Carolina Beach City Zoning Code

ARTICLE 2

- ADMINISTRATION AND PROCEDURES

2.1 - GENERAL

This article contains powers and duties, approval procedures, amendment procedures, and enforcement mechanisms. The following bodies and town staff have powers and responsibilities in administering this ordinance, reviewing applications for development/subdivision proposals, hearing matters of a quasi-judicial nature, or amendments under this ordinance:

Town Council

Planning and Zoning Commission

Board of Adjustment

Technical Review Committee

UDO Administrator

(Ord. No. 24-1230, 7-9-2024)

2.2 - TOWN COUNCIL

Powers and duties of the Town Council as pertaining to planning and zoning matters. The Town Council shall execute the following powers and duties:

Zoning amendments. The Town Council, as the governing body of the town, shall act in its legislative capacity when considering proposed amendments to the text of this ordinance or to the zoning map.

Special use permits. The Town Council, as the governing body of the town, shall act in its quasi-judicial capacity when reviewing special use permits.

Voting matters. When considering amendments to this ordinance or the zoning map, or in considering the issuance of a special use permit, the Town Council shall follow the regular voting, and other requirements as set forth in other provisions of the Town Code, the Town Charter, or general law (NCGS 160A-75(a)).

Oath of office. Every person elected by the people or appointed to any town office shall, before entering upon the duties of the office, take and subscribe the oath of office prescribed in North Carolina General Statutes. Oaths of office shall be administered by some person authorized by law to administer oaths, and shall be filed with the town clerk.

Minutes. The board shall keep minutes of its proceedings.

Conflict of interest. Members of Town Council shall not vote on recommendations, permits, approvals, or other issues where the outcome of the matter being considered is reasonably likely to have a direct, substantial, and readily identifiable financial impact on the member or a member has a close familial, business, or other associational relationship. No member shall be excused from voting except upon those matters as noted, above, or upon those others involving the consideration of his/her own financial interest or official conduct (NCGS 160D-109).

(Ord. No. 24-1230, 7-9-2024)

2.3 - PLANNING AND ZONING COMMISSION

Establishment. A Planning and Zoning Commission, consisting of seven (7) members, is hereby established, appointed by the Town Council. All members shall reside within the corporate limits of the town. Members shall serve without compensation, but may be reimbursed for actual expenses incidental to the performance of their duties within the limit of funds available to the commission.

Tenure. Members of the Planning and Zoning Commission shall be appointed by the Town Council to serve terms of three (3) years, and until their respective successors have been appointed and qualified. The terms of the original members may be staggered so that all terms do not expire simultaneously. Vacancies shall be filled for the unexpired term only.

Officers. The Planning and Zoning Commission shall elect one (1) member to serve as chairperson and preside over its meetings, and shall create and fill such offices and committees as it may deem necessary. The term of the chairperson and other officers shall be one (1) year.

Powers of the Planning and Zoning Commission. The Planning and Zoning Commission shall have the following powers and duties related to the administration of this ordinance:

Review petitions for proposed amendments to the ordinance text and/or map and make recommendations to the Town Council.

Initiate proposed amendments to the ordinance text and/or map subject to the discretion of the Town Council.

Prepare studies and plans related to controlling and creating orderly growth and development of the town.

Develop and recommend to the Town Council plans, goals, and objectives as well as policies, ordinances and administrative procedures, or other means for carrying out the studies and plans referenced above.

Perform any other duties assigned by the Town Council as authorized in NCGS 160D-301.

Planning and Zoning Commission administration.

The commission shall adopt rules of procedures and regulations for the conduct of its affairs.

All meetings of the commission shall be open to the public.

The commission shall keep a record of its meetings, including the vote of each member on every question, a complete summary of the evidence submitted to it, documents submitted to it and all official actions.

The person acting as chairperson of the commission [or the hearing officer] is authorized to administer oaths to any witnesses in any matter coming before the commission.

Any member of the Planning and Zoning Commission who misses more than three (3) consecutive regular meetings or more than half the regular meetings in a calendar year shall lose his status as a member of the commission, and shall be replaced or reappointed by the Town Council as appropriate. Absence due to sickness, death, or other emergencies of like nature shall be recognized as excused absences, and shall not affect the member's status on the commission, except that in the event of a long illness or other such cause for prolonged absence, the member shall be replaced.

The board shall keep minutes of its proceedings.

Quorum and vote required.

A quorum of the commission, necessary to conduct any business of the commission, shall consist of a simple majority.

A simple majority vote of those present shall be necessary to conduct routine business of the commission.

Conflict of interest. Members of planning and zoning shall not vote on recommendations, permits, approvals, or other issues where the outcome of the matter being considered is reasonably likely to have a direct, substantial, and readily identifiable financial impact on the member or a member has a close familial, business, or other associational relationship. No member shall be excused from voting except upon those matters as noted, above, or upon those others involving the consideration of his own financial interest or official conduct (NCGS 160D-109).

(Ord. No. 24-1230, 7-9-2024)

2.4 - BOARD OF ADJUSTMENT

Establishment. A Board of Adjustment is hereby created. The term "board," when used in this section, shall be construed to mean the Board of Adjustment.

Number of members; appointments. The board shall consist of five (5) regular members and two (2) alternate members; all members shall be citizens and reside within the corporate limits of the town. Members shall be appointed by the Town Council. While attending any regular or special meeting of the board and serving in the absence of a regular member, the alternate member has and may exercise all the powers and duties of a regular board member. An alternate member may not vote on cases before the board when he/she is not filling in for an absent member.

Length of terms. The term of office of members of the board shall be for three (3) years.

Vacancies. Vacancies occurring for reasons other than expiration of terms shall be filled in the same manner as other appointments, as they occur, for the period of the unexpired term.

Compensation. The members of the board shall receive no compensation for their services.

Officers, rules of procedure and conduct of meetings.

The Board of Adjustment shall annually elect one (1) member to serve as chairperson and preside over its meetings and elect one (1) member to serve as vice-chairperson to preside in the absence of the chairperson.

The board shall adopt rules of procedure for the conduct of its affairs and in keeping with the provisions of this ordinance. Such rules of procedure shall not be effective until approved by the Town Council. A complete listing of all officers, terms of office, and rules of procedure shall be maintained for public record by the secretary of the board and a copy of which shall be kept on file in the planning department.

All meetings of the board shall be open to the public and held in accordance with NCGS 143-318.10 et seq., or as may be amended. The board shall follow quasi-judicial procedures as outlined in NCGS 160D-302, NCGS 160D-406 and as provided herein.

Reserved.

Conflict of interest. Members of Board of Adjustment 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 (NCGS 160D-109).

(Ord. No. 24-1230, 7-9-2024)

2.5 - TECHNICAL REVIEW COMMITTEE AND PROCEDURE

The purpose of the Technical Review Committee is to facilitate communication and coordination between departments responsible for development review.

The technical review procedure may be used to review all applications for any application for development approval. The Technical Review Committee shall provide recommendations, as provided herein, regarding the application under its review. Such procedure shall consist of a review by the appropriate technical staff and departments at the discretion of the UDO Administrator. Any findings or recommendations shall be provided to the applicant and applicable approval authority for review purposes.

The Technical Review Committee may include, but not necessarily be limited to, the following individuals/departments: UDO Administrator, building inspector, town manager, fire department, police department, public works department, Division of Coastal Management, NC Department of Environmental Quality, NC Department of Public Safety, and/or US Army Corp of Engineers.

The UDO Administrator may request the participation of professional experts or a representative from county, regional, or state agencies if the UDO Administrator determines that such entities can provide expertise concerning the proposed development.

Such committee may provide recommendations through digital communications or during a scheduled in-person meeting at the discretion of the UDO Administrator.

(Ord. No. 24-1230, 7-9-2024)

2.6 - UDO ADMINISTRATOR

The UDO Administrator, to be designated by the town manager, is hereby authorized and it shall be his/her duty to enforce the provisions of this ordinance. It is the intention of this ordinance that all questions arising in connection with enforcement and interpretation shall be presented first to the UDO Administrator and/or designated agent. Appeal of his/her decision may be made to the Board of Adjustment. All references in this ordinance to the UDO Administrator shall also include, therefore, any other official designee of the town manager. The UDO Administrator shall have the following powers and duties in the administration of the provisions of this ordinance:

To make inspections of buildings or premises as necessary in the performance of his/her duties in the enforcement of this ordinance. In exercising this power, the UDO Administrator is authorized to enter any premises within the jurisdiction of the town at all reasonable hours for the purposes of inspection or other enforcement action, upon presentation of proper credentials; provided, however, that the appropriate consent has been given for inspection of areas not open to the public or that an appropriate inspection warrant has been secured; and

To make all necessary determinations and interpretations as required by this ordinance; and

To propose and promulgate administrative regulations necessary to implement the provisions of this ordinance.

Under no circumstance is the UDO Administrator permitted to make changes in this ordinance or to grant exceptions to the actual meaning of any clause, standard, or regulation contained in this ordinance.

Conflict of interest. No staff member shall make a final decision on an administrative decision if the outcome of that decision would have a direct, substantial, and readily identifiable financial impact on the staff member or if the applicant or other person subject to that decision is a person with whom the staff member has a close familial, business, or other associational relationship. If a staff member has a conflict of interest, the decision shall be assigned to another staff member.

No staff member shall be financially interested or employed by a business that is financially interested in a development subject to regulation under NCGS 160D unless the staff member is the owner of the land or building involved. No staff member or other individual or an employee of a company contracting with the town to provide staff support shall engage in any work that is inconsistent with their duties or with the interest of the town (NCGS 160D-109c).

(Ord. No. 24-1230, 7-9-2024)

2.12 - COMMON REVIEW PROCEDURES

COMPLETE APPLICATIONS

All applications for any approval required by this ordinance must be complete. Applicants who submit incomplete applications will receive a written notice stating the information needed to complete the application.

If a permit application is placed on hold at the request of the applicant for a period of six (6) consecutive months or more, or the applicant fails to respond to comments or provide additional information reasonably requested by the town for a period of six (6) consecutive months or more, the application review is discontinued and the development regulations in effect at the time permit processing is resumed apply to the application.

Applications for development approvals may be made by the landowner, a lessee, or person holding an option or contract to purchase or lease land, or an authorized agent of the landowner. An easement holder may also apply for development approval for such development as is authorized by the easement.

Upon receipt of an application, the UDO Administrator shall determine if the application is complete. A complete application shall include the following:

Contains all information and materials established by the UDO Administrator and/or the requirements of this ordinance as required for submittal of the particular type of application.

Is in the form established by the UDO Administrator as required for submittal of the particular type of application.

Includes information in sufficient detail to evaluate the application to determine whether it complies with the appropriate substantive standards of this ordinance.

Is accompanied by the fee established for the particular type of application.

Is signed by the property owner, a designated owner's agent, or a contract purchaser of a property with a signed statement that the applicant is officially acting on the owner's behalf. Written proof of authority must be submitted with every application.

An approved application for a development approval shall be issued in writing by the UDO Administrator. The UDO Administrator may issue development approvals in print or electronic form. Any development approval issued exclusively in electronic form shall be protected from further editing once issued.

ZONING PERMIT

A zoning permit shall be required for changes of use or of any of the following: all new principal and accessory structures; enlargements of existing structures; construction/installation of fences/walls, piers, docks, decks, stairs, and signs; and/or any activity which proposes to increase the amount of impervious square footage on a lot.

It shall be unlawful to commence site preparation or excavation for the construction of any building or other structure including accessory structures or to commence the moving, alteration or repair of any structure, or the use of any land or building including accessory structures, or the paving, site disturbance, tree removal, or other installation or construction of a hardened surface upon the site, until the UDO Administrator has issued a zoning permit or other applicable permit for such work or use.

Zoning permits shall be void after one (1) year from date of issue if the use has not commenced. Unless substantial progress has been made or a building permit has been issued, an applicant must reapply for a zoning permit or submit an application for approval of vested rights in accordance with provisions of this ordinance.

Zoning permits are transferable so long as the land or structures or any portion thereof covered under a permit continues to be used for the purposes for which the permit was granted.

A completed application form for a zoning permit shall be submitted to the UDO Administrator. An application for a zoning permit must be accompanied by any applicable site plan type required by this ordinance.

The UDO Administrator shall issue the zoning permit if the proposed activity set forth in the application is in conformity with the provisions of this ordinance and any applicable approved plans (e.g., conditional zoning, PUD, preliminary subdivision plat, etc.).

BUILDING AND DEMOLITION PERMIT

Before commencing the construction, erection, repair, alteration, addition to, or moving of any building or structure, or part thereof, or before commencing any excavation for such building or structure, or any form of activity that is within the scope of NCGS Ch. 160D, Art. 11 and chapter 6 (buildings and building regulations) of the town's code of ordinances, a building permit for the same shall be obtained from the applicable building inspector.

Before commencing the removal or demolition of any building or structure or part thereof, a building permit authorizing said removal or demolition shall be obtained from the building inspector.

The applicable building inspector and any other town official or its designee with responsibility over building code and related matters shall have all those powers set forth in NCGS Ch. 160D; NCGS ch. 143, art. 9, and the town's code of ordinances, chapter 6 (buildings and building regulations).

CERTIFICATE OF OCCUPANCY

No new building or part thereof shall be occupied, and no addition or enlargement of any existing building shall be occupied, and no existing building after being altered or moved shall be occupied, and no change of use shall be made in any existing building or part thereof, until a certificate of occupancy has been issued therefor.

A temporary certificate of occupancy may be issued for a stated period of time for a portion or portions of a building which may safely be occupied prior to final completion and occupancy of the entire building or for other temporary uses.

The certificate of occupancy shall be issued after all final inspections have been made.

In the case of existing buildings or other uses not requiring a building permit, after supplying the information and data necessary to determine compliance with this ordinance and appropriate regulatory codes of the town for the occupancy intended, a certificate of occupancy shall be issued when, after examination and inspection, it is found that the building or use in all respects conforms to the provisions of this ordinance and appropriate regulatory codes of the town for the occupancy intended.

A certificate of occupancy may be withheld pending the UDO Administrator determination of compliance with any other requirements of this ordinance.

FLOODPLAIN DEVELOPMENT PERMIT

Floodplain development permits shall be issued by the UDO Administrator for all development located within the Special Flood Hazard Area (SFHA) in accordance with Article 5: Flood Damage Prevention Ordinance.

STORMWATER PERMITS

Applicable stormwater permits, including fill and grade, and clearing, shall be issued by the Stormwater Administrator in accordance with Article 6: Stormwater Management.

SIGN PERMIT

The UDO Administrator or his/her designee shall issue a sign permit for the erection or construction for a sign which meets the requirements of the sign section in Article 3: Zoning and is not subject to exemption from permitting requirements. Each application shall include the following:

Name and address of the owner of the sign.

A scaled drawing displaying the location of the sign on the associated lot, the sign dimensions, construction, height, setbacks from all lot lines, lighting, electrical, and all other elements associated thereto.

Total number of signs existing on site, including the dimensions of each.

Payment of the permit fee.

All permanent signs shall be designed and constructed to meet the requirements of the state building code. Depending on the type of sign construction, the building inspector may require engineered certified plans.

The value of the sign or sign structure.

The method and type of illumination, if any.

The location proposed for such signs in relation to property lines, zoning district boundaries, right-of-way lines, and existing signs.

A graphic representation (hand drawn if necessary), including color scheme, lighting, and landscaping of the proposed sign.

CAMA PERMIT

CAMA permits shall be issued by the Division of Coastal Management or designated town local permit officer for any development within a regulated Area of Environmental Concern as defined by NCGS 113A-113.

OUTDOOR SEASONAL SALES AND TEMPORARY STORAGE CONTAINER PERMITS

Outdoor seasonal sales and temporary storage container permits shall be issued by the UDO Administrator.

Where temporary structures, tents, mobile offices, accessory uses, existing structures, or similar uses are required in connection with the temporary use, a site plan generally drawn to scale shall be submitted and shall show the location or placement of the temporary uses, structures, and accessory uses in conjunction with adjacent streets, parking, attendant accessory uses, existing or proposed structures, and traffic movement or flow pattern, and entrances and exits.

HARDSCAPE PERMITS (PATIOS, DRIVEWAYS, SIDEWALKS, ETC.)

Permit requirements.

New construction or replacement of driveways. Application and issuance of a driveway permit is required prior to construction. The application shall include a site plan that meets all requirements listed within this section. If the proposed driveway will interfere with existing town infrastructure, such as sidewalks, plans for reconstruction shall be provided with the application.

Repair or modification of existing driveways. Proposed changes to the size or location of the existing driveway shall be subject to meeting new construction standards.

A site plan is required with any application for all new or reconstructed driveways. Site plans shall be drawn to scale and include the following information at a minimum:

The location of proposed or existing driveways with dimensions and the distances from other streets and driveways.

ii)

Labeled public rights-of-way and widths.

iii)

Existing infrastructure such as sidewalks, drainage pipes, utility poles, hydrants, or any other features.

iv)

Erosion control and sedimentation plan.

The fee for the permit will be specified in the town's annual fee schedule.

Prior to the issuance of any driveway permit located within a state maintained right-of-way, a copy of an approved NCDOT driveway permit shall be provided to the Town.

FENCE PERMITS AND OTHER MISCELLANEOUS PERMITS

Such permits shall be issued in accordance with the requirements of this ordinance.

(Ord. No. 24-1230, 7-9-2024)

2.13 - MODIFICATION, REVOCATION, AND RESUBMISSION OF A DENIED PERMIT

MODIFICATION OF PERMITS OR APPROVALS

Minor changes to a permit issued or approval granted by the Town Council, the Planning and Zoning Commission, the Board of Adjustment, or the UDO Administrator are permissible and the UDO Administrator may authorize such minor changes unless classified as a major change as provided below.

Major changes to approved permits, plans, and conditions of development may be authorized only by the permit issuing authority in the same manner as outlined in this ordinance for original submission. Major changes include, but are not limited to:

Change in use.

Increase in intensity of the development; such as increase in density of units, whether residential, office, commercial, or industrial; an increase in number of off-street parking or loading spaces; an increase in height; or an increase in impervious surface area.

An increase in overall ground coverage by structures.

A change in any site dimension by more than 10%.

A reduction in approved open space or screening.

A change in access and internal circulation design.

Minor changes, which are not deemed as major changes by the UDO Administrator, may be authorized by the UDO Administrator if required by engineering or other physical circumstances not foreseen at the time of approval. The UDO Administrator shall determine whether amendments to and modifications of permits constitute a minor or major change as described herein.

A developer requesting approval of changes shall submit a written request for such approval to the UDO Administrator, and that request shall identify the changes. Approval of all changes must be given in writing.

Any changes to approved plans and conditions of development in consequence of enforcement actions of this ordinance are not changes subject to this section.

PERMIT REVOCATION

Any permit issued under this ordinance may be revoked by the permit-issuing authority by the same process as was used for the approval (in accordance with the provisions of this section) if the following occurs:

The permit recipient fails to develop or maintain the property in accordance with the plans submitted, the requirements of this ordinance, or any additional requirements lawfully imposed by the permit-issuing board, or

The permit was issued based on erroneous information.

Before a special use permit may be revoked, all of the notice and hearing requirements shall be complied with. The notice shall inform the permit recipient of the alleged grounds for the revocation. Any expiration provisions subject to the initial approval are applicable without regard to revocation requirements.

Before permits other than a special use may be revoked, the UDO Administrator shall give the permit recipient 10 days' notice of intent to revoke the permit and shall inform the recipient of the alleged reasons for the revocation and of his/her right to request an informal hearing on the allegations. If the permit is revoked, the UDO Administrator shall provide to the permittee a written statement of the decision and the reasons therefor. Appeals of revoked permits may be made to the Board of Adjustment.

No person may continue to make use of land or building in the manner authorized by any permit issued under this ordinance after such permit has been revoked in accordance with this ordinance.

RESUBMISSION OF A DENIED PETITION

Whenever an application for a permit or approval authorized by this ordinance is denied, on any basis other than the failure of the applicant to submit a complete application, such action may not be reconsidered within a 12 month period unless explicitly specified by this ordinance or the applicant clearly demonstrates that:

Circumstances affecting the property that is the subject of the application have substantially changed or new information is available that could not with reasonable diligence have been previously presented. A request to be heard on this basis must be filed in writing with the UDO Administrator.

Once a petition for rezoning or ordinance text amendment has been denied, no resubmission of the same request for rezoning or ordinance text amendment may be filed within 12 months from the date of such denial by the Town Council, unless the Town Council shall unanimously find that changing conditions in the area or new information concerning the property requested for rezoning warrant a resubmission for change in this chapter or map. Provided that the 12 month waiting period shall not be applicable or otherwise be involved in the filing of a new application for rezoning all or any part of the property previously considered by the Planning and Zoning Commission or the Town Council where the new application requests rezoning to a different zoning district classification. Nevertheless, not more than two (2) applications may be filed for rezoning and/or part of the same property within any 12-month period.

(Ord. No. 24-1230, 7-9-2024)

2.14 - SPECIFIC REVIEW PROCEDURES

PURPOSE AND INTENT

It is the purpose of the review procedures of this article to ensure:

All applicable town regulations associated with a property and of adjacent land have been recognized and evaluated.

A clear and understandable decision can be made concerning proposed development.

It is further the purpose of the review procedures of this article to ensure regulations are enforced that will:

Ensure the health, safety, and welfare of the community and its natural environment.

Conserve and enhance property values.

Preserve adequate space for vehicular and transportation facilities associated with new development.

Provide for effective traffic movement without congestion and hazards.

Provide for effective stormwater management and control.

Assure that public utilities and services are provided in a safe and healthful manner, consistent with applicable regulations and standards.

It is the intent of all applicable review and approval procedures to ensure:

Staff will be involved in providing supporting information on the process for any development approval.

The burden of preparing any development approval application and providing proof of compliance lies with the applicant.

MINOR SITE PLAN

Purpose. Minor site plan review is intended to ensure that the layout and general design of low-intensity development is compatible with all applicable standards in this ordinance and all other applicable town regulations.

Applicability. The following development types must submit a minor site plan as specified in this ordinance:

Changes of use.

Proposals for single-family residential uses and residential structures consisting of four (4) or fewer dwelling units or for renovation/rehabilitation projects that will modify an existing structure's footprint.

Accessory structures, construction/installation of fences/walls, piers, docks, decks, stairs, signs, driveways, and/or similar ancillary support items.

Increase in intensity or units of residential development consisting of four (4) or fewer existing dwelling units and to include any of the following:

An increase in number of off-street parking or loading spaces; or an increase in impervious surface area.

ii)

An increase in overall ground coverage by structures.

iii)

A reduction in approved open space or screening.

iv)

A change in access and internal circulation design.

Application Materials and Submittal. One (1) digital copy of the minor site plan shall be submitted with all such applications. Minor site plans shall be submitted for review along with the typical building permit application, when required. When a building permit is not required, a copy of the plan should be submitted directly to the UDO Administrator for review and approval. Minor site plans shall be prepared and sealed by a licensed land surveyor, landscape architect, or engineer registered to practice in the State of North Carolina.

Accessory structures less than 325 square feet; the increase in impervious surfaces on a site by less than 325 square feet; and construction/installation of fences/walls, piers, docks, decks, stairs, signs, and driveways do not require a site plan to be prepared by a licensed professional unless otherwise required by this ordinance. For example, development within the Special Flood Hazard Area will be subject to all applicable site plan requirements of the Flood Damage Prevention Ordinance.

A site plan is not required for changes of use whereby no increase in impervious square footage is proposed or any other modification of exterior site characteristics is to be proposed.

Minor site plan criteria. All minor site plans shall include the following, where applicable:

The name, address, and phone number of the professional(s) responsible for preparing the plan if different than the applicant.

Engineer's scale one (1) inch equals 40 feet or larger.

Title block or brief description of project including all proposed uses.

Date.

North arrow.

Property and zoning boundaries.

The square footage of the site.

Lot coverage (buildings, decks, steps).

Impervious coverage.

Location of all existing and proposed structures and the setbacks from property lines of all affected structures to remain on-site.

Design of driveways and parking/loading areas with parking spaces individually numbered in sequential order.

Adjacent rights-of-way labeled with the street name and right-of-way width.

Location of all existing and/or proposed easements.

Location of flood zones and finished floor elevations.

Vision clearance area.

CAMA areas of environmental concern (AEC) and CAMA setbacks.

Minor Site Plan Review Procedure:

Within 30 working days of receipt of a complete application for a minor site plan, the UDO Administrator shall review the plans and make a determination to approve or disapprove plans based on this ordinance and other applicable land development ordinances.

If it is determined that more information is needed or that a significant number of changes must be made before the plan can be approved, the applicant shall make the necessary changes; and resubmit the plans. All resubmissions shall contain a list of the changes made. A new 30-day review period may begin on the date of the re-submission of a required information.

If plan approval is denied, the reasons for this action shall be communicated to the applicant in writing.

Minor site plan approval expires 24 months from the date of approval.

Zoning permits may be issued once the minor site plan is approved.

In the event of failure to comply with an approved minor site plan or condition related thereto, the plan shall immediately become void and of no effect, no further permits for construction or compliance shall be issued and existing permits may be suspended or revoked by the UDO Administrator.

MAJOR SITE PLAN

Purpose. Major site plan review is intended to ensure that the layout and general design of proposed development is compatible with all applicable standards in this ordinance and all other applicable town regulations.

Applicability. The following development types must submit a site plan as specified in this ordinance:

Residential uses of five (5) or more units.

New nonresidential (office, commercial, or industrial, etc.) use.

Increase in intensity of the nonresidential development or residential development consisting of five (5) or more existing dwelling units to include any of the following:

An increase in density of units, whether residential, office, commercial, or industrial; an increase in number of off-street parking or loading spaces; or an increase in impervious surface area;

ii)

An increase in overall ground coverage by structures;

iii)

A reduction in approved open space or screening;

iv)

A change in access and internal circulation design.

All other development not subject to minor site plan, conditional zoning, subdivision, or special use permit approval.

Application Materials and Submittal. One (1) digital copy of the major site plan shall be submitted with all such applications. Site plans shall be submitted for review along with the typical building permit application, when required. When a building permit is not required, a copy of the plan should be submitted directly to the UDO Administrator for review and approval. Site plans shall be prepared and sealed by a licensed land surveyor, landscape architect, or engineer registered to practice in the State of North Carolina.

Major site plan criteria. All major site plans shall include the following, where applicable:

The name, address, and phone number of the professional(s) responsible for preparing the plan if different than the applicant.

Engineer's scale one (1) inch equals 40 feet or larger.

Title block or brief description of project including all proposed uses.

Date.

North arrow.

Property and zoning boundaries.

The square footage of the site.

Lot coverage (buildings, decks, steps).

Impervious coverage.

Location of all existing and proposed structures and the setbacks from property lines of all affected structures to remain on-site.

Design of driveways and parking/loading areas with parking spaces individually numbered in sequential order.

Adjacent rights-of-way labeled with the street name and right-of-way width.

Location of all existing and/or proposed easements.

Location and design of refuse facilities.

Approximate locations and sizes of all existing and proposed utilities.

Existing and/or proposed fire hydrants (showing distances).

Adjacent properties with owners information and approximate location of structures.

Distances between all buildings.

Number of stories and height of all structures.

Locations of all entrances and exits to all structures.

Calculation of the gross floor area with each room labeled (i.e., kitchen, bedroom, bathroom).

Exterior lighting locations with area of illumination illustrated, as well as the type of fixtures and shielding to be used.

Location of flood zones and finished floor elevations.

CAMA areas of environmental concern (AEC) and CAMA setbacks.

Delineation of natural features and wetlands with existing and proposed topography with a maximum of two (2) foot contour intervals.

Proposed landscaping including percentages of open space.

aa)

Stormwater management systems.

bb)

Species identification of all trees greater than three (3) inches diameter at breast height (DBH).

cc)

Vision clearance area.

dd)

Cross-sectional details of all streets, roads, ditches, and parking lot improvements.

ee)

Building construction and occupancy type(s) per the building code.

ff)

Location of fire department connection(s) for standpipes.

gg)

Turning radii, turnarounds, access grades, height of overhead obstructions.

hh)

Dimensions and locations of all signs.

ii)

A vicinity map drawn with North indicated.

jj)

Submission of the total daily water flow usage and sewer design flow by a design professional.

Major Site Plan Review Procedure:

Within 30 days of receipt of a complete application for a site plan, the UDO Administrator and Technical Review Committee (if applicable) shall review the plans. Following any applicable TRC review and within 30 days of receipt of the complete application, the UDO Administrator shall make a determination to approve or disapprove plans based on this ordinance and other applicable land development ordinances.

If plan approval is denied, the reasons for this action shall be communicated to the applicant in writing.

Major site plan approval expires 24 months from the date of approval.

Zoning permits may be issued once the site plan is approved.

In the event of failure to comply with an approved site plan, the plan shall immediately become void and of no effect, no further permits for construction or compliance shall be issued and existing permits may be suspended or revoked by the UDO Administrator.

SPECIAL USE PERMIT

Special use permits (S.U.P.) add flexibility to this ordinance. Subject to high standards of planning and design, certain property uses may be allowed in certain districts where these uses would not otherwise be acceptable. By means of controls exercised through the special use permit procedures, property uses which would otherwise be undesirable in certain districts can be developed to minimize any adverse effects they might have on surrounding properties.

Special use permits shall only be considered where a major change of a previously issued conditional or special use permit is proposed. Special use permits seeking major changes may be granted by the Town Council as applicable.

The owner or owners, or their duly authorized agent, of the property included in the application for a special use permit shall submit a complete application and supplemental information to the UDO Administrator. A fee in accordance with the town's adopted schedule of fees, payable to the town, must accompany each application.

A site plan shall be prepared in accordance with the plan submittal requirements for major site plans shall be included in the application for a S.U.P.; however, the review procedures for special use permits shall be governed by this article, as set forth in the paragraphs following.

Upon determination that a S.U.P. permit application is complete, within 30 days of the submittal date, the UDO Administrator and the Technical Review Committee (if applicable) shall review the application and make a recommendation to the Town Council as to compliance with this ordinance. The S.U.P. application will be placed on the agenda of the next regularly scheduled Town Council meeting following 60 days of submittal of a complete application.

The Technical Review Committee and UDO Administrator may recommend, and the Town Council in granting the permit may designate, such conditions in addition and in connection therewith as will in its opinion assure that the use in its proposed location will be harmonious with the spirit of this article. All such additional conditions shall be entered in the minutes of the meeting at which the permit is granted and also on the certificate of the special use permit or on the plans submitted therewith. All specific conditions shall run with the land and shall be binding on the original applicants for the special use permit, their heirs, successors, and assigns.

In addition to the specific conditions imposed by the regulations of this ordinance and whatever additional conditions the Town Council deems reasonable and appropriate, all special uses shall comply with the height, yard area, and parking regulations for the district in which they are to be located.

Notice of quasi-judicial hearing. Notice of hearings conducted pursuant to this section shall be mailed to the person or entity whose 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. The notice must be deposited in the mail at least 10 days, but not more than 25 days, prior to the date of the hearing. Within that same time period, the town 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..

Quasi-judicial hearing procedure. All applications for a special use permit shall follow quasi-judicial procedures as required by NCGS 160D-406.

10.

Specific standards. No special use shall be granted by Town Council unless the following provisions and arrangements, where applicable, have been made to the satisfaction of the council:

Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe;

Off-street parking and loading areas where required, with particular attention to ingress/egress and the economic, noise, glare, or odor effects of the special use on adjoining properties and properties generally in the district.

Refuse and service area, with particular reference to the subsections concerning ingress/egress to the property and off-street parking and loading of this section.

Utilities, with reference to locations, availability, and compatibility.

Screening and buffering with reference to type, dimensions, and character.

Signs, if any, and proposed exterior lighting with reference to glare, traffic safety, economic effect, and compatibility and harmony with properties in the district.

Required yards and other open space and preservation of existing trees and other attractive natural features of the land.

11.

General conditions. The Town Council, in granting the permit, must also find that all four (4) of the following conditions exist:

That the use will not materially endanger the public health or safety if located where proposed and developed according to the plan as submitted and approved by the issuance of the S.U.P.

That the use meets all required conditions and specifications.

That the use will not substantially injure the value of adjoining or abutting property, or that the use is a public necessity; and

The location and character of the use if developed according to the plan as submitted and approved will be in harmony with the area in which it is to be located and in general conformity with the Town's comprehensive plan and policies.

12.

A finding of the Town Council that the four (4) required conditions exist, or a finding that one (1) or more of the four (4) required conditions do not exist, shall be based on sufficient and competent evidence presented to the Town Council at the hearing at which the special use permit is requested.

13.

Issuance, denial of permit. When issuing or denying special use permits, a majority vote shall be required for the Town Council to issue such permits, and every such decision of the Town Council shall be subject to review by the superior court by proceedings in the nature of a certiorari. Appeals of special use permit decisions shall be in accord with NCGS 160D-406(k).

14.

Issuance, non-exemption from normal site plan review. Issuance of a special use permit based upon a schematic site plan does not exempt the applicant from normal site plan review requirements of this ordinance.

15.

The UDO Administrator shall ensure compliance with plans approved by the Town Council and with any other conditions imposed upon the special use permit. Further, finding a failure to comply with the plans approved by the Town Council and with any other conditions imposed upon the special use permit, and subject to applicable administrative review and appeal procedures, no building permits for further construction shall be issued, and all completed structures shall be regarded as nonconforming uses subject to the provisions of this ordinance.

16.

A special use permit, issued by the Town Council, shall expire if start of construction or occupancy of the proposed use as specified on the special use permit has not commenced within 24 months of the date of issuance. At the request of the permittee, and for good cause shown, the Town Council may extend said period required for start of construction or occupancy for up to 12 months. Expiration shall occur following this 24 month period if the UDO Administrator finds that common law vesting is not applicable to the site. The special use permit shall expire regardless of notice from the UDO Administrator.

VARIANCE

An application for a variance shall be submitted to the Board of Adjustment by filing a copy of the application with the UDO Administrator. A site plan shall accompany the variance application where applicable, based upon the criteria established for major and minor site plan submittals.

Notice of quasi-judicial hearing. Notice of hearings conducted pursuant to this section shall be mailed to the person or entity whose 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; and to the owners of all parcels of land abutting the parcel of land that is the subject of the hearing. The notice must be deposited in the mail at least 10 days, but not more than 25 days, prior to the date of the hearing. Within that same time period, the town 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.

A variance may be approved by the Board of Adjustment if it concludes that, by granting the variance, all the following findings of fact are met by the Board of Adjustment's decision and that the variance is the minimum variance that will make possible the reasonable use of the land, building, or structure. The Board may reach these conclusions if they find that:

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

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;

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

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

In granting variances, the Board of Adjustment may impose such reasonable conditions, as to ensure that the use of the property to which the variance applies will be as compatible as practicable with the surrounding properties.

The Board of Adjustment may take a separate vote and vote affirmatively by a four-fifths (4/5) majority on each of the four (4) required statutory findings as provided in NCGS 160D-705(d). Insofar as practicable, a motion to make an affirmative finding on all of the requirements set forth in NCGS 160D-705(d) shall include a statement of the specific reasons or findings of fact supporting such a motion.

A motion to deny a variance may be made on the basis that any one (1) or more of the four (4) criteria set forth in NCGS 160D-705(d) are not satisfied or that the application is incomplete. Insofar as practicable, such a motion shall include a statement of the specific reasons or findings of fact that support it. This motion is adopted as the Board of Adjustment's decision if supported by more than one-fifth (1/5) of the Board's membership (excluding vacant seats).

Findings of fact made by the Board of Adjustment under this section shall be based upon only the evidence presented at the hearing at which the variance is considered.

The nature of the variance and any conditions attached to it shall be entered on the face of the zoning permit, or the zoning permit may simply note the issuance of the variance and refer to the written record of the variance for further information. All such conditions are enforceable in the same manner as any other applicable requirement of this ordinance.

No change in permitted uses may be authorized by variance.

10.

A variance may be issued for an indefinite duration or for a specified duration only.

11.

The decision of the Board of Adjustment shall be delivered by personal delivery, electronic mail, or by first-class mail to the applicant, property owner, and to any person who has submitted a written request for a copy, prior to the date the decision becomes effective, by the town clerk.

12.

An aggrieved person may appeal a decision by the Board of Adjustment on an application for appeal to the Superior Court. Such appeal shall be in the nature of certiorari and must be filed within 30 days of the effective decision and as provided by NCGS 160D-406(k).

APPEAL

An appeal from any final order or decision of the UDO Administrator or official charged with enforcement of the UDO or other ordinance that regulates land use or development may be taken to the Board of Adjustment by any party who has standing under NCGS 160D-1402(c). Appeals of a final subdivision decision may be made in accordance with NCGS 160D-1403(b). The official who made the decision shall give written notice to the owner of the property and the party who sought the decision, if different. A notice of appeal, specifying the grounds therefore, shall be considered filed with the official and the Board of Adjustment when delivered to the town clerk, and the date and time of filing shall be entered on the notice by the clerk.

An appeal must be taken within 30 days after the date of the decision or order appealed from. Any person with standing to appeal has 30 days from receipt from any source of actual or constructive notice of the final decision or notice of determination within which to file an appeal. In the absence of evidence to the contrary, notice given pursuant to NCGS 160D-403(b) by first-class mail is deemed received on the third business day following deposit of the notice for mailing with the United States Postal Service.

Notice of quasi-judicial hearing. Notice of hearings conducted pursuant to this section 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. The notice must be deposited in the mail at least 10 days, but not more than 25 days, prior to the date of the hearing. Within that same time period, the town 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.

Whenever an appeal is filed, the official shall forthwith transmit to the Board of Adjustment all the papers, documents and exhibits constituting the record relating to the action appealed from, with a copy provided to the appellant and land owner, if the landowner is not the appellant.

An appeal of a notice of violation or other enforcement order stays enforcement of the action appealed from and accrual of any fines assessed during the pendency of the appeal to the Board of Adjustment and any subsequent appeal in accordance with NCGS 160D-1402 or during the pendency of any civil proceeding authorized by law or appeals therefrom, unless the official who made the decision certifies to the board after notice of appeal has been filed that, because of the facts stated in an affidavit, a stay would cause imminent peril to life or property or, because the violation is transitory in nature, a stay would seriously interfere with enforcement of the development regulation. In that case, enforcement proceedings are not stayed except by a restraining order, which may be granted by a court. If enforcement proceedings are not stayed, the appellant may file with the official a request for an expedited hearing of the appeal, and the board shall meet to hear the appeal within 15 days after such a request is filed.

Notwithstanding any other provision of this section, appeals of decisions granting a development approval or otherwise affirming that a proposed use of property is consistent with the development regulation does not stay the further review of an application for development approvals to use the property; in these situations, the appellant or town may request and the board may grant a stay of a final decision of development approval applications, including building permits affected by the issue being appealed.

The official who rendered the determination that has been appealed shall appear at the hearing as a witness. The Board of Adjustment by majority vote may reverse or affirm (wholly or partly) or may modify the order, requirement, decision, or determination appealed from and shall make any order, requirement, decision, or determination that in its opinion ought to be made in the case before it. To this end the board shall have all the powers of the officer from whom the appeal is taken. The board shall continue the hearing if new issues are presented at the hearing that were not in the notice of appeal and immediate consideration might unduly prejudice a party of interest or the town.

The final written decision of the Board of Adjustment shall be delivered by personal delivery, electronic mail, or by first-class mail to the applicant, property owner, and to any person who has submitted a written request for a copy, prior to the date the decision becomes effective, by the town clerk.

(Ord. No. 24-1230, 7-9-2024)

2.15 - CREATION OF NEW LOTS/DIVISION OF LAND

GENERAL

No land within the town's planning jurisdiction shall be subdivided, combined, or re-subdivided and offered for sale, gifted, exchanged, or in any other way conveyed until a plat thereof has been approved as herein provided. No plat shall be recorded by the New Hanover County Register of Deeds until this approval is entered in writing on the face of the plat as herein provided.

EXEMPT PLAT REVIEW

Applicability. Divisions or land and creation of lots which do not meet the statutory definition of subdivision in accordance with NCGS 160D-802 or are as provided in this section. In accordance with NCGS 160D-802(a)(1) and (4), newly created lots must be equal to or exceed the dimensional standards of the zoning district in which they are located.

Application Materials and Submittal. The applicant shall submit one (1) digital copy of the final plat so marked to UDO Administrator for approval. The final plat shall be prepared by a licensed land surveyor or engineer registered to practice in the state of North Carolina. The final plat shall conform to the provisions for plats, subdivisions, and mapping requirements set forth in NCGS 47-30 and the Standards of Practice for Land Surveying in North Carolina.

Property owners or their authorized agents must present a paper or recordable map to the UDO Administrator for determination of whether the action created by the recording of the map meets the ordinance standards to be exempt.

In addition to the divisions of land identified in NCGS 160D-802(a)(1) through (4), the following divisions of land shall not be included within the definition of the term "subdivision" and shall not be subject to the lot dimensional standards in this ordinance: (1) the division of land for the purpose of creating a lot for use as a site for a public utility; (2) the creation of a lot to be conveyed to the town or to a non-profit entity for the purpose of creating public parks, public access, or public open space, provided that the plat and the deed creating such parcel shall specifically state that the parcel created may not be used for any other purpose; and (3) the division of land owned by a governmental entity to facilitate the conveyance of a portion of said land to another governmental entity for governmental or public use.

If the proposal meets the exemptions listed in this ordinance or in NCGS 160D-802 the UDO Administrator shall sign an exemption note on the face of the recordable map before it is recorded. Such approval shall be granted within 14 days of submittal of a complete application therefor.

If the proposal does not meet the exemptions, the UDO Administrator shall return the unsigned map to the property owner or authorized agent with a written description of why the map does not qualify to be exempt.

The applicant shall file any approved exempt plat with the Register of Deeds of New Hanover County within 30 days of approval; otherwise, such approval shall be null and void.

The exempt plat shall include all of the required certificates as provided in Appendix A: Submission Requirements.

EXPEDITED MINOR SUBDIVISION REVIEW

Applicability. The town only requires submittal of a final plat for review of an expedited minor subdivision if it meets the criteria as provided in NCGS 160D-802(c).

Application Materials and Submittal. The applicant shall submit one (1) digital copy of the final plat so marked to the UDO Administrator for approval. The final plat shall be prepared by a licensed land surveyor or engineer registered to practice in the state of North Carolina. The final plat shall conform to the provisions for plats, subdivisions, and mapping requirements set forth in NCGS 47-30 and the Standards of Practice for Land Surveying in North Carolina.

The UDO Administrator shall review the final plat and shall proceed with approval, conditional approval with modifications to bring the plat into compliance, or disapproval of the final plat with reasons within 14 days of initial receipt of a complete application for an expedited minor subdivision plat.

The applicant shall file any approved final plat with the Register of Deeds of New Hanover County within 30 days of approval; otherwise, such approval shall be null and void.

The minor subdivision plat shall include all of the required certificates as provided in Appendix A: Submission Requirements.

MINOR SUBDIVISION PRELIMINARY PLAT

Applicability. Subdivisions of five (5) or fewer lots, regardless of right-of-way dedication or utility extension.

Application Materials and Submittal. One (1) digital copy of the minor subdivision preliminary plat shall be submitted with all applications for such.

The minor subdivision preliminary plat shall be prepared by and sealed by a licensed land surveyor or engineer registered to practice in the state of North Carolina, and shall include all of the required certificates as provided in Appendix A: Submission Requirements in addition to any other required information in Article 4: Subdivision Regulations.

Minor subdivision preliminary plat review procedure:

The UDO Administrator or his/her designee will review the minor subdivision preliminary plat. If the UDO Administrator determines that more information is needed or that a significant number of changes must be made before the plat can be approved, the applicant shall make the necessary changes; and re-submit the plat. All re-submissions shall contain a list of the changes made. A new 30-day review period may begin on the date of the re-submission of a required information.

Upon determination that a minor subdivision preliminary plat application is complete, within 30 days of the submittal date, the UDO Administrator and the TRC (if applicable) shall review the plat. Following any applicable TRC review and within 30 days of receipt of the complete application, the UDO Administrator shall approve, conditionally approve, or disapprove the preliminary plat. If the plat is disapproved, the reasons shall be set forth in writing and refer specifically to those parts of this ordinance or other land development ordinances with which the plat does not comply.

Approval of the minor subdivision preliminary plat by UDO Administrator is authorization for the subdivider to proceed with the construction of the required improvements in preparation for submission of the final plat.

The minor subdivision preliminary plat shall contain or be accompanied by all of the following information.

Description.

Proposed name of subdivision.

ii)

Name of owner, surveyor, and designer.

iii)

Graphic scale, true and grid north points, and date of preparation.

iv)

Vicinity map showing relationship of the subdivision site to the surrounding area.

Existing conditions.

Topography by contours at vertical intervals of not more than two (2) feet tied to mean sea level datum.

ii)

Zoning district classification (if there is more than one classification, the dividing lines should be shown) on land to be subdivided and on adjoining lands.

iii)

Names of adjoining property owners or subdivisions.

iv)

The boundary lines of the tract to be subdivided, drawn accurately with all bearings and distances.

Acreage to be subdivided.

vi)

In case of resubdivision, a copy of existing plat.

vii)

Location of streams, lakes, ocean, and swamps with direction of flow and elevations.

viii)

Location of existing and platted property lines. Location, width, and names of all platted roads, railroads, utility rights-of-way, public areas, existing buildings, or structures, and planning region boundary lines. Existing sewers, water mains, drains, culverts, or other underground facilities within the tract or within the right-of-way of boundary roads, with pipe sizes, grades, and invert elevations from public records. Location of these facilities in adjoining tracts or subdivisions if proposed for use or extension.

ix)

Regulatory flood elevations and boundaries of flood-prone areas, including floodways, if known.

Identify any lots located in the CAMA AEC.

Proposed conditions.

Layout and elevation of roads, alleys, and public crosswalks, with widths noted; road names or designation; grades and cross sections.

ii)

Layout of all lots and building sites including building setback lines and lot divisions; scaled dimensions of all lots and lots on curvilinear sections of roads; utility easements with width and use on all lots; total number of lots.

iii)

Preliminary plan of on-site waste disposal systems including disposal sites for lands subject to flooding or sanitary sewers with grade, pipe size, points of discharge.

iv)

Where public water and/or public sewer is not available for extension to each lot in the subdivision, a written statement from the county health department shall be submitted with the preliminary plat indicating that each lot has adequate land area and soil conditions to accommodate the proposed methods of water supply and sewage disposal.

Preliminary plan of the drainage system with grade, pipe size, and location of outlet.

vi)

Preliminary plan of the water supply system, if any, with pipe sizes and location of hydrants.

vii)

Proposed fill or other structure elevating techniques, levees, channel modifications, seawalls and other methods to overcome flood- or erosion-related hazards.

viii)

In subdivisions where a lot or lots or street right-of-way will be created by land filling, additional data shall be provided regarding the sources of fill; types of fill; method of filling; method of disposing of vegetation and other undesirable materials; proposed elevations; test boring analysis of fill material; and/or preliminary letter of review and comment by the United States Soil Conservation Service/United States Army Corps of Engineers;

ix)

Designation of all land to be reserved or dedicated for open space, recreation use, or school sites. Acreage should be shown for total of land uses.

Draft of proposed restrictive covenants (if any) to be imposed and areas subject to special restrictions.

MAJOR SUBDIVISION PRELIMINARY PLAT

Applicability. Subdivisions of six (6) or more lots.

Pre-Application Meetings. Applicants may request a pre-application meeting with the UDO Administrator prior to submission of an application to discuss procedural and substantive matters related to the proposed application.

Application Materials and Submittal. One (1) digital copy of the major subdivision preliminary plat shall be submitted with all applications for such.

The major subdivision preliminary plat shall be prepared by and sealed by a licensed land surveyor or engineer registered to practice in the state of North Carolina, and shall include all of the required information for minor subdivision preliminary plats and certificates as provided in Appendix A: Submission Requirements in addition to any other required information in Article 4: Subdivision Regulations.

Major subdivision preliminary plat review procedure:

The UDO Administrator or his/her designee will review the major subdivision preliminary plat. If the UDO Administrator determines that more information is needed or that a significant number of changes must be made before the plat can be approved, the applicant shall make the necessary changes; and re-submit the plat. All re-submissions shall contain a list of the changes made. A new 30-day review period may begin on the date of the re-submission of a required information.

Upon determination that a major subdivision preliminary plat application is complete, within 30 days of the submittal date, the UDO Administrator and the Technical Review Committee (if applicable) shall review the plat and make a recommendation to the Planning and Zoning Commission as to compliance with this ordinance. The major subdivision preliminary plat will be placed on the agenda of the next regularly scheduled Planning and Zoning Commission meeting following 30 days of submittal of a complete application for a major subdivision preliminary plat.

The Planning and Zoning Commission shall review and take final action on each preliminary plat within 45 days of their first meeting.

If the plat is approved, approval shall be noted on at least two (2) copies of the plat by the Planning and Zoning Commission chairperson. One (1) copy shall be retained by the UDO Administrator as record of its proceedings; one (1) copy shall be returned to the subdivider.

Installation/arrangement of plat improvements. Upon approval of the preliminary plat by the Planning and Zoning Commission, the subdivider may proceed with the installation or arrangement for required improvements in accordance with the approved preliminary plat and the requirements of this ordinance, and then may proceed with the preparation of the final plat.

The approval granted by the Planning and Zoning Commission shall expire 24 months from the date of action by the Planning and Zoning Commission, unless subject to vesting as a multi-phased development in accordance with NCGS 160D-108. However, extensions may be granted upon application and request for such to the Planning and Zoning Commission. Such time limits shall expire automatically unless extended by the Planning and Zoning Commission, and once lapsed shall not be extended except through a new application process.

MINOR AND MAJOR SUBDIVISION FINAL PLAT

Applicability. Minor and major subdivisions whereby a subdivision preliminary plat (if applicable) has been approved and all necessary and/or required improvements have been installed in accordance with Article 4: Subdivision Regulations. No final plat will be accepted for review by the UDO Administrator unless such plat is accompanied by executed certificate statements attesting to sufficient completion of any required improvement.

The final plat shall constitute only that portion of the preliminary plat, which the subdivider proposes to record and develop at the time; such portion shall conform to all requirements of this ordinance.

All improvements required by Article 4: Subdivision Regulations shall be installed, inspected, and approved prior to approval of any final plat. All required improvements, except the final inch of asphalt on roadways; landscaping; and sidewalks shall be installed, inspected, and approved prior to approval of any final plat. A Subdivision Improvement Agreement shall be entered into for the purpose of guaranteeing the proper installation of the final lift of asphalt, landscaping, and sidewalks.

Subdivision Improvement Agreements. The UDO Administrator shall have the authority to review and approve all subdivision improvement agreements. The Subdivision Improvement Agreement shall guarantee completion of all eligible on-site and off-site public improvements no later than one (1) year following the date upon which the final plat is recorded unless the developer determines that the scope of work for the required improvements necessitates a longer duration. In the case of a bonded obligation, the completion date shall be set one (1) year from the date the bond is issued, unless the developer determines that the scope of work for the required improvements necessitates a longer duration. A developer shall demonstrate reasonable, good-faith progress toward completion of the required improvements that are secured by the guarantee or any extension. If the improvements are not completed to the specifications of town, and the current improvement guarantee is likely to expire prior to completion of the required improvements, the guarantee shall be extended by the UDO Administrator for additional period not to exceed six (6) months. An extension under this subdivision shall only be for a duration necessary to complete the required improvements. The applicant shall bear the responsibility to prepare a Subdivision Improvement Agreement. The town attorney shall approve any Subdivision Improvement Agreement as to form.

Performance Security. Whenever an applicant is subject to enter into a Subdivision Improvement Agreement, the applicant shall be required to provide sufficient security to ensure completion of the required public improvements. The security shall be in any form authorized by NCGS 160D-804.1(1). If in the form of a surety bond, the bond shall be reviewed annually.

The letter of credit, cash escrow, or surety bond, or other approved guarantee shall be in an amount reflecting 125% of the cost of the improvements and shall be sufficient to cover all promises and conditions contained in the Subdivision Improvement Agreement. An engineer selected by the town shall review and approve the estimated cost of improvements before the agreement is executed. The applicant shall be required to be pay for the cost of such services. The estimated cost shall be broken down separately for each element of the agreement. In addition to all other security, when the town participates in the cost of an improvement, the applicant shall provide a performance bond from the contractor, with the town as a co-obligee. The issuer of any surety bond shall be subject to the approval of the town attorney and the UDO Administrator.

If security is provided in the form of a cash escrow, the applicant shall deposit with the town finance director a cash amount or certified check endorsed to the escrow agent for a face value in an amount not less than the amount specified herein. The surety bond or cash escrow account shall accrue to the town for administering the construction, operation, and workmanship of the improvements. Where oversized facilities are required, the UDO Administrator and applicant shall specify a reimbursement procedure in the Subdivision Improvement Agreement.

Release of Performance Security. Upon completion of all improvements required by the Subdivision Improvement Agreement, the UDO Administrator shall have the work inspected. If the UDO Administrator determines that the work is satisfactory and complete, the letter of credit, cash escrow, or surety bond shall be released. The UDO Administrator shall also require evidence from the subdivider that all contractors have been paid in full prior to the release of the performance security.

Failure to Complete Improvements. If a Subdivision Improvement Agreement has been executed, security has been posted, and required public improvements are not installed pursuant to the terms of the Agreement, the UDO Administrator may:

Declare the Agreement to be in default 30 days prior to the expiration of the guarantee instrument, and require that all public improvements be installed regardless of the extent of completion of the development at the time the agreement is declared to be in default;

ii)

Obtain funds pursuant to the surety and complete the public improvements by itself or through a third party;

iii)

Assign its right to receive funds pursuant to the surety in whole or in part to any third party, including a subsequent owner of the subdivision or addition for whom the public improvements were not constructed, in exchange for the subsequent owner's agreement to complete the required public improvements; and/or

iv)

Exercise any other rights available under the law.

Application Materials and Submittal. One (1) digital copy of the subdivision final plat shall be submitted with all such applications.

Final As-Built Drawings are required for all plats which are subject to the installation of required improvements. Accompanying the application for a subdivision final plat approval will be digital copies of as-built drawings showing the actual construction, location, and materials used in the installation of all required improvements as required by Article 4: Subdivision Regulations. These drawings will become a part of the public record of the town.

The subdivider shall within 24 months of the date of minor or major subdivision preliminary plat approval or approval with conditions, unless subject to vesting as a multi-phased development in accordance with NCGS 160D-108, to submit to the UDO Administrator a complete application for approval of a final plat. If the preliminary plat was approved with conditions, the final plat shall show the modifications made to meet the conditions attached to the preliminary plat approval. Final plats can continue to be submitted for subsequent sections of the subdivision beyond the 24 months provided the first phase receives final approval during the initial 24-month period. Each successive final plat for a stage of the subdivision shall be submitted for approval within 24 months of the date of approval of the previous final plat for a stage of the subdivision.

The subdivision final plat shall be prepared by and sealed by a licensed land surveyor or engineer registered to practice in the state of North Carolina. The final plat shall constitute only that portion of the approved preliminary plat which the subdivider proposes to record and develop at the time and shall include all of the following required information in addition certificates as provided in Appendix A: Submission Requirements and any other required information in Article 4: Subdivision Regulations. The final plat shall be drawn to the same scale and on the same size sheets as was the preliminary plat and shall conform to the preliminary plat as it was approved. The final plat shall contain the following information:

Regulatory flood elevations and areas subject to special deed restrictions;

Sufficient engineering data to reproduce on the ground every straight or curved boundary line, street line, lot line, right-of-way line, and setback line, including dimensions, bearings, or deflection angles, radii, arcs, chords, central angles, and tangent distances for the centerline of curved streets and curved property lines that are not the boundary of curved streets. All dimensions shall be measured to the nearest one-hundredth of a foot and all angles to the nearest minute;

The accurate locations and descriptions of all monuments, markers, and control points;

The blocks numbered consecutively throughout the entire subdivision and the lots numbered consecutively throughout each block;

Minimum building setback lines;

The widths, and names where appropriate, of all proposed streets and alleys, and of all adjacent streets, alleys, and easements which shall be properly located;

The name of the subdivision, the owner, and the surveyor or engineer.

The date of the survey and plat preparation, a north arrow indicating whether true or magnetic, and graphic scale;

A statement indicating whether deed restrictions exist and the subject and location of same.

10.

Any other information considered by the subdivider to be pertinent to the review of the final plat.

11.

Reserved.

12.

Minor and Major Subdivision Final Plat Review procedure:

The UDO Administrator or his/her designee shall review the subdivision final plat. If the UDO Administrator determines that more information is needed or that a significant number of changes must be made before the plat can be approved, the applicant shall make the necessary changes; and re-submit the plat. All re-submissions shall contain a list of the changes made. A new 30-day review period may begin on the date of the re-submission of a required information.

Upon determination that the final plat application is complete, within 30 days of the submittal date, the UDO Administrator and the Technical Review Committee (if applicable) shall review the plat and provide any necessary comments or revisions to the applicant.

The UDO Administrator shall approve or disapprove, according to the provisions of this ordinance, the final plat within 30 days after receipt of the complete application for a final plat.

If the UDO Administrator disapproves the final plat, the reasons shall be set forth in writing and refer specifically to those parts of this ordinance or other land development ordinances with which the plat does not comply.

Within 30 days after the approval of the final plat, the subdivider shall file the final plat with the New Hanover County Register of Deeds. Failure to file an approved final plat within 30 days shall make such approval null and void.

(Ord. No. 24-1230, 7-9-2024)

2.20 - UDO TEXT AND ZONING MAP AMENDMENTS

INITIATION OF AMENDMENTS

The Town Council may from time to time, after public notice and hearing as provided by law, amend, supplement or change, modify, or repeal the boundaries or regulations herein or subsequently established. Proposed amendments may be initiated by the Town Council, town administration, or by any interested person. Amendments may be initiated by the Planning and Zoning Commission and Board of Adjustment at the discretion of Town Council.

No amendment to zoning regulations or a zoning map that down-zones property shall be initiated nor shall it be enforceable without the written consent of all property owners whose property is the subject of the down-zoning amendment, unless the down-zoning amendment is initiated by the town (NCGS 160D-601).

PETITION FOR AN AMENDMENT

The following action shall be taken by the applicant:

Application. An application for any amendment shall contain:

A description of the current and proposed zoning regulation or district boundary to be applied;

ii)

For zoning map amendments, a surveyor's map along with a written metes and bounds description of the property involved, or a reference to lots in an approved subdivision;

iii)

The names and addresses of the owners of the property involved, and of adjacent property owners.

Filing period of application. Such completed application shall be filed with the planning department no later than 45 days prior to the Planning and Zoning Commission meeting at which the application is to be considered.

Fees. A fee in accordance with the town's adopted fee schedule shall be submitted to the UDO Administrator with each application. No refund of the fee or any part thereof shall be made once the application has been advertised for public hearing.

ACTION BY PLANNING AND ZONING COMMISSION

In any case where the Planning and Zoning Commission will consider a change in the zoning classification of a parcel of land (rezoning) a public hearing will be held. Notice of the proposed hearing shall be mailed by first class mail to the owner of the parcel of land involved in the change and all abutting property owners as shown on the New Hanover County tax listing at the addresses listed for such property owners on the New Hanover County tax abstracts, at least 10 days and not more than 25 days prior to the Planning and Zoning Commission meeting at which the rezoning is to be considered. The town 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 in a proposed zoning map amendment, a posting of each individual site is not required, but the town shall post sufficient notices to provide reasonable notice to interested persons. Notice of such a public hearing shall also be published once a week for two (2) successive calendar weeks in a local newspaper of general circulation in the town at least 10 days prior to the hearing and not more than 25. The UDO Administrator or his or her designee shall certify to the Planning and Zoning Commission that such notices have been made.

In any case where the Planning and Zoning Commission will consider an amendment to the zoning code text, notice of the amendment to be considered shall be published once in a newspaper having general circulation in the area. The notice shall be published once a week for two (2) successive calendar weeks in a local newspaper of general circulation in the town at least 10 days prior to and not more than 25 days prior to the Planning and Zoning Commission meeting at which the text amendment will be considered.

The Planning and Zoning Commission shall advise and comment on whether the proposed text amendment or zoning map amendment is consistent with the adopted comprehensive plan and any other applicable officially adopted plans. The Planning and Zoning Commission shall provide a written recommendation to the Town Council that addresses plan consistency and other matters as deemed appropriate by the board, but a comment by the Planning and Zoning Commission that a proposed amendment is inconsistent with the comprehensive plan shall not preclude consideration or approval of the proposed amendment by the Town Council. If a zoning map amendment qualifies as a large-scale rezoning under NCGS 160D-602(b), the Planning and Zoning Commission 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.

ACTION BY TOWN COUNCIL

Notice and public hearing. No amendment shall be adopted by the Town Council until after public notice and hearing, at which interested parties and citizens shall have an opportunity to be heard. Notice of public hearing shall be published in accordance with NCGS 160D-601, that is, notice of the public hearing shall be given once a week for two (2) successive weeks in a newspaper of general circulation in the town prior to the date set for the public hearing. The first publication of such notice shall be made no less than 10 days nor more than 25 days prior to said hearing. In computing such period, the day of publication is not to be included but the day of the hearing shall be included. Additionally, if the adoption or modification of the ordinance would result in changes to the zoning map or would change or affect the permitted uses of land located five (5) miles or less from the perimeter boundary of a military base, the town shall provide a written notice of the proposed changes by certified mail, to the commander of the military base not less than 10 days nor more than 25 days before the date fixed for the hearing date. If the military provides comments or analysis regarding the compatibility of the proposed ordinance or amendment with military operations at the base, the Town Council shall take the comments and analysis into consideration before making a final determination on the ordinance. The UDO Administrator shall be required to post a sign describing the proposed change at least 10 days and no more than 25 days prior to the meeting at which the request is to be heard. Said sign shall be posted in such a manner as to be visible from the dominant public right-of-way adjacent to or in the vicinity of the associated property.

Mailed notices and property posting. Whenever there is a zoning map amendment, notices shall be mailed to the owner of the affected parcel of land, those directly across any right-of-way, and to owners of all parcels of land abutting that affected parcel of land. The notices shall be mailed in accordance with NCGS 160D-602, that is:

The town shall provide that whenever there is a zoning map amendment, the owner of that parcel of land as shown on the county tax listing, and the owners of all parcels of land abutting that parcel of land as shown on the county tax listing, shall be mailed a notice of a public hearing on the proposed amendment by first class mail at the last addresses listed for such owners on the county tax abstracts. This notice must be deposited in the mail at least 10 but not more than 25 days prior to the date of the public hearing. The person or persons mailing such notices shall certify to the Town Council that fact, and such certificate shall be deemed conclusive in the absence of fraud.

The first class mail notice required under subsection (2)(a) of this section shall not be required if the zoning map amendment directly affects more than 50 properties, owned by a total of at least 50 different property owners, and the town elects to use the expanded published notice provided for in this subsection. In this instance, the town may elect to either make the mailed notice provided for in subsection (2)(a) of this section or may as an alternative elect to publish notice of the hearing as required by NCGS 160D-602, but 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 which 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 subsection (2)(a) of this section.

When a zoning map amendment is proposed, the town shall prominently post a notice of the public hearing on the site proposed for rezoning or on an adjacent public street or highway right-of-way. When multiple parcels are included within a proposed zoning map amendment, a posting on each individual parcel is not required, but the town shall post sufficient notices to provide reasonable notice to interested persons. The said posting shall be by the UDO Administrator and shall occur at least 10 days and no more than 25 days prior to the meetings at which the request is to be heard and shall be effected.

Consideration. Before taking such lawful action as it may deem advisable, the Town Council shall consider the Planning and Zoning Commission's recommendations on each proposed zoning amendment.

Plan consistency and reasonableness. When adopting or rejecting any zoning or map amendment, Town Council shall approve a brief statement describing whether the action is consistent or inconsistent with the town's comprehensive plan, is reasonable, and in the public interest. The requirement for a plan consistency statement may also be met by a clear indication in the minutes of the board that at the time of action on the amendment the board was aware of and considered the Planning and Zoning Commission's recommendations and any relevant portions of the comprehensive plan. Should Town Council adopt a zoning amendment after finding that such an action is inconsistent with an adopted comprehensive plan, the zoning amendment shall have the effect of also amending any future land use map in the approved plan. A plan amendment and a zoning amendment may be considered concurrently. When adopting or rejecting any petition for a zoning map amendment, a brief statement explaining the reasonableness of the proposed rezoning shall be approved by the board. The statement of reasonableness and plan consistency statement may be approved as a single statement. The statement of reasonableness may consider, among other factors:

The size, physical conditions, and other attributes of any areas proposed to be rezoned;

The benefits and detriments to the landowners, the neighbors, and the surrounding community;

The relationship between the current actual and permissible development and the development under the proposed amendment;

Why the action taken is in the public interest; and

Any changed conditions warranting the amendment (NCGS 160D-605).

CITIZEN COMMENTS

In accordance with NCGS 160D-603 as may be amended from time to time, if any resident or property owner in the town submits a written statement regarding a proposed amendment, modification, or repeal to a zoning ordinance to the clerk to the board at least two (2) business days prior to the proposed vote on such change, the clerk to the board shall deliver such written statement to the Town Council. If the proposed change is the subject of a quasi-judicial proceedings under NCGS 160D-705, 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.

2.21 - CONDITIONAL ZONING

PURPOSE

A conditional zoning district allows particular uses to be established only in accordance with specific standards and conditions pertaining to each individual development project. Some land uses are of such a nature or scale that they have significant impacts on both the immediately surrounding area and on the entire community which cannot be predetermined and controlled by general district standards. There are also circumstances in which a general district designation allowing such a use by right would not be appropriate for a particular property even though the use itself could, if properly planned, be appropriate for the property consistent with the objectives of these regulations, the adopted land use plan, adopted area plans and other long-range plans. The review process established in this section provides for the accommodation of such uses by a reclassification of property into a conditional zoning district, subject to specific conditions which ensure compatibility of the use with the use and enjoyment of neighboring properties. A conditional zoning district is generally not intended for securing early zoning for a proposal, except when that proposal is consistent with an approved district or area plan or the proposal can demonstrate that public infrastructure needed to serve the development will be made available within a reasonable time period.

All uses listed as part of any application shall be in the same format and description as listed in the table of uses.

A conditional zoning and a zoning map amendment are occurring simultaneously in a conditional zoning application process. Therefore, except as provided herein, all applications to establish a conditional zoning district shall follow the regulations related to conditional zoning in addition to the standard zoning map amendment (rezoning) process as described in this section.

APPLICATION AND CONDITIONAL ZONING REVIEW PROCEDURE.

The application for a conditional rezoning approval shall also be accompanied by an application to amend the zoning map (rezoning) to a conditional development zoning district. The rezoning application shall be submitted concurrently with the conditional zoning site plan.. The approved site plan shall provide the framework for development in the conditional zoning district. All applications shall include a site plan meeting the requirements of this article (Section 2.14) and any development standards to be approved concurrently with the rezoning application. Development standards may include such things as parking, landscaping, design guidelines, and buffers.

All proposals for a conditional zoning application shall abide by the uses and the dimensional standards required by the underlying base zoning district for which the proposal is located. An application for conditional zoning approval shall be accompanied by one (1) digital copy of a conditional zoning site plan.

When evaluating an application for the creation of a conditional zoning district, the Planning and Zoning Commission and Town Council shall consider the following:

The application's consistency to the general policies and objectives of the town's comprehensive plan, any other officially adopted plan that is applicable, and the UDO.

The potential impacts and/or benefits on the surrounding area, adjoining properties.

The report of results from the public input meeting.

PUBLIC INPUT MEETING

Prior to scheduling submittal of an application for conditional zoning, the applicant shall conduct one (1) public input meeting and file a report of the results with the UDO Administrator.

The staff report for the application will include a summary of the public input meeting.

The applicant shall mail a notice for the public input meeting to the owners of all properties located within 500 feet of the perimeter of the project bounds not less than 10 days prior to the scheduled meeting.

The notice shall include the time, date, and location of the meeting as well as a description of the proposal.

The applicant's report of the meeting shall include:

A copy of the letter announcing the meeting.

A list of adjoining property owners contacted.

Attendance rosters.

A summary of the issues discussed.

The results of the meeting including changes to the project's proposal, if any.

CONDITIONS TO APPROVAL OF PETITION

In approving a petition for the reclassification of property to a conditional zoning district, the Planning and Zoning Commission may recommend, and the Town Council may request that the applicant add reasonable and appropriate conditions to the approval of the petition.

Any such conditions should relate to the relationship of the proposed use to the impact on the following details:

Town services.

Surrounding property.

Proposed support facilities such as parking areas and driveways.

Pedestrian and vehicular circulation systems.

Screening and buffer areas.

Timing of development.

Street and right-of-way improvements.

Infrastructure improvements (i.e. water).

Provision of open space.

Other matters that the participants in the public input meeting, staff, Planning and Zoning Commission, and Town Council find appropriate or the petitioner may propose.

Such conditions to approval of the petition may include right-of-way dedication, easements for streets, water, sewer, or other public utilities necessary to serve the proposed development. Unless consented to by the petitioner in writing, in the exercise of the authority granted by this section, the town may not require, enforce, or incorporate any condition or requirement not authorized by otherwise applicable law, including, without limitation, taxes, impact fees, building design elements within the scope of NCGS 160D-702(b), driveway-related improvements in excess of those allowed in NCGS 136-18(29) and NCGS 160A-307, or other unauthorized limitations on the development or use of land. Conditions and site-specific standards imposed in a conditional zoning district shall be limited to those that address the conformance of the development and use of the site to town ordinances, plans adopted pursuant to NCGS 160D-501, or the impacts reasonably expected to be generated by the development or use of the site.

The petitioner shall consider and respond to any such conditions after the Planning and Zoning Commission meeting and within three (3) days prior to the staff report for the Town Council being published. If the applicant does not agree with the Planning and Zoning Commission or staff's recommendations of additional conditions, the Town Council shall have the authority to accept none, any, or all of the conditions forwarded from the review process.

If any condition required at approval is later found to be illegal, the petition shall be returned to Town Council to reevaluate and adjust any conditions accordingly.

EFFECT OF APPROVAL

If a petition for conditional zoning is approved, the development and use of the property shall be governed by the predetermined ordinance requirements applicable to the district's classification, the approved site plan for the district, and any additional approved rules, regulations, and conditions, all of which shall constitute the zoning regulations for the approved district and are binding on the property as an amendment to these regulations and to the zoning maps.

Following the approval of the petition for a conditional zoning district, the subject property shall be identified on the zoning maps by the appropriate district designation. A parallel conditional zoning shall be identified by the same designation as the underlying general district followed by the letters "CZ" (for example "CBD-CZ"). No permit shall be issued for any development activity within a conditional zoning district except in accordance with the approved petition and applicable site plan, subdivision plat, and/or permit for the district.

Any violation of the approved regulations and conditions for the district shall be treated the same as any other violation of this section and shall be subject to the same remedies and penalties as any such violation.

(Ord. No. 24-1230, 7-9-2024)

2.25 - VESTED RIGHTS AND PERMIT CHOICE

PURPOSE

This section provides for the establishment of certain vested rights for the following reasons:

To provide reasonable certainty, stability, and fairness in the land-use planning process;

Secure the reasonable expectations of landowners;

Foster cooperation between the public and private sectors in the area of land-use planning;

Recognizing that approval of land-use development typically follows significant landowner investment in site evaluation, planning, development costs, consultant fees, and related expenses; and

These provisions strike an appropriate balance between private expectations and the public interest.

ESTABLISHMENT OF A ZONING VESTED RIGHT FOR A SITE-SPECIFIC VESTING PLAN

A vested right shall be deemed established with respect to any property upon approval, of a site-specific vesting plan, subject to all conditions, specifications, procedures and any applicable required findings of the approval process.

Such vested right shall confer upon the landowner the right to undertake and complete the development and use of said property under the terms and conditions of the site-specific vesting plan including any amendments thereto.

A site-specific vesting plan shall be deemed approved upon the effective date of the Town Council's action. Town Council shall hold a public (legislative) hearing with notice as required by NCGS 160D-602 prior to taking any action on a request for approval of vesting conferred by a site-specific vesting plan.

Any property owner wishing to establish vested right shall make their intentions known in writing to the town at the time of submittal of the site-specific vesting plan.

A vested right may be established only for uses that are currently permitted by right or by conditional zoning in the appropriate zoning district.

REQUIREMENTS FOR SITE-SPECIFIC VESTING PLANS

A site-specific vesting plan shall meet the applicable submittal requirements of the approval type. In addition, the submittal shall include all of the following:

The site-specific vesting plan may be conditioned to require that the entire development or any phase of it be commenced or completed within a specified period of time.

A description of public facilities that will service the development, including who provides the facilities, the date any new public facilities, if needed, will be constructed, and a schedule to assure public facilities are available concurrent with the impacts of the development.

A description, where appropriate, of any reservation or dedication of land for public purposes and any provisions to protect environmentally sensitive property.

A description of all local development permits approved or needed to be approved for the development of the property, together with a statement indicating that the failure of the approval to address a particular permit, condition, term, or restriction does not relieve the developer of the necessity of complying with the law governing their permitting requirements, conditions, terms, or restrictions.

A description of any conditions, terms, restrictions, or other requirements determined to be necessary by the local government for the public health, safety, or welfare of its citizens.

Each part or phase of a site-specific vesting plan shall clearly describe what is being proposed in accordance with the applicable submittal requirements of this ordinance (i.e., the labeling of "future development" shall not constitute a vested right without specific details).

Each site-specific vesting plan which obtains a vested right under this chapter shall contain the following notation: "Approval of this site-specific vesting plan establishes a vested right under NCGS 160D-108. Unless terminated at an earlier date, the vested right shall be valid until (date)."

DURATION

Six (6) months—Building permits. Pursuant to NCGS 160D-1109, a building permit expires six (6) months after issuance unless work under the permit has commenced. Building permits also expire if work is discontinued for a period of 12 months after work has commenced.

One (1) year—Other local development approvals. Pursuant to NCGS 160D-403(c), unless otherwise specified by statute or local ordinance, all other local development approvals expire one (1) year after issuance unless work has substantially commenced. Expiration of a local development approval shall not affect the duration of a vested right established under this section or vested rights established under common law.

Two (2) to five (5) years—Site-specific vesting plans.

Town Council may provide that rights shall be vested for two (2) but not exceeding five (5) years where warranted in light of all relevant circumstances, including, but not limited to, the size and phasing of development, the level of investment, the need for the development, economic cycles, and market conditions. These determinations shall be in the sound discretion of the Town Council.

Following approval of a site-specific vesting plan, nothing in this section shall exempt such a plan from subsequent reviews and approvals by the town to ensure compliance with the terms and conditions of the original approval, provided that such reviews and approvals are not inconsistent with said original approval. Nothing in this section shall prohibit the Town Council from revoking the original approval for failure to comply with applicable terms and conditions of the approval or this ordinance.

Upon issuance of a building permit, the provisions of NCGS 160D-1109 and 160D-1113 shall apply, except that a permit shall not expire or be revoked because of the running of time while a vested right under this section is outstanding.

A right which has been vested as provided in this section shall terminate at the end of the applicable vesting period with respect to buildings and uses for which no valid building permit applications have been filed.

If a site-specific vesting plan receives approval by Town Council for less than five (5) years, then the Town Council may vote to extend the site-specific development without going back through the approval process. Any such approval shall be at the request of the landowner and for good cause shown. In no circumstance shall the statutory vesting of a site-specific vesting plan exceed five (5) years without going back through the conditional zoning approval process under the current code requirements.

Seven (7) years—Multiphase Developments. A multiphase development shall be vested for the entire development with the zoning regulations, subdivision regulations, and unified development ordinances in place at the time a site plan approval is granted for the initial phase of the multiphase development. This right shall remain vested for a period of seven (7) years from the time a site plan approval is granted for the initial phase of the multiphase development.

Indefinite—Development Agreements. A vested right of reasonable duration may be specified in a development agreement approved under Article 10 NCGS 160D.

SUBSEQUENT CHANGES PROHIBITED; EXCEPTIONS

A vested right, once established as provided for in this section, precludes any zoning action which would change, alter, impair, prevent, diminish, or otherwise delay the development or use of the property as set forth in an approved vested right, except:

With the written consent of the affected landowner;

Upon findings, after notice and an evidentiary hearing, that natural or manmade hazards on or in the immediate vicinity of the property, if uncorrected, would pose a serious threat to the public health, safety, and welfare if the project were to proceed as contemplated in the approved vested right;

To the extent that the affected landowner receives compensation for all costs, expenses, and other losses incurred by the landowner, including, but not limited to, all fees paid in consideration of financing, and all architectural, planning, marketing, legal, and other consultant's fees incurred after approval by the town, together with interest as is provided in NCGS 160D-106. Compensation shall not include any diminution in the value of the property that is caused by such action;

Upon findings, after notice and an evidentiary hearing, that the landowner or his representative intentionally supplied inaccurate information or made material misrepresentations which made a difference in the approval by the town of the vested right; or

Upon the enactment or promulgation of a state or federal law or regulation that precludes development as contemplated in the approved vested right, in which case the town may modify the affected provisions, upon a finding that the change in state or federal law has a fundamental effect on the plan, after notice and an evidentiary hearing. For example, in no case does an approval of a site-specific vesting plan supersede federal or state regulations such as the rules defined by the National Flood Insurance Program (NFIP) or Coastal Area Management Act (CAMA).

The establishment of a vested right shall not preclude the application of overlay zoning which imposes additional requirements but does not affect the allowable type or intensity of use, or ordinances or regulations which are general in nature and are applicable to all property subject to town land use regulations, including, but not limited to, building, fire, plumbing, electrical, and mechanical codes. Otherwise applicable new regulations shall become effective with respect to property which is subject to a site-specific vesting plan upon the expiration or termination of the vesting rights period provided for in this section.

Notwithstanding any provision of this section, the establishment of a vested right shall not preclude, change or impair the authority to adopt and enforce zoning ordinance provisions governing nonconforming situations or uses.

A vested right obtained under this section is not a personal right, but shall attach to and run with the applicable property. After approval of a vested right under this section, all successors to the original landowner shall be entitled to exercise such rights.

Nothing in this ordinance shall prevent the town from amending this ordinance or official map in such a way that a development project for which a vested right has been established is rendered nonconforming in any way.

VOLUNTARY ANNEXATION

A petition for annexation filed with the town under NCGS 160A-31 or NCGS 160A-58.1 shall contain a signed statement declaring whether or not any zoning vested right with respect to the properties subject to the petition has been established under NCGS 160D-108; 108.1.

A statement that declares that no zoning vested right has been established under NCGS 160D-108; 108.1, or the failure to sign a statement declaring whether or not a zoning vested right has been established, shall be binding on the land owner and any such zoning vested right shall be terminated.

LIMITATIONS

Nothing in this section is intended or shall be deemed to create any vested right other than those established pursuant to NCGS 160D-108; 108.1.

PERMIT CHOICE

If an application made in accordance with town regulation is submitted for a development approval required pursuant to this ordinance and a development regulation changes between the time the application was submitted and a decision is made, the applicant may choose which version of the development regulation will apply to the application.

If the development permit applicant chooses the version of the rule or ordinance applicable at the time of permit application, the development permit applicant shall not be required to await the outcome of the amendment to the rule, map, or ordinance prior to acting on the development permit.

This section applies to all development approvals issued by the state and by the town. The duration of vested rights created by development approvals is as set forth in NCGS 160D-108(d).

(Ord. No. 24-1230, 7-9-2024)

2.26 - SUMMARY DEVELOPMENT APPROVAL PROCEDURES

PURPOSE

A generalized submittal deadline and decision timeframe is provided for various development approval types. This table is provided for summary purposes and should accompany the actual binding ordinance text contained in this article which provides all applicable requirements.

Table 2.1 Submittal Deadline and Action Timeline
Application Type	Number of Plan/Schematic Copies	Deadline for Submittal	Generalized Timeline for Action on Complete Application [1]
Zoning Permit, Sign Permit, Floodplain Permit, Tree Removal Permit	One (1) digital	NA	30 days
Minor and Major Site Plan	One (1) digital	14 days prior to TRC meeting	30 days
Special Use Permit (major change)	One (1) digital	30 days prior to TRC meeting	60 days
Exempt Plat, Expedited Minor Subdivision Plat	One (1) digital	NA	14 days
Minor Subdivision Preliminary Plat	One (1) digital	14 days prior to TRC meeting	30 days
Major Subdivision Preliminary Plat	One (1) digital	30 days prior to TRC meeting	75 days
Minor and Major Subdivision Final Plat	One (1) digital	14 days prior to TRC meeting	30 days
Text Amendment, Zoning Map Amendment (Rezoning)	One (1) digital	30 days prior to TRC Meeting	60 - 90 days [2]
Conditional Zoning District, Planned Unit Development (greater than four (4) units)	One (1) digital	30 days prior to TRC Meeting	75 - 90 days [2]
1. Any such timeline provided is not binding. See ordinance text for specific approval timeline requirements. This is provided for reference purposes.
2. Final decisions for any legislative action are at the discretion of the Town Council, including a determination whether to pursue action on any duly submitted application. Applicants for any legislative decision are not guaranteed action on any proposed application.

(Ord. No. 24-1230, 7-9-2024)

2.27 - REVIEW PROCEDURE SUMMARY

Table 2.2: Review Procedures Summary
Application Type	Advisory or Decision-Making Body
Application Type	Town Council	Planning and Zoning Commission	Board of Adjustment	UDO Admini- strator	CAMA LPO	Building Inspector
FD = Final Decision; R = Advisory Recommendation; PH = Public Hearing; QJ = Quasi-judicial Hearing
Complete Application				FD
Zoning Permit, Sign Permit, Floodplain Permit, Tree Removal Permit				FD
Building Permit						FD
CAMA Minor Permit					FD [1]
Major and Minor Site Plan				FD
Special Use Permit	FD-QJ			R [2]
Variance, Appeal			FD-QJ
Exempt Plat, Minor Subdivision Preliminary Plat				FD
Major Subdivision Preliminary Plat		FD
Minor and Major Subdivision Final Plat				FD
Text Amendment, Zoning Map Amendment (Rezoning)	FD-PH	R		R
Conditional Zoning District, Planned Unit Development (greater than four (4) units)	FD-PH	R		R
[1] CAMA general and major permits are decided by the NC Division of Coastal Management and Coastal Resources Commission. [2] Such recommendation shall only be in regards to the application's compliance with ordinance requirements.

(Ord. No. 24-1230, 7-9-2024)

2.28 - PUBLIC NOTIFICATION REQUIREMENTS

Table 2.3: Public Notification Summary
Application Type	Advisory or Decision-Making Body	Published Notice [1]	Mailed Notice [2]	Posted Notice [3]
X = Notification Required; PH = Public Hearing; QJ = Quasi-judicial Hearing
Special Use Permit	Town Council		X-QJ	X-QJ
Variance	Board of Adjustment		X-QJ	X-QJ
Appeal	Board of Adjustment		X-QJ	X-QJ
Text Amendment	Planning and Zoning Commission	X-PH
	Town Council	X-PH	X-PH [4]
Zoning Map Amendment, Conditional Zoning District	Planning and Zoning Commission	X-PH	X-PH	X-PH
	Town Council	X-PH	X-PH	X-PH
Statutory Zoning Vested Rights	Town Council		X-PH	X-PH
[1] Published notice provided once a week for two (2) successive calendar weeks, with the first notice between 10 and 25 days before the hearing.
[2] Mailed notice provided to affected owners and landowners abutting the subject lot between 10 and 25 days before the hearing.
[3] Posted notice provided on site or adjacent street between 10 and 25 days before the hearing. [4] Mailed notice subject NCGS 160D-601(b).

(Ord. No. 24-1230, 7-9-2024)

2.29 - ADMINISTRATION, ENFORCEMENT, AND REVIEW

PURPOSE

The purposes of this section are to provide:

Clearer and fairer ways to deal with violations of this ordinance;

Reasonable opportunities for certain persons concerned with violations to be heard under the circumstances; and

Remedies and enforcement procedures to remedy any violation of this ordinance to the fullest extent available and not prohibited or limited by law.

This section and applicable administrative review and appeal ordinance provisions are to be construed to accomplish the purposes of this article to the fullest extent allowed by law. This section does not affect:

Powers of the town under the code or state statute;

Authority as granted by statute or ordinance to confer, restrict, modify, extend, rescind, revoke, terminate, impose conditions upon, or declared as expired, statutory, or ordinal vested rights; or

Separate procedures regarding statutory or ordinal vested rights.

UDO ADMINISTRATOR REVIEW AND ENFORCEMENT

The UDO Administrator shall administer, review and enforce under this article the town's ordinances and all approvals. Any appeal from a decision of the official is subject to appeal heard by the Board of Adjustment.

The town through its duly authorized officials shall have the power to summarily remove, abate, or remedy all violations.

The UDO Administrator shall have the power and duty to implement policies and procedures appropriate to accomplishing the purposes and provisions of this ordinance, to enforce all development approvals, to issue decisions and orders in its considered and informed discretion, and to take all such and further actions in accord with this ordinance, including, but not limited to, the following:

Investigating, compiling information, responding to reports and complaints concerning whether this ordinance or approval violations have occurred, identifying persons liable in connection with violations, communicating with persons liable and any other persons in connection with the same, resolving alleged or potential situations and condition through informal communications on the same, making decisions determining whether violations exist, issuing decisions finding a public nuisance exists, and making other decision(s) in connection with the said violations and public nuisances;

Working with applicable law enforcement agencies as appropriate.

Issuing orders to resolve violations and matters in connection with the same.

Imposing civil charges on person(s) liable for violations.

Issuing notices identifying violations, applicable ordinance and approval provisions violated by the same, remedies and enforcement mechanisms available to the town in consequence of the same.

Issuing orders directing person(s) liable to correct, remediate, remove, and abate violations, to post a bond to secure performance of the same.

Authorizing the incurring of expenses and executing agreements (in accord with applicable town procedures) for correction, remediation, removal, and abatement of violations.

Collecting in the nature of a debt (and, to the extent allowed by law, in the nature of unpaid taxes), all amounts owed by persons liable in connection with violations.

Obtaining liens on property located within the town's applicable jurisdiction in order to secure payment of amounts owed by persons liable in connection with violations, enforcing the same, and imposing liens to the extent allowed and not prohibited by law.

Imposing enforcement or remedial related conditions and provisions on any and all approvals for defined periods of time in the course of dealing with violations.

Pursuing chronic violator procedures.

Pursuing all forms of legal processes and remedies available in connection with violations through the courts of competent jurisdiction.

Employing any, all, or any combination of enforcement mechanisms and remedies available under this article, and otherwise provided by law.

In addition to powers and duties of the official enumerated herein, the official shall have all those powers set forth in NCGS 160A-175, 160A-193, 160A-200.1, and 160D-404(c).

COMPLAINTS REGARDING VIOLATIONS

Whenever the UDO Administrator receives a complaint alleging a violation of the ordinance, he/she shall investigate the complaint, take whatever action is warranted, and inform the complainant what actions will be taken. Complaints can be accepted in any manner and shall be confidential. The building inspector shall be responsible for enforcement matters pertaining to the Town and State Building Code.

PERSONS LIABLE

The holder of any applicable approvals, owner, tenant, or occupant of any building or land or part thereof and any architect, builder, contractor, agent, person in authority, permittee, licensee, or other person who participates in, assists, directs, creates, maintains, or is otherwise responsible for any violation, and who may thereby be held responsible for the same and be made subject to all enforcement mechanisms, remedies, and sanctions as provided in this ordinance and other land development ordinances, and any additional enforcement mechanisms, remedies, sanctions, and legal processes that may be otherwise permitted by law.

PROCEDURES UPON DISCOVERY OF VIOLATIONS

If the UDO Administrator finds that any provision of this ordinance is being violated, either as a result of a town investigation or through a written complaint, he/she shall send a written notice to the person responsible for such violation, indicating the nature of the violation and ordering the action necessary to correct it. Additional written notices may be sent at the UDO Administrator's discretion. 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 town clerk that the notice was provided, and the certificate shall be deemed conclusive in the absence of fraud.

The final written notice, and the initial written notice may be the final notice, shall state what action the UDO Administrator intends to take if the violation is not corrected and shall advise that the UDO Administrator's decision or order may be appealed to the Board of Adjustment.

Notwithstanding the foregoing, in cases when delay would seriously threaten the effective enforcement of this ordinance or pose a danger to the public health, safety, or welfare, the UDO Administrator may seek enforcement without prior written notice by invoking any of the penalties or remedies as described herein.

PENALTIES AND REMEDIES FOR VIOLATIONS

Violations of this ordinance shall subject the offender to a civil penalty in accordance with the fee schedule as established by the Town Council to be recovered by the town in a civil action in the nature of debt if said civil penalty is not paid by the offender within 72 hours after being cited for the violation.

Any provision of this ordinance or any other town ordinance may be enforced by an appropriate equitable remedy issuing from a court of competent jurisdiction. In such case, the General Court of Justice shall have jurisdiction to issue such orders as may be appropriate and it shall not be a defense to the application of the town for equitable relief that there is an adequate remedy at law.

Each day that any violation continues after notification by the UDO Administrator that such violation exists shall be considered a separate offense for purposes of the penalties and remedies specified in this section. Separate notices will not be provided for each violation.

Any one, all, or any combination of the foregoing penalties and remedies may be used to enforce this ordinance.

(Ord. No. 24-1230, 7-9-2024)

Carolina Beach City Zoning Code

ARTICLE 2

- ADMINISTRATION AND PROCEDURES

2.1 - GENERAL

Town Council

Planning and Zoning Commission

Board of Adjustment

Technical Review Committee

UDO Administrator

(Ord. No. 24-1230, 7-9-2024)

2.2 - TOWN COUNCIL

Powers and duties of the Town Council as pertaining to planning and zoning matters. The Town Council shall execute the following powers and duties:

Zoning amendments. The Town Council, as the governing body of the town, shall act in its legislative capacity when considering proposed amendments to the text of this ordinance or to the zoning map.

Special use permits. The Town Council, as the governing body of the town, shall act in its quasi-judicial capacity when reviewing special use permits.

Minutes. The board shall keep minutes of its proceedings.

(Ord. No. 24-1230, 7-9-2024)

2.3 - PLANNING AND ZONING COMMISSION

Powers of the Planning and Zoning Commission. The Planning and Zoning Commission shall have the following powers and duties related to the administration of this ordinance:

Review petitions for proposed amendments to the ordinance text and/or map and make recommendations to the Town Council.

Initiate proposed amendments to the ordinance text and/or map subject to the discretion of the Town Council.

Prepare studies and plans related to controlling and creating orderly growth and development of the town.

Perform any other duties assigned by the Town Council as authorized in NCGS 160D-301.

Planning and Zoning Commission administration.

The commission shall adopt rules of procedures and regulations for the conduct of its affairs.

All meetings of the commission shall be open to the public.

The person acting as chairperson of the commission [or the hearing officer] is authorized to administer oaths to any witnesses in any matter coming before the commission.

The board shall keep minutes of its proceedings.

Quorum and vote required.

A quorum of the commission, necessary to conduct any business of the commission, shall consist of a simple majority.

A simple majority vote of those present shall be necessary to conduct routine business of the commission.

(Ord. No. 24-1230, 7-9-2024)

2.4 - BOARD OF ADJUSTMENT

Establishment. A Board of Adjustment is hereby created. The term "board," when used in this section, shall be construed to mean the Board of Adjustment.

Length of terms. The term of office of members of the board shall be for three (3) years.

Vacancies. Vacancies occurring for reasons other than expiration of terms shall be filled in the same manner as other appointments, as they occur, for the period of the unexpired term.

Compensation. The members of the board shall receive no compensation for their services.

Officers, rules of procedure and conduct of meetings.

Reserved.

(Ord. No. 24-1230, 7-9-2024)

2.5 - TECHNICAL REVIEW COMMITTEE AND PROCEDURE

The purpose of the Technical Review Committee is to facilitate communication and coordination between departments responsible for development review.

Such committee may provide recommendations through digital communications or during a scheduled in-person meeting at the discretion of the UDO Administrator.

(Ord. No. 24-1230, 7-9-2024)

2.6 - UDO ADMINISTRATOR

To make all necessary determinations and interpretations as required by this ordinance; and

To propose and promulgate administrative regulations necessary to implement the provisions of this ordinance.

(Ord. No. 24-1230, 7-9-2024)

2.12 - COMMON REVIEW PROCEDURES

COMPLETE APPLICATIONS

Upon receipt of an application, the UDO Administrator shall determine if the application is complete. A complete application shall include the following:

Contains all information and materials established by the UDO Administrator and/or the requirements of this ordinance as required for submittal of the particular type of application.

Is in the form established by the UDO Administrator as required for submittal of the particular type of application.

Includes information in sufficient detail to evaluate the application to determine whether it complies with the appropriate substantive standards of this ordinance.

Is accompanied by the fee established for the particular type of application.

ZONING PERMIT

Zoning permits are transferable so long as the land or structures or any portion thereof covered under a permit continues to be used for the purposes for which the permit was granted.

BUILDING AND DEMOLITION PERMIT

Before commencing the removal or demolition of any building or structure or part thereof, a building permit authorizing said removal or demolition shall be obtained from the building inspector.

CERTIFICATE OF OCCUPANCY

The certificate of occupancy shall be issued after all final inspections have been made.

A certificate of occupancy may be withheld pending the UDO Administrator determination of compliance with any other requirements of this ordinance.

FLOODPLAIN DEVELOPMENT PERMIT

STORMWATER PERMITS

Applicable stormwater permits, including fill and grade, and clearing, shall be issued by the Stormwater Administrator in accordance with Article 6: Stormwater Management.

SIGN PERMIT

Name and address of the owner of the sign.

Total number of signs existing on site, including the dimensions of each.

Payment of the permit fee.

The value of the sign or sign structure.

The method and type of illumination, if any.

The location proposed for such signs in relation to property lines, zoning district boundaries, right-of-way lines, and existing signs.

A graphic representation (hand drawn if necessary), including color scheme, lighting, and landscaping of the proposed sign.

CAMA PERMIT

OUTDOOR SEASONAL SALES AND TEMPORARY STORAGE CONTAINER PERMITS

Outdoor seasonal sales and temporary storage container permits shall be issued by the UDO Administrator.

HARDSCAPE PERMITS (PATIOS, DRIVEWAYS, SIDEWALKS, ETC.)

Permit requirements.

Repair or modification of existing driveways. Proposed changes to the size or location of the existing driveway shall be subject to meeting new construction standards.

A site plan is required with any application for all new or reconstructed driveways. Site plans shall be drawn to scale and include the following information at a minimum:

The location of proposed or existing driveways with dimensions and the distances from other streets and driveways.

ii)

Labeled public rights-of-way and widths.

iii)

Existing infrastructure such as sidewalks, drainage pipes, utility poles, hydrants, or any other features.

iv)

Erosion control and sedimentation plan.

The fee for the permit will be specified in the town's annual fee schedule.

Prior to the issuance of any driveway permit located within a state maintained right-of-way, a copy of an approved NCDOT driveway permit shall be provided to the Town.

FENCE PERMITS AND OTHER MISCELLANEOUS PERMITS

Such permits shall be issued in accordance with the requirements of this ordinance.

(Ord. No. 24-1230, 7-9-2024)

2.13 - MODIFICATION, REVOCATION, AND RESUBMISSION OF A DENIED PERMIT

MODIFICATION OF PERMITS OR APPROVALS

Change in use.

An increase in overall ground coverage by structures.

A change in any site dimension by more than 10%.

A reduction in approved open space or screening.

A change in access and internal circulation design.

Any changes to approved plans and conditions of development in consequence of enforcement actions of this ordinance are not changes subject to this section.

PERMIT REVOCATION

The permit was issued based on erroneous information.

No person may continue to make use of land or building in the manner authorized by any permit issued under this ordinance after such permit has been revoked in accordance with this ordinance.

RESUBMISSION OF A DENIED PETITION

(Ord. No. 24-1230, 7-9-2024)

2.14 - SPECIFIC REVIEW PROCEDURES

PURPOSE AND INTENT

It is the purpose of the review procedures of this article to ensure:

All applicable town regulations associated with a property and of adjacent land have been recognized and evaluated.

A clear and understandable decision can be made concerning proposed development.

It is further the purpose of the review procedures of this article to ensure regulations are enforced that will:

Ensure the health, safety, and welfare of the community and its natural environment.

Conserve and enhance property values.

Preserve adequate space for vehicular and transportation facilities associated with new development.

Provide for effective traffic movement without congestion and hazards.

Provide for effective stormwater management and control.

Assure that public utilities and services are provided in a safe and healthful manner, consistent with applicable regulations and standards.

It is the intent of all applicable review and approval procedures to ensure:

Staff will be involved in providing supporting information on the process for any development approval.

The burden of preparing any development approval application and providing proof of compliance lies with the applicant.

MINOR SITE PLAN

Applicability. The following development types must submit a minor site plan as specified in this ordinance:

Changes of use.

Accessory structures, construction/installation of fences/walls, piers, docks, decks, stairs, signs, driveways, and/or similar ancillary support items.

Increase in intensity or units of residential development consisting of four (4) or fewer existing dwelling units and to include any of the following:

An increase in number of off-street parking or loading spaces; or an increase in impervious surface area.

ii)

An increase in overall ground coverage by structures.

iii)

A reduction in approved open space or screening.

iv)

A change in access and internal circulation design.

A site plan is not required for changes of use whereby no increase in impervious square footage is proposed or any other modification of exterior site characteristics is to be proposed.

Minor site plan criteria. All minor site plans shall include the following, where applicable:

The name, address, and phone number of the professional(s) responsible for preparing the plan if different than the applicant.

Engineer's scale one (1) inch equals 40 feet or larger.

Title block or brief description of project including all proposed uses.

Date.

North arrow.

Property and zoning boundaries.

The square footage of the site.

Lot coverage (buildings, decks, steps).

Impervious coverage.

Location of all existing and proposed structures and the setbacks from property lines of all affected structures to remain on-site.

Design of driveways and parking/loading areas with parking spaces individually numbered in sequential order.

Adjacent rights-of-way labeled with the street name and right-of-way width.

Location of all existing and/or proposed easements.

Location of flood zones and finished floor elevations.

Vision clearance area.

CAMA areas of environmental concern (AEC) and CAMA setbacks.

Minor Site Plan Review Procedure:

If plan approval is denied, the reasons for this action shall be communicated to the applicant in writing.

Minor site plan approval expires 24 months from the date of approval.

Zoning permits may be issued once the minor site plan is approved.

MAJOR SITE PLAN

Applicability. The following development types must submit a site plan as specified in this ordinance:

Residential uses of five (5) or more units.

New nonresidential (office, commercial, or industrial, etc.) use.

Increase in intensity of the nonresidential development or residential development consisting of five (5) or more existing dwelling units to include any of the following:

An increase in density of units, whether residential, office, commercial, or industrial; an increase in number of off-street parking or loading spaces; or an increase in impervious surface area;

ii)

An increase in overall ground coverage by structures;

iii)

A reduction in approved open space or screening;

iv)

A change in access and internal circulation design.

All other development not subject to minor site plan, conditional zoning, subdivision, or special use permit approval.

Major site plan criteria. All major site plans shall include the following, where applicable:

The name, address, and phone number of the professional(s) responsible for preparing the plan if different than the applicant.

Engineer's scale one (1) inch equals 40 feet or larger.

Title block or brief description of project including all proposed uses.

Date.

North arrow.

Property and zoning boundaries.

The square footage of the site.

Lot coverage (buildings, decks, steps).

Impervious coverage.

Location of all existing and proposed structures and the setbacks from property lines of all affected structures to remain on-site.

Design of driveways and parking/loading areas with parking spaces individually numbered in sequential order.

Adjacent rights-of-way labeled with the street name and right-of-way width.

Location of all existing and/or proposed easements.

Location and design of refuse facilities.

Approximate locations and sizes of all existing and proposed utilities.

Existing and/or proposed fire hydrants (showing distances).

Adjacent properties with owners information and approximate location of structures.

Distances between all buildings.

Number of stories and height of all structures.

Locations of all entrances and exits to all structures.

Calculation of the gross floor area with each room labeled (i.e., kitchen, bedroom, bathroom).

Exterior lighting locations with area of illumination illustrated, as well as the type of fixtures and shielding to be used.

Location of flood zones and finished floor elevations.

CAMA areas of environmental concern (AEC) and CAMA setbacks.

Delineation of natural features and wetlands with existing and proposed topography with a maximum of two (2) foot contour intervals.

Proposed landscaping including percentages of open space.

aa)

Stormwater management systems.

bb)

Species identification of all trees greater than three (3) inches diameter at breast height (DBH).

cc)

Vision clearance area.

dd)

Cross-sectional details of all streets, roads, ditches, and parking lot improvements.

ee)

Building construction and occupancy type(s) per the building code.

ff)

Location of fire department connection(s) for standpipes.

gg)

Turning radii, turnarounds, access grades, height of overhead obstructions.

hh)

Dimensions and locations of all signs.

ii)

A vicinity map drawn with North indicated.

jj)

Submission of the total daily water flow usage and sewer design flow by a design professional.

Major Site Plan Review Procedure:

If plan approval is denied, the reasons for this action shall be communicated to the applicant in writing.

Major site plan approval expires 24 months from the date of approval.

Zoning permits may be issued once the site plan is approved.

SPECIAL USE PERMIT

Quasi-judicial hearing procedure. All applications for a special use permit shall follow quasi-judicial procedures as required by NCGS 160D-406.

10.

Specific standards. No special use shall be granted by Town Council unless the following provisions and arrangements, where applicable, have been made to the satisfaction of the council:

Refuse and service area, with particular reference to the subsections concerning ingress/egress to the property and off-street parking and loading of this section.

Utilities, with reference to locations, availability, and compatibility.

Screening and buffering with reference to type, dimensions, and character.

Signs, if any, and proposed exterior lighting with reference to glare, traffic safety, economic effect, and compatibility and harmony with properties in the district.

Required yards and other open space and preservation of existing trees and other attractive natural features of the land.

11.

General conditions. The Town Council, in granting the permit, must also find that all four (4) of the following conditions exist:

That the use will not materially endanger the public health or safety if located where proposed and developed according to the plan as submitted and approved by the issuance of the S.U.P.

That the use meets all required conditions and specifications.

That the use will not substantially injure the value of adjoining or abutting property, or that the use is a public necessity; and

12.

13.

14.

15.

16.

VARIANCE

Notice of quasi-judicial hearing. Notice of hearings conducted pursuant to this section shall be mailed to the person or entity whose 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; and to the owners of all parcels of land abutting the parcel of land that is the subject of the hearing. The notice must be deposited in the mail at least 10 days, but not more than 25 days, prior to the date of the hearing. Within that same time period, the town 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 requested variance is consistent with the spirit, purpose, and intent of the ordinance, such that public safety is secured and substantial justice achieved.

Findings of fact made by the Board of Adjustment under this section shall be based upon only the evidence presented at the hearing at which the variance is considered.

No change in permitted uses may be authorized by variance.

10.

A variance may be issued for an indefinite duration or for a specified duration only.

11.

12.

APPEAL

(Ord. No. 24-1230, 7-9-2024)

2.15 - CREATION OF NEW LOTS/DIVISION OF LAND

GENERAL

EXEMPT PLAT REVIEW

The applicant shall file any approved exempt plat with the Register of Deeds of New Hanover County within 30 days of approval; otherwise, such approval shall be null and void.

The exempt plat shall include all of the required certificates as provided in Appendix A: Submission Requirements.

EXPEDITED MINOR SUBDIVISION REVIEW

Applicability. The town only requires submittal of a final plat for review of an expedited minor subdivision if it meets the criteria as provided in NCGS 160D-802(c).

The applicant shall file any approved final plat with the Register of Deeds of New Hanover County within 30 days of approval; otherwise, such approval shall be null and void.

The minor subdivision plat shall include all of the required certificates as provided in Appendix A: Submission Requirements.

MINOR SUBDIVISION PRELIMINARY PLAT

Applicability. Subdivisions of five (5) or fewer lots, regardless of right-of-way dedication or utility extension.

Application Materials and Submittal. One (1) digital copy of the minor subdivision preliminary plat shall be submitted with all applications for such.

Minor subdivision preliminary plat review procedure:

The minor subdivision preliminary plat shall contain or be accompanied by all of the following information.

Description.

Proposed name of subdivision.

ii)

Name of owner, surveyor, and designer.

iii)

Graphic scale, true and grid north points, and date of preparation.

iv)

Vicinity map showing relationship of the subdivision site to the surrounding area.

Existing conditions.

Topography by contours at vertical intervals of not more than two (2) feet tied to mean sea level datum.

ii)

Zoning district classification (if there is more than one classification, the dividing lines should be shown) on land to be subdivided and on adjoining lands.

iii)

Names of adjoining property owners or subdivisions.

iv)

The boundary lines of the tract to be subdivided, drawn accurately with all bearings and distances.

Acreage to be subdivided.

vi)

In case of resubdivision, a copy of existing plat.

vii)

Location of streams, lakes, ocean, and swamps with direction of flow and elevations.

viii)

ix)

Regulatory flood elevations and boundaries of flood-prone areas, including floodways, if known.

Identify any lots located in the CAMA AEC.

Proposed conditions.

Layout and elevation of roads, alleys, and public crosswalks, with widths noted; road names or designation; grades and cross sections.

ii)

iii)

Preliminary plan of on-site waste disposal systems including disposal sites for lands subject to flooding or sanitary sewers with grade, pipe size, points of discharge.

iv)

Preliminary plan of the drainage system with grade, pipe size, and location of outlet.

vi)

Preliminary plan of the water supply system, if any, with pipe sizes and location of hydrants.

vii)

Proposed fill or other structure elevating techniques, levees, channel modifications, seawalls and other methods to overcome flood- or erosion-related hazards.

viii)

ix)

Designation of all land to be reserved or dedicated for open space, recreation use, or school sites. Acreage should be shown for total of land uses.

Draft of proposed restrictive covenants (if any) to be imposed and areas subject to special restrictions.

MAJOR SUBDIVISION PRELIMINARY PLAT

Applicability. Subdivisions of six (6) or more lots.

Application Materials and Submittal. One (1) digital copy of the major subdivision preliminary plat shall be submitted with all applications for such.

Major subdivision preliminary plat review procedure:

The Planning and Zoning Commission shall review and take final action on each preliminary plat within 45 days of their first meeting.

MINOR AND MAJOR SUBDIVISION FINAL PLAT

ii)

Obtain funds pursuant to the surety and complete the public improvements by itself or through a third party;

iii)

iv)

Exercise any other rights available under the law.

Application Materials and Submittal. One (1) digital copy of the subdivision final plat shall be submitted with all such applications.

Regulatory flood elevations and areas subject to special deed restrictions;

The accurate locations and descriptions of all monuments, markers, and control points;

The blocks numbered consecutively throughout the entire subdivision and the lots numbered consecutively throughout each block;

Minimum building setback lines;

The widths, and names where appropriate, of all proposed streets and alleys, and of all adjacent streets, alleys, and easements which shall be properly located;

The name of the subdivision, the owner, and the surveyor or engineer.

The date of the survey and plat preparation, a north arrow indicating whether true or magnetic, and graphic scale;

A statement indicating whether deed restrictions exist and the subject and location of same.

10.

Any other information considered by the subdivider to be pertinent to the review of the final plat.

11.

Reserved.

12.

Minor and Major Subdivision Final Plat Review procedure:

The UDO Administrator shall approve or disapprove, according to the provisions of this ordinance, the final plat within 30 days after receipt of the complete application for a final plat.

(Ord. No. 24-1230, 7-9-2024)

2.20 - UDO TEXT AND ZONING MAP AMENDMENTS

INITIATION OF AMENDMENTS

PETITION FOR AN AMENDMENT

The following action shall be taken by the applicant:

Application. An application for any amendment shall contain:

A description of the current and proposed zoning regulation or district boundary to be applied;

ii)

For zoning map amendments, a surveyor's map along with a written metes and bounds description of the property involved, or a reference to lots in an approved subdivision;

iii)

The names and addresses of the owners of the property involved, and of adjacent property owners.

ACTION BY PLANNING AND ZONING COMMISSION

ACTION BY TOWN COUNCIL

Consideration. Before taking such lawful action as it may deem advisable, the Town Council shall consider the Planning and Zoning Commission's recommendations on each proposed zoning amendment.

The size, physical conditions, and other attributes of any areas proposed to be rezoned;

The benefits and detriments to the landowners, the neighbors, and the surrounding community;

The relationship between the current actual and permissible development and the development under the proposed amendment;

Why the action taken is in the public interest; and

Any changed conditions warranting the amendment (NCGS 160D-605).

CITIZEN COMMENTS

2.21 - CONDITIONAL ZONING

PURPOSE

All uses listed as part of any application shall be in the same format and description as listed in the table of uses.

APPLICATION AND CONDITIONAL ZONING REVIEW PROCEDURE.

When evaluating an application for the creation of a conditional zoning district, the Planning and Zoning Commission and Town Council shall consider the following:

The application's consistency to the general policies and objectives of the town's comprehensive plan, any other officially adopted plan that is applicable, and the UDO.

The potential impacts and/or benefits on the surrounding area, adjoining properties.

The report of results from the public input meeting.

PUBLIC INPUT MEETING

Prior to scheduling submittal of an application for conditional zoning, the applicant shall conduct one (1) public input meeting and file a report of the results with the UDO Administrator.

The staff report for the application will include a summary of the public input meeting.

The notice shall include the time, date, and location of the meeting as well as a description of the proposal.

The applicant's report of the meeting shall include:

A copy of the letter announcing the meeting.

A list of adjoining property owners contacted.

Attendance rosters.

A summary of the issues discussed.

The results of the meeting including changes to the project's proposal, if any.

CONDITIONS TO APPROVAL OF PETITION

Any such conditions should relate to the relationship of the proposed use to the impact on the following details:

Town services.

Surrounding property.

Proposed support facilities such as parking areas and driveways.

Pedestrian and vehicular circulation systems.

Screening and buffer areas.

Timing of development.

Street and right-of-way improvements.

Infrastructure improvements (i.e. water).

Provision of open space.

Other matters that the participants in the public input meeting, staff, Planning and Zoning Commission, and Town Council find appropriate or the petitioner may propose.

If any condition required at approval is later found to be illegal, the petition shall be returned to Town Council to reevaluate and adjust any conditions accordingly.

EFFECT OF APPROVAL

(Ord. No. 24-1230, 7-9-2024)

2.25 - VESTED RIGHTS AND PERMIT CHOICE

PURPOSE

This section provides for the establishment of certain vested rights for the following reasons:

To provide reasonable certainty, stability, and fairness in the land-use planning process;

Secure the reasonable expectations of landowners;

Foster cooperation between the public and private sectors in the area of land-use planning;

Recognizing that approval of land-use development typically follows significant landowner investment in site evaluation, planning, development costs, consultant fees, and related expenses; and

These provisions strike an appropriate balance between private expectations and the public interest.

ESTABLISHMENT OF A ZONING VESTED RIGHT FOR A SITE-SPECIFIC VESTING PLAN

Any property owner wishing to establish vested right shall make their intentions known in writing to the town at the time of submittal of the site-specific vesting plan.

A vested right may be established only for uses that are currently permitted by right or by conditional zoning in the appropriate zoning district.

REQUIREMENTS FOR SITE-SPECIFIC VESTING PLANS

A site-specific vesting plan shall meet the applicable submittal requirements of the approval type. In addition, the submittal shall include all of the following:

The site-specific vesting plan may be conditioned to require that the entire development or any phase of it be commenced or completed within a specified period of time.

A description, where appropriate, of any reservation or dedication of land for public purposes and any provisions to protect environmentally sensitive property.

A description of any conditions, terms, restrictions, or other requirements determined to be necessary by the local government for the public health, safety, or welfare of its citizens.

DURATION

Two (2) to five (5) years—Site-specific vesting plans.

Indefinite—Development Agreements. A vested right of reasonable duration may be specified in a development agreement approved under Article 10 NCGS 160D.

SUBSEQUENT CHANGES PROHIBITED; EXCEPTIONS

With the written consent of the affected landowner;

VOLUNTARY ANNEXATION

LIMITATIONS

Nothing in this section is intended or shall be deemed to create any vested right other than those established pursuant to NCGS 160D-108; 108.1.

PERMIT CHOICE

This section applies to all development approvals issued by the state and by the town. The duration of vested rights created by development approvals is as set forth in NCGS 160D-108(d).

(Ord. No. 24-1230, 7-9-2024)

2.26 - SUMMARY DEVELOPMENT APPROVAL PROCEDURES

PURPOSE

Table 2.1 Submittal Deadline and Action Timeline
Application Type	Number of Plan/Schematic Copies	Deadline for Submittal	Generalized Timeline for Action on Complete Application [1]
Zoning Permit, Sign Permit, Floodplain Permit, Tree Removal Permit	One (1) digital	NA	30 days
Minor and Major Site Plan	One (1) digital	14 days prior to TRC meeting	30 days
Special Use Permit (major change)	One (1) digital	30 days prior to TRC meeting	60 days
Exempt Plat, Expedited Minor Subdivision Plat	One (1) digital	NA	14 days
Minor Subdivision Preliminary Plat	One (1) digital	14 days prior to TRC meeting	30 days
Major Subdivision Preliminary Plat	One (1) digital	30 days prior to TRC meeting	75 days
Minor and Major Subdivision Final Plat	One (1) digital	14 days prior to TRC meeting	30 days
Text Amendment, Zoning Map Amendment (Rezoning)	One (1) digital	30 days prior to TRC Meeting	60 - 90 days [2]
Conditional Zoning District, Planned Unit Development (greater than four (4) units)	One (1) digital	30 days prior to TRC Meeting	75 - 90 days [2]
1. Any such timeline provided is not binding. See ordinance text for specific approval timeline requirements. This is provided for reference purposes.
2. Final decisions for any legislative action are at the discretion of the Town Council, including a determination whether to pursue action on any duly submitted application. Applicants for any legislative decision are not guaranteed action on any proposed application.

(Ord. No. 24-1230, 7-9-2024)

2.27 - REVIEW PROCEDURE SUMMARY

Table 2.2: Review Procedures Summary
Application Type	Advisory or Decision-Making Body
Application Type	Town Council	Planning and Zoning Commission	Board of Adjustment	UDO Admini- strator	CAMA LPO	Building Inspector
FD = Final Decision; R = Advisory Recommendation; PH = Public Hearing; QJ = Quasi-judicial Hearing
Complete Application				FD
Zoning Permit, Sign Permit, Floodplain Permit, Tree Removal Permit				FD
Building Permit						FD
CAMA Minor Permit					FD [1]
Major and Minor Site Plan				FD
Special Use Permit	FD-QJ			R [2]
Variance, Appeal			FD-QJ
Exempt Plat, Minor Subdivision Preliminary Plat				FD
Major Subdivision Preliminary Plat		FD
Minor and Major Subdivision Final Plat				FD
Text Amendment, Zoning Map Amendment (Rezoning)	FD-PH	R		R
Conditional Zoning District, Planned Unit Development (greater than four (4) units)	FD-PH	R		R
[1] CAMA general and major permits are decided by the NC Division of Coastal Management and Coastal Resources Commission. [2] Such recommendation shall only be in regards to the application's compliance with ordinance requirements.

(Ord. No. 24-1230, 7-9-2024)

2.28 - PUBLIC NOTIFICATION REQUIREMENTS

Table 2.3: Public Notification Summary
Application Type	Advisory or Decision-Making Body	Published Notice [1]	Mailed Notice [2]	Posted Notice [3]
X = Notification Required; PH = Public Hearing; QJ = Quasi-judicial Hearing
Special Use Permit	Town Council		X-QJ	X-QJ
Variance	Board of Adjustment		X-QJ	X-QJ
Appeal	Board of Adjustment		X-QJ	X-QJ
Text Amendment	Planning and Zoning Commission	X-PH
	Town Council	X-PH	X-PH [4]
Zoning Map Amendment, Conditional Zoning District	Planning and Zoning Commission	X-PH	X-PH	X-PH
	Town Council	X-PH	X-PH	X-PH
Statutory Zoning Vested Rights	Town Council		X-PH	X-PH
[1] Published notice provided once a week for two (2) successive calendar weeks, with the first notice between 10 and 25 days before the hearing.
[2] Mailed notice provided to affected owners and landowners abutting the subject lot between 10 and 25 days before the hearing.
[3] Posted notice provided on site or adjacent street between 10 and 25 days before the hearing. [4] Mailed notice subject NCGS 160D-601(b).

(Ord. No. 24-1230, 7-9-2024)

2.29 - ADMINISTRATION, ENFORCEMENT, AND REVIEW

PURPOSE

The purposes of this section are to provide:

Clearer and fairer ways to deal with violations of this ordinance;

Reasonable opportunities for certain persons concerned with violations to be heard under the circumstances; and

Remedies and enforcement procedures to remedy any violation of this ordinance to the fullest extent available and not prohibited or limited by law.

Powers of the town under the code or state statute;

Authority as granted by statute or ordinance to confer, restrict, modify, extend, rescind, revoke, terminate, impose conditions upon, or declared as expired, statutory, or ordinal vested rights; or

Separate procedures regarding statutory or ordinal vested rights.

UDO ADMINISTRATOR REVIEW AND ENFORCEMENT

The town through its duly authorized officials shall have the power to summarily remove, abate, or remedy all violations.

Working with applicable law enforcement agencies as appropriate.

Issuing orders to resolve violations and matters in connection with the same.

Imposing civil charges on person(s) liable for violations.

Issuing notices identifying violations, applicable ordinance and approval provisions violated by the same, remedies and enforcement mechanisms available to the town in consequence of the same.

Issuing orders directing person(s) liable to correct, remediate, remove, and abate violations, to post a bond to secure performance of the same.

Authorizing the incurring of expenses and executing agreements (in accord with applicable town procedures) for correction, remediation, removal, and abatement of violations.

Collecting in the nature of a debt (and, to the extent allowed by law, in the nature of unpaid taxes), all amounts owed by persons liable in connection with violations.

Imposing enforcement or remedial related conditions and provisions on any and all approvals for defined periods of time in the course of dealing with violations.

Pursuing chronic violator procedures.

Pursuing all forms of legal processes and remedies available in connection with violations through the courts of competent jurisdiction.

Employing any, all, or any combination of enforcement mechanisms and remedies available under this article, and otherwise provided by law.

In addition to powers and duties of the official enumerated herein, the official shall have all those powers set forth in NCGS 160A-175, 160A-193, 160A-200.1, and 160D-404(c).

COMPLAINTS REGARDING VIOLATIONS

PERSONS LIABLE

PROCEDURES UPON DISCOVERY OF VIOLATIONS

PENALTIES AND REMEDIES FOR VIOLATIONS

Any one, all, or any combination of the foregoing penalties and remedies may be used to enforce this ordinance.

(Ord. No. 24-1230, 7-9-2024)

Carolina Beach City Zoning Code

ARTICLE 2

- ADMINISTRATION AND PROCEDURES

2.1 - GENERAL

Town Council

Planning and Zoning Commission

Board of Adjustment

Technical Review Committee

UDO Administrator

(Ord. No. 24-1230, 7-9-2024)

2.2 - TOWN COUNCIL

Powers and duties of the Town Council as pertaining to planning and zoning matters. The Town Council shall execute the following powers and duties:

Zoning amendments. The Town Council, as the governing body of the town, shall act in its legislative capacity when considering proposed amendments to the text of this ordinance or to the zoning map.

Special use permits. The Town Council, as the governing body of the town, shall act in its quasi-judicial capacity when reviewing special use permits.

Minutes. The board shall keep minutes of its proceedings.

(Ord. No. 24-1230, 7-9-2024)

2.3 - PLANNING AND ZONING COMMISSION

Powers of the Planning and Zoning Commission. The Planning and Zoning Commission shall have the following powers and duties related to the administration of this ordinance:

Review petitions for proposed amendments to the ordinance text and/or map and make recommendations to the Town Council.

Initiate proposed amendments to the ordinance text and/or map subject to the discretion of the Town Council.

Prepare studies and plans related to controlling and creating orderly growth and development of the town.

Perform any other duties assigned by the Town Council as authorized in NCGS 160D-301.

Planning and Zoning Commission administration.

The commission shall adopt rules of procedures and regulations for the conduct of its affairs.

All meetings of the commission shall be open to the public.

The person acting as chairperson of the commission [or the hearing officer] is authorized to administer oaths to any witnesses in any matter coming before the commission.

The board shall keep minutes of its proceedings.

Quorum and vote required.

A quorum of the commission, necessary to conduct any business of the commission, shall consist of a simple majority.

A simple majority vote of those present shall be necessary to conduct routine business of the commission.

(Ord. No. 24-1230, 7-9-2024)

2.4 - BOARD OF ADJUSTMENT

Establishment. A Board of Adjustment is hereby created. The term "board," when used in this section, shall be construed to mean the Board of Adjustment.

Length of terms. The term of office of members of the board shall be for three (3) years.

Vacancies. Vacancies occurring for reasons other than expiration of terms shall be filled in the same manner as other appointments, as they occur, for the period of the unexpired term.

Compensation. The members of the board shall receive no compensation for their services.

Officers, rules of procedure and conduct of meetings.

Reserved.

(Ord. No. 24-1230, 7-9-2024)

2.5 - TECHNICAL REVIEW COMMITTEE AND PROCEDURE

The purpose of the Technical Review Committee is to facilitate communication and coordination between departments responsible for development review.

Such committee may provide recommendations through digital communications or during a scheduled in-person meeting at the discretion of the UDO Administrator.

(Ord. No. 24-1230, 7-9-2024)

2.6 - UDO ADMINISTRATOR

To make all necessary determinations and interpretations as required by this ordinance; and

To propose and promulgate administrative regulations necessary to implement the provisions of this ordinance.

(Ord. No. 24-1230, 7-9-2024)

2.12 - COMMON REVIEW PROCEDURES

COMPLETE APPLICATIONS

Upon receipt of an application, the UDO Administrator shall determine if the application is complete. A complete application shall include the following:

Contains all information and materials established by the UDO Administrator and/or the requirements of this ordinance as required for submittal of the particular type of application.

Is in the form established by the UDO Administrator as required for submittal of the particular type of application.

Includes information in sufficient detail to evaluate the application to determine whether it complies with the appropriate substantive standards of this ordinance.

Is accompanied by the fee established for the particular type of application.

ZONING PERMIT

Zoning permits are transferable so long as the land or structures or any portion thereof covered under a permit continues to be used for the purposes for which the permit was granted.

BUILDING AND DEMOLITION PERMIT

Before commencing the removal or demolition of any building or structure or part thereof, a building permit authorizing said removal or demolition shall be obtained from the building inspector.

CERTIFICATE OF OCCUPANCY

The certificate of occupancy shall be issued after all final inspections have been made.

A certificate of occupancy may be withheld pending the UDO Administrator determination of compliance with any other requirements of this ordinance.

FLOODPLAIN DEVELOPMENT PERMIT

STORMWATER PERMITS

Applicable stormwater permits, including fill and grade, and clearing, shall be issued by the Stormwater Administrator in accordance with Article 6: Stormwater Management.

SIGN PERMIT

Name and address of the owner of the sign.

Total number of signs existing on site, including the dimensions of each.

Payment of the permit fee.

The value of the sign or sign structure.

The method and type of illumination, if any.

The location proposed for such signs in relation to property lines, zoning district boundaries, right-of-way lines, and existing signs.

A graphic representation (hand drawn if necessary), including color scheme, lighting, and landscaping of the proposed sign.

CAMA PERMIT

OUTDOOR SEASONAL SALES AND TEMPORARY STORAGE CONTAINER PERMITS

Outdoor seasonal sales and temporary storage container permits shall be issued by the UDO Administrator.

HARDSCAPE PERMITS (PATIOS, DRIVEWAYS, SIDEWALKS, ETC.)

Permit requirements.

Repair or modification of existing driveways. Proposed changes to the size or location of the existing driveway shall be subject to meeting new construction standards.

A site plan is required with any application for all new or reconstructed driveways. Site plans shall be drawn to scale and include the following information at a minimum:

The location of proposed or existing driveways with dimensions and the distances from other streets and driveways.

ii)

Labeled public rights-of-way and widths.

iii)

Existing infrastructure such as sidewalks, drainage pipes, utility poles, hydrants, or any other features.

iv)

Erosion control and sedimentation plan.

The fee for the permit will be specified in the town's annual fee schedule.

Prior to the issuance of any driveway permit located within a state maintained right-of-way, a copy of an approved NCDOT driveway permit shall be provided to the Town.

FENCE PERMITS AND OTHER MISCELLANEOUS PERMITS

Such permits shall be issued in accordance with the requirements of this ordinance.

(Ord. No. 24-1230, 7-9-2024)

2.13 - MODIFICATION, REVOCATION, AND RESUBMISSION OF A DENIED PERMIT

MODIFICATION OF PERMITS OR APPROVALS

Change in use.

An increase in overall ground coverage by structures.

A change in any site dimension by more than 10%.

A reduction in approved open space or screening.

A change in access and internal circulation design.

Any changes to approved plans and conditions of development in consequence of enforcement actions of this ordinance are not changes subject to this section.

PERMIT REVOCATION

The permit was issued based on erroneous information.

No person may continue to make use of land or building in the manner authorized by any permit issued under this ordinance after such permit has been revoked in accordance with this ordinance.

RESUBMISSION OF A DENIED PETITION

(Ord. No. 24-1230, 7-9-2024)

2.14 - SPECIFIC REVIEW PROCEDURES

PURPOSE AND INTENT

It is the purpose of the review procedures of this article to ensure:

All applicable town regulations associated with a property and of adjacent land have been recognized and evaluated.

A clear and understandable decision can be made concerning proposed development.

It is further the purpose of the review procedures of this article to ensure regulations are enforced that will:

Ensure the health, safety, and welfare of the community and its natural environment.

Conserve and enhance property values.

Preserve adequate space for vehicular and transportation facilities associated with new development.

Provide for effective traffic movement without congestion and hazards.

Provide for effective stormwater management and control.

Assure that public utilities and services are provided in a safe and healthful manner, consistent with applicable regulations and standards.

It is the intent of all applicable review and approval procedures to ensure:

Staff will be involved in providing supporting information on the process for any development approval.

The burden of preparing any development approval application and providing proof of compliance lies with the applicant.

MINOR SITE PLAN

Applicability. The following development types must submit a minor site plan as specified in this ordinance:

Changes of use.

Accessory structures, construction/installation of fences/walls, piers, docks, decks, stairs, signs, driveways, and/or similar ancillary support items.

Increase in intensity or units of residential development consisting of four (4) or fewer existing dwelling units and to include any of the following:

An increase in number of off-street parking or loading spaces; or an increase in impervious surface area.

ii)

An increase in overall ground coverage by structures.

iii)

A reduction in approved open space or screening.

iv)

A change in access and internal circulation design.

A site plan is not required for changes of use whereby no increase in impervious square footage is proposed or any other modification of exterior site characteristics is to be proposed.

Minor site plan criteria. All minor site plans shall include the following, where applicable:

The name, address, and phone number of the professional(s) responsible for preparing the plan if different than the applicant.

Engineer's scale one (1) inch equals 40 feet or larger.

Title block or brief description of project including all proposed uses.

Date.

North arrow.

Property and zoning boundaries.

The square footage of the site.

Lot coverage (buildings, decks, steps).

Impervious coverage.

Location of all existing and proposed structures and the setbacks from property lines of all affected structures to remain on-site.

Design of driveways and parking/loading areas with parking spaces individually numbered in sequential order.

Adjacent rights-of-way labeled with the street name and right-of-way width.

Location of all existing and/or proposed easements.

Location of flood zones and finished floor elevations.

Vision clearance area.

CAMA areas of environmental concern (AEC) and CAMA setbacks.

Minor Site Plan Review Procedure:

If plan approval is denied, the reasons for this action shall be communicated to the applicant in writing.

Minor site plan approval expires 24 months from the date of approval.

Zoning permits may be issued once the minor site plan is approved.

MAJOR SITE PLAN

Applicability. The following development types must submit a site plan as specified in this ordinance:

Residential uses of five (5) or more units.

New nonresidential (office, commercial, or industrial, etc.) use.

Increase in intensity of the nonresidential development or residential development consisting of five (5) or more existing dwelling units to include any of the following:

An increase in density of units, whether residential, office, commercial, or industrial; an increase in number of off-street parking or loading spaces; or an increase in impervious surface area;

ii)

An increase in overall ground coverage by structures;

iii)

A reduction in approved open space or screening;

iv)

A change in access and internal circulation design.

All other development not subject to minor site plan, conditional zoning, subdivision, or special use permit approval.

Major site plan criteria. All major site plans shall include the following, where applicable:

The name, address, and phone number of the professional(s) responsible for preparing the plan if different than the applicant.

Engineer's scale one (1) inch equals 40 feet or larger.

Title block or brief description of project including all proposed uses.

Date.

North arrow.

Property and zoning boundaries.

The square footage of the site.

Lot coverage (buildings, decks, steps).

Impervious coverage.

Location of all existing and proposed structures and the setbacks from property lines of all affected structures to remain on-site.

Design of driveways and parking/loading areas with parking spaces individually numbered in sequential order.

Adjacent rights-of-way labeled with the street name and right-of-way width.

Location of all existing and/or proposed easements.

Location and design of refuse facilities.

Approximate locations and sizes of all existing and proposed utilities.

Existing and/or proposed fire hydrants (showing distances).

Adjacent properties with owners information and approximate location of structures.

Distances between all buildings.

Number of stories and height of all structures.

Locations of all entrances and exits to all structures.

Calculation of the gross floor area with each room labeled (i.e., kitchen, bedroom, bathroom).

Exterior lighting locations with area of illumination illustrated, as well as the type of fixtures and shielding to be used.

Location of flood zones and finished floor elevations.

CAMA areas of environmental concern (AEC) and CAMA setbacks.

Delineation of natural features and wetlands with existing and proposed topography with a maximum of two (2) foot contour intervals.

Proposed landscaping including percentages of open space.

aa)

Stormwater management systems.

bb)

Species identification of all trees greater than three (3) inches diameter at breast height (DBH).

cc)

Vision clearance area.

dd)

Cross-sectional details of all streets, roads, ditches, and parking lot improvements.

ee)

Building construction and occupancy type(s) per the building code.

ff)

Location of fire department connection(s) for standpipes.

gg)

Turning radii, turnarounds, access grades, height of overhead obstructions.

hh)

Dimensions and locations of all signs.

ii)

A vicinity map drawn with North indicated.

jj)

Submission of the total daily water flow usage and sewer design flow by a design professional.

Major Site Plan Review Procedure:

If plan approval is denied, the reasons for this action shall be communicated to the applicant in writing.

Major site plan approval expires 24 months from the date of approval.

Zoning permits may be issued once the site plan is approved.

SPECIAL USE PERMIT

Quasi-judicial hearing procedure. All applications for a special use permit shall follow quasi-judicial procedures as required by NCGS 160D-406.

10.

Specific standards. No special use shall be granted by Town Council unless the following provisions and arrangements, where applicable, have been made to the satisfaction of the council:

Refuse and service area, with particular reference to the subsections concerning ingress/egress to the property and off-street parking and loading of this section.

Utilities, with reference to locations, availability, and compatibility.

Screening and buffering with reference to type, dimensions, and character.

Signs, if any, and proposed exterior lighting with reference to glare, traffic safety, economic effect, and compatibility and harmony with properties in the district.

Required yards and other open space and preservation of existing trees and other attractive natural features of the land.

11.

General conditions. The Town Council, in granting the permit, must also find that all four (4) of the following conditions exist:

That the use will not materially endanger the public health or safety if located where proposed and developed according to the plan as submitted and approved by the issuance of the S.U.P.

That the use meets all required conditions and specifications.

That the use will not substantially injure the value of adjoining or abutting property, or that the use is a public necessity; and

12.

13.

14.

15.

16.

VARIANCE

Notice of quasi-judicial hearing. Notice of hearings conducted pursuant to this section shall be mailed to the person or entity whose 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; and to the owners of all parcels of land abutting the parcel of land that is the subject of the hearing. The notice must be deposited in the mail at least 10 days, but not more than 25 days, prior to the date of the hearing. Within that same time period, the town 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 requested variance is consistent with the spirit, purpose, and intent of the ordinance, such that public safety is secured and substantial justice achieved.

Findings of fact made by the Board of Adjustment under this section shall be based upon only the evidence presented at the hearing at which the variance is considered.

No change in permitted uses may be authorized by variance.

10.

A variance may be issued for an indefinite duration or for a specified duration only.

11.

12.

APPEAL

(Ord. No. 24-1230, 7-9-2024)

2.15 - CREATION OF NEW LOTS/DIVISION OF LAND

GENERAL

EXEMPT PLAT REVIEW

The applicant shall file any approved exempt plat with the Register of Deeds of New Hanover County within 30 days of approval; otherwise, such approval shall be null and void.

The exempt plat shall include all of the required certificates as provided in Appendix A: Submission Requirements.

EXPEDITED MINOR SUBDIVISION REVIEW

Applicability. The town only requires submittal of a final plat for review of an expedited minor subdivision if it meets the criteria as provided in NCGS 160D-802(c).

The applicant shall file any approved final plat with the Register of Deeds of New Hanover County within 30 days of approval; otherwise, such approval shall be null and void.

The minor subdivision plat shall include all of the required certificates as provided in Appendix A: Submission Requirements.

MINOR SUBDIVISION PRELIMINARY PLAT

Applicability. Subdivisions of five (5) or fewer lots, regardless of right-of-way dedication or utility extension.

Application Materials and Submittal. One (1) digital copy of the minor subdivision preliminary plat shall be submitted with all applications for such.

Minor subdivision preliminary plat review procedure:

The minor subdivision preliminary plat shall contain or be accompanied by all of the following information.

Description.

Proposed name of subdivision.

ii)

Name of owner, surveyor, and designer.

iii)

Graphic scale, true and grid north points, and date of preparation.

iv)

Vicinity map showing relationship of the subdivision site to the surrounding area.

Existing conditions.

Topography by contours at vertical intervals of not more than two (2) feet tied to mean sea level datum.

ii)

Zoning district classification (if there is more than one classification, the dividing lines should be shown) on land to be subdivided and on adjoining lands.

iii)

Names of adjoining property owners or subdivisions.

iv)

The boundary lines of the tract to be subdivided, drawn accurately with all bearings and distances.

Acreage to be subdivided.

vi)

In case of resubdivision, a copy of existing plat.

vii)

Location of streams, lakes, ocean, and swamps with direction of flow and elevations.

viii)

ix)

Regulatory flood elevations and boundaries of flood-prone areas, including floodways, if known.

Identify any lots located in the CAMA AEC.

Proposed conditions.

Layout and elevation of roads, alleys, and public crosswalks, with widths noted; road names or designation; grades and cross sections.

ii)

iii)

Preliminary plan of on-site waste disposal systems including disposal sites for lands subject to flooding or sanitary sewers with grade, pipe size, points of discharge.

iv)

Preliminary plan of the drainage system with grade, pipe size, and location of outlet.

vi)

Preliminary plan of the water supply system, if any, with pipe sizes and location of hydrants.

vii)

Proposed fill or other structure elevating techniques, levees, channel modifications, seawalls and other methods to overcome flood- or erosion-related hazards.

viii)

ix)

Designation of all land to be reserved or dedicated for open space, recreation use, or school sites. Acreage should be shown for total of land uses.

Draft of proposed restrictive covenants (if any) to be imposed and areas subject to special restrictions.

MAJOR SUBDIVISION PRELIMINARY PLAT

Applicability. Subdivisions of six (6) or more lots.

Application Materials and Submittal. One (1) digital copy of the major subdivision preliminary plat shall be submitted with all applications for such.

Major subdivision preliminary plat review procedure:

The Planning and Zoning Commission shall review and take final action on each preliminary plat within 45 days of their first meeting.

MINOR AND MAJOR SUBDIVISION FINAL PLAT

ii)

Obtain funds pursuant to the surety and complete the public improvements by itself or through a third party;

iii)

iv)

Exercise any other rights available under the law.

Application Materials and Submittal. One (1) digital copy of the subdivision final plat shall be submitted with all such applications.

Regulatory flood elevations and areas subject to special deed restrictions;

The accurate locations and descriptions of all monuments, markers, and control points;

The blocks numbered consecutively throughout the entire subdivision and the lots numbered consecutively throughout each block;

Minimum building setback lines;

The widths, and names where appropriate, of all proposed streets and alleys, and of all adjacent streets, alleys, and easements which shall be properly located;

The name of the subdivision, the owner, and the surveyor or engineer.

The date of the survey and plat preparation, a north arrow indicating whether true or magnetic, and graphic scale;

A statement indicating whether deed restrictions exist and the subject and location of same.

10.

Any other information considered by the subdivider to be pertinent to the review of the final plat.

11.

Reserved.

12.

Minor and Major Subdivision Final Plat Review procedure:

The UDO Administrator shall approve or disapprove, according to the provisions of this ordinance, the final plat within 30 days after receipt of the complete application for a final plat.

(Ord. No. 24-1230, 7-9-2024)

2.20 - UDO TEXT AND ZONING MAP AMENDMENTS

INITIATION OF AMENDMENTS

PETITION FOR AN AMENDMENT

The following action shall be taken by the applicant:

Application. An application for any amendment shall contain:

A description of the current and proposed zoning regulation or district boundary to be applied;

ii)

For zoning map amendments, a surveyor's map along with a written metes and bounds description of the property involved, or a reference to lots in an approved subdivision;

iii)

The names and addresses of the owners of the property involved, and of adjacent property owners.

ACTION BY PLANNING AND ZONING COMMISSION

ACTION BY TOWN COUNCIL

Consideration. Before taking such lawful action as it may deem advisable, the Town Council shall consider the Planning and Zoning Commission's recommendations on each proposed zoning amendment.

The size, physical conditions, and other attributes of any areas proposed to be rezoned;

The benefits and detriments to the landowners, the neighbors, and the surrounding community;

The relationship between the current actual and permissible development and the development under the proposed amendment;

Why the action taken is in the public interest; and

Any changed conditions warranting the amendment (NCGS 160D-605).

CITIZEN COMMENTS

2.21 - CONDITIONAL ZONING

PURPOSE

All uses listed as part of any application shall be in the same format and description as listed in the table of uses.

APPLICATION AND CONDITIONAL ZONING REVIEW PROCEDURE.

When evaluating an application for the creation of a conditional zoning district, the Planning and Zoning Commission and Town Council shall consider the following:

The application's consistency to the general policies and objectives of the town's comprehensive plan, any other officially adopted plan that is applicable, and the UDO.

The potential impacts and/or benefits on the surrounding area, adjoining properties.

The report of results from the public input meeting.

PUBLIC INPUT MEETING

Prior to scheduling submittal of an application for conditional zoning, the applicant shall conduct one (1) public input meeting and file a report of the results with the UDO Administrator.

The staff report for the application will include a summary of the public input meeting.

The notice shall include the time, date, and location of the meeting as well as a description of the proposal.

The applicant's report of the meeting shall include:

A copy of the letter announcing the meeting.

A list of adjoining property owners contacted.

Attendance rosters.

A summary of the issues discussed.

The results of the meeting including changes to the project's proposal, if any.

CONDITIONS TO APPROVAL OF PETITION

Any such conditions should relate to the relationship of the proposed use to the impact on the following details:

Town services.

Surrounding property.

Proposed support facilities such as parking areas and driveways.

Pedestrian and vehicular circulation systems.

Screening and buffer areas.

Timing of development.

Street and right-of-way improvements.

Infrastructure improvements (i.e. water).

Provision of open space.

Other matters that the participants in the public input meeting, staff, Planning and Zoning Commission, and Town Council find appropriate or the petitioner may propose.

If any condition required at approval is later found to be illegal, the petition shall be returned to Town Council to reevaluate and adjust any conditions accordingly.

EFFECT OF APPROVAL

(Ord. No. 24-1230, 7-9-2024)

2.25 - VESTED RIGHTS AND PERMIT CHOICE

PURPOSE

This section provides for the establishment of certain vested rights for the following reasons:

To provide reasonable certainty, stability, and fairness in the land-use planning process;

Secure the reasonable expectations of landowners;

Foster cooperation between the public and private sectors in the area of land-use planning;

Recognizing that approval of land-use development typically follows significant landowner investment in site evaluation, planning, development costs, consultant fees, and related expenses; and

These provisions strike an appropriate balance between private expectations and the public interest.

ESTABLISHMENT OF A ZONING VESTED RIGHT FOR A SITE-SPECIFIC VESTING PLAN

Any property owner wishing to establish vested right shall make their intentions known in writing to the town at the time of submittal of the site-specific vesting plan.

A vested right may be established only for uses that are currently permitted by right or by conditional zoning in the appropriate zoning district.

REQUIREMENTS FOR SITE-SPECIFIC VESTING PLANS

A site-specific vesting plan shall meet the applicable submittal requirements of the approval type. In addition, the submittal shall include all of the following:

The site-specific vesting plan may be conditioned to require that the entire development or any phase of it be commenced or completed within a specified period of time.

A description, where appropriate, of any reservation or dedication of land for public purposes and any provisions to protect environmentally sensitive property.

A description of any conditions, terms, restrictions, or other requirements determined to be necessary by the local government for the public health, safety, or welfare of its citizens.

DURATION

Two (2) to five (5) years—Site-specific vesting plans.

Indefinite—Development Agreements. A vested right of reasonable duration may be specified in a development agreement approved under Article 10 NCGS 160D.

SUBSEQUENT CHANGES PROHIBITED; EXCEPTIONS

With the written consent of the affected landowner;

VOLUNTARY ANNEXATION

LIMITATIONS

Nothing in this section is intended or shall be deemed to create any vested right other than those established pursuant to NCGS 160D-108; 108.1.

PERMIT CHOICE

This section applies to all development approvals issued by the state and by the town. The duration of vested rights created by development approvals is as set forth in NCGS 160D-108(d).

(Ord. No. 24-1230, 7-9-2024)

2.26 - SUMMARY DEVELOPMENT APPROVAL PROCEDURES

PURPOSE

Table 2.1 Submittal Deadline and Action Timeline
Application Type	Number of Plan/Schematic Copies	Deadline for Submittal	Generalized Timeline for Action on Complete Application [1]
Zoning Permit, Sign Permit, Floodplain Permit, Tree Removal Permit	One (1) digital	NA	30 days
Minor and Major Site Plan	One (1) digital	14 days prior to TRC meeting	30 days
Special Use Permit (major change)	One (1) digital	30 days prior to TRC meeting	60 days
Exempt Plat, Expedited Minor Subdivision Plat	One (1) digital	NA	14 days
Minor Subdivision Preliminary Plat	One (1) digital	14 days prior to TRC meeting	30 days
Major Subdivision Preliminary Plat	One (1) digital	30 days prior to TRC meeting	75 days
Minor and Major Subdivision Final Plat	One (1) digital	14 days prior to TRC meeting	30 days
Text Amendment, Zoning Map Amendment (Rezoning)	One (1) digital	30 days prior to TRC Meeting	60 - 90 days [2]
Conditional Zoning District, Planned Unit Development (greater than four (4) units)	One (1) digital	30 days prior to TRC Meeting	75 - 90 days [2]
1. Any such timeline provided is not binding. See ordinance text for specific approval timeline requirements. This is provided for reference purposes.
2. Final decisions for any legislative action are at the discretion of the Town Council, including a determination whether to pursue action on any duly submitted application. Applicants for any legislative decision are not guaranteed action on any proposed application.

(Ord. No. 24-1230, 7-9-2024)

2.27 - REVIEW PROCEDURE SUMMARY

Table 2.2: Review Procedures Summary
Application Type	Advisory or Decision-Making Body
Application Type	Town Council	Planning and Zoning Commission	Board of Adjustment	UDO Admini- strator	CAMA LPO	Building Inspector
FD = Final Decision; R = Advisory Recommendation; PH = Public Hearing; QJ = Quasi-judicial Hearing
Complete Application				FD
Zoning Permit, Sign Permit, Floodplain Permit, Tree Removal Permit				FD
Building Permit						FD
CAMA Minor Permit					FD [1]
Major and Minor Site Plan				FD
Special Use Permit	FD-QJ			R [2]
Variance, Appeal			FD-QJ
Exempt Plat, Minor Subdivision Preliminary Plat				FD
Major Subdivision Preliminary Plat		FD
Minor and Major Subdivision Final Plat				FD
Text Amendment, Zoning Map Amendment (Rezoning)	FD-PH	R		R
Conditional Zoning District, Planned Unit Development (greater than four (4) units)	FD-PH	R		R
[1] CAMA general and major permits are decided by the NC Division of Coastal Management and Coastal Resources Commission. [2] Such recommendation shall only be in regards to the application's compliance with ordinance requirements.

(Ord. No. 24-1230, 7-9-2024)

2.28 - PUBLIC NOTIFICATION REQUIREMENTS

Table 2.3: Public Notification Summary
Application Type	Advisory or Decision-Making Body	Published Notice [1]	Mailed Notice [2]	Posted Notice [3]
X = Notification Required; PH = Public Hearing; QJ = Quasi-judicial Hearing
Special Use Permit	Town Council		X-QJ	X-QJ
Variance	Board of Adjustment		X-QJ	X-QJ
Appeal	Board of Adjustment		X-QJ	X-QJ
Text Amendment	Planning and Zoning Commission	X-PH
	Town Council	X-PH	X-PH [4]
Zoning Map Amendment, Conditional Zoning District	Planning and Zoning Commission	X-PH	X-PH	X-PH
	Town Council	X-PH	X-PH	X-PH
Statutory Zoning Vested Rights	Town Council		X-PH	X-PH
[1] Published notice provided once a week for two (2) successive calendar weeks, with the first notice between 10 and 25 days before the hearing.
[2] Mailed notice provided to affected owners and landowners abutting the subject lot between 10 and 25 days before the hearing.
[3] Posted notice provided on site or adjacent street between 10 and 25 days before the hearing. [4] Mailed notice subject NCGS 160D-601(b).

(Ord. No. 24-1230, 7-9-2024)

2.29 - ADMINISTRATION, ENFORCEMENT, AND REVIEW

PURPOSE

The purposes of this section are to provide:

Clearer and fairer ways to deal with violations of this ordinance;

Reasonable opportunities for certain persons concerned with violations to be heard under the circumstances; and

Remedies and enforcement procedures to remedy any violation of this ordinance to the fullest extent available and not prohibited or limited by law.

Powers of the town under the code or state statute;

Authority as granted by statute or ordinance to confer, restrict, modify, extend, rescind, revoke, terminate, impose conditions upon, or declared as expired, statutory, or ordinal vested rights; or

Separate procedures regarding statutory or ordinal vested rights.

UDO ADMINISTRATOR REVIEW AND ENFORCEMENT

The town through its duly authorized officials shall have the power to summarily remove, abate, or remedy all violations.

Working with applicable law enforcement agencies as appropriate.

Issuing orders to resolve violations and matters in connection with the same.

Imposing civil charges on person(s) liable for violations.

Issuing notices identifying violations, applicable ordinance and approval provisions violated by the same, remedies and enforcement mechanisms available to the town in consequence of the same.

Issuing orders directing person(s) liable to correct, remediate, remove, and abate violations, to post a bond to secure performance of the same.

Authorizing the incurring of expenses and executing agreements (in accord with applicable town procedures) for correction, remediation, removal, and abatement of violations.

Collecting in the nature of a debt (and, to the extent allowed by law, in the nature of unpaid taxes), all amounts owed by persons liable in connection with violations.

Imposing enforcement or remedial related conditions and provisions on any and all approvals for defined periods of time in the course of dealing with violations.

Pursuing chronic violator procedures.

Pursuing all forms of legal processes and remedies available in connection with violations through the courts of competent jurisdiction.

Employing any, all, or any combination of enforcement mechanisms and remedies available under this article, and otherwise provided by law.

In addition to powers and duties of the official enumerated herein, the official shall have all those powers set forth in NCGS 160A-175, 160A-193, 160A-200.1, and 160D-404(c).

COMPLAINTS REGARDING VIOLATIONS

PERSONS LIABLE

PROCEDURES UPON DISCOVERY OF VIOLATIONS

PENALTIES AND REMEDIES FOR VIOLATIONS

Any one, all, or any combination of the foregoing penalties and remedies may be used to enforce this ordinance.

(Ord. No. 24-1230, 7-9-2024)