Fayetteville City Zoning Code

The provisions of this section shall apply to all development application requests under this Ordinance, unless otherwise stated in this section or in Section 30-2.C, Standards and Requirements for Development Applications.

This section includes the individual review procedures, standards, and related information for each of the applications for development permits and approvals, as summarized in Table 30-2.A.2, Development Review Structure.

1. The following bodies and City staff have powers and responsibilities in administering and reviewing applications for development approval under this Ordinance:
   1. City Council;
   2. Planning Commission;
   3. Zoning Commission;
   4. Reserved for future use;
   5. Historic Resources Commission;
   6. Technical Review Committee;
   7. City Manager.
   8. In addition to the review and decision-making bodies listed in this section, there are other City boards and commissions that may review and comment on specific application types during the review process as specified in the administrative manual.
2. Conflict of Interest. In accordance with Section 160D-109 of the North Carolina General Statutes, the following standards apply to all review and decision-making bodies under this Ordinance:
3. City Council. A member of City Council shall not vote on any legislative decision regarding a development regulation adopted pursuant to this Ordinance where the outcome of the matter being considered is reasonably likely to have a direct, substantial, and readily identifiable financial impact on the member. A member of City Council shall not vote on any zoning amendment if the landowner of the property subject to a rezoning petition or the applicant for a text amendment is a person with whom the member has a close familial, business, or other associational relationship.
4. Appointed Boards. Members of the Planning Commission, Zoning Commission, Historical Resources Commission, Technical Review Committee, or any other appointed board subject to this Ordinance, shall not vote on any advisory or legislative decision regarding a development regulation adopted pursuant to this Chapter where the outcome of the matter being considered is reasonably likely to have a direct, substantial, and readily identifiable financial impact on the member. An appointed board member shall not vote on any zoning amendment if the landowner of the property subject to a rezoning petition or the applicant for a text amendment is a person with whom the member has a close familial, business, or other associational relationship.
5. City Manager and Administrative Staff. No staff member shall make a final decision on an administrative decision under this Ordinance 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 under this section, the decision shall be assigned to the supervisor of the staff person or such other staff person as may be designated by the development regulation or other ordinance.
   No staff member shall be financially interested or employed by a business that is financially interested in a development subject to regulation under this Ordinance 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 a local government to provide staff support shall engage in any work that is inconsistent with his or her duties or with the interest of the local government, as determined by the local government.
   The term "staff member" includes the City Manager and any person acting under the authority of the City Manager.
6. Quasi-Judicial Decisions. A member of any board exercising quasi-judicial functions (for example, voting on whether to approve or recommend approval of a Special Use Permit) pursuant to this Ordinance 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 familiarl, business, or other associational relationship with an affected person, or a financial interest in the outcome of the matter.
7. Resolution of Objection. If an objection is raised to a board member's participation at or prior to the hearing or vote on a particular matter and that member does not recuse himself or herself, the remaining members of the board shall by majority vote rule on the objection.
8. Familial Relationship. For purposes of this section, a "close familial relationship" means a spouse, parent, child, brother, sister, grandparent, or grandchild. The term includes the step, half, and in-law relationships.

(Ord. No. S2015-018, § 2, 12-14-2015; Ord. No. S2021-010, § 3, 05/10/2021)

Effective on: 12/14/2015

Table 30-2.A.2, Development Review Structure, summarizes the review and decision-making bodies that have specific permit review roles under this Ordinance, and their responsibilities.

(Ord. No. S2011-013, §§ 6.1a, 6.2a, 11-28-2011; Ord. No. S2015-018, § 3, 12-14-2015; Ord. No. S2021-013, § 1, 05/10/2021)

Effective on: 12/14/2015

1. Powers and Duties
   To exercise the authority granted the City Council by state law, the City Council shall have the following powers and duties under this Ordinance:
   1. Application Review
      To initiate, review, and decide applications for the following:
      1. Map Amendments (Rezonings);
      2. Text Amendments;
      3. Planned Developments;
      4. Conditional Rezonings;
      5. Special Use Permits;
      6. Subdivision Waivers; and
      7. Development Agreements.
   2. Schedule of Fees and Civil Penalties
      To approve, by resolution, a schedule of fees governing applications for permits and other development approvals reviewed under this Ordinance and civil penalties for violations of this Ordinance.
   3. Other Actions
      To take any other action not delegated to the Planning Commission, Zoning Commission, Historic Resources Commission, Technical Review Committee, City Manager, or other decision-making board or staff as the City Council may deem desirable and necessary to implement the provisions of this Ordinance.
2. Voting on Special Use Permits
   For purposes of determining the City Council's vote on Special Use Permit applications, vacant positions and members who are disqualified from participating in or voting on a quasi-judicial matter in accordance with Section 160A-388(e)(1) of the North Carolina General Statutes shall not be considered members of the City Council.

(Ord. S2015-018, §1, 12-14-2015; Ord. No. S2021-023, § 1, 05/10/2021)

Effective on: 12/14/2015

The Planning Commission is hereby established in accordance with the North Carolina General Statutes.

1. Powers and Duties
   The Planning Commission shall have the following powers and duties:
   1. Recommendation Authority
      Review and make recommendations to the City Council on the following:
      1. Text Amendments;
      2. Planned Developments;
      3. Subdivision Waivers; and
      4. Development Agreements.
   2. Decision on Appeal Authority
      Review and decide appeals on the following:
      1. Subdivision Plans;
      2. Final Plats;
      3. Subdivision Exemptions; and
      4. Appeal of Major or Minor Site Plans.
   3. Other Powers and Duties
      The Planning Commission is authorized to carry out any other powers and duties delegated to it by the City Council, consistent with state law.  City Council gave decision-making authority to the Planning Commission for:
      1. Alternative Signage Plans (see Sec. 30-5.L.10.g); and
      2. Neighborhood Compatibility Permits (see Sec. 30-2.C.21).
2. Membership, Appointment, and Terms of Office
   1. The Planning Commission shall consist of a total of nine regular members and two alternate members appointed by the City Council. All members shall reside within the corporate limits of the City of Fayetteville.
   2. An alternate member may sit only in-lieu of a regular member as assigned by the Chair. When seated, alternate members shall have the same powers and duties as the member they replace.
   3. Planning Commission members shall be appointed for two-year, staggered terms, and shall continue to serve until their successors are appointed.
   4. No member shall serve more than two consecutive full terms without an intervening period of at least one year between appointments.
   5. Vacancies occurring for reasons other than expiration of terms shall be filled for the period of the unexpired term only.
   6. A Planning Commission member who moves outside the City shall be replaced by a qualifying member appointed by the City Council.
3. Chair and Vice-Chair
   1. The Planning Commission shall elect a Chair and a Vice-Chair from among its members, each to serve a one-year term.
   2. The Chair shall preside over all commission meetings. The Vice-Chair shall preside over commission meetings in the absence of the Chair. If both the Chair and Vice-Chair are absent, the Planning Commission shall vote to determine who shall serve as acting Chair for the meeting.
4. Staff
   The City Manager shall serve as the professional staff liaison to the Planning Commission and provide it with administrative support. The City Manager shall also serve as Secretary for the Planning Commission and shall notify commission members of all meetings and keep the minutes of the meetings.
5. Meetings
   1. Schedule
      The Planning Commission shall hold at least one regular meeting in each month unless the Chair determines that there are no agenda items for consideration.
   2. Official Record
      1. The Planning Commission shall keep a record of its recommendations, transactions, findings, and determinations.
      2. Such record shall be a public record.
   3. Publication of Notice
      Notice of all Planning Commission meetings shall be provided in accordance with state law and the public hearing requirements in Section 30-2.B.12, Public Notification.
   4. Open to the Public
      All meetings shall be open to the public.
   5. Procedure
      In conducting its meetings, the Planning Commission shall follow rules of procedure adopted in accordance with Section 30-2.A.4.h, Rules of Procedure, consistent with the procedural requirements of this Ordinance and state law.
6. Quorum and Necessary Vote
   1. Quorum
      Five members of the Planning Commission shall constitute a quorum. No official business of the commission shall be conducted without a quorum present.
   2. Voting
      An affirmative vote of the majority of commission members present and constituting a quorum is required for all decisions of the Planning Commission.
7. Attendance
   In accordance with Section 2-35 of the City of Fayetteville Code of Ordinances, a Planning Commission member shall attend at least 75 percent of regularly-scheduled commission meetings held annually from the date of the member's appointment. Any member who fails to comply with this requirement shall be automatically removed from the Planning Commission. The Chair of the Planning Commission shall notify the City Council if a member fails to comply with this attendance requirement.
8. Rules of Procedure
   The Planning Commission shall adopt rules of procedure governing its procedures and operations. Copies shall be made available for public inspection in the Planning and Zoning Division.

(Ord. No. S2011-014, § 9, 11-28-2011)

Effective on: 11/18/2013

The Zoning Commission is hereby established in accordance with the North Carolina General Statutes, including Chapter 160D, Article 3. Ord. No. S2015-018, adopted 12/14/2015, merged the Board of Adjustment with the Zoning Commission. 

1. Powers and Duties
   The Zoning Commission shall have the following powers and duties:
   1. Recommendation Authority
      Review and make recommendations to the City Council on the following:
      1. Map Amendments (Rezonings); and
      2. Conditional Rezonings.
   2. Review and Decide Applications for:
      1. Variances; and
      2. Appeals on the following decisions:
         1. Sign Permits, Clear-Cutting Permits, Temporary Use Permits, Administrative Adjustments, Certificates of Occupancy, and Interpretations by the City Manager;
         2. Vested rights;
         3. Certificates of Appropriateness by the Historic Resources Commission; and
         4. All other administrative decisions, determinations, and orders of the City Manager, or other City official in administering or enforcing this Ordinance.
   3. Other Powers and Duties
      The Zoning Commission is otherwise authorized to carry out any other powers and duties delegated to it by the City Council, consistent with state law.
2. Membership, Appointment, and Terms of Office
   1. Zoning Commission shall consist of five regular members and two alternate members appointed by the City Council. All members shall reside within the corporate limits of the City of Fayetteville.
   2. An alternate member may sit only in-lieu of a regular member as assigned by the Chair. When so seated, alternate members shall have the same powers and duties as the member they replace.
   3. Zoning Commission members shall be appointed for two-year, staggered terms, and shall continue to serve until their successors are appointed.
   4. No member shall serve more than two consecutive full terms without an intervening period of at least one year between appointments.
   5. Vacancies occurring for reasons other than expiration of terms shall be filled for the period of the unexpired term only.
   6. A Zoning Commission member who moves outside the City shall be replaced by a qualifying member appointed by the City Council.
3. Chair and Vice-Chair
   1. The Zoning Commission shall elect a Chair and a Vice-Chair from among its members, each to serve a one-year term.
   2. The Chair shall preside over all commission meetings. The Vice-Chair shall preside over commission meetings in the absence of the Chair. If both the Chair and Vice-Chair are absent, the Zoning Commission shall vote to determine who shall serve as acting Chair for the meeting.
4. Staff
   The City Manager shall serve as the professional staff liaison to the Zoning Commission and provide it with administrative support. The City Manager shall also serve as Secretary for the Zoning Commission and shall notify commission members of all meetings and keep the minutes of the meetings.
5. Meetings
   1. Schedule
      The Zoning Commission shall hold at least one regular meeting in each month unless the Chair determines that there are no agenda items for consideration.
   2. Official Record
      1. The Zoning Commission shall keep a record of its recommendations, transactions, findings, and determinations.
      2. Such record shall be a public record.
   3. Publication of Notice
      Notice of all Zoning Commission meetings shall be provided in accordance with state law and the public hearing requirements in Section 30-2.B.12, Public Notification.
   4. Open to the Public All meetings shall be open to the public.
   5. Procedure
      In conducting its meetings, the Zoning Commission shall follow rules of procedure adopted in accordance with Section 30-2.A.5.h, Rules of Procedure, consistent with the procedural requirements of this Ordinance and state law.
6. Quorum and Necessary Vote
   1. Quorum
      Four-fifths (4/5) of the total number of regular members of the Zoning Commission shall constitute a quorum for the consideration of variances.  For other official business of the Commission, three-fifths (3/5) of the membership must be present to conduct official business.  
   2. Voting
      The concurring vote of four-fifths (4/5) of the total number of regular members of the Zoning Commission shall be necessary to grant any variance.  An affirmative vote of the majority of commission members present and constituting a quorum is required for any other action by the Commission, including other quasi-judicial matters or to decide appeals from the final decisions of administrative officials charged with enforcing this ordinance. Vacant positions and members who are disqualified from participating in or voting on a quasi-judicial matter in accordance with Section 160D-406(i) of the North Carolina General Statutes shall not be considered members of the commission if there are no qualified alternate members available to fill in for such vacancies or disqualified members.
7. Attendance
   In accordance with Section 2-35 of the City of Fayetteville Code of Ordinances, a Zoning Commission member shall attend at least 75 percent of regularly scheduled commission meetings held annually from the date of the member's appointment. Any member who fails to comply with this requirement shall be automatically removed from the Zoning Commission. The Chair of the Zoning Commission shall notify the City Council if a member fails to comply with this attendance requirement.
8. Rules of Procedure
   The Zoning Commission shall adopt rules of procedure governing its procedures and operations. Copies shall be made available for public inspection in the Planning and Zoning Division.

(Ord. No. S2015-018, § 4, 12-14-2015; Ord. No. S2021-023, § 3, 05/10/2021; Ord. No. S2022-028, § 1, 09/26/2022)

Effective on: 12/14/2015

Editor's Note:  The Board of Adjustment was established in accordance with Chapter 160D, Article 3, of the North Carolina General Statutes.  Ord. No. S2015-018, adopted 12/14/2015, merged the Board of Adjustment with the Zoning Commission.  All references to "Board of Adjustment" subsequent to that date shall be interpreted to mean Zoning Commission acting as the Board of Adjustment.  All standards pertinent to the Board of Adjustment have been moved to that section and shall be applicable to the Zoning Commission when acting as the Board of Adjustments (see Sec. 30-2.A.5).

(Ord. No. S2011-014, § 9, 11-28-2011; Ord. No. S2014-004, § 2, 1-13-2014; Ord. No. S2015-018, § 4, 12-14-2015; Ord. No. S2021-023, § 3, 05/10/2021)

Effective on: 12/14/2015

The Historic Resources Commission is hereby established in accordance with Chapter 160A-942 of the North Carolina General Statutes.

1. a.
   Powers and Duties
   The Historic Resources Commission is hereby established in accordance with § 160D-303 and § 160D-942 of the North Carolina General Statutes. The powers of the Historic Resources Commission are as follows:

   1. 1.
      Undertake an inventory of properties of historical, prehistorical, architectural, and/or cultural significance;
   2. 2.
      Recommend to the governing board areas to be designated by ordinance as "Historic Districts" and individual structures, buildings, sites, areas, or objects to be designated by ordinance as "Landmarks;"
   3. 3.
      Acquire by any lawful means the fee or any lesser included interest, including options to purchase, to properties within established districts or to any such properties designated as landmarks to hold, manage, preserve, restore, and improve such properties, and to exchange or dispose of the property by public or private sale, lease or otherwise, subject to covenants or other legally binding restrictions that will secure appropriate rights of public access and promote the preservation of the properties;
   4. 4.
      Restore, preserve, and operate historic properties;
   5. 5.
      Recommend to the governing board that designation of any area as a historic district or part thereof, or designation of any building, structure, site, area, or object as a landmark, be revoked or removed for cause;
   6. 6.
      Conduct an educational program regarding historic properties and districts within its jurisdiction;
   7. 7.
      Cooperate with the State, federal, and local governments in pursuance of the purposes of this section. The governing board or the commission, when authorized by the governing board, may contract with the State, or the United States of America, or any agency of either, or with any other organization provided the terms are not inconsistent with State or federal law;
   8. 8.
      Enter, solely in performance of its official duties and only at reasonable times, upon private lands for examination or survey thereof. However, no member, employee, or agent of the commission may enter any private building or structure without the express consent of the owner or occupant thereof;
   9. 9.
      Prepare and recommend the official adoption of a preservation element as part of the City's comprehensive plan;
   10. 10.
       Review and act upon proposals for alterations, demolitions, or new construction within historic districts, or for the alteration or demolition of designated landmarks, pursuant to this section; and
   11. 11.
       Negotiate at any time with the owner of a building, structure, site, area, or object for its acquisition or its preservation, when such action is reasonably necessary or appropriate.
2. b.
   Membership, Appointment, and Terms of Office

   1. 1.
      The Historic Resources Commission shall consist of seven members appointed by the City Council. All members shall reside within the corporate limits of the City of Fayetteville. A majority of commission members shall have demonstrated special interest, experience, or education in history, architecture, archaeology, or related fields.
   2. 2.
      Historic Resources Commission members shall be appointed for two-year, staggered terms, and shall continue to serve until their successors have been appointed.
   3. 3.
      No member shall serve more than two consecutive full terms without an intervening period of at least one year between appointments.
   4. 4.
      Vacancies occurring for reasons other than expiration of terms shall be filled for the period of the unexpired term only.
   5. 5.
      A Historic Resources Commission member who moves outside the City shall be replaced by a qualifying member appointed by the City Council.
3. c.
   Chair and Vice-Chair

   1. 1.
      The Historic Resources Commission shall elect a Chair and a Vice Chair from among its members, each to serve a one-year term.
   2. 2.
      The Chair shall preside over all commission meetings. The Vice-Chair shall preside over commission meetings in the absence of the Chair. If both the Chair and Vice-Chair are absent, the Historic Resources Commission shall vote to determine who shall serve as Chair for the meeting.
4. d.
   Staff
   The City Manager shall serve as the professional staff to the Historic Resources Commission. The City Manager shall also serve as Secretary for the Historic Resources Commission and shall notify board members of all meetings and keep the minutes of the meetings.
5. e.
   Meetings

   1. 1.
      Schedule
      The Historic Resources Commission shall hold at least one regular meeting in each month unless the Chair determines that there are no agenda items for consideration.
   2. 2.
      Official  Record

      1. a.
         The Historic Resources Commission shall keep a record of its recommendations, transactions, findings, and determinations.
      2. b.
         Such record shall be a public record.
   3. 3.
      Publication of Notice
      Publication of notice of all Historic Resources Commission meetings shall be provided in accordance with state law and the public hearing requirements in Section 30-2.B.12, Public Notification.
   4. 4.
      Open to the Public
      All meetings shall be open to the public.
   5. 5.
      Procedure
      In conducting its meetings, the Historic Resources Commission shall follow rules of procedure adopted in accordance with Section 30-2.A.7.h, Rules of Procedure, consistent with the procedural requirements of this Ordinance and state law.
6. f.
   Quorum and Necessary Vote

   1. 1.
      Quorum
      Four members of the Historic Resources Commission shall constitute a quorum. No official business of the commission shall be conducted without a quorum present.
   2. 2.
      Voting
      An affirmative vote of the majority of commission members present and constituting a quorum is required for all decisions of the Historic Resources Commission.
7. g.
   Attendance In accordance with Section 2-35 of the City of Fayetteville Code of Ordinances, a Historic Resources Commission member shall attend at least 75 percent of regularly scheduled commission meetings held annually from the date of the member's appointment. Any member who fails to comply with this requirement shall be automatically removed from the Historic Resources Commission. The Chair of the Historic Resources Commission shall notify the City Council if a member fails to comply with this attendance requirement.
8. h.
   Rules of Procedure The Historic Resources Commission shall adopt rules of procedure governing its procedures and operations. Copies shall be made available for public inspection in the Planning and Zoning Division.

(Ord. No. S2021-006, §§ 1, 2, 04/26/2021; Ord. No. S2021-023, § 3, 05/10/2021; Ord. No. S2025-003, § 1, 02/24/2025)

Effective on: 2/24/2025

City Staff shall have the authority to render Administrative Decisions that are made in the course of implementation, administration, or enforcement of this Ordinance and that involve the determination of facts and application of objective standards, as specified in this subsection and in Section 30-2.B., Common Review Procedures, within the subsections applicable to each type of application.

1. Technical  Review Committee
   The Technical Review Committee is hereby established.
   1. Powers and Duties
      The Technical Review Committee shall have the following powers and duties:
      1. Decision  Authority
         Review and decide applications for the following:
         1. Major Site Plans; and
         2. Subdivision Plans.
      2. Recommendation Authority
         Review and make recommendations on applications for the following:
         1. Planned Developments;
         2. Conditional Rezonings;
         3. Special Use Permits;
         4. Subdivision Waivers; and
         5. Administrative Adjustments.
      3. Additional Duties
         1. Conduct pre-application conferences;
         2. Provide expertise and technical assistance to the City Manager in compiling and maintaining an administrative manual and in establishing application content requirements and a submission schedule for review of applications and appeals; and
         3. Provide expertise and technical assistance to the City's other decision-making bodies, upon request.
   2. Membership  and Appointment
      1. The Technical Review Committee shall consist of the specified number of representatives from each of the following City departments involved with development review, as designated by the head of the department:
         1. Planning and Zoning (2);
         2. (Building) Permits and Inspections (1);
         3. Engineering Division, Engineering and Infrastructure Department (1);
         4. Traffic Services Division, Engineering and Infrastructure Department (1);
         5. Stormwater Division, Engineering and Infrastructure Department (1);
         6. Fire Department (1);
         7. Police Department (1);
         8. Parks and Recreation Department (1); and
         9. Public Works Commission (1).
      2. Representatives from other City departments and from non-City regulatory agencies and service providers generally involved with development review (such as the North Carolina Highway Division and Land Quality Section, and the School Board) may serve as non-voting members of the Technical Review Committee. The Chair may request attendance by representatives of other local or state agencies where appropriate for an adequate review of an application.
   3. Chair
      The City Manager shall serve as Chair of the Technical Review Committee, and shall schedule committee meetings, coordinate the committee's activities, preside over committee meetings, prepare committee reports, and serve as liaison to the departments and agencies involved for clarification of issues and resolution of conflicts.
   4. Meetings
      The Technical Review Committee shall establish a regular meeting schedule and meet frequently enough to take action as expeditiously as practicable on matters before it. The City Manager may invite applicants to attend Technical Review Committee meetings.
2. City Manager
   The City Manager is the official responsible for administering the provisions of  this Ordinance. The City Manager may delegate any decision or review authority to any professional-level staff, and may delegate any administrative duties to any staff in the engineering or planning departments. The City Manager shall have the following powers and duties:
   1. Decision  Authority
      Review and decide applications for the following:
      1. Minor Site Plans;
      2. Final Plats;
      3. Subdivision Exemptions;
      4. Clear-Cutting Permits;
      5. Temporary Use Permits;
      6. Sign Permits;
      7. Building Permits;
      8. Certificates of Occupancy;
      9. Administrative Adjustments;
      10. Interpretations; and
      11. Vested Rights Certificates.
   2. Recommendation Authority
      Review and make recommendations on applications for the following:
      1. Major Site Plans.
      2. Map Amendments (Rezonings);
      3. Text Amendments;
      4. Subdivision Plans, when single-family design standards are applied;
      5. Certificates of Appropriateness; and
      6. Development Agreements.
   3. Additional Duties
      The City Manager shall have the following additional duties:
      1. Enforce this Ordinance in accordance with Article 30-8: Enforcement;
      2. Establish application content requirements and a submission schedule for review of applications and appeals;
      3. Compile and maintain an Administrative Manual;
      4. Review applications and submit staff reports to review and decision- making bodies;
      5. Maintain the Official Zoning Map and related materials;
      6. Provide expertise and technical assistance to the City's other review and decision-making bodies, upon request;
      7. Contract services from a certified arborist as needed for tree preservation, protection, removal, pruning, and planting; and
      8. Maintain a record of all permits and approvals on file and make copies available upon request.

(Ord. No. S2021-012, § 1, 05/10/2021)

Effective on: 11/18/2013

1. Applications for development approvals for a specific parcel of land shall be submitted by:
   1. The owner(s) of the land on which the development is proposed; or
   2. The contract purchaser(s) of the land; or
   3. Any other person(s) having a recognized property interest in the land (e.g., lessee); or
   4. A person authorized to submit the application on behalf of the owner(s), contract purchaser(s), or other person(s) having a recognized property interest in the land, as evidenced by a letter or document signed by such owner(s), contract purchaser(s), or other person(s).

2. If there are multiple owners, contract purchasers, or other persons authorized to submit the application, all such persons shall sign the application or a letter or document consenting to the application.

Effective on: 11/18/2013

The City Manager is authorized to and shall establish the requirements for application contents and forms, which shall be located in the Administrative Manual. The City Manager may amend and update these requirements as determined necessary.

Effective on: 11/18/2013

The City Council shall establish application fees, and may amend and update those fees as determined necessary. Fees established by the City Council shall be included in the Administrative Manual.

Effective on: 11/18/2013

The City Manager is authorized and shall establish the submission and review schedule (including time frames for review) for development applications. The City Manager may amend and update these requirements as determined necessary. The submission schedule established by the City Manager shall be included in the Administrative Manual. Failure to adhere to the time frames below shall not constitute automatic approval.

1. Staff shall review and provide written comments within 30 calendar days of receipt of a complete and accurate Site Plan application. In cases where re-review is necessary, written comments will be provided to applicants within 30 calendar days of receipt of a revised submittal.
2. Staff shall review and provide written comments within 30 calendar days of receipt of a complete and accurate Subdivision Plan or Final Plat application.
3. Staff shall review, prepare staff reports, and schedule for public hearing within 90 calendar days of receipt of a complete and accurate Map Amendment (Rezoning) application.

Effective on: 11/18/2013

1. Purpose
   The purpose of a pre-application conference is to familiarize the applicant and the City staff with the provisions of this Ordinance relevant to the proposed development, inform the applicant about the preparation of the application, and discuss the application submittal and review process.
2. Pre-Application Conference Mandatory
   Except for development applications initiated by City staff, the Planning Commission, the Zoning Commission, the Historic Resources Commission, or the City Council, a pre-application conference between the applicant and one or more members of the Technical Review Committee shall be mandatory before submission of the following types of applications:
   1. Map Amendments (Rezonings);
   2. Planned Developments;
   3. Conditional Rezonings;
   4. Major Site Plans;
   5. Subdivision Plans;
   6. Special Use Permits;
   7. Variances;
   8. Subdivision Waivers; and
   9. Major Certificate of Appropriateness.

3. Pre-Application Conference Optional
   A pre-application conference is optional before submission of any other application for development approval.

4. Sketch Required
   Applicants seeking approval of a Planned Development (Section 30-2.C.3), Conditional Rezoning (Section 30-2.C.4), Major Site Plan (Section 30-2.C.5), Subdivision Plan (Section 30-2.C.6.d), or Special Use Permit (Section 30-2.C.7) shall submit a sketch or conceptual drawings for review during the pre-application conference.
5. Effect
   The pre-application conference is intended as a means of facilitating the development application process. Discussions held in accordance with this section are not binding on the City. Processing times for review of development applications do not begin until a formal, complete application is submitted and determined to be complete (Section 30-2.B.8).

(Ord. No. S2011-013, § 5, 11-28-2011)

Effective on: 11/18/2013

1. Purpose
   The purpose of the neighborhood meeting is to inform owners and occupants of nearby lands about a proposed development and application, receive comments, address concerns about the development proposal, and resolve conflicts and outstanding issues, where possible.
2. Favored Practice
   Neighborhood meetings are encouraged as opportunities for informal communication between applicants and the owners and occupants of nearby lands, and other residents who may be affected by development proposals.
3. Applicability
   1. Neighborhood Meeting Mandatory
      A neighborhood meeting is mandatory before submission of the following types of applications:
      1. Map Amendments (Rezonings) or Conditional Rezonings proposing re-classification from a Conservation (CD) zoning district to a base or conditional Mixed Residential 5 (MR-5) or business (OI, NC, LC, CC, MU, DT, BP, LI, or HI) zoning district;
      2. Conditional Rezonings proposing reclassification of three acres of land or less from one residential or business zoning district to another more intense residential or business zoning district;
      3. Planned Developments; and
      4. Site Plans or Subdivision Plans that result in a new street connection to an existing street or street stub serving an existing single-family residential neighborhood.

   2. Neighborhood Meeting Optional
      A neighborhood meeting is optional before submission of any other application for development approval. 

4. Procedure
   If a neighborhood meeting is held by the applicant, it shall comply with the following procedures:

   1. Timing
      1. All neighborhood meetings shall be scheduled after 5:00 p.m. on a weekday.
      2. Mandatory neighborhood meetings shall be held no later than 12 days prior to a review and decision-making body's first consideration of the application.

   2. Location
      The neighborhood meeting shall be held at a place that is accessible to neighbors that reside in close proximity to the land subject to the application. As an alternative, the subject meeting may be held at City Hall or other convenient, reasonably accessible location.

   3. Notification
      1. Mailed Notice
         The applicant shall mail notice of the neighborhood meeting a minimum of ten days in advance of the meeting to:
         1. All persons to whom mailed notice of a public hearing on the application is required by Section 30-2.B.12.c.1;
         2. All landowners in an existing single-family residential neighborhood within 500 linear feet of a new street connection to an existing street or street stub proposed as part of a new Site Plan or Subdivision Plan; and
         3. The City Manager.
      2. Posted Notice
         In cases where the neighborhood meeting is required for a Site Plan or Subdivision Plan that will result in a new street connection, the applicant shall post notice of the neighborhood meeting beside each existing street or street stub connection, as appropriate, at least ten days before the date fixed for the meeting.
      3. Notice Content
         The notice shall state the time and place of the meeting and general nature of the development proposal.
      4. Notice Requirements
         Failure to provide all notices shall not invalidate the application.
   4. Conduct of Meeting
      At the neighborhood meeting, the applicant shall explain the development proposal and application, inform attendees about the application review process, answer any questions, respond to concerns neighbors have about the application, and propose ways to resolve conflicts.
   5. Staff Attendance
      City staff may attend the neighborhood meeting for the purpose of advising attendees about applicable provisions of this Ordinance, but shall not serve as facilitators or become involved in other discussions.
   6. Written Summary of Neighborhood
      Meeting Within five business days after the neighborhood meeting, the applicant shall provide the City Manager a written summary of the meeting that includes a list of meeting attendees, a summary of attendee comments, discussed issues related to the development proposal, and any other information the applicant deems appropriate. The meeting summary shall be included with the application materials and be made available to the public for inspection.
   7. Response to Summary
      Any persons attending the neighborhood meeting may submit to the City Manager a written response to the applicant's meeting summary. The response may state their understanding of attendee comments and discussed issues related to the development proposal, and any other information they deem appropriate. All written responses to the applicant's summary of the neighborhood meeting shall be included with the application materials and made available for public inspection.

(Ord. No. S2012-024, § 22, 11-13-2012)

Effective on: 11/18/2013

Applications shall be submitted to the Planning and Zoning Division in the form established by the City Manager (see Section 30-2.B.2, Application Contents), along with a fee established in accordance with Section 30-2.B.3, Fees. Applications not meeting the requirements of Section 30-2.B.8, Determination of Application Completeness, shall be considered incomplete.

Effective on: 11/18/2013

1. Completeness Review
   Upon receipt of an application, the City Manager shall determine if the application is complete. A complete application is one that:
   1. Contains all information and materials established by the City Manager as required for submittal of the particular type of application;
   2. Is in the form established by the City Manager as required for submittal of the particular type of application;
   3. Includes information in sufficient detail to evaluate the application to determine whether it complies with the appropriate substantive standards of this Ordinance; and
   4. Is accompanied by the fee established for the particular type of application. 

2. Application Incomplete

   1. If the application is determined to be incomplete, the City Manager shall notify the applicant of the deficiencies within ten business days of submittal, and the application shall not be processed. The applicant may correct the deficiencies and resubmit the application for completeness determination.
   2. If the applicant fails to resubmit an application within 45 calendar days after being first notified of deficiencies, the application shall be considered withdrawn
   3. Notwithstanding the other provisions of this subsection, after an application is determined to be incomplete three times, the applicant may request, and the City Manager shall undertake, processing and review of the application even though it is not considered a complete application.
3. Application Complete
   If the application is determined to be complete, or the applicant has requested that the application be processed in accordance with Section 30-2.B.8.b.3 above, the City Manager shall refer the application to the appropriate staff, review agencies, and review bodies for review in accordance with the procedures and standards of this Ordinance. The time frame and cycle for review of the application shall be based on the date the application is determined to be complete or the date it is requested to be processed in accordance with Section 30-2.B.8.b.3.

Effective on: 11/18/2013

If an application is subject to review and decision by the Technical Review Committee or City Manager (see Table 30-2.A.2., Development Review Structure), it shall be reviewed and decided in accordance with the following procedures:

1. Review
   The Technical Review Committee or City Manager, as appropriate, shall review the application, relevant support material, and any comments from other staff and review agencies, and approve the application, approve the application with conditions, or deny the application, based on the appropriate review standards for the particular permit or approval.
2. Staff Report
   Preparation of a staff report is optional, at the discretion of the Technical Review Committee or City Manager, as appropriate. If a staff report is determined to be necessary, it shall be prepared in accordance with Section 30-2.B.10, Preparation of Staff Report.
3. Development Approvals and Other Administrative Decisions
   1. Development approvals must be in writing and may contain a provision that the development shall comply with all applicable State and local laws. Development approvals issued exclusively in electronic form shall be protected from further editing once issued.
   2. All rights, privileges, benefits, burdens, and obligations created by development approvals attach to and run with the land.
   3. Notice of Determination. Written notice of development approvals and other administrative decisions shall be delivered to the owner of the subject property and to the applicant who sought the decision, if different from the owner. The notice shall be delivered by personal delivery, electronic mail, or by first-class mail. The notice shall be delivered to the last address listed for the owner of the subject property on the county tax abstract and to the address provided in the application or request for a decision if the applicant is different from the owner.
      1. Constructive Notice. The property owner or applicant, if different, may post a sign providing notice that a decision has been made on the subject property. It shall be conclusively presumed that all persons with standing to appeal have constructive notice of the decision from the date the sign is posted on the property provided:
         1. The placement of the sign is prominent on the property;
         2. The sign remains on the property for at least 10 days;
         3. The sign contains the words "Zoning Decision" or "Subdivision Decision" or similar language for other determinations in letters at least 6 inches high;
         4. The sign identifies the means to contact a staff member for information about the decision; and
         5. Verification of the posting is provided to the staff member responsible for the decision.

   4. Revocation of Development Approvals. In addition to initiation of enforcement actions under this Ordinance and North Carolina Gen. Stats. 160D-404, development approvals may be revoked by notifying the holder in writing stating the reason for the revocation, subject to the following:

      1. Procedure. The City shall follow the same review and approval process required for issuance of the development approval, including any required notice or hearing, for any revocation of that approval.

      2. Grounds. Development approvals shall be revoked for any substantial departure from the approved application, plans, or specifications; for refusal or failure to comply with the requirements of any applicable regulation under this Ordinance or any State law delegated to the City for enforcement purposes; or for false statements or misrepresentations made in securing the approval. Any development approval mistakenly issued in violation of an applicable State or local law may also be revoked.

      3. Appeals. The revocation of a development approval by a staff member may be appealed pursuant to North Carolina Gen. Stats. 160D-405 and the sections of this Ordinance applicable to quasi-judicial procedures, including, without limitation, Section 30-2.B.12., Public Notification; Section 30-2.B.14., Evidentiary Hearings; and Section 30-2.C.18., Appeal.

   5. Changes. After a development approval has been issued, no changes or deviations from the terms of the application or the development approval shall be made until written approval of the proposed changes or deviations has been obtained. Except for minor modifications as provided in Section 30-2.C.16., Administrative Adjustment, all changes or deviations are subject to the same review and approval process required for issuance of the initial development approval.

(Ord. No. S2021-012, § 2, 05/10/2021)

Effective on: 11/18/2013

1. Staff Report
   Required If the application is subject to staff review and a subsequent public hearing or consideration by a review board (see Table 30-2.A.2,, Development Review Structure), the Technical Review Committee or City Manager, as appropriate, shall review the application, relevant support material, and any comments from other staff and review agencies, and prepare a written staff report.
2. Staff Report Content
   The staff report shall be addressed to the review board or decision-making board, as appropriate, and shall state whether the application complies with all appropriate standards of this Ordinance. The staff report shall include a recommendation, and may identify ways in which areas of noncompliance might be eliminated and adverse effects of the development proposal might be mitigated.
3. Staff Report Transmittal
   The staff report shall be transmitted to the applicant and made available to the review board or decision-making board and to the public a reasonable period of time before the first scheduled review board meeting or public hearing on the application.

(Ord. No. S2021-023, § 1, 05/10/2021)

Effective on: 11/18/2013

1. Application to be Scheduled for Hearing
   When an application is subject to a public hearing (see Table 30-2.B.11, Required Public Hearings), the City Manager shall ensure that the public hearing on the application is scheduled for either:
   1. A regularly scheduled meeting of the board reviewing the application; or
   2. A meeting specially called for that purpose by the board reviewing the application.
2. Timing
   The public hearing on the application shall be scheduled so there is sufficient time for preparation of a staff report and satisfaction of the public notification requirements in this Ordinance and the North Carolina General Statutes.
3. Public Hearings
   Table 30-2.B.11, Required Public Hearings, depicts the review boards and decision-making boards responsible for conducting public hearings on development applications, and where public hearings are required, the type of hearing, which may be either a legislative hearing or an evidentiary hearing.

Effective on: 12/14/2015

1. Content

   All notices of public hearings required under this Ordinance shall comply with the North Carolina General Statutes, including, without limitation, §§ 160D-406, 160D-601, and 160D-602. Unless otherwise specified in this ordinance, the contents of all such notices shall:

   1. Identify the date, time, and place of the public hearing;

   2. Describe the land involved by street address or by its relationship to a fronting street and the nearest cross street (if applicable), and its size (except posted notice);

   3. Describe the nature and scope of the proposed development or action;

   4. Indicate that interested parties may appear at the public hearing and speak and submit evidence and written comments on the matter;

   5. Indicate where additional information on the matter may be obtained; and

   6. Indicate where written comments or evidence on the application may be submitted before the public hearing.

2. Published Notice

   When the provisions of this Ordinance require that notice of a public hearing be published, the City Manager shall publish a notice of the hearing once a week for two successive calendar weeks in a newspaper having general circulation in the City in accordance with the North Carolina General Statutes, including without limitation §§ 160D-601 and 160D-602. The notice shall be published , the first time not less than 10 days nor more than 25 days before the date fixed for the hearing. In computing such period, the day of the published notice shall not be included, but the day of the hearing shall be included.

3. Mailed Notice

   1. Recipients 

      1. When the provisions of this Ordinance require that a mailed notice of a public hearing be provided, the City Manager shall prepare a notice of the public hearing and deliver the notice via first class mail to the following persons:

         1. The applicant;

         2. All owners of land required to receive notice by the North Carolina General Statutes, including without limitation §§ 160D-406 and 160D-602; and

         3. Organizations and persons that have registered to receive notice in accordance with Section 30-2.B.12.f, Registration to Receive Notice by Mail.

      2. When a Site Plan or Subdivision Plan approved by the Technical Review Committee will result in a new street connection to an existing street or street stub in an existing single-family neighborhood (see Section 30-5.F.4.G, External Street Connectivity), the City Manager shall prepare a notice of the street connection and deliver the notice via first class mail to all landowners in the single­ family neighborhood within 500 linear feet of the street connection.

      3. The City may provide expanded notice in some cases, but failure to provide expanded notice shall not invalidate the proceedings or invalidate the notice, provided it was prepared and delivered in accordance with the North Carolina General Statutes.

      4. For land use cases within five miles of the perimeter of Fort Bragg, the City Manager shall provide written notice of the public hearing by certified mail, return receipt requested, to the Commander of Fort Bragg not less than 10 days nor more than 25 days before the date fixed for the hearing. If the Conunander provides comments or analysis regarding the compatibility of the proposed development regulation or amendment with military operations at the base, the review board shall take the comments and analysis into consideration before making a final determination on the ordinance.

      5. In addition to notice of items requiring a public hearing, the City Manager shall also provide written notice to the Commander, as specified above, within a reasonable time upon approval of new major subdivision preliminary plats or of an increase in the size of an approved subdivision by more than 50 percent of its land area, when the affected land is within five miles of the perimeter of Fort Bragg.

   2. Additional Requirements

      1. Mailed notice shall be postmarked no less than 10 clays nor more than 25 days before the date fixed for the public hearing. In computing such period, the day of posting shall not be counted, but the day of the hearing shall be counted.

      2. The City Manager shall prepare an affidavit affirming that notice meeting the content requirements of this subsection was mailed. The affidavit shall be conclusive that notice has been given in accordance with the terms of this subsection.

      3. Applications for a Map Amendment (Rezoning) are subject to additional notice procedures under North Carolina General Statute § 160D-602 as follows:

         1. The owners of affected parcels of land and the owners of all parcels of land abutting that parcel of land shall be mailed a notice of the hearing on a proposed zoning map amendment by first-class mail at the last addresses listed for such owners on the county tax abstracts. For the purpose of this section, properties are "abutting" even if separated by a street, railroad, or other transportation corridor. This notice must be deposited in the mail at least 10 but not more than 25 clays prior to the date of the hearing.

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

         3. Mailed notice shall not be required when an application for a Map Amendment (Rezoning) includes more than 50 lots or tracts, owned by at least 50 different landowners, provided the City publishes a map (occupying at least one-half of a newspaper page) showing the boundaries of the affected area in a newspaper of general circulation once a week for two successive calendar weeks, with the first notice published not less than 10 days nor more than 25 days before the date fixed for the public hearing (in accordance with the North Carolina General Statutes). Affected land owners residing outside the newspaper circulation area, according to the address listed on the most recent property tax listing for the affected property, shall be notified via first class mail pursuant to Section 30-2.B.12.c.1 above and North Carolina General Statute 160D-602(b).

      4. Posted Notice

         1. When the provisions of this Ordinance require that notice of a public hearing be posted, the City Manager shall post notice on the subject property(ies) at least 10 days, but not more than 25 days, before the date fixed for the hearing. In computing such period, the day of posting shall not be counted, but the day of the hearing shall be counted. The posted notice shall remain in place until after a final decision is rendered on the application.

         2. Notices shall be posted on signs in a form established by the City Manager.

         3. The posted notice shall be located adjacent to each public street right-of-way bordering the subject property(ies). If no part of the subject property(ies) is visible from the public right-of-way, the notice shall be posted in the public right-of-way of the nearest street in such a maimer as to ensure consistency with the intent of this subsection. When multiple parcels are included within a proposed zoning map amendment, a posting on each individual parcel is not required but the City Manager shall post sufficient notices to provide reasonable notice to interested persons.

         4. When a Site Plan or Subdivision Plan will result in a new street connection to an existing street or street stub in an existing single­ family neighborhood (see Section 30-5.F.4.G, External Street Connectivity), posted notice shall be located beside the existing street or street stub where a new street connection is proposed.

         5. The City Manager shall prepare an affidavit affirming that notice meeting the requirements of this subsection was posted. The affidavit shall be conclusive that posted notice has been given in accordance with the terms of this subsection.

      5. Constructive Notice

         1. Minor defects in any notice shall not impair the notice or invalidate proceed ings pursuant to the notice if a bona fide attempt is made to comply with applicable notice requirements. Minor defects in notice may include, but are not limited to:

            1. Errors in a legal description; or

            2. Typographical or grammatical errors that do not impede communication of the notice to affected parties.

         2. Failure of a party to receive written notice shall not invalidate subsequent action. In all cases, however, the requirements for the timing of the notice and for specifying the time, date, and place of a public hearing and the location of the subject property(ies) shall be strictly adhered to.

         3. If questions arise at the hearing regarding the adequacy of notice, the board conducting the hearing shall direct the City Manager to make a formal finding as to whether there is substantial compliance with the notice requirements of this Ordinance, and such findings shall be made available to the decision-making board before final action on the request.

      6. Registration to Receive Notice by Mail
         Any person, neighborhood organization, or other organization in the City may register with the City Manager biennially to receive written notice of all development applications in accordance with Section 30-2.B.12.c, Mailed Notice. To be eligible for registration, the person or organization shall provide the City Manager information in a form established by the City Manager, along with a fee to defray registration and mailing costs. To continue to receive such notice, a person or organization shall re-register every two years.

      7. Public Hearing Notice Requirements
         Table 30-2.B.12.G, Public Hearing Notice Requirements, summarizes the different notice requirements for all development application types involving a public hearing. The review and decision-making boards that have specific review roles under this Ordinance, and their responsibilities.

(Ord. No. S2011-013, §§ 1.7, 4.1, 4.2, 11-28-2011; Ord. No. S2014-004, § 6a, 1-13-2014; Ord. No. S2021-014, § 1, 05/10/2021; Ord. No. S2021-023, § 1, 05/10/2021; Ord. No. S2021-014, § 1, 05/10/2021; Ord. No. S2021-023, § 1, 05/10/2021)

Effective on: 11/18/2013

All public hearings on development applications designated in Table 30-2.B.11, Required Public Hearings as legislative hearings (L) shall comply with the procedures set forth in this subsection.

1. Burden of Proof
   The burden of demonstrating that an application complies with applicable review and approval standards is on the applicant. The burden is not on the City or other parties to show that the standards are not met by the applicant.
2. Conduct of the Hearing
   1. Rights of All Persons
      Any person may appear at the hearing and submit documents, materials, and other written or oral testimony, either individually or as a representative of an organization. Persons speaking at the hearing shall identify themselves, state their home or business address, and if appearing on behalf of a person or organization, state the name and mailing address of the person or organization they represent.
   2. Presentation of Testimony and Submission of Documents and Materials
      Except in cases involving evidentiary hearings, the board conducting the hearing may place reasonable time restrictions on the presentation of testimony and the submission of documents and other materials.
   3. Continuance of Hearing
      The board conducting the legislative hearing may, on its own motion or at the request of any person, continue the legislative hearing to a fixed date, time, and place.
3. Order of Proceedings
   The order of proceedings at the hearing shall be as follows:

   1. Presentation of Staff Report
      The City Manager shall provide a brief introductory narrative and/or graphic description of the application and present the staff report and any review board findings and recommendations.

   2. Applicant Presentation
      The applicant shall present any information the applicant deems appropriate.

   3. Public Comment
      Public comments shall be heard. Any person other than the applicant or the applicant's representatives may be permitted to speak in accordance with the review or decision-making body's rules of procedure, or at their discretion, as appropriate, in support of or in opposition to the application. At the discretion of the chairperson of the board, such person may be granted additional time to speak, when it is justified.

   4. Applicant Response to Comments
      The applicant may respond to any comments, documents, or materials presented by the City Manager or the public.

   5. City Manager Response to Comments
      The City Manager may respond to any comments, documents, or materials presented by the applicant or the public.

   6. Close of Hearing
      The chairperson of the board shall close the hearing.

4. Record of Public Hearing
   1. The board conducting the hearing shall record the proceedings by any appropriate means, and the record shall consist of:

      1. The application under consideration;

      2. The staff report;

      3. All other written City staff materials prepared on the application;

      4. All other written materials related to the application provided by the public;

      5.  Review board recommendations, where relevant, and the record from the review board proceedings on the application;

      6. This Ordinance and any relevant adopted plans;

      7. All documents entered into the record at the hearing; and

      8. The recorded testimony.

   2. If a sound recording is made, any person shall be entitled to listen to the recording at a reasonable time, or make copies at that person's own expense, at the offices of the City Clerk (for hearings conducted by the City Council) or at the Planning and Zoning Division (for hearings conducted by other review boards).

(Ord. No. S2021-022, § 1, 05/10/2021; Ord. No. S2021-023, §§ 1, 2, 05/10/2021)

Effective on: 11/18/2013

All public hearings on development applications designated in Table 30-2.B.11, Required Public Hearings as evidentiary hearings (E), shall comply with the procedures set forth in this subsection as authorized and required by North Carolina Gen. Stat. § 160D-406. Boards shall follow evidentiary hearing procedures when determining any quasi-judicial decision.

1. Burden of Proof
   The burden of demonstrating that an application complies with applicable review and approval standards of this Ordinance is on the applicant, which shall be demonstrated by competent, material, and substantial evidence. The burden of demonstrating that an application should be denied for failing to comply with applicable review and approval standards of this Ordinance is on the parties urging denial of the application, which shall be demonstrated by competent, material, and substantial evidence.
2. Conduct of Hearing
   1. Rights of All Persons
      The applicant, the City, and any person who would have standing to appeal the decision under North Carolina Gen. Stats. 160D-1402(c) shall have the right to participate as a party at the evidentiary hearing. Any person may appear at the hearing, either individually or as a representative of another person or an organization, and present competent, material, and substantial evidence (including, documents, materials, and other written or oral testimony),that is not repetitive as allowed by the board. Persons speaking at the hearing shall identify themselves, state their home or business address, and if appearing on behalf of a person or organization, state the name and mailing address of the person or organization they represent.
   2. Opportunity to Present Testimony and Evidence
      1. Presentation of Evidence. The applicant, the City, and any person who would have standing to appeal the decision under North Carolina G.S. 160D-1402(c) shall have the right to participate as an affected party at the evidentiary hearing. Any affected party shall be afforded a reasonable opportunity to present testimony and evidence in support of or in opposition to the application, and to ask questions of the applicant and the applicant's representatives and City staff and City staff's representatives. At the discretion of the chairperson of the board, an affected party may be granted an opportunity to ask questions of any other member of the public who has testified at the hearing. Other witnesses may present competent, material, and substantial evidence that is not repetitive as allowed by the board; provided, however, that opinion testimony from a lay witness shall not be considered competent evidence for technical matters, including but not limited to, property value and traffic impacts.
      2. Objections. Objections regarding jurisdictional and evidentiary issues, including, but not limited to, the timeliness of an appeal or the standing of a party, may be made to the board. The chairperson of the board shall rule on any objections, and the chairperson's rulings may be appealed to the full board. These rulings are also subject to judicial review pursuant to North Carolina Gen. Stats. 160D-1402. Objections based on jurisdictional issues may be raised for the first time on judicial review.
      3. Appearance of Official New Issues. The official who made the decision or the person currently occupying that position, if the decision maker is no longer employed by the City, shall be present at the evidentiary hearing as a witness. The appellant shall not be limited at the hearing to matters stated in a notice of appeal. If any party or the City would be unduly prejudiced by the presentation of matters not presented in the notice of appeal, the board shall continue the hearing.
      4. Subpoenas. The chairperson of the decision-making board, or, in the chair's absence, anyone acting as chair, may subpoena witnesses and compel the production of evidence. To request issuance of a subpoena, the applicant, the City, and any person with standing under North Carolina Gen. Stats. 160D-1402(c) may make a written request to the chair explaining why it is necessary for certain witnesses or evidence to be compelled. The chair shall issue requested subpoenas he or she determines to be relevant, reasonable in nature and scope, and not oppressive. The chair shall rule on any motion to quash or modify a subpoena. Decisions regarding subpoenas made by the chair may be immediately appealed to the full board. If a person fails or refuses to obey a subpoena issued pursuant to this subsection, the board or the party seeking the subpoena may apply to the General Court of Justice for an order requiring that its subpoena be obeyed, and the court shall have jurisdiction to issue these orders after notice to all proper parties.
   3. Not Bound by Rules of Evidence
      Subject to Chapter 160D of the North Carolina General Statues, the board conducting an evidentiary hearing is·not bound by the rules of evidence, or limited to consideration of evidence that is admissible in a court oflaw. The board may consider all testimony and evidence that is substantial, competent, and material to the application under consideration.
   4. Presentation of Testimony and Submission of Documents and Administrative Materials
      1. The board conducting the hearing may exclude testimony or evidence that is determined irrelevant, immaterial, incompetent, unreliable, or unduly repetitious.
      2. Administrative Materials. The administrator or staff to the board shall transmit to the board all applications, reports, and written materials relevant to the matter being considered. The administrative materials may be distributed to the members of the board prior to the hearing if at the same time they are distributed to the board, a copy is also provided to the appellant or applicant and to the landowner, if that person is not the appellant or applicant. The administrative materials shall become a part of the hearing record. The administrative materials may be provided in written or electronic form. Objections to inclusion or exclusion of administrative materials may be made before or during the hearing. Rulings on unresolved objections shall be made by the board at the hearing.
   5. Public Comment
      Any person other than the applicant or an affected party may be permitted to speak in support of or in opposition to the application. The applicant, affected parties, and their witnesses or representatives shall not be permitted to speak during the public comment portion of the hearing.
   6. Cross Examination
      Any inquiry under cross-examination shall be limited to matters raised in the direct examination of the witness. No re-direct or re-cross shall be allowed unless requested by the applicant, an affected party, or the City-who shall state the desired area of inquiry-and the request is approved by the chairperson of the board. If re-direct or re-cross is allowed, it shall be limited to questions of the witness on issues raised in the cross-examination.
   7. Continuance of Hearing
      The board may, on its own motion or at the request of any person, continue the public hearing to a fixed date, time, and place.
      1. The board may continue an evidentiary hearing that has been convened without further notification. If an evidentiary hearing is set for a given date and a quorum of the board is not then present, the hearing shall be continued until the next regular board meeting without further notification.
   8. Appeals in Nature of Certiorari.
      When hearing an appeal pursuant to North Carolina Gen. Stats. 160D-947(e) or any other appeal in the nature of certiorari, the hearing shall be based on the record below, and the scope of review shall be as provided in North Carolina Gen. Stats. 160D-1402(j).
3. Order of Proceedings
   The order of the evidentiary hearing shall be as follows:
   1. Swearing In
      The chairperson of the board shall swear in or affirm all persons who will testify at the hearing. Any person who, while under oath during a proceeding before the board determining a quasi-judicial matter, willfully swears falsely is guilty of a Class 1 misdemeanor under the laws of the State of North Carolina.
   2. Ex Parte Disclosure
      Ex parte communication is not allowed but if it occurs, members of the board shall disclose all ex parte communications.
   3. Presentation of Staff Report
      The City Manager shall provide a brief introductory narrative and/or graphic description of the application and present the staff report. Cross-examination by member s of the board_shall be allowed after each witness. Cross-examination by the applicant and the affected parties is also allowed.
   4. Applicant Presentation
      The applicant shall present any testimony and evidence the applicant deems appropriate, including testimony of witnesses and expert witnesses. Further examination by members of the board shall be allowed after each witness. Cross-examination by the City and affected the parties is also allowed.
   5. Affected Parties' Presentations
      Parties affected by the proposed development may present any testimony and evidence they deem appropriate, including testimony of witnesses and expert witnesses. Further examination by members of the board shall be allowed after each witness. Cross-examination by the applicant and the City is also allowed.
   6. Public Comment and Testimony
      First those in support of the application and then those in opposition to the application are allowed to speak and enter testimony and evidence into the record.
   7. Rebuttal
      1. Affected parties' rebuttal , if appropriate.
      2. Applicant' s rebuttal, if requested.
      3. City Manager and City staff rebuttal, if requested.
   8. Conclusion
      1. Affected parties' conclusions, if any.
      2. Applicant conclusion.
      3. City Manager and City staff conclusion.
   9. Close of Hearing
      After receiving all testimony and evidence in accordance with this section, the chairperson of the board shall close the hearing. No additional testimony, evidence, or public comments will be heard or considered after the close of the public hearing.
4. Establishment and Maintenance of Record
   1. The board shall record the proceedings by any appropriate means, and the record shall consist of:
      1. The application under consideration;
      2. The staff report;
      3. All other written City staff materials prepared on the application;
      4. All other written materials related to the application that are provided to the City Manager by affected parties or the public;
      5. This Ordinance and any relevant adopted plans;
      6. All written communications about the application received by members of the board conducting the hearing and City staff;
      7. All documents entered into the record at the hearing; and
      8. The testimony and other statements and opinions offered at the public hearing.
   2. If a sound recording is made, any person shall be entitled to listen to the recording at a reasonable time, or make copies at that person's own expense, at the offices of the City Clerk (for hearings conducted by the City Council) or the Planning and Zoning Division (for hearings conducted by other review bodies).
5. Multiple Hearings
   In cases where a particular application requires quasi-judicial review and is subject to more than one hearing, only the hearing conducted by decision-making board responsible for making the final decision shall be conducted as an evidentiary hearing. All other hearings shall be conducted as legislative hearings.

(Ord. No. S2021-022, § 2, 05/10/2021; Ord. No. S2021-023, § 2, 05/10/2021; Ord. No. S2022-029, § 1, 09/26/2022)

Effective on: 11/18/2013

1. Legislative Hearing
   1. After the close of the legislative hearing, the decision-making board shall consider the application, relevant support materials, the staff report, all review board reconunendations (if relevant), and the public testimony and other information given at the legislative hearing, and make a decision on the application based on the . relevant review standards. The decision-making board shall take action as promptly as possible in consideration of the interests of the applicant and citizens of the City.
   2. Unless stated otherwise in this Ordinance, the form of the decision shall include at least the following elements:
      1. A statement of a decision of approval, approval with conditions, or denial (whichever is appropriate); and
      2. A clear statement of the factors considered in the decision and the bases for the decision and any conditions of approval.
2. Evidentiary Hearing
   1. After the close of the evidentiary hearing, the decision-making board shall consider the application, relevant support materials, the staff report, and the public testimony and other evidence given at the hearing and entered into the record, determine contested facts, and make a decision on the application based on the relevant review standards. Every quasi-judicial decision shall be based upon competent, material, and substantial evidence in the record. The decision-making board shall take action as promptly as possible in consideration of the interests of the applicant, affected parties, and citizens of the City. When hearing an appeal, the board may reverse or affirm, wholly or partly, or may modify the decision appealed from and shall make any order, requirement, decision, or determination that ought to be made. The board shall have all the powers of the official who made the decision.
   2. Voting. The concurring vote of four-fifths of the board shall be necessary to grant a variance. A majority of the members shall be required to decide any other quasi-judicial matter or to determine an appeal made in the nature of certiorari. For the purposes of this subsection, vacant positions on the board and members who are disqualified from voting on a quasi-judicial matter under North Carolina Gen. Stats. 160D-109(d) shall not be considered members of the board for calculation of the requisite majority if there are no qualified alternates available to take the place of such members.
   3. Each quasi-judicial decision shall be reduced to writing and be approved by the board and signed by the chair or other duly authorized member of the board. The decision shall include at least the following elements:
      1. A description or summary of material and substantial factual evidence presented at the public hearing.
      2. Findings of fact based on evidence presented, including the decision-making board's determination of contested facts and their application to the applicable standards.
      3. Statements concluding whether the application does or does not comply with applicable review standards.
      4. The decision.
      5. Any conditions of approval (if appropriate).
      6. Reasons for the decision, including the link between the decision, the required conclusions, the findings of fact, and presented evidence.
   4. A quasi-judicial decision is effective upon filing the written decision with the clerk to the board. The decision of the board shall be delivered within a reasonable time by personal delivery, electronic mail, or first­ class mail to the applicant, landowner, and any person who has submitted a written request for a copy prior to the date the decision becomes effective. The person required to provide notice shall certify to the City that proper notice has been made, and the certificate shall be deemed conclusive in the absence of fraud.
   5. Judicial Review. Every quasi-judicial decision shall be §subject to review by the superior court by proceedings in the nature of certiorari pursuant to G.S. 160D-1402. Appeals shall be filed within the times specified in G.S. 160D-1405(d).

(Ord. No. S2021-022, § 3, 05/10/2021; Ord. No. S2021-023, § 2, 05/10/2021 )

Effective on: 11/18/2013

1. General
   Where the express terms of this Ordinance authorize a decision-making board to approve a development application with conditions, such board may impose reasonable and appropriate conditions or restrictions on the approval. The conditions may, as appropriate, ensure compliance with particular standards of this Ordinance, prevent or minimize adverse effects from the proposed development on surrounding lands, or ensure conformance to the goals, objectives, policies, strategies, and actions included in adopted plans addressing the City's growth and development.
2. Limitations
   The restrictions and conditions imposed must be related in both type and amount to the impact that the proposed development would have on the public and surrounding development. All conditions imposed shall be expressly set forth in the permit approval.§

(Ord. No. S2021-023, § 1, 05/10/2021)

Effective on: 11/18/2013

Within a reasonable period of time after a decision on an application, the City Manager shall notify the landowner and applicant, if different, of the decision in writing by personal delivery, electronic mail, or first-class mail, and make a copy of the decision available to the public in the offices of the Planning and Zoning Division, during normal business hours. Specific notification procedures or timetables may be noted in Section 30-2.B.9.c., Development Approvals and Other Administrative Decisions, and under Section 30-2.C. within the subsections applicable to each type of application.

(Ord. No. 2014-004, § 3a, 1-13-2014; Ord. No. S2021-012, § 4, 05/10/2021)

Effective on: 11/18/2013

1. Any appeal from a final decision by the City Council, Planning Commission, or Zoning Commission shall be to the Superior Court of Cumberland County, and shall be filed with the Clerk of Court no later than 30 days after the date the decision is filed with the City Clerk.
2. Appeals from final decisions by other decision-making bodies shall be as specified for the particular application type in Section 30-2.C, Standards and Requirements for Development Applications.

(Ord. No. S2011-014, § 9, 11-28-2011; Ord. No. S2014-004, § 3a, 1-13-2014; Ord. No. S2015-018, § 6, 12-14-2015; Ord. No. S2021-023, § 2, 05/10/2021)

Effective on: 12/14/2015

1. Request Before Public Hearing Notice
   An applicant may request that a review board's consideration of an application at public hearing be deferred by submitting a written request for deferral to the City Manager before the public hearing notice is published or mailed (see Section 30-2.B.12, Public Notification). The City Manager may grant such requests for good cause. The date of the public hearing at which the application will be heard shall be set at the time the deferral is granted.
2. Request after Public Hearing Notice
   If a request for deferral of a review board's consideration of an application is submitted after the public hearing notice is published or mailed (see Section 30-2.B.12, Public Notification), the request for deferral shall be submitted to the City Manager, and shall be placed on the public hearing agenda and acted upon by the board conducting the hearing. The decision-making board may grant such requests for good cause, or if finding no good cause for deferral, may proceed to hold the hearing. The date of the public hearing at which the deferred application will be heard shall be set at the time the deferral is granted. If a deferral is granted, the application may be subject to additional application fees to defray the additional costs of processing the application.

(Ord. No. S2021-023, § 1, 05/10/2021)

Effective on: 11/18/2013

After notice of public hearing has occurred, changes to an application (including changes to an application at the public hearing) other than those made solely to satisfy staff or review board recommendations or conditions shall be governed by the provisions of this section.

1. Major Changes
   No substantive changes may be made in major elements of the development proposal relating to uses, densities, intensities, and/or access without referral of the application, as amended, back to the City Manager for staff review in accordance with Section 30-2.B.10, Preparation of Staff Report, and to any review boards for review, as is required for the original review of the application.
2. Clerical Errors
   Minor additions, deletions, or corrections responding to clerical errors in an application may be made without referral of the application back to the City Manager and review boards.
3. Conditions of Approval
   Proposed changes in conditions of approval may be considered without referral of the application back to the City Manager or review boards provided the decision-making board determines that the changes do not constitute a major substantive change in the development proposal.

(Ord. No. S2021-023, § 1, 05/10/2021)

Effective on: 11/18/2013

1. Submission of Request
   Any request for withdrawal of an application subject to a public hearing shall be submitted in writing to the City Manager, or shall be made through a verbal request at a public hearing.
2. Request before Public Hearing Notice
   The City Manager shall approve a request for withdrawal of an application if it is submitted before the public hearing notice is published or mailed (see Section 30-2.B.12, Public Notification).
3. Request after Public Hearing Notice
   1. If the request for withdrawal of an application is submitted after the public hearing notice is published or mailed (see Section 30-2.B.12, Public Notification), the request for withdrawal shall be placed on the public hearing agenda and acted upon by the review board conducting the hearing.
   2. Whenever an application subject to a requirement for a public hearing before the City Council is withdrawn after the public hearing notice is published or mailed, but before a decision by the City Council, no similar application may be submitted for the same lands for a period of 90 days following the withdrawal.
4. Fees
   Fees shall be refunded for withdrawn applications provided the request for withdrawal is filed with the City Manager prior to any required public notification.§

(Ord. No. S2021-023, § 1, 05/10/2021)

Effective on: 11/18/2013

30-2.B.22. Waiver of Time Limit

1. Legislative Decisions
   Whenever any application for a development permit or approval requiring a public hearing is denied, a similar application for all or part of the same land shall not be considered for a period of one year after the date of denial unless a Waiver of Time Limit is subsequently approved by the decision-making board in accordance with the requirements of this section. Only one Waiver of Time Limit may be submitted by the applicant during the one-year period.
2. Waiver of Time Limit Limit for Reconsideration of Legislative Decisions
   1. Initiation
      A request for Waiver of Time Limit may be initiated only by the owner of land or the owner's authorized agent, by submitting a request for Waiver of Time Limit to the City Manager, along with a fee to defray the cost of processing the request.
   2. Action
      At the meeting for which the Waiver of Time Limit is scheduled, the decision-making board shall consider the request, other relevant support materials, statements made by the applicant or the applicant's representative, and the public, and approve or deny the request based on the standards in Section 30-2.B.22.b.3, Waiver of Time Limit Standards.
   3. Waiver of Time Limit Standards
      A Waiver of Time Limit shall be approved only upon a finding by a two-thirds majority or more of the membership of the decision-making board that substantial evidence is presented that demonstrates:
      1. Substantial Change in Circumstances
         There is a substantial change in circumstances relevant to the issues and/or facts considered during review of the application that might reasonably affect the decision-making board's application of the relevant review standards to the development proposed in the application; or
      2. New or Additional Information
         New or additional information is available that was not available at the time of review that might reasonably affect the decision-making board's application of the relevant review standards to the development proposed in the application; or
      3. New Application Materially Different
         A new application is proposed to be submitted that is materially different from the prior application; or
      4. Material Mistake of Fact
         The final decision on the application was based on a material mistake of fact.
3. Quasi-Judicial Decisions
   When a board has rendered a decision on any application for a development permit or approval requiring an evidentiary hearing, that application shall not be reconsidered by any board, except upon determination of a material change in conditions or ordinance standards, such that the application can no longer be characterized as the same claim.
   1. The determination of whether there has been a material change shall be made by the decision-making board responsible for rendering the quasi-judicial decision at issue, pursuant to the applicable seclion(s) of Section 30-2.B, Common Review Procedures. The applicant shall submit evidence to demonstrate that there has been a material change. The board shall consider, among other factors in its discretion, whether the change materially affects the reasons that supported the original decision such that the application can no longer be characterized as the same claim. In making that determination, the board may consider the factors listed above in paragraph (3)(a)-(d).
   2. The decision-making board shall follow the applciable standards and requirements for quasi-judicial decisions and public notification pursuant to Section 30-2.B.12, Public Notification, Section 30-2.B.14, Evidentiary Hearing Procedures (Quasi-Judicial Decisions), and Section 30-2.B.15, Evidentiary Hearing.
   3. If there has been a determination for a material change in accordance with this section, the applicant may resubmit or submit an amended application which shall be reviewed under the applicable standards and requirements for the application at issue.
   4. Appeals of determinations of whether there has been a material change shall be made to the Superior Court of Cumberland County.

(Ord. No. S2021-023, § 1, 05/10/2021; Ord. No. S2021-027, §§ 1-4, 06/28/2021)

Effective on: 11/18/2013

At any time upon reasonable request and during normal business hours, any person may examine an application, a finalized staff report, and materials submitted in support of or in opposition to an application in the Planning and Zoning Division. Copies of such materials shall be made available at a reasonable cost.

Effective on: 11/18/2013

Whenever two or more applications for a development permit or approval are required under this Ordinance, the applications may, at the discretion of the City Manager, be processed simultaneously, so long as all applicable State and local requirements are satisfied.

Effective on: 11/18/2013

1. a.
   Purpose
   The purpose of this section is to provide a uniform means for amending the Official Zoning Map.1
2. b.
   Authority
   The City Council may adopt an ordinance amending the Official Zoning Map upon compliance with the provisions of this section.
3. c.
   Initiation

   1. 1.
      Except as provided in paragraph 2 below, an application for a Map Amendment (Rezoning) may be initiated by the City Council, Zoning Commission, Planning Commission, Historic Resources Commission, City Manager, or a person who may submit applications in accordance with Section 30-2.B.1, Authority to File Applications.
   2. 2.
      Third-Party Down-Zonings Prohibited. Pursuant to North Carolina Gen. Stats. 160D-601(d), no amendment to zoning regulations or a zoning map that down-zones property shall be initiated nor is it 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 City. For purposes of this section, "down-zoning" means a zoning ordinance that affects an area of land in one of the following ways:

      1. a.
         By decreasing the development density of the land to be less dense than was allowed under its previous usage.
      2. b.
         By reducing the permitted uses of the land that are specified in a zoning ordinance or land development regulation to fewer uses than were allowed under its previous usage
4. d.
   Conditional Rezoning Distinguished

   1. 1.
      Applications for a Map Amendment (Rezoning) that are accompanied by applicant-sponsored conditions or limitations shall be considered as applications for Conditional Rezoning, and shall be reviewed in accordance with Section 30-2.C.4, Conditional Rezoning.
   2. 2.

      In no event shall a Map Amendment (Rezoning) application be converted into an application for a Conditional Rezoning, nor shall an application for a Conditional Rezoning be converted into an application for a Map Amendment (Rezoning). Such conversions shall require withdrawal and re-submittal of a new application.

5. e.

   Procedure

   1. 1.

      Basic Procedures
      Except as modified by Sections 30-2.C.1.e.2-7 below, procedures and requirements for the submission, completeness determination, review, recommendation, hearing, and decision on applications are as established in Section 30-2.B, Common Review Procedures.

   2. 2.

      Review and Recommendation by Historic Resources Commission

      1. a.

         If the application proposes the establishment or alteration of a Historic/Landmark Overlay District, the Historic Resources Commission shall assure that an investigative report describing the significance of the buildings, structures, features, sites or surroundings and a description of the proposed boundaries has been prepared.

      2. b.

         Following staff review of the materials and report to the Commission, the Historic Resources Commission shall meet to consider the application, relevant support materials, the staff report, and any comments given by the public. The Historic Resources Commission, by a majority vote of a quorum present, shall recommend one of the following actions, based on the standards in Section 30-2.C.1.g. Map Amendment (Rezoning) Standards:

         1. 1.

            Approval of the application as submitted;

         2. 2.

            Approval of the application with a reduction in the area proposed to be rezoned;

         3. 3.

            Approval of a rezoning to a more restricted base zoning district; or

         4. 4.

            Denial of the application.

      3. c.

         The City Manager shall submit the Historic Resources Commission's recommendation to the Zoning Commission.

   3. 3.

      Public Hearing, Review, and Recommendation by Zoning Commission
      Following staff review and any review by the Historic Resources Commission (if appropriate), the Zoning Commission shall conduct a legislative hearing on the application in accordance with Section 30-2.B.12, Public Notification, and Section 30-2.B.13, Legislative Hearing Procedures (Legislative Decisions). After close of the hearing, the Zoning Commission shall consider the application, relevant support materials, the staff report, the Historic Resources Commission's recommendation (if appropriate), and any comments given by the public. The Zoning Commission, by a majority vote of a quorum present, shall adopt a written recommendation for one of the following actions, based on the standards in Section 30-2.C.1.g., Map Amendment(Rezoning) Standards:

      1. a.

         Denial of the application.

      2. b.

         Approval of a rezoning to a more restricted base zoning district;

      3. c.

         Approval of the application with a reduction in the area included; or

      4. d.

         Approval of the application as submitted;
         In making its recommendation, the Zoning Commission shall adopt a written statement that addresses plan consistency and the reasonableness of the amendment in accordance with Section 30-2.C.1.e.6, Plan Consistency and Reasonableness.

         1. 1.

            Describes whether the decision is consistent with all City- adopted plans that are applicable; and

         2. 2.

            Explains why the decision is reasonable and in the public interest.

   4. 4.

      Appeal to City Council

      1. a.
         Any person aggrieved by the Zoning Commission's recommendation (aggrieved party) shall have the right to appeal the recommendation to the City Council by filing a written notice of appeal with the City Clerk within ten days after the Zoning Commission's recommendation. If a notice of appeal is timely filed, the City Council shall hold a public hearing on the application in accordance with Section 30-2.B.12, Public Notification, and Section 30-2.B.13, Legislative Hearing Procedures (Legislative Decisions).
      2. b.
         If any resident or property owner in the city submits a written statement regarding a proposed amendment, modification, or repeal to a zoning ordinance to the clerk to the board at least two business days prior to the proposed vote on such a change, the clerk to the board shall deliver such written statement to the city council.  If the proposed change is the subject of a quasi-judicial proceeding under G.S. 160D-406, 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.  
      3. c.
         If the Zoning Commission recommends approval of the application as submitted or with a reduction in the area included, or approval of a rezoning to a more restricted base zoning district, and no appeal is filed within the time limit prescribed in Section 30-2.C.1.e.4.a above, the City Council, at its next regular meeting, shall have the right to approve the application, along with the Zoning Commission's adopted plan consistency statement and statement of reasonableness, by a majority vote of a quorum present, without an additional public hearing. The City Council shall not make any other decision on the application without first holding a public hearing in accordance with Section 30-2.B.12, Public Notification, and Section 30-2.B.13, Legislative Hearing Procedures (Legislative Decisions).
      4. d.
         If the Zoning Commission recommends denial of the application, and no appeal is filed within the time limit prescribed in Section 30-2.C.1.e.4.a above, the action recommended by the Zoning Commission, along with its adopted plan consistency statement and statement of reasonableness, shall be deemed to be the final action of the City Council.
      5. e.
         If the City Council holds a public hearing on the application pursuant to the terms of this Section, then the City Council shall adopt a plan consistency statement and statement of reasonableness in accordance with Section 30-2.C.1.e.6, Plan Consistency and Reasonableness.
   5. 5.
      Public Hearing, Review, and Action by City Council
      If the application is subject to a public hearing by the City Council in accordance with Section 30-2.C.1.e.4 above, the City Council shall hold a legislative hearing on the application in accordance with Section 30-2.B.12, Public Notification, and Section 30-2.B.13, Legislative Hearing Procedures (Legislative Decisions). After close of the hearing, the City Council shall consider the application, relevant support materials, the staff report, the Historic Resources Commission's recommendation (if appropriate), the Zoning Commission's recommendation, and any comments given by the public. The City Council, by a majority vote of a quorum present, shall take one of the following actions based on the standards in Section 30-2.C.1.g, Map Amendment Standards:

      1. a.
         Approval of the application as submitted;
      2. b.
         Approval of the application with a reduction in the area proposed to be rezoned;
      3. c.
         Approval of a rezoning to a more restricted base zoning district;
      4. d.
         Denial of the application; or
      5. e.
         Remand of the application back to the Zoning Commission for further consideration.
   6. 6.
      Plan consistency and Reasonableness
      When approving or denying a proposed amendment, the Zoning Commission (or the City Council, if the application is subject to a public hearing by the City Council in accordance with Section 30-2.C.1.e.4) shall approve a plan consistency statement and a statement of reasonableness.

      1. a.
         The plan consistency statement shall describe whether the decision is consistent with the comprehensive plan and any other officially adopted plan that is applicable.

         1. 1.
            If a map amendment is adopted and the action was deemed inconsistent with an adopted plan, the map amendment shall have the effect of also amending any future land-use map in the approved plan, and no additional request or application for a plan amendment shall be required.
         2. 2.
            If a map amendment qualifies as a "large-scale rezoning" under North Carolina Gen. Stats. 160D-602(b), the consistency statement may address the overall rezoning and describe how the analysis and policies in the relevant adopted plans were considered in the action taken.
         3. 3.
            The consistency statement may be adopted in the same motion as the action on the proposed amendment, or in a separate motion. The consistency statement is not subject to judicial review, as provided in North Carolina Gen. Stats. 160D-605(b). A plan amendment and a zoning amendment may be considered concurrently.
      2. b.
         The statement of reasonableness shall explain why the decision is reasonable and in the public interest. Pursuant to North Carolina Gen. Stats. 160D-605(b), this statement may consider, among other factors, (i) the size, physical conditions, and other attributes of the area proposed to be rezoned; (ii) the benefits and detriments to the landowners, the neighbors, and the surrounding community; (iii) the relationship between the current actual and permissible development on the tract and adjoining areas and the development that would be permissible under the proposed amendment; (iv) why the action taken is in the public interest; and (v) any changed conditions warranting the amendment.
      3. c.
         The plan consistency statement and the statement of reasonableness may be adopted in the same motion.
      4. d.
         Expiration
         Approval of a Map Amendment (Rezoning) shall not expire, but the amended map is subject to further amendment in accordance with the amendment procedures set forth in this section.
      5. e.
         [Reserved]
      6. f.
         Map Amendment (Rezoning) Standards
         Amending the Official Zoning Map (Rezoning) is a matter committed to the legislative discretion of the City Council. In evaluating the proposed amendment, consideration should include all uses permitted in that district. In determining whether to adopt or deny a proposed amendment, the City shall consider and weigh the relevance of the following factors:

         1. 1.
            Whether and the extent to which the proposed amendment is consistent with all City-adopted plans that are applicable;
         2. 2.
            Whether and the extent to which there are changed conditions that require an amendment;
         3. 3.
            Whether and the extent to which the proposed amendment addresses a demonstrated community need;
         4. 4.
            Whether and the extent to which the proposed amendment is compatible with existing and proposed uses surrounding the subject land, and is the appropriate zoning district for the land;
         5. 5.
            Whether and the extent to which the proposed amendment would result in a logical and orderly development pattern, or deviate from logical and orderly development patterns;
         6. 6.
            Whether and the extent to which the proposed amendment would encourage premature development;
         7. 7.
            Whether and the extent to which the proposed amendment would result in strip or ribbon commercial development;
         8. 8.
            Whether and the extent to which the proposed amendment would result in the creation of an isolated zoning district unrelated to adjacent and surrounding zoning districts;
         9. 9.
            Whether and the extent to which the proposed amendment would result in significant adverse impacts on the property values of surrounding lands;
         10. 10.
             Whether and the extent to which the proposed amendment would result in significantly adverse impacts on the natural environment, including but not limited to water, air, noise, stormwater management, wildlife, vegetation, wetlands, and the natural functioning of the environment; and
         11. 11.
             The compatibility of all permissible uses with surrounding existing uses.

(Ord. No. S2012-025, § 16, 11-13-2012; Ord. No. S2013-014, § 2, 7-22-2013; Ord. No. S2015-019, 12-14-2015; Ord. No. S2021-020, §§ 1, 2, 05/10/2021; Ord. No. S2021-023, §§ 1, 3, 05/10/2021; Ord. No. S2021-047, §§ 1--3, 12/13/2021)

Effective on: 12/14/2015

1. a.
   Purpose
   The purpose of this section is to provide a uniform means for amending the text of this Ordinance.
2. b.
   Authority
   The City Council may adopt an ordinance amending the text of this Ordinance upon compliance with the provisions of this section.
3. c.
   Initiation
   An application for a Text Amendment may be initiated by the City Council, Zoning Commission, Planning Commission, Historic Resources Commission, City Manager, an owner of land in the City, or a person with a financial or other interest in land in the City.
4. d.
   Procedure

   1. 1.
      Basic Procedures
      Except as modified by Sections 30-2.C.2.d.2-5 below, procedures and requirements for the submission, completeness determination, review, recommendation, hearing, and decision on applications are as established in Section 30-2.B, Common Review Procedures.
   2. 2.
      Review and Recommendation by Historic Resources Commission

      1. a.
         If the application involves an amendment of Section 30-2.C.8, Certificate of Appropriateness, Section 30-3.H.3, Historic/Landmark Overlay District, or other provisions directly related to the preservation of the City's historic resources, the Historic Resources Commission shall meet following staff review to consider the application, relevant support materials, the staff report, and any comments given by the public. The Historic Resources Commission, by a majority vote of a quorum present, shall recommend one of the following actions, based on the standards in Section 30-2.C.2.e, Text Amendment Standards

         1. 1.
            Adoption of the amendment as written;
         2. 2.
            Adoption of a revised amendment; or
         3. 3.
            Denial of the amendment.
      2. b.
         The City Manager shall submit the Historic Resources Commission's recommendation to the Planning Commission.
   3. 3.
      Public Hearing, Review, and Recommendation by Planning Commission

      1. a.
         Following staff review and any review by the Historic Resources Commission (if appropriate), the Planning Commission shall conduct a legislative hearing on the application in accordance with Section 30-2.B.12, Public Notification, and Section 30-2.B.13, Legislative Hearing Procedures (Legislative Decisions). After close of the hearing, the Planning Commission shall consider the application, relevant support materials, the staff report, the Historic Resources Commission's recommendation (if appropriate), and any comments given by the public. The Planning Commission, by a majority vote of a quorum present, shall adopt a written recommendation for one of the following actions, based on the standards in Section
         30-2.C.2.e, Text Amendment Standards:

         1. 1.
            Adoption of the amendment as written;
         2. 2.
            Adoption of a revised amendment; or
         3. 3.
            Denial of the amendment.
      2. b.

         Plan Consistency Statement. When conducting a review of proposed text amendments, the Planning Commission shall advise the City Council and comment on whether the proposed action is consistent with the comprehensive plan and any other officially adopted plan that is applicable. The Planning Commission shall provide a written recommendation to the City Council that addresses plan consistency and other matters as deemed appropriate by the Planning Commission, but a comment by the Planning Commission that a proposed amendment is inconsistent with the comprehensive plan shall not preclude consideration or approval of the proposed amendment by the City Council.

      3. c.

         The City Manager shall submit the Planning Commission's recommendation and the Historic Resources Commission's recommendation (if applicable) to the City Council.

   4. 4.

      Public Hearing, Review, and Action by City Council
      Following staff review and review by the Historic Resources Commission (if appropriate) and the Planning Commission, the City Council shall hold a legislative hearing on the application in accordance with Section 30-2.B.12, Public Notification, and Section 30-2.B.13, Legislative Hearing Procedures (Legislative Decisions). After close of the hearing, the City Council shall consider the application, relevant support materials, the staff report, the Historic Resources Commission's recommendation (if appropriate), the Planning Commission's recommendation, and any comments given by the public.

      1. a.

         The City Council, by a majority vote of a quorum present, shall take one of the following actions, based on the standards in Section 30-2.C.2.e, Text Amendment Standards:

         1. 1.

            Adoption of the amendment as proposed;

         2. 2.

            Adoption of a revised amendment;

         3. 3.
            Denial of the amendment; or
         4. 4.
            Remand of the application back to the Planning Commission for further consideration.
      2. b.
         Plan Consistency Statement. When adopting or rejecting any proposed text amendment, the City Council shall also approve a brief statement describing whether its action is consistent or inconsistent with the adopted comprehensive plan. The consistency statement may be adopted in the same motion as the action on the proposed text amendment, or in a separate motion. The consistency statement is not subject to judicial review, as provided in North Carolina Gen. Stats. 160D-605(a).
   5. 5.
      Expiration
      Approval of a Text Amendment to the text of this Ordinance shall not expire, but the amended text is subject to further amendment in accordance with the amendment procedures set forth in this section.
5. e.
   Text Amendment Standards
   Amending the text of this Ordinance is a matter committed to the legislative discretion of the City Council. In determining whether to adopt or deny the proposed amendment, the City Council shall consider and weigh the relevance of the following factors:

   1. 1.
      Whether and the extent to which the proposed amendment is consistent with all City-adopted plans that are applicable;
   2. 2.
      Whether the proposed amendment is in conflict with any provision of this Ordinance, and related City regulations;
   3. 3.
      Whether and the extent to which there are changed conditions that require an amendment;
   4. 4.
      Whether and the extent to which the proposed amendment addresses a demonstrated community need;
   5. 5.
      Whether and the extent to which the proposed amendment is consistent with the purpose and intent of the zoning districts in this Ordinance, or would improve compatibility among uses and would ensure efficient development within the City;
   6. 6.
      Whether and the extent to which the proposed amendment would result in a logical and orderly development pattern; and
   7. 7.
      Whether and the extent to which the proposed amendment would result in significantly adverse impacts on the natural environment, including but not limited to water, air, noise, storm water management, wildlife, vegetation, wetlands, and the natural functioning of the environment.

(Ord. No. S2021-020, § 3, 05/10/2021; Ord. No. S2021-023, § 1, 05/10/2021; Ord. No. S2021-047, § 4, 12/13/2021)

Effective on: 11/18/2013

1. a.
   Purpose
   Planned developments are developments that are planned and developed under unified control and in accordance with more flexible standards and procedures that are conducive to creating more mixed-use, pedestrian-oriented, and otherwise higher quality development than could be achieved through general use (base) zoning district regulations. The purpose of this section is to provide a uniform means for amending the Official Zoning Map to establish any of the Planned Development (PD) zoning districts.
2. b.
   Scope
   A Planned Development is established by a Map Amendment to the Official Zoning Map to rezone land to a Planned Development zoning district classification that is defined by a Master Plan and a Terms and Conditions document. Subsequent development within the PD district occurs through the Site Plan and Subdivision Plan review procedures (whichever is appropriate), which ensure compliance with the approved master plan and terms and conditions.
3. c.
   Initiation
   To ensure unified control, an application for a Planned Development zoning classification may be initiated only by the owner(s) of all the property to be included in the proposed Planned Development district.
4. d.
   Procedure

   1. 1.
      Basic Procedures
      Except as modified by Sections 30-2.C.3.d.2-9 below, procedures and requirements for the submission, completeness determination, review, recommendation, hearing, and decision on applications are as established in Section 30-2.B, Common Review Procedures.
   2. 2.
      Application to Include Master Plan and Terms and Conditions
      The application shall include a Master Plan that depicts the general configuration and relationship of the principal elements of the proposed development, including uses, general building types, density/intensity, resource protection, pedestrian and vehicular circulation, open space, public facilities, and phasing. The application shall also include a Terms and Conditions document specifying terms and conditions defining development parameters, providing for environmental mitigation, and outlining how public facilities will be provided to serve the Planned Development. To ensure unified control, the application shall also include a copy of the title to all land that is part of the proposed PD zoning district classification.
   3. 3.
      Application May Include Vested Rights Request
      The applicant may request approval of the application to establish a vested right in accordance with Section 160D-108.1 of the North Carolina General Statutes. Concurrent with the application for a Planned Development, the application shall include a written request for such a vested right and a plan that shows at least the information specified by the North Carolina General Statute definition of a site-specific vesting plan.
   4. 4.
      Review by Technical Review Committee
      Before completion of the staff report, the Master Plan and Terms and Conditions document shall be reviewed by the Technical Review Committee, who may suggest revisions consistent with the provisions of Section 30-3.G, Planned Development Zoning Districts.
   5. 5.
      Review and Recommendation by Planning Commission

      1. a.
         Following staff review and preparation of a staff report, the Planning Commission shall conduct a legislative hearing on the application in accordance with Section 30-2.B.12, Public Notification and Section 30-2.B.13, Legislative Hearing Procedures (Legislative Decisions). After close of the hearing, the Planning Commission shall consider the application, relevant support materials, comments by the Technical Review Committee, the staff report, and any comments given by the public. The Planning Commission, by a majority vote of a quorum present, shall adopt a written recommendation for one of the following actions, based on the standards in Section 30-2.C.3.f, Planned Development Standards:

         1. 1.
            Denial of the application.
         2. 2.
            Approval of the application subject to conditions related to the Master Plan and the Terms and Conditions document; or
         3. 3.
            Approval of the application subject to the Master Plan and Terms and Conditions document included in the application;
      2. b.

         When conducting its review, the Planning Commission shall advise the City Council and comment on whether the proposed PD zoning classification (map amendment) is consistent with the comprehensive plan and any other officially adopted plan that is applicable. The Planning Commission shall provide a written recommendation to the City Council that addresses plan consistency and other matters as deemed appropriate by the Planning Commission, but a comment by the Planning Commission that the proposed amendment is inconsistent with the comprehensive plan shall not preclude consideration or approval of the proposed amendment by the City Council. The Planning Commission’s recommendation shall also address the reasonableness of the amendment in accordance with the requirement for City Council in Section 30-2.C.3.d.7, Plan Consistency and Reasonableness.

         1. 1.

            If the proposed PD zoning classification qualifies as a “large-scale rezoning” under North Carolina Gen. Stats. 160D-602(b), the consistency statement may address the overall rezoning and describe how the analysis and policies in the relevant adopted plans were considered in the action taken.

   6. 6.
      Public Hearing, Review, and Action by City Council
      Following staff review and review by the Planning Commission, the City Council shall hold a legislative hearing on the application in accordance with Section 30-2.B.12, Public Notification, and Section 30-2.B.13, Legislative Hearing Procedures (Legislative Decisions). After close of the hearing, the City Council shall consider the application, relevant support materials, comments by the Technical Review Committee, the staff report, the Planning Commission's recommendation, and any comments given by the public. The City Council, by a majority vote of a quorum present, shall take one of the following actions, based on the standards in Section 30-2.C.3.f, Planned Development Standards:

      1. a.
         Approval of the application subject to the Master Plan and Terms and Conditions document included in the application;
      2. b.
         Approval of the application subject to conditions related to the Master Plan and the Terms and Conditions document;
      3. c.
         Denial of the application; or
      4. d.
         Remand of the application back to the Planning Commission for further consideration.
   7. 7.
      Plan Consistency and Reasonableness

      When making its decision to approve or deny the PD zoning classification (map amendment), the City Council shall also approve a plan consistency statement and a statement of reasonableness.

      1. a.

         The plan consistency statement shall describe whether the decision is consistent with the comprehensive plan and any other officially adopted plan that is applicable.

         1. 1.

            If a PD zoning classification (map amendment) is approved and the action was deemed inconsistent with an adopted plan, the map amendment shall have the effect of also amending any future land-use map in the approved plan, and no additional request or application for a plan amendment shall be required.

         2. 2.

            The plan consistency statement may be adopted in the same motion as the action on the proposed PD zoning classification, or in a separate motion. The consistency statement is not subject to judicial review, as provided in North Carolina Gen. Stats. 160D-605(a).

      2. b.

         The statement of reasonableness shall explain why the decision is reasonable and in the public interest. Pursuant to North Carolina Gen. Stats. 160D-605(b), this statement may consider, among other factors, (i) the size, physical conditions, and other attributes of the area proposed to be rezoned; (ii) the benefits and detriments to the landowners, the neighbors , and the surrounding community; (iii) the relationship between the current actual and permissible development on the tract and adjoining areas and the development that would be permissible under the proposed amendment; (iv) why the action taken is in the public interest; and (v) any changed conditions warranting the map amendment.

      3. c.

         The plan consistency statement and the statement of reasonableness may be adopted in the same motion.

   8. 8.
      Conditions of Approval
      In approving a PD zoning classification, a Master Plan, and Terms and Conditions document, the City Council may impose appropriate conditions on the approval in accordance with Section 30-2.B.16, Conditions of Approval.
   9. 9.
      Expiration

      1. a.
         If no application for approval of a Subdivision Plan or Site Plan (Major or Minor) for any part of the approved Planned Development is submitted within two years after approval of the Planned Development, the City Manager shall initiate a Map Amendment (Rezoning) application to rezone the land back to its prior zoning classification or any other base zoning classification determined to be appropriate. Such time period shall not be extended with transfer of ownership.
      2. b.
         Upon written request submitted at least 30 days before expiration of the two-year period provided in Section 30-2.C.3.d.9.a above, and upon a showing of good cause, the City Manager may grant one extension not to exceed six months for the applicant to submit required development applications.
5. e.
   Reserved for Future Use.
6. f.
   Planned Development Standards
   Review of and the decision on a Planned Development application shall be subject to the standards in Section 30-3.G, Planned Development Zoning Districts.
7. g.
   Designation on Official Zoning Map
   Designation of a PD zoning district on the Official Zoning Map shall note the ordinance number approving the PD zoning classification.
8. h.
   Effect of Approval
   Lands rezoned to a PD zoning district shall be subject to the approved Master Plan and the approved Terms and Conditions document. The Master Plan and Terms and Conditions are binding on the land as an amendment to the Official Zoning Map. The applicant may apply for and obtain subsequent development permits and approvals necessary to implement the Master Plan in accordance with the appropriate procedures and standards set forth in this Ordinance. Any permits or approvals shall comply with the Master Plan and the Terms and Conditions document.
9. i.
   Amendments

   1. 1.
      General
      If an applicant determines it is necessary to alter the concept or intent of the Master Plan or the Terms and Conditions document, the Master Plan or Terms and Conditions document shall be amended, extended, or modified only in accordance with the procedures and standards for its original approval.
   2. 2.
      Amendments Defined
      The following items are considered an alteration of the concept or intent of the Master Plan or Terms and Conditions document and are treated as an amendment:

      1. a.
         Changes in use designations;
      2. b.
         Density/intensity increases;
      3. c.
         Decreases in open space;
      4. d.
         Substantial changes in the location of streets (particularly if streets are to be deleted or access points to the development moved so traffic flows both inside and outside the development are affected);
      5. e.
         Change in the location of any public easement;
      6. f.
         Change in the proportion of housing types by more than 15 percent; or
      7. g.
         Violation of any specific condition of the Terms and Conditions document.
   3. 3.
      Minor Deviations
      Minor deviations are modifications to an approved Planned Development that, in the opinion of the City Manager, do not constitute an amendment and can be considered as a minor deviation in accordance with Subsection j., below, Minor Deviations from Master Plan and Terms and Conditions.
10. j.
    Minor Deviations from Master Plan and Terms and Conditions

    1. 1.
       Subsequent plans and permits for development within an approved Planned Development may include minor deviations from the Master Plan or Terms and Conditions document, provided such deviations are limited to changes addressing technical considerations that could not reasonably be anticipated during the Planned Development zoning classification process or any other change that has no material effect on the character of the approved Planned Development or any of its approved terms or conditions. Changes in the following shall constitute minor deviations:

       1. a.
          Driveway locations;
       2. b.
          Structure floor plan revisions;
       3. c.
          Minor shifts in building size or location; and
       4. d.
          Facility design modifications for amenities and the like.
    2. 2.
       Changes that materially affect the basic concept of the Master Plan or basic parameters set by the Terms and Conditions document are not considered minor deviations, and shall only be changed as amendments to the Master Plan or Terms and Conditions document (See subsection "i" above.

(Ord. No. S2015-019, 12-14-2015; Ord. No. S2021-023, §§ 1, 3, 05/10/2021; Ord. No. S2021-047, § 5, 12/13/2021)

Effective on: 12/14/2015

1. a.
   Purpose
   In cases where the standards of a general use (base) zoning district are inadequate to ensure that development allowed by the district will conform to the City’s adopted plans or to appropriately address the impacts expected to be generated by such development, a landowner may apply for a Conditional Rezoning. Such rezoning establishes a conditional zoning district that is equivalent to the general use (base) zoning district, but subject to additional conditions or restrictions that the applicant and the City mutually agree are necessary to ensure conformance to adopted plans and adequately address expected development impacts. The purpose of this section is to provide a uniform means for amending the Official Zoning Map to establish conditional zoning districts.
2. b.
   Initiation
   In accordance with the North Carolina General Statutes, an application for a Conditional Rezoning may be initiated only by the owner(s) of all the property to be included in the proposed conditional zoning district.
3. c.
   Procedure

   1. 1.
      Basic Procedures
      Except as modified by Sections 30-2.C.4.c.2-9 below, procedures and requirements for the submission, completeness determination, review, recommendation, hearing, and decision on applications are as established in Section 30-2.B, Common Review Procedures.
   2. 2.
      Application to Include Conditions
      The application shall include conditions proposed by the applicant consistent with the provisions of Section 30-2.C.4.c.8, Conditions of Approval.
   3. 3.
      Application May Include Vested Rights Request
      The applicant may request approval of the application to establish a vested right in accordance with Section 160D-108.1 of the North Carolina General Statutes. Concurrent with the application for a conditional rezoning, the application shall include a written request for such a vested right and a plan that shows at least the information specified by the North Carolina General Statute definition of a site-specific vesting plan.
   4. 4.
      Review by Technical Review Committee
      Before completion of the staff report, the application shall be reviewed by the Technical Review Committee, who may suggest revisions to the proposed conditions, consistent with the provisions of Section 30-2.C.4.c.8, Conditions of Approval. Only those revisions agreed to in writing by the applicant shall be incorporated into the application.
   5. 5.
      Review and Recommendation by Zoning Commission

      1. a.
         Following a staff review, the Zoning Commission shall conduct a legislative hearing on the application in accordance with Section 30-2.B.12, Public Notification, and Section 30-2.B.13, Legislative Hearing Procedures (Legislative Decisions). After close of the hearing, the Zoning Commission shall consider the application, relevant support materials, conditions proposed by the applicant, the staff report, and any comments given by the public. The Zoning Commission, by a majority vote of a quorum present, shall adopt a written recommendation for one of the following actions, based on the standards in Section 30-2.C.4.e, Conditional Rezoning Standards:

         1. 1.
            Approval of the application subject to the conditions included in the application;
         2. 2.
            Approval of the application subject to any revised or additional conditions agreed to by the applicant, in writing;
         3. 3.
            Approval of the application with a reduction in the area included; or
         4. 4.
            Denial of the application.
      2. b.
         As part of its review of the application, the Zoning Commission may suggest revisions to the proposed conditions, consistent with the provisions of Section 30-2.C.4.c.8, Conditions of Approval. Only those revisions agreed to in writing by the applicant shall be incorporated into the application.
      3. c.
         In making its recommendation, the Zoning Commission shall adopt a written statement that addresses plan consistency and the reasonableness of the amendment in accordance with Section 30-2.C.4.c.8, Plan Consistency and Reasonableness.
   6. 6.
      Appeal to City Council

      1. a.
         Any person aggrieved by the Zoning Commission's recommendation (aggrieved party) shall have the right to appeal the recommendation to the City Council by filing a written notice of appeal with the City Clerk within ten days after the Zoning Commission's recommendation. If a notice of appeal is timely filed, the City Council shall hold a public hearing on the application in accordance with Section 30-2.B.12, Public Notification, and Section 30-2.B.13, Legislative Hearing Procedures (Legislative Decisions).
      2. b.
         Reserved for Future Use.
      3. c.
         If the Zoning Commission recommends approval of the application, and no appeal is filed within the time limit prescribed in Section 30-2.C.4.c.6.a above, the City Council, at its next regular meeting, shall have the right to approve, along with the Zoning Commission's adopted plan consistency statement and statement of reasonableness, by a majority vote of a quorum present, without an additional public hearing. The City Council shall not take any other decision on the application without first holding a public hearing in accordance with Section 30-2.B.12, Public Notification, and Section 30-2.B.13, Legislative Hearing Procedures (Legislative Decisions).
      4. d.
         If the Zoning Commission recommends denial of the application, and no appeal is filed within the time limit prescribed in Section 30-2.C.4.c.6.a above, the action recommended by the Zoning Commission, along with its adopted plan consistency statement and statement of reasonableness, shall be deemed to be the final action of the City Council.
      5. e.

         If the City Council holds a public hearing on the application pursuant to the terms of this Section, then the City Council shall adopt a plan consistency statement and statement of reasonableness, in accordance with Section 30-2.C.4.c.8, Plan Consistency and Reasonableness, below.

   7. 7.
      Public Hearing, Review, and Action by City Council

      1. a.
         If the application is subject to a public hearing by the City Council in accordance with Section 30-2.C.4.c.6 above, the City Council shall conduct a legislative hearing on the application in accordance with Section 30-2.B.12, Public Notification, and Section 30-2.B.13, Legislative Hearing Procedures (Legislative Decisions). After close of the hearing, the City Council shall consider the application, relevant support materials, conditions proposed by the applicant, the staff report, the Zoning Commission's recommendation, and any comments given by the public.
      2. b.
         As part of its review of the application, the City Council shall review the proposed conditions and may suggest revisions to the proposed conditions, consistent with the provisions of Section 30-2.C.4.d.8, Conditions of Approval. Only those conditions agreed to by the applicant in writing shall be included in an approval of the application.
   8. 8.

      Plan Consistency and Reasonableness
      When approving or denying a proposed amendment, the Zoning Commission (or the City Council, if the application is subject to a public hearing by the City Council in accordance with Section 30-2.C.4.c.6) shall approve a plan consistency statement and statement of reasonableness.

      1. a.

         The plan consistency statement shall describe whether the decision is consistent with all City-adopted plans that are applicable.

         1. 1.

            If a map amendment is adopted and the action was deemed inconsistent with an adopted plan, the map amendment shall have the effect of also amending any future land-use map in the approved plan, and no additional request or application for a plan amendment shall be required.

         2. 2.

            If a map amendment qualifies as a “large-scale rezoning” under North Carolina Gen. Stats. 160D‑602(b), the consistency statement may address the overall rezoning and describe how the analysis and policies in the relevant adopted plans were considered in the action taken.

         3. 3.

            The consistency statement may be adopted in the same motion as the action on the proposed amendment, or in a separate motion. The consistency statement is not subject to judicial review, as provided in North Carolina Gen. Stats. 160D-605(a).

      2. b.

         The statement of reasonableness shall explain why the decision is reasonable and in the public interest. Pursuant to North Carolina Gen. Stats. 160D-605(b), this statement may consider, among other factors, (i) the size, physical conditions, and other attributes of the area proposed to be rezoned; (ii) the benefits and detriments to the landowners, the neighbors, and the surrounding community; (iii) the relationship between the current actual and permissible development on the tract and adjoining areas and the development that would be permissible under the proposed amendment; (iv) why the action taken is in the public interest; and (v) any changed conditions warranting the amendment.

      3. c.

         The plan consistency statement and the statement of reasonableness may be adopted in the same motion.

   9. 9.

      Conditions of Approval

      1. a.
         A condition may be proposed to modify dimensional standards that would be less restrictive than the base district or applicable overlay zoning district in order to address unique site characteristics or conflicts between standards that prevent good planning practice or achievement of community goals, provided such modifications to dimensional standards are deemed compatible with the surrounding development based on site design and/or operation either generally or as limited by the conditions.
      2. b.
         A condition may be proposed to add a use or a limited number of uses not otherwise permitted to the base district or applicable overlay zoning district in order to address unique site characteristics and position within the area or to promote good planning practice or community goals, provided such use or uses are deemed compatible with the surrounding development based on use characteristics and/or operation either generally or as limited by the conditions.
      3. c.
         Except as provided in Items e. and f. below, no condition shall be less restrictive than the standards of the parallel general use (base) zoning district, any applicable overlay zoning district standard, or other applicable requirement in this Ordinance.
      4. d.
         Conditions may be in the form of text or of plans and maps.
      5. e.
         Conditions shall be limited to those that address conformance of development and use of the site with City regulations and adopted plans and that address the impacts reasonably expected to be generated by the development or use of the site.
      6. f.
         Only conditions mutually agreed to by the owners of the property to be rezoned and the City may be applied to a conditional zoning district.

       

   10. 10.
       Expiration

       1. a.
          If no application for approval of a Subdivision Plan or Site Plan (Major or Minor) for any part of the rezoned land is submitted within two years after approval of the Conditional Rezoning, the City Manager shall initiate a Map Amendment (Rezoning) application to rezone the land back to its prior zoning classification or any other base zoning classification determined to be appropriate. A change in ownership of the land shall not affect this time period.
       2. b.
          Upon written request submitted at least 30 days before expiration of the two-year period provided in Section 30-2.C.4.c.9.a above, and upon a showing of good cause, the City Manager may grant one extension not to exceed six months for the applicant to submit required development applications.
4. d.
   Reserved for future use [Protest Petition deleted per S.L. 2015-160, City Ord. S20155-019].
5. e.
   Conditional Rezoning Standards
   Review of and the decision on a Conditional Rezoning application shall be subject to the standards in Section 30-2.C.1.g, Map Amendment (Rezoning) Standards.
6. f.
   Effect of Approval
   Lands rezoned to a conditional zoning district shall be subject to the standards applicable to the parallel general use (base) zoning district, as modified by the more restrictive conditions proposed by the applicant and approved by the City Council. These standards and modifying conditions are binding on the land as an amendment to this Ordinance and the Official Zoning Map. The applicant may apply for and obtain subsequent development permits and approvals only in accordance with the approved conditions and appropriate procedures and standards set forth in this Ordinance.
7. g.
   Deviations from Conditions

   1. 1.
      Minor Deviations. Subsequent plans and permits for development within the conditional zoning district may include minor deviations from the approved conditions, provided such deviations are limited to changes addressing technical considerations that could not reasonably be anticipated during the Conditional Rezoning review process or any other change that has no material effect on the character of the approved conditional zoning district or any of its approved terms or conditions. Any such modification or deviation must be approved in writing and must comply with the requirements set forth in Section 30-2.C.16., Administrative Adjustment. Changes in the following are examples (without limitation) of minor deviations:

      1. a.
         Driveway locations;
      2. b.
         Minor shifts in building size or location; and
      3. c.
         Facility design modifications for amenities and the like.
   2. 2.
      Material Deviations. Changes in permitted uses or density of the overall development or other changes that materially affect the basic configuration or intent of approved conditions are not considered minor deviations, and shall be amendments that may only be considered in accordance with the procedure used to establish the conditional zoning district.
8. h.
   Designation on Official Zoning Map
   Designation of a conditional zoning district on the Official Zoning Map shall bear the same designation as the parallel general use (base) zoning district but shall also include the suffix "/CZ".

(Ord. No. S2013-014, § 3, 7-22-2013; Ord. No. S2015-019, 12-14-2015; Ord. No. S2020-008, § 1, 09/28/2020; Ord. No. S2021-012, § 5, 05/10/2021; Ord. No. S2021-023, §§ 1, 3, 05/10/2021; Ord. No. S2021-047, § 6, 12/13/2021)

Effective on: 9/28/2020

1. a.
   Purpose
   Site plan review is intended to ensure that the layout and general design of proposed development is compatible with surrounding uses and complies with all applicable standards in this Ordinance and all other applicable City regulations. The purpose of this section is to establish the procedure and standards for review and approval of two types of site plan: Major Site Plans and Minor Site Plans.
2. b.
   Applicability

   1. 1.
      Major Site Plans
      Unless exempted in accordance with Section 30-2.C.5.b.3, Exemptions, the following developments shall be required to have a Major Site Plan approved in accordance with this section before issuance of a Building Permit:

      1. a.
         New nonresidential or multi-family development with two or more buildings;
      2. b.
         New single-building non-residential development or additions with 2,500 square feet or more in gross floor area;
      3. c.
         New single-building multi-family development with eight or more dwelling units;
      4. d.
         Developments that result in a new street connection with an existing street or street stub in a single-family residential neighborhood; and
      5. e.
         Zero-lot-line development.
      6. f.
         Food truck courts.
   2. 2.
      Minor Site Plans
      Unless exempted in accordance with Section 30-2.C.5.b.3, Exemptions, the following developments shall be required to have a Minor Site Plan approved in accordance with this section before issuance of a Building Permit:

      1. a.
         Changes in use;
      2. b.
         New single-building nonresidential development or additions of less than 2,500 square feet in gross floor area;
      3. c.
         New single-building, multi-family development with seven or fewer dwelling units; and
      4. d.
         New development on a lot existing on July 1, 2011 and that is nonconforming with respect to the base zoning district requirements and that seeks reduction(s) in side or rear lot lines in proportion to the percent nonconformity of the lot, up to a maximum of 20 percent (see Section 30-7.D.2 Development of Unimproved Nonconforming Lots). Such approved side or rear setback reductions must be recorded in a manner consistent with the recordation of approved variances (See Section 30-2.C.14.e.5 Expiration).
   3. 3.
      Exemptions
      The following development shall be exempted from the requirements of this section:

      1. a.
         New single-family development, including single-family development on a lot that is nonconforming with respect to the base zoning district standards but otherwise meeting the dimensional standards for development in that zoning district;
      2. b.
         Internal construction that does not increase gross floor area or building height, increase the density or intensity of use, or affect parking requirements; and
      3. c.
         Temporary uses described in Section 30-4.E, Temporary Uses. Such uses may be required to obtain a Temporary Use Permit in accordance with Section 30-2.C.10.
3. c.
   Initiation
   An application for site plan approval may be initiated by any person who may submit applications in accordance with Section 30-2.B.1, Authority to File Applications.
4. d.
   Major Site Plan Procedure

   1. 1.
      Basic Procedures
      Except as modified by Sections 30-2.C.5.d.2-5 below, procedures and requirements for the submission, completeness determination, review, recommendation, and decision on applications are as established in Section 30-2.B, Common Review Procedures.
   2. 2.
      Review and Action by Technical Review Committee

      1. a.
         The City Manager shall organize and conduct a meeting of the Technical Review Committee to consider the application and relevant support materials, and make comments and recommendations based on the application's compliance with the standards in Section 30-2.B.9, Decision by Technical Review Committee or City Manager, and Section 30-2.C.5.f, Site Plan Standards. If the Technical Review Committee determines the Major Site Plan application complies with the standards in Section 30-2.C.5.f, Site Plan Standards, it shall approve the application or approve the application with conditions (see Section 30-2.B.16, Conditions of Approval).
      2. b.
         In all other instances, the City Manager shall transmit, in writing, the Technical Review Committee's comments and recommendations to the applicant and invite the applicant to revise the application to address those comments and recommendations.
      3. c.
         In cases where revision of the application is required, the applicant shall be provided 45 business days to revise the application. If a revised Major Site Plan application is not received within that time frame, the application shall be considered withdrawn. Upon receipt of a revised application within the appropriate time frame, the Technical Review Committee shall review and take action on the revised application in accordance with the procedures of Section 30-2.B.9, Decision by Technical Review Committee or City Manager, and the standards in Section 30-2.C.5.f, Site Plan Standards.
   3. 3.
      Conditions of Approval
      In approving a Major Site Plan, the Technical Review Committee may impose appropriate conditions on the approval in accordance with Section 30-2.B.16, Conditions of Approval.
   4. 4.
      Appeal

      1. a.
         Except for decisions related to new street connections to streets or street stubs in an existing single-family residential neighborhood (see Section 30-5.F.4.G, External Street Connectivity), an appeal from the Technical Review Committee's decision on a Major Site Plan application shall be reviewed and decided by the Planning Commission in accordance with Section 30-2.C.18, Appeal.
      2. b.
         The Technical Review Committee's decision on a new street connection to an existing street or street stub in an existing single-family residential neighborhood may be appealed to the City Council in accordance with Section 30-2.C.18, Appeal.
   5. 5.
      Expiration
      Major Site Plan approval shall automatically expire at the end of two years following the date of approval if a Building Permit for at least one building in the development is not approved. Any subsequent nine-month period of inactivity without a valid permit shall constitute expiration. A change in ownership of the land shall not affect this time period.
5. e.
   Minor Site Plan Procedure

   1. 1.
      Basic Procedures
      Except as modified by Sections 30-2.C.5.e.2-5 below, procedures and requirements for the submission, completeness determination, re- view, recommendation, and decision on ap- plications are as established in Section 30-2.B, Common Review Procedures.
   2. 2.
      Review and Action by City Manager
      The City Manager shall review and take action on the application in accordance with the procedures of Section 30-2.B.9, Decision by Technical Review Committee or City Manager, and the standards in Section 30-2.C.5.f, Site Plan Standards.
   3. 3.
      Conditions of Approval
      In approving a Minor Site Plan, the City Manager may impose appropriate conditions on the approval in accordance with Section 30-2.B.16, Conditions of Approval.
   4. 4.
      Appeal
      An appeal from the City Manager's decision on a Minor Site Plan application shall be reviewed and decided by the Planning Commission in accordance with Section 30-2.C.18, Appeal.
   5. 5.
      Expiration
      Minor Site Plan approval shall automatically expire at the end of two years following the date of approval if a Building Permit is not approved. A change in ownership of the land shall not affect this time period.
6. f.
   Site Plan Standards
   A Site Plan shall be approved only upon a finding that all of the following standards are met:

   1. 1.
      The development complies with the applicable district and use-specific standards;
   2. 2.
      The development complies with all other applicable standards in this Ordinance;
   3. 3.
      The development complies with all requirements or conditions of any applicable development approvals (e.g., Master Plan and Terms and Conditions document, Conditional Rezoning, etc.); and
   4. 4.
      The development complies with all other applicable City regulations.
7. g.
   Performance Guarantees
   If all required street paving and other on-site or off-site public infrastructure are not installed or completed before application for a Building Permit, or other required private site improvements are not installed or completed before application for a Certificate of Occupancy, the landowner or applicant shall provide a performance guarantee in accordance with the standards in Section 30-6.C, Performance and Maintenance Guarantees.
8. h.
   Amendments
   A Site Plan may be amended, extended, or modified only in accordance with the procedures and standards established for its original approval.

(Ord. No. S2011-013, § 6.1c, 11-28-2011; Ord. No. S2011-014, § 9, 11-28-2011; Ord. No. S2012-008, § 3, 4-23-2012; Ord. No. S2013-002, § 2a, 2-11-2013; Ord. No. S2021-004, § 2, 04/15/2021)

Effective on: 4/15/2021

1. a.
   Purpose
   The purpose of this section and Article 30-6: Subdivisions, is to promote the health, safety, morals, convenience, order, prosperity, and welfare of the present and future inhabitants of the City by:

   1. 1.
      Providing for the orderly growth and development of the City;
   2. 2.
      Coordinating streets and roads within proposed subdivisions with the City's Comprehensive Transportation Plan and with other public facilities;
   3. 3.
      Providing right-of-way for streets and utility easements;
   4. 4.
      Avoiding congestion and overcrowding, and encouraging the proper arrangement of streets in relation to existing or planned streets;
   5. 5.
      Ensuring there is adequate open space and recreation facilities to serve development; and
   6. 6.
      Ensuring there is proper recordation of landownership or property owner association records, where applicable.
2. b.
   Applicability

   1. 1.
      General
      The review procedures in this section and standards in Article 30-6: Subdivisions, shall apply to any subdivision, as defined in Section 30-9.D, Definitions.
   2. 2.
      Subdivision Plan Approvals Required

      1. a.
         No subdivision, as defined in Section 30-9.D, Definitions, may take place until both a Subdivision Plan and Final Plat for the subdivision are approved in accordance with this section.
      2. b.
         Subdivision Plan approval shall be required prior to Final Plat approval or installation of infrastructure proposed as part of the subdivision.
      3. c.
         Final Plat approval shall be required before any conveyance of proposed lots or the submittal of any application for a Building Permit authorizing the development on any lot or parcel proposed as part of the subdivision.
   3. 3.
      Exemptions
      Divisions of land not included in the definition of subdivision in Section 30-9.D, Definitions, are exempt from the subdivision review procedures in this section and the subdivision standards in Article 30-6: Subdivisions. Whether a division of land does or does not fall within the definition of subdivision shall be determined in accordance with procedures in Section 30-2.C.6.f, Subdivision Exemption.
3. c.
   Initiation
   Applications for approval of a Subdivision Plan, Final Plat, or Subdivision Exemption may be initiated by any person who may submit applications in accordance with Section 30-2.B.1, Authority to File Applications.
4. d.
   Subdivision Plan

   1. 1.
      Procedure

      1. a.
         Basic Procedures
         Except as modified by Sections 30-2.C.6.d.1.b-f below, procedures and requirements for the submission, completeness determination, review, recommendation, and decision on applications are as established in Section 30-2.B, Common Review Procedures.
      2. b.
         Adjacent Subdivision Development
         When land proposed for Subdivision Plan is adjacent to land approved for either a Subdivision Plan or Final Plat, and the same person has ownership or a significant legal or equitable interest in the adjacent land subject to the approved Subdivision Plan or Final Plat, the application for Subdivision Plan shall include a master concept plan that integrates the street lay-out and traffic and pedestrian circulation system of the two subdivisions, to the maximum extent practical.
      3. c.
         Review and Action by Technical Review Committee
         The Technical Review Committee shall review and take action on the application in accordance with the procedures of Section 30-2.B.9, Decision by Technical Review Committee or City Manager, and the standards in Section 30-2.C.6.d.2, Subdivision Plan Standards.
      4. d.
         Conditions of Approval
         In approving a Subdivision Plan, the Technical Review Committee may impose appropriate conditions on the approval in accordance with Section 30-2.B.16, Conditions of Approval.
      5. e.
         Appeal

         1. 1.

            Except for decisions related to new street connections to streets or street stubs in an existing single-family residential neighborhood (see Section 30-5.F.4.G, External Street Connectivity), an appeal from the Technical Review Committee's decision on a Subdivision Plan application shall be reviewed and decided by the Planning Commission in accordance with Section 30-2.C.18, Appeal.

         2. 2.

            The Technical Review Committee's decision on a new street connection to an existing street or street stub in an existing single-family residential neighborhood may be appealed to the City Council (see Section 30-2.C.18, Appeal) if 25 percent or more of those persons required to receive notice in accordance with Section 30-2.B.12.c.1.b initiate an appeal within 30 days of the date the notice is mailed by the City Manager

      6. f.

         Expiration

         1. 1.
            Subdivision Plan approval shall automatically expire if an application for approval of a Final Plat including every phase of the subdivision is not submitted within two years after the date of Subdivision Plan approval. A change in ownership of the land shall not affect this time period.
         2. 2.
            Upon written request submitted at least 30 days before expiration of the two-year period provided in Section 30-2.C.6.f.i above, and upon a showing of good cause, the City Manager may grant one extension not to exceed six months for the applicant to submit required Final Plat applications.
   2. 2.
      Subdivision Plan Standards
      A Subdivision Plan shall be approved only upon a finding that all of the following standards are met:

      1. a.
         The development complies with the applicable standards in Article 30-6: Subdivisions;
      2. b.
         The development complies with all other applicable standards in this Ordinance;
      3. c.
         The development complies with all requirements or conditions of any applicable development approvals (e.g., Master Plan and Terms and Conditions document, Conditional Rezoning, etc.); and
      4. d.
         The development complies with all other applicable City regulations.
   3. 3.
      Effect of Approval
      Approval of a Subdivision Plan shall constitute approval of the general layout and shapes of subdivision lots and open spaces and the layout, alignment, and design of the streets, utility lines, and other public infrastructure serving the subdivision. Approval of a Subdivision Plan allows the applicant to proceed with construction of approved streets, installation of approved utilities and public infrastructure, and preparation and submittal of a Final Plat for all or part of the subdivision. Approval of a Subdivision Plan does not constitute approval of a Final Plat or authorize the conveyance of proposed lots or parcels.
   4. 4.
      Inspection of Public Improvements and Performance Guarantees
      Before submitting an application for approval of a Final Plat, the applicant shall submit a request for inspection of all required public improvements to the City Manager. To the extent that any required improvements are not approved by the City Manager as complete, the applicant shall provide a performance guarantee in accordance with Section 30-6.C, Performance and Maintenance Guarantees, for the incomplete improvements.
   5. 5.
      Amendments
      A Subdivision Plan may be amended, extended, or modified only in accordance with the procedures and standards established for its original approval.
5. e.
   Final Plat

   1. 1.
      Procedure

      1. a.
         Basic Procedures
         Except as modified by Sections 30-2.C.6.e.1.b-h below, procedures and requirements for the submission, completeness determination, review, recommendation, and decision on applications are as established in Section 30-2.B, Common Review Procedures.
      2. b.
         Application Submission
         No application for approval of a Final Plat for a subdivision or an approved phase of a subdivision shall be submitted unless:

         1. 1.
            A Subdivision Plan is approved and is unexpired; and
         2. 2.
            Construction and installation of all public improvements approved as part of the Subdivision Plan for the subdivision section or phase are inspected and approved as complete, or a Performance Guarantee for incomplete improvements is provided, in accordance with Section 30-6.C, Performance and Maintenance Guarantees.
      3. c.
         Review and Action by City Manager
         The City Manager shall review and take action on the application in accordance with the procedures of Section 30-2.B.9, Decision by Technical Review Committee or City Manager, and the standards in Section 30-2.C.6.e.2, Final Plat Standards. If the Final Plat is approved, the City Manager shall enter certificates of approval and acceptance of dedication to public use of any right-of-way, easements, public improvements, parks, and open space shown on the plat.
      4. d.
         Conditions of Approval
         In approving a Final Plat, the City Manager may impose appropriate conditions on the approval in accordance with Section 30-2.B.16, Conditions of Approval.
      5. e.
         Appeal
         An appeal from the City Manager's decision on a Final Plat application shall be reviewed and decided by the Planning Commission in accordance with Section 30-2.C.18, Appeal.
      6. f.
         Certification
         If the Final Plat application is approved, the applicant shall revise the Final Plat as necessary to incorporate any conditions of approval and any required certification forms and signatures, and shall submit the revised plat to the City Manager within 15 days after the date of approval. Upon determining that the plat is properly revised, the City Manager shall enter onto the plat a signed certification that the plat is approved by the City in accordance with this Ordinance, and any other certifications as may be appropriate.
      7. g.
         Recordation
         The applicant shall file an approved and certified Final Plat with the Cumberland County Register of Deeds for recording, and shall provide proof of recording to the City Manager.
      8. h.
         Expiration
         Final Plat approval shall automatically expire if the plat is not recorded with the Cumberland County Register of Deeds within 60 days after the date it is certified as approved.
   2. 2.
      Final Plat Standards
      A Final Plat shall be approved only upon a finding that all of the following standards are met:

      1. a.
         The Final Plat is in substantial conformity with the approved Subdivision Plan;
      2. b.
         The Final Plat complies with the standards in Article 30-6: Subdivisions;
      3. c.
         The Final Plat complies with all other relevant provisions of this Ordinance;
      4. d.
         The Final Plat complies with all other relevant City regulations; and
      5. e.
         The Final Plat includes all required certificates.
   3. 3.
      Effect of Approval
      Approval of a Final Plat allows an applicant to proceed with recording the plat and conveying the platted lots by reference to the recorded plat.
   4. 4.
      Amendment
      An approved Final Plat may be amended or modified only in accordance with the procedures and standards established for its original approval. If the Final Plat is recorded and lots or parcels conveyed to others, any application to amend the Final Plat that proposes to alter the layout or size of any street, alley, or other accessway, or any open space, shall be submitted by the owners of all the lots or parcels shown on the originally approved and recorded Final Plat. Applications seeking to modify a single lot line or other modifications not affecting streets or open space areas shall not require application of all owners within the Final Plat.
   5. 5.
      Acceptance of Dedications
      Approval of a Final Plat and recordation of the plat with the Cumberland County Register of Deeds shall, unless otherwise specified on the plat, constitute the acceptance of the dedication to public use of any right-of-way, easements, completed public improvements, and public parks or open space as shown on the Final Plat. This acceptance of dedication shall not constitute or imply a responsibility of the City or other public agency to open or maintain such right-of-way, easements, public improvements, or parks or open space until so determined by the City Council or other public agency.
6. f.
   Subdivision Exemption

   1. 1.
      Procedure

      1. a.
         Basic Procedures
         Except as modified by Sections 30-2.C.6.f.1.b—f below, procedures and requirements for the submission, completeness determination, review, recommendation, hearing, and decision on applications are as established in Section 30-2.B, Common Review Procedures.
      2. b.
         Review and Action by City Manager
         The City Manager shall review and take action on the application in accordance with the procedures of Section 30-2.B.9, Decision by Technical Review Committee or City Manager, and the standards in Section 30-2.C.6.f.2, Subdivision Exemption Standards.
      3. c.
         Notification to Applicant

         1. 1.
            If the City Manager determines that the division of land does not constitute a subdivision and therefore is exempt from the City's subdivision regulations, the notification of the decision shall be provided to the applicant in accordance with Section 30-2.B.17, Notification to Applicant, shall require that any plat showing the division and proposed to be recorded with the Cumberland County Register of Deeds be submitted to the City Manager for certification required by Section 30-2.C.6.f.1.e, Certification, before the plat is recorded.
         2. 2.
            If the City Manager determines that the division of land constitutes a subdivision and therefore is not exempt from the subdivision requirements of this Ordinance, the notification shall state the division of land is subject to the subdivision requirements of this Ordinance and shall refer the applicant to Section 30-2.C.6, Subdivision Plan.
      4. d.
         Appeal
         An appeal from the City Manager's decision on a Subdivision Exemption application shall be reviewed and decided by the Planning Commission in accordance with Section 30-2.B.18, Appeal.
      5. e.
         Certification
         If the applicant proposes to record a plat showing a land division determined to be exempt from the subdivision requirements of this Ordinance, the applicant shall first submit the plat to the City Manager, who shall enter onto the plat a signed certification that the plat does not constitute a subdivision subject to approval by the City.
      6. f.
         Recordation
         If the applicant records a plat certified as exempt from the subdivision requirements of this Ordinance, the applicant shall provide proof of recording to the City Manager within 30 days after the date of certification, or the determination of subdivision exemption shall expire.
   2. 2.
      Subdivision Exemption Standards
      Pursuant to North Carolina Gen. Stats. 160D-802, a Subdivision Exemption shall be approved only upon a finding that the division of land is:

      1. a.
         A combination or recombination of portions of previously platted lots where the total number of lots is not increased and the resultant lots meet or exceed the minimum standards of this Ordinance;
      2. b.
         A division of land into parcels greater than five acres in area where no street right-of-way dedication is involved;
      3. c.
         The public acquisition by purchase of strips of land for the widening or opening of streets;
      4. d.
         A division of land under single ownership that is two acres or less in area into three or fewer lots that meet the minimum standards of this Ordinance, where no street right-of-way dedication is involved; or
      5. e.
         The division of a tract into parcels in accordance with the terms of a probated will or in accordance with intestate succession under Chapter 29 of the North Carolina General Statutes.

(Ord. No. S2021-016, § 1, 05/10/2021)

Effective on: 11/18/2013

1. a.
   Purpose
   A use designated as a special use in a particular zoning district is one that may be appropriate in the district, but because of its nature, extent, and external effects, requires special consideration of its location, design, and methods of operation before it can be deemed appropriate in the district and compatible with its surroundings. The purpose of this section is to establish procedures and standards for review and approval of Special Use Permits that provide for such special consideration.
2. b.
   Applicability
   A Special Use Permit is required for development of any use designated in Table 30-4.A, Use Table, as a special use in the zoning district where proposed.
3. c.
   Initiation
   An application for a Special Use Permit may be initiated by any person who may submit applications in accordance with Section 30-2.B.1, Authority to File Applications.
4. d.
   Procedure

   1. 1.
      Basic Procedures
      Except as modified by Sections 30-2.C.7.d.2—7 below, procedures and requirements for the submission, completeness determination, review, recommendation, hearing, and decision on applications are as established in Section 30-2.B, Common Review Procedures.
   2. 2.
      Application May Include Vested Rights Request
      As provided by North Carolina Gen. Stats. 160D-108.1, an applicant may establish a vested right pursuant to a site-specific vesting plan, provided that the plan meets the requirements of Section 30-1.I.1, Site-Specific Vesting Plan. The applicant may submit a site-specific vesting plan to establish a vested right concurrently with the application for a Special Use Permit or after the approval of a Special Use Permit provided that the underlying Special Use Permit remains valid and unexpired.

      1. a.
         If an applicant submits a site-specific vesting plan and requests approval thereof concurrently with the application for a Special Use Permit, then the request shall be included in the same review, notice and hearing as for the Special Use Permit application.
      2. b.
         If an applicant submits a site-specific vesting plan for approval at any time after the approval of the underlying Special Use Permit, then a legislative hearing with notice as required by North Carolina Gen. Stats. 160D-602 shall be held.
   3. 3.
      Review by Technical Review Committee
      Before completion of the staff report, the Special Use Permit application shall be reviewed by the Technical Review Committee, who may suggest revisions consistent with the provisions of Section 30-2.C.7.e, Special Use Permit Standards.
   4. 4.
      Public Hearing, Review, and Action by City Council
      Following the review of the application by the staff and the Technical Review Committee, the City Council shall conduct an evidentiary hearing on the application in accordance with Section 30-2.B.12., Public Notification, and Section 30-2.B.14., Public Evidentiary Hearing Procedures (Quasi-Judicial Decisions), and Section 30-2.B.15., Action by Decision-Making Board (Decisions). The City Council, by a majority vote of a quorum present, shall take one of the following actions based on the standards in Section 30-2.C.7.e., Special Use Permit Standards:

      1. a.
         Approval of the application as submitted;
      2. b.
         Approval of the application subject to conditions agreed to by the applicant;
      3. c.
         Denial of the application; or
      4. d.
         Remand of the application back to the Staff for additional information.
   5. 5.
      Conditions of Approval
      In approving a Special Use Permit, the City Council may impose appropriate conditions on the approval in accordance with Section 30-2.B.16, Conditions of Approval; provided that only those conditions to which the landowner and applicant, if different, agree(s) to in writing shall be included in the approval. Pursuant to North Carolina Gen. Stats. 160D-705(c), the City Council shall not impose conditions or requirements for which it does not have authority, including, without limitation, taxes, impact fees, building design elements within the scope of North Carolina Gen. Stats. 160D-702(b), driveway-related improvements in excess of those allowed in G.S. 136-18(29) and G.S. 160A-307, or other unauthorized limitations on the development or use of land.
   6. 6.
      Permit Issuance 
      If the application is approved, the City Manager shall prepare a Special Use Permit identifying the site and approved plans and documents and listing any conditions of approval, and shall issue the permit to the applicant in accordance with the City Council's decision.
   7. 7.
      Expiration

      1. a.
         General

         1. 1.
            The City Council may prescribe a time limit within which a Building Permit for the development authorized by a Special Use Permit shall be obtained. Failure to obtain a Building Permit within the specified time limit shall void the Special Use Permit.
         2. 2.
            Unless specified otherwise by the City Council, a Special Use Permit shall automatically expire if a Building Permit for the development authorized by the Special Use Permit is not obtained within one year after the date of issuance of the Special Use Permit, or if the development authorized by the Special Use Permit is discontinued and not resumed for a period of one year.
      2. b.
         Extension
         Upon written request submitted at least 30 days before expiration of the time period provided in accordance with Section 30-2.C.7.d.7.a above, and upon a showing of good cause, the City Manager may grant one extension not to exceed six months. Failure to submit a written request for an extension within the time limits established by this section shall result in the expiration of the Special Use Permit.
5. e.

   Special Use Permit Standards
   A Special Use Permit shall be approved only upon a finding that the applicant demonstrates that all of the following standards are met: 

   1. 1.

      The special use complies with all applicable standards, conditions, and specifications in this Ordinance, including in Section 30-4.C, Use-Specific Standards;

   2. 2.

      The special use will be in harmony with the area in which it is located;

   3. 3.

      The special will not materially endanger the public health or safety if located where proposed and developed according to the plan as submitted and approved;

   4. 4.

      The special use is in general conformity with the City's adopted land use plans and policies;

   5. 5.

      The special us will not substantially injure the value of the abutting land, or the special use is a public necessity; and

   6. 6.

      The special use complies with all other relevant City, State, and Federal laws and regulations.

6. f.

   Effect of Approval
   A Special Use Permit shall authorize only the particular special use and associated development that is approved. A Special Use Permit, including any approved plans and conditions, shall run with the land and shall not be affected by a change in ownership, unless specifically conditioned as part of the approval. Special uses shall meet all applicable federal and state requirements for location and operation. Failure to maintain compliance with federal and state requirements may result in the revocation of the Special Use Permit by the City Manager.

7. g.

   Amendments
   After a Special Use Permit has been issued, no changes or deviations from the terms of the application or the approval shall be made without written approval of the proposed changes or deviations. Except for minor modifications, as provided in Section 30-2.C.16., Administrative Adjustment, any change or deviation shall be subject to the same review procedure and approval standards as required for the initial approval. Changes in the permitted uses or density of the overall development are not minor modifications.

(Ord. No. S2011-013, § 1.8, 11-28-2011; Ord. No. S2021-005, §§ 1, 2, 04/26/2021; Ord. No. S2021-012, § 6, 05/10/2021; Ord. No. S2021-021, §§ 1, 2, 05/10/2021; Ord. No. S2021-023, §§ 1, 3, 05/10/2021; Ord. No. S2022-030, § 1, 09/26/2022)

Effective on: 11/18/2013

1. a.
   Purpose
   The purpose of this section is to provide for the review of development, alteration, or demolition of landmark historic structures, buildings, and sites, as well as for the historic structures, buildings, and sites (to include new construction) within the Local Historic Overlay District by the Historic Resources Commission in accordance with the procedures and standards of this Ordinance and the Design Guidelines for Fayetteville's Historic Districts and Local Landmarks.
2. b.
   Applicability

   1. 1.
      General

      1. a.
         Unless otherwise exempted by Section 30-2.C.8.b.2, Exemptions, no exterior portion of any building or other structure, including masonry walls, fences, light fixtures, steps and pavement, other appurtenant features, any aboveground utility structure, or any type of outdoor advertising sign shall be erected, altered, restored, moved or demolished on designated landmark historic structures, buildings, and sites or other historic buildings, structures, features, sites, or surroundings within the Local Historic Overlay District, and no Building Permit for such development shall be issued, until an application for a Certificate of Appropriateness as to exterior features is submitted to and approved by the Historic Resources Commission in accordance with this section.
      2. b.
         Where a Certificate of Appropriateness is required for exterior work that does not require a Building Permit, no work shall occur until the project is submitted to, and receives a written Certificate of Appropriateness from, the Historic Resources Commission in accordance with this section.
   2. 2.
      Exemptions
      The following is exempt from the requirements of this section:

      1. a.
         The ordinary maintenance or repair of any exterior architectural feature that does not involve a change in design, materials, or outer appearance;
      2. b.
         The ordinary maintenance or repair of streets, sidewalks, pavement markings, street signs, or traffic signs;
      3. c.
         The construction, reconstruction, alteration, restoration, or demolition of any such feature which the building inspector or the City Manager certifies the activity is required for the public's safety because of an unsafe or dangerous condition; and
      4. d.
         The maintenance of any aboveground utility structure or the immediate restoration of such a structure in the event of an emergency.
3. c.
   Initiation
   An application for a Certificate of Appropriateness shall be initiated by any person having authority to file an application in accordance with Subsection 30-2.B.1, Authority to File Applications.
4. d.
   Procedure

   1. 1.
      Basic Procedures
      Except as modified by Sections 30-2.C.8.d.2—7 below, procedures and requirements for the submission, completeness determination, review, recommendation, hearing, and decision on applications are as established in Section 30-2.B, Common Review Procedures.
   2. 2.
      Review and Action on Minor Works by City Manager

      1. a.
         Applications for a Certificate of Appropriateness for minor work or activity as defined by this Ordinance may be reviewed and approved by the City Manager or his/her designee as an administrative decision. However, no application for a certificate of appropriateness may be denied without formal action by the Historic Resources Commission.
      2. b.
         Other than administrative decisions on Minor works, decisions on Certificates of Appropriateness are quasi-judicial and shall follow the procedures described in Section 30-2.B.14.
   3. 3.
      Review and Action by Historic Resources Commission
      For all other Certificate of Appropriateness applications other than administrative decisions on Minor works, following staff review, the Historic Resources Commission shall conduct an evidentiary hearing on the application in accordance with Section 30-2.B.12, Public Notification, and Section 30-2.B.14, Evidentiary Hearing Procedures (Quasi-Judicial Decisions). After close of the hearing, the Historic Resources Commission shall consider the application, relevant support materials, the staff report, the City Manager's comments, and any testimony or evidence given at the hearing and included in the record. The Historic Resources Commission, by a majority vote of a quorum present, shall take one of the following actions based on the standards in Section 30-2.C.8.e, Certificate of Appropriateness Standards:

      1. a.
         Approval of the application as submitted;
      2. b.
         Approval of the application subject to conditions; or
      3. c.
         Denial of the application
   4. 4.
      Demolition

      1. a.
         The Historic Resources Commission may deny an application for a Certificate of Appropriateness authorizing the demolition or destruction of a building, site, or structure within the Historic/Landmark Overlay District determined by the State Historic Preservation Officer as having statewide significance as defined in the criteria of the National Register of Historic Places except where the Historic Resources Commissions finds that the owner would suffer extreme hardship or be permanently deprived of all beneficial use or return if demolition were denied.
      2. b.
         An application for a Certificate of Appropriateness authorizing the relocation, demolition, or destruction of a designated landmark or a building, structure, or site within the Local Historic Overlay District may not be denied, except as provided in subsection a. of this section. The Historic Resources Commission, however, may delay the effective date of a Certificate of Appropriateness for such demolition, removal, or destruction for up to 365 days from the date of approval. The maximum period of delay authorized by this section shall be reduced by the Historic Resources Commission where it finds that the owner would suffer extreme hardship or be permanently deprived of all beneficial use of or return from such property by virtue of the delay. The Commission shall use such time to negotiate with the owner and with any other parties to find a means of preserving the building or site.
      3. c.
         If the Historic Resources Commission finds that a building or site within the Local Historic Overlay District has no special significance or value toward maintaining the character of the district, it shall waive all or part of such period and authorize earlier demolition or removal.
   5. 5.
      Conditions of Approval
      In approving a Certificate of Appropriateness application, the Historic Resources Commission may impose appropriate conditions on the approval in accordance with Section 30-2.B.16, Conditions of Approval.
   6. 6.
      Appeal

      1. a.
         If the decision involves property owned by the State, the State and its agencies may appeal to the North Carolina Historical Commission or any successor agency assuming its responsibilities under N.C.G.A. 121-12(a) upon filing such an appeal within 30 days from receipt from receipt of the written notice. The decision of the State Historical Commission shall be final and binding upon both the State Historical Commission shall be final and binding upon both the State and the Historic Resources Commission.
      2. b.
         An appeal for all other decisions on Certificate of Appropriateness applications shall be filed within 30 days of the date of the decision, and shall be reviewed and decided by the Zoning Commission, acting as the Board of Adjustment, in accordance with Section 30-2.C.18, Appeal, except that the appeal of the Zoning Commission decision shall be in the nature of certiorari.
   7. 7.
      Expiration

      1. a.
         The Historic Resources Commission may prescribe a time limit within which either the activity or the building permit for the development authorized by the Certificate of Appropriateness shall be secured.  Failure to establish the activity or obtain the building permit shall void the Certificate of Appropriateness. 
      2. b.
         Unless otherwise specified in the Certificate of Appropriateness, the Certificate of Appropriateness shall automatically expire within one year after the date of issuance if the activity or building permit authorized by the Certificate is not secured.
      3. c.
         In cases where a maximum time frame for development is established as a condition of approval, the Certificate of Appropriateness shall expire upon the lapse of the allowable time frame.
   8. 8.
      Extension

Upon written request submitted at least 30 days before expiration of the time period provided in accordance with Section 30-2.C.8.d.7 above, and upon a showing of good cause, the city manager may grant one extension not to exceed six months. Failure to submit a written request for an extension within the time limits established by this section shall result in the expiration of the Certificate of Appropriateness.

1. e.
   Certificate of Appropriateness Standards

   1. 1.
      A Certificate of Appropriateness application shall be approved upon a finding the application complies with the Design Standards for Fayetteville's Historic Districts and Local Landmarks, and is otherwise congruous with the special character of the Historic Overlay District.
2. f.
   Amendment
   A Certificate of Appropriateness may be amended, extended, or modified only in accordance with the procedures and standards established for its original approval.

(Ord. No. S2017-006, § 1, 6-26-2017 corrected; Ord. No. S2021-023, § 1, 05/10/2021; Ord. No. S2025-006, § 1, 02/24/2025)

Effective on: 2/24/2025

1. a.
   Purpose and Intent
   It is the purpose of this section to promote and protect the health, safety and general welfare and enhance the quality of life in Fayetteville by providing guidance and regulation in the removal of trees on any development site. This section is intended to ensure that prior to proceeding with development activities, such as clearing and grubbing of a site or other significant land-disturbing activities taking place on land not yet subject to an approved Site Plan, Subdivision Plan, or Building Permit, the property owner shall be made aware of the substantial benefits of trees and the substantial cost savings in retaining on-site trees that will meet the City's development regulations for the establishment of a tree save area over the cost of having to replant and restore a portion of what was unknowingly removed.
   
   The purpose of a Clear-Cutting Permit is to:

   1. 1.
      Retain significant trees that contribute to the city's visual and aesthetic quality and ensure that significant trees are not unknowingly eliminated without appropriate consideration;
   2. 2.
      Ensure that the property owner is made aware of the value existing trees give to a development and the substantial cost savings associated with retaining trees that will meet the City's development regulations over the cost of having to replant and restore a portion of what was unknowingly removed;
   3. 3.
      Retain a buffer of naturally existing vegetation along all boundaries of the property to protect adjacent properties from harmful effects and exposure unless it is the intent of the applicant to submit a site plan, subdivision plan or building permit within six months of the clearing;
   4. 4.
      Retain a percentage of tree canopy in furtherance of the city's effort to maintain and restore tree canopy coverage across the city;
   5. 5.
      Enhance air and water quality;
   6. 6.
      Minimize heat and noise impacts; and
   7. 7.
      Minimize soil erosion and flooding.
2. b.
   Applicability

   1. 1.
      General

   1. 1.
      Except for development exempted in accordance with Section 30-2.C.9.b.2, Exemptions, a Clear-Cutting Permit, approved in accordance with the procedures and standards of this section and Section 30-5.B.6, Tree Preservation; Section 30-5.B.7, Tree Preservation Incentives; and Section 30-5.B.8, Tree Protection During Construction, is required before any clear-cutting or significant land-disturbing activities that would impact healthy trees.
   2. 2.
      Exemptions
      The following activities are exempt from the requirement to obtain a Clear-Cutting Permit:

      1. a.
         The removal of vegetation by public or private agencies, including the PWC, within the lines of any right-of-way, easement, or other City-owned lands as may be necessary to ensure public safety.
      2. b.
         Land disturbing activities undertaken on land under agricultural, horticultural, or forestry production and taxed at present-use value in accordance with Sections 105-277.2 through 277.7 of the North Carolina General Statutes.
      3. c.
         The removal of a severely diseased, dead or dying tree.
      4. d.
         Exemptions included under Section 30-5.B.6 Tree Preservation
3. c.
   Initiation
   An application for a Clear-Cutting Permit may be initiated by any person who may submit applications in accordance with Section 30-2.B.1, Authority to File Applications.
4. d.
   Procedure

   1. 1.
      Basic Procedures
      Except as modified by Sections 30-2.C.9.d.2-4 below, procedures and requirements for the submission, completeness determination, review, recommendation, and decision on applications are as established in Section 30-2.B, Common Review Procedures.
   2. 2.
      Review and Action by City Manager
      The city manager shall review and take action on the application in accordance with the procedures of Section 30-2.B.9, Decision by Technical Review Committee or City Manager, and the standards in Section 30-2.C.9(e), Clear-Cutting Permit Standards.
   3. 3.
      Conditions of Approval
      In approving a Clear-Cutting Permit, the city manager may impose appropriate conditions on the approval in accordance with Section 30-2.B.16, Conditions of Approval.
   4. 4.
      Appeal
      An appeal from the city manager's decision on a Clear-Cutting Permit application shall be reviewed and decided by the Zoning Commission in accordance with Section 30-2.C.18, Appeal.
5. e.
   Clear-Cutting Permit Standards
   A Clear-Cutting Permit shall be approved only upon a finding that all of the following standards are met:

   1. 1.
      No trees proposed for removal are located in areas off limit to development, such as conservation easements, dedicated open space or tree save areas, floodplains, stream buffers and wetlands;
   2. 2.
      No trees proposed for removal are greater than 30 inches in caliper (see Section 30-5.B.6.e, Specimen Trees Identified) or if specimen trees are proposed to be removed, then the applicant shall submit with the application, a survey illustrating the location, species, size and condition of the specimen tree(s), along with a compelling argument why such tree(s) should be removed (see Section 30-5.B.6, Tree Preservation). Approval shall be at the discretion of the city manager. If approved, a removal fee of $50 per caliper inch shall be paid to the city;
   3. 3.
      No trees proposed for removal are located within the following buffer yards:

      1. a.
         30-foot wide buffer along all boundaries of the property that adjoin other properties, exclusive of areas required for access connection to adjoining sites; and
      2. b.
         50-foot buffer along public rights-of-way or private streets, exclusive of areas required for access to the site or connection to adjoining sites;
      3. c.
         Alternately, such buffers may be replaced with the installation of a Type D buffer along boundaries of the property that adjoin other properties where buffers are required and the installation of a 25 foot wide street yard buffer along public rights-of-way or private streets that adjoin the property, with said buffer and street yard installed in accordance with the materials and specifications of Section 30-5.B, or the property owner agrees to submit a site plan for the development of the property within six months of the date of initiation of clear-cutting. It shall be a violation of this Section if a site plan is not submitted or the applicable buffer and street yard is not installed within six months of the initiation of clear-cutting.
   4. 4.
      Plans describe proposed tree barriers and Identify the extent and location of all tree protection zones (at the appropriate scale), to ensure that any tree qualifying under (1), (2), and/or (3) above, are protected from damage, consistent with the requirements of Section 30-5.B.8, Tree Protection During Construction.
6. f.
   Clearing in Violation
   Failure to obtain a Clear-Cutting Permit prior to tree removal, or to abide by its conditions, including damage to any tree in a tree save area, or damage to any tree in a tree protection zone established as part of a Clear-Cutting Permit is a violation of this Ordinance and subject to the remedies and penalties in this section and Article 30-8: Enforcement. In addition, trees damaged or unlawfully removed shall be replaced with one or more replacement trees, measuring inch-for-inch to the tree(s) removed. The replacement trees shall be replanted within 12 months of the notice.

(Ord. No. S2011-013, § 1.8, 11-28-2011; Ord. No. S2012-016, § 1.1, 9-10-2012; Ord. No. S2013-015, § 1.0, 7-22-2013; Ord. No. S2013-026, § 1.0, 10-28-2013; Ord. No. S2015-018, § 1, 12-14-2015; Ord. No. S2019-011, 1, 04/23/2019; Ord. No. S2023-008, § 1, 03/23/2023)

Effective on: 12/14/2015

1. a.
   Applicability
   The provisions of this section shall apply to all proposed temporary uses as set forth in Section 30-4.E, Temporary Use Standards.
2. b.
   Procedure

   1. 1.
      Basic Procedures
      Except as modified by Sections 30-2.C.10.b.2—5 below, procedures and requirements for the submission, completeness determination, review, recommendation, and decision on applications are as established in Section 30-2.B, Common Review Procedures.
   2. 2.
      Review and Action by City Manager
      The City Manager shall review and take action on the application in accordance with the procedures and requirements of Section 30-2.B.9, Decision by Technical Review Committee or City Manager, and the standards in Section 30-2.C.10.c, Temporary Use Permit Standards.
   3. 3.
      Conditions of Approval
      In approving a Temporary Use Permit, the City Manager may impose appropriate conditions on the approval in accordance with Section 30-2.B.16, Conditions of Approval.
   4. 4.
      Appeal
      An appeal from the City Manager's decision on a Temporary Use Permit application shall be reviewed and approved by the Zoning Commission in accordance with Section 30-2.B.18, Appeal.
   5. 5.
      Expiration
      A Temporary Use Permit shall be effective beginning on the date specified in the permit approval and shall remain effective only for the period indicated on the permit.
3. c.
   Temporary Use Permit Standards
   A Temporary Use Permit shall be approved only upon a finding that the temporary use, as proposed, complies with the relevant standards in Section 30-4.E, Temporary Use Standards.
4. d.
   Amendment
   A Temporary Use Permit may be amended, extended, or modified only in accordance with the procedures and standards established for its original approval.

(Ord. No. S2015-018, § 1, 12-14-2015)

Effective on: 12/14/2015

1. a.
   Purpose
   The purpose of this section is to provide a uniform mechanism for reviewing applications for Sign Permits to ensure all signs comply with the standards in Section 30-5.L, Signage.
2. b.
   Applicability
   No sign, except those exempted in accordance with Section 30-5.L.5 Exempt Signs, shall be erected, placed, constructed, or structurally altered without a Sign Permit approved by the City Manager in accordance with the section and the standards in Section 30-5.L Signage.
3. c.
   Initiation
   An application for a Sign Permit may be initiated by any person who may submit applications in accordance with Section 30-2.B.1, Authority to File Applications.
4. d.
   Procedure

   1. 1.
      Basic Procedures
      Except as modified by Sections 30-2.C.11.d.2—5 below, procedures and requirements for the submission, completeness determination, review, recommendation, hearing, and decision on applications are as established in Section 30-2.B, Common Review Procedures.
   2. 2.
      Review and Action by City Manager
      The City Manager shall review and take action on the application in accordance with the procedures of Section 30-2.B.9, Decision by Technical Review Committee or City Manager, and the standards in Section 30-2.C.11.e, Sign Permit Standards.
   3. 3.
      Conditions of Approval
      In approving a Sign Permit, the City Manager may impose appropriate conditions on the approval in accordance with Section 30-2.B.16, Conditions of Approval.
   4. 4.
      Appeal
      An appeal from a decision of the City Manager to approve a Sign Permit shall be reviewed and decided by the Zoning Commission in accordance with Section 30-2.C.18, Appeal.
   5. 5.
      Expiration
      The Sign Permit shall automatically expire if the activity it authorizes is not commenced within six months after issuance of the Sign Permit.
5. e.
   Sign Permit Standards
   A Sign Permit shall be approved only upon a finding the application complies with the standards in Section 30-5.L, Signage, all relevant standards of this Ordinance, and any other applicable City requirements and applicable conditions of approval.

(Ord. No. S2013-002, §§ 6a, 6b, 2-11-2013; Ord. No. S2015-018, § 1, 12-14-2015)

Effective on: 12/14/2015

1. a.
   Purpose

   1. 1.
      Building Permits are approved and issued by the City Manager in accordance with Sections 160D-403 and 160D-1110 of the North Carolina General Statutes and the North Carolina State Building Code. The Building Permit is intended to certify that the proposed construction, moving, alteration, or repair of structures complies with the construction standards in the State Building Code and with all other applicable state and local laws - including this Ordinance. The Building Permit thus serves as a method to check and verify a structure's compliance with the requirements of this Ordinance.
   2. 2.
      Administrative Zoning Permits are approved and issued by the City Manager in accordance with this Ordinance and Section 160D-301 of the North Carolina General Statutes. The Zoning Permit is intended to ensure compliance for setbacks, types of uses, height, parking requirements, design, and similar concerns that are specifically regulated by this Ordinance.
2. b.
   Applicability

   1. 1.
      Building Permit: No construction, reconstruction, alteration, repair, movement to another site, removal, or demolition of any building or structure may occur until a Building Permit has been applied for and issued in accordance with this section and the State Building Code.
   2. 2.
      Administrative Zoning Permit: A zoning permit is required prior to the commencement of the following activities for which a permit is required:

      1. i.
         Yard Sale
      2. ii.
         Temporary Uses
      3. iii.
         Sidewalk Entertainment
      4. iv.
         Pushcarts (Food/Drink and Non-Food)
      5. v.
         Outdoor Dining and/or Merchandise Area
      6. vi.
         Clear Cutting
      7. vii.
         Installation of Accessory Buildings (Sheds/Garages)
      8. viii.
         Installation of Fences
3. c.
   Procedure

   1. 1.
      Generally
      Building Permits: The procedures applicable to the review and approval of applications for Building Permits are established in Section 204.3 of the Administrative Code and Policies portion of the State Building Code.
      Administrative Zoning Permits: An application for a zoning permit shall be filed with the Development Services Department. The City Manager shall review the application and determine whether to approve, approve with modifications, or deny the application based on compliance with the standards set forth in this Ordinance.
   2. 2.
      Basic Procedures
      Except as modified by Sections 30-2.C.12.3.c.3 through 5 below, procedures and requirements for the submission, completeness determination, review, recommendation, and decision on applications are as established in Section 30-2.B, Common Review Procedure.
   3. 3.
      Review and Action by City Manager
      The City Manager shall review and take action on the application in accordance with the procedures of Section 30-2.B.9, Decision by Technical Review Committee or City Manager, and the standards in Section 30-2.C.12.d, Building Permit Review  Standards.
   4. 4.
      Appeal
      Building Permits: In accordance with Section 160D-1127 of the North Carolina General Statutes, an appeal from a decision on a Building Permit application shall be appealed to the North Carolina Commissioner of  Insurance.
      Administrative Zoning Permits: An appeal from a decision on a zoning permit shall comply with Section 30-2.C.18 of this Ordinance.
   5. 5.
      Expiration
      Pursuant to North Carolina Gen. Stats. 160D-1111, a permit shall automatically expire if the work authorized by the Building Code and/or this Ordinance is not commenced within six months after the date of issuance of the permit. If, after commencement, the work is discontinued for a period of 12 months, the permit shall immediately expire. No work authorized by any building permit that has expired shall thereafter be performed until a new permit has been secured. 
4. d.
   Building Permit Review Standards
   In addition to compliance with the State Building Code, the City Manager shall approve a Building Permit only upon a finding that the proposed construction or other work complies with all relevant standards of this Ordinance and the terms and conditions of development permits or approvals granted in accordance with this Ordinance.

(Ord. No. S2018-008, § 1, 03-26-2018; Ord. No. S2021-020, § 4, 05/10/2021; Ord. No. S2021-023, § 3, 05/10/2021; Ord. No. S2025-015, § 1, 06/23/2025)

Effective on: 6/23/2025

1. a.
   Purpose
   The Certificate of Occupancy is intended to ensure that completed development has complied with all of the applicable standards of the current North Carolina Building Code and the regulations of this Ordinance.
2. b.
   Applicability
   No land, newly erected building or structure, or existing building or structure that has been moved or enlarged or changed in use shall be occupied or used until a Certificate of Occupancy is approved and issued in accordance with this section, certifying that the land, building, or structure and its use complies with this Ordinance.
3. c.
   Initiation
   An application for a Certificate of Occupancy may be initiated by any person who may submit applications in accordance with Section 30-2.B.1, Authority to File Applications.
4. d.
   Procedure

   1. 1.
      Basic Procedures
      Except as modified by Sections 30-2.C.13.d.2—4 below, procedures and requirements for the submission, completeness determination, review, recommendation, and decision on applications are as established in Section 30-2.B, Common Review Procedures.
   2. 2.
      Review and Action by City Manager
      The City Manager shall review and take action on the application in accordance with the procedures of Section 30-2.B.9, Decision by Technical Review Committee or City Manager, and the standards in Section 30-2.C.13.e, Cer tificate of Occupancy Standards.
   3. 3.
      Conditions of Approval
      In approving a Certificate of Occupancy, the City Manager may impose appropriate conditions on the approval in accordance with Section 30-2.B.16, Conditions of Approval.
   4. 4.
      Appeal
      An appeal from the City Manager's decision on a Certificate of Occupancy application, as it pertains to the requirements of this Ordinance shall be reviewed and approved by the Zoning Commission in accordance with Section 30-2.C.18, Appeal. An appeal from a decision on a Certificate of Occupancy application as it pertains to the State Building Code shall be appealed to the North Carolina Commissioner of Insurance.
5. e.
   Certificate of Occupancy Standards
   A Certificate of Occupancy shall be approved only upon a finding that the land, building, structure, or proposed use complies with all relevant standards of this Ordinance, as well as any other applicable City requirements and applicable conditions of approval, and the State Building Code.
6. f.
   Amendment
   A Certificate of Occupancy may be amended, extended, or modified only in accordance with the procedures and standards established for its original approval.

(Ord. No. S2015-018, § 1, 12-14-2015)

Effective on: 12/14/2015

1. a.
   Purpose
   The purpose of a Variance is to allow certain deviations from the dimensional standards of this Ordinance (such as height, yard setback, lot coverage, or similar numeric standards) when the landowner demonstrates that, owing to special circumstances or conditions beyond the landowner's control (such as exceptional topographical conditions, narrowness, shallowness, or the shape of a specific parcel of land), the literal application of the standards would result in undue and unique hardship to the landowner and the deviation would not be contrary to the public interest. Variances are to be sparingly exercised and only in rare instances or under exceptional circumstances to relieve undue and unique hardships to the landowner. No change in permitted uses or applicable conditions of approval may be authorized by Variance.
2. b.
   Authority
   The Zoning Commission shall review and decide any application for variance from the requirements of this Ordinance in accordance with this section.
3. c.
   Applicability
   The following standards may be varied through the Variance procedure:

   1. 1.
      The maximum height standards, maximum lot coverage standards, minimum yard and setback standards, minimum lot area standards, and minimum lot width standards for each zoning district in Article 30-3: Zoning Districts;
   2. 2.
      The standards in:

      1. a.
         Section 30-5.A, Off-street Parking, Loading, and Circulation;
      2. b.
         Section 30-5.B, Landscaping and Tree Protection Standards;
      3. c.
         Section 30-5.D, Fencing and Walls;
      4. d.
         Section 30-5.E, Exterior Lighting; and
      5. e.
         Section 30-5.L, Signage.
4. d.
   Initiation
   An application for a Variance may be initiated by any person who may submit applications in accordance with Section 30-2.B.1, Authority to File Applications.
5. e.
   Procedure

   1. 1.
      Basic Procedures
      Except as modified by Sections 30-2.C.14.e.2—5 below, procedures and requirements for the submission, completeness determination, review, recommendation, hearing, and decision on applications are as established in Section 30-2.B, Common Review Procedures.
   2. 2.
      Review and Action by Board of Adjustment

      1. a.
         Following receipt of the application from the City Manager, staff review, and preparation of a staff report, the Board of Adjustment shall conduct an evidentiary hearing on the application in accordance with Section 30-2.B.12, Public Notification, Section 30-2.B.14, Evidentiary Hearing Procedures (Quasi-Judicial Decisions). After close of the hearing, the Board of Adjustment shall consider the application, relevant support materials, and any testimony or evidence given at the hearing and included in the record. The Board of Adjustment shall take one of the following actions, based on the standards in Section 30-2.C.14.f, Variance Standards:

         1. 1.
            Approval of the application as submitted;
         2. 2.
            Approval of the application subject to conditions; or
         3. 3.
            Denial of the application.
      2. b.
         Granting a Variance shall require an affirmative vote of at least four-fifths of the members of the Board of Adjustment who are eligible to vote.
      3. c.
         The decision shall be signed by the chair or other duly authorized member of the board and filed with the clerk to the board at which point the decision becomes effective. The decision 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. The person required to provide notice shall certify that proper notice has been given.
   3. 3.
      Conditions of Approval
      In approving a Variance, the Board of Adjustment may impose appropriate conditions on the approval in accordance with Section 30-2.B.16, Conditions of Approval.
   4. 4.
      Appeal
      Any appeal from a decision by the Zoning Commission on a Variance application shall be to the Superior Court for Cumberland County by petition for a writ of certiorari pursuant to G.S. 160D-1402. Any petition to the Superior Court shall be filed with the Clerk of Court no later than 30 days after the later of: the date the decision of the Zoning Commission is filed in the Planning and Zoning Division, or after the date a written copy of the decision is delivered in accordance with Section 30-2.C.14(e)(2) (via personal delivery or by registered or certified mail, return receipt requested, or by first class mail). When first class mail is used to deliver notice, three days shall be added to the time to file the petition.
   5. 5.
      Expiration

      1. a.
         Except where required as a pre-requisite for a Site Plan associated with new development, an approved and recorded Variance shall run with the land. In cases where a Variance is a pre-requisite to Site Plan approval, failure of an applicant to apply for a Building Permit and commence construction within one year of receiving Variance approval shall automatically render the decision of the Zoning Commission null and void. Such time period shall not be extended with transfer of ownership.
6. f.
   Variance Standards
   A Variance application shall be approved only upon a finding that all of the following standards are met:

   1. 1.
      Strict application of the Ordinance requirements results in practical difficulties and unnecessary hardships; it shall not be necessary to demonstrate that, in the absence of the variance, no reasonable use can be made of the property; and
   2. 2.
      Any practical difficulties or unnecessary hardships result from unique circumstances related to the land, such as location, size, or topography, and are not the result of the actions of the landowner, nor may hardships resulting from personal circumstances as well as hardships resulting from conditions that are common to the neighborhood or the general public be the basis for granting a variance; and
   3. 3.
      The Variance is the minimum action that will make possible a reasonable use of land or structures; and
   4. 4.
      The Variance is in harmony with the general purpose and intent of this Ordinance and preserves its spirit; and
   5. 5.
      In the granting of the Variance, the public safety and welfare have been assured and substantial justice has been done.
7. g.
   Insufficient Justification for Variance
   The following does not constitute grounds for a Variance:

   1. 1.
      The siting of other nonconforming or conforming uses of land or structures in the same or other districts;
   2. 2.
      The request for a particular use expressly, or by inference, prohibited in the district; or
   3. 3.
      Economic hardship or the fact that property may be utilized more profitably with a Variance.
8. h.
   Subsequent Development
   Development authorized by the Variance shall not be carried out until the applicant has secured all other permits required by this Ordinance or any other applicable provisions of the City. A Variance shall not ensure that the development receiving a Variance receives subsequent approval for other applications for development unless the relevant and applicable portions of this Ordinance or any other applicable provisions are met.
9. i.
   Amendment
   A Variance may be amended, extended, or modified only in accordance with the procedures and standards established for its original approval.

(Ord. No. S2012-016, § 1.2, 9-10-2012; Ord. No. S2014-004, §§ 3b, 5, 1-13-2014; Ord. No. S2015-018, § 1, 12-14-2015; Ord. No. S2021-023, §§ 1, 3, 05/10/2021; Ord. No. S2023-005, § 1, 03/23/2023)

Effective on: 12/14/2015

1. a.
   Purpose
   The purpose of a Subdivision Waiver is to allow certain deviations from Article 30-6: Subdivisions, when the landowner demonstrates that, owing to special circumstances or conditions beyond the landowner's control (such as exceptional topographical conditions, narrowness, shallowness, or the shape of a specific parcel of land), the literal application of the standards would result in undue and unique hardship to the landowner and the deviation would not be contrary to the public interest. Subdivision Waivers are to be sparingly exercised and only in rare instances and under exceptional circumstances to relieve undue and unique hardship to the owner.
2. b.
   Initiation
   An application for a Subdivision Waiver may be initiated by any person who may submit applications in accordance with Section 30-2.B.1, Authority to File Applications.
3. c.
   Procedure

   1. 1.
      Basic Procedures
      Except as modified by Sections 30-2.C.15.c.2—5 below, procedures and requirements for the submission, completeness determination, review, recommendation, hearing, and decision on applications are as established in Section 30-2.B, Common Review Procedures.
   2. 2.
      Review by Technical Review Committee
      Before completion of the staff report, the Subdivision Waiver application shall be reviewed by the Technical Review Committee, who may suggest revisions consistent with the provisions of Section 30-2.C.15.d, Subdivision Waiver Standards.
   3. 3.
      Public Hearing, Review, and Action by City Council
      Following staff review, the City Council shall conduct an evidentiary hearing on the application in accordance with Section 30-2.B.12, Public Notification, and Section 30-2.B.14, Public Evidentiary Hearing Procedures (Quasi-Judicial Decisions), and Section 30-2.B.15, Action by Decision-Making Board (Decisions). The City Council, by a majority vote of a quorum present, shall take one of the following actions, based on the standards in Section 30-2.B.15.d, Subdivision Waiver Standards:

      1. a.
         Approval of the application as submitted;
      2. b.
         Approval of the application subject to conditions;
      3. c.
         Denial of the application; or
      4. d.
         Remand of the application back to Staff for additional information.
   4. 4.
      Conditions of Approval
      In approving a Subdivision Waiver, the City Council may impose appropriate conditions on the approval in accordance with Section 30-2.B.16, Conditions of Approval.
4. d.
   Subdivision Waiver Standards

   1. 1.
      Strict application of the Ordinance's subdivision requirements results in practical difficulties and unnecessary hardships; and
   2. 2.
      Any practical difficulties or unnecessary hardships result from topographical or other conditions peculiar to the land, and are not the result of the actions of the landowner; and
   3. 3.
      Granting the Subdivision Waiver would not destroy the intent of the requirements being waived.
5. e.
   A Subdivision Waiver of the standards of Article 30-6: Subdivisions, shall be approved only upon a finding that all of the following standards are met:

(Ord. No. S2011-013, § 1.8, 11-28-2011; Ord. No. S2021-005, §§ 3, 4, 04/26/2021)

Effective on: 11/18/2013

1. a.
   Purpose
   The purpose of this section is to provide an administrative mechanism for allowing minor modifications, which are minimal variations, or adjustments, to certain numerical or other standards of the zoning provisions based on very specific criteria, with the intent of providing relief where application of a standard creates practical difficulties in allowing development that otherwise advances the purposes served by the standards and is compatible with the area. Administrative Adjustments of numerical standards shall not exceed ten percent unless explicitly provided for in this Chapter.
2. b.
   Applicability

   1. 1.
      Administrative Adjustments may be requested and granted for minor modifications to special use permits, development approvals, and conditional rezoning (conditional districts) as provided by North Carolina Gen. Stats. 160D-403(d), 160D-703(b), and 160D-705(c). Minor modifications allow for deviations from numerical standards of up to ten percent in accordance with Section 30-2.C.16.e, Administrative Adjustment Standards. Furthermore, this section is intended to provide for consideration of alternative designs, solutions or plans to address unusual circumstances, adjustments needed to support critical utility emergency services, and to promote creative design in the pursuit of excellence in development.  As applied to utilities and provision of critical services during emergencies, an Administrative Adjustment may be requested for such standards as outdoor storage and other requirements impacting the ability to provide or restore service during emergencies; conditions to assure safe and attractive facilities relative to surrounding development may be part of the approval.  As applied to separation standards, except when a reduction in the separation standard is explicitly precluded by Section 30-4.C, an administrative adjustment may be requested to include up to a ten percent reduction in separation standards when natural or man-made elements achieve the same intent and effects of the required separation and the requested adjustment are in accordance with Section 30-2.C.16.e.

      1. a.

         Reasonable Accommodations. Administrative Adjustments may include modifications necessary to provide reasonable accommodations for persons with disabilities. The purpose of a reasonable accommodation is to modify a specific development requirement to ensure an individual with a disability has an equal opportunity to use and enjoy a dwelling, consistent with the Federal Fair Housing Act and Americans with Disabilities Act. Reasonable accommodation means providing disabled persons flexibility in the application of regulations and procedures, or even waiving certain requirements, when necessary to eliminate barriers to housing opportunities. Reasonable accommodation does not include an accommodation which would (1) impose an undue financial or administrative burden on the City; or (2) require a fundamental alteration in the nature of the City's land use and zoning program. Disabled person means a person with a physical or mental impairment which substantially limits one or more major life activities; or with a record of such impairment ; or is regarded as having such an impairment. The term "disabled person" does not include a person who is currently using illegal substances, unless he or she has a separate disability. (42 U.S.C. § 3602(h). The standards for deciding a request for an administrative reasonable accommodation are set forth in Section 30-2.C.16.e.7. Reasonable Accommodations for Persons with a Disability, below.

3. c.
   Initiation
   An application for an Administrative Adjustment may be initiated by any person who may submit applications in accordance with Section 30-2.B.1, Authority to File Applications.
4. d.
   Procedure

   1. 1.
      Basic Procedures

      1. a.
         Except as modified by Sections 30-2.C.16.d.1.b.—f. below, procedures and requirements for the submission, completeness determination, review, recommendation, and decision on applications are as established in Section 30-2.B, Common Review Procedures.
      2. b.
         Review by Technical Review Committee
         Before completion of the staff report, the Administrative Adjustment application shall be reviewed by the Technical Review Committee, who may suggest revisions consistent with the provisions of Section 30-2.C.16.e, Administrative Adjustment Standards.
      3. c.
         Review and Action by City Manager
         The City Manager shall review and take action on the application in accordance with the procedures of Section 30-2.B.9, Decision by Technical Review Committee or City Manager, and the standards in Section 30-2.C.16.e, Administrative Adjustment Standards.
      4. d.
         Conditions of Approval
         In approving an Administrative Adjustment, the City Manager may grant a lesser modification than the maximum allowed by this section or requested by an applicant, and may impose appropriate conditions on the approval in accordance with Section 30-2.B.16, Conditions of Approval.
      5. e.
         Appeal
         An appeal from the City Manager's decision on an Administrative Adjustment shall be reviewed and decided by the Zoning Commission in accordance with Section 30-2.C.18, Appeal of Administrative Decisions.
      6. f.
         Expiration

         1. 1.
            In cases where a maximum time frame for development is established as a condition of approval, the Administrative Adjustment shall expire upon the lapse of the allowable time frame, regardless of 1.  and 2. below.
         2. 2.
            If a Building Permit is required, the Administrative Adjustment shall automatically expire if the Building Permit is not issued within six months after the date of issuance of the Administrative Adjustment.
         3. 3.
            In cases where a Building Permit is not required, the Administrative Adjustment shall automatically expire if the activity authorized by the Administrative Adjustment is not commenced within six months of the date of approval of the Administrative Adjustment.
5. e.
   Administrative Adjustment Standards
   Administrative Adjustments shall be approved only upon a finding that the following standards are met:

   1. 1.
      General
      The requested Administrative Adjustment is not inconsistent with the character or intent of development in the surrounding area, as stated in this Ordinance and any applicable plans, and will not result in incompatible uses or unreasonable negative impacts.
   2. 2.
      Mitigates Adverse Impacts
      Any adverse impacts resulting from the Administrative Adjustment will be mitigated, to the maximum extent practicable.
   3. 3.
      Technical Nature
      The Administrative Adjustment is of a technical nature (i.e., relief from a dimensional or design standard), and is:

      1. a.
         Required to compensate for some unusual aspect of the site or the proposed development that is not shared by landowners in general;
      2. b.
         Supporting an objective or goal from the purpose and intent statements of the zoning district where located; 
      3. c.
         Meeting the intent and effect of the separation otherwise required between two uses dues to topographical or other circumstances related to the specific situation; or
      4. d.
         Proposed to save healthy existing trees.
   4. 4.
      Not Substantially Interfere with Use of Adjacent Land
      The Administrative Adjustment will not substantially interfere with the current or intended use of adjacent lands, and will not pose a danger to the public health or safety.
   5. 5.
      Connectivity Index
      Adjustment to the minimum connectivity index score is allowable when it is demonstrated the landowner has attempted to develop a street design that complies with the connectivity index to the maximum extent practicable, but it is reasonably impossible, due to either:

      1. a.
         Topographical or environmental conditions; or
      2. b.
         The limited number of external connections to the site, and the physical features of the site.
   6. 6.
      Commercial, Office, and Mixed-Use Design Standards and Large Retail Development
      Commercial, Office, and Mixed-Use Design Standards and Large Retail design standards may be adjusted when it is determined that the Administrative Adjustment will result in new development that is more consistent with the goals of the comprehensive plan, or other applicable plan, and the purpose and intent of this Chapter than would otherwise result from a strict application of the design standards in Section 30-5.I., Commercial, Office and Mixed-Use Design Standards, and Section 30-5.J., Large Retail Design Standards.
   7. 7.

      Reasonable Accommodations for Persons with a Disability

      An Administrative Adjustment shall be granted, with or without conditions, upon satisfaction of the following criteria:

      1. a.

         The subject housing will be used by a disabled person;

      2. b.

         The requested modification is necessary to make specific housing accessible to a disabled person;

      3. c.

         The requested modification is in general conformity with the stated purposes of this Ordinance;

      4. d.

         The requested modification meets all other applicable zoning, building, drainage, water quality, and safety code requirements;

      5. e.

         The requested modification is required to compensate for some unusual aspect of the site or the proposed development that is not shared by landowners in general ; and

      6. f.

         The requested modification will have no significant adverse impact on the health, safety, or general welfare of surrounding property owners or the general public, or such impacts will be substantially mitigated.

6. f.
   Subsequent Development
   Development authorized by the Administrative Adjustment shall not be carried out until the applicant has secured all other permits required by this Ordinance or any other applicable provisions of the City. An Administrative Adjustment shall not ensure that the development receiving an Administrative Adjustment receives subsequent approval for other applications for development unless the relevant and applicable portions of this Ordinance or any other applicable provisions are met.
7. g.
   Effect of Approval
   Approval of an Administrative Adjustment shall authorize only the particular Administrative Adjustment that is approved. An Administrative Adjustment, including any conditions, shall run with the land and not be affected by a change in ownership.
8. h.
   Amendment
   An Administrative Adjustment may be amended, extended, or modified only in accordance with the procedures and standards established for its original approval.

(Ord. No. S2011-013, § 1.8, 11-28-2011; Ord. No. S2013-014, § 4, 7-22-2013; Ord. No. S2015, § 1, 3-23-2015; Ord. No. S2015-018, § 1, 12-14-2015; Ord. No. S2017-007, § 1, 6-26-2017; Ord. No. S2018-019, § 2, 6-25-2018; Ord. No. S2021-012, § 3, 05/10/2021)

Effective on: 6/26/2017

1. a.
   Purpose
   The purpose of this section is to provide a uniform mechanism for interpreting the provisions of this Ordinance or the Official Zoning Map, whose meaning or application to a particular circumstance may not be readily clear.
2. b.
   Authority
   Interpretations of all provisions of this Ordinance or the Official Zoning Map shall be made by the City Manager, including, but not limited to: interpretations of the text of this Ordinance; interpretations of the zoning district boundaries; interpretations of compliance with a condition of approval; and interpretations of whether an unspecified use falls within a use classification, use category, or use type allowed in a zoning district.
3. c.
   Initiation
   An application for a formal written interpretation may be initiated by the City Council, Planning Commission, Zoning Commission, Historic Resources Commission, any resident or landowner, or any person having a contractual interest in land in the City.
4. d.
   Procedure

   1. 1.

      Basic Procedures
      Except as modified by Sections 30-2.C.17.d.2—5 below, procedures and requirements for the submission, completeness determination, review, recommendation, hearing, and decision on applications are as established in Section 30-2.B, Common Review Procedures.

   2. 2.

      Review and Action by the City Manager
      The City Manager shall review and take action on the application in accordance with the procedures of Section 30-2.B.9, Decision by Technical Review Committee or City Manager, and the standards in Section 30-2.C.17.e, Interpretation Standards.

   3. 3.

      Appeal
      An appeal from a written interpretation from the City Manager shall be reviewed and approved by the Zoning Commission in accordance with Section 30-2.C.18, Appeal.

   4. 4.

      Official Record
      The Planning and Zoning Division shall maintain a record of written interpretations that shall be available for public inspection, upon reasonable request, during normal business hours.

   5. 5.

      Expiration
      A written interpretation shall not expire, but may be overturned or modified by a subsequent written interpretation or an appeal decision, or superseded by a Map Amendment (Rezoning) or a Text Amendment to this Ordinance.

5. e.
   Interpretation Standards
   Interpretation of zoning district boundaries on the Official Zoning Map shall be in accordance with the standards in Section 30-1.G.4, Interpretation of Official Map Boundaries. Interpretations of whether an unspecified use falls within a use type or use category allowable in a zoning district shall be in accordance with the standards in Section 30-4.B.1.d, Interpretation of Unlisted Uses. Interpretations of other text provisions and their application shall be based on the standards in Section 30-9.A, General Rules for Interpretation, and the following considerations:

   1. 1.
      The clear and plain meaning of the provision's wording, as defined by the meaning and significance given specific terms used in the provision, as established in Section 30-9.D, Definitions, and by the common and accepted usage of the term;
   2. 2.
      The intended purpose of the provision, as indicated by purpose statements, its context and consistency with surrounding and related provisions, and any legislative history to its adoption; and
   3. 3.
      The general purposes served by this Ordinance, as set forth in Section 30-1.C, General Purpose and Intent.
6. f.
   Effect of Interpretation
   A written interpretation shall be binding on subsequent decisions by the City Manager, Technical Review Committee, or other City administrative official in applying the same provision of this Ordinance in the same circumstance.

(Ord. No. S2015-018, § 1, 12-14-2015)

Effective on: 12/14/2015

1. a.
   Right of Appeal
   Any aggrieved party affected by

   1. 1.
      an interpretation of the City Manager, or
   2. 2.
      a decision of the Technical Review Committee in administering or enforcing this Ordinance may, in accordance with this section, appeal such interpretation as designated by this Ordinance.
2. b.
   Types of Appeals
   The following appeals of Administrative Decisions shall be heard and decided in accordance with the procedures and standards in this subsection.

   1. 1.
      Appeal of City Manager Decision or Interpretation to the  Zoning Commission
      Except where provided in subsections (2), (3), or (4) below, any person subject to a decision or interpretation by the City Manager in administering this Ordinance may appeal such decision or interpretation to the Zoning Commission.
   2. 2.
      Appeal of City Manager Decision to the Planning Commission
      Any person subject to a decision by City Manager on a Final Plat or Subdivision Exemption may appeal such decision to the Planning Commission.
   3. 3.
      Appeal of Technical Review Committee Decision to the Planning Commission
      Any person subject to a decision by the Technical Review Committee on a Subdivision Plan or Site Plan may appeal such decision to the Planning Commission.
   4. 4.
      Appeal of Technical Review Committee Application of External Street Connection Requirements to City Council
      Any person or aggrieved party subject to the application of the external street connectivity requirements in Section 30-5.F.4.G may appeal such decision to the City Council. Specific procedural standards apply:

      1. a.
         The Technical Review Committee's decision on a new street connection to an existing street or street stub in an existing single-family residential neighborhood may be appealed to the City Council if 25 percent or more of those persons required to receive notice in accordance with Section 30-2.B.12.c.1.b initiate an appeal within 30 days of the date the notice is mailed by the City Manager.
      2. b.
         In cases where a Notice of Appeal of a Technical Review Committee decision on an application of the external street connectivity standards (Section 30-5.F.4.G) is filed, only the applicant for the Site Plan or Subdivision Plan, or a person receiving mailed notice of the new street connection in accordance with Section 30-2.B.12.c. Mailed Notice, shall have standing to appeal the Technical Review Committee decision as an aggrieved party. The Notice of Appeal shall include demonstrated evidence of negative impact.
3. c.
   Initiation
   Pursuant to North Carolina Gen. Stats. 160D-405, appeals of Administrative Decisions are initiated by filing a Notice of Appeal with the Clerk. The Notice of Appeal shall state the grounds for the appeal. Where the appellant is the landowner or other party, the Notice of Appeal shall be filed within 30 days from the appellant's receipt of the written notice of the determination. Any other person with standing to appeal under North Carolina Gen. Stats. G.S. 160D-1402(c) and 160D-405(b) shall have 30 days from receipt from any source of actual or constructive notice of the determination within which to file a Notice of Appeal. (See Section 30-2.B.9.c.3, Notice of Determination.) In the absence of evidence to the contrary, notice given pursuant to Section 30-2.B.9.c.3 and North Carolina Gen. Stats. 160D-403(b) by first-class mail shall be deemed received on the third business day following deposit of the notice for mailing with the United States Postal Service.
4. d.
   Procedure

   1. 1.
      Basic Procedures
      Appeals of Administrative Decisions shall follow quasi-judicial procedures, pursuant to North Carolina Gen. Stats. 160D-406, and as provided in this Ordinance for all provisions applicable to quasi­ judicial procedures, including without limitation Section 30-2.B.12. Public Notification, Section 30-2.B.14. Evidentiary Hearing Procedures (Quasi-Judicial Decisions), and Section 30-2.B.15. Action by Decision-Making Board. In addition, Appeals of Administrative Decisions shall comply with the procedures described in Sections 30-2.C.18.d.2-6 below.
   2. 2.
      Staff Submittal to Appeal Board
      Upon receipt of a written Notice of Appeal, the City Manager shall transmit all the papers, documents, and other materials relating to the interpretation or decision being appealed to the appropriate decision-making board. These materials shall constitute the record of the appeal.
   3. 3.
      Review and Action by Zoning Commission

      1. a.
         For interpretations or decisions being appealed to the Zoning Commission, following receipt of the Notice of Appeal from the City Manager, the Zoning Commission shall conduct an evidentiary hearing on the appeal in accordance with Section 30-2.B.12, Public Notification, and Section 30-2.B.14, Evidentiary Hearing Procedures (Quasi-Judicial Decisions), and Section 30-2.B.15, Action by Decision-Making Board. After close of the hearing, the Zoning Commission shall consider the Notice of Appeal, materials transmitted by the City Manager, and any testimony or evidence given at the hearing and entered into the record. The Zoning Commission shall affirm (wholly or partly), modify, or reverse the interpretation or decision being appealed based on the evidence in the record of the appeal. The Zoning Commission shall modify or reverse an interpretation or decision on appeal only if it finds that there has been a clear and demonstrable error, abuse of discretion, or denial of procedural due process in the application of the facts in the record to the standards of this Ordinance.
      2. b.
         A vote of a majority of the members of the Zoning Commission present and constituting a quorum shall be required to decide an appeal.
   4. 4.
      Review and Action by the Planning Commission
      For decisions appealed to the Planning Commission, following receipt of the Notice of Appeal from the City Manager, the Planning Commission shall conduct an evidentiary hearing on the appeal in accordance with Section 30-2.B.12, Public Notification, Section 30-2.B.14, Evidentiary Hearing Procedures (Quasi-Judicial Decisions), and Section 30-2.B.15, Action by Decision-Making Board. After close of the hearing, the Planning Commission shall consider the Notice of Appeal, materials transmitted by the City Manager, and any testimony or evidence given at the hearing and entered into the record. The Planning Commission shall affirm (wholly or partly), modify, or reverse the decision based on the evidence in the record of the appeal. The Planning Commission shall modify or reverse the decision on appeal only if it finds that there has been a clear and demonstrable error, abuse of discretion, or denial of procedural due process in the application of the facts in the record to the standards of this Ordinance.
   5. 5.
      Review and Action by the City Council
      For decisions appealed to the City Council, following receipt of the Notice of Appeal from the City Manager, the City Council shall conduct an evidentiary hearing on the appeal in accordance with Section 30-2.B.12, Public Notification, and Section 30-2.B.14, Evidentiary Hearing Procedures (Quasi-Judicial Decisions), and Section 30-2.B.15, Action by Decision-Making Board. After close of the hearing, the City Council shall consider the Notice of Appeal, materials transmitted by the City Manager, and any testimony or evidence given at the hearing and entered into the record. The City Council shall affirm (wholly or partly), modify, or reverse the decision based on the evidence in the record of the appeal. The City Council shall modify or reverse the decision on appeal only if it finds that there has been a clear and demonstrable error, abuse of discretion, or denial of procedural due process in the application of the facts in the record to the standards of this Ordinance.
   6. 6.
      Expiration
      A decision on an appeal application shall not expire, but may be overturned or modified by a subsequent appeal decision or superseded by an amendment to this Ordinance.
5. e.
   Effect of Pending Appeal
   Pursuant to North Carolina Gen. Stats. 160D-405, a pending appeal stays the accrual of fines and all City actions seeking enforcement of or compliance with the interpretation or decision being appealed unless the City Manager certifies to the Zoning Commission that because of facts stated in the certificate, a stay would cause imminent peril to life or property or would seriously interfere with enforcement of this Ord inance due to the violation's transitory nature. In that case, proceedings shall not be stayed other than by an order issued by the Zoning Commission or a court of competent jurisdiction after notice to the City Manager and for due cause shown. If enforcement proceedings are not stayed, the appellant may file with the City Manager 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 the foregoing, appeals of decisions granting a development approval or otherwise affirming that a proposed use of property is consistent with the development regulation shall not stay the further review of an application for development approvals to use such property; in these situations, the appellant or City 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.
6. f.
   Effect of Appeal Decision
   To the extent a decision by the Zoning Commission on an appeal pertains to application of a particular provision of this Ordinance in a particular circumstance, the appeal decision shall be binding on subsequent decisions by the City Manager, Technical Review Committee, or other City administrative official applying the same provision of this Ordinance in the same circumstance.

(Ord. No. S2011-013, § 6.1d, 11-28-2011; Ord. No. S2012-008, § 2, 4-23-2012; Ord. No. S2013-014, § 5, 7-22-2013; Ord. No. S2014-004, § 2, 1-13-2014; Ord. No. S2015-018, § 1, 12-14-2015; Ord. No. S2021-020, § 5, 05/10/2021; Ord. No. S2021-023, §§ 1, 2, 05/10/2021)

Effective on: 12/14/2015

1. a.
   Purpose
   The purpose of this section is to establish procedures by which an applicant or holder of certain development approvals may establish a vested right to the development authorized by the approval.
2. b.
   Applicability
   A vested right may be established in accordance with this section for the following development approvals:

   1. 1.
      Major Site Plan;
   2. 2.
      Minor Site Plan;
   3. 3.
      Subdivision Plan; or
   4. 4.
      Final Plat.
3. c.
   Initiation
   An application for a Vested Rights Certificate may be initiated by any person who may submit applications in accordance with Section 30-2.B.1, Authority to File Applications.
4. d.
   Procedure

   1. 1.
      Basic Procedures
      Except as modified by Sections 30-2.C.19.d.2—5 below, procedures and requirements for the submission, completeness determination, review, recommendation, and decision on applications are as established in Section 30-2.B, Common Review Procedures.
   2. 2.
      Review and Action by City Manager
      The City Manager shall review and take action on the application in accordance with the procedures of Section 30-2.B.9, Decision by Technical Review Committee or City Manager, and the standards in Section 30-2.C.19.e, Vested Rights Certificate Standards.
   3. 3.
      Conditions of Approval
      In approving a Vested Rights Certificate, the City Manager may impose appropriate conditions on the approval in accordance with Section 30-2.B.16, Conditions of Approval.
   4. 4.
      Appeal
      An appeal from the City Manager's decision of Vested Rights Certificate shall be reviewed and decided by the Zoning Commission in accordance with Section 30-2.C.18, Appeal.
   5. 5.
      Expiration

      1. a.
         If a Building Permit is required to undertake the development authorized by the approval for which a Vested Rights Certificate is issued, the Vested Rights Certificate shall automatically expire if an application for the Building Permit is not submitted within two years after the date the Site Plan or Subdivision Plan is approved, if no extensions are granted.
      2. b.
         In cases where a Building Permit is not required to undertake the development authorized by the approval for which a Vested Rights Certificate is issued, the Vested Rights Certificate shall automatically expire if the activity authorized by the vested development approval is not commenced within two years after the date the Site Plan or Subdivision Plan is approved.
5. e.
   Vested Rights Certificate Standards
   A Vested Rights Certificate shall be approved and issued in accordance with this section only upon a finding that the following standards have been met:

   1. 1.
      The application requests a Vested Rights Certificate for development authorized by an approved Major Site Plan, Minor Site Plan, Subdivision Plan, or Final Plat;
   2. 2.
      The development approval associated with the Vested Rights Certificate remains valid and unexpired; and
   3. 3.
      Any Variance required by a condition imposed on the development approval for which the Vested Rights Certificate is requested has been obtained.
6. f.
   Effect of Vested Rights Certificate

   1. 1.
      A Vested Rights Certificate entitles its holder to initiate and undertake development in accordance with the terms and conditions of the development approval for which the Vested Rights Certificate is issued.
   2. 2.
      Notwithstanding subsection (1) above, the establishment of a vested right in accordance with this section shall not preclude 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 regulation by the City of Fayetteville.
   3. 3.
      Upon expiration or termination of the Vested Rights Certificate, any applicable new or amended requirements of this Ordinance shall become effective with respect to the property subject to the certificate.
   4. 4.
      A vested right established by a Vested Rights Certificate is not a personal right, but shall attach to and run with the applicable property. After approval of the Vested Rights Certificate, all successors to the original landowner shall be entitled to exercise the established vested rights while the certificate remains valid and unexpired.
   5. 5.
      Nothing in this Ordinance shall exempt development subject to a Vested Rights Certificate from subsequent reviews and approval to ensure compliance with the terms and conditions of the vested development approval, provided such reviews and approval are not inconsistent with the vested approval.

(Ord. No. S2011-014, § 9, 11-28-2011; Ord. No. S2015-018, § 1, 12-14-2015)

Effective on: 12/14/2015

1. a.
   Purpose
   The purpose of this section is to establish standards and procedures for the City entering into Development Agreements for long-term, large-scale developments, in recognition of the following findings and statements of intent:

   1. 1.
      Large-Scale Development Projects and Long-Term Commitment of Resources
      Large-scale development projects often occur in multiple phases extending over a period of years, requiring a long-term commitment of both public and private resources.
   2. 2.
      Potential Community Impacts
      Such large-scale developments often create potential community impacts and potential opportunities that are difficult or impossible to accommodate within traditional zoning processes.
   3. 3.
      Careful Integration between Public Capital Facilities Planning, Financing, Schedules
      Because of their scale and duration, such large-scale projects often require careful integration between public capital facilities planning, financing, and construction schedules and the phasing of the private development.
   4. 4.
      Stable Development Standards
      Because of their scale and duration, such large-scale projects involve substantial commitments of private capital by private developers, which private developers are unwilling to risk without sufficient assurances that development standards will remain stable through the extended period of the development.
   5. 5.
      Nontraditional Development Types
      Because of their size and duration, such developments often permit communities and developers to experiment with different or nontraditional types of development concepts and standards, while still managing the impacts on the surrounding areas.
   6. 6.
      Negotiating Flexibility
      To better structure and manage development approvals for such large-scale developments and ensure their proper integration into local capital facilities programs, local governments need the flexibility in negotiating such developments.
   7. 7.
      Plan Consistency
      In negotiating for such developments, it is the intent of the City to remain consistent with the adopted plans, policies, and goals of the City as they relate to land use and capital improvements.
2. b.
   Authority
   The City may enter into a Development Agreement with a developer, subject to the procedures and standards of this section. In entering into such a Development Agreement, the City may not exercise any authority or make any commitment not authorized by general or local act, and may not impose any tax or fee not authorized by otherwise applicable law. If more than one local government is made party to an agreement, the agreement must specify which local government is responsible for the overall administration of the Development Agreement.
3. c.
   Relationship to Prior Development Approvals
   Although an application for a Development Agreement generally is submitted and reviewed before, or in conjunction with, the first development approval required for the proposed development (e.g., Planned Development), such an application may be submitted and decided at any stage of the development. If the application is submitted after development approvals have been granted, either the Development Agreement should incorporate the terms and conditions of those prior approvals or any approval of the Development Agreement shall be contingent upon any amendments to those prior approvals necessary to ensure conformance between the Development Agreement and applicable development approvals.
4. d.
   Initiation
   An application for a Development Agreement may be initiated by any person who may submit applications in accordance with Section , Authority to File Applications.
5. e.
   Procedure

   1. 1.
      Basic Procedures
      Except as modified by Sections, Common Review Procedures.
   2. 2.
      Application Contents

      1. a.
         An application for a Development Agreement shall include a proposed Development Agreement that shall, at a minimum, include all of the following:

         1. 1.
            A legal description of the property subject to the agreement and the names of its legal and equitable property owners.
         2. 2.
            The duration of the agreement.
         3. 3.
            A development schedule, including commencement dates and interim completion dates at no greater than five-year intervals.
         4. 4.
            The development uses permitted on the property, including population densities and building types, intensities, placement on the site, and design.
         5. 5.
            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.
         6. 6.
            If the Development Agreement provides that the City shall provide certain public facilities, the Development Agreement shall provide that the delivery date of such public facilities will be tied to successful performance by the developer in implementing the proposed development (such as meeting defined completion percentages or other performance standards).
         7. 7.
            A description, where appropriate, of any reservation or dedication of land for public purposes and any provisions to protect environmentally sensitive property.
         8. 8.
            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 agreement 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.
         9. 9.
            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.
         10. 10.
             A description, where appropriate, of any provisions for the preservation and restoration of historic structures.
         11. 11.
             An indemnification and "hold harmless" clause whereby the developer/property owner holds the City and its agents harmless from liability for damages, injury, or death that may arise from the direct or indirect operations of the owner, developers, contractors, and subcontractors that relate to the project.
      2. b.
         The proposed Development Agreement may include the following:

         1. 1.
            A provision that the entire development or any phase of it be commenced or completed within a specified period of time.
         2. 2.
            Other defined performance standards to be met by the developer.
         3. 3.
            Other matters not inconsistent with law.
      3. c.
         The application shall include a master plan that depicts the general configuration and relationship of the principal elements of the proposed development, including major uses, general building types, pedestrian and vehicular circulation, open space, public facilities, and phasing.
   3. 3.
      Review and Report by City Manager
      As part of the staff review of the application, the City Manager may negotiate revisions to the proposed Development Agreement consistent with the provisions of Section 30-2.C.20.g, Development Agreement Standards.
   4. 4.
      Review and Recommendation by Planning Commission
      Following staff review, preparation of a staff report, and provision of public notification in accordance with Section 30-2.C.20.g, Development Agreement Standards:

      1. a.
         The City enter into the Development Agreement as submitted;
      2. b.
         The City enter into the Development Agreement application subject to modifications agreed to by the applicant, in writing; or
      3. c.
         The City not enter into the Development Agreement.
   5. 5.
      Review and Action by City Council
      Following Planning Commission review, the City Council shall conduct a legislative hearing on the application in accordance with Section 30-2.C.20.g, Development Agreement Standards:

      1. a.
         Enter into the Development Agreement as submitted;
      2. b.
         Enter into the Development Agreement, subject to modifications agreed to by the applicant, in writing;
      3. c.
         Not enter into the Development Agreement; or
      4. d.
         Remand of the application back to the Planning Commission for further consideration.
6. f.
   Recordation
   Within 14 days after entering into a Development Agreement, the City shall record the agreement with the Cumberland County Register of Deeds.
7. g.
   Development Agreement Standards
   For consideration of the City to participate in a Development Agreement, a development subject to the agreement must meet the following criteria:

   1. 1.
      Planned Development
      The information regarding the property subject to the Development Agreement shall contain details of the property and the planned development in accordance with the NC State General Statute requirements.
   2. 2.
      Phasing and Duration of Development
      The development shall demonstrate phasing and participation in the proposed agreement shall be of reasonable terms that shall be specified in the agreement.
   3. 3.
      Impact on Capital Improvements
      The development shall demonstrate the impact on existing and future provisions of capital improvements by the City including at least one of the following: transportation, potable water, sanitary sewer, solid waste, stormwater management, educational, parks and recreational, and health systems and facilities.
8. h.
   Effect of Development Agreement

   1. 1.
      Burdens and Benefits
      The burdens of the Development Agreement are binding upon, and the benefits of the agreement shall inure to, all successors in interest to the parties to the agreement.
   2. 2.
      Rights and Obligations
      Rights and obligations established by a Development Agreement shall not preclude or supersede rights and obligations established pursuant to other law regarding building permits, site specific development plans, phased development plans or other provisions of law.
   3. 3.
      Building and Housing Code
      A Development Agreement shall not exempt the property owner or developer from compliance with the State Building Code or the City's Minimum Housing Code.
   4. 4.
      Identify Subsequently Enacted Laws
      Unless the Development Agreement specifically provides for the application of subsequently enacted laws, the laws applicable to development of the property subject to a Development Agreement are those in force at the time of execution of the agreement.
   5. 5.
      Application of Subsequently Adopted Laws
      Except for grounds specified in Section 160D-108.1(f) of the North Carolina General Statutes, the City may not apply subsequently adopted ordinances or development policies to a development that is subject to a Development Agreement.
   6. 6.
      Change in State or Federal Law
      If State or Federal law is changed after a Development Agreement has been entered into and the change prevents or precludes compliance with one or more provisions of the Development Agreement, the City, by ordinance after notice and a hearing, may modify the affected provisions, upon a finding that the change in State or Federal law has a fundamental effect on the Development Agreement.
   7. 7.
      Vested Rights
      This Ordinance does not abrogate any rights preserved by Sections 160D-108 or 160D-108.1 of the North Carolina General Statutes, or that may vest pursuant to common law or otherwise in the absence of a Development Agreement.
9. i.
   Approval of Debt
   If any of the obligations of the City in the Development Agreement constitute debt, the City shall comply, at the time of the obligation to incur the debt and before the debt becomes enforceable against the City, with any applicable constitutional and statutory procedures for the approval of this debt. The agreement shall be signed by the City Attorney, Finance Director, and City Manager.
10. j.
    Periodic Review and Breach of Agreement

    1. 1.
       Annual Review
       During any period of time in which a development permit is active, the City shall review the development at least once every 12 months for compliance with the agreement. The developer shall be required to demonstrate good faith compliance with the terms of the Development Agreement. The failure to meet a commencement or completion date specified in the Development Agreement shall not, in and of itself, constitute a material breach of the agreement, but must be judged based upon the totality of the circumstances.
    2. 2.
       Material Breach
       If the City finds and determines that the developer has committed a material breach of the terms or conditions of the Development Agreement, the City shall serve written notice of the breach upon the developer within a reasonable time after the periodic review. Such notice shall set forth with reasonable particularity the nature of the breach and the evidence supporting the finding and determination, and shall provide the developer a reasonable time in which to cure the material breach.
    3. 3.
       Failure to Cure Material Breach
       If the developer fails to cure the material breach within the time given, then the City unilaterally may terminate or modify the Development Agreement.
    4. 4.
       Appeal
       The notice of termination or modification may be appealed to the Zoning Commission for review and decision in accordance with Section 30-2.C.18, Appeal.
11. k.
    Amendments to Development Agreement

    1. 1.
       Mutual Consent
       A Development Agreement may be amended or canceled by mutual consent of the parties to the agreement or by their successors in interest.
    2. 2.
       Major Modification
       Consideration of a proposed major modification of a Development Agreement shall follow the same procedures as required for initial approval of the agreement.
    3. 3.
       Minor Modification
       The City Manager may approve minor modifications of the Development Agreement with the mutual consent of the other parties to the agreement, without following the same procedures as required for initial approval of the agreement, upon making written findings that the proposed modifications would not significantly change the use, intensity, or design of the development, would be consistent with the purposes and goals of the agreement, would comply with this Ordinance, and would not adversely affect the public health, safety, or general welfare.
12. l.
    Assumption of Jurisdiction over Development Agreements

    1. 1.
       City Assumes Planning Jurisdiction
       If the City assumes planning jurisdiction over property subject to a Development Agreement established by another jurisdiction, such development agreement shall be valid for the duration of the agreement, or eight years from the effective date of the City's assumption of planning jurisdiction over the subject property, whichever is earlier.
    2. 2.
       Rights and Obligations
       The parties to the development agreement and the City shall have the same rights and obligations with respect to each other regarding matters addressed in the Development Agreement as if the property had remained in the previous jurisdiction.
    3. 3.
       Modification or Suspension
       The City may modify or suspend the provisions of the Development Agreement if the City determines that the failure to do so would place the residents of the area subject to the Development Agreement, or the residents of the City's planning jurisdiction, or both, in a condition dangerous to their health or safety, or both.

(Ord. No. S2015-018, § 1, 12-14-2015; Ord. No. S2019-014, 1, 04/23/2019; Ord. No. S2021-023, §§ 1, 3, 05/10/2021)

Effective on: 12/14/2015

1. a.
   Purpose. 
   The purpose of a Neighborhood Compatibility Permit is to promote creativity in site design to address issues and constraints associated with topography, structure orientation, scale, height, and other conditions unique to the subject development in a manner that promotes compatibility with the surrounding neighborhood.
2. b.
   Authority.
   Regardless of the other provisions of this Article, the Planning Commission may, in its sole discretion, approve a Neighborhood Compatibility Permit for certain development projects which may include zero lot line developments, adaptive reuse projects and cottage development proposals that differ in scale or character from the surrounding neighborhood but because of their design or context are determined to be compatible with the neighborhood.
3. c.
   Applicability. 
   Neighborhood Compatibility Permit applications may be submitted for the following types of development:  certain zero lot line developments on parcels containing three or less acres in area, adaptive reuse projects, cottage developments, and parking of multi-axle trailers in front or corner side yards in residential districts.
4. d.
   Submittal process.
   The following information or material shall be required for a Neighborhood Compatibility Permit application.

   1. 1.
      Owner and contact name, address, telephone number and signature(s), as applicable.
   2. 2.
      A preliminary major site plan proposal illustrating the proposed development.
   3. 3.
      A comparison showing how the proposed development differs from what could be provided under the existing city zoning regulations set forth in this Article.
   4. 4.
      Other similar information determined by the city manager to be necessary for understanding the purpose and intent of the proposal.
5. e.
   Review procedure. 
   The city manager shall schedule the Neighborhood Compatibility Permit application for Planning Commission consideration as a public hearing in accordance with the published, mailed and posted notice procedures set forth in Article 30-2. In reviewing the proposed Neighborhood Compatibility Permit application, the Planning Commission shall take the following matters into consideration.

   1. 1.
      The extent to which the proposed development plan deviates from the development standards otherwise applicable in Chapter 30.
   2. 2.
      The rationale provided by the applicant for the deviations.
   3. 3.
      The extent to which the proposed development plan promotes city goals for neighborhood compatibility, adaptive reuse, and high quality development.
   4. 4.
      The degree to which the proposed development plan creatively and effectively addresses the issues and constraints unique to the site with regard to topography, access, property utilization, and similar factors, as applicable.
6. f.
   Decisions by the Planning Commission. 
   The Planning Commission may deny or approve the proposed Neighborhood Compatibility Permit in part or in total and may establish conditions regarding approval. 
7. g.
   Appeals.
   Appeals of Planning Commission decisions may be made to the City Council in accordance with the procedures for such appeals set forth in Article 30-2.

Figure 30-2.C.21 Neighborhood Compatibility Permit Procedures

(Ord. No. S2014-006, § 1, 1-27-2014)

Effective on: 1/1/1901

1. A.
   Purpose. The purpose of this section is to provide a uniform means for designating individual structures, buildings, sites, and areas of historical, pre-historical, architectural, educational, or cultural significance as local landmarks.
2. B.
   Authority. The City Council may adopt an ordinance designating a building, structure, feature, site or surroundings of any historical, prehistorical, architectural, educational, or cultural significance as a local landmark upon compliance with the provisions of this section.
3. C.
   Initiation and Procedure.

   1. 1.
      The Historic Resources Commission shall make or cause an investigation and report to be made describing the historic, pre-historic, architectural, educational, or cultural significance of buildings, structures, features, sites, or surroundings proposed to be designated as a historical landmark and hold a legislative hearing to review the findings. Notice of the public hearing shall be made as provided for by North Carolina General Statute (NCGS) § 160D-601.
   2. 2.
      The City shall forward the investigative report to the North Carolina Department of Natural and Cultural Resources, acting through the State Historic Preservation Officer or his designee, which shall be given 30 calendar days from receipt of the report to review the report and submit written analysis and recommendations to the City Council.
4. D.
   City Council Public Hearing and Review.

   1. 1.
      Upon receiving a written analysis and recommendations on the report from the State Historic Preservation Office, or expiration of the 30-day review period set forth in subsection c.2. above, the City Council may hold a legislative hearing to consider an ordinance designating a local landmark as proposed, with any amendments is deems necessary, or reject the proposed ordinance. Notice of the public hearing shall be made as provided for by NCGS § 160D-601. If an owner of real property, as defined by NCGS § 105-164.3(205), whose property is being considered for designation files a written objection to the proposed ordinance before the public hearing, the City Council shall not approve the ordinance and the proposed ordinance shall be denied or withdrawn.
   2. 2.
      The ordinance shall include each property designated in the regulation, the name or names of the owner(s) of the property, those elements of the property that are integral to its historical, pre-historical, architectural, educational, or cultural significance, including the land area of the property so designated, and any other information the City Council deems necessary. For all structures and buildings designated the ordinance must also require that the waiting period set forth in NCGS § 160D-945 be observed prior to demolition.
   3. 3.
      Upon adoption of the ordinance, the owners and occupants of each designated landmark shall be given written notice of the designation and a copy of the ordinance. One copy of the ordinance shall be filed with the Cumberland County Register of Deeds. A second copy shall be kept on file by the City Clerk. A third copy shall be given to the City Chief building inspector.

Ord. No. S2025-005, § 1, 02/24/2025

Effective on: 2/24/2025