A.

Permit Approval Required. No person shall undertake any land use and/or development activity subject to this Ordinance without first obtaining approval from the City. Upon approval by the City, a permit shall be issued for the approved land use and/or development activity. Certain permits associated with land use and/or development are issued by agencies other than the City of Gastonia, as noted below. In any case where an application is made to operate more than one (1) use on a property, the Administrator shall determine either which use or uses shall be the principal use or uses, or if there are multiple principal uses, and the type of Zoning Compliance Permit (zoning permit) that is required for the following categories of use(s) appearing in Table 7.1-1 located in Chapter 7 of this Ordinance: Permitted by Right, Special Use Permit, or Permitted by Right with Additional Standards. Upon determination of the use(s) and the type of zoning permit(s) required shall indicate such decision to the applicant. In accordance with G.S. 160D-108(b) "Permit Choice," if a land development regulation is amended between the time a development permit application was submitted and a development permit decision is made or if a land development regulation is amended after a development permit decision has been challenged and found to be wrongfully denied or illegal, G.S. 143-755 applies.

B.

Fees. The City Council shall establish a Schedule of Fees, Charges and Expenses, and a collection procedure, for zoning permits and plan approvals issued by the City. No approval, permit, certificate, variance, etc. shall be processed and/or issued unless or until such charges have been paid in full.

C.

Periodic Inspections. The Administrator, or their designee shall have the right, upon presentation of proper credentials to enter on any premises within the City's jurisdiction at any reasonable hour for the purposes of inspection, determination of plan compliance, or other enforcement action.

D.

Expiration of Zoning Permits and Approvals. Permits and approvals, other than those identified in Section 5.4.3.E below, shall run with the land and expire as set forth in the process for each permit and/or approval based upon permit and approval type detailed in this Chapter.

E.

Applicants.

1.

Unless otherwise specified in this Ordinance, applications for review and approval may be initiated by (1) the owner of the property that is subject to the application; or, (2) the owner's authorized agent(s).

2.

When an authorized agent files an application on behalf of a property owner, the agent shall provide the Administrator with written documentation that the owner of the property has authorized the filing of the application.

3.

In certain instances, a governing board may initiate an application. When such a petition is filed, it is being done without prejudice toward the final outcome.

4.

All uses, signs, structures, buildings, or other improvements addressed by this Ordinance shall be in compliance with this Ordinance and all other applicable federal, State, and local codes and Ordinances.

(Ord. No. 21-739, § 1, 6-15-21)

The purpose of these requirements is to promote orderly development and to ensure that such activities are developed in a manner that is consistent with the regulations of this Ordinance and all other applicable codes. Accordingly, a site plan for most uses shall be required to be submitted to the Subdivision Administrator and reviewed by the staff-appointed technical review committee prior to the issuance a zoning permit or certificate of occupancy. For uses located within a designated floodplain, information that is shown in Section 6.6.2.1 (D)(1) shall accompany the site plan application.

(Ord. No. 10-585, § 2, 8-17-10)

Site plan review shall be required for all uses and developments; however, single-family dwelling units (including modular homes), manufactured homes, and accessory structures to such dwellings shall be exempt from this requirement. Notwithstanding, the Administrator may waive any or all of the site plan requirements or require a minor site plan in any of the following cases when they determine that the submission of a complete site plan would serve no useful purpose:

1.

One storied non-residential accessory structures (not to exceed seven hundred fifty (750) square feet; or one thousand two hundred (1,200) square feet, if open on all sides);

2.

Any enlargement of a principal building by less than twenty (20) percent of its existing size provided such enlargement will not result in a requirement for additional off-street parking (excluding those uses which otherwise would require approval by the Planning Commission and/or City Council);

3.

A change in principal use where such change would not result in a change in building coverage, off-street parking or other external site characteristics, landscaping, or screening; or

4.

The first two (2) modular classroom buildings at a school.

(Ord. No. 21-739, § 1, 6-15-21)

5.2.2-1 ;hg;Site Development and Construction Plans.

A.

Purpose. The site development and construction plan review process is required for development projects located within the City of Gastonia in order to prepare for expected impacts upon public services and facilities. This review process is established to assure that adequate services and facilities can be provided for these developments and to assure that they do not negatively impact the area in which they are proposed to be located or the City as a whole. Proposed developments involving new construction, additions, renovations, and changes of use which fall into one or more of the following categories are subject to the Site Development Plan review process:

1.

New construction and changes of use.

a.

Non-residential buildings, structures, or developments with a gross floor area of more than 100 square feet;

b.

Any residential development containing more than two (2) individual units; and/or

c.

Any development where public streets are extended.

2.

Additions to existing buildings increasing gross floor area by more than 100 square feet of Floor Area (Gross).

3.

Properties located within 1,500 feet of each other, under the same ownership and/or developed by the same developer over a period of three years or less shall be considered to be one development and reviewed as such.

B.

Exemptions. Projects within the City of Gastonia involving new construction, additions, renovations, and changes of use which do not meet the minimum size requirements of the Site Development Plan review processes as set forth in subsection 5.2.2-1(A) above shall be reviewed as Zoning Permit in accordance with the provisions of Section 5.5 of this Article.

C.

Pre-application procedure. All applicants for Site/Development Plan review are required to schedule a predevelopment conference with the Administrator prior to the preparation of development plans. This conference allows the applicant and Administrator an opportunity to discuss the review process, the requirements for completing the review schedule, contact persons for services and permits, and information regarding Site Development Plans and development requirements.

D.

Submittal.

1.

Application required. An application and Site Plan shall be required for all Site/Development/Vesting Plan review requests. This application shall contain pertinent information regarding the proposed project and shall be accompanied by a Site Plan. The Site Plan shall contain the following:

a.

Property boundaries with dimensions;

b.

PIN for property;

c.

Location of adjacent streets, right-of-ways, and utility easements;

d.

Dimensioned footprint and setbacks of the existing and proposed structures with gross floor area indicated;

e.

Dimensions of existing and proposed impervious surfaces;

f.

Location and number of parking spaces;

g.

Location and size of buffer and landscape areas;

h.

Location of existing and proposed driveways and/or streets;

i.

Location of all flood zones;

j.

Location of adjoining properties and both the existing zoning designation and use of these properties;

k.

Names and addresses of adjoining property owners;

l.

Number of stories and overall height of all existing and proposed structures;

m.

Location of proposed stormwater facilities;

n.

Location of existing and proposed dumpster and recycling containers;

o.

Generalized depiction or description of natural features on and immediately adjoining the site, including streams and other water bodies, steep slopes, areas covered by tree canopy, etc.; and

p.

Other information determined by the Administrator as necessary to evaluate the request.

2.

Preparation by professional. Site Plans for developments requiring Site/Development Plan review shall be prepared by a registered architect, engineer, landscape architect, or land surveyor licensed in the State of North Carolina for the work in which they are trained and licensed to perform.

E.

Staff review.

1.

Planning Department staff review.

Plans for development requiring Site Plan/Development Plan review shall be reviewed by the Administrator for compliance with the requirements of this Article and standards and specifications of this Ordinance and the Technical Standards & Specifications Manual.

2.

Submittal of plans to Administrator.

The Administrator reviews the Site Plan/Development Plans for compliance with the applicable requirements of this Ordinance and other applicable Ordinances and laws, to which their respective jurisdiction applies. This review shall be made by the Administrator and by any other agencies or officials as requested by the Administrator.

F.

Permit validity. Approval of Site/Development Plans and zoning permits authorized by G.S. 160D-403 for developments requiring Site/Development Plan review shall run with the land and constitute approval of a site-specific vesting plan in accordance with G.S. 160D-108(d) and be valid for two (2) years from the date of approval unless a greater timeframe is authorized by G.S. 160D-108. Failure to submit construction plans, initiate construction, or otherwise begin the permitted use, within this time shall render the Site/Development Plan approval void. The Administrator may grant a single extension of this time period of up to three (3) years upon submittal by the applicant of sufficient justification for the extension. Multi-phased development containing 25 acres or more remains vested for a period of seven (7) years from the time a site plan approval is granted as authorized in G.S. 160D-108(f).

G.

Site Construction Plans.

1.

Site Construction Plan required. A complete and comprehensive set of Site Construction Plans shall be required for all Site Development Plan review requests following Site/Development Plan approval per Section 5.2.2-1.E above. This submittal shall contain pertinent information regarding the proposed project and shall be accompanied by the approved Site/Development Plan per 5.2.2-1.E herein above illustrating any and all deviations from the approved Site/Development Plan. The Site Construction Plan shall contain the following:

a.

Property boundaries with dimensions;

b.

Location of adjacent streets/roads including existing right-of-way and/or easement(s);

c.

Location and design of proposed streets including cross-sections in accordance with the Gastonia Technical Standards & Specifications Manual, centerline profile(s), and the proposed right-of-way;

d.

Location of existing and proposed utilities, including easements associated with both;

e.

A grading plan showing existing and proposed contours demonstrating both positive drainage characteristics and smooth grade transitions to avoid abrupt "v" ditches, swales and other disruptions to the landscape on residential building lots, particularly between buildings where open space enhancements for use by persons actively utilizing the landscape and/or yard area. The use of crawl-space or stem-wall construction techniques in detached residential structures and professional landscape design is required to meet this characteristic of site development;

f.

Location of existing and proposed stormwater detention, retention, collection, and conveyance facilities;

g.

Dimensions of existing and proposed impervious surfaces;

h.

Location of existing structures and either proposed structures or proposed building envelopes;

i.

Location and number of existing and proposed parking spaces, including loading spaces, maneuvering areas, and fire lane(s);

j.

Location and size of buffer and landscape areas;

k.

Location of existing and proposed driveways and/or streets;

l.

Location of all flood zones;

m.

Location of adjoining properties and both the current zoning designation and use of these properties;

n.

Names and addresses of adjoining property owners;

o.

Number of stories and overall height of all existing and proposed structures;

p.

Location of existing and proposed dumpster and recycling container area(s);

q.

Generalized depiction or description of natural features on and immediately adjoining the site, including streams and other water bodies, steep slopes, areas covered by tree canopy, etc.; and

r.

Other information determined by the Administrator as necessary to evaluate the request.

2.

Preparation by professional. Construction Plans for developments requiring Site Development Plan review shall be prepared by a registered architect, engineer, landscape architect, or land surveyor licensed in the State of North Carolina for the work in which the professional is trained and licensed to perform.

(Ord. No. 21-739, § 1, 6-15-21)

A.

Each site plan shall be prepared in a legible manner, drawn to scale, and accurately depicting the location of the property boundaries of the lot(s) in question and the location of all proposed structures.

B.

The City Engineer shall establish and maintain standards for the submission, content, and review of site plans. Each site plan shall be prepared and submitted in accordance with and contain the information required by said standards, except that the Administrator shall have the authority to waive one or more submittal requirements for a particular development where, in the Administrator's opinion, such submittal would serve no useful purpose.

C.

All features and elements of the site plan shall conform in all respects to all applicable provisions and standards of the General Statutes of North Carolina; the Ordinances of the City of Gastonia; and the standards and requirements of the North Carolina Department of Transportation and the North Carolina Department of Environment, Health and Natural Resources.

D.

The staff-appointed technical review committee shall review and shall have the authority to approve submitted site plans. Such review and approval shall be based on conformity of the proposed use, improvement, and/or development to the policies, standards, and requirements of the city and all applicable city, county, state and federal requirements.

Except under extenuating circumstances, within twenty-one (21) days of the receipt of a complete site plan, the technical review committee shall approve, approve subject to conditions, disapprove, or otherwise make comments on the submitted site plan. The applicant shall be notified of the actions of the technical review committee.

The applicant may appeal the technical review committee's decision to the Planning Commission for its review and recommendation prior to a final action being taken by the City Council. All such appeals must be submitted in writing to the planning department staff at least twenty (20) days prior to the next regularly scheduled Planning Commission meeting.

(Ord. No. 21-739, § 1, 6-15-21)

Approval of Site Plans and zoning permits authorized by G.S. 160D-403 for developments requiring Site Plan review shall run with the land and constitute approval of a site-specific vesting plan in accordance with G.S. 160D-108(d) and be valid for two (2) years from the date of approval unless a greater timeframe is authorized by G.S. 160D-108. Failure to submit construction plans, initiate construction, or otherwise begin the permitted use, within this time shall render the Site Development Plan approval void. The Administrator may grant a single extension of this time period of up to three (3) years upon submittal by the applicant of sufficient justification for the extension. Multi-phased development containing 25 acres or more remains vested for a period of seven (7) years from the time a site plan approval is granted as authorized in G.S. 160D-108(f).

(Ord. No. 21-739, § 1, 6-15-21)

A building permit or structure that is governed by the State Building Code may be erected, added to, structurally altered, moved, occupied or demolished only after the Gastonia Planning Department, Inspections Division has issued a building permit for such work. A building permit shall be issued only for work that conforms to the requirements and standards of this Ordinance (and all other applicable Ordinances) and the terms and conditions of any other permits, approvals, or variances granted pursuant to this Ordinance.

An application for a building permit shall be filed with the appropriate department (per Section 5.4.1.) Applications reviewed shall be complete and include a fee, if applicable, in accordance with a fee schedule approved by the Gastonia City Council and contain all requisite information called for. In addition, any application for new construction shall be accompanied with evidence that such construction shall be able to hook onto a public water and sewer system, per Section 13.19, if so required. If connection onto a public water or sewer system is not mandated, a valid authorization for a Wastewater Construction Permit and a Well Installation Permit from the Gaston County Environmental Health Department shall be required.

A.

When a complete application for a building permit has been submitted, it shall be reviewed in an expeditious manner to determine if the proposed work complies with the provisions of this Ordinance and all other applicable codes and regulations.

B.

Where any provision of the North Carolina General Statutes require that work be done by a licensed contractor of any kind, no building permit for such work shall be issued unless it is to be performed by such licensed specialty contractor.

C.

Approval and distribution of drawings and specifications shall be coordinated by the Gastonia Planning Department, Inspections Division and shall conform to the current edition of the North Carolina State Building Code.

D.

Any building permit issued shall be conspicuously posted by the applicant on the property for which it was obtained. The building permit shall remain so posted until the applicant has obtained a certificate of occupancy per Section 5.6 of this Ordinance.

E.

Any building permit issued shall become null and void unless the work approved by the permit is commenced within six (6) months after the date of issuance. No work shall be considered to have been commenced for purposes of this paragraph until an inspection has been made and recorded. If after commencement, the work is discontinued for a period of twelve (12) months, the permit shall immediately expire. "Discontinued" shall mean the failure to schedule and obtain building inspections for a period of twelve (12) months per 160D-1111. No work authorized by any building permit that has expired shall thereafter be performed until the building permit has been reinstated, or until a new building permit has been secured.

(Ord. No. 21-739, § 1, 6-15-21)

Except as may be allowed by the City of Gastonia, the applicant shall provide a minimum of twenty-four (24) hours' advance notice to the Gastonia Planning Department, Inspections Division that the work completed is ready for inspection under the State Building Code. Upon receiving such notification, the Gastonia Planning Department, Inspections Division shall inspect the work. No certificate of occupancy shall be issued prior to the satisfactory completion of all inspections.

A.

Once an approved building permit has been issued, no substantial changes or deviations from the terms of the permit or the application and accompanying plans and specifications shall be made without the specific written approval of such changes or deviations by the Gastonia Planning Department, Inspections Division.

B.

An amendment to the building permit that requires payment of an additional fee, either because of an increase in the size of the buildings, a change in the scope of work, or an increase in the estimated cost of the proposed work, shall not be approved until the applicant has paid the additional fees and the amendment has been properly reviewed and approved for conformity with the State Building Code.

C.

Any request involving a change in tenancy or occupation of an existing structure shall require review and approval of a Building Permit application consistent with the requirements of this Section.

(Ord. No. 21-739, § 1, 6-15-21)

No building or other structure (except as otherwise provided in Section 5.5.D) shall be placed, erected, moved, extended or enlarged or structurally altered, nor shall there be a change in principal use, nor shall any excavation or filling for such purposes be commenced, until the Administrator has issued a zoning permit for such work in accordance with a fee schedule established by the City. Except as provided in Section 5.2, a zoning permit will not be issued for a particular development until site plan review and approval has been made by the Administrator. A zoning permit may be issued concurrently with site plan approval for the same development.

A.

Review: The Administrator shall endeavor to review the zoning permit application in an expeditious manner and will notify the applicant in writing if a decision on the zoning permit cannot be rendered within twenty-one (21) days from the date of submittal.

B.

Expiration of Zoning Permit: Any zoning permit issued in accordance with this Ordinance will lapse and become invalid unless the work for which it was issued is started within six (6) months of the date of issue, or if the work authorized by it is suspended or abandoned for a period of at least one year.

C.

Conditions for Approval: A zoning permit shall be issued on the basis of an approved site plan (per Section 5.2), or, if a site plan is not required, information accompanying the zoning permit application sufficient to indicate that the use is in accordance with all applicable requirements. A zoning permit application approved by the Administrator authorizes only the use, arrangement, and construction set forth in such approved plans and applications. Failure to adhere to the stipulations contained on an approved zoning permit shall be deemed a violation of this Ordinance.

D.

Zoning Permit Not Required: Notwithstanding any other provisions of this Ordinance (except in the historic overlay district where a certificate of appropriateness may be required), a zoning permit shall not be required for the following uses or activities:

1.

Street construction or repair.

2.

Electric power, telephone, telegraph, cable television, gas, water, and sewer lines, wires or pipes, together with supporting poles or structures, located within a public right-of-way; Essential Services, Class 1.

3.

Signs, as indicated in Section 12.2 of this Ordinance.

4.

Mailboxes, newspaper boxes, walls (that are not a component of a building), fences, birdhouses, flag poles, pump houses, doghouses, and accessory structures less than one hundred forty-four (144) square feet in area.

E.

Right of Appeal: If a request for a zoning permit is disapproved or if a ruling of the zoning administrator is challenged, any aggrieved party may appeal such ruling to the Board of Adjustment in accordance with Section 5.13 of this Ordinance.

F.

Preexisting Zoning Violations: In cases where a preexisting zoning violation has been cited in accordance with Section 15.1, a new zoning permit, for work not related to the violation, shall not be issued until the preexisting violation is brought into compliance.

(Ord. No. 21-739, § 1, 6-15-21)

A.

Any structure hereafter erected, moved, structurally altered, or undergoing a change in principal use, shall not be occupied until a certificate of occupancy has been issued. Any certificate of occupancy issued shall state that the structure or portion thereof is in compliance with the information stated on the zoning permit (if applicable) and with all other applicable provisions of the State Building Code. A record of all certificates of occupancy shall be kept on file in the office of the Gastonia Administrator's Office for five (5) years and copies shall be furnished, on request, to all interested parties. If a certificate of occupancy is denied, the reasons for such denial shall be specified in writing and provided to the applicant.

B.

A temporary certificate of occupancy may be issued permitting occupancy for a stated period of time where it is felt that the building may be safely occupied prior to final completion of all necessary improvements. A temporary certificate of occupancy may also be issued per Section 11.1.2(C) for uses that, at the time of occupancy, are not in complete compliance with the screening and/or landscaping provisions contained in Chapter 11 of this Ordinance.

C.

Utility services (water, gas, electricity, sewer, etc.) shall not be provided to a structure for which a certificate of occupancy is required until such certificate is issued. This requirement shall not preclude the temporary use of such utility services as may be deemed necessary during construction, repair, or alteration. The Administrator shall be responsible for making the determination as to when such "temporary services" may be provided.

(Ord. No. 21-739, § 1, 6-15-21)

A.

For any sign for which a permit is required (refer to Section 12.4), the following information shall be submitted to the Administrator in order for a sign permit to be issued:

1.

An accurate and scaled depiction of the lot upon which the sign is to be located.

2.

Location of all buildings, driveways, and required landscaped/buffered areas on such lot.

3.

Location, type, size and height of all proposed signs.

4.

Location, type, size and height of all existing external signs. Wall signs shall be accompanied by a drawing showing the proposed location of the wall sign on the building.

5.

Other information deemed necessary by the Administrator to ensure that the sign(s) for which a permit is being requested, will be in compliance with all applicable sections of this Ordinance.

B.

Notwithstanding the above, the Administrator shall have the ability to waive or modify any one of the above requirements when strict compliance would serve no practical or useful purpose.

A.

The Administrator shall endeavor to review the sign permit in an expeditious manner and will notify the applicant in writing if a decision on the sign permit cannot be rendered within twenty-one (21) days of submittal.

B.

The Administrator may issue a sign permit concurrently with site plan approval (refer to Section 5.2) and/or zoning permit approval (refer to Section 5.5) for the same development.

Upon issuance of a sign permit, the applicant will have 12 months to commence work on the approved signage, after which the sign permit shall automatically become null and void. Signs included in a Site Plan application and approval are subject to Permit Validity of Section 5.2 of this Chapter.

(Ord. No. 21-739, § 1, 6-15-21)

Temporary use permits are a mechanism to allow a use on a short-term basis and to permit certain seasonal and transient uses that otherwise may not be allowed. When in compliance with all applicable provisions of this Ordinance, certain temporary uses and structures are allowed subject to the issuance of a temporary use permit by the Administrator. Refer to Section 7.6.2FF for temporary structures and uses within an historic district.

All temporary uses will be subject to the requirements contained in Section 5.8.3. Table 5.8-1 shows a list of allowed temporary uses is shown below. Additional supplemental requirements for individual temporary uses are also indicated and are found in Section 5.8.4.

TABLE 5.8-1
ALLOWED TEMPORARY USES

Unless otherwise specified, all temporary uses shall be subject to the following requirements:

A.

Permanent alterations to the site shall be prohibited.

B.

All temporary signs associated with the temporary use shall be removed when the activity ends.

C.

The temporary use may not violate any applicable conditions of approval that apply to a principal use on the site.

D.

If the site is undeveloped, it shall contain sufficient land area to allow the temporary use to occur, as well as any required parking and traffic movement that may be associated with the temporary use without disturbing any required landscaping, screening, natural plantings or other required protective resources.

E.

If the site is developed, the temporary use shall be located in an area that does not negatively impact existing buffers, landscaped areas, required natural plantings, traffic and pedestrian circulation nor significantly impact parking space availability. The Administrator shall have the authority to allow the placement of certain temporary uses in required off-street parking areas and may allow that use to occur upon determining that the use, given its nature, location, time-frame, and anticipated amount of pedestrian or vehicular traffic, would not unduly cause harm by locating in such an area and that existing off-street parking provided on-site is sufficient to accommodate both the existing principal and temporary uses simultaneously.

F.

Tents and other temporary structures shall be located so as to not interfere with the normal operation of any permanent use on the site.

G.

In approving a temporary use permit, the Administrator may impose other requirements that he deems reasonable and necessary to ensure that:

1.

The proposed use will not endanger the public health, welfare or safety; and

2.

The proposed use will not have a substantial negative effect on adjoining or nearby properties.

H.

Prior to the issuance of a temporary use permit, the applicant shall provide proof of the property owner's or an agent of the property owner's permission to occupy such property for the requested temporary use.

I.

All temporary uses shall comply with the permit requirements contained in Table 5.8-1 and conditions contained in Section 5.8.4 and any other requirements applicable to the use in question.

(Ord. No. 21-739, § 1, 6-15-21)

A.

Temporary Real Estate Sales Office/Model Sales Home.

1.

If a modular home is used, it shall have been built to the applicable commercial building code standard. Manufactured and mobile homes built to residential code standards shall not be used as a sales office. All such sales offices shall be in compliance with all applicable Accessibility Code standards.

2.

The structure shall be located on an approved lot within a subdivision as indicated in the recorded final plat.

3.

If the structure is permanently placed on the lot, it must meet applicable setback regulations for the lot; otherwise, the Administrator shall have the ability to waive or modify one or more setback requirements for the placement of the temporary structure.

4.

Off-street parking for at least three (3) vehicles shall be provided. Such spaces need not be paved.

5.

Upon termination of the temporary real estate office or model sales home, the structure shall be converted into a permanent residential use or be removed from the property.

6.

The maximum duration for such uses is as follows: Temporary Real Estate Sales Offices and Model Homes—Three (3) years. Where the Administrator determines that active construction, marketing, and sales of new homes is taking place at the site, he shall have the authority to issue renewals for each in one year increments

B.

Construction Trailers.

Construction trailers used in conjunction with construction projects provided that the following conditions are met:

1.

Such construction trailers shall be located at a building site where there is a valid zoning permit for the construction project provided that the construction trailer is not located on the site more than sixty (60) days prior to the issuance of a building permit; or on a vacant lot when the trailer is being used in conjunction with a subdivision, condominium or similar multi-structure development.

2.

Such construction trailers may remain upon a construction site as long as there is a valid building permit for the construction project.

3.

All construction trailers shall be located at least ten (10) feet off any street right-of-way or property line.

4.

Construction trailers used in residential construction must be immediately removed upon issuance of a certificate of occupancy for a dwelling on the lot upon which the trailer is located. The construction trailer may be relocated to another lot within the same development provided a 300-foot radius between construction trailers within the same development is maintained.

C.

Temporary Manufactured Homes or Campers.

A manufactured home or a camper may be allowed on a temporary basis in any zoning district subject to the following conditions:

1.

In the event of a disaster, which results in the destruction of an owner-occupied single-family dwelling (i.e., receives damage greater than fifty (50) percent of its assessed tax value as indicated on the most current tax listings) a Class C manufactured home or a camper as described in this section, may be placed on the lot containing the dwelling unit that was destroyed. The purpose of allowing such manufactured home or camper on said lot is to give the occupants of the destroyed dwelling unit a place to live while a new dwelling unit is being constructed or damage to the original dwelling unit is repaired.

2.

Such manufactured home may be placed only in the side or rear yard (in relation to the structure to be replaced or repaired) and shall be located no closer than twenty (20) feet to another principal residential structure on another lot and no closer than ten (10) feet to any side or rear lot line on the lot in question.

3.

The Administrator shall be given the authority to issue a temporary use permit for up to six (6) months for the temporary manufactured home. Such permit may be renewed on a one-time only basis (for a period of no greater than nine (9) months) by the Administrator if he determines that construction of a new dwelling unit is proceeding in a diligent manner.

4.

Notwithstanding the above if, at any time a temporary or permanent certificate of occupancy is issued for the repaired or reconstructed dwelling, the manufactured home shall be removed from the site within thirty (30) days of such issuance. Any camper in use must either be removed from the site or property stored in accordance with the requirements of Section 9.1.6.

5.

The following types of campers are permitted to be used per this section: fifth-wheel trailers, travel trailers, or self-contained recreational vehicles. All campers must be hard walled and constructed of metal, aluminum, steel, or similar material (i.e., no canvas or nylon campers such as pop-up campers are permitted). All campers must have a minimum of three hundred twenty (320) square feet of living area. The total number of persons temporarily living in the trailer will be determined by the manufacturer as provided by the occupancy label on the structure. Campers must have the following minimum facilities: functional cooking area, bathing, sleeping, and the unit must provide adequate heating. This provision, in no circumstance, shall apply to watercraft of any type. The property owner shall secure at a minimum a zoning, plumbing and electrical permit prior to the installation of any camper being used for temporary living quarters.

D.

Christmas Tree Sales And Revivals.

Certain uses of a temporary nature (i.e., more than two (2) days but less than forty-five (45) days in duration and held no more than three (3) times per year at any particular location) which would not otherwise be permitted in a particular zoning district may be issued a permit as herein provided. Upon completion and submittal of an application, the zoning administrator may grant a zoning permit for the following temporary uses:

1.

Christmas tree sales and sale of nursery products.

2.

Revivals.

The permit shall be valid for a specified period only, not to exceed forty-five (45) days in duration. On-site sanitary facilities for such uses must be provided. When Christmas tree sales lots are located within or adjacent to a residential zone, the area engaged in the sale of Christmas trees shall be located at least two hundred (200) feet from any dwelling within a residential zone.

E.

Outdoor Temporary Accessory Activities.

Outdoor temporary accessory activities associated with a principal use (e.g., outdoor sales at variety stores) shall be allowed on-site without any permits needed for a period of up to thirty (30) continuous days. Such activities may occur for continuous periods of thirty-one (31) to ninety (90) days subject to the issuance of a permit by the Zoning Administrator.

F.

Itinerant Merchants.

The Zoning Administrator shall have the authority to issue permits for itinerant merchants in a nonresidential zoning district for a period of up to fifteen (15) continuous days. Such permit may be issued once during a 12-month period to that merchant on the same lot. Off-street parking shall be provided on-site at the rate of one space per merchant employee, plus one space per vehicle used on-site for the sales, plus one space per two hundred (200) square feet of sales area. All such parking shall be located outside the street right-of-way.

The above regulations shall not apply to roll carts and kiosks located within indoor/and outdoor pedestrian areas of shopping centers.

G.

Public Utility/Transportation Improvement Operations Base.

A vacant lot may be used in any zoning district as the operations base of a public utility/transportation improvement project on a use by right basis during the period of active construction or similar public improvements. Such lot shall not be greater than three hundred (300) linear feet from the area of construction or improvement.

H.

Other Temporary Uses.

All other temporary uses not otherwise listed in 5.8 or on table 4-1 and not conducted within an existing structure designed for public assembly (with the exception of carnivals, circuses and rodeos, which are governed under Chapter 5 of the City Code of Ordinances), may be granted a zoning permit only after (i) a public hearing has been conducted by the City Council and (ii) the City Council has authorized the issuance of a permit after having made the following determinations:

1.

The proposed use will not materially endanger the public health, welfare and safety; and

2.

The proposed use will not have a substantial negative effect on adjoining properties. In approving such permit, the City Council may authorize conditions regarding duration of the use, hours of operation, signs, lighting, etc., and such conditions shall be made part of the permit issued. Violation of such conditions shall be considered a violation of this Ordinance and shall be punishable as prescribed in Section 15.1. Said public hearing shall be advertised in a manner consistent with the provisions of Section 17.1.3C.

The temporary use zoning permit shall run with the land and be valid only for the date(s) stated on the permit.

(Ord. No. 21-739, § 1, 6-15-21)

A home occupation or accessory use permit shall be required to ensure that a proposed home occupation or accessory use is developed in accordance with all applicable provisions of this Ordinance. Lists of permissible customary and home occupations are found in Section 9.1 and 9.2.

A.

An application for an accessory use or home occupation shall be filed with the Administrator on a form so prescribed by the City. The form shall be complete and accompanied by a fee, in accordance with the most recently adopted fee schedule approved by the governing board, in order to be reviewed by the Administrator.

B.

The Administrator shall endeavor to review the permit in an expeditious manner and will notify the applicant in writing if a decision on the permit cannot be rendered within twenty-one (21) days.

C.

Failure to adhere to an approved permit shall be deemed a violation of this Ordinance.

(Ord. No. 10-585, § 2, 8-17-10)

For the purpose of this section only, the following definitions shall apply:

A.

Landowner or owner. The holder of the title in fee simple. Absent evidence to the contrary, a local government may rely on the county tax records to determine who is a landowner. The landowner may authorize a person holding a valid option, lease, or contract to purchase to act as his or her agent or representative for the purpose of making applications for development approvals.

B.

Property. All real property subject to land-use regulation by this Ordinance. The term includes any improvements or structures customarily regarded as a part of real property.

C.

Vested Right. The right to undertake and complete the development and use of property under the terms and conditions of an approved site-specific development plan.

D.

Site Specific Development Plan. A plan of land development submitted to the city for purposes of obtaining a zoning vested right for a particular development. Said plan shall describe with reasonable certainty the type and intensity of use for a specific parcel or parcels of property.

(Ord. No. 21-739, § 1, 6-15-21)

Vested rights and permit choice are inherent rights established by G.S. 160D and applied herein accordingly. Each approval procedure stipulated in this Chapter establishes criteria in accordance with G.S. 160D-108 and G.S. 160D-108.1 for ensuring due process in the vesting of rights to develop, use and enjoy real property in accordance with applicable standards & specifications.

(Ord. No. 21-739, § 1, 6-15-21)

A.

The effect of approval of a vested rights certificate shall be to vest the site specific development plan for a period of two (2) to seven (7) years from the date of approval.

B.

An approved vested right certificate shall confer upon the landowner a vested right, the right to undertake and complete the development and use of said property under the terms and conditions of the site-specific development plan as provided for in this Section. Failure to abide by the terms and conditions placed upon such approval will result in the forfeiture of the vested right previously accorded.

C.

A vested right, once established as herein provided, shall preclude any zoning action by the City that would change, alter, impair, prevent, diminish or otherwise delay the development or use of the property as set forth in the approved site specific development plan except under the following conditions:

1.

The affected landowner provides written consent to the City of their desire to terminate the vested right; or

2.

The City determines, after having advertised and held a public legislative hearing per Section 5.16.3-3 of this Ordinance, that natural or man-made hazards exist on or in the immediate vicinity of the property which pose a serious threat to the public health, safety and welfare if the project were to proceed as indicated in the site specific development plan; or

3.

Compensation is made by the City to the landowner for all costs, expenses, and other losses incurred including, but not limited to, all fees paid in consideration of financing, and all architectural, planning, marketing, legal, and any other consultant's fees incurred after approval together with interest thereon at the legal rate until paid; or

4.

The City determines, after having advertised and held a public hearing per Section 5.16.3(C) of this Ordinance, that the landowner or their representative intentionally supplied inaccurate information or made material misrepresentations which made a difference in the approval by the City of the site specific development plan; or

5.

Upon the enactment or promulgation of a State or Federal law or regulations that precluded development as contemplated in the site-specific development plan. In such case the City may (after having advertised and conducted a public legislative hearing per Section 5.16.3-3 of this Ordinance) modify the affected provisions upon a finding that the change in State or Federal law has had a fundamental effect on the plan.

D.

Once a vested right certificate is granted for a particular site-specific development plan, nothing in this Ordinance shall preclude the City from conducting subsequent reviews and approvals to ensure compliance with the terms and conditions of the original approval, provided such reviews and approvals are not inconsistent with the original approval.

(Ord. No. 21-739, § 1, 6-15-21)

In addition to the revocation provisions cited in Section 5.10.3, a revocation of a vested rights certificate may occur if the governing board determines that the landowner has failed to comply with the terms and conditions of the approval or with any other applicable portion of the UDO. The vested right shall otherwise expire at the end of the approval period established by the governing board.

(Ord. No. 21-739, § 1, 6-15-21)

A building permit issued by Gastonia may not be revoked because of the running of time on a piece of property for which a vested rights certificate has been approved and the vested right period has not otherwise expired.

(Ord. No. 21-739, § 1, 6-15-21)

The establishment of a vested right on a piece of property for a site specific development plan shall not preclude the City from establishing and putting into place one or more overlay districts which may impose additional restrictions on said property, provided such restrictions do not affect the allowable type or intensity or use. Otherwise such regulations shall become effective with respect to the subject property upon the expiration or termination of the vested right certificate. The City may also enforce on the property additional regulations (adopted during the time the vested right certificate was in effect) that are general in nature and applicable to all property subject to the regulations of this Ordinance.

(Ord. No. 21-739, § 1, 6-15-21)

Editor's note— Ord. No. 21-739, § 1, adopted June 15, 2021, repealed and readopted Section 5.11 in its entirety. Former Section 5.11 pertained to similar subject matter, and derived from Ord. No. 14-632, § 1, adopted Aug. 19, 2014; and Ord. No. 19-694A, § 1, adopted June 18, 2019.

Special uses are established to provide for the location of those uses which are generally compatible with other land uses permitted in a zoning district but which, because of their unique characteristics or potential impacts on the surrounding Neighborhood and the City of Gastonia as a whole, require individual consideration of their location, design, configuration, and/or operation at the particular location proposed. Such individual consideration may also identify cause(s) for the imposition of individualized conditions in order to ensure that the use is appropriate at a particular location and to ensure protection of the public health, safety, and welfare. Any use identified in Table 7.7-1 of Chapter 7 of this Ordinance as a special use in a zoning district shall not be permitted without the approval of the Planning Commission in accordance with the requirements and procedures set forth in this Section.

(Ord. No. 21-739, § 1, 6-15-21)

Every applicant for a special use zoning permit is required to meet with the Administrator in a pre-application conference prior to the submittal of a request for approval of a special use. The purposes of this conference are to provide additional information regarding the review process and assistance in the preparation of the application.

(Ord. No. 21-739, § 1, 6-15-21)

A.

Filing of application. An application for a special use zoning permit may be filed by the landowner, a lessee or person holding an option or contract to purchase or lease land, or by an authorized agent of the landowner. Where an agent files the application, the agent shall provide documentation that the owner of the property has authorized the filing of the application. The application for a special use zoning permit shall be filed with the Administrator on a form provided by the Administrator.

B.

Information required. Each application for a special use zoning permit shall contain all information identified as required by the Administrator. The application shall be accompanied by an electronic file copy plus at least two paper copies of a Site Development Plan containing all information required by Section 5.2.A.1 of this Ordinance for a Site-specific Development Plan for filing(s) on the subject property.

(Ord. No. 21-739, § 1, 6-15-21)

A.

Administrator review. Following submittal of the application and Site Development Plans for the special use, they shall be reviewed by the Administrator for compliance with the requirements of section 5.11 of this Ordinance.

B.

Submittal of plans to Administrator. This review shall be made by the Administrator and by any other agencies or officials as requested by the Administrator. The Administrator shall review the Site Development Plans for compliance with the applicable requirements of this Ordinance and other applicable Ordinances and laws, to which their respective departmental role applies.

(Ord. No. 21-739, § 1, 6-15-21)

A.

Evidentiary hearing. Upon receipt of a notice from the Administrator of the applicant requesting an evidentiary hearing on the application and Site Development Plan for a special use zoning permit, an evidentiary hearing shall be scheduled. An evidentiary hearing before the Gastonia Planning Commission shall be held for all special use zoning permit applications.

B.

Action by the Gastonia Planning Commission.

1.

The Gastonia Planning Commission shall consider the request within 35 days of receiving information regarding the special use zoning permit application from the Administrator.

2.

The Gastonia Planning Commission, after conducting the quasi-judicial evidentiary hearing, may: (1) deny approval; (2) continue the application pending submittal of additional information; or (3) approve the proposed special use zoning permit.

3.

The decision on the special use zoning permit application shall be by a simple majority vote of those members of the Gastonia Planning Commission present at the meeting at which the action is taken.

4.

The minutes of the Gastonia Planning Commission shall state if the proposed special use meets or does not meet each of the conditions set forth in section 5.11-5.(C), the standards set forth in Chapter 8 of this Ordinance for the proposed special use, and all other requirements set forth by this Ordinance for the proposed special use.

C.

Findings and Conditions. In granting the zoning permit, the Planning Commission shall find there to be competent, material, and substantial evidence in the record to support these conclusions and the Planning Commission must find that all the below listed facts exist or the application shall be denied.

1.

That the use or development is located, designed, and proposed to be operated so as to maintain or promote the public health, safety, and general welfare;

2.

That the use or development complies with all required regulations and standards of this Ordinance and with all other applicable regulations;

3.

That the use or development is located, designed, and proposed to be operated so as not to substantially injure the value of adjoining or abutting property, or that the use or development is a public necessity; and

4.

That the use or development will be in harmony with the area in which it is to be located and conforms to the general plans for the land use and development of City of Gastonia and its environs.

D.

Additional Conditions. In granting the special use zoning permit, the Planning Commission may designate only those conditions, in addition and in connection therewith, as will, in its opinion, assure that the use in its proposed location will be harmonious with the area in which it is proposed to be located, with the spirit of this Ordinance and clearly in keeping with the public welfare. All such additional conditions shall be entered into the minutes of the meeting, at which the special use zoning permit is granted, on the special use zoning permit itself, and on the approved plans. All specific conditions shall run with the land and shall be binding on the original applicants, their heirs, successors, and assigns. The special use zoning permit, as approved, shall be recorded by the Administrator with the Register of Deeds for Gaston County the same as a deed restriction. The zoning permit recipient shall be responsible for paying the recording fee. No building permit shall be issued for the subject property until the recording is made.

(Ord. No. 21-739, § 1, 6-15-21)

A special use approval is not transferable from one property to another but is transferred to a subsequent owner of the property to which applied.

(Ord. No. 21-739, § 1, 6-15-21)

No application for approval of a special use shall be filed with, or accepted by, the Administrator that is identical or substantially similar to an application that has been denied by the Gastonia Planning Commission within one year of the final action by the Planning Commission denying the request. This waiting period may be waived in an individual case, for good cause shown, by the affirmative vote of a majority of the members of Planning Commission.

(Ord. No. 21-739, § 1, 6-15-21)

Notice of evidentiary hearings required under this section for special use approvals shall be provided in accordance with the requirements established by G.S. 160D-406 for evidentiary hearing notification. Notices shall be mailed by the Administrator to the applicant, the owner of property that is subject of the application if not also the applicant, and to all adjacent property owners (as defined in Section 2.7) at least ten (10) days prior to the Planning Commission's evidentiary hearing.

(Ord. No. 21-739, § 1, 6-15-21)

If a project approved as a special use is to be developed in phases, a master plan for the entire development site must be approved by the Gastonia Planning Commission at the same time and in the same manner the special use zoning permit application is considered. Final plans for phases of the special use may be submitted in stages and shall be approved by the Administrator provided that the following requirements are met:

1.

All stages shall be shown with precise boundaries on the master plan and shall be numbered in the expected order of development.

2.

Each phase must be able to exist independently of subsequent phases by meeting all applicable laws and regulations as if the phase were a separate project.

3.

All the data required for the project as a whole shall be given for each stage shown on the plan.

4.

A proportionate share of the open space, common facilities, amenities, play areas, etc. shall be included in each stage of the development, except that centralized common facilities shall be guaranteed by bond or other irrevocable financial instrument valid for the duration of the project implementation period.

5.

The phasing shall be consistent with the traffic circulation, drainage, and utilities plan for the entire master plan for the special use.

6.

Each phase of the special use must comply with any and all conditions attached to the approval of the special use zoning permit by the Gastonia Planning Commission.

(Ord. No. 21-739, § 1, 6-15-21)

In issuing special use zoning permits, the Gastonia Planning Commission may prescribe dimensional requirements (height, setback, etc.) that are different from the requirements of the corresponding general zoning classification, and may prescribe development and design standards that are different from those set out in this Ordinance; provided, that any request for a modification to a dimensional requirement or development and design standard that is less restrictive than would be applicable for the underlying general zoning classification must be specifically described in any notices required for the evidentiary hearing on the special use zoning permit application, and must be set out separately in any Ordinance issuing said special use zoning permit, together with an explanation of the reason for the modification. Except as modified pursuant to this paragraph, all standards and requirements applicable to the underlying general zoning district must be met. Variances, per Section 5.14 of this Ordinance, to the standards established by any special use permit shall not be allowed. Minor modifications per Sub-section 5.15 of this Ordinance are eligible.

(Ord. No. 21-739, § 1, 6-15-21)

An appeal from the decision of the Gastonia Planning Commission regarding a special use application and Site Development Plan may be made by an aggrieved party and shall be made to the Superior Court of Gaston County in the nature of certiorari. Any such petition to the Superior Court shall be filed with the court no later than 30 days after a written copy of the decision of the Planning Commission is received by the applicant.

(Ord. No. 21-739, § 1, 6-15-21)

Approval(s) of a special use zoning permit application and Site Development Plan shall run with the land and constitute approval of a site-specific vesting plan in accordance with G.S. 160D-108(d) and be valid for a minimum of not less than two (2) years from the date of approval by the Gastonia Planning Commission. Failure to initiate construction, or otherwise begin the permitted use, within this time shall render the special use approval null and void. Multi-phased development of a special use project containing 25 acres or more remains vested for a period of seven (7) years from the time a site plan approval is granted as authorized in G.S. 160D-108(f).

(Ord. No. 21-739, § 1, 6-15-21)

In the event of failure to comply with the plans approved by the Planning Commission or with any other conditions imposed upon the special use zoning permit, the zoning permit shall thereupon immediately become void and of no effect. No building permits for further construction or certificates of occupancy under this special use zoning permit shall be issued. If a failure to comply with conditions in a special use zoning permit occurs after occupancy, the owner, lessee, or other responsible person shall be notified in writing of the violation. No earlier than five days after the receipt of the written notice, the body issuing the special use zoning permit may issue a finding of fact that a violation of the requirements of this Ordinance exists. If such finding of fact is made, it shall be unlawful for any person, firm or corporation to continue the special use until the responsible party makes the necessary corrections and the Board of Adjustment conducts an evidentiary hearing and finds that the violation no longer exists.

(Ord. No. 21-739, § 1, 6-15-21)

Minor modifications to the approved special use permit may be approved by the Administrator per authorization under G.S. 160D-705(c). The minor modifications authorized herein are intended to provide relief where conditions established by the special use permit create a hardship based upon a unique physical attribute of the property itself or some other factor unique to the property which was not known at the time of special use permit approval and which has subsequently rendered the property difficult or impossible to use due to the condition(s) imposed by the special use permit. The special use permit holder shall bear the burden of proof to secure the modification(s). Such modifications shall be limited to the following:

1.

A deviation of up to ten percent or twenty-four (24) inches, whichever is greater, from the approved setback, provided that the conditions for approving a deviation from the required setback established by Section 5.15 of this Ordinance are met.

2.

A reduction of up to 25 percent in the number of parking spaces required for the use provided that the proposed development is located within ½ mile of either CBD District or the Mixed Use (MU-1 and MU-2) and on-street parking is available.

3.

Any other minor modification in accordance with the limitations and procedures prescribed in this Ordinance, unless restricted by G.S. 160D-703(b), or the special use permit adopted pursuant to this section specifies otherwise.

Any other modifications must be approved by the Planning Commission as an amendment to the special use permit and may be referred to the Planning Commission or Administrator as appropriate. The Administrator shall in every case have the discretion to decline to exercise the power to approve or deny modifications as provided for herein, and may require the applicant to seek an amendment to the special use permit.

(Ord. No. 21-739, § 1, 6-15-21)

Special use permits shall be recorded by the holder of the permit with the Gaston County Register of Deeds within sixty (60) days of approval. Modifications to special use permits shall be recorded in the same manner in which the original permit was recorded.

(Ord. No. 21-739, § 1, 6-15-21)

Editor's note— Ord. No. 21-739, § 1, adopted June 15, 2021, repealed Section 5.12 in its entirety. Former Section 5.12 pertained to special exception and derived from Ord. No. 11-586, § 2, adopted Jan. 18, 2011.

Editor's note— Ord. No. 21-739, § 1, adopted June 15, 2021, repealed and readopted Section 5.13 in its entirety. Former Section 5.13 pertained to similar subject matter, and derived from Ord. No. 13-628, §§ 8—11, adopted Nov. 19, 2013.

Appeals to the Board of Adjustment from the determinations of the Administrator are permitted as provided for in this section and in accordance with G.S. 160D-705(b). Additionally, G.S. 160D-1403(b) provides for separate and original civil actions without filing an appeal under this section.

(Ord. No. 21-739, § 1, 6-15-21)

Any final and binding order, requirement, or determination made in writing by an administrative officer charged with administering and/or enforcing the provisions of this Ordinance may be appealed to the Board of Adjustment. Any such determination shall be given to the owner of the property that is subject to the determination and to the party who sought the determination, if different than the property owner. Said notice shall be delivered by personal delivery, electronic mail or by first-class mail.

(Ord. No. 21-739, § 1, 6-15-21)

Any person who has standing under G.S. 160D-1402(c) may bring an appeal to the Board of Adjustment.

(Ord. No. 21-739, § 1, 6-15-21)

A person with standing shall have thirty (30) days from the date of receipt of the written determination within which to file an appeal. Any person or entity with standing to appeal shall have thirty (30) days from receipt from any source of actual or constructive notice of the decision within which to appeal.

(Ord. No. 21-739, § 1, 6-15-21)

Per G.S. 160D-403(b) persons with standing to appeal shall have constructive notice of a determination from the date a sign providing notice a determination has been made is prominently posted on the property. A sign containing the words "Zoning Decision," "Subdivision Decision" or similar language for other determinations in letters at least six inches high and identifying a means to contact a City official for information about the determination, with said sign being posted for a minimum of ten days. Posting of the sign shall be the responsibility of the landowner or applicant and verification to the City is required.

(Ord. No. 21-739, § 1, 6-15-21)

A.

The appeal shall be filed with the Administrator in writing and shall contain information identifying the property, the owner and the purpose for the request.

B.

The appeal shall be accompanied by a fee as established by the City of Gastonia.

C.

Upon acceptance of the appeal application by the Administrator, a hearing shall be scheduled for the Board of Adjustment within thirty-six (36) days of the date of submittal of a complete application. Notwithstanding, the appellant can apply for an expedited hearing to occur within fifteen (15) days of such filing as provided in Subsection D below.

D.

The filing of an appeal per G.S. 160D-405 shall stay the enforcement of the action appealed unless the Administrator certifies to the Board of Adjustment after notice of appeal has been filed that because of the facts stated in an affidavit, a stay would cause imminent peril to life and property or because the violation is transitory in nature, a stay would seriously interfere with enforcement of this Ordinance. In such case, enforcement proceedings shall not be stayed except by a restraining order granted by the Superior Court of Gastonia County on notice to the administrative official from whom the appeal is taken, with due cause shown. If enforcement proceedings are not stayed, the appellant may file for an expedited hearing of the appeal to occur within fifteen (15) days after such request is filed.

(Ord. No. 21-739, § 1, 6-15-21)

A.

Upon receiving the appeal application, the Board of Adjustment shall hold an evidentiary hearing on the appeal. Notice of the hearing shall be as provided in Section 5.14.4(B). The person whose decision is being appealed shall transmit to the Board all documents and exhibits constituting the record upon which the action appealed from is being taken. Said information shall also be provided to the applicant and to the owner of the property that is subject to the appeal, if such person(s) is not the applicant.

B.

The evidentiary hearing shall be conducted in accordance with rules of procedure of the Board of Adjustment and in accordance with the G.S. 160D-406. All persons providing evidence at the hearing shall be sworn or affirmed by either the Chair or the Clerk to the Board. The official who made the decision that is being appealed shall be present at the hearing as a witness. The appellant shall not be limited at the hearing to matters stated in the 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 evidentiary hearing.

C.

Either after the evidentiary hearing or at a subsequent or continuation meeting to be held within thirty (30) days of the close of the evidentiary hearing, the Board of Adjustment shall adopt an order reversing, affirming, wholly or partly, or modifying the contested action. The Board's decision shall be based upon competent, material and substantial evidence.

D.

The Board of Adjustment shall not reverse or modify the contested action unless it finds that the administrative officer erred in the application or interpretation of the requirements of this Ordinance.

E.

The Board of Adjustment shall not reverse or modify the contested action unless there is a concurring vote of a majority of the Board's members. For purposes of this section, vacant positions and members of the Board who are disqualified from voting on the hearing decision shall not be considered "Board members" for calculation of the majority if there are no qualified alternate Board members available to take the place of such members.

F.

The parties to an appeal may agree to mediation or other forms of alternative dispute resolution.

G.

Any decision made by the Board of Adjustment regarding an appeal shall be reduced to writing and reflect the Board's determination of contested facts and their application to the applicable standards. The written decision shall be approved by the Board, signed by the Chair and shall be filed with the City Clerk. The effective date of the decision shall be upon the date it is filed with the City Clerk. The decision shall be delivered by the Administrator or their designee via 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 close of the evidentiary hearing on the case. The person making such deliveries shall certify in writing to the file that delivery has been made.

(Ord. No. 21-739, § 1, 6-15-21)

In the event that the Board of Adjustment reverses or modifies the contested action, all subsequent actions taken by administrative officers with regard to the subject matter shall be in accordance with the reversal or modification granted by the Board unless an appeal is taken on the Board's decision.

(Ord. No. 21-739, § 1, 6-15-21)

An appeal from any decision of the Board of Adjustment may be made by an aggrieved party and shall be made to the Superior Court of the county in which the subject property is located in the nature of certiorari. Per G.S. 160D-1405(d), any such petition to the Superior Court shall be filed by the later of thirty (30) days after a written copy of the decision is delivered to the applicant, property owner, and to any other person who, prior to the date the decision becomes effective, has submitted a written request for a copy of the decision. Said decision shall be delivered by personal delivery, electronic mail, or by first class mail. When first class mail is used to deliver the notice, three (3) days shall be added to the time to file the petition.

(Ord. No. 21-739, § 1, 6-15-21)

Editor's note— Ord. No. 21-739, § 1, adopted June 15, 2021, repealed and readopted Section 5.14 to read as set out herein. Former Section 5.14 pertained to similar subject matter, and derived from Ord. No. 13-628, §§ 12—14, adopted Nov. 19, 2013.

The variance process fulfilled by the Board of Adjustment is intended to provide limited relief from the requirements of this Ordinance in those cases where strict application of a particular requirement will create a practical difficulty or unnecessary hardship prohibiting the use of land in a manner otherwise allowed under this Ordinance in accordance with G.S. 160D-705(d). It is not intended that variances be granted merely to remove inconveniences or financial burdens that the requirements of this Ordinance may impose on property owners in general or to increase the profitability of a proposed development. Rather, it is intended to provide relief where the requirements of this Ordinance render the land difficult or impossible to use because of some unique physical attribute of the property itself or some other factor unique to the property for which the variance is requested.

(Ord. No. 21-739, § 1, 6-15-21)

In no event shall the Board of Adjustment grant a variance:

A.

With respect to any Conditional Zoning District or special use zoning permit adopted pursuant to this Ordinance. Modifications applicable to Conditional Zoning Districts and/or special use permits may be considered in accordance with the provisions of Section 5.15 of this Ordinance.

B.

To the flood protection provisions within a designated floodway district that would result in any increase in the flood levels during the regulatory flood discharge.

C.

Which would permit uses of land or densities not otherwise permitted in the district in which the property is located.

D.

Which would conflict with the North Carolina State Building Code, the North Carolina Fire Prevention Code, or any other codes of the State of North Carolina unless otherwise authorized by laws and/or regulations.

(Ord. No. 21-739, § 1, 6-15-21)

The following process shall be followed in applying for a variance:

A.

An application for a variance may be filed by the landowner, a lessee or person holding an option or contract to purchase or lease land, or by an authorized agent of the landowner. Where an agent files the application, the agent shall provide documentation that the owner of the property has authorized the filing of the application. The application for a variance shall be filed with the Administrator on a form provided by the Administrator.

B.

Before filing the application, the applicant shall meet with the Administrator to discuss the proposed variance and to become more familiar with the applicable requirements and the variance process.

C.

An application for a variance shall be filed with the Administrator on a form provided by the Administrator and contain the information and plans required on the application form.

D.

The application shall be accompanied by a fee as required by the City of Gastonia.

E.

Once the application is accepted as complete by the Administrator, the request shall be scheduled for consideration at an evidentiary hearing by the Board of Adjustment in accordance with G.S. 160D-406.

(Ord. No. 21-739, § 1, 6-15-21)

The following action shall be taken by the Board of Adjustment upon receipt of the completed application in accordance with G.S. 160D-406:

A.

An evidentiary hearing shall be held on the requested variance within thirty-six (36) days of receipt of a complete application.

B.

Notice of the hearing in accordance with G.S. 160D-406(b) and any administrative materials to be presented in accordance with G.S. 160D-406(c) shall be deposited in the mail at least ten (10) days but not more than twenty-five (25) days prior to the date of the hearing to:

1.

The person or entity whose variance application or request is the subject of the hearing;

2.

The owner of the property that is the subject of the hearing if the owner did not initiate the hearing;

3.

Owners of all parcels of land abutting the parcel of land that is the subject of the hearing; and

4.

To any other person who makes a written request for such notice at least ten (10) days prior to the date of the hearing.

C.

A sign stating the purpose, time, date and place shall be prominently posted on the subject property or an adjacent street or highway right-of-way at least ten (10) but not greater than twenty-five (25) days prior to the date of the hearing.

D.

In considering the application, the Board of Adjustment shall review the application materials, the staff recommendation, the general purpose and standards set forth in this Section for the granting of variances, and all testimony and evidence received by the Board at the evidentiary hearing.

E.

After conducting the evidentiary hearing, the Board of Adjustment may:

1.

Continue the evidentiary hearing that has been convened without further advertisement;

2.

Deny the request; or

3.

Grant the request upon the concurring vote of four-fifths (4/5) of the members of the Board of Adjustment necessary to grant a variance per G.S. 160D-406(i). Any approval or denial of the request shall be accompanied by written findings that the variance meets or does not meet each of the standards set forth in subsection 5.14.6 below or, for flood protection regulation variances, as set forth in Section 7.6.1.A.16 of this Ordinance. For purposes of this section, vacant positions and members of the Board who are disqualified from voting on the hearing decision shall not be considered "Board members" for calculation of the majority if there are no qualified alternate Board members available to take the place of such members.

(Ord. No. 21-739, § 1, 6-15-21)

Appropriate conditions, other than a change in the listed use, may be imposed on any variance, provided that the conditions are reasonably related to the variance. (G.S. 160D-705(d))

(Ord. No. 21-739, § 1, 6-15-21)

The Board of Adjustment's decision shall be based on competent, material and substantial evidence in the record. All persons providing evidence shall be sworn or affirmed by the Chairman or the Clerk to the Board. The Board of Adjustment shall not grant a variance until it makes each of the following findings per G.S. 160D-705(d):

A.

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

B.

The hardship results from conditions that are peculiar to the property such as location, size or topography. Hardships resulting from personal circumstances, as well as hardships resulting from conditions that are common to the neighborhood or the general public, shall not be the basis for granting a variance;

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 variance shall not be regarded as a self-created hardship; and

D.

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

(Ord. No. 21-739, § 1, 6-15-21)

Any decision made by the Board of Adjustment regarding a variance shall be reduced to writing and reflect the Board's determination of contested facts and their application to the applicable standards. The written decision shall be approved by the Board of Adjustment, signed by the Chair and shall be filed with the City Clerk. The effective date of the decision shall be upon the date it is filed with the City Clerk. The decision shall be delivered by the Administrator or their designee via 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 close of the evidentiary hearing on the case. The person making such deliveries shall certify in writing to the file that delivery has been made.

Following the effective date of the decision of the Board of Adjustment, the following actions may be taken:

A.

After the Board approves a variance, the applicant shall follow all appropriate procedures set forth in this Ordinance for the receipt of permits, certificates, and other approvals necessary in order to proceed with development.

B.

After the denial of the variance request, the applicant may make application for a rehearing in accordance with Board's rules of procedure and this Ordinance.

(Ord. No. 21-739, § 1, 6-15-21)

The variance may be issued for a limited duration only. Unless otherwise specified, construction and/or operation shall be commenced within twenty-four (24) months of the date of issuance of a variance, or the variance shall become void.

(Ord. No. 21-739, § 1, 6-15-21)

An appeal from any decision of the Board of Adjustment may be made by an aggrieved party and shall be made to the Superior Court of the county in which the subject property is located in the nature of certiorari. Per G.S. 160D-1405(d), any such petition to the Superior Court shall be filed by the later of thirty (30) days after a written copy of the decision is delivered to the applicant, property owner, and to any other person who, prior to the date the decision becomes effective, has submitted a written request for a copy of the decision. Said decision shall be delivered by personal delivery, electronic mail, or by first class mail. When first class mail is used to deliver the notice, three (3) days shall be added to the time to file the petition.

(Ord. No. 21-739, § 1, 6-15-21)

A.

Purpose.

1.

As part of the review and approval process set forth in the Ordinance, the Administrator is hereby authorized to approve minor modifications to certain development standards where such modifications are incidental and do not have significant impact on adjacent properties. The "minor modification" process is seen as a way to:

a.

Grant minor modifications that would not significantly alter the relationship of a building or structure to neighboring properties;

b.

Allow building encroachments into required setbacks that may be commonly found elsewhere in the City;

c.

Address minor and insignificant construction errors which have occurred in the past and which could only otherwise be alleviated through the issuance of a variance.

2.

The list of situations for which the Administrator is authorized to apply a "minor modification" is listed in Section 5.15.1 (B). Unless specifically listed there (or elsewhere in the Ordinance) any other modifications to the terms of this Ordinance shall require the issuance of a variance by the Board of Adjustment.

B.

Minor Modifications Allowed.

Table 5.15-1 indicates those minor modifications that are suitable for approval by the Administrator.

TABLE 5.15-1: MINOR MODIFICATION TABLE

¹ In no case shall the building encroach into any of the following: 1. Street or railroad right-of-way; 2. Street or utility easement; 3. Designated floodplain or floodway areas; 4. Encroachment into another lot or parcel; 5. Encroachment into land that lies in another local government's planning jurisdiction, unless approval from that local government is given to do so.

² The Administrator shall only be able to grant such modification if the petitioner can demonstrate that the modification required was not the result of a deliberate action to circumvent the terms of this Ordinance.

USES AND STRUCTURES ALLOWED IN THE REQUIRED SETBACKS BY RIGHT

¹ In no case shall the building encroach into any of the following: 1. Street or railroad right-of-way; 2. Street or utility easement; 3. Designated floodplain or floodway areas; 4. Encroachment into another lot or parcel; 5. Encroachment into land that lies in another local government's planning jurisdiction, unless approval from that local government is given to do so.

C.

Procedures.

The Administrator may approve a minor modification in conjunction with a Site Plan review as set forth in Section 5.2, the issuance of a zoning permit as set forth in Section 5.5, the issuance of certificate of compliance as set forth in Section 5.6. That notwithstanding, the Administrator may not approve a request for a minor modification in cases where the development application must go to the (Planning Commission or City Council for approval or to another approval body even in cases where the requested modification is small enough to be granted by the Administrator. In such cases, the Administrator shall transmit their recommendations with respect to the minor modification and the designated approval body shall have the authority to approve such minor modification in conjunction with their approval process.

(Ord. No. 12-608, § 1, 4-17-12; Ord. No. 21-739, § 1, 6-15-21; Ord. No. 25-827, § 1, 3-4-25)

Editor's note— Ord. No. 21-739, § 1, adopted June 15, 2021, repealed and readopted Section 5.16 to read as set out herein. Former Section 5.16 pertained to similar subject matter, and derived from Ord. No. 14-632, § 2, adopted Aug. 19, 2014; and Ord. No. 22-775, § 1, adopted Oct. 18, 2022.

The Gastonia City Council may amend, supplement, modify, or repeal any provision of this ordinance or amend the zoning maps according to the procedure established by G.S. 160D-601 through G.S. 160D-605. Such amendments shall be evaluated for compliance with the adopted comprehensive land use plan including subsequent amendments adopted by the City Council of the City of Gastonia and other applicable adopted plans, and may require a land use plan and/or comprehensive master plan amendment to ensure compatibility between the plan(s) and the amendment. Amendments and modifications shall be acted upon by the City Council, after recommendation from the Planning Commission.

(Ord. No. 21-739, § 1, 6-15-21)

Proposed changes or amendments to either the text of this Ordinance or the Official Zoning Map may be initiated by the Gastonia City Council, the Gastonia Planning Commission, the Gastonia Administrator, any owner of a legal or equitable interest in land located in the City's jurisdiction, or any resident of the City's jurisdiction having a legal or equitable interest in land affected by the proposed amendment. Persons other than the City of Gastonia, the landowner, or the landowner's authorized agent making application for a zoning map amendment shall certify to the City that the owner of the parcel of land as shown on the Gaston County tax listing has received actual notice of the proposed amendment and a copy of the notice of the legislative hearing in accordance with the provisions of G.S. 160D-602(d). See Section 5.16.3-1(D) of this Ordinance for content of an application for amendment(s).

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

(Ord. No. 21-739, § 1, 6-15-21)

5.16.3-1 Initial Application Process.

A.

Pre-filing meeting. Before filing an application for an amendment an applicant shall meet with the Administrator to discuss the proposed amendment and to become more familiar with the applicable requirements and approval procedures.

B.

Neighborhood meeting. It is required that the applicant for a zoning map amendment (rezoning) meet with representatives and/or landowners of the neighborhood in which the property for which the proposed map amendment (rezoning) is located as authorized by G.S. 160D-602(e). The applicant shall coordinate the time and date of the meeting to enable the Administrator to attend and address procedural questions that arise. The neighborhood meeting shall be conducted prior to the date of the legislative hearing at which comments on the application will be heard. This meeting may be held either before or after, but not on, the date of the meeting at which the Planning Commission review and recommendation is scheduled.

C.

Filing.

1.

An application requesting an amendment shall be filed with the Administrator.

2.

Applicable fees shall be payable as set forth by the Gastonia City Council.

3.

Completed applications submitted by 12:00 noon on the 15th day of the any calendar month will be considered at the meeting of the Gastonia Planning Commission scheduled for the following month.

D.

Content and valid authorization of applications.

1.

Each application shall contain or be accompanied by all information required on the application form provided by the Administrator.

2.

Every amendment proposing to change the district boundary lines shall be accompanied by metes and bounds description, a survey of the area involved, or reference to existing lots, sufficient in the estimation of the Administrator to plot or otherwise identify the amendment on the Official Zoning Map of the City of Gastonia.

3.

Any person designated by the owner(s) of the property included in the petition to serve as agent for the owner shall submit such authorization in writing with the application. See Section 5.16.2 of this Ordinance.

4.

Applications for Conditional Zoning of property within the jurisdiction of the City of Gastonia shall follow the procedures appearing in Section 5.16.4 of this Ordinance.

5.16.3-2 Review by the Gastonia Planning Commission.

General. Upon submission of a request for amendment of the Gastonia Development Ordinance or an Official Zoning Map amendment, the request shall be scheduled for review by the Gastonia Planning Commission in a public meeting. In the event of a proposed amendment to the Official Zoning Map the Planning Commission shall also conduct a duly advertised legislative hearing, duly noticed in accordance with Section 5.16.3-3(B) of this Ordinance.

A.

Review—General.

1.

Map Amendments. Once the Planning Commission public hearing has been concluded, the Planning Commission will be given forty-five (45) days to render a decision on the zoning map change application. In accordance with Chapter 247 of the 1993 Session Laws of North Carolina, any decision shall require the approval of at least three-fourths (¾) of the members of the Planning Commission present and not excluded from voting at the meeting at which the decision is made. If a decision on the application is made by a vote of less than three-fourths (¾) of such Planning Commission membership, or if any person appeals the action of the Planning Commission through written notice to the City Manager within fifteen (15) days of the Planning Commission's decision, the application shall be forwarded to the City Council for a new public hearing and final decision. Any final decision on the rezoning request made by the Planning Commission shall be accompanied by a statement describing whether the action taken is consistent with any comprehensive plan that has been adopted by the governing board and any other officially adopted plan that is applicable and a statement as to why Planning Commission considers the action taken to be reasonable and in the public interest. When considering an amendment, the Planning Commission shall consider both the consistency and reasonableness of the amendment with the adopted comprehensive land use plan including subsequent amendments adopted by the City Council of the City of Gastonia and other applicable adopted plans for the area affected by the proposed amendment.

2.

Text Amendments. The Planning Commission shall make recommendations to the Gastonia City Council regarding whether to approve or deny each proposed amendment. When considering an amendment, the Planning Commission shall consider both the consistency and reasonableness of the amendment with the adopted comprehensive land use plan including subsequent amendments adopted by the City Council of the City of Gastonia and other applicable adopted plans for the area affected by the proposed amendment.

B.

Recommendation by the Gastonia Planning Commission. Following a recommendation by the Gastonia Planning Commission on the proposed amendment(s), the action shall be reported to the Gastonia City Council for a legislative hearing and final action according to the process set forth in Section 5.16.3-3 of this Ordinance. The legislative hearing will be scheduled as provided by the rules of procedure of the City Council for calling legislative hearings.

C.

Continuance by the Gastonia Planning Commission. In those cases where, upon hearing the request, the Planning Commission feels that more information is needed, questions have arisen, or other circumstances occur in which additional time is needed to enable the Board to make a decision, the Planning Commission may continue their meeting for up to eight (8) days. The Board shall direct the appropriate person(s) to obtain the needed information, provide answers to questions, and/or conduct other investigations during this time to enable the Board to decide at the reconvening of the continued meeting. The Planning Commission shall act upon either an affirmative or negative recommendation on continued items at the continued meeting.

D.

Content of recommendation and statement of consistency. Any recommendation made by the Gastonia Planning Commission to the Gastonia City Council pursuant to this section shall be in writing. In addition, the Gastonia Planning Commission shall approve a statement in accordance with G.S. 160D-605(a) describing whether or not the proposed amendment is consistent with the adopted comprehensive land use plan including subsequent amendments adopted by the City Council of the City of Gastonia and other applicable adopted plans.

E.

Conflict of Interest. A member of the Planning Commission shall not participate in or vote on any matter in a manner that would violate affected persons' constitutional rights to an impartial decision maker. A member shall not vote on any advisory or 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 impact on the member. A 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 with an affected person. If an objection is raised to a member's participation and that member does not recuse himself or herself, the remaining members shall by majority vote rule on the objection. (G.S. 160D-109)

5.16.3-3 Review by the Gastonia City Council.

A.

Review and Legislative Hearing. Before adopting, amending, or repealing any ordinance authorized by this Article, the City Council shall hold a legislative hearing on it. Following receipt of either a recommendation, or receipt of the petitioner's request for an amendment, the Gastonia City Council shall hold a legislative hearing on the proposed amendment to obtain public comment(s). The legislative hearing shall be scheduled and conducted as provided by the City Council's rules of procedure.

B.

Notification. The City Clerk or authorized designee shall prepare a public notice for the legislative hearing as required below: (G.S. 160D-601 and G.S. 160D-602)

1.

Method of procedure for publishing notice of all amendments per G.S. 160D-601.

A notice of the legislative hearing shall be given once a week for two successive calendar weeks in a newspaper having general circulation in the area. The notice shall be published the first time not less than ten (10) days nor more than twenty-five (25) days before the date fixed for the hearing. In computing such period, the day of publication is not to be included but the day of the hearing shall be included.

2.

Method of procedure for mailed notice of Zoning Map Amendments per G.S. 160D-602.

a.

In addition to the publication requirements for notices of legislative hearings required in Section 5.16.3-3(B)(1) above, the procedures adopted pursuant to this section provide that whenever there is a zoning map amendment the owner of that parcel of land as shown on the county tax listing and the owners of all parcels of land abutting that parcel of land including those separated by a street, railroad, or other transportation corridor as shown on the county tax listing shall be mailed a notice of a legislative hearing on the proposed amendment by first class mail at the last addresses listed for such owners on the county tax abstracts. This notice must be deposited in the mail at least ten (10) but not more than twenty-five (25) days prior to the date of the legislative hearing. Except for a City-initiated zoning map amendment, when an application is filed to request a zoning map amendment and that application is not made by the owner of the parcel of land to which the amendment would apply, the applicant shall certify to the City Council 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 legislative hearing. The person or persons required to provide notice shall certify to the City Council that proper notice has been provided in fact, and such certificate shall be deemed conclusive in the absence of fraud.

b.

The first-class mail notice required under subsection (a) of this section shall not be required if the zoning map amendment directly affects more than fifty (50) properties, owned by a total of at least fifty (50) different property owners, and the City elects to use the expanded published notice provided for in this subsection. In this instance, a City may elect to either make the mailed notice provided for in subsection (a) of this section or may as an alternative elect to publish notice of the hearing as required by G.S. 160D-601, but provided that each advertisement shall not be less than one-half of a newspaper page in size. The advertisement shall only be effective for property owners who reside in the area of general circulation of the newspaper which publishes the notice. Property owners who reside outside of the newspaper circulation area, according to the address listed on the most recent property tax listing for the affected property, shall be notified according to the provisions of subsection (a) of this section.

c.

When a zoning map amendment is proposed, the City shall prominently post a notice of the legislative hearing on the site proposed for rezoning or on an adjacent public street or highway right-of-way during the same time period as stated in Sub-section 5.16.3-3(B)(2)(a). When multiple parcels are included within a proposed zoning map amendment, a posting on each individual parcel is not required, but the City shall post sufficient notices to provide reasonable notice to interested persons.

C.

Upon receipt of the recommendations from the Planning Commission, the City Council shall hold a legislative hearing on the application for an amendment. Notice of the legislative hearing shall be provided in accordance with the provisions for legislative hearings for amendments as set forth in section 5.16.3-3(B) of this Ordinance and the North Carolina General Statutes. (ref. G.S. 160D-601 through G.S. 160D-603)

D.

Action.

1.

Before acting on any proposed amendment, the Gastonia City Council shall consider any recommendation made by the Gastonia Planning Commission, the recommendation submitted by the Administrator to the Planning Commission, the comments made at the legislative hearing, and may consider any other relevant additional information available.

2.

When considering a proposed amendment, the Gastonia City Council shall not evaluate the petition based on any specific proposal for the use or development of the property unless explicitly required by this Ordinance. The petitioner shall not use any graphic materials or descriptions of the proposed development except for those that would apply to all uses permitted by the requested classification including applications for an overlay district Zoning Map Amendment where the use is highly pertinent to the facts during consideration of the amendment and/or where a development agreement is to be made a part of the project.

3.

Upon reviewing all pertinent information, the Gastonia City Council may take whatever action it may deem appropriate, including tabling the application for the purpose of additional neighborhood meeting(s) as required by Section 5.16.3-1(B) of this Article.

E.

Statements of Consistency and Reasonableness. Prior to adopting or rejecting any amendment, the City Council shall approve a statement in accordance with G.S. 160D-605(a) describing whether or not the proposed amendment is consistent with the adopted comprehensive land use plan including subsequent amendments adopted by the City Council of the City of Gastonia and other applicable adopted plans. When either adopting or rejecting a zoning map amendment the Gastonia City Council shall approve a statement analyzing the reasonableness of the proposed amendment in accordance with G.S. 160D-605(b). The statement of reasonableness may consider, among other factors:

1.

The size, physical conditions, and other attributes of the area proposed to be rezoned;

2.

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

3.

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;

4.

Why the action taken is in the public interest; and

5.

Any changed conditions warranting the amendment.

Such statements may be combined into a single statement per G.S. 160D-605(c) and incorporated into ordinances amending either the text of an ordinance established under the authority of G.S. 160D or, the Official Zoning Map established under the authority of G.S. 160D-105(a) reflecting the division of territorial jurisdiction established under authority of G.S. 160D-703.

F.

Conflict of Interest. A City Council member shall not vote on any matter in a manner that would violate affected persons' constitutional rights to an impartial decision maker. A member 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 impact on the member. A City Council 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 with an affected person. If an objection is raised to a member's participation and that member does not recuse himself or herself, the remaining members shall by majority vote rule on the objection. (G.S. 160D-109).

5.16.3-4 Waiting period for subsequent applications.

A.

Waiting period - general. When an application for a zoning map amendment has been approved or denied by the Gastonia City Council, no application including the same property shall be accepted or considered within four (4) months after the date of the approval or denial. This restriction shall apply regardless of whether or not the new application is for a zoning classification different from the original application.

B.

Waiting period - waiver. The waiting period required by this section may be waived by a three-fourths (¾) vote of Gastonia City Council if it determines that there have been substantial changes in conditions or circumstances which may relate to the request. A request for a waiver of the waiting period shall be submitted to the Administrator, who shall review and prepare a recommendation regarding action on the request. Said recommendation shall be considered by the City Council in their review of the request for a waiver. If the request for the waiver is approved, the new application shall go through the full review process as set forth in this section.

Once the Planning Commission public hearing has been concluded, the Planning Commission will be given forty-five (45) days to render a decision on the zoning map change application. In accordance with Chapter 247 of the 1993 Session Laws of North Carolina, any decision shall require the approval of at least three-fourths (¾) of the members of the Planning Commission present and not excluded from voting at the meeting at which the decision is made. If a decision on the application is made by a vote of less than three-fourths (¾) of such Planning Commission membership, or if any person appeals the action of the Planning Commission through written notice to the City Manager within fifteen (15) days of the Planning Commission's decision, the application shall be forwarded to the City Council for a new public hearing and final decision. Any final decision on the rezoning request made by the Planning Commission shall be accompanied by a statement describing whether the action taken is consistent with any comprehensive plan that has been adopted by the governing board and any other officially adopted plan that is applicable and a statement as to why Planning Commission considers the action taken to be reasonable and in the public interest.

(Ord. No. 21-739, § 1, 6-15-21)

5.16.4-1 Purpose.

Conditional zoning is established in accordance with G.S. 160D-703(b) to provide for flexibility in the development of property while ensuring that the development is compatible with neighboring uses. Conditional zoning affords a degree of certainty in land use decisions not possible when rezoning to a Primary General Use District. Additional standards and regulations, mutually agreed upon in writing by the City of Gastonia and the petitioner, may be attached to a proposed development to ensure compatibility with the surrounding uses and with applicable adopted plans in accordance with the requirements of this section.

5.16.4-2 Conditional zoning districts.

Conditional zoning is available for any of the Primary General Use or Overlay District classifications enumerated in Chapter 6 of this Ordinance, except for those that require a site-specific development plan as part of the application. The conditional zoning designation shall be indicated on all zoning maps and other official documents with the suffix "(CZ)" and enumerated to reference the ordinance on record of the approval (e.g., "C-1(CZ-2021-01), Ord. #2021-99").

5.16.4-3 General requirements.

The following provisions shall apply in the administration of conditional zoning:

A.

A conditional zoning application shall be considered only upon request of the owner of the affected property or a duly authorized representative of the property owner demonstrated by written, signed and notarized documentation.

B.

Applicant shall meet with representatives of the surrounding property owners and of the surrounding neighborhood(s) to discuss the proposed development, and include a report of any such meetings in accordance with Section 5.16.3-1(B) of this Ordinance to the Administrator.

C.

All standards and requirements of the corresponding Primary General Use District shall be met, except to the extent that the conditions imposed by the conditional zoning are more restrictive than the general use standards.

D.

No uses shall be permitted except those enumerated in the ordinance adopting the conditional zoning.

E.

The conditions agreed upon pursuant to the Conditional Zoning approval shall be stated in the adopting ordinance and may limit the uses which are permitted on the property. By way of illustration and not limitation, conditions may specify location on the property of the proposed structure(s), the number of dwelling units, the location and extent of supporting facilities such as parking lots, driveways, and access streets, the location and extent of buffer areas and other special purpose areas, the timing of development, the height of structures, the location and extent of rights-of-way and other areas to be dedicated for public purposes, and other such matters as may be identified as appropriate for the proposed development.

F.

Minor modifications to the approved Conditional Zoning ordinance may be approved by the Administrator per authorization under G.S. 160D-703(b). The minor modifications authorized herein are intended to provide relief where conditions established by the Conditional Zoning ordinance create a hardship based upon a unique physical attribute of the property itself or some other factor unique to the property which was not known at the time of ordinance adoption and which has subsequently rendered the property difficult or impossible to use due to the condition(s) imposed by the zoning. The permit holder shall bear the burden of proof to secure the modification(s). Such modifications shall be limited to the following:

1.

A deviation of up to ten (10) percent or twenty-four (24) inches, whichever is greater, from the approved setback, provided that the conditions for approving a deviation from the required setback established by Section 5.15 of this Ordinance are met.

2.

A reduction of up to twenty-five (25) percent in the number of parking spaces required for the use provided that the proposed development is located within one-half (½) mile of either the Main Street District (MS) or the Mixed Use District (MU-1 and MU-2) and on-street parking is available.

3.

Any other minor modification in accordance with the limitations and procedures prescribed in this Ordinance, unless restricted by G.S. 160D-703(b), or the Conditional Zoning ordinance adopted pursuant to this section specifies otherwise.

Any other modifications must be approved by the City Council as an amendment to the Conditional Zoning ordinance, and may be referred to the Planning Commission or Administrator as appropriate. The Administrator shall in every case have the discretion to decline to exercise the power to approve or deny modifications as provided for herein, and may require the applicant to seek an amendment to the Conditional Zoning ordinance.

G.

Any violation of a provision of a Conditional Zoning ordinance shall be treated the same as any other violation of this Ordinance and shall be subject to the same remedies and penalties as any other such violation.

H.

If for any reason any provision of a Conditional Zoning ordinance is found to be illegal or invalid, or if the applicant should fail to accept any condition, the entire Conditional Zoning ordinance shall be null and void, and the property shall revert to its previous zoning classification without further action by the City Council.

I.

If no formal action (e.g., construction plan submittal, permit application, etc.) has been taken to begin the development of the property in accordance with the Conditional Zoning ordinance within twenty-four (24) months of its approval by City Council, or no vested right has been obtained, then the property shall revert to its previous zoning classification, or the Administrator may initiate appropriate action to rezone the affected property to any other classification deemed consistent with the adopted comprehensive land use plan including subsequent amendments adopted by the City Council of the City of Gastonia and other applicable adopted plans.

J.

If the use or uses commenced pursuant to a Conditional Zoning ordinance adopted pursuant to this section are abandoned or discontinued or no vested right has been obtained then the property shall revert to its previous zoning classification, or the Administrator may initiate appropriate action to rezone the affected property to any other classification deemed consistent with the adopted comprehensive land use plan including subsequent amendments adopted by the City Council of the City of Gastonia and other applicable adopted plans.

K.

No variances or special use permits may be issued for developments on property that is subject to a Conditional Zoning ordinance.

5.16.4-4 Application procedure.

When applying for Conditional Zoning, the application shall specify the nature of the proposed development and shall propose conditions to ensure compatibility with the surrounding uses and consistency with adopted plans. Applications for Conditional Zoning shall be processed, considered, and voted upon in accordance with procedures established in Section 5.16.3 of this Ordinance for zoning map and zoning text amendments, except as provided below:

A.

The application shall include site plans, landscape plans, building elevations, floor plans, and such other information required to provide the approving bodies with a complete and accurate description of the proposed development.

B.

The application and supporting materials shall be reviewed by the Administrator in accordance with Section 5.2 of this Ordinance prior to the meeting of the Planning Commission at which the application is to be considered. The recommendations and comments of the Administrator shall be reported to the Planning Commission. In addition, the Administrator shall evaluate Conditional Zoning applications on the basis of the criteria for special use permits set out in Section 5.11 and shall submit said report at the legislative hearings on said applications.

C.

Following review by the Administrator, the Planning Commission shall review the application and all requisite documents at a regularly scheduled meeting following the procedures defined in Section 5.16.3.D of this Ordinance. The Planning Commission may recommend approval of the application, including recommending conditions for the zoning; recommend denial of the application; or continue the consideration of the application in order to receive further information regarding the application within the time limits of 5.16.3.D.1.

D.

Upon receipt of the recommendations from the Planning Commission, the City Council shall hold a legislative hearing on the application for Conditional Zoning. Notice of the legislative hearing shall be provided in accordance with the provisions for legislative hearings for zoning map amendments as set forth in Section 5.16.3.C of this Ordinance and G.S. 160D-601 and G.S. 160D-602.

E.

The City Council's consideration of an application for Conditional Zoning is legislative in nature, and the City Council may consider any relevant information in its deliberations, including the criteria for issuing special use permits specified in Section 5.11. Consideration shall be given to adopted land use plans for the area, small area plans, corridor plans, and other land use policy documents, and to surrounding land uses. The City Council may adopt or not adopt a Conditional Zoning ordinance in accordance with the procedures defined in Section 5.16.3.E of this Ordinance, or may continue its consideration of the application as necessary to conclude consideration and deliberations.

F.

During the adoption of a Conditional Zoning ordinance, specific conditions may be proposed by the petitioner, City Council, Planning Commission, or City staff, but only those conditions mutually approved by City Council and the petitioner in writing may be incorporated into the zoning regulations and permit requirements. Conditions and site-specific standards imposed in a conditional zoning district shall be limited to those that address the conformance of the development and use of the site to City ordinances, an officially adopted land use, comprehensive or other plan and those that address the impacts reasonably expected to be generated by the development or use of the site.

G.

Specific findings of the City Council are not required for action on an application for Conditional Zoning. However, a statement analyzing the reasonableness of the proposed rezoning shall be prepared for each conditional zoning district as required by Sub-section 5.16.3.E of this Ordinance.

H.

Upon adoption of a Conditional Zoning ordinance, the Official Zoning Map of the City of Gastonia shall be amended to add the conditional zoning district and denote the reference as required by Sub-section 5.16.4-2 of this Ordinance. The Administrator shall maintain a book or file for Conditional Zoning ordinances, and each Conditional Zoning ordinance shall be filed therein. Failure to comply with this provision shall not render the ordinance invalid.

I.

The Conditional Zoning ordinance adopted as provided herein shall be perpetually binding upon the affected property unless subsequently changed or amended as provided for in this Ordinance.

J.

Conditional Zoning ordinances are legislative in nature, and judicial review of Conditional Zoning ordinances shall be as provided by Article 14 of Chapter 160D of the North Carolina General Statutes.

(Ord. No. 21-739, § 1, 6-15-21)

Editor's note— Ord. No. 21-739, § 1, adopted June 15, 2021, repealed Section 5.17 in its entirety, which pertained to changes to the ordinance text, and derived from the Unified Development Ordinance adopted Oct. 20, 2009.

A.

A Transportation Impact Analysis ("TIA") is a specialized study that evaluates the effects of the traffic generated by any development or redevelopment on the surrounding transportation infrastructure. The TIA helps identify where a development or redevelopment may have a significant impact on public safety, traffic and transportation operations and provides a means for the mitigation of those impacts. The TIA may be used to evaluate whether the scale of a development is appropriate for a particular site and what improvements may be necessary in order to provide safe and efficient access and traffic flow.

B.

The Planning Director or their designee shall determine the need for a TIA upon the receipt of an application for the approval or modification of any site plan, building permit, zoning certificate of compliance, certificate of occupancy, temporary use permit, special use permit, major/minor subdivision or unified development.

C.

The thresholds for determining the need for a TIA, the technical requirements for an acceptable TIA, the procedures for providing an acceptable TIA or the availability of alternatives to a full TIA, the responsibility for payment of the costs thereof along with the mitigation that might be required pursuant to the TIA shall be set forth in The City of Gastonia Transportation Impact Analysis Policy Manual adopted by, and as modified from time to time by, the City of Gastonia City Council.

(Ord. No. 19-694A, § 2, 6-18-19; Ord. No. 21-739, § 1, 6-15-21)

Editor's note— Ord. No. 19-694A, § 2, adopted June 18 2019, repealed the former § 5.18 and enacted a new § 5.18 to read as set out herein. Former § 5.18 pertained to protest petition to the Zoning Map change, and derived from the Unified Development Ordinance adopted October 20, 2009.