(a)

The use made of property within the jurisdiction of the county as shown on the official zoning map(s), may not be substantially changed; substantial clearing, grading or excavation may not be commenced; and buildings or other substantial structures may not be constructed, erected, moved or substantially altered; except in accordance with and pursuant to one (1) of the following permits:

(1)

A zoning permit issued by the administrator.

(2)

A special use permit issued by the board of adjustment.

(b)

A floodplain development permit shall also be required prior to the commencement of any development activities within special flood hazard areas determined in accordance with the provisions of section 12-251. No structure or land shall hereafter be located, extended, converted, altered or developed in any way without full compliance with the terms of this chapter.

(c)

Zoning permits, special use permits, and floodplain development permits are issued under this chapter only when a review of the application submitted, including the plans contained therein, indicates that the development will comply with the provisions of this chapter if completed as proposed. Such plans and applications as are finally approved are incorporated into any permit issued, and all development shall occur strictly in accordance with such approved plans and applications.

(Amd. of 2-5-08)

(a)

A completed application form for a zoning permit shall be submitted to the administrator by filing a copy of the application with the planning department.

(b)

The administrator shall issue the zoning permit unless he finds, after reviewing the application and consulting with the applicant, that:

(1)

The requested permit is not within the zoning jurisdiction of this chapter (section 12-3), or;

(2)

The application is incomplete; or

(3)

If completed as proposed in the application, the development will not comply with one or more requirements of this chapter, not including those requirements concerning which a variance has been granted or those the applicant is not required to comply with under the nonconformities specified in section 12-8.

(Amd. of 5-20-97)

(a)

A completed application for a special use permit shall be submitted to the board of adjustment by filing a copy of the application and site plan with the administrator. The site plan shall include the following information:

(1)

Name, address and phone number of the owner (or agent) and the tax map/block/lot.

(2)

A boundary survey and vicinity map, total acreage, zoning classification(s), adjoining streets, railroads, water features, date, north arrow, and scale.

(3)

Adjoining property owners' names, addresses, tax map/block/lot, and existing land use(s).

(4)

Proposed use of all land and structures, including the number of residential units (if applicable).

(5)

Proposed number and location of all structures, their approximate area and exterior dimension, to include height.

(6)

Screening required by this chapter and/or proposed by the applicant.

(7)

All existing easements, reservations and right-of-way.

(8)

Floodplain areas as shown on the FEMA Flood Hazard Boundary Maps.

(9)

Traffic, parking and circulation plans, showing the proposed location and arrangement of parking spaces and ingress and egress to adjacent streets.

(10)

Proposed phasing, if any, and schedule for completion of entire project.

(b)

The board of adjustment shall issue or deny the requested permit, based upon the information submitted at the hearing. In the course of evaluating the special use permit, the board of adjustment may request additional information from the applicant. A request for such additional information shall stay any further consideration of the application. This information may include, but not be limited to:

(1)

Existing and proposed topography.

(2)

Stormwater drainage.

(3)

Existing and proposed water and/or sewer lines and fire hydrants serving the project.

(4)

Proposed number, type and location of signs.

(5)

Traffic impact study prepared by a qualified engineer or planner. The study shall include:

a.

Existing traffic conditions within the study area.

b.

Comparison of traffic volumes generated by the existing and proposed development, including the morning peak, afternoon or evening peak, and the average annual daily traffic levels.

c.

Distribution of existing and proposed trips through the street network.

d.

Analyses of the capacities of intersections located within the study area.

e.

Recommendations for improvements designed to mitigate traffic impacts and to enhance pedestrian access to the development.

f.

Other pertinent information including, but not limited to, accidents, noise, and impacts of air quality and other natural resources.

(6)

Environmental impact statement including, but not limited to:

a.

Statement of purpose and need.

b.

If project proposed by public entities, a list of alternatives considered.

c.

Description of the environment affected.

d.

Short and long term consequences of the project on the environment, including any adverse impacts which cannot be avoided.

e.

List of means which could be employed to mitigate any negative effects on the environment caused by the project.

(c)

Even if the board of adjustment finds that the application complies with all other provisions of this chapter, it may still deny the permit if it concludes, based upon the information submitted at the hearing, that if completed as proposed, the development, more likely than not:

(1)

Will materially endanger the public health or safety;

(2)

Will substantially injure the value of adjoining or abutting property;

(3)

Will not be in harmony with the area in which it is to be located; or

(4)

Will not be in general conformity with the land use plan, thoroughfare plan, or other plan officially adopted by the board of commissioners.

(Amd. of 5-20-97)

Editor's note— As directed by the city, the title of § 12-33 has been amended from "Conditional use permits" to "Special use permits," as set out herein.

Except as provided in section 12-36, the intended use may not be commenced, no building may be occupied, and in the case of subdivisions, no lots may be sold until all of the requirements of this chapter and all additional requirements imposed pursuant to the issuance of a conditional use permit, if required, have been complied with.

The provisions of this section shall not prohibit any property owner or property owner's agent from entering into contracts to sell or lease land by reference to an approved preliminary plat for which a final plat has not yet been properly approved under this chapter or recorded with the office of the register of deeds, provided such contracts comply with NCGS § 160D-807, as amended.

(Amd. of 4-1-08, § 6; Ord. of 6-1-21(1))

(a)

To minimize development planning costs, avoid misunderstanding or interpretation, and ensure compliance with the requirements of this chapter, preapplication consultation between the developer and the planning staff is encouraged.

(b)

Before submitting an application for a zoning permit authorizing a development that consists of or contains a major subdivision, the developer shall submit to the administrator a master plan of such subdivision (see section 12-54(a)).

(Amd. of 4-1-08, § 7)

(a)

If a development is constructed in phases or stages in accordance with this section; then, the provisions of section 12-34 shall apply to each phase as if it were the entire development.

(b)

As a prerequisite to taking advantage of the provisions of subsection (a), the developer shall submit plans that clearly show the various phases or stages of the proposed development and the requirements of this chapter that will be satisfied with respect to each phase or stage.

(a)

Definition. A vested right shall be deemed established with respect to any zoned property upon the valid approval or conditional approval of a site-specific development plan in accordance with procedures outlined in this section and G.S. § 160D-108. Such vested right shall confer upon the landowner the right to undertake the development and use of the property under the terms and conditions of the approved site-specific development plan and shall preclude any zoning action of the county that would change, alter, impair, prevent, diminish or otherwise delay the development or use of the property as set forth in the approved plan. The establishment of a vested right shall not preclude, however, the application of overlay zoning that imposes additional requirements but does not affect the allowable type or intensity of use; nor shall it preclude the application of ordinances or regulations that are general in nature and are applicable to all property subject to land use regulations by the county including, but not limited to, building, fire, electrical, plumbing and mechanical codes. Otherwise, any applicable new or amended regulations shall become effective with respect to property for which a vested right has been established only upon the expiration or termination of the vested right in accordance with subsection (b).

(b)

Establishment, duration and termination of a vested right.

(1)

In order to establish a vested right, a landowner shall submit a Site-specific development plan as outlined in this section. Each map, plat, site plan or other document submitted evidencing a Site-specific development plan shall contain the following notation:

"APPROVAL OF THIS PLAN ESTABLISHES A VESTED RIGHT UNDER G.S. 160D-108. UNLESS TERMINATED AT AN EARLIER DATE, THE ZONING VESTED RIGHT SHALL BE VALID UNTIL ________ (DATE)";

(2)

Landowners electing to pursue the vested rights option will be subject to hearing procedures as specified in article VI, and henceforth, the project under consideration for vested rights will be processed as a conditional use permit subject to conditions, specifications and procedures as outlined in section 12-33.

(3)

A right which has been vested shall remain vested for a period of two (2) years, and shall not be extended by any amendment or modification of the approved Site-specific development plan. A right which has been vested, together with the conditional use permit which has been issued in conjunction therewith shall expire or terminate as follows:

a.

At the end of the applicable vesting period with respect to buildings and uses for which no valid building permit applications have been filed;

b.

With the written consent of the affected landowner;

c.

Upon findings by the board of commissioners, after notice and a public hearing as required in article VI of this chapter, that natural or man-made 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 in accordance with said approval;

d.

To the extent that the affected landowner receives compensation for all costs, expenses and other losses incurred 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 of the Site-specific development plan, together with interest thereon at the legal rate until paid, but not including any diminution in the value of the property which is caused by such action;

e.

Upon findings by the board of commissioners, after notice and a public hearing as required in article VI of this chapter, that the land-owner or his representative intentionally supplied inaccurate information or made material misrepresentations which affected the approval of the Site-specific development plan;

f.

Upon the enactment of promulgation of a state or federal law or regulation which precludes development as contemplated in the approved Site-specific development plan, in which case the board of commissioners may modify the affected provisions upon a finding, after notice and a public hearing as required in article VI of this chapter, that the change in state or federal law has a fundamental effect on the approved Site-specific development plan.

(4)

The board of commissioners may rescind the approval of a Site-specific development plan for failure to comply with applicable terms and conditions as specified in the approval of said plan or as specified by this chapter.

(5)

Upon issuance of a building permit, the provisions of G.S. §§ 160D-403(c) and 160D-403(f), 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.

(Amd. of 5-20-97; Amd. of 4-1-08, § 8; Ord. of 6-1-21(1))

(a)

Zoning, special use, and sign permits shall expire automatically if, within one (1) year after the issuance of such permits:

(1)

The use authorized by such permits has not commenced, in circumstances where no substantial construction, erection, alteration, excavation, demolition, or similar work is necessary before commencement of such use, or

(2)

Less than ten (10) percent of the total cost of all construction, erection, alteration, excavation, demolition, or similar work on any development authorized by such permits has been completed on the site. With respect to phased development (see section 12-36), this requirement shall apply only to the first phase.

(b)

If, after some physical alteration to land or structures begins to take place, such work is discontinued for a period of one (1) year, then the permit authorizing such work shall immediately expire.

(c)

The permit-issuing authority may extend for a period of up to six (6) months the date when a permit would otherwise expire pursuant to subsections (a) or (b). Extensions may be granted without resort to the formal processes and fees required for a new permit.

Compliance, zoning, special use, and sign permits authorize permittee to make use of land and structures in a particular way. Such 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.

Recognizing that inordinate delays in acting upon appeals or applications may impose unnecessary costs on the appellant or applicant, the county shall make every reasonable effort to process appeals and permit applications as expeditiously as possible, consistent with the need to ensure that all development conforms to the requirements of this chapter.

(Amd. of 4-1-08, § 9)

(a)

The recipient of any zoning, special use, or sign permit, or his successor, shall be responsible for maintaining all common areas, improvements, or facilities required by this chapter or any permit issued in accordance with its provisions, except those areas, improvements, or facilities of dedicated to the public and accepted by the appropriate public authority. As illustrations, and without limiting the generality of the foregoing, this means that private roads and parking areas, water and sewer lines, and recreational facilities must be properly maintained so that they can be used in the manner intended and that required vegetation and trees used for screening, landscaping, or shading shall be replaced if they die or are destroyed.

(b)

A developer may create a homeowners association or similar legal entity to succeed to its responsibilities under this section, so long as such homeowners association is established in such a manner that:

(1)

Provision for the creation of the association or similar entity is made before any lot in the development is sold or any building occupied.

(2)

The association or similar legal entity has clear legal authority to maintain and exercise control over the common areas and facilities that must be maintained under this section.

(3)

The association or similar legal entity has the power to compel contributions from residents of the development to cover their proportionate shares of the costs associated with the maintenance and upkeep of such common areas and facilities.

(Amd. of 5-20-97)

(a)

Except where a single-family residence is constructed on a lot deeded prior to the effective date of the watershed ordinance (see section 12-4) or section 12-134, for water supply watersheds designated since the effective date of the watershed ordinance, no building or built-upon area shall be erected, moved, enlarged or structurally altered, nor shall any building permit be issued until a watershed protection permit has been issued by the administrator. No watershed protection permit shall be issued except in conformity with the provisions of this chapter. The watershed protection permit may be incorporated into the zoning permit.

(b)

The application process and other provisions of article III applicable to zoning permits shall also apply to watershed protection permits.

(c)

Prior to issuance of a watershed protection permit, staff may consult with a qualified agency for assistance to determine if the application meets the requirements of this chapter.

(Ord. of 10-3-00; Amd. of 4-1-08, § 10)

Editor's note— An ordinance of October 3, 2000, amended the Code by adding a new § 12-34. In order to prevent duplication of section numbers, the editor has redesignated the new provisions as § 12-42.