Garner City Zoning Code
ARTICLE 3
REVIEW PROCEDURES
3.1. PURPOSE.
This Article establishes review procedures for land use and land
proposals within the Town’s
in order to enhance transparency, provide a standard and consistent
review and approval process, and ensure consistency with adopted Town plans, standards, and policies.
(Ord., 3-16-21)
3.3. REVIEW AUTHORITY TABLE.
The Review Authority Table displays decision types, the participants in the review process, and their respective roles.
Figure 3.3-A Review Authority Table
Process | Type | Review | Final Action | Appeal Process | Public Notice Level (See Public Notice Requiremen ts 3.4.6.) | Section |
Process | Type | Review | Final Action | Appeal Process | Public Notice Level (See Public Notice Requiremen ts 3.4.6.) | Section |
3.5 Subdivision | ||||||
Major Subdivision | Admin. | TRC | BOA | N/A | ||
Minor Subdivision/ Final Plat | Admin. | TRC | BOA | N/A | ||
3.6 Map and Text Amendments | ||||||
Rezoning (Map Amendment) | Leg. | Planning Commission | Town Council | Superior Court | A, B, C | |
Conditional Zoning District/ Conditional Rezoning | Leg. | Planning Commission | Town Council | Superior Court | A, B, C | |
Text Amendment | Leg. |
/ Planning Commission | Town Council | Superior Court | A, B, C | |
3.7 Permits | ||||||
Zoning Compliance Permit | Admin. | BOA | N/A | |||
Admin. | BOA | N/A | ||||
3.8 Site Plans and Administrative Review | ||||||
Site Plan | Admin. | TRC | BOA | N/A | ||
Administrative Modification | Admin. | BOA | N/A | |||
Determination of | See Written Interpretation | |||||
Written Interpretation | Admin. | BOA | N/A | |||
3.9 Miscellaneous | ||||||
Administrative Appeal | QJ | BOA | Superior Court | A, B | ||
QJ | TRC | Town Council | Superior Court | A, B, C | ||
Traffic Impact Analysis | Admin. | TRC | Per primary developme nt permit | Per primary developme nt permit | Per primary
permit | |
QJ | TRC | BOA | Superior Court | A, B, C | ||
Temporary Use Permit | Admin. | TRC | BOA | N/A | ||
3.10 Environmental | ||||||
Mitigation Permit | QJ | Town Engineer (Floodplain Administrator) | BOA (acting as WRB) | Superior Court | Per | |
Notes: Admin. = Administrative Leg. = Legislative QJ = Quasi-judicial TRC = Technical Review Committee, which also includes BOA = Board of Adjustment WRB = Watershed Review Board | ||||||
(Ord. No. 3558, § 2, 7-7-09; Ord., 3-16-21)
3.2.1. Interpretation.
A. When used throughout this Article, the words “request,” “application,” and “proposal” are equivalent.
B. References to “permits” throughout this UDO do not necessarily include
permits. A
approval alone does not grant the holder rights to commence
or
.
(Ord., 3-16-21)
3.2.2. Effects on Successors.
Permits and
approvals are transferable. So long as there is an active or completed permit, no
shall make
of the land or structure except in accordance with the terms and requirements of the permit.
(Ord., 3-16-21)
3.2.3. Permit Choice.
Pursuant to G.S. § 160D-108(b), if
regulations change between application submittal and the time of decision or project completion, the applicant may choose whether the Town will evaluate the application based on the previous or current version of the regulations.
(Ord., 3-16-21)
3.2.4. Revocation.
A. A permit or
approval described in this article may be revoked if the holder fails to maintain the property in accordance with the approved plans, the UDO, or other legal requirements.
B. Revocation of a permit or
approval shall undergo the same process as was followed for the initial approval.
(Ord. No. 3376, § 16, 1-17-06; Ord., 3-16-21)
3.2.5. Development Moratoria.
Pursuant to G.S. § 160D-107, the Town may adopt a moratorium on
approval(s).
(Ord., 3-16-21)
3.2.6. Types of Decisions.
Pursuant to G.S. § 160D-102, all applicable definitions and regulations from that chapter apply, in particular the following:
A. Administrative. Decisions made in the implementation, administration, or enforcement of regulations that involve the determination of facts and the application of objective standards set forth in this Chapter or local government regulations. These are sometimes referred to as ministerial decisions or administrative determinations.
B. Legislative. The adoption, amendment, or repeal of a regulation under this Chapter or an applicable local act. The term also includes the decision to approve, amend, or rescind a agreement consistent with the provisions of Article 10 of this Chapter.
C. Quasi-judicial. A decision involving the finding of facts regarding a specific application of a regulation and that requires the exercise of discretion when applying the standards of the regulation. The term includes, but is not limited to, decisions involving variances, special use permits, certificates of appropriateness, and appeals of administrative determinations. Decisions on the approval of subdivision plats and site plans are quasi-judicial in nature if the regulation authorizes a decision-making board to approve or deny the application based not only upon whether the application complies with the specific requirements set forth in the regulation, but also on whether the application complies with one or more generally stated standards requiring a discretionary decision on the findings to be made by the decision-making board.
(Ord., 3-16-21)
3.2.7. Vested Rights and Expiration.
Pursuant to G.S. § 160D, a
is the right to undertake and complete the
and
of a property.
A. Building Permits.
1. As provided in G.S. § 160D-1111,
permits expire six months after issuance, if the permit work has not commenced.
2. Discontinuance of work for a period of twelve months or more shall render the permit expired.
B. Zoning Compliance Permits.
1. Pursuant to G.S. §160D-108(d), zoning compliance permits shall expire within one year from date of issuance if unless work has substantially commenced.
2. For these purposes, “substantially commenced” includes but is not limited to application for and timely pursuit of a
permit, grading permit, or other permit necessary to commence installation of infrastructure or establishment of the intended
.
C. Site Specific Vesting Plans, per G.S. § 160D-108.1.
1. The appropriate decision-making body’s approval of a site specific vesting plan establishes a
that runs with the land and authorizes the recipient to complete
as authorized by the issued permit.
2. Site specific vesting plans shall remain vested for two years, unless, upon applicant request, the Town Council grants a longer period up to no more than five years total.
3. The right shall terminate at the end of the vesting period if the next requisite permits have not been procured for the project.
4. Deviation from the site specific vesting plan shall result in forfeiture of the
.
5. Pursuant to G.S. §160D-108(f), multi-phase developments shall be vested in their entirety with the regulations and ordinances in place at the time of site plan approval for the initial
phase. The vesting period for multi-phase developments shall be seven years.
Commentary (01/01/2021): Site specific vesting plans include planned developments, preliminary subdivision plats, site plans, preliminary or general
plans, special use permits, and conditional zoning districts.
(Ord., 3-16-21)
3.4.1. Preapplication Conference.
A. The purpose of a preapplication conference is to provide the applicant information on the appropriate application procedure for their desired action, background information, necessary materials, and other relevant information applicable to their proposed request.
B. Preapplication conferences are encouraged for all
applications, but are mandatory for the following:
1. Rezoning.
2. Conditional zoning.
3.
.
4. Major
.
5.
, including Flood Mitigation Permit.
C. Applicants shall provide a sketch or drawing to aid in the understanding of the proposal. At minimum, the sketch plan should include:
1. Property location or parcel number.
2. Approximate location of existing
.
3. A description or drawing of the desired action or
and where it will occur.
(Ord., 3-16-21)
3.4.2. Application Requirements.
A. Applicant Eligibility.
1. The property owner or the property owner’s authorized agent may submit the applications described in this Article. Agents must produce notarized documentation of permission from the property owner.
2. Pursuant to G.S. § 160D-703, the Town Council may initiate rezonings through direction to the
.
B. Application Completeness.
1. The
will determine the completeness of each application.
2. Incomplete applications will not be accepted. Incomplete applications do not have the sufficient information or materials necessary for review and processing.
3. If an application is found to be incomplete or insufficient, the
shall notify the applicant and provide a list of deficiencies or missing materials that need correcting.
C. Content.
1. A complete application contains all materials and requirements set forth on each application form as provided by the
.
2. Under unique circumstances, the
may find that additional information is necessary to determine the sufficiency of a submitted application. The
is authorized to require the applicant to present this information for inclusion in the consideration of the application.
3. Permits and Approvals from Outside Agencies. No plan, permit, or Certificate of Occupancy shall be issued without proof of receipt of necessary permits from outside agencies.
Commentary (01/01/2021): Examples include permits issued by outside agencies such as USACE, CORPUD, etc. for approvals such as wetland mitigation (404/401), CLOMAR, utility tap approval, etc.
D. Fees as Outlined in the Town of Garner Adopted Fee Schedule.
1. No application will be considered complete without rendering of appropriate fees at submittal.
2. The Town may fully refund application fees for withdrawn applications, provided review of the application has not begun.
E. Deadline. All applications shall be completed and submitted to the in accordance with the published calendar on file in the Planning Department.
(Ord. No. 3558, § 2, 7-7-09; Ord., 3-16-21)
3.4.3. Withdrawal.
A. An applicant may withdraw a rezoning application at any time, by filing a signed, written statement of withdrawal with the
.
B. The statement of withdrawal shall be signed by all persons who signed the application, or in the event of death or incompetence by the estate's lawful personal representative.
C. Any application that has not provided any requested revisions or materials within 120 days of the request shall be administratively withdrawn by the
, with no refund of fees. The applicant shall be notified of the pending withdrawal in writing or by email 30 days prior to the withdrawal.
(Ord. No. 3558, § 2, 7-7-09; Ord., 3-16-21)
3.4.4. Resubmission.
A. An incomplete application may be resubmitted at the next application intake date according to the standard application submission procedure described herein.
B. Upon the denial or disapproval of an application (except for a rezoning application), an identical application may not be submitted.
C. Any resubmittal must meet at least one of the following criteria:
1. New or additional information has become available that may impact the application of review standards.
2. The new application incorporates different standards, e.g., new uses or changes in density.
3. A finding, by the approving body, that the final decision on the application was based on a material mistake of fact.
(Ord., 3-16-21)
3.4.5. Neighborhood Meetings.
A. The purpose of a neighborhood meeting is to inform neighbors of the
proposal, receive their comments, and potentially resolve any conflicts or concerns prior to the official hearing.
1. Applicability. At least one neighborhood meeting is required for
a. Rezonings / Map Amendments
b. Conditional Zonings
c. Special Use Permits
2. The neighborhood meeting shall be held after the preapplication conference and before the official application submittal.
3. The applicant shall hold the neighborhood meeting within the town’s ETJ in an accessible location that is proximate to the site or at a location that is centrally located within the town and at a time in the late afternoon or early evening that is convenient to most people that work daytime jobs.
5. The applicant shall submit a meeting summary identifying all issues raised and any resolution or explanation, a list of attendees, a list of addresses where notices were mailed, and a list of returned mail notices no later than ten (10) calendar days prior to the first reading or meeting of Planning Commission or Town Council.
(Ord. No. 3376, § 6, 1-17-06; Ord. No. 3558, § 2, 7-7-09; Ord. No. 3672, § 1, 10-1-2012; Ord. No. 3694, §§ 2, 3, 5-21-2013; Ord., 3-16-21)
3.4.6. Public Notice Requirements.
A. Published. The shall place an advertisement on the Town’s official webpage once a week for two successive weeks. The first notice shall be published no less than ten (10) days and no more than 25 days prior to the hearing. The contents of the published notice shall include:
1. The general location (including a map for mailed notices).
2. The parcel number and/or
address.
3. A description of the action requested.
4. Current and proposed zoning districts (rezonings only).
5. The time and location of the anticipated public hearing.
6. Phone number and email of the appropriate applicant’s contact.
7. Phone number and email of the appropriate Town contact.
8. A statement that interested parties may appear at the hearing.
9. A statement that substantial changes to the proposed action may occur following the hearing.
B. Posted. The shall post a notice of application at a visible location on subject property no less than fourteen (14) days prior to the hearing. The contents of the posted notice shall include the Town’s general contact information and that a land decision is under consideration.
Commentary (1/1/2021): Note that NC GS §160D-602 requires posting a site 10-25 days before the hearing.
C. Mailed. The owner of the affected parcels and the owners of parcels within 300 feet shall be notified of the hearing by first class mail. For zoning map amendments, properties shall be considered abutting even if separated by a , railroad, or other transportation corridor or right-of-way. Mailed notices shall contain the same content as published notices outlined subsection A.
Commentary (1/1/2021): When a mailed notice involves properties within a HOA, it is best practice to send a letter directly to the HOA also.
1. Pursuant to G.S. § 160D-602(b), if a mailed notice for a zoning map amendment hearing includes at least fifty individual owners of at least fifty individual properties, the Town may instead elect to publish notice of the hearing as specified in Section 3.4.5. In this case, each advertisement shall be at ½ of a newspaper page in size. Property owners outside of the newspaper’s circulation area shall still be notified of the hearing via first class mail.
2. If a notice contains errors regarding the time, date, or location of the hearing or the location of the subject property, the notice shall be rendered inadequate. However, if a bona fide attempt resulted in any other minor or clerical defect in the notice, the notice shall remain valid. If questions of validity arise, the decision-making body shall make a formal finding of substantial compliance or lack thereof. If the decision-making body finds there is substantial compliance, it may then begin the proceedings for the case.
(Ord. No. 3558, § 2, 7-7-09; Ord., 3-16-21)
3.4.7. Hearings.
A. Modification of Application.
1. The applicant may agree to application modifications in response to questions or comments by persons appearing at the public hearing or to recommendations by the Town Council, Planning Commission or Board of Adjustment.
2. Unless such modifications are so substantial that the board cannot reasonably be expected to perceive the nature and impact of the proposed changes without revised plans before it, the Board may approve the application with the stipulation that the permit will not be issued until plans reflecting the agreed upon changes are submitted to the Planning Department.
3. The decision-making body may refer the case back to the recommending body for review, prior to further consideration. The decision-making body shall choose one of the following options:
a. Continue the hearing to a new date and time certain within 45 days in accordance with the provisions below.
b. Close the hearing and re-publish notice of any future hearing in accordance with this paragraph.
B. Continuation. The decision-making body may continue hearings without further notification so long as the motion to continue the hearing, made in open session, specifies the date and time of the hearing continuation.
C. Evidentiary Hearings. Pursuant to G.S. § 160D-406, evidentiary hearings shall be required as specified in Section 3.3.
1. Oaths. The acting chair of the decision-making body and the clerk to the board are authorized to administer oaths to all witnesses in evidentiary hearings.
2. Parties. Pursuant to G.S. § 160D-1402(c), the applicant, local government, and other appropriate parties shall have the right to participate at the hearing. Additional witnesses may present competent evidence pertaining to the case.
3. Evidence.
a. All findings and conclusions shall be based on substantial, competent, and material evidence. All competent evidence must be admissible in a court of law.
b. Competent evidence does not include the opinions of lay witnesses attesting to property value implications, traffic impacts, or other matters about which expert testimony would generally be admissible.
4. Meeting Record.
a. Kept pursuant to state public record retention laws.
(Ord., 3-16-21)
3.4.8. Written Decision.
Within thirty calendar days after a final decision is made by the Town Council, Planning Commission, Board of Adjustment,
, or other review body under the requirements of this UDO, a copy of the written decision shall be sent to the applicant or appellant.
A. A copy of the notice shall be filed in the office of the
, where it shall be available for public inspection during regular office hours.
B. The written decision shall state the review body's findings, conclusions, and supporting reasons or facts whenever this UDO requires these as a prerequisite to acting.
(Ord., 3-16-21)
3.4.9. Extensions.
The
shall grant time extensions to approved and unexpired special use permits and administrative
approvals according to the provisions of this subsection.
A. To receive an extension, the permit holder must file a written request with the
. One extension is permitted per parcel per
approval.
B. Permit time extensions shall be limited to a period not to exceed 24 months from the date of the original permit expiration.
(Ord. No. 3558, §§ 1, 2, 7-7-09; Ord., 3-16-21)
3.4.10. Completing Developments in Phases.
A.
s shall submit a phasing plan for developments that will be completed in phases. The phasing plan shall include drawings of each phase and schedule of any associated improvements to be completed during the phase. Any
approval or permit shall be contingent on the drawings and the approved schedule.
B. Each phase of a proposed
shall include the infrastructure and other required elements of this Ordinance for each phase to stand alone.
C. The provisions of this Ordinance shall apply to each phase of
as if it stood alone.
(Ord., 3-16-21)
3.5.1. Subdivision in General.
A. Applicability.
1. Pursuant to G.S. § 160D Article 8, subdivision approval shall be required before the division of land into two or more parcels.
2. In accordance with G.S. § 160D-802, the following types of
s proceed directly to Final
(per Section 3.5.4):
Commentary (1/1/2021): These types of subdivisions were previously referred to as “exempt” subdivisions.
a. The combination or recombination of portions of previously subdivided and recorded lots where the total number of
s is not increased and the resulting
s are equal to or exceed the standards of this UDO.
b. The division of land into parcels greater than 10 acres where no
right-of-way dedication is involved.
c. The public acquisition of land for water or sewer infrastructure or the widening or opening of streets or public transportation corridors.
d. The division of a tract in single ownership whose entire area is no greater than two acres into not more than three lots, where no
right-of-way dedication is involved and where the resultant lots are equal to or exceed the standards of this UDO.
e. The division of a tract into parcels in accordance with the terms of a probated will or in accordance with intestate succession, per G.S. § 29.
f. The division of a tract into plots or lots used as a cemetery.
B. No subdivision without plat approval.
1. As provided in G.S. § 160D-807, no
may subdivide land except in accordance with all the provisions of this UDO. No
may occur unless and until a final plat of the
has been approved in accordance with the provisions of this Section and recorded in the Wake County Registry. The provisions of this section shall not prohibit any owner or its agent from entering into contracts to sell or lease by reference to an approved preliminary
for which a final
has not yet been approved or recorded in Wake County Registry. Such arrangements shall strictly follow the provisions of G.S. § 160D-807.
2. As provided in G.S. § 160D-807, the Wake Register of Deeds shall not record a
of any
within the Town's
unless the
has been approved in accordance with the provisions of this UDO.
3. As provided in G.S. § 160D-802, not all divisions of land constitute
s that are subject to all regulations under this UDO. However, to ensure that such divisions are exempt from the requirements of this UDO, all
s creating a division of land shall be presented to the Planning Department before recordation in the Wake County Registry, and the planning staff shall indicate on the face of the plat that the division is exempt from the provisions of this UDO.
4. All
management provisions must be met prior to the subdivision of land.
5. It shall be unlawful to offer and cause to be recorded any major or minor
plan,
, or replat of land within Garner’s jurisdiction with the Wake County Register of Deeds unless the same bears the endorsement and approval of the
or Town Clerk.
C. No occupancy,
, or sale of
s until requirements fulfilled.
1. Where the
process applies, the
or sale of
s prior to approval of a final
is prohibited.
2. For
on existing
s, no occupancy or
shall be permitted prior to the approval of at least one of the following permits:
a. Site Plan
b.
c. Temporary Use Permit
d. Certificate of Zoning Compliance
3. Issuance of a final
or any of the permits listed above authorizes the holder to commence the approved activity; however, excepting phased developments, structures with temporary certificates of occupancy, and
s with improvement guarantees, no intended
may commence, no
be occupied, nor any
be sold until all of the UDO requirements have been met.
(Ord. No. 3376, § 14, 1-17-06; Ord. No. 3558, § 2, 7-7-09; Ord., 3-16-21)
3.5.2. Minor Subdivision.
A. A
is any subdivision that does not involve any of the following:
1. Creation of a total of five or more lots.
2. Creation of any new public streets.
3. Extension of the water or sewer system operated by the City of Raleigh.
4. Installation of drainage improvements through one or more lots to serve one or more other lots.
B. A preapplication conference with CORPUD is required prior to submission of an application to the Town.
C. After a preapplication conference and sketch plan review and approval by the TRC, the applicant may apply for final
approval.
D. See 3.5.4 for approval criteria for
final
.
(Ord., 3-16-21)
3.5.3. Major Subdivision.
A. All other
s of land not listed in Section 3.5.2 shall be considered major subdivisions.
B. Review.
1. A major subdivision requires submission and review of a preliminary plat.
2. The Town shall forward the preliminary plat to the Wake County Health Department, and any other affected agencies potentially including NCDOT and the Wake County Board of Education.
Commentary (1/1/2021): Approval of utility tap locations by CORPUD is required prior to final plat review by the Town.
3. Within 15 days of submittal of the application, the TRC shall review the preliminary plat and application for consistency with the UDO. For preliminary
s that do not meet the standards of this Ordinance, a list of deficiencies shall be provided to the applicant, which may also include a list of potential options for bringing the preliminary
into compliance.
C. Upon a determination by the TRC that the preliminary
meets the standards of this Ordinance, it shall be approved by the
.
D. Action following Preliminary Plat Approval.
1. Following preliminary
approval, the applicant may proceed to comply with other requirements of this UDO including
plans, preparation of the final plat, and other approvals and permits.
2. The preliminary
approval does not guarantee the approval of the final
.
(Ord. No. 3523, §§ 2, 3, 8-4-08; Ord. No. 3558, § 2, 7-7-09; Ord., 3-16-21)
3.5.4. Final Plat.
A. Applicability. Final plats are required for all subdivision of land in Garner’s .
B. The Final
shall only constitute the portion of the approved preliminary
that the subdivider proposes to record and develop at the time of submission. Approval shall be subject to the installation of subdivision improvements described in this UDO.
C. Application.
1. The final subdivision
shall be submitted in accordance with G.S. § 47-30 and with the requirements maintained by the
.
2. Endorsements Required - See appendix of certificates.
a. Certificate of ownership
b. Certificate of survey and accuracy
c. Certificate of dedication, if applicable
d. Certificate of approval by the
e. Certificate of approval by City of Raleigh Utilities, if applicable
f. Wake County Plat Review Officer’s certificate
3. All major subdivision final plats located outside the corporate limits of the Town, but within the
, shall contain the following additional certificates:
a. NCDOT Division 5 of Highways District 1 Engineer certificate.
b. Wake County Environmental Health certificate of approval of non-municipal water supply and sewage disposal systems.
4. When required by the federal government, all final plats shall contain a certificate for a federally funded project.
D. Approval.
1. After TRC certification that the final
meets all applicable requirements of this Ordinance, the
shall approve a final
.
2. When sufficient financial security in the amount of 125% of the required, uninstalled improvements is furnished to guarantee the completion of the improvements, the
shall approve a final
prior to the full installation of all improvements.
3. Additional approval criteria for
final
s.
a. The
complies with the standards of Article 8, Subdivision, design/improvements, and any other applicable requirements of this UDO.
b. The
is consistent with the approved preliminary plat, if applicable.
c. The
indicates that all subject lots will have frontage on existing, approved streets or such provision will be made.
d. New or residual parcels will conform to the requirements of this UDO and other applicable regulations.
e. No new streets (not including widenings of existing roads) or
extensions are required or are likely to be required for access to interior property, or they have been provided.
f. No drainage or utility easements will be required to serve interior property, or they have been provided.
g. No extension of public sewerage or water lines will be required, or they have been provided.
h. All necessary right-of-way has been offered for reservation or dedication.
i. The proposed subdivision will not adversely affect permissible
of the remainder of the parcel or of adjoining property.
E. Notice of Decision. Written decision as described in Section 3.4.8, Written Decision shall be provided to the applicant and filed in the Planning Department.
(Ord., 3-16-21)
3.6.1. Rezoning / Map Amendment.
A. Applicability. Any owner of land, their authorized representative, or the Town Council may request that land be rezoned.
B. A rezoning request shall be filed with the
and shall include, at a minimum:
1. The name, address, and phone number of the applicant.
2. A description of the affected property and the proposed zoning change.
C. Receipt of Application. Upon receipt of a petition for a zoning map amendment of any type, the Town Clerk shall establish a date for a public hearing and schedule and advertise a public hearing.
D. The
shall prepare a report that reviews the request and its compliance with the Comprehensive Plan and other adopted Town plans. The report shall include an analysis of the reasonableness of the proposed zoning. It shall be transmitted to the Planning Commission, Town Council, and the applicant.
E. Planning Commission.
1. After the public hearing, the Council shall refer the case to the Planning Commission for review and recommendation.
2. The Commission shall examine the request and forward a written recommendation to Town Council remarking on consistency with all adopted plans within sixty (60) days. After sixty days have passed, the Town Council can proceed towards a decision without the Commission’s report.
F. Approval Criteria. In making recommendations regarding amendments to the official zoning map, the following approval criteria shall be considered:
1. Consistency (or lack thereof) with the Comprehensive Growth Plan and other adopted plans.
2. Compatibility with the present zoning and conforming uses of nearby property and with the character of the neighborhood.
3. Suitability of the subject property for uses permitted by the current versus the proposed district.
4. Whether the proposed change tends to improve the balance of uses or meets a specific demand in the Town.
5. Availability of sewer, water, transportation infrastructure,
facilities, and other necessary infrastructure generally suitable and adequate for the proposed
.
6. Preservation of key features of the natural environment.
G. Public Hearing. In addition to comments provided in at the public hearing, any resident or property owner in the Town may submit a written statement regarding the proposal to the Town Clerk at least two business days prior to the proposed vote on such change. If submitted according to the preceding condition, the Town Clerk shall submit said written statement(s) at any time prior to the Town Council vote.
H. Modification of Application.
1. An applicant in a zoning matter may reduce the geographic scope or propose a different district or combination thereof from that requested in the application by filing a statement of the same with the
.
2. If the application is limited by excluding certain enumerated land uses, either in the original application or in any amendment thereto, the application shall be resubmitted as a conditional zoning request.
Commentary (1/1/2021): Requesting to limit uses must be a condition on a conditional zoning or conditional rezoning application.
I. Time Lapse Between Similar Applications.
1. In the event of a withdrawal of an application prior to action by the Town Council on the merits, no application may be filed requesting the rezoning of any parcel contained in the withdrawn application prior to the expiration of a minimum period of six months from the withdrawal of the application.
2. When the Town Council has voted on a zoning application and the proposed rezoning has either been denied or has failed to be adopted, then the application shall be deemed to have expired.
3. No subsequent application requesting a zoning change for any parcel contained in an application which has expired may be made prior to the expiration of a minimum period of six months from the date of expiration.
4. No subsequent application requesting the same zoning category for any parcel contained in an application which has expired may be filed prior to the expiration of a minimum period of one year from the expiration.
5. The Town Council, by a ¾-majority vote, may waive the timelapse requirements of this section if the Council deems it to be in the public interest to do so.
J. Town Council.
1. The Town Council may not take final action on a request until it has received the Planning Commission recommendation or sixty (60) days have passed since the map amendment was first heard by the Planning Board.
2. Pursuant to G.S. § 160D-605, the Council shall prepare a consistency statement and describe the reasonableness of the proposal and show that the proposal is in the public interest.
(Ord. No. 3376, §§ 8-11, 1-17-06; Ord. No. 3558, § 2, 7-7-09; Ord. No. 3801, § 3, 12-7-15; Ord., 3-16-21)
3.6.2. Conditional Zoning.
A. Applicability. Conditional zoning shall follow the same review and approval process as Section 3.6.1, with additional standards as described in this subsection. Where conflict occurs, these standards shall apply.
B. Underlying General Zoning District. All conditional zoning districts shall be based on an underlying (base) general use zoning district.
Commentary (01/01/2021): Conditions may neither circumvent the intent of the established general district nor alleviate the regulations without providing a method of alternative compliance. Conditions may impose stricter regulations.
C. Designation and Tracking. Any conditional zoning district shall be designated by the letters “CZ” followed by a unique number identifying the ordinance that created the district and followed by adding a numerical subscript to indicate the order in which such districts are created or revised. Thus, the first such district created might be designated CZ-4997-1. These designations shall be applied to the official zoning map as in the case of other amendments. All ordinances establishing a conditional district shall be referenced in Appendix B to this UDO. Ordinances are on file in the Planning Department.
D. Tiers. There are two tiers of conditional zoning districts.
1. Tier 1. Tier 1 conditional zoning requests identify a base district(s) and any uses in that base district’s permitted s which are excluded in the conditional zoning district. Dimensional standards of the base district remain intact and unchanged. Tier 1 conditional zoning requests do not require a master plan. Any uses in the underlying zoning district identified as requiring a will still require review if they are to be constructed.
2. Tier 2. Tier 2 conditional zoning requests identify a base district(s), any uses in that base district’s permitted uses which are excluded in the conditional zoning district, dimensional standards for each permitted (either by-right or by other criteria such as ), and a master plan. Tier 2 specifications shall also apply to any uses requiring conditional zoning approval as outlined in Article 5, Use Regulations. Any uses in the underlying zoning district identified as requiring a will still require review if they are to be constructed.
a. Master Plan. Tier 2 conditional zoning requests shall be accompanied by a master plan which shall be reviewed and approved in concert with the conditional zoning request. The master plan shall show the following:
i. The correct number of external, cross-access, and adjacent property stub-out access points, although the exact location may be modified through subsequent review.
ii. The uses desired and their general location and intensity or density. Tier 2 conditional zoning requests shall include a table of permitted uses for the proposed district. It shall include all uses listed in the table of permitted uses in Article 5, and whether they are permitted or excluded.
Commentary (01/01/2021): The uses should be of similar intensity and complement each other to avoid creating conflicts or nuisances.
iii. The appropriate setbacks, dimensional standards, and other regulations for each zoning district,
, or area. Tier 2 conditional zoning requests shall include a table of dimensional standards. This shall be based on the general zoning district and updated to reflect altered dimensional standards. Any other information necessary to ensure that the master plan can meet the standards required by this Ordinance to execute a logical
plan.
E. If the Town Council modifies any conditions or imposes new ones, the property owner or authorized agent must provide (or decline) written consent prior to any decision of approval.
F. Addition of property to a conditional zoning district. Entitlement, recordation, or
of any or all portions of a conditional zoning district master plan shall not constitute any precedent or vesting of rights, design,
standards, uses, or otherwise, on any property that might be proposed for addition to a conditional zoning master plan in the future. The standards of this Ordinance in effect at the time of formal application of the property addition to a conditional zoning district master plan shall prevail.
(Ord. No. 3396, § 1, 4-3-06; Ord. No. 3558, § 2, 7-7-09; Ord. No. 3801, § 4, 12-7-15; Ord. No. 3881, §§ 1, 2, 9-5-17; Ord., 3-16-21)
3.6.3. Text Amendment (aka Ordinance Amendment).
A. Initiation. Text amendments to this Ordinance may be initiated by any citizen, by the Town Council, or proposed to Council by staff.
B. Process.
1. Petition forms are available at Town Hall and shall be filed with the
. Upon receipt of the form, any supporting materials, and associated review fees, the
shall review the application and determine if the proposed amendment should be treated as if it were initiated by the Town.
2. The
shall prepare a written report to be provided to the applicant, the Town Council, and the Planning Commission prior to the legislative hearing.
3. Citizen Comments. In addition to comments provided at the public hearing, any resident or property owner in the Town may submit a written statement regarding a proposed text amendment to the Town Clerk at least two business days prior to the proposed vote on the amendment. The Town Clerk shall submit the written statement(s) to the Town Council at any time prior to the vote.
4. The Town Council shall refer the text amendment to the Planning Commission at the end of the hearing.
5. The Planning Commission shall review the proposed amendment and forward a recommendation to the Town Council for consideration. If the Planning Commission is not prepared to issue a recommendation, it may request the Town Council delay or continue final action on the amendment until the Planning Commission is prepared to give a recommendation.
6. The Town Council may not take final action on the proposed amendment until it receives the recommendation from the Planning Commission or until sixty (60) days have passed since the proposal referral.
C. Approval Criteria.
1. The extent to which the proposed text amendment is consistent with the remainder of the UDO, including, specifically, any purpose and intent statements.
2. The extent to which the proposed text amendment represents a new idea not considered in the existing UDO, or represents a revision necessitated by changing circumstances over time.
3. Whether or not the proposed text amendment corrects an error in the UDO.
4. Whether or not the proposed text amendment revises the UDO to comply with state or federal statutes or case law.
(Ord. No. 3376, § 7, 1-17-06; Ord. No. 3558, § 2, 7-7-09; Ord. No. 3801, § 2, 12-7-15; Ord., 3- 16-21)
3.7.1. Zoning Compliance Permit.
B. Effect. It shall be unlawful to construct, grade, alter, excavate, or move, any land or , including accessory structures, or to establish or change any use, without a valid Zoning Compliance Permit issued by the .
C. Application.
1. Submittal. The application for a Zoning Compliance Permit shall be submitted to the at the time of permit application. Where a permit is not required, the application shall be made prior to initiating any activity described herein.
2. Contents. The application form shall be accompanied by a written statement and scaled plans or drawings showing the following detail:
a.
shape(s), location(s), and dimensions.
b.
shape(s), size(s), and location(s).
c. Existing and intended
of
and
.
d. Additional information as requested by the
, including, parking, landscaping, screening, buffers, signage,
hazards, and floor areas.
D. Review.
1. Approval. If the determines that the application conforms to the requirements of this UDO, the shall issue the Zoning Compliance Permit.
2. Denial. If the determines that the application does not conform to the requirements of this UDO, the shall deny the Zoning Compliance Permit and provide written notice to the applicant.
E. Expiration. Failure to begin activities outlined in the Zoning Compliance Permit within one year shall render the permit of no further force and effect.
(Ord. No. 3558, § 2, 7-7-09; Ord., 3-16-21)
3.7.2. Sign Permit.
A. Purpose. It is the purpose of this subsection to permit and regulate signs and their placement in such a way as to support and complement the land use objectives set forth in this UDO and in other Town Council declarations of policy; to avoid endangering the public safety, and not confuse or mislead a driver or obstruct the vision necessary for traffic safety; and to advance the economic stability, preservation and enhancement of property values, and the visual impact and image of the Town.
B. A
is a type of Zoning Compliance Permit, with additional standards as described herein. Where conflict occurs, these standards shall apply. Where a standard is not referenced or modified, the existing standard shall apply.
C. For standards related to signs and
s, see Article 7, General Development Standards.
D. Applicability.
1. Except as otherwise provided in this UDO, no
may be erected, moved, enlarged, or altered except in accordance with and pursuant to a
.
2. No
shall be issued unless the plans and information submitted demonstrate that the
will conform to all applicable requirements of this UDO.
E. Application. A application shall be submitted in accordance with the requirements maintained by the Planning Department.
F. The
shall review each
application and act to approve, approve with conditions, or deny the permit. The
may grant approval with conditions only to the extent that such conditions specify the actions necessary to bring the application into complete compliance with this UDO.
G. A
may also require separate
and electrical permits from the Town.
H.
permits expire as a Zoning Compliance Permit would.
(Ord. No. 3558, § 2, 7-7-09; Ord., 3-16-21)
3.8.1. Site Plan.
A. Applicability. A valid site plan approval is required prior to issuance of a Zoning Compliance Permit or permit for:
1. Any new nonresidential, mixed use, and residential
, excluding single family detached homes and duplex (aka two-family homes).
2. Any change of
from residential to nonresidential.
3. Any amenity, facility, parking area, developed common area, or accessory area, excluding discrete areas of signage permitted through the
process.
B. Review. Upon certification by the TRC that the site plan meets (or will meet) all applicable standards of this Ordinance and other Town ordinances, the shall approve the site plan with or without conditions. Approval with conditions is only permitted to the extent that such conditions specify the actions necessary to bring the application into complete compliance with this UDO. Should the TRC determine that all such requirements and provisions have not been satisfied, the shall deny the application.
(Ord. No. 3558, § 2, 7-7-09; Ord., 3-16-21)
3.8.2. Administrative Modifications.
A. Applicability. An administrative modification may be requested for any valid approval or site specific vesting plan, including conditional zoning districts and special use permits.
B. The
shall make administrative design modifications to approved plans, permits, or
approvals according to the following standards.
C. Any design modifications not identified as “major” shall be considered minor design modifications.
D. Minor Design Modifications.
1. Minor design modifications to approved permits are permissible with the approval of the
.
2. Cumulative minor modifications that together would result in a major modification or deviation from the original entitlement shall trigger review as a major modification and shall be subject to the appropriate review process.
3. The
and TRC shall review the modifications for consistency with this UDO and adopted Town plans and specifications and approve or deny the modification.
4. If review of a minor modification requires the application of subjective review criteria or standards, it shall be considered a major design modification.
E. Major Design Modifications.
1. Major design modifications require review according to the appropriate review procedure per the Review Authority Table (3.3).
2. Major design modifications include:
a. Removal of a new vehicular access point to an existing
,
, or thoroughfare.
b. Modification of special performance criteria, design standards, or other conditions or requirements specified in the original entitlement.
c. An increase or decrease in the total number of residential
s by ten percent or greater.
d. An increase in total floor area by ten percent or greater or a decrease in total floor area by twenty percent or greater.
e. Any increase in number of parking spaces of greater than ten percent.
f. Any increase greater than twenty percent or decrease of greater than ten percent in open space.
g. Any increase greater than ten percent in the amount of public right-of-way or utilities, provided that any change in location or reduction in amount must also be reviewed and approved by TRC else it shall be determined a major modification.
(Ord., 3-16-21)
3.8.3. Written Interpretation.
A. Applicability. When uncertainty exists and unless otherwise specified, the shall be authorized to make all interpretations concerning the provisions of this Ordinance, review of administrative decisions taken in accordance with this Ordinance, including determination of existing vested rights of property in accordance with Section 3.8.3.
B. Application Requirements. An application for a written interpretation shall be submitted in accordance with this Section. Such application shall provide a request of sufficient detail for the rendering of an interpretation.
C. Action.
1. The
shall review and evaluate the request in light of the text of this Ordinance, the Zoning Map, all adopted plans, policies, or land use documents, and any other relevant information.
2. Following completion of any technical reviews by staff, the
shall render an opinion.
3. The interpretation shall be provided to the applicant in writing.
D. Official Record. The Administrator shall maintain an official record of all interpretations. The record of interpretations shall be available for public inspection during normal business hours. The rendering of an interpretation on a specific piece of land does not necessarily constitute a precedent.
(Ord., 3-16-21)
3.9.1. Administrative Appeals.
A. Applicability. Any possessing standing under G.S. § 160D-1402(c) may appeal a final order, interpretation, or administrative decision of the to the Board of Adjustment.
Commentary (01/01/2021): In general, only an aggrieved party may bring an appeal.
B. Effect of Appeal. Pursuant G.S. § 160D-405(f), an appeal does not stop action lawfully approved by the Town but stays enforcement of actions presumed in violation of this UDO.
C. Enforcement and Fines. Pursuant G.S. § 160D-405, enforcement action and accrual of fees and fines shall be stayed from the filing of the appeal until the time of decision.
D. Process.
1. Application. The aggrieved party must file a petition with the Town Clerk within thirty days of the written decision described in Section 3.4.8. Any other party with standing must file a petition with the Town Clerk within thirty days of actual or constructive notice of the disputed decision.
2. Record of Administrative Decision. The shall transmit all materials constituting the record of the contested action to the Board of Adjustment, the appellant and/or the owner.
3. Public Notice. Public notice is required in accordance with Section 3.4.6 Public Notice Requirements.
4. Witnesses. The official who made the decision, or his or her successor, shall appear at the hearing as a witness.
5. Decision. The Board of Adjustment may make a motion to reverse, affirm (wholly or partly), or modify the order. A majority shall be required to decide the case. For the purposes of this Section, vacant positions on the Board and members who are disqualified from voting shall not be included in the calculation of the requisite majority if there are no qualified alternates available.
6. Notice of Decision. See Section 3.4.8.
7. Appeals. Appeals of decisions of the Board of Adjustment shall be directed to the Superior Court.
(Ord. No. 3558, § 2, 7-7-09; Ord. No. 3720, § 3, 12-2-2013; Ord., 3-16-21)
3.9.2. Special Use Permit.
A. Special use permits, as defined in G.S. § 160D-102(30) and described in G.S. § 160D- 705(c), are required for uses which in an unmitigated state may create negative impacts to neighboring properties or uses. This process allows each proposed
to be evaluated by its merits and conditions specific to each site.
B. Applicability. In addition to the other special uses listed in the use table in Article 5, General Development Standards, the following types have significant city-wide impacts and require special use permits:
1. Any nonresidential or mixed-use
encompassing 100,000 or more square feet of gross floor area.
2. Any single-family residential subdivision of 200 or more lots.
3. Any multifamily residential
of 100 or more units.
C. Staff Review. Upon receipt of the application and determination of completeness, the shall create a report for the Town Council.
D. Special Use Review Criteria. Special use applications may be approved by the Town Council if it finds that all the following findings of fact have been met:
1. The proposed
will not endanger the public health or safety.
2. The proposed
will not substantially injure the value of adjoining or abutting property.
3. If completed as proposed, the
will comply with all requirements of this Ordinance.
4. The proposed
is consistent with the Town’s adopted transportation plan(s), other relevant adopted plans and policies, and the stated purpose and intent of this UDO (the fact that the
is permitted under certain circumstances in the zoning district creates a rebuttable presumption that the proposed use is in harmony with the intent of the UDO as relates to the general zoning plan).
5. The proposed
is compatible with adjacent uses and proximate neighborhood in terms of
scale, site design, buffering and screening, operating characteristics (hours of operation, traffic generation, lighting, noise, odor, dust, and other external impacts).
6. Any significant adverse impacts resulting from the
will be mitigated or offset, including impacts on the natural environment.
7. The public safety, transportation and
and services will be available to serve the subject property while maintaining sufficient levels of service for
.
8. Adequate assurances of continuing maintenance have been provided.
E. Conditions of Approval.
1. Without limiting the foregoing, the permit-issuing authority may attach a condition limiting the permit to a specified duration or may otherwise impose such reasonable conditions as necessary to address the impacts of the proposed developments on:
a. Adjoining property.
b. The existing natural and man-made features of the site.
c. Off-site and on-site traffic flow.
d. Public utilities, infrastructure, and services.
e. Such other public services or goals of the Comprehensive Growth Plan, adopted plans, or the Transportation Plan that may be negatively impacted by the proposed
.
2. All additional conditions or requirements shall be recorded on the permit and shall be affirmed be deemed to have been consented to by the applicant unless the decision is properly appealed in accordance with G.S. 160D-406(k).
3. All additional conditions or requirements authorized by this section are enforceable in the same manner and to the same extent as any other applicable requirements of this UDO.
4. A vote may be taken on additional conditions or requirements before consideration of whether the permit should be denied for any of the reasons set forth above. The applicant must give written consent to any conditions for the permit to be valid.
(Ord. No. 3376, § 12, 1-17-06; Ord. No. 3396, § 2, 4-3-06; Ord. No. 3558, § 2, 7-7-09; Ord. No. 3694, § 1, 5-21-2013; Ord., 3-16-21)
3.9.3. Traffic Impact Analysis.
A. Applicability.
1. A Traffic Impact Analysis (TIA) shall be required for projects that are anticipated to generate 100 or more peak hour vehicle trips, based on the latest edition of the Institute of Transportation Engineers (ITE) Traffic Generation Manual.
2. A Traffic Impact Analysis shall be required for projects that are anticipated to generate 1,000 or more average daily trips (ADT), based on the latest edition of the ITE Traffic General Manual.
Commentary (01/01/2021): The application of these provisions should match the type of development proposed so that excessive study scope requirements are not unreasonably imposed.
B. Scope.
1. When a traffic impact analysis is required, the
and the Town Engineer shall determine the type and scope of the study jointly during a meeting with the applicant. The
may also involve representatives of other agencies or departments. The elements to be determined during the scoping session shall include:
a. Type of Study. A letter report, full traffic impact analysis report, or special report (such as a sight distance survey) may be required.
b. Definition of Impact Area. The points of access and key streets and intersections that may be affected by of the subject tract constitute the impact area. Traffic recorder and turning movement assessment locations shall also be determined.
c. Period of Analysis. The period of analysis shall be for both the morning and afternoon peak hour.
d. Analysis Scenarios. Scenarios for analysis shall include existing conditions, and opening year with and without , and shall include increments of five years after opening until the expected completion of the project, with or without .
e. Assumptions. Trip generation and distribution assumptions including trip generation categories, diversion assumptions and distribution assumptions. Assumed rate of growth in background traffic, and developments in the area that have been approved or are under review shall also be included.
f. Duration of Study. The duration of traffic studies (the time period for which they are considered a valid basis for approvals) for large projects, particularly Planned Developments, will be evaluated on a case-by-case basis as part of the application review process.
2. Study Elements.
a. The following details shall be required as determined in the scoping meeting:
i. Existing Conditions Survey.
(a) Street System Description. The system shall be described, including geometric features, lane usage, traffic control, signage, sight distances, and adjacent uses and curb cuts.
(b) Traffic Volumes. Existing traffic volumes shall be provided for the impact area, including both average annual daily traffic (AADT) and peak hour volumes. AADT may be derived from current counts of the North Carolina Department of Transportation (NCDOT), where available, and peak hour volumes shall be provided from field counts. Data shall be adjusted for daily and seasonal variations. Turning movement counts for peak hour shall be provided for critical intersections.
(c) Capacity Analysis. Existing capacity of signalized and unsignalized intersections.
(d) Other Details. Other details may be required at the discretion of the Town Engineer or depending upon the type and scale of the project. These may include, but are not limited to, queue length analysis, pedestrian counts, accident data, traffic speeds (both 50th and 85th percentile), and stopping distances.
ii. Future without Development. Capacity analysis shall be based on the Highway Capacity Manual or other methodology approved in advance by the Town Engineer.
iii. Future with Development.
(a) Projections of peak hour traffic generation shall be made using the latest edition of the Institute of Transportation Engineers (ITE) Trip Generation Manual, unless the Town Engineer determines that locally derived data will provide more accurate forecasts. Data from similar facilities may be used where the information is not available from ITE.
(b) Special analysis may be required to determine the need for signalization, minimum safe sight distances, gap analysis, turning radius requirements, queue length analysis, turning lane length analysis, curb cut locations or similar requirements.
iv. Mitigation Plan. Where the analysis indicates that the project will create deficiencies in the impact area, improvements shall be recommended, along with projected cost estimates. The design of improvements shall be in accordance with the Town of Garner or the North Carolina Department of Transportation (NCDOT), as appropriate. Where a mitigation plan is not adequate to address the traffic impacts of the project, it may serve as a basis for denial of the rezoning, preliminary plat, site plan or Planned request.
v. Consultants. The or the Town Engineer shall require that an independent consultant be hired by the Town to perform the required studies, or to review all or part of a study prepared by the applicant's consultant. The or Town Engineer are authorized to administer the contract for any such consultant.
(a) The Town shall determine the scope of services to be performed by the independent consultant and receive a cost estimate of such services.
(b) The applicant shall provide an amount equal to the estimate to the Town, who shall deposit the amount in an escrow or other special account set up for this purpose. Any funds not used shall be returned to the applicant in a timely manner, without interest.
(c) The Town may require additional funds for independent review where a decision-making body expands the scope of the required review; the applicant substantially amends the application; additional meetings involving the consultant are requested by the applicant; or the consultant's appearance is requested at public or affected agency meetings beyond those anticipated in the original scope of services.
(Ord., 3-16-21)
3.9.4. Variance.
A. Applicability.
1. Where, owing to special conditions, a strict enforcement of the provisions of this UDO would result in unnecessary hardship to the property owner, the Board of Adjustment is authorized to grant variances from standards of this UDO in accordance with the public interest or the spirit of this UDO.
2.
s proposed within a
or regulatory
must also meet the criteria of Flood Mitigation (per Section 3.10.1).
B. Burden of Proof. The applicant seeking the shall have the burden of presenting sufficient evidence to warrant Board approval.
C. Process.
1.
applications shall be submitted to the
for review and determination of completeness. The
shall prepare a written report to be provided to the applicant prior the Board of Adjustment meeting.
2. Public notice shall be provided in accordance with Section 3.4.6.
3. The Board of Adjustment shall hold a public hearing to review the matter. Pursuant to G.S. § 160D-705(d), the Board may grant variances which meet the following findings of fact:
a. Unnecessary hardship would result from the strict application of the regulation. It shall not be necessary to demonstrate that, in the absence of the
, no reasonable
can be made of the property.
b. That the hardship results from conditions that are peculiar to the property, such as location, size, or topography. Hardships resulting from personal circumstances, as well as hardships resulting from conditions that are common to the neighborhood or the public, may not be a basis for granting a
.
c. The hardship did not result from actions taken by the applicant or the property owner. The act of purchasing property with knowledge that circumstances exist that may justify the granting of a
shall not be regarded as a self-created hardship.
d. The requested
is consistent with the spirit, purpose, and intent of the regulation, such that public safety is secured, and substantial justice is achieved. A
shall be granted when necessary and appropriate to make reasonable accommodation under the Federal Fair Housing Act for a
with a disability.
4. Upon Board review and the public hearing, the Board of Adjustment shall make one of the following determinations:
a. Approval
b. Approval with Conditions or Modifications. Such conditions shall be included in the written decision and shall be deemed to have been consented to by the applicant unless the decision is properly appealed in accordance with G.S. § 160D-406(k).
c. Denial
5. Written Decision. The written decision shall be provided to the applicant.
(Ord. No. 3720, § 2, 12-2-2013; Ord., 3-16-21)
3.9.5. Temporary Use Permit.
A. Applicability. Temporary uses operating for up to ninety days within a one-year period shall obtain a temporary use permit from the that outlines conditions of operations to protect the public, health, safety, and welfare.
B. Types. Temporary uses shall include short-term or seasonal uses that are not otherwise permanently allowed in the zoning district regulations.
C. Application. Applications shall include a description of the proposed , the duration, the hours of operation, anticipated attendance, associated or , written permission from the property owner, and additional information deemed necessary by the .
D. Review by Technical Review Committee.
1. The application should be submitted at least thirty (30) days prior to the requested start date.
2. The
shall request additional materials or revisions to the application, approve, approve with conditions, or deny the permit at least ten business days in advance of the requested start date.
3. The
shall provide written decisions for all denials.
E. Approval Criteria. The Technical Review Committee shall evaluate temporary uses based on the following standards:
1. Land Use Compatibility. The temporary use must be compatible with the purpose and intent of this UDO and the associated zoning district. The temporary use shall not impair the primary of the same site.
2. Review by Building Official. Any temporary s shall require permits or approvals by the Official and Fire Code Inspector. If necessary, the applicant must obtain approvals from the State of North Carolina and Wake County Health Department.
3. Hours of Operation and Duration. Hours of operation and duration shall be approved by the at the time of permit issuance.
4. Traffic Circulation. The Town Engineer shall determine that the temporary use will not disturb traffic patterns or cause undue congestion.
5. Off-street Parking. Adequate off- parking must be provided for the without creating greater than a 25% shortage of parking for permanent uses.
6. Appearance and Nuisances. The temporary use shall be compatible in intensity, appearance, and operation with surrounding land uses. It shall not impair the usefulness, enjoyment, or value of the surrounding properties by introducing nuisances.
7. Signs. The shall review and approve all signage prior to issuing the permit.
F. Other Conditions. The applicant must adhere to conditions specified by the Technical Review Committee. These conditions may but are not limited to screening and buffering, site restoration, and clean-up provisions, in addition to any of the criteria described above.
G. Expiration. If the temporary use has not commenced within ninety days of the requested event start date, the permit shall expire.
(Ord., 3-16-21)
3.10.1. Flood Mitigation.
Commentary (1/1/2021): The term “variance” as used in this subsection only applies to relief from the
provisions.
A. No
shall be issued within any designated
or regulatory
unless the Board of Adjustment finds the following:
1. The proposed
is not likely to cause any increase in
levels during the
discharge; and
2. The granting of a
will not result in increased
heights, additional threats to public safety, extraordinary public expense, create nuisance, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances.
B. In evaluating a
application, the Board of Adjustment shall consider all technical evaluations and all relevant standards specified in other sections of this UDO. Additionally, the Board shall assess:
1. The danger that materials may be swept onto other lands to the injury of others
2. The danger of life and property due to flooding or erosion damage
3. The susceptibility of the proposed facility and its contents to
damage and the effect of such damage on the individual owner
4. The importance of the services provided by the proposed facility to the community
5. The necessity to the facility of waterfront location, where applicable
6. The availability of alternative locations, not subject to flooding or erosion damage, for the proposed uses
7. The compatibility of the proposed
with existing and anticipated
8. The relationship of the proposed
to the Comprehensive Growth Plan and
management program for that area
9. The safety of access to the property in times of
for ordinary and emergency vehicles
10. The expected heights, velocity, duration, rate of rise and sediment transport of the
waters and the effects of wave action, if applicable, expected at the site and
11. The costs of providing governmental services during and after
conditions including maintenance and repair of public utilities and facilities such as sewer, gas, electrical, and water systems, and streets and bridges.
(Ord., 3-16-21)