedures for administrative detailed site approval.

(1)

The applicant is encouraged to attend an informal pre-application meeting with the planning director before filing a detailed site plan application.

(2)

An application for detailed site plan approval must be filed with the planning director and must include information listed in the procedures manual.

(3)

The application shall be reviewed for completeness under section 44-303.

(4)

On receipt of the detailed site plan application, the planning director shall review the application and notify the applicant in writing of any discrepancies between the detailed site plan and the requirements of this chapter. The notification may include any suggested minor changes and conditions needed to achieve compliance with this chapter without constituting an amendment requiring further board action. If necessary, the applicant must submit a revised detailed site plan to the planning director. The planning director shall approve, approve with conditions, or disapprove the detailed site plan.

(Ord. No. 2021-05, 6-21-2021)

(a)

Applicability.

(1)

A zoning authorization permit is required for all residential and nonresidential development regulated under this chapter, including developments approved by legislative or quasi-judicial board action.

(2)

No new development activity, change of use or extension of existing uses shall occur until all permits applicable to the proposed development are issued.

(3)

A zoning authorization permit is required prior to beginning excavation, construction, moving, or alteration except ordinary repairs. Repairs or alterations within a flood plain are subject to a zoning authorization permit.

(b)

Criteria.

(1)

All zoning authorization permit applications must be made in writing to the planning director on forms provided for that purpose. The planning director will keep a record of all applications on file.

(2)

Every application for a single-family residential zoning authorization permit for construction, moving, alteration, or change in type of use must include a plot plan drawn to scale, showing the following in sufficient detail to enable the planning director to ascertain whether the proposed work or use is in conformance with this chapter:

a.

The actual shape, location, and dimensions of the lot, or if the lot is not a lot of record, sufficient data must be provided to detail that the lot is a legally approved lot; and

b.

The shape, size, and location of all buildings or other structures to be erected, altered, or moved and of any other buildings or other structures already on the lot; and

c.

The existing and intended use of the lot and all structures upon it; and

d.

Other information concerning the lot, adjoining lots, or other matters to determine compliance with this chapter. The zoning authorization permit must include necessary information for the planning director to make a determination that the plans are in conformance with this chapter.

(3)

When two or more lots are proposed for one zoning authorization permit, a recorded deed must be submitted combining the lots into one zoning lot.

(4)

A parcel of land created by deed recorded after July 31, 1982, shall not be occupied until such lot has a subdivision plat approved by the county in accordance with the subdivision regulations that were in place at the date of the creation of the deeded lot.

(5)

A legal lot created and recorded on or before March 18, 1996, must have an access easement which has been recorded in the office of the register of deeds. The easement must be a minimum of 15 feet in width and connect to a state-maintained road.

(6)

A legal lot created and recorded after March 18, 1996 must have a minimum 45-foot right-of-way connecting to a state-maintained road. A legal lot created and recorded after March 20, 2017 must have an NCDOT approved right-of-way connecting to a state-maintained road. An exception to this requirement is lots created for an estate settlement or lots exempt from subdivision regulations in accordance with subsection 44-341(a), which must have a minimum 15-foot access easement as required in subsection (5) above.

(7)

A zoning authorization permit will not be issued for a principal or accessory residential structure within a recorded platted easement, such as a common area or lake access lot. An exception is allowed for a boat dock, boathouse or community recreation facility in association with the intended purpose of the recorded easement.

(8)

A zoning authorization permit must be issued before the issuance of environmental health and building permits.

(c)

Issuance.

(1)

The planning director shall consult with applicable agencies, including but not limited to, the county engineer, the county division of environmental health, NCDOT, and NCDENR.

(2)

The planning director shall not issue a zoning authorization permit unless a determination is made that all plans, specifications, and the intended use of the structures and land subject to the application conform in all respects to this chapter.

(d)

Administrative decisions.

(1)

Administrative decisions are routine, non-discretionary, zoning, or implementation matters carried out by the staff, including issuance of permits for permitted uses. The planning department is an administrative agent following the literal provisions of this chapter.

(2)

The planning department may engage in some fact finding, (for example, as in making an initial determination as to whether a nonconforming use was in existence at the time a zoning provision was adopted). This involves determining objective facts that do not involve an element of discretion.

(3)

In contrast to quasi-judicial hearings, administrative decisions are made without a hearing at all, with the staff member reviewing an application to determine if it is complete and compliant with objective standards set forth in this chapter.

(e)

Expiration. Zoning authorization permits expire one year after the date of issuance unless a valid building permit has been issued for the work authorized by the zoning authorization permit. When a building permit expires, the zoning authorization permit shall also automatically expire.

(Ord. No. 2021-05, 6-21-2021)

No building, structure, or zoning lot for which a zoning authorization permit has been issued, with exception of a single-family dwelling, can be used or occupied until the planning director has issued a zoning compliance certificate. The planning director shall conduct a final inspection before issuing the zoning compliance certificate to determine that all required improvements have been installed in conformance with the detailed site plan and zoning authorization permit or a performance guarantee has been approved as detailed in section 44-361. The certificate shall indicate that the building, structure, or lot complies with the zoning authorization permit and any applicable sections of this chapter. The issuance of a zoning compliance certificate does not waive any sections of this chapter.

(Ord. No. 2021-05, 6-21-2021)

(a)

Applicability. A permit or approval issued pursuant to this division may be revoked by notifying the holder in writing stating the reason for the revocation. The county shall follow the same development review and approval process required for issuance of the development approval proposed to be revoked, including any required notice or hearing, in the review and approval of any revocation of that approval.

(b)

Grounds for revocation. A permit or approval issued pursuant to this division shall be revoked for any substantial departure from the approved application, plans, or specifications; for refusal or failure to comply with the requirements of any provision of this chapter or any state law delegated to the county for enforcement purposes in lieu of the state; or for false statements or misrepresentations made in securing the approval. A permit or approval mistakenly issued pursuant to this division in violation of an applicable state or local law may also be revoked.

(c)

Appeal. The revocation of a development approval by the planning director shall be made by using the procedure set forth in section 44-202.

(d)

Cumulative right. The right to revoke a permit or approval, as provided in this section, will be in addition to initiation of enforcement actions under G.S. 160D-404 or any other provision of this ordinance.

(Ord. No. 2021-05, 6-21-2021)

(a)

Applicability. This section applies to any application to:

(1)

Amend the official zoning map (a "rezoning"); or

(2)

Change the regulations of this chapter (a "text amendment").

(b)

Initiation. A zoning map or text amendment may be initiated by the following:

(1)

The board of commissioners;

(2)

The planning board;

(3)

An application by a subject property owner; or

(4)

The planning staff.

(c)

Application. The procedure for filing for an amendment to this chapter is as follows:

(1)

Filing of applications. All applications for amendments to this chapter must be in writing, on a form prescribed by the county, signed, and filed with the planning director.

(2)

Contents of application. All applications for amendments to this chapter shall meet the concept site plan requirements as contained in the procedures manual, when applicable, and contain at least the following:

a.

If the proposed amendment would require a change in the official zoning map to change only a portion of an existing parcel, a fully dimensional map showing the portion of the parcel covered by the proposed amendment;

b.

If applicable, a detailed statement of any alleged error in this chapter which would be corrected by the proposed amendment and a detailed explanation of the manner the proposed amendment will correct the alleged error; and

c.

A detailed statement of all other circumstances, factors and reasons including a statement as to the reasonableness of the proposed zoning or text amendment, which the applicant offers in support of the proposed amendment, such as:

1.

Consistency with the comprehensive plan and other county-adopted plans;

2.

Compatibility of the proposed rezoning with the property and surrounding area; and

3.

The benefits and detriments of the proposed rezoning for the landowner, the immediate neighbors and the surrounding community.

d.

If applicable, a legal description of such land.

(d)

Completeness review. The applicant must comply with section 44-303.

(e)

Decision.

(1)

Planning director recommendation. The planning director shall accept an application if it is complete pursuant to subsection (d) above. The planning director shall then prepare and submit a written report with a recommendation to the planning board.

(2)

Planning board recommendation.

a.

The planning board shall receive the report from the planning director and conduct a public hearing on the proposed request in accordance with 44-325.

b.

After hearing presentations, the planning board must review the amendment application, staff report, and additional information and comments submitted or presented to the planning board and must recommend in writing to the board of commissioners approval or denial of the application.

c.

When conducting a review of proposed zoning text or map amendments pursuant to this section, the planning board shall advise and comment on whether the proposed action is consistent with any comprehensive plan that has been adopted and any other officially adopted plan that is applicable. The planning board shall provide a written recommendation to the county commissioners that addresses plan consistency and other matters as deemed appropriate by the planning board, but a comment by the planning board that a proposed amendment is inconsistent with the comprehensive plan shall not preclude consideration or approval of the proposed amendment by the board of commissioners. If a zoning map amendment qualifies as a "large-scale rezoning" under subsection 44-326(3), the planning board statement describing plan consistency may address the overall rezoning and describe how the analysis and policies in the relevant adopted plans were considered in the recommendation made.

(3)

Board of commissioners.

a.

If no written report is received from the planning board by the board of county commissioners within 30 days of referral of the amendment to that board, the board of county commissioners may act on the amendment without the planning board report. The board of county commissioners is not bound by the recommendations, if any, of the planning board.

b.

Prior to the public hearing, the board of commissioners shall receive a report from the planning director including an overview of public comments received at the planning board hearing along with the recommendation of the planning director and planning board. The board of commissioners shall conduct a public hearing on the proposed request in accordance with 44-325. The board of commissioners shall then take one of the following actions:

1.

Approve the application by ordinance;

2.

Approve a modified version of the application by ordinance; or

3.

Deny the application.

c.

Before completing review and making its final decision, the board of commissioners may postpone its discussion and/or action to a later meeting or refer the application back to the planning board for further consideration. In deciding whether to approve or deny an amendment application, the board of commissioners shall adopt a statement pursuant to section 44-327. The board of commissioners may adopt the statement furnished by staff, applicant, other agencies or may formulate its own statement.

(f)

Approval criteria. The board of commissioners shall, at a minimum, consider the following factors for:

(1)

Map amendment (rezoning).

a.

The size of the tract in question;

b.

Whether the proposal conforms with, and furthers the goals of, any applicable adopted comprehensive plans or other adopted plans, and the goals, objectives, and policies of this chapter;

c.

Any change of character in the area due to installation of public facilities, other zoning changes, new growth trends, deterioration, and development;

d.

The zoning districts and existing land uses of the surrounding properties, including a determination of whether the rezoning is compatible with the adjacent neighborhood, especially residential neighborhood stability and character; and

e.

A detailed statement of any alleged error on the official zoning maps which would be corrected by the proposed map amendment.

(2)

Text amendment.

a.

A detailed statement of any error in this chapter which would be corrected by the proposed amendment and a detailed explanation of the manner the proposed amendment will correct the alleged error; or

b.

Changing conditions or trends; or

c.

Whether the proposal conforms with, and furthers the goals of, any applicable adopted plans, and the goals, objectives, and policies of this chapter.

(g)

Effect of withdrawals or denials on applications.

(1)

An applicant may withdraw the application at any time by written notice to the planning director subject to the following conditions:

a.

Planning board. Any application withdrawn, prior to or after the planning board's action on the public hearing, is not subject to a 12-month waiting period for re-submittal.

b.

Board of commissioners. Any application withdrawn after the first advertisement of the board of commissioners' public hearing, or after a denial of the request may not be resubmitted within 12 months of the date of the board of commissioners' action on the public hearing, unless substantially changed.

(2)

A withdrawn or denied application must follow the procedures for a new application.

(h)

Scope of approval. A zoning text amendment or a rezoning does not authorize the development of land. The applicant or landowner must still secure all required zoning authorization permits and subdivision approvals after a text amendment or rezoning is approved.

(i)

Codification. A zoning text amendment shall be codified as provided for in the Code. A change resulting from a map amendment shall be depicted on the official zoning map.

(Ord. No. 2021-05, 6-21-2021)

Before adopting, amending, or repealing any provision of this ordinance, the board of county commissioners shall hold a legislative hearing. A notice of the hearing shall be given once a week for two successive calendar weeks in a newspaper having general circulation in the area. the notice shall be published the first time not less than ten days nor more than 25 days before the date scheduled for the hearing. In computing such period, the day of publication is not to be included but the day of the hearing shall be included. Notice of public hearing will state the time and place of the public hearing, summarize the nature of the application and proposed development and invite interested parties to review the application at the planning department and submit oral or written comments on the application at the public hearing.

(Ord. No. 2021-05, 6-21-2021)

If any resident or property owner in the county submits a written statement regarding a proposed amendment, modification, or repeal to a zoning regulation, including a text or map amendment, to the clerk to the board at least two business days prior to the proposed vote on such change, the clerk to the board shall deliver such written statement to the board of commissioners. If the proposed change is the subject of a quasi-judicial proceeding under this ordinance or any other statute, the clerk shall provide only the names and addresses of the individuals providing written comment, and the provision of such names and addresses to all members of the board shall not disqualify any member of the board from voting.

(Ord. No. 2021-05, 6-21-2021)

In addition to the public hearing requirements set forth in section 44-325 above, in the case of proposed zoning map amendments:

(1)

Mailed notice. The owners of affected parcels of land and the owners of all parcels of land abutting that parcel of land shall be mailed a notice of the hearing on a proposed zoning map amendment by first-class mail at the last addresses listed for such owners on the county tax records. For the purpose of this section, properties are "abutting" even if separated by a street, railroad, or other transportation corridor. This notice must be deposited in the mail at least ten but not more than 25 days prior to the date of the hearing. The planning director will certify to the board of commissioners the date the notices were mailed.

(2)

Posted notice. The planning director shall prominently post a notice of the hearing on the site proposed for the amendment or on an adjacent public street or highway right-of-way. The notice shall be posted within the same time period specified for mailed notices of the hearing. When multiple parcels are included within a proposed zoning map amendment, a posting on each individual parcel is not required but the planning director shall post sufficient notices to provide reasonable notice to interested persons.

(3)

Optional notice for large-scale zoning map amendments. The first-class mail notice required under subsection (1) shall not be required if the zoning map amendment proposes to change the zoning designation of more than 50 properties, owned by at least 50 different property owners, and the board of commissioners elects to use the expanded published notice provided for in this section. In this instance, the county may elect to make the mailed notice provided for in subsection (1), or, as an alternative, elect to publish notice of the hearing as required by section 44-325, provided that each advertisement shall not be less than one-half of a newspaper page in size. The advertisement shall only be effective for property owners who reside in the area of general circulation of the newspaper that publishes the notice. Property owners who reside outside of the newspaper circulation area, according to the address listed on the most recent property tax listing for the affected property, shall be notified according to the provisions of section 44-326.

(4)

Minor defect in notice. Minor defects in notice will not impair the notice or invalidate proceedings pursuant to the notice if a good faith attempt has been made to comply with the applicable notice requirements.

(5)

Administrative permits. No notice will be required for an administrative permit issued pursuant to this chapter unless otherwise provided for by law.

(6)

Minor changes

a.

After notice or completion of a public hearing, the planning director may allow minor changes to the application that are consistent with section 44-301(e)(2) subject to the following:

1.

Proposes fewer dwelling units, reduced floor area or decreases impervious surface than requested on the original application;

2.

Reduces the impact of the development; or

3.

Reduces the amount of land involved from that indicated in the notices of the hearing.

b.

This subsection does not apply if the regulations, specific standards, conditions for approval of the rezoning or findings of fact applicable to the specific permit prohibit minor changes.

c.

Unless the applicant re-initiates the application for the permit or development and a new notice is posted, the reviewing agency will not permit any of the following:

(1)

An apparent change of the overall character of the project;

(2)

A density or intensity increase of over ten percent;

(3)

A use falling in a different general use category;

(4)

A larger land area than indicated in the original application; or

(5)

A greater variance than was indicated in the notice.

(7)

Actual notice. Except for a government-initiated zoning map amendment, when an application is filed to request a zoning map amendment and that application is not made by the landowner or authorized agent, the applicant shall certify to the county that the owner of the parcel of land as shown on the county tax listing has received actual notice of the proposed amendment and a copy of the notice of the hearing. Actual notice shall be provided in any manner permitted under G.S. 1A-1, Rule 4(j). If notice cannot with due diligence be achieved by personal delivery, certified mail, or by a designated delivery service authorized pursuant to 26 U.S.C. § 7502(f)(2), notice may be given by publication consistent with G.S. 1A-1, Rule 4(j1). The person or persons required to provide notice shall certify to the county that actual notice has been provided, and such certificate shall be deemed conclusive in the absence of fraud.

(Ord. No. 2021-05, 6-21-2021)

(a)

Statement on consistency. When adopting or rejecting any zoning text or map amendment, the board of commissioners shall approve a brief statement describing whether its action is consistent or inconsistent with an adopted comprehensive plan. If a zoning map amendment is adopted and the action was deemed inconsistent with the adopted plan, the zoning amendment shall have the effect of also amending any future land-use map in the approved plan, and no additional request or application for a plan amendment shall be required. A plan amendment and a zoning amendment may be considered concurrently. The plan consistency statement is not subject to judicial review. If a zoning map amendment qualifies as a "large-scale rezoning" under subsection 44-326(3), the board of commissioners' statement describing plan consistency may address the overall rezoning and describe how the analysis and policies in the relevant adopted plans were considered in the action taken.

(b)

Additional reasonableness statement for rezonings. When adopting or rejecting any petition for a zoning map amendment, a statement analyzing the reasonableness of the proposed rezoning shall be approved by the board of commissioners. This statement of reasonableness may consider, among other factors, (i) the size, physical conditions, and other attributes of the area proposed to be rezoned, (ii) the benefits and detriments to the landowners, the neighbors, and the surrounding community, (iii) the relationship between the current actual and permissible development on the tract and adjoining areas and the development that would be permissible under the proposed amendment; (iv) why the action taken is in the public interest; and (v) any changed conditions warranting the amendment. If a zoning map amendment qualifies as a "large-scale rezoning" under subsection 44-326(3), the board of commissioners' statement on reasonableness may address the overall rezoning.

(Ord. No. 2021-05, 6-21-2021)

(a)

Intent. The conditional zoning districts included in this section allow for the consideration of certain uses that, because of their nature or scale, have particular impacts on both the immediate area and the community as a whole and are created or established for selected criteria as indicated in the applicability section below. The development of these uses cannot be predetermined and controlled by general district regulations. In addition, circumstances arise when a general zoning district designation would not be appropriate for a certain property, but specific uses permitted under the district would be consistent with the objectives of this section. To accommodate those situations, this section establishes the conditional zoning district process. A conditional zoning district is not intended for securing speculative zoning for a proposal but rather is based on a firm development proposal.

(b)

Applicability. Conditional zoning districts may be appropriate when one or more of the following factors, separate or in combination, are proposed:

(1)

The tract size meets or exceeds the minimum acreage for the corresponding zoning district;

(2)

The tract is within a designated non-residential node, corridor, village or commercial center as identified in the small area plans, as amended from time to time;

(3)

The aggregate square footage of the non-residential building(s) on a single zoning lot is more than 50,000 square feet gross leasable area regardless of the number of uses within the building or structures planned; or

(4)

Planned developments.

(c)

Application. Except as provided in this chapter, petitions to establish a conditional zoning district must be submitted and will be processed in accordance with the provisions in this chapter pertaining to zoning text and zoning map amendments. Property may be placed in a conditional district only in response to a petition by all owners of the property to be included. Applications shall be submitted on a form provided by the county.

(d)

Contents of application. All applications must include a concept site plan, drawn to scale, and supporting text that, as approved, will become part of the ordinance amendment. The concept site plan must include any supporting information and text that specifies the actual use or uses intended for the property and any rules, regulations, and conditions that in addition to all predetermined ordinance requirements, will govern the development and use of the property. The applicant shall, at a minimum, include each of the items listed below, in addition to the items required in section 44-327 as the same may from time to time be amended, and any other applicable sections of this chapter. The concept site plan, including all additional information shown on it, and the following checklist shall constitute part of the petition for rezoning to a conditional zoning district:

(1)

A vicinity map showing the property's general location in relation to major streets, railroads, waterways.

(2)

A drawing of the parcel showing the approximate boundaries of the site, including the parcel identification number.

(3)

All existing easement, reservations, and rights-of-way on the property(ies) in question.

(4)

Delineation of areas within the regulatory floodplain as shown on the official flood hazard boundary maps for the county and delineation of watershed boundaries labeled with their respective classifications.

(5)

Existing and proposed topography at five-foot contour intervals or less and significant topographical and other natural features affecting development of the site.

(6)

For residential uses, the number of units and an outline of the area where the structures will be located. For nonresidential uses, the approximate square footage of all structures and an outline of the area where the structure will be located.

(7)

The approximate location of all existing and proposed infrastructure on the site, including water, sewer, roads, and pedestrian walkways and traffic, parking, and circulation plans, showing the proposed locations and arrangement of parking spaces and access points to adjacent streets including typical parking space dimension and locations along with typical street cross sections. This shall include all existing and proposed points of access to public streets.

(8)

All proposed setbacks, buffers, screening and landscaping required by this chapter and regulations of other agencies or otherwise proposed by the petitioner. In addition, the location of significant trees or tree stands on the subject property must be identified.

(9)

The approximate location on the site of the proposed buildings, structures, and other improvements and the approximate dimensions, including height, of proposed buildings and other structures.

(10)

A sample of the exterior features of proposed principal structures.

(11)

The proposed phasing of the project.

(12)

The proposed number, location, type and size of all signs. This must include a sample diagram of the sign design.

(13)

Dedication or reservation of right-of-way.

a.

Right-of-way dedication is required for all conditional zoning districts fronting along roadways funded for improvements in the current state transportation improvement program (STIP) and must be indicated on any subdivision plat, site plan, or zoning authorization permit applications. When right-of-way is dedicated, density bonuses are provided as shown in section 44-502(b) and (c).

b.

The building setback would include the required setback plus half the estimated right-of-way needed for future road improvements.

(e)

Additional information. When dealing with the conditional zoning district process, it may be desirable to request additional information in order to evaluate a proposed use and its relationship to the surrounding area. Therefore, the planning director, planning board and/or board of commissioners may request additional information in addition to that required above, as they deem necessary.

(f)

Review. In evaluating an application for the establishment of a conditional zoning district, it is appropriate for the planning board and board of commissioners to consider the following:

(1)

Adherence to the general policies and objectives of the adopted land use plan, particularly in relation to the proposed site and surrounding area;

(2)

The potential impacts on the surrounding area, including but not limited to the absolute certainty the specific use(s), traffic, stormwater, land values and the compatibility of land use activities. Higher standards and conditions may be proposed for the development, and other community benefits, mutually agreed upon by the developer and county;

(3)

Addresses spot zoning;

a.

Size of tract;

b.

Compatibility with adopted plan;

c.

Public benefits and detriments of proposed rezoning; and

d.

The relationship between proposed use and current use of adjacent properties; and

(4)

The reasonableness of the proposed rezoning, defined as:

a.

Supporting the general policies, goals and objectives of the adopted comprehensive land use plan and small area plans;

b.

Promoting the harmony and compatibility of the proposed conditional zoning district in relationship to the surrounding land uses;

c.

Serving the best interest of the community;

d.

Promoting economic development; and

e.

Encouraging different uses in close proximity to lessen traffic and environmental concerns.

(5)

Consistency statement. The planning board and the board of commissioners shall adopt consistency statements as required in sections 44-324 and 44-327 of this chapter.

(g)

Conditions of approval of petition. In approving a petition for the reclassification of a piece of property to a conditional zoning district, the planning board may recommend and the board of commissioners may of its own accord require that reasonable and appropriate conditions be attached to approval of the petition. Conditions and site-specific standards imposed in a conditional district shall be limited to those that address the conformance of the development and use of the site to county ordinances, plans adopted pursuant to section 44-215, or the impacts reasonably expected to be generated by the development or use of the site. For example, conditions that relate to the relationship of the proposed uses to the surrounding property, proposed support facilities (e.g., parking areas, pedestrian circulation systems), screening and landscaping, timing of development, street and right-of-way improvements, water and sewer improvements, provisions of open space, and other matters that the planning board and board of commissioners may find appropriate or the petitioner may propose. Such conditions of approval may include, but are not limited to, the dedication of right-of-way or easements for streets and/or utilities to serve the development. The petitioner shall have a reasonable opportunity to consider and respond to any such conditions prior to final action by the board of commissioners. Only those conditions mutually approved in writing by the board of commissioners and the petitioner may be incorporated into the conditional zoning district.

(h)

Effect of approval. If a petition for conditional zoning district is approved the development and use of the property shall be governed by:

(1)

The standards and regulations applicable to the district's zoning classification;

(2)

The approved site plan for the district;

(3)

Any additional approved rules, regulations, and conditions, all of which shall constitute the zoning regulations for the approved district; and

(4)

All general and additional rules, regulations and conditions are binding on the property as an amendment to these regulations and the zoning map.

(i)

Zoning map designation. Following approval of the petition for a conditional zoning district, the subject property shall be identified on the zoning map by the appropriate district designation followed by the letters "CD."

(j)

Substantial change requiring an amendment—Determination. Before making a determination as to whether a proposed change constitutes an amendment which qualifies as a substantial change, the planning director shall review the record of the proceedings on the original application for the approval of the conditional zoning district.

(1)

An amendment comprising a substantial change requires approval by the board of commissioners and shall be handled as a new application for a zoning text or zoning map amendment. A change in a specific or general use category shall be deemed a substantial change.

(2)

The planning director will use the following criteria in determining whether a proposed change is an amendment constituting a substantial change to the approved conditional zoning district:

a.

An increase in intensity of use which means an increase in:

1.

Usable floor area by more than ten percent or

2.

Outside land area devoted to sales, displays, or demonstrations.

b.

Any change in parking areas resulting in a reduction of ten percent or more in the number of spaces approved by the board of commissioners.

c.

Structural alterations significantly affecting the basic size, form, style, and the like of the building, as shown on the approved plan.

d.

A ten percent or more decrease in the amount or location of open space, recreation facilities, or landscape screening.

e.

Substantial changes in pedestrian or vehicular access or circulation.

(3)

If the planning director determines that the proposed action is a substantial change, he shall inform the applicant in writing of his determination. The applicant may in turn file a petition for a zoning text amendment or zoning map amendment.

(k)

Minor changes and modifications. The planning director shall have the delegated authority to approve minor changes that do not involve a change in uses permitted or the density of overall development permitted in the conditional zoning district provided they are in harmony with the action of the board of commissioners. A minor change shall mean any change(s) that:

(1)

Any change in location or any increase in the size or number of signs;

(2)

Any time an applicant agrees to impose standards that are more stringent than those previously approved by the board of commissioners; or

(3)

All other changes or modifications to the conditional zoning district shall be treated the same as zoning map amendments and shall be processed in accordance with this division 3.

(4)

If multiple parcels of land are subject to conditional zoning, the owners of individual parcels may apply for modification of the conditions so long as the modification would not result in other properties failing to meet the terms of the conditions. Any modifications approved shall only be applicable to those properties whose owners petition for the modification.

(l)

Expiration of approval. Approval by the board of commissioners of conditional zoning under this division shall constitute a site-specific vesting plan for the involved properties as described in G.S. 160D-108(d)(3)(c). Such plan shall remain vested for a period of two years from the date of approval by the county commissioners. The board of commissioners may provide in its initial approval of an application that vesting is in effect for a period exceeding two years, but not exceeding five years, if warranted by the size and phasing of development, the level of investment, the need for the development, economic cycles, and market conditions, or other considerations. Vesting shall not be extended by any amendments or modifications to a site-specific vesting plan unless expressly approved by the board of commissioners. Such extension is in the discretion of the board of commissioners, and a determination to extend may only be made after compliance with all procedural provisions applicable in this division to initial applications for conditional use. Failure to abide by the terms and conditions of an approval will result in a forfeiture of vested rights.

(Ord. No. 2021-05, 6-21-2021)

(a)

Applicability. Boards shall follow quasi-judicial procedures in determining appeals of administrative decisions, special use permits, expansions or changes to nonconformities, variances, or any other quasi-judicial decision.

(b)

Filing applications and appeals; priority for agenda. The following procedures shall be followed in the preparation of the agenda for a board of adjustment meeting in respect to the cases that shall be heard:

(1)

A matter for the board of adjustment must be filed and accepted 45 days before the scheduled board meeting, counting the day of the board meeting as the forty-fifth day.

(2)

The application and any supporting documentation required to be filed for a matter before the board of adjustment, must be complete and any applicable filing fee must be paid at the time the application is submitted or the application shall not be accepted. When a complete application is filed, the date and time of filing shall be written on the face of the application.

(3)

The general policy is to schedule cases on a first come, first serve basis, in accordance with the date and time the application was properly filed.

(4)

The agenda for the board of adjustment will not exceed five cases unless the planning director determines that some cases may be expeditiously disposed of.

(5)

The planning director has the discretion to not schedule any matter for the next regularly scheduled meeting of the board of adjustment if the planning director determines more time is needed to investigate and prepare a review in order to make an appropriate presentation before the board.

(6)

Matters that cannot be scheduled for the forthcoming meeting of the board of adjustment will automatically be scheduled on a first come, first serve basis for the next scheduled meeting of the board of adjustment.

(7)

If the board of adjustment hears any matter, the board may continue that matter for the consideration of additional or rebuttal evidence that could not have reasonably been presented at the initial meeting.

(c)

Notice of hearing. Notice of evidentiary hearings conducted pursuant to this chapter shall be mailed to the person or entity whose appeal, application, or request is the subject of the hearing; to the owner of the property that is the subject of the hearing if the owner did not initiate the hearing; to the owners of all parcels of land abutting the parcel of land that is the subject of the hearing; and to any other persons entitled to receive notice as provided by this chapter. In the absence of evidence to the contrary, the county may rely on the county tax listing to determine owners of property entitled to mailed notice. The notice must be deposited in the mail at least ten days, but not more than 25 days, prior to the date of the hearing. Within that same time period, the planning director shall also prominently post a notice of the hearing on the site that is the subject of the hearing or on an adjacent street or highway right-of-way. The board may continue an evidentiary hearing that has been convened without further advertisement. If an evidentiary hearing is set for a given date and a quorum of the board is not then present, the hearing shall be continued until the next regular board meeting without further advertisement.

(d)

Administrative materials. The secretary to the board shall transmit to the board all applications, reports, and written materials relevant to the matter being considered. The administrative materials may be distributed to the members of the board prior to the hearing if at the same time they are distributed to the board a copy is also provided to the appellant or applicant and to the landowner if that person is not the appellant or applicant. The administrative materials shall become a part of the hearing record. The administrative materials may be provided in written or electronic form. Objections to inclusion or exclusion of administrative materials may be made before or during the hearing. Rulings on unresolved objections shall be made by the board at the hearing.

(e)

Presentation of evidence. The applicant, the county, and any person who would have standing to appeal the decision under G.S. 160D-1402(c) shall have the right to participate as a party at the evidentiary hearing. Other witnesses may present competent, material, and substantial evidence that is not repetitive as allowed by the board. Objections regarding jurisdictional and evidentiary issues, including, but not limited to, the timeliness of an appeal or the standing of a party, may be made to the board. The board chair shall rule on any objections, and the chair's rulings may be appealed to the full board. These rulings are also subject to judicial review pursuant to G.S. 160D-1402. Objections based on jurisdictional issues may be raised for the first time on judicial review.

(f)

Appearance of official new issues. The official who made the decision or the person currently occupying that position, if the decision maker is no longer employed by the county, shall be present at the evidentiary hearing as a witness. The appellant shall not be limited at the hearing to matters stated in a notice of appeal. If any party or the county would be unduly prejudiced by the presentation of matters not presented in the notice of appeal, the board shall continue the hearing.

(g)

Oaths. The chair of the board or any member acting as chair and the clerk to the board are authorized to administer oaths to witnesses in any matter coming before the board. Any person who, while under oath during a proceeding before the board determining a quasi-judicial matter, willfully swears falsely is guilty of a class 1 misdemeanor.

(h)

Subpoenas. The board making a quasi-judicial decision under this chapter through the chair or, in the chair's absence, anyone acting as chair, may subpoena witnesses and compel the production of evidence. To request issuance of a subpoena, the applicant, the county, and any person with standing under G.S. 160D-1402(c) may make a written request to the chair explaining why it is necessary for certain witnesses or evidence to be compelled. The chair shall issue requested subpoenas he or she determines to be relevant, reasonable in nature and scope, and not oppressive. The chair shall rule on any motion to quash or modify a subpoena. Decisions regarding subpoenas made by the chair may be immediately appealed to the full board. If a person fails or refuses to obey a subpoena issued pursuant to this subsection, the board or the party seeking the subpoena may apply to the General Court of Justice for an order requiring that its subpoena be obeyed, and the court shall have jurisdiction to issue these orders after notice to all proper parties.

(i)

Appeals in nature of certiorari. When hearing an appeal in the nature of certiorari, the hearing shall be based on the record below, and the scope of review shall be as provided in G.S. 160D-1402(j).

(j)

Voting. The concurring vote of four-fifths of the board shall be necessary to grant a variance. A majority of the members shall be required to decide any other quasi-judicial matter or to determine an appeal made in the nature of certiorari. For the purposes of this subsection, vacant positions on the board and members who are disqualified from voting on a quasi-judicial matter under subsection (n) below shall not be considered members of the board for calculation of the requisite majority if there are no qualified alternates available to take the place of such members.

(k)

Decisions. The board shall determine contested facts and make its decision within a reasonable time. When hearing an appeal, the board may reverse or affirm, wholly or partly, or may modify the decision appealed from and shall make any order, requirement, decision, or determination that ought to be made. The board shall have all the powers of the official who made the decision. Every quasi-judicial decision shall be based upon competent, material, and substantial evidence in the record. Each quasi-judicial decision shall be reduced to writing, reflect the board's determination of contested facts and their application to the applicable standards, and be approved by the board and signed by the chair or other duly authorized member of the board. A quasi-judicial decision is effective upon filing the written decision with the clerk to the board or such other office or official as the development regulation specifies. The decision of the board shall be delivered within a reasonable time by personal delivery, electronic mail, or first-class mail to the applicant, landowner, and any person who has submitted a written request for a copy prior to the date the decision becomes effective. The person required to provide notice shall certify to the county that proper notice has been made, and the certificate shall be deemed conclusive in the absence of fraud.

(l)

Judicial review. - Every quasi-judicial decision shall be subject to review by the superior court by proceedings in the nature of certiorari pursuant to G.S. 160D-1402. Appeals shall be filed within the times specified in G.S. 160D-1405(d).

(m)

Subsequent hearings. Should a matter fail to receive a favorable vote of approval, any applicant must wait one year before the matter may be submitted again for the board's consideration.

(n)

Application withdrawal. Should an application be withdrawn after the first notice of the evidentiary hearing, the application shall be considered to be denied, and any applicant must wait one year before the matter may be submitted again for the board's consideration.

(o)

Impartiality. A member of any board exercising quasi-judicial functions pursuant to this chapter shall not participate in or vote on any quasi-judicial matter in a manner that would violate affected persons' constitutional rights to an impartial decision maker. Impermissible violations of due process include, but are not limited to, a member having a fixed opinion prior to hearing the matter that is not susceptible to change, undisclosed ex parte communications, a close familial, business, or other associational relationship with an affected person, or a financial interest in the outcome of the matter.

(Ord. No. 2021-05, 6-21-2021)

The board of adjustment shall hear and decide all appeals from and review any zoning order, requirement, decision, or determination made by the planning director. Any such appeal shall be conducted as provided in section 44-202.

(Ord. No. 2021-05, 6-21-2021)

(a)

Applicability. This section applies to any use that is designated as a special use in table 44-403-1.

(b)

Application. The application for a special use permit, along with a detailed site plan, must be submitted to the planning director and must include the information required by the procedures manual.

(c)

Completeness review. The applicant must comply with section 44-303.

(d)

Quasi-judicial hearing required. A quasi-judicial hearing shall be required which follows the quasi-judicial process in section 44-329.

(e)

Decision. Within 45 days of the receipt of an application, the planning director shall submit a report to the board of adjustment. The board of adjustment shall then approve, approve with conditions, or disapprove the application.

(f)

Approval criteria.

(1)

Before any application for a special use is approved, the board of adjustment shall make written findings certifying compliance with the specific standards governing each individual special use and that the general standards contained in this section are met. The board shall make appropriate findings, supported by evidence in its record, on each general and specific standard.

(2)

General standards.

a.

The following general standards must be met for approval of special uses pursuant to this chapter:

1.

The use will not materially endanger the public health, safety, and general welfare, if located where proposed and developed and operated according to the application;

2.

The use, which is listed as a special use in the district in which it is proposed to be located, complies with all required regulations and standards of this chapter, unless greater or different regulations are contained in the individual standards for that special use;

3.

The use will not substantially injure the value of adjoining or abutting property; and

4.

The use is consistent with any adopted area plans that encompass the property subject to the application.

b.

The board of adjustment shall make these general findings based upon substantial evidence contained in its proceedings. The board may refer to staff's report to aid in its deliberations. The applicant has the responsibility of presenting evidence in the form of testimony, exhibits, documents, models, plans, and the like to support the application for approval of a special use.

(3)

Imposed conditions.

a.

The board of adjustment may propose such reasonable conditions, upon approval of a special use granted pursuant to this chapter, as will afford protection of the public safety and welfare and substantial justice done.

b.

Such conditions shall run with the land and shall be binding on the original applicant as well as all successors, assigns, and heirs.

c.

Notwithstanding the foregoing, conditions may be imposed only when consented to by the applicant in writing.

(g)

Expiration. Special use permits are valid for five years from the date the board of adjustment approved the use and shall automatically expire at that time unless the property is being used in conformance with all requirements of the permit.

(h)

Amendments and minor changes. Before making a determination as to whether a proposed action is an amendment or a minor change, the planning director will review the record of the proceedings on the original application for the approval of the special use.

(1)

An amendment requires approval by the board of adjustment and shall be handled as a new application. A change in use shall constitute a new application.

(2)

The planning director may approve minor changes in an approved special use permit, as long as they are in harmony with the action of the board of adjustment. The planning director will use the following criteria in determining whether a proposed change is an amendment to the approved special use permit:

a.

Any increase in intensity of use which means an increase in:

1.

Usable floor area;

2.

Number of dwelling or lodging units; or

3.

Outside land area devoted to sales, displays, or demonstrations.

b.

Any change in parking areas resulting in an increase or reduction of ten percent or more in the number of spaces approved by the board of adjustment.

c.

Structural alterations significantly affecting the basic size, form, style, and the like of the building, as shown on the approved detailed site plan.

d.

A ten percent or more decrease in the amount or location of open space, recreation facilities, or landscape screens.

e.

Substantial changes in pedestrian or vehicular access or circulation.

(3)

If the planning director determines that the proposed action is an amendment based on the criteria in subsection (2) above, the applicant shall be required to file a request for an amendment to the special use permit, which shall be submitted to the board of adjustment. The board of adjustment shall hold a quasi-judicial hearing and approve or disapprove the amendment.

(i)

Scope of approval.

(1)

After the approval of a special use detailed site plan, a zoning authorization permit may be issued. A zoning authorization permit shall not be issued if the development activities do not conform to the approved detailed site plan.

(2)

The site plan is binding on the applicant and any successors in title unless it expires or is amended as provided in this section.

(Ord. No. 2021-05, 6-21-2021)

(a)

Applicability. This section applies to any application to vary any dimensional requirements or modify any of the provisions of this chapter, provided no change in permitted uses may be authorized by variances granted under this section.

(b)

Application. The application for a variance, along with a plot plan, sealed by a licensed professional, must be submitted to the planning director and must include information required by the procedures manual.

(c)

Completeness review. The applicant must comply with section 44-303.

(d)

Quasi-judicial hearing required. A quasi-judicial hearing shall be required which follows the quasi-judicial process in section 44-329.

(e)

Decision.

(1)

Within 45 days of receipt of an application, the planning director shall submit a report to the board of adjustment.

(2)

After hearing the planning director's report and completion of the quasi-judicial hearing, the board of adjustment shall approve, approve with conditions, or disapprove the application.

(3)

The concurring vote of four-fifths of the board is necessary to grant a variance.

(f)

Approval criteria.

(1)

When unnecessary hardships would result from carrying out the strict letter of a zoning regulation, the board of adjustment shall vary any of the provisions of the zoning regulation upon a showing of all of the following:

(2)

Unnecessary hardship would result from the strict application of the regulation. It shall not be necessary to demonstrate that, in the absence of the variance, no reasonable use can be made of the property.

(3)

The hardship results from conditions that are peculiar to the property, such as location, size, or topography. Hardships resulting from personal circumstances, as well as hardships resulting from conditions that are common to the neighborhood or the general public, may not be the basis for granting a variance. A variance may be granted when necessary and appropriate to make a reasonable accommodation under the Federal Fair Housing Act for a person with a disability.

(4)

The hardship did not result from actions taken by the applicant or the property owner. The act of purchasing property with knowledge that circumstances exist that may justify the granting of a variance shall not be regarded as a self-created hardship.

(5)

The requested variance is consistent with the spirit, purpose, and intent of the regulation, such that public safety is secured and substantial justice is achieved.

(g)

Affirmative findings required. Each finding of fact required by subsection (f) above shall be made in the indicated order by the board of adjustment, which is not empowered to grant a variance without an affirmative finding of fact on all four categories.

(h)

Conditions. Appropriate conditions may be imposed on any variance, provided the conditions are reasonably related to the variance.

(i)

Expiration. A variance does not expire and runs with the land.

(j)

Change to variance. A change to an approved variance requires a new variance application.

(k)

Zoning authorization permit. After approval of a variance, the applicant must apply for a zoning authorization permit before undertaking any development authorized by the variance.

(Ord. No. 2021-05, 6-21-2021)

(a)

Applicability.

(1)

Subdivision shall mean all divisions of a tract or parcel of land into two or more lots, building sites, or other divisions when any one or more of those divisions is created for the purpose of sale or building development, whether immediate or future, and shall include all divisions of land involving the dedication of a new street or a change in existing streets.

(2)

No subdivision within the county's planning and development regulation jurisdiction shall be filed or recorded until it shall have been submitted to and approved by the board of commissioners, and until this approval shall have been entered on the face of the plat in writing by an authorized representative of the county. The county's review officer, pursuant to G.S. 47-30.2, shall not certify a subdivision plat that has not been approved in accordance with these provisions nor shall the clerk of superior court order or direct the recording of a plat if the recording would be in conflict with this section.

(b)

Exemptions. The following shall not be included within the definition of "subdivision" nor be subject to the regulations authorized by this article:

(1)

The combination or recombination of portions of previously subdivided and recorded lots where the total number of lots is not increased and the resultant lots are equal to or exceed the standards of the local government as shown in its subdivision regulations.

(2)

The division of land into parcels greater than ten acres where no street right-of-way dedication is involved.

(3)

The public acquisition by purchase of strips of land for the widening or opening of streets or for public transportation system corridors.

(4)

The division of a tract in single ownership whose entire area is no greater than two acres into not more than three lots, where no street right-of-way dedication is involved and where the resultant lots are equal to or exceed the standards of the local government, as shown in its subdivision regulations.

(5)

The division of a tract into parcels in accordance with the terms of a probated will or in accordance with intestate succession under G.S. ch. 29.

(c)

Classification of subdivisions.

(1)

There are three categories of subdivisions subject to this division: major, minor and family. The plat classification and required approvals for each type of subdivision are listed in table 44-341-1 below.

(2)

For purposes of this chapter, a "family subdivision" means a subdivision where lots are conveyed to members of the lineal family or siblings. "Lineal family" includes great-grandparents, grandparents, parents, children, grandchildren, great-grandchildren. Lots can be conveyed as a gift or for a nominal consideration.

Table 44-341-1. Plat Classifications and Required Approvals

(d)

Approval does not constitute acceptance. The approval of a plat shall not be deemed to constitute the acceptance by the county or public of the dedication of any street or other ground, public utility line, or other public facility shown on the plat. However, the board of commissioners may by resolution accept any dedication made to the public of lands or facilities for streets, parks, public utility lines, or other public purposes, when the lands or facilities are located within the county's planning jurisdiction. Unless a city, county, or other public entity operating a water system shall have agreed to begin operation and maintenance of the water system or water system facilities within one year of the time of issuance of a certificate of occupancy for the first unit of housing in a subdivision, the county shall not require dedication of water systems or facilities as a condition for subdivision approval.

(e)

Effect of subdivision regulations on naming streets. It shall be unlawful for any person to lay out any new street or road, and to name such street or road on any plat, by any marking, or in any deed or instrument without first getting the approval of the appropriate authority as specified in the procedures manual. Any person violating this subsection shall be subject to a civil penalty.

(f)

Markers and monuments.

(1)

Monuments must comply with the requirements of the North Carolina General Statutes and the current edition of the Standards of Practice for Land Surveying in North Carolina and be placed in all subdivisions.

(2)

Any permanent monuments or markers displaced or destroyed during the course of development or construction in the subdivision shall be accurately witnessed and replaced upon completion of such development or construction.

(g)

Agencies given opportunity to make recommendations. The following agencies shall be given an opportunity to make recommendations concerning an individual subdivision plat before the plat is approved:

(1)

The district highway engineer as to proposed state streets, state highways, and related drainage systems; and

(2)

The county health director or local public utility, as appropriate, as to proposed water or sewerage systems.

(Ord. No. 2021-05, 6-21-2021; Ord. No. 2022-03, 2-7-2022)

(a)

Filing. Applications for approval of subdivision plats must be filed with the planning director for the subdivision review board's consideration.

(1)

Sketch plat. A sketch plat is an optional submittal that is less detailed than a preliminary plat and may be considered by the subdivision review board for review purposes. The procedures manual shall be followed for required information on a sketch plat. A review of a sketch plat gives the developer direction as to how to proceed with the preliminary plat and does not constitute authorization to proceed with any development improvements.

(2)

Preliminary plat. A preliminary plat submittal is required as noted in table 44-341-1 above, and has sufficient detail to be considered by the subdivision review board for approval. Substantial details are noted in the procedures manual and at a minimum must include: topography, lot lines and dimensions, existing structures, easements, proximity to airports/airstrips, street plans and profiles, drainage patterns and design.

(b)

Completeness review. The applicant must comply with section 44-303.

(c)

Decision.

(1)

Planning director. The planning director shall review an application for a major subdivision plat and make recommendations to the subdivision review board, including the recommendations of other affected agencies of government. The subdivision review board shall take action as provided in this section.

(2)

Subdivision review board.

a.

The subdivision review board shall approve, approve with conditions, or deny the major subdivision application. The subdivision review board shall take action on applications submitted 45 days prior to the regularly scheduled subdivision review board meeting, unless the applicant consents in writing to an extension of this time limit.

b.

If the subdivision review board or planning director determines that the application does not comply with this section, the application and related materials shall be returned to the applicant with written findings as to required corrections and/or completions necessary prior to resubmission. A new time period of at least 45 days prior to the regularly scheduled meeting is required for each resubmission. If the planning director or subdivision review board determines that the errors are minor, the application may be revised and resubmitted without resubmitting the application.

c.

Where applications are approved without conditions, the planning director shall notify the applicant of the approval date.

d.

Where applications are approved with conditions, the planning director shall notify the applicant in writing of the conditions and the reasons.

e.

Where applications are denied, the planning director shall notify the applicant of the reasons. All such notices shall be in writing and dispatched by first class mail to the applicant within ten working days of the date of decision by the subdivision review board.

f.

The decision, and the grounds for the decision, shall be recorded in the minutes of the subdivision review board.

(3)

Failure to act. When the subdivision review board fails to take action on the application within the time period prescribed above, the application is deemed to be approved without conditions. If the application is returned for correction of errors or omissions and resubmittal, or the applicant agrees to an extension of the time limitations, the action shall be taken within the new time limit or the time limit agreed to by the applicant. If action is not taken within the revised time period, the application is deemed to be approved without conditions.

(d)

Extensions of approval and substantial progress.

(1)

Upon approval of the preliminary plat by the subdivision review board, the applicant has up to five years to complete all improvements in compliance with this chapter and obtain final plat approval. An additional extension of five years may be granted by the subdivision review board only where the applicant demonstrates good cause and where there has been a substantial expenditure of resources directly related to the subdivision development as reviewed by the subdivision review board. Examples of substantial expenditures include consulting fees from development specialists for the survey of the property, soil evaluation, erosion control plan, engineering design for roadway, waterlines, sewer lines, permit fees or fees associated with land preparation such as clearing, rough grading or fine grading.

(2)

In all cases where extensions are granted, the cumulative time period for obtaining final plat approval shall not exceed a total period of ten years from the date of the initial preliminary plat approval.

(e)

Copy. A copy of the decision approving the preliminary plat will be maintained in the planning office.

(f)

Successive applications. There is no limit on successive applications for preliminary plat approval; however, before a new preliminary plat application can be accepted a written request must be submitted from the previous applicant or current owner to withdraw a preliminary plat previously approved. The subdivision review board must vote on the withdrawal of the previous preliminary plat before considering the new application.

(g)

Amendments. Minor changes may be administratively approved. If the amendment is not a minor change, a preliminary plat shall be amended by filing and obtaining approval from the subdivision review board. An amendment to a preliminary plat includes:

(1)

When the location of a road is altered or a new road is proposed;

(2)

Additional lots are proposed;

(3)

The amount and location of open space is revised; or

(4)

Addition or deletion of community amenities.

(Ord. No. 2021-05, 6-21-2021)

(a)

Preliminary plat approval required. Preliminary plat approval must be obtained before applying for final plat approval.

(b)

Application time frame. An application for final plat approval must be filed with the planning director within five years of the preliminary plat approval, unless an extension is approved; otherwise, the preliminary plat approval shall expire.

(c)

Completeness review. The applicant must comply with section 44-303.

(d)

Decision. The planning director shall administratively approve the final major plat within ten working days from receipt of a complete final subdivision submittal. All required improvements must be complete or a performance guarantee package, as detailed in section 44-361, must be submitted and approved by the planning director.

(e)

Approval criteria.

(1)

The final plat shall be approved if it conforms to the approved preliminary major plat and all preliminary conditions of approval; and

(2)

Except where a performance guarantee has been approved, all required improvements must be completed by the applicant, or his agents, and inspected and approved by appropriate public officials or agencies before final plats can be approved; and

(3)

The final plat meets the requirements of the procedures manual.

(f)

Successive applications. There is no limit on successive applications for final plat approval.

(g)

Amendment. A final plat may be amended by filing and obtaining approval of a new application for final plat approval.

(h)

Recording. If an approved major subdivision final plat is not recorded in the register of deeds office within 60 days of approval, the plat expires and a new plat must be submitted.

(Ord. No. 2021-05, 6-21-2021)

(a)

Initiation. A minor subdivision plat approval is initiated by filing an application for final plat approval with the planning director.

(b)

Completeness review. The applicant must comply with section 44-303.

(c)

Administrative review and approval. A minor subdivision plat is administratively reviewed and approved by the planning director. The planning director shall have up to ten working days to review the minor subdivision plat and approve or deny the minor subdivision plat.

(d)

Compliance with chapter. No application for a minor subdivision plat shall be approved unless it complies with all applicable requirements of this chapter.

(e)

Amendment. A minor subdivision plat may be amended by filing and obtaining approval of a new application for minor subdivision plat approval.

(f)

Recording. If an approved minor subdivision plat is not recorded in the register of deeds office within 60 days of approval, the plat expires and a new plat must be submitted.

(Ord. No. 2021-05, 6-21-2021)

(a)

Filing of application. A family subdivision plat approval is initiated by filing an application for final plat approval with the planning director.

(b)

Completeness review. See section 44-303.

(c)

Review. A family subdivision plat is administratively reviewed and approved by the planning director. The planning director shall have up to ten working days to review the family subdivision plat and determine if it meets the requirements for approval of a family subdivision in accordance with the following:

(1)

The application and plat indicate that it qualifies as a family subdivision as defined in this article;

(2)

The applicant must sign an affidavit attesting to the linear or sibling relationship that qualifies the applicant for the family subdivision;

(3)

Where right-of-way is less than the NCDOT approved width, additional right-of-way has been dedicated;

(4)

If an existing publicly dedicated road crosses entirely through the property being subdivided, an NCDOT approved right-of-way width is required to be extended entirely through the subject property along the path of the existing public road; and

(5)

The right-of-way, as shown on the submitted plat, is located where a road can feasibly be built.

(d)

Amendment. A family subdivision plat may be amended by filing and obtaining approval of a new application for family subdivision plat approval.

(e)

Recording. If an approved family subdivision plat is not recorded in the register of deeds office, within 60 days of approval, the plat expires and a new plat must be submitted.

(Ord. No. 2021-05, 6-21-2021)

(a)

Appeals of planning director's actions. Any subdivision-related decision of the planning director may be appealed to the board of adjustment by the applicant or his agent within 30 days and shall be governed by section 44-202.

(b)

Appeals of subdivision review board's actions. Actions of the subdivision review board may be appealed to the board of adjustment. Appeals must be filed in the planning department, by the applicant of the subdivision plat or his agent, within 30 days of the date of the action of the subdivision review board.

(Ord. No. 2021-05, 6-21-2021)

(a)

Applicability. The owner of a parcel subject to an approved plat may vacate the plat at any time before any lot in the plat is sold. The plat is vacated when a signed, acknowledged instrument declaring the plat vacated is approved and recorded in the manner prescribed for the original plat. If lots in the plat have been sold or built upon, the plat, or any part of the plat, may be vacated on the application of all the owners of lots in the plat with approval obtained in the manner prescribed for the original plat.

(b)

Initiation. The owner or owners of lots in any approved subdivision, must initiate a plat vacation by filing a final plat with the planning director.

(c)

Completeness review. See section 44-303.

(d)

Decision.

(1)

Vacated plat. The vacated plat shall be approved under the procedures for which the original plat was approved. The approving entity shall approve or deny an application for a plat vacation.

(2)

Road abandonment.

a.

A major subdivision road that is dedicated to the public but not yet accepted by NCDOT cannot be abandoned without approval from the subdivision review board.

b.

A family/minor subdivision road that is dedicated to the public but not yet accepted by NCDOT cannot be abandoned without county planning approval.

c.

Roads dedicated to the public, not open or used within 15 years after dedication, may be withdrawn in accordance with G.S. 136-96 without NCDOT or county approval.

(e)

Approval criteria.

(1)

No application for a plat vacation shall be approved unless it complies with all applicable requirements of this chapter.

(2)

The approving entity shall not approve an application for a plat vacation if it will materially injure the rights of any nonconsenting property owner or any public rights related to public improvements unless expressly agreed to by the agency with jurisdiction over such improvements.

(f)

Recording. After the new plat is approved, the plat must be recorded, within 60 days, with the register of deeds office. Upon the execution and recording of the new plat, the vacated plat has no effect. The resubdivision of the land covered by a plat that is vacated shall be platted in the same manner as is prescribed by this chapter for an original plat.

(Ord. No. 2021-05, 6-21-2021)

(a)

Applicability. This section applies to any situation where a homeowners' association or similar legal entity is responsible for the maintenance and control of roads, open space, recreational facilities, or other common areas and facilities associated with a subdivision or other application for development approval.

(b)

Duties. The homeowners' association shall:

(1)

Have clear legal authority to maintain and exercise control over the common areas, roads and facilities; and

(2)

Have the power to compel contributions from development residents to cover their proportionate shares of the costs associated with the maintenance of the common areas and facilities; and

(3)

Be established before any dwelling unit or lot in the development is sold or any building in the development is occupied.

(c)

Documentation.

(1)

Documents establishing a homeowners' association or similar legal entity in accordance with this section must be submitted and reviewed by the county attorney before any plat for the development is recorded. The documents must state that the homeowners' association has legal authority to carry out the provisions of this chapter or in lieu of the developer may submit an affidavit to this effect.

(2)

The review by the planning director shall be limited to ensuring compliance with subsection (b) above.

(Ord. No. 2021-05, 6-21-2021)

(a)

Generally. In lieu of completion of all or part of the required improvements, and prior to approval of the final subdivision plat or issuance of a zoning compliance certificate, the applicant may post a performance guarantee in the amount of 125 percent of the reasonably estimated cost of completion at the time the performance guarantee is issued.

(b)

The term "performance guarantee" shall mean any of the following forms of guarantee:

(1)

Surety bond issued by any company authorized to do business in this state.

(2)

Letter of credit issued by any financial institution licensed to do business in this state.

(3)

Other form of guarantee that provides equivalent security to a surety bond or letter of credit, including cash or cash equivalent deposited with the county to be held as provided herein.

(c)

Requirements.

(1)

Except for certified checks, sureties shall not be accepted unless the county attorney has made a review and rendered a written opinion that the interests of the county are fully protected.

(2)

Cash or cash equivalents must be deposited with the county finance director, as escrow agent, who shall deposit same in an interest-bearing escrow account of the county, with all interest accruing to the applicant.

(3)

The terms of any letter of credit must include the absolute right of the county finance director to withdraw funds from the bank forthwith upon the county manager's certifying to the bank that the terms and conditions of the performance guarantee have been breached. The letter of credit must be valid for up to 12 months from the date that the performance guarantee was approved.

(d)

Plans, contracts and construction programs. Procedures for submission of plans, contracts and construction programs are as follows:

(1)

In order to demonstrate the reasonably estimated cost of completion of improvements proposed hereunder, the applicant has the option of submitting either:

a.

Executed contracts, from state-licensed contractors, which shall contain a provision allowing for the county, in the county's discretion, to assume such contract in the event of a default by the applicant in its obligations hereunder; or

b.

A per-unit cost sheet submitted by a registered, professional engineer who has civil engineering qualifications.

(2)

Plans, specifications, quantities, unit costs or executed contracts must be provided by the applicant to the planning director, together with a schedule indicating time of initiation and completion of the work. The complete performance guarantee package must be submitted concurrently with the final plat.

(3)

The planning director shall seek information from relevant government agencies, including county engineering staff, as to sufficiency of the costs and the reasonableness of construction plans.

(e)

Amount, time limits, approval and extensions of performance guarantee. The performance guarantee must include the terms, amount, time of initiation and completion of the work, reasons for extension, and provisions for release of the guarantee upon completion of the work.

(1)

Amount. The guarantee shall be in the amount of 125 percent of the reasonably estimated cost of completion at the time the performance guarantee is issued.

(2)

Time limit. The time between initiation and the completion of the required improvements shall not exceed one year from the date the performance guarantee was approved.

(3)

Approval. If the information is complete and the guarantee amount is satisfactory, the planning director shall administratively approve the performance guarantee package.

(4)

Completion or extension. The performance guarantee shall be returned or released, as appropriate, in a timely manner upon the acknowledgement by the local government that the improvements for which the performance guarantee is being required are complete. If the improvements are not complete and the current performance guarantee is expiring, the performance guarantee shall be extended, or a new performance guarantee issued, for an additional period until such required improvements are complete. A developer shall demonstrate reasonable, good-faith progress toward completion of the required improvements that are the subject of the performance guarantee or any extension. The form of any extension shall remain at the election of the developer Any extension of the performance guarantee shall not exceed 125 percent of the reasonably estimated cost of completion of the remaining incomplete improvements still outstanding at the time the extension is obtained.

(5)

The performance guarantee shall only be used for completion of the required improvements and not for repairs or maintenance after completion.

(6)

No person shall have or may claim any rights under or to any performance guarantee provided pursuant to this subsection or in the proceeds of any such performance guarantee other than the following:

a.

The county.

b.

The developer at whose request or for whose benefit such performance guarantee is given.

c.

The person or entity issuing or providing such performance guarantee at the request of or for the benefit of the developer.

(f)

Inspections; reports; cost responsibility. Procedures for inspections and reports and the responsibility for the cost are as follows:

(1)

Applicable government agency shall make an inspection to determine whether work has started as scheduled, make periodic inspections during the course of work, and make a final inspection to determine whether stages of construction required under the performance guarantee have been completed in accord with the terms of the guarantee.

(2)

Within ten days of the inspections, copies of reports of the results should be provided to the planning director.

(3)

The applicant is responsible for all costs associated with making the inspections and preparing the reports.

(4)

In lieu of having inspections conducted by the government body, the applicant, at his cost, may elect to have a registered, professional engineer licensed in North Carolina conduct the inspections, as stated above, and submit reports to the planning director.

(g)

Action on inspection reports. The following actions may be taken regarding inspection reports:

(1)

Reports indicating satisfaction of requirements. Where reports indicate satisfactory completion of work within time limits set and are in accord with the terms of the performance guarantee, for agreed-upon stages or for the entire work, the planning director shall indicate so in writing to the applicant, any surety company involved and the county manager. The county manager, upon such notification and any further assurance he may require from the county attorney or government agency exercising operating control, shall then release the performance guarantee in accord with the terms thereof.

(2)

Reports indicating failure to satisfy requirements. Where the reports indicate failure to complete work on schedule in full compliance with the terms of the performance guarantee, the planning director shall indicate so in writing to the applicant, government agency exercising control, any surety company involved, and the county manager. Such notice shall indicate that unless action required under the terms of the performance guarantee is completed within 30 days of the date of such notification, the performance guarantee or portions thereof, set forth in its terms, shall be called. Unless such action is completed, as evidenced by inspections and reports from government agency exercising control transmitted through the planning director, the county manager shall call the performance guarantee or affected portions thereof.

(3)

Reports indicating unsatisfactory progress. Where such reports indicate that work initiated appears unlikely to be completed on schedule, and where the performance guarantee provides for extension of time for cause, the planning director shall notify, in writing, the applicant and any surety company involved, concerning the potential need for an application for an extension. Where notice has been given, no application for an extension shall be considered following the expiration of the original schedule date.

(h)

Failure to complete work under performance guarantee. Where work required under the terms of any performance guarantee is not completed by the applicant, and following the call of the guarantee, the county manager shall take the necessary action to procure the completion of the required improvements at the earliest reasonable time, according to the plans and specifications.

(i)

Guarantee of other government agency or public utility. Where all or part of required subdivision or development improvements are to be completed by another government agency or public utility, the planning director may accept the written guarantee of the agency to complete the improvements within a time to be mutually agreed upon.

(j)

Building permits and certificates of occupancy.

(1)

Unless a performance guarantee has been approved by the planning director, building permits may not be issued for construction of any structures in the development or subdivision.

(2)

Certificates of occupancy may be issued, and buildings occupied, only when all of the following improvements are met:

a.

Under normal weather conditions, streets must be passable for private, service, and emergency vehicles.

b.

Driveways must be passable under normal weather conditions.

c.

Adequate drainage must be installed and operative to ensure that, there will be no flooding of the building site or access ways to the site under normal weather conditions.

d.

Erosion control measures must be in place in accordance with the county's s soil, erosion and sedimentation control ordinance (chapter 16, article V in the County Code).

e.

Domestic or public water supply and sanitary sewerage or septic tank must be installed and operative.

(3)

No permits or certificates shall be issued unless all remaining required improvements are covered by a performance guarantee and the applicant accepts tort liability pending completion of all required improvements.

(Ord. No. 2021-05, 6-21-2021)

(a)

Generally.

(1)

Whenever the performance of any act is required or the performance of any act is prohibited or whenever any regulation or limitation is imposed on the use of any land and water or on the erection of a structure, a failure to comply with such provisions shall constitute a violation of this chapter.

(2)

The owner, tenant, or occupant of any land or structure or part thereof and any architect, builder, contractor, agent, or other person who participates in, assists, directs, creates, or maintains any situation that is contrary to the requirements of this chapter shall be held responsible for the violation and be subject to the penalties and remedies provided in this chapter.

a.

Notices of violation. When staff determines work or activity has been undertaken in violation of a development regulation adopted pursuant to this chapter or other local development regulation or any state law delegated to the county for enforcement purposes in lieu of the state or in violation of the terms of a development approval, a written notice of violation may be issued. The notice of violation shall be delivered to the holder of the development approval and to the landowner of the property involved, if the landowner is not the holder of the development approval, by personal delivery, electronic delivery, or first-class mail and may be provided by similar means to the occupant of the property or the person undertaking the work or activity. The notice of violation may be posted on the property. The person providing the notice of violation shall certify to the local government that the notice was provided, and the certificate shall be deemed conclusive in the absence of fraud. Except as provided by G.S. 160D-1123 or G.S. 160D-1206 or otherwise provided by law, a notice of violation may be appealed to the board of adjustment pursuant to section 44-202.

b.

Stop work orders. Whenever any work or activity subject to regulation pursuant to this chapter or other applicable local development regulation or any state law delegated to the county for enforcement purposes in lieu of the state is undertaken in substantial violation of any state or local law, or in a manner that endangers life or property, staff may order the specific part of the work or activity that is in violation or presents such a hazard to be immediately stopped. The order shall be in writing, directed to the person doing the work or activity, and shall state the specific work or activity to be stopped, the reasons therefor, and the conditions under which the work or activity may be resumed. A copy of the order shall be delivered to the holder of the development approval and to the owner of the property involved (if that person is not the holder of the development approval) by personal delivery, electronic delivery, or first-class mail. The person or persons delivering the stop work order shall certify to the local government that the order was delivered and that certificate shall be deemed conclusive in the absence of fraud. Except as provided by G.S. 160D-1112 and G.S. 160D-1208, a stop work order may be appealed pursuant to section 44-202. No further work or activity shall take place in violation of a stop work order pending a ruling on the appeal. Violation of a stop work order shall constitute a Class 1 misdemeanor.

c.

Remedies. Any violation of this chapter may be enforced by any remedy provided by G.S. 153A-123. If a building or structure is erected, constructed, reconstructed, altered, repaired, converted, or maintained, or any building, structure, or land is used or developed in violation of this chapter or of any development regulation or other regulation made under authority of this chapter, the county, in addition to other remedies, may institute any appropriate action or proceedings to prevent the unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance, use, or development; to restrain, correct or abate the violation; to prevent occupancy of the building, structure, or land; or to prevent any illegal act, conduct, business, or use in or about the premises.

(Ord. No. 2021-05, 6-21-2021)

Any person who, being the owner or agent of the owner of any land located within the planning jurisdiction of the county, thereafter, subdivides his land in violation of the ordinance or transfers or sells land by reference to, exhibition of, or any other use of a plat showing a subdivision of the land before the plat has been properly approved under this ordinance and recorded in the office of the county register of deeds, shall be subject to a civil penalty. The description by metes and bounds in the instrument of transfer or other document used in the process of selling or transferring land shall not exempt the transaction from this penalty. The county may bring an action for injunction of any illegal subdivision, transfer, conveyance, or sale of land, and the court shall, upon appropriate findings, issue an injunction and order requiring the offending party to comply with the subdivision regulation. Building permits required pursuant to G.S. 160D-1108 may be denied for lots that have been illegally subdivided, and no water, sewer or other public facilities or services may be extended to or connected to any land for which approval of a subdivision is required under this chapter unless all section of this chapter are satisfied. In addition to other remedies, a local government may institute any appropriate action or proceedings to prevent the unlawful subdivision of land, to restrain, correct, or abate the violation, or to prevent any illegal act or conduct.

(Ord. No. 2021-05, 6-21-2021; Ord. No. 2022-03, 2-7-2022)