The Director of Community Development is authorized, and it shall be his or her duty, to administer and enforce the provisions of this title. An appeal from the decision of the Director of Community Development as to any of the following may be made to the Board of Zoning, Planning, and Appeals as provided in Chapter 10:

1)

The completeness of an application;

2)

The location of a district line or boundary;

3)

The issuance or denial of a zoning permit;

4)

Any other decision delegated to him or her under this title.

(Ord. No. O19-05-06, § 3, 5-21-2019)

14.10.2.1. Change of use.

Except where specifically exempted by this title, no occupied or vacant land, and no existing or new structure shall, after the adoption of this title, be changed in its use in whole or in part until either a zoning permit is issued by the Director of Community Development or a conditional use permit issued by the Village Board of Trustees.

14.10.2.2. New development.

Except where specifically exempted by this title, no building or structure shall be constructed, erected, repaired, altered, added to, moved onto a lot, in whole or in part, until a zoning permit is issued by the Director of Community Development or a conditional use permit is issued by the Village Board of Trustees.

(Ord. No. O19-05-06, § 3, 5-21-2019)

14.10.3.1. Finding of architectural compatibility.

No zoning permit or conditional use permit for the construction or modification to a building or structure subject to the provisions of this title, shall be issued until the permit issuing authority has found that the standards of that section are met.

14.10.3.2. Building permit.

No building permit for the extension, erection or alteration of any building shall be issued before an application has been made and a zoning permit or a conditional use permit has been issued permitting the use of the property or the development as required in Article I of this chapter.

14.10.3.3. Certificate of occupancy.

No building or lot, or any portion of a building or lot, shall be occupied by a use unless a certificate of occupancy has been issued. A certificate of occupancy shall not be issued until the premises have been inspected and found by the Director of Community Development to comply with the approved zoning or conditional use permit, including any conditions, and the requirements of this title.

Nonresidential uses in existence on the effective date of this title are required to apply for and obtain a certificate of occupancy unless one was obtained within the past year and the use has not changed. Every use shall permanently maintain and prominently display the certificate of occupancy (or its duplicate) at the inside of the main entrance of its building, or in such other place as the Director of Community Development shall designate.

A fee according to Appendix A is established for duplicate certificate(s) of occupancy.

14.10.3.4 Variations.

Applications for a variation should be submitted after an application for a zoning permit or conditional use permit and a denial of the same for failure to meet the dimensional or other standards of this title. However, because this procedure necessitates the resubmission of the application for a second review, the applicant may proceed by requesting a letter from the Director of Community Development indicating what his or her site plan intends to do and requesting an opinion that such an action would violate a standard in this title.

(Ord. No. O19-05-06, § 3, 5-21-2019)

14.10.4.1. Form of applications.

Consistent with the provisions of this subsection, the application for a finding of architectural compatibility, zoning permit, conditional use permit, or variation shall be made by the record title owner on such form and contain such information as the Director of Community Development shall determine is necessary to determine if the standards of this title are met. An application to amend, supplement, or repeal the text of the zoning ordinance or official zoning map shall be made by the Director of Community Development, Board of Zoning, Planning, and Appeals, the Village Board of Trustees, or the record title owner of the property on such form and contain such information as the Director of Community Development shall determine it necessary for full review and consideration. In the event the property is subject to a contract to purchase, that party shall also join as an applicant.

The Director of Community Development is directed to prepare and modify forms to facilitate the application process. These forms should address key information that is necessary for the permit issuing authority to determine if the ordinance will be met and to allow full review and consideration. At a minimum, these forms should include the information set out in Table of Application Information, below.

The Director of Community Development shall determine the number of copies of applications including site plans or sketch plans required to be submitted for the full review under this ordinance. An administrative fee in accordance with Appendix A shall accompany every application.

14.10.4.2 Site Plan Required.

Any applicant for a zoning or conditional use permit proposing to undertake any of the following activities, construction, or change in use are required to file a site plan:

1)

The construction of more than seven thousand five hundred (7,500) square feet of impervious surfaces;

2)

The addition of more than two thousand five hundred (2,500) square feet of impervious surface to a lot on which was previously constructed more than five thousand (5,000) square feet of impervious surfaces;

3)

Any construction or grading in or near a floodway or floodplain;

4)

Any construction or change of use, other than a detached single-family or two (2) family residential dwelling unit, that would require a new ingress or egress to a collector or arterial road;

5)

Any construction or change of use which requires a Federal, State, or local permit which would require the submission of site information on a topographic map drawn to scale;

6)

Any construction or change of use which involves substantial changes to a previously approved site plan; or

7)

Any construction or change of use which could necessitate the redesign of public infrastructure, drainageways or easements.

Except where the Director of Community Development determines that the information to be provided would not be necessary to determine whether the standards in this title will be complied with, all site plans will show the location and dimension, both proposed and existing of the following:

14.10.4.3 Sketch required.

Any application for a zoning or conditional use permit involving construction or a change of use and which is not required to file a site plan as set out above, including any single-family detached residence or two-family residence, shall submit a sketch which shows:

1)

The location and dimension of the property lines;

2)

The setback lines;

3)

The street road right-of-way;

4)

Any structures existing or proposed to be located on the lot, including:

a)

Buildings;

b)

Vehicle accommodation areas;

c)

Utility facilities;

d)

Easements;

e)

Landscaping and screening;

5)

And such other information as the Director of Community Development may deem necessary to determine if the design standards and other aspects of this title will be met.

14.10.4.4 Processing of applications.

All applications shall be processed in a reasonable time considering the nature of the request and the complexity of determining compliance with this title and other Village ordinances. When an application is received, the Director of Community Development will review the application against the requirements of this title and determine if it appears to be complete. The Director of Community Development shall notify the applicant if he or she determines the application is incomplete and specify any additional information that is required. Completed applications subject to Board review that are filed with the Director of Community Development at least thirty (30) days prior to the next regularly scheduled meeting of that Board will usually be scheduled for public hearing at that meeting, unless the Board has already agreed to consider two (2) or more other matters on that date.

14.10.4.5. Public hearing requirements.

Applications for a variation, conditional use permit, zoning text amendment or zoning map amendment are subject to a public hearing at which the parties in interest and citizens shall have an opportunity to be heard.

1)

Hearing notice.

a)

It shall be the responsibility of the applicant to prepare a notice of the public hearing and publish it in a newspaper with general circulation in the Village, not less than fifteen (15) days, nor more than thirty (30) days, before the date fixed for the public hearing. In addition, it shall be the responsibility of the applicant to send a copy of the notice to the record owners of any property which is within two hundred fifty (250) feet of the subject property. For purpose of calculating distance, land within public streets and alleys shall be ignored, and property lines shall be constructively extended through them. For purpose of determining the record owners, the applicant and permit issuing authority may rely on the County tax records. The notice shall include an address of the subject property that would enable a layperson to accurately locate it. The applicant shall file a certificate of publication with the Board at or prior to the public hearing.

b)

Applications for a conditional use permit and/or map amendment shall include a public hearing sign be posted on the subject property and/or the adjacent right-of-way. The Village shall prepare and erect the sign so that it is visible to the public at least fifteen (15) days prior to the public hearing. This requirement may be waived at the discretion of the Director of Community Development, who shall provide written notification of said waiver to the Village Board.

c)

These standards are intended to meet and exceed statutory requirement. They do not waive any statutory requirements.

2)

Objector's notice. If an objector to an application is represented by an attorney and provided he or she has not notified the applicant that he or she will be so represented at least four (4) days prior to scheduled hearing date, then the applicant, on his or her own motion, will be allowed a continuance to prepare his or her case.

14.10.4.6. Consideration by the Boards.

1)

Applications for a variation or conditional use permit, or to amend the text of the zoning ordinance or the zoning map shall be reviewed in a manner consistent with the provisions of Chapter 9. Applications to amend the text of the zoning ordinance or the zoning map shall be referred to the Board of Zoning, Planning, and Appeals who will hold a public hearing and make a recommendation to the Village Board. If good cause can be shown, the applicable board may grant a continuance at their discretion. The Chairperson may admit into evidence a brief statement signed by proponents or opponents to the application.

2)

An application for a variation or conditional use permit, or zoning text or map amendment that was denied by the Village Board of Trustees or Board of Zoning, Planning, and Appeals, may not be resubmitted within a period of one (1) year from the date of denial, unless the Board that denied the application shall first determine in a separate resolution that the circumstances related to a determination of the request have so substantially changed from the date of the denial that an application should be accepted.

3)

In the event that an appointed Board, to which a matter has been referred by the Village Board of Trustees for a public hearing and recommendation, does not submit a recommendation to the Village Board of Trustees within thirty (30) days after the public hearing, the Village Board of Trustees may act.

4)

Copies of the report(s) of any Board(s) conducting hearings or making decisions shall be mailed in a timely manner to the applicant and any objectors who have requested a copy of the same. The report shall include the action of the applicable Board, the names of the members making and seconding the motion, and any votes for or against the motion.

5)

The Board of Trustees shall consider an application for a variation, conditional use permit, zoning text amendment, or zoning map amendment within sixty (60) days of a recommendation by the Board of Zoning, Planning and Appeals unless the applicant and the Village Board of Trustees mutually agree in writing to an alternative deadline.

14.10.4.7. Protest petitions.

In the case of a protest against a proposed change or amendment of the zoning ordinance or zoning map signed by the owners of twenty (20) percent or more of either the frontage proposed to be altered, or the frontage immediately adjoining or across from an alley therefrom, or the frontage directly opposite the frontage proposed to be altered, such amendment shall not become effective except by favorable vote of two-thirds of all the Trustees of the Village then holding office. No protest against any change or amendment to the zoning ordinance or zoning map shall be valid unless it is in the form of a written petition actually bearing the signatures of the requisite number of property owners and stating that the signers do protest the proposed change.

14.10.4.8. Expiration of permits.

1)

Any permit or variation issued pursuant to this title, including any zoning or conditional use permit, or variation, shall expire automatically, if within two (2) years after the issuance of such permit or variation, less than ten (10) percent of the total cost of all construction, excavation, demolition, alteration, or similar work authorized by such permit or variation has been completed on the site.

2)

Furthermore, if at any time more than one (1) year after the issuance of any such permit or variation, work in furtherance of the permit or variation is discontinued for a period of one (1) year, then such permit or variation shall immediately expire.

3)

Time spent in litigating a matter directly related to the issuance of such permit or variation shall not be counted in determining any period set out above.

4)

For purposes of this section, a permit or variation is issued by a Board when the Board votes to approve the same, and by the Director of Community Development when the Director of Community Development signs the permit, or in the event of an appeal therefrom when a final decision or determination granting or upholding the same has been filed.

14.10.4.9. Fees.

Prior to processing any application for any permits or certificates or approvals pursuant to this title, the applicant or developer shall pay any fee required in full and deposit with the Village such amounts as required by this section as found in Appendix A and the "Retained Personnel Ordinance," as it may be amended or replaced.

(Ord. No. O19-05-06, § 3, 5-21-2019)

14.10.5.1. Conflict with other laws and agreements.

In interpreting and applying the provisions of this title, such provisions shall be held to the minimum requirements for the promotion of the public safety, health, convenience, prosperity, and general welfare. It is not intended by this title to interfere with or abrogate or annul any easements, covenants, or other agreements between parties; provided, however, that where this title imposes a greater restriction upon the use of buildings or premises, or upon the height of buildings, or requires larger open spaces than are imposed or required by other ordinances, rules, regulations, or by easements, covenants, or agreements other than those with the Village of Cary, the provisions of this title shall govern.

14.10.5.2. Severability.

Should any chapter, section, subsection, paragraph, sentence, clause, phrase or district boundary of this zoning title or the zoning map which is a part of this adopted as a part of this title, be decided by a court of competent jurisdiction to be unconstitutional or invalid, such decision shall not affect the validity of these regulations and the zoning map in part or as a whole, other than the part so decided to be unconstitutional or invalid. The Village Board of Trustees declares that it would have adopted this title and zoning map, irrespective of the fact that any one (1) or more chapters, sections, subsections, paragraphs, sentences, clauses, phases, or district boundaries be declared unconstitutional or invalid.

(Ord. No. O19-05-06, § 3, 5-21-2019)

14.10.6.1. Material mistake.

Any material misstatement of fact by an applicant that was relied on by the permit issuing authority in issuing a permit, variation or certificate of occupancy shall render the permit, variation, or certificate of occupancy void. If the permit issuing authority determines there is grounds to believe that a material misstatement of fact has occurred, it will notify the applicant of the same and hold an administrative hearing on the matter.

14.10.6.2. Violations of performance standards.

If during occupancy, a violation of the provisions of this title results, without sincere and immediate corrective work, the Director of Community Development shall suspend or revoke the certificate of occupancy and the operation or use shall immediately cease until it is able to operate in accordance with these regulations, at which time the permit shall be reinstated.

The Director of Community Development shall investigate any alleged violation(s), and if there is reasonable ground to believe that a violation exists, he or she shall investigate the alleged violation and for such investigation may employ qualified experts. A copy of the findings shall be forwarded to the Village Board. The services of any qualified experts employed by the Village to advise in establishing a violation shall be paid by the violator, if a violation is established. No new certificate shall be issued unless such charges have been paid to the Village.

14.10.6.3. Criminal and penalties.

Any person, firm or corporation who violates any provision of this title, whether through ownership, use or construction, shall upon conviction, be guilty of a misdemeanor and shall be subject to applicable fines in accordance with Appendix A. Each day that a violation exists shall be considered a separate offense.

14.10.6.4. Civil action.

In addition to any other remedy allowed by law, the Village may institute any appropriate action, or proceedings to prevent the unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance or use, to restrain, correct, or abate the violation, to prevent the occupancy of the building, structure or land, or to prevent any illegal act, conduct, business or use in or about the premises, or to seek enforcement by an appropriate equitable remedy issuing from a court of competent jurisdiction.

(Ord. No. O19-05-06, § 3, 5-21-2019; Ord. No. O21-06-02, § 13, 6-1-2021)