1. Zoning Map Amendment (30-4-5, and 30-4-6);
2. Special Use Permit (30-4-10);
3. Variance (30-4-13); and
4. Special Exception (30-4-14).

1. Prior to the public hearing, the applicant must submit a summary report to the Planning Director at least two working days before the day of the scheduled public hearing. The summary report must describe:
   1. efforts to notify neighborhoods about the proposal (how and when notification occurred, and who was notified);
   2. how information about the proposal was shared with neighborhoods (mailings, workshops or meetings, open houses, flyers, door-to-door handouts, etc.);
   3. who was involved in the discussions;
   4. suggestions and concerns raised by the neighborhoods; and
   5. what specific changes to the development proposal were considered and/or made as a result of the communications with the neighborhoods.
2. The applicant must present the summary report to the authorized decision-making body at the public hearing.
   
   (Amended by Ord. 22-224 on 10/18/22)

1. All applications and associated fees must be filed with the appropriate department.
2. Filing fees may be established and modified from time to time to defray the actual cost of processing the application.

1. City Council Hearings
   Notice is required for City Council hearings as shown in the following table:

1. in writing;
2. filed within 15 days of the decision being appealed; and
3. filed with appropriate department assisting the public body to which the appeal is taken.

1. the decision of the Board is filed in the Planning Department; or
2. a written copy of the decision is delivered to every aggrieved party who has filed a written request for such copy with the Board Secretary or Chair of the Board at the time of its hearing of the case.

1. Activity Center Overlay, see 30-7-8.3.
2. Downtown Design Overlay, see 30-7-8.5.
3. Historic District Overlay, see 30-7-8.6.
4. Neighborhood Conservation Overlay, see 30-7-8.8.
5. Pedestrian Scale Overlay, see 30-7-8.9(A).
6. Scenic Corridor Overlay, see 30-7-8.10
7. Airport Overlay, see 30-7-8.2
8. Manufactured Housing Overlay, see 30-7-8.7.
9. Central Business Overlay, see 30-7-8.4
10. Visual Corridor Overlay, see 30-7-8.11.
    
    (Amended by Ord. 15-105 on 8/3/15)

1. A Transportation Impact Study may be required by the City of Greensboro Department of Transportation for any development or property that has experienced a change in zoning classification after July 1, 1999 and is projected to generate 100 trips during the adjacent street AM or PM peak hour or 1,000 average daily trips.
2. A Transportation Impact Study is required for all developments that have experienced a change in zoning classification after July 1, 1999 and are projected to generate 150 trips during the adjacent street AM or PM peak hour or 1,500 average daily trips.
3. A Transportation Impact Study may be required for any redevelopment or change in use of an existing occupied development that has experienced a change in zoning classification after July 1, 1999 that would generate 100 additional trips during the adjacent street AM or PM peak hour or 1,000 additional daily trips.
4. A Transportation Impact Study is required when the subject development is expected to generate 150 additional trips during the adjacent street AM or PM peak hour or 1,500 additional daily trips, subject to the exemptions set out in 30-4-5.4(B).
5. When sufficient information on the proposed development is available for GDOT to determine that the aforementioned criteria is met, a Transportation Impact Study must be submitted with all preliminary plats, site plans, site plan revisions, Special Use Permit applications, conditional rezoning applications, and conditional original zoning applications where the proposed city zoning entails greater trip generation than does the existing county zoning.
6. Trip rates must be based on trip generation rates contained in the latest edition of Trip Generation published by the Institute of Transportation Engineers (ITE) or any local trip generation rates either published or approved by GDOT. Additional trips must be determined by subtracting the gross trip generation of the existing use from the gross trip generation of the proposed use. The additional trip calculation applies to property that is occupied at the time of submittal or has been occupied at any time prior to submittal.
7. If a development or property has experienced a change in zoning classification after July 1, 1999 and special circumstances exist, GDOT may require a Transportation Impact Study without regard to the expected trip generation of the development. Factors that would warrant such a requirement are:
   1. there are existing levels of service deficiencies in the area of the proposed development. ("Level of Service" as defined in the Highway Capacity Manual–Transportation Research Board Special Report 209); or
   2. available accident data and/or operational and geometric factors indicate safety concerns.

1. Notwithstanding the applicability thresholds above, a Transportation Impact Study is not required if the property to be rezoned or developed has been the subject of a Transportation Impact Study within the previous 3 years and the projected trip generation of the newly proposed development is equal to or less than the previous study performed and the trip distribution has not significantly changed.

1. A licensed professional engineer who has completed the GDOT self-certification form must attend a presubmittal conference with GDOT and prepare the Transportation Impact Study. The draft Transportation Impact Study must be submitted to GDOT at least 21 days before filing the zoning map amendment application.
2. The Transportation Impact Study must follow the guidelines prepared by GDOT. The Transportation Impact Study must address:
   1. the proposed land use,
   2. the trip generation of the proposed use,
   3. site access,
   4. modal splits, if appropriate,
   5. impacts on the multimodal transportation system from the proposed development, and
   6. physical improvements or enforceable management strategies to mitigate negative impacts.
3. At a minimum, the Transportation Impact Study must identify the improvements necessary to maintain Level of Service “D” for streets and intersections as defined in the Highway Capacity Manual - Transportation Research Board Special Report 209. GDOT will provide current traffic count information for use in Transportation Impact Studies if such counts are available.
4. The Transportation Impact Study must be reviewed and approved by GDOT before being considered by City Council or any planning agency of the city.

1. The Planning and Zoning Commission must advise and comment on whether the proposed amendment is consistent with the Comprehensive Plan, and it must adopt a written statement that addresses consistency between the proposed amendment and the Comprehensive Plan (and other matters as deemed relevant by the Planning and Zoning Commission) and explain why the Planning and Zoning Commission considers the action taken to be reasonable and in the public interest. That statement is not subject to judicial review. However, concluding that a proposed amendment is inconsistent with the Comprehensive Plan does not preclude approval of the proposed amendment.
2. When a zoning map amendment application receives a tie vote or an unfavorable vote from the Planning and Zoning Commission, that action constitutes denial of the application, unless appealed in accordance with paragraph (E), below.
3. When an application receives a majority favorable vote consisting of less than 6 favorable votes from the Planning and Zoning Commission, that action constitutes a recommendation to approve the zoning map amendment application and is forwarded to the City Council for final action.

1. zoning map amendments that receive a majority favorable vote from the Planning and Zoning Commission consisting of fewer than 6 favorable votes;
2. all appealed zoning map amendment decisions of the Planning and Zoning Commission;
3. all original zoning map amendments; and
4. all establishments of and changes to overlay district boundaries.

1. the date of final action by the Planning and Zoning Commission or the City Council; or
2. the date of the public hearing or scheduled public hearing before the Planning and Zoning Commission if such application is withdrawn less than 24 days prior to such public hearing or scheduled public hearing.

1. A change will be deemed substantial if it:
   1. decreases the number or extent of mixed-use features, including combinations of different land uses, integrated site design, strong pedestrian and vehicle connectivity, and strong orientation of buildings to streets (sidewalks);
   2. decreases use of compatible design features, including architectural styles and materials, signage and lighting, and site layout, among both internal development and with appropriate adjacent external development;
   3. decreases pedestrian features, including added sidewalks, crosswalks, bus stops, pedestrian amenities, small block site layout or internal and external pedestrian connections; or
   4. changes the use category permitted as per Table 8-1, within any portion of the development.
2. A change will not be deemed substantial if it reduces impacts on surrounding properties in one or more of the following ways:
   1. a greater than 10% decrease in the intensity of the land uses proposed on the site (e.g., number of housing units or gross floor area);
   2. a greater than 10% increase in proposed setbacks by locating the proposed buildings closer to internal property lines without increasing the setbacks of proposed buildings from public streets;
   3. a significant increase in the visually obscuring buffers along the perimeter of the site (not including toward streets) that includes preserved vegetation, added landscaping, walls and fences, or the use of topography;
   4. a decrease in the traffic impact due to a significant decrease or shift in the number, location or configuration of access points to or additional road improvements for the development; or
   5. a greater than 10% increase in the amount of usable or passive open space, tree preservation, greenways, or trails provided on the site.

1. produce a development of equal or higher quality than otherwise required by the strict application of district regulations that would otherwise govern;
2. encourage innovative arrangement of buildings and open spaces to provide efficient, attractive, flexible, and environmentally sensitive design;
3. produce a development functioning as a cohesive, unified project; and
4. not substantially injure or damage the use, value, and enjoyment of surrounding property nor hinder or prevent the development of surrounding property in accordance with the adopted plans and policies of the City.

1. The concept plan with proposed phase lines, if any;
2. The master sign plan or common sign plan in accordance with 30-14-11;
3. Documents which specify proposed setbacks or other regulations governing building placement, and other information that the Planning and Zoning Commission may deem pertinent to plan approval. The applicant may use district regulations provided by this ordinance or may propose regulations unique to the development. In no case may the Unified Development Plan leave any area proposed for development unregulated.
4. All phases must be shown on the Unified Development Plan and numbered in the expected order of development. The phasing must be consistent with the open space, traffic circulation, drainage, and utilities plans for the overall planned unit development.

1. The Planning and Zoning Commission is authorized to approve a substantial change or amendment to a Unified Development Plan using the criteria in 30-4-5.10, by following the same procedure as that required for the original approval of the Unified Development Plan.
2. The Technical Review Committee may approve Type 2 Modifications in accordance with 30-4-11 for all other changes.
   
   (Amended by Ord. 20-099 on 9/1/20)

1. topographical map of the project site at 2 foot intervals;
2. list of project-specific land uses;
3. list of project-specific site design and development standards, which may in-clude building setbacks, street and right-of-way types and widths.
4. location of streets and public open spaces;
5. location of existing and proposed residential, commercial, and civic buildings and lots;
6. location and amount of land in special flood hazard areas and any other lands not suitable for development;
7. general location of any proposed watershed protection measures; and
8. any other information required by the Technical Review Committee to demonstrate conformance with the Traditional Neighborhood District purposes and standards.
9. Architectural Standards
   1. The inclusion of architectural standards is not a requirement for a TN district. However, their use is encouraged as a means to heighten sense of place, character, appearance, and property value.
   2. A developer may choose to include architectural standards as part of the Traditional Neighborhood Development Plan.
   3. If the developer desires to include architectural standards, they may be submitted at any stage in the development process for review and approval by the Technical Review Committee as being consistent with the Traditional Neighborhood Development Plan.

1. a zoning map amendment application; and
2. the Traditional Neighborhood Development Plan approved by the Planning and Zoning Commission. That adopted Plan shall be referenced in any ordinance granting zoning to the subject land as a Traditional Neighborhood District, and thenceforth that adopted Plan shall be a standard to which conformance of development within the zone is measured.

1. Who May Initiate
   Application to develop an activity center master plan may be initiated by the City Council, Planning Director, or by petition from any owner of property in or near an area designated as an Activity Center or a Corridor on the GSO 2040 Comprehensive Plan - Future Built Form Map (Map 8).
2. Application Requirements
   Applications for creation of an activity center master plan must be filed with the Planning Director in accordance with 30-4-1.3.
3. Elements of the Activity Center Master Plan
   The Planning Director must prepare an activity center master plan for the proposed district. At minimum, the Plan must include the following information:
   1. statement of purpose and intent;
   2. a map that indicates the boundaries of the proposed activity center overlay district;
   3. a description of the type of activity center being created;
   4. New overlay district standards (including any modifications to underlying zoning standards). Standards may address: new use restrictions, building bulk or location requirements, on or off-street parking, landscaping and buffering, signs and lighting, and other site design and improvements elements.

1. statement of purpose and intent;
2. a map that indicates the boundaries of the proposed activity center overlay district;
3. a description of the type of activity center being created;
4. a description of use limitations for the proposed activity center including location of various uses (if applicable); and
5. design manual with guidelines for new construction of any building and site improvements, or for improvements to existing buildings and sites.

1. A description of the type of activity center being established;
2. A statement adopting the activity center master plan if one has been developed;
3. Any use limitations imposed by the overlay district; and
4. A design manual, including any dimensional and other development standards imposed by the overlay district.

1. Boundary of the District
   Any amendment to the boundaries of the Downtown Design Overlay district shall be in accordance with the zoning map amendment procedures of 30-4-5.
2. Content of the Design Manual
   Any amendment to the contents of the Design Manual for the Downtown Design Overlay district shall be approved using the text amendment procedures of 30-4-4 and the mailed notice requirements of 30-4-1.4.
3. Boundary of the District by Rezoning
   Except as provided above, any property that abuts the Downtown Design Overlay district that is rezoned to the CB district after September 7, 2010 shall be included in the Downtown Design Overlay district.

1. by a petition (provided by the Planning Department) signed by property owners representing at least 25% of the land area and at least 25% of the parcels within the proposed district; or
2. upon request by a property owner within the proposed district, pursuant to an adopted neighborhood or other area plan that recommends a Neighborhood Conservation Overlay district; or
3. by the City Council.

1. Contains a minimum of one block face (all the lots on one side of a block);
2. At least 75% of the land area in the proposed district was developed at least 25 years prior to the application, and is presently developed; and
3. Where one or more of the following features is shared by a majority of the properties, creating a cohesive and distinctive setting, character or association:
   1. scale, size, orientation, type of construction, or exterior building materials;
   2. spatial relationships between buildings;
   3. lot layouts, setbacks, street layouts, or alleys;
   4. special natural or streetscape characteristics, such as creek beds, parks, greenbelts, gardens or street landscaping;
   5. land use patterns, including mixed or unique uses or activities; or
   6. abuts or links designated historic landmarks and/or districts.

1. If, based on the criteria in subsection (B) above, the Planning Director determines that the area is not eligible for a Neighborhood Conservation Overlay district designation, the applicants will be notified of this fact in writing, including stated reasons for the decision. The decision of the Planning Director that an area is not eligible may be appealed to the Board of Adjustment, in accordance with 30-4-27.
2. If the Planning Director determines that the area is eligible for designation as a Neighborhood Conservation Overlay District, the applicants will be notified of this decision and a Public Information meeting will be scheduled. The decision of the Planning Director that an area is eligible for a Neighborhood Conservation Overlay district may not be appealed.

1. Statement of Purpose and Intent;
2. A map that indicates the boundaries of the proposed Neighborhood Conservation Overlay district;
3. A description of the relevant history of the area;
4. A description of the existing and common characteristics of the area, including zoning, land use, development, and distinguishing features of the proposed district (e.g. architectural styles, natural features, design features, institutions); and
5. Design guidelines for new construction of any building or site, or improvements to an existing building or site.
   1. The design guidelines may include elements governing the common physical characteristics and features of property (public or private) existing within the proposed district. The guidelines may also vary according to the type of land use (single-family, multifamily, commercial, etc.) and may decrease or increase standards (parking, landscaping, etc.). Elements of design established for the proposed district may include, but are not limited to, the following:
      1. building height, massing, and orientation;
      2. principal elevation features, pattern and number of openings, building materials, and roofline and pitch;
      3. dimensional requirements, setbacks, lot size, density, and floor area ratio;
      4. parking and loading requirements, garage entrance location, driveways, and sidewalks;
      5. landscaping, fences and walls, lighting, and signage; and
      6. general site planning for both primary and accessory structures.
   2. In order to accomplish the stated goals of the plan and maintain common characteristics of the proposed district, elements of design may only consider conditions currently prevalent throughout the proposed district. Additionally, design guidelines established for the proposed district may not regulate the following:
      1. interior alterations;
      2. routine maintenance or repair of any structure or site feature;
      3. demolition of any structure;
      4. exterior paint colors; and
      5. types of land uses permitted by the underlying zoning district.
   3. Once the Neighborhood Conservation Plan has been approved, proposed developments within the district shall be reviewed by the Planning Director to determine if they meet the adopted guidelines set forth in the plan.
6. Upon completion of the proposed Neighborhood Conservation Plan, the Planning Director must schedule a public meeting for the purpose of informing property owners in the proposed overlay district of the nature of any pending requirements. The Planning Director must send notice as provided in subsection (D) above. A petition (provided by the Planning Department) indicating support for the city to proceed to public hearings must be filed with the Planning Director within 6 months of this public meeting. The petition to proceed must be signed by property owners representing at least 51% of the land area and at least 51% of the parcels within the proposed district.
7. Adoption of a Neighborhood Conservation Overlay district requires an amendment to the official zoning map. Upon receipt of a petition, the Planning Director shall initiate the Zoning Map amendment. The associated Neighborhood Conservation Plan must be approved by the City Council at the same time that the map amendment is adopted.

1. Plan and Design Manual Adoption
   The plan and design manual must be approved using the text amendment procedures of 30-4-4 and the mail notice requirements of 30-4-1.4. The Planning and Zoning Commission must recommend a design manual for the overlay district plan specifying design standards for each major element. Standards may address new use restrictions, building bulk or location requirements, on or off-street parking, landscaping and buffering, signs and lighting, and other site design and improvements elements.
2. Adoption of Overlay Zoning
   The –NCO, Neighborhood Conservation Overlay district must be approved using the Zoning Map Amendment procedure of 30-4-5.

1. Any proposal to add parcels to an adopted Neighborhood Conservation Overlay district shall be the same as the application and adoption procedures for the original Neighborhood Conservation Overlay district except that a separate Neighborhood Conservation Plan will not be required. The original Neighborhood Conservation Plan for the district can be amended to incorporate the expansion.
2. Any proposal to subtract individual parcels or dissolve a district in its entirety from an adopted Neighborhood Conservation Overlay district requires:
   1. A new petition to subtract individual parcels or dissolve a district in its entirety must be signed by property owners representing at least 25% of the land area and at least 25% of the parcels within the existing district; or at the request of the City Council.
   2. A Public Information Meeting scheduled by the Planning Director for the purpose of informing property owners in the existing district of the nature of the pending request. The Planning Director must send notice of the date, time and place of the meeting by mail to all property owners within the proposed district and adjacent property owners.
   3. Following the Public Information Meeting, a petition to proceed must be signed by property owners representing at least 51% of the land area and at least 51% of the parcels within the existing district.
   4. An amendment to the official zoning map.
   5. The amendment shall be forwarded, with the recommendations of the and Planning and Zoning Commission following public hearings, to the City Council for approval.
   6. The City Council must hold a public hearing to consider the amendment.
3. Any proposal to amend a Neighborhood Conservation Plan requires:
   1. A new petition to amend a Neighborhood Conservation Plan must be signed by property owners representing at least 25% of the land area and at least 25% of the parcels within the existing district; or at the request of the City Council.
   2. A Public Information Meeting scheduled by the Planning Director for the purpose of informing property owners in the existing district of the nature of the pending request. The Planning Director must send notice of the date, time and place of the meeting by mail to all property owners within the proposed district and adjacent property owners.
   3. If the new application was initiated by a petition, then following the Public Information Meeting a petition to proceed must be signed by property owners representing at least 51% of the land area and at least 51% of the parcels within the existing district.
   4. The amendment shall be forwarded, with the recommendations of the Planning and Zoning Commission following a public hearings, to the City Council for approval.
   5. The City Council must hold a public hearing to consider the amendment.
      
      (Amended by Ord. 12-26 on 4/3/12 and Ord. 20-099 on 9/1/20)

1. The physical qualities of the area that make it a unique location for pedestrian-oriented businesses and residences and the prevailing elements of the area that establish the character of the district and subsequently require special consideration (e.g., typical setbacks, building heights, lot coverage, street width, and parking);
2. Standards of the underlying zoning district that must be modified in order to maintain the pedestrian scale character of the area (for example, off-street parking requirements, landscaping requirements, sign regulations); and
3. Transportation systems that provide access to the area (for example, vehicular access, public transit.)

1. The type and arrangement of land uses along the corridor;
2. The unique qualities of the corridor, such as landmark buildings, views and vistas, and natural features which merit special consideration or protection;
3. The value of the corridor as an entryway to the city which influences the perception of individuals or firms considering residence or investment in the community;
4. Transportation (e.g. vehicular access, dedication of right-of-way, driveway limitations, and traffic impacts); and
5. The standards of the underlying zoning district(s) that must be modified in order to maintain the scenic character of the area (for example, off-street parking requirements, landscaping requirements, sign regulations).

The AO-A and AO-B overlay districts are intended to be applied to lands within the City’s jurisdiction based on the noise levels related to operations at the Piedmont Triad International Airport and are as follows:

1. Boundary of AO-A of the Airport Overlay District

   AO-A of the Airport Overlay District consists of all lands within the 60 DNL Noise Contour Area around Piedmont Triad International Airport as depicted within the PART 150 Study dated November of 2007, and as delineated on the Zoning Map.

2. Boundary of AO-B of the Airport Overlay District

   AO-B of the Airport Overlay District consists of all lands north of Joseph M. Bryan Boulevard located between the boundary of AO-A established above and the 60 DNL Noise Contour Area around Piedmont Triad International Airport, as depicted within the Airport Area Plan adopted on September 12, 2002, and as delineated on the Zoning Map.

Modification of District Boundaries
Except as provided in (B) above, any amendment to the boundaries of the Airport Overlay district must be approved using the Zoning Map Amendment procedure of 30-4-5 and the mail notice requirements of 30-4-1.4.

1. The physical qualities of the greenway, the types and accessibility that make the area suitable for greenway users, and the prevailing elements of the area that establish the character of the district and may subsequently require special consideration (e.g. typical setbacks, greenway width, existing outdoor uses, adjacent land uses, and parking);
2. Standards of the underlying zoning district that must be modified in order to maintain or enhance the ability of greenway users to access the area (e.g. bike rack requirements, landscaping/screening requirements, sign regulations, building orientation, building materials, connectivity with the greenway); and
3. The interaction of transportation systems that provide access to the area.

1. The Planning and Zoning Commission may make a substantial change or amendment to the adopted design manual, using the criteria in 30-4-5.10, by following the same procedure as that required for the original approval of the design manual.
2. The Planning and Zoning Commission may make a change to the boundary of the district by following the same procedure for establishing the district.
3. The Technical Review Committee may approve Type 2 Modifications in accordance with 30-4-11 for all other changes.

1. That the proposed use will not be detrimental to the health or safety of persons residing or working in the vicinity or injurious to property or improvements in the vicinity;
2. That the proposed use at the particular location provides a service or facility that will contribute to the general well-being of the neighborhood or the community; and
3. That the location and character of the proposed use will be in harmony with the area in which it is to be located and in general conformity with the Comprehensive Plan.

1. Circulation
   Number and location of access points to the property and the proposed structures and uses, with particular reference to automotive, bicycle, mass transit and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe.
2. Parking and Loading
   Location of off-street parking and loading areas.
3. Service Entrances and Areas
   Locations of refuse and service areas with particular reference to ingress and egress of service vehicles.
4. Lighting
   Locations of exterior lighting with reference to glare, traffic safety, economic effect and compatibility with other property in the area.
5. Signs
   Appropriateness of signs considering location, height, size, and design within the context of other property in the area.
6. Utilities
   Location and availability of utilities.
7. Open Spaces
   Location of required yards and other open spaces and preservation of existing trees and other natural features.
8. Environmental Protection
   Preservation of tree cover, floodplain, stream buffers, wetlands, steep slopes, open space and other natural features, and protection of water quality.
9. Screening, Buffering and Landscaping
   Installation of screening, buffering, fencing and landscaping where necessary to protect adjacent property.
10. Effect on Adjacent Property
    Effects of the proposed use on nearby property, including, but not limited to, the effects of noise and odor.
11. Compatibility
    The level of general compatibility with nearby properties and the appropriateness of the use in relationship to other properties.
    
    (Amended by Ord. 20-099 on 9/1/20.)

1. Type 1 Modifications
   Final decision-making authority on Type 1 Modifications rests with the department director with general responsibility for administering and interpreting the subject regulation or standard. Type 1 Modifications involve modifications to regulations and standards that are very minor (de minimis) in nature. Regulations and standards are eligible for modification through the Type 1 procedure only when expressly authorized by this ordinance.
2. Type 2 Modifications
   The Technical Review Committee is authorized to approve most Type 2 Modifications, which involve modifications to regulations and standards that are similar to type 1 modifications but which benefit from inter-agency review. Regulations and standards are eligible for modification through the Type 2 procedure only when expressly authorized by this ordinance.
3. Type 3 Modifications
   The Planning and Zoning Commission is authorized to approve Type 3 Modifications after review by the Technical Review Committee. Type 3 modifications involve changes or amendments to conditional zoning districts and special use permits. Regulations and standards are eligible for modification through the Type 3 procedure only when expressly authorized by this ordinance.
4. Type 4 Modifications
   The City Council is authorized to approve Type 4 Modifications after review by the Technical Review Committee and Planning and Zoning Commission. Regulations and standards are eligible for modification through the Type 4 procedure only when expressly authorized by this ordinance.
5. Type 5 Modifications
   The North Carolina Environmental Management Commission is authorized to approve Type 5 Modifications after review by the Technical Review Committee, Planning and Zoning Commission and the City Council. Type 5 modifications involve modifications to major watershed standards, and state law requires that such decisions be made by the Environmental Management Commission. Regulations and standards are eligible for modification through the Type 5 procedure only when expressly authorized by this ordinance.
   
   (Amended by Ord. 20-099 on 9/1/20)

1. that the proposed modification will result in equal or better performance than the standard being modified;
2. that the size, topography, or existing development of the property or of adjoining areas prevents compliance with a standard; or
3. that a federal, state, or local law or regulation prevents compliance with the standard.

1. The setback being modified abuts a parcel that is in a zoning district of equal or higher density;
2. The setback being modified abuts a collector or higher classification of roadway; or
3. The setback being modified abuts land that is not occupied by a residential use.

1. Alternate tree conservation plans, plant materials, planting methods or reforestation may be authorized when unreasonable or impractical situations would result from application of landscaping or tree conservation requirements. Such situations may result from streams, natural rock formations, topography, or other physical conditions; or from lot configuration, utility easements, unified development design, or unusual site conditions.
2. The Planning Director may approve an alternate plan that proposes different plant materials or methods provided that quality, effectiveness, durability, and performance are equivalent to that required by this section. The performance of alternate landscaping plans or tree conservation plans must be reviewed by the Planning Director to determine if the alternate plan meets the intent and purpose of this section. This determination must take into account the use of adjacent property, number of plantings, species, arrangement and coverage, location of plantings on the lot, and the level of screening, height, spread, and canopy of the plantings at maturity.
3. Decisions of the Planning Director regarding alternate methods of compliance for landscaping, tree conservation and reforestation may be appealed to the Technical Review Committee as requests for modifications. 
4. Appeals from decisions of the Technical Review Committee may be taken to the Planning and Zoning Commission.

1. The Technical Review Committee has final decision-making authority on all Type 2 Modifications. Standards and regulations eligible for modification through the Type 2 Modification procedure are expressly identified in the text of this ordinance.
2. The Technical Review Committee must review and make recommendations on all of the following:
   1. applications for Type 4 and Type 5 Modifications of Water Supply Watershed standards; and
   2. all applications for Type 3 Modifications of conditions attached to a Conditional Zoning District or Special Use Permit.

1. The Planning and Zoning Commission has final decision-making authority on all Type 3 Modifications. Standards and regulations eligible for modification through the Type 3 Modification procedure are expressly identified in the text of this ordinance.
2. The Planning and Zoning Commission also reviews and makes recommendations on all Type 4 and Type 5 Modifications.

1. The City Council has final decision-making authority on all Type 4 Modifications. Standards and regulations eligible for modification through the Type 4 Modification procedure are expressly identified in the text of this ordinance.
2. The City Council must review and make recommendations on all Type 5 Modifications. Standards and regulations eligible for modification through the Type 5 Modification procedure are expressly identified in the text of this ordinance.

1. Owners (or other persons having legal possession, custody, and control) of designated Guilford County Landmarks within the city limits or significant structures located within a local historic district overlay shall not allow the properties to decay or deteriorate as defined in 30-4-12.5(B). Upon written notice from the city, the owner must repair exterior features as indicated in the notice in accordance with the requirements of this section.
2. Significant structures are designated in the historic report as shown on maps contained in the designation report for each historic district overlay.

1. deterioration of exterior walls, foundations, or other vertical support that causes leaning, sagging, splitting, listing, or buckling;
2. deterioration of flooring or floor supports, roofs, or other horizontal members that causes leaning, sagging, splitting, listing, or buckling;
3. deterioration of external chimneys that causes leaning, sagging, splitting, listing, or buckling;
4. deterioration or crumbling of exterior plasters or mortars;
5. ineffective waterproofing of exterior walls, roofs, and foundations, including broken windows or doors;
6. Defective protection or lack of weather protection for exterior wall and roof coverings, including lack of paint, or weathering due to lack of paint, or weathering due to lack of paint or other protective covering;
7. rotting, holes, and other forms of decay;
8. deterioration of exterior stairs, porches, handrails, window and door frames, cornices, entablatures, wall facings, and architectural details that causes delamination, instability, loss of shape and form, or crumbling;
9. deterioration of fences, gates, and accessory structures; and
10. deterioration of any exterior feature so as to create or permit the creation of any hazardous or unsafe conditions to life, health, or other property.

1. Petitions requesting a determination that a structure requires correction to prevent demolition by neglect can be filed with the Historic Preservation Commission in one of 3 ways:
   1. by the historic district neighborhood association;
   2. by written petition of 10 property owners in the historic district overlay; or
   3. by the Engineering and Inspections Director or other city official.
2. On receipt of a petition, the Planning Director must notify the owner of the subject property of the complaint, investigate the situation, and prepare a report on the condition of the property.
3. If, upon investigation, the Planning Director determines that the property may be in a condition of substantial neglect, the Planning Director must notify the owner of this determination in writing. This notification must inform the owner that he may schedule a meeting with the Planning Director to mediate an agreement to resolve the allegations of the petition, and that the owner may request that a claim of undue economic hardship be considered during the mediation (see 30-4-12.5(G)). This meeting must be held within 30 days of the date of notification letter.
4. If, during the mediation process, the owner enters into an agreement to resolve the allegations in the petition, the agreement constitutes a final order enforceable pursuant with this section.
5. If this mediation does not take place within 30 days of the date of the notification letter to the property owner, or does not result in an agreement, then the Planning Director must place the item on the next available Historic Preservation Commission agenda and provide notice as required in 30-4-1.4.
6. If after notice and public hearing, no agreement has been reached to resolve the allegations of the petition, the Historic Preservation Commission may refer the petition to the Engineering and Inspections Director for the filing of a complaint according to the procedure as set forth in paragraph (D), below.

1. After receipt of a petition from the Historic Preservation Commission, the Engineering and Inspections Director must notify the owner in compliance with 30-4-12.5(F). The notice must offer the owner an opportunity to appear at a meeting with the Engineering and Inspections Director at least 30 days but no more than 45 days following receipt of the notification; and indicate that purpose of the hearing is to discuss the charge of neglect and to determine whether the owner and/or other parties in interest wishes to enter a claim of undue economic hardship.
2. The Engineering and Inspections Director must hold at least one meeting with the owner.
3. Following the meeting, the Engineering and Inspections Director must issue a written determination that the structure is undergoing demolition by neglect because it is deteriorating, or its condition is contributing to deterioration, according to the criteria of 30-4-12.5(B) supported by findings of fact regarding the allegation. The determination must be issued within 45 days of the original notification of the property owner. The determination may order repairs and establish a deadline for completion.
4. The Engineering and Inspections Director must deliver the written determination to the owner in compliance with 30-4-12.5(F).
5. In the event the owner wishes to petition for a claim of undue economic hardship, the Engineering and Inspections Director’s order is stayed until after the Historic Preservation Commission determination in accordance with 30-4-12.5(G).

1. The Engineering and Inspections Director must notify the owner either personally or by registered or certified mail; but if the whereabouts of such persons are unknown and the same cannot be ascertained after the exercise of reasonable diligence, and the Engineering and Inspections Director shall make an affidavit to that effect, stating the steps taken to determine and locate the persons in interest. The notice must then be served by publishing the notice once each week for 2 successive weeks in a newspaper generally circulated within the city. Where published notice is provided, a notice of the pending proceedings must be posted in a conspicuous place on the premises thereby affected.
2. The notification must contain the allegations and the process for making a decision regarding the petition, including any applicable deadlines.

1. Action by Engineering and Inspections Director
   When a claim of undue economic hardship is made, the Engineering and Inspections Director must notify the Historic Preservation Commission within 3 days following the hearing on the complaint.
2. Hearing Required
   1. The Historic Preservation Commission must schedule a hearing on the claim at the next possible regular meeting.
   2. The Historic Preservation Commission may direct staff to furnish additional information as it believes relevant. The Historic Preservation Commission must also state which form of financial proof it deems relevant and necessary to a particular case.
3. Action by the Petitioner
   1. The petitioner (person claiming undue hardship) must present the information provided under subsection 4), below to the Historic Preservation Commission. An owner and/or parties in interest may be required to furnish additional information that may be relevant to its determination of undue economic hardship.
   2. In the event that any of the required information is not reasonably available to the owner and/or parties in interest and cannot be obtained by the owner, the owner must describe the reasons why such information cannot be obtained.
   3. When a claim of undue economic hardship is made, the owner and/or parties in interest must provide evidence during the hearing upon the claim, describing the circumstances of hardship.
4. Minimum Evidence Required
   1. Nature of ownership (individual, business, or non-profit) or legal possession, custody, and control.
   2. Financial resources of the owner and/or parties in interest.
   3. Cost of repairs.
   4. Assessed value of the land and improvements.
   5. Real estate taxes for the previous 2 years.
   6. Amount paid for the property, date of purchase, and party from whom purchased, including a description of the relationship between the owner and the person from whom the property was purchased, or other means of acquisition of title, such as by gift or inheritance.
   7. Annual debt service, if any, for the previous 2 years.
   8. Any listing of the property for sale or rent, price asked, and offers received, if any.
   9. Additional evidence required for income producing property:
      1. Annual gross income from the property for the previous 2 years.
      2. Itemized operating and maintenance expenses for the previous 2 years, including proof that adequate and competent management procedures were followed.
      3. Annual cash flow, if any, for the previous 2 years.
5. Final Action by the Historic Preservation Commission
   1. Within 60 days of the hearing on the claim, the Historic Preservation Commission must approve or deny a claim. Findings in support or opposition of the claim must be entered into the record.
   2. In the event of denial of a claim of undue economic hardship, the Historic Preservation Commission must notify the Engineering and Inspections Director, and the Director must issue an order requiring such property to be repaired within the time specified.
6. Relief Plan
   1. In the event of approval of a claim of undue economic hardship, the approval must be accompanied by a recommended plan to relieve the economic hardship. This plan may include, but is not limited to:
      1. property tax relief as may be allowed under North Carolina law;
      2. loans or grants from the city, or other public, private, or nonprofit sources;
      3. acquisition by purchase or eminent domain;
      4. building code modifications;
      5. changes in applicable zoning regulations; or
      6. relaxation of the provisions of this article sufficient to mitigate the undue economic hardship.
   2. The decision-making body must notify the Engineering and Inspections Director, and the Engineering and Inspections Director must issue an order requiring the property to be repaired within the time specified, and according to the provisions of the recommended plan.

1. Equitable Remedy
   The city may apply for any appropriate equitable remedy to enforce the provisions of this article.
2. Civil Penalty
   Civil penalties may be levied in accordance with 30-5-5.4(C).

1. Unnecessary hardship would result from the strict application of the ordinance. It shall not be necessary to demonstrate that, in the absence of the variance, no reasonable use can be made of the property.
2. 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, may not be the basis for granting a variance.
3. The hardship did not result from actions taken by that 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.
4. 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.

1. The danger that materials may be swept onto other lands to the injury of others;
2. The danger to life and property due to flooding or erosion damage;
3. The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner;
4. The importance of the services provided by the proposed facility to the community;
5. The availability of alternative locations, not subject to flooding or erosion damage, for the proposed use;
6. The compatibility of the proposed use with existing and anticipated development;
7. The relationship of the proposed use to the comprehensive plan and floodplain management program for that area;
8. The safety of access to the property in times of flood for ordinary and emergency vehicles;
9. The expected heights, velocity, duration, rate of rise, and sediment transport of the flood waters, and the effects of wave action, if applicable, expected at the site;
10. The costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, gas, electrical, and water systems, and streets and bridges; and
11. The effect that granting the appeal or variance would have on the city’s eligibility for federal flood insurance. In addition, if the request is for a functionally dependent facility, the Board of Adjustment shall consider the necessity to the facility of a waterfront location.

1. Variances may be granted for:
   1. The repair or rehabilitation of historic structures upon the determination that the proposed repair or rehabilitation will not preclude the structure’s continued designation as a historic structure and the variance is the minimum necessary to preserve the historic character and design of the structure.
   2. Functionally dependent facilities provided such facilities are protected by methods that minimize flood damages.
   3. Any other type of development provided it meets the requirements stated in this section.
2. Variances shall not be granted when the variance will cause the structure to be in violation of other federal, state, or local laws, regulations, or ordinances.
3. Variances shall not be granted within any designated floodway or non-encroachment area if any increase in flood levels during the base flood discharge would result.
4. Variances shall only be granted upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.
5. Variances shall only be issued prior to development permit approval.
6. Variances shall only be granted upon:
   1. A showing of good and sufficient cause;
   2. A determination that failure to grant the variance would result in exceptional hardship; and
   3. A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, creation of a nuisance, fraud on or victimization of the public, or conflict with existing local laws or ordinances.
7. Any applicant to whom a variance is granted shall be given written notice specifying the difference between the base flood elevation (BFE) and the elevation to which the structure is to be built and a written statement that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation –up to $25 per $100 of insurance coverage. Such notification shall be maintained with a record of all variance actions.
8. The Floodplain Administrator, hereinafter referred to as the Water Resources Director, shall maintain the records of all appeal actions and report any variances to the Federal Emergency Management Agency and the State of North Carolina upon request.
9. A variance may be issued for solid waste disposal facilities, hazardous waste management facilities, salvage yards, and chemical storage facilities that are located in special flood hazard areas or future conditions flood hazard areas provided that all of the following conditions are met:
   1. The use serves a critical need in the community.
   2. No feasible location exists for the use outside the special flood hazard area or future conditions flood hazard area.
   3. The reference level of any structure is elevated or flood-proofed to at least the regulatory flood protection elevation.
   4. The use complies with all other applicable federal, state and local laws.
   5. The city has notified the Secretary of the North Carolina Department of Crime Control and Public Safety of its intention to grant a variance at least 30 days prior to granting the variance.

1. The special exception is in harmony with the general purpose and intent of this ordinance and preserves its spirit; and
2. The granting of the special exception assures the public safety and welfare and does substantial justice.

1. construction of or additions to single-family and two-family dwellings, and accessory buildings;
2. expansions of buildings, parking areas, or open areas of land where the amount of the expansion area does not exceed 3,000 square feet;
3. co-location on an existing wireless telecommunications facility that meets the Wireless Telecommunications Facilities standards 30-8-10.2(K);
4. installation of modular classrooms;
5. installation of temporary sales offices;
6. changes in use that do not result in an increase of 2 or more in the land use classification number; and
7. paving a lawfully created, existing gravel parking lot that has 10 or fewer spaces.

1. all developments within a designated Water Supply Watershed;
2. all developments or additions to existing developments containing 9 or more dwelling units in a single building;
3. all developments or additions of 15,000 square feet of gross floor area or more; or
4. any use of land or expansion of a use of land involving more than 40,000 square feet of gross land area, regardless of whether or not buildings are located on the site.

1. Compliance with Approved Permit
   All other permits issued for any development activity on a property subject to a special use permit (see 30-4-10) must comply with the approved special use permit.
2. Submission of Site Plans
   Site plans for any development made pursuant to any special use permit are submitted for review in the same manner as other site plans required by this ordinance.

1. A sketch plan is a plan prepared in advance of formal submittal for purposes of receiving informal staff comments. Although there are no minimum requirements for the content of a sketch plan, applicants are encouraged to provide as much detail as possible. Staff will distribute such sketch plans received and convey comments to the applicant in a timely manner.
2. A sketch plan is required for subdivisions of 50 lots or more and encouraged for all other development.

1. Site plans and plot plans satisfying the review criteria in 30-4-15.7 must be approved, and the applicant may proceed with other requirements necessary to obtain a building permit.
2. If the plan is granted conditional approval, the applicant has 30 days to revise and resubmit the plan to the Planning Department. If all of the conditions for approval have been met and the plan is otherwise unchanged, the Planning Department must approve the plan. If the plan is not revised within 30 days to meet the approval conditions, or the applicant notifies the Planning Department that no more revisions to the site plan will be made, the plan must be deemed denied.

1. Plan Required
   A stormwater management plan and separate maintenance plan in accordance with the requirements of this section must be submitted to the Planning Director and must include all applicable information listed in the Stormwater Management Manual and the Storm Drainage Design Manual. The stormwater management plan may be combined with any required watershed development plan.
2. Plan Approval
   The Technical Review Committee is authorized to approve the stormwater management plan if it is in conformance with the requirements of this ordinance. Timing of approval must be as follows:
   1. Site Plans
      The stormwater management plan and separate maintenance plan must have approval prior to or concurrent with site plan approval.
   2. Preliminary Subdivision Plats
      The stormwater management plan must have approval prior to or concurrent with preliminary subdivision plat approval except that when a stormwater management improvement is proposed, the construction plan details including proposed grading, dimensions, calculations, etc. for the proposed improvement and the separate maintenance plan may be approved following preliminary subdivision plat approval. The construction plan details and separate maintenance plan must be approved prior to issuance of any permits as specified in this section.

1. The Engineering and Inspections Director may issue a Temporary Certificate of Occupancy for a period of up to 90 days if, at the time of a request for a Certificate of Occupancy, the required planting areas are not complete and it can be determined that:
   1. plant materials are temporarily unavailable but will be available within 90 days, or
   2. completion of the planting areas would jeopardize the health of the plant materials, or
   3. weather conditions are not conducive to planting.,
2. In order to receive a Temporary Certificate of Occupancy, the landowner must submit a copy of a signed contract for installation of the required planting areas and must post a surety equal to the amount of the contract.

1. The combination or recombination of portions of previously subdivided and recorded lots where the total number of lots is not increased and resultant lots are equal to or exceed the standards of this ordinance;
2. The division of land into parcels greater than 10 acres where no street right-of-way dedication is involved,
3. The public acquisition by purchase of strips of land for the widening or opening of streets, or for public transportation system corridors;
4. The division of a tract in single ownership into no more than 3 lots where the entire area is no greater than 2 acres, where no street right-of-way dedication is involved, and where the resultant lots are equal to or exceed the standards of this ordinance.

1. The Preliminary Plat must be prepared by a registered land surveyor, registered landscape architect, or licensed engineer. Plans must be prepared in accordance with design review application published and amended by the Planning Department and submitted in accordance with 30-4-1.3.
2. For plats requiring a Transportation Impact Study, see 30-4-17.7(B).

1. The Planning Director may approve Minor Subdivision Preliminary Plats. The Department must review the plat for conformance with the requirements of this ordinance and may consult with other agencies or officials by referral.
2. The Planning Director must approve, approve with conditions, or deny the Preliminary Plat within 10 days of receipt of a complete Preliminary Plat application.
3.  Plats approved by the Planning Director may proceed toward Final Plat approval.
4. Plats denied or granted conditional approval by the Planning Director may be appealed to the Technical Review Committee in accordance with 30-4-1.6.

1. The Planning Director must present reviewed and completed Preliminary Plats and appealed plats to the Technical Review Committee at its next regularly scheduled meeting.
2. The Technical Review Committee shall review Major Subdivision Preliminary Plats or appealed plats for compliance with regulations and may consult with other agencies or officials by referral.
3. If external street connections and public input are involved in accordance with the connectivity policy of 30-13-2.5, the plat review may not be completed until such requirements are met.
4. The Technical Review Committee must approve, approve with conditions, or deny the plat.
5. If the plat is granted conditional approval, the applicant has 30 days to revise and resubmit the plat to the Planning Department. If all of the conditions for approval have been met and the plat is otherwise unchanged, the Planning Director must approve the plat. If the plat is not revised within 30 days to meet the approval conditions, or the applicant notifies the Planning Department that no more revisions to the plat will be made, the plat is deemed denied.
6. Preliminary Plats approved by the Technical Review Committee may proceed toward Final Plat approval.
7. Plats denied by the Technical Review Committee may be appealed to the Planning and Zoning Commission in accordance with 30-4-1.6.

1. Limited revisions to approved Preliminary Plats may be approved by the Planning Director.
2. Substantial changes to an approved Preliminary Plat, as determined by the Planning Director in accordance with the criteria of 30-4-5.10(A), must be resubmitted for review and approval as a new submittal.

1. A Transportation Impact Study is required when the subject subdivision is expected to generate 150 additional trips during the adjacent street AM or PM peak hour or 1,500 additional daily trips, subject to exemptions set out in 30-4-5.4.B.
2. A licensed professional engineer who has completed the GDOT self-certification from must attend a presubmittal conference with GDOT to identify areas of concern and issues to be analyzed prior to subdivision approval.  The traffic information must be submitted to GDOT at least 3 business days prior to the pre-submittal conference and must include all of the following:
   1. preliminary subdivision plat that includes a vicinity map and proposed layout for the subdivision that shows the proposed and existing points of access in the area and the proposed traffic circulation plan;
   2. projected trip generation based on the ITE manual referenced above;
   3. projected trip distribution map showing the origin and destination of the subdivision traffic; and
   4. schedule and proposed build-out year for the development.
3. The Study must be prepared as set out in 30-4-5.4(C). A draft of the Transportation Impact Study must be submitted to GDOT at least 21 days before filing the preliminary subdivision application.
4. As a part of subdivision, site plan and driveway permit approval, the Technical Review Committee may require needed transportation improvements for the property requesting development approval; however a Transportation Impact Study may not be utilized as a means for staff to require the party developing the property to make needed transportation improvements remote from the property for which the Transportation Impact Study is submitted, nor may identified deficiencies in level of service automatically be used to preclude approval of the proposed development.

1. The approval and recordation of a plat constitutes an offer of dedication to the city of the right-of-way of each public street, alley, utility easement, sight distance easement, sidewalk easement, joint/cross-access easement and drainage easement shown on such plat.
2. The approval and recordation of a plat does not constitute acceptance of maintenance responsibility within any right-of-way or easement. Improvements within rights-of-way or easements, such as utility lines, street paving, drainage facilities, or sidewalks, may be accepted for maintenance by the City Council or by the administrative officer authorized to inspect and, where appropriate, accept the dedication of such improvements.

1. Fee Simple
   1. This is the conveyance of fee simple marketable title (unencumbered financially and environmentally) to the drainageway and open space to the City of Greensboro.
   2. The offer of fee simple marketable title to the drainageway and open space must be accepted by the City Council and then recorded with the Register of Deeds.
2. Open Space Easement
   1. This is the conveyance of fee simple marketable title to the drainageway and open space to an owners’ association with a dedicated easement to the city.
   2. The offer of fee simple marketable title to the drainageway and open space must be accepted by the owners’ association and then recorded with the Register of Deeds.
3. The approval and recordation of a plat constitutes dedication to the city and the public of the drainageway and open space shown on such plat. The approval and recordation of a plat does not constitute acceptance of maintenance responsibility within such dedication. Public utilities and storm drainage facilities may be accepted for maintenance by the City Council or by the administrative officer authorized to inspect and, where appropriate, accept the dedication of such improvements.
4. Until such dedication has been accepted by the city, lands so offered may be used for open space purposes by the owner or by the owners’ association. Lands so offered for dedication must not be used for any purpose inconsistent with the proposed public use except as may be limited by state or federal regulations.

1. In order for a zoning vested right to be established upon approval of a Site Specific Development Plan, the applicant must indicate at the time of application, on a form provided by the Planning Department, that a zoning vested right is being sought.
2. An application must be accompanied by a Site Specific Development Plan. The Planning Director or Technical Review Committee, as specified in 30-4-15.2(B) must approve the Site Specific Development Plan for submission before it may be considered by the Planning and Zoning Commission. The Planning and Zoning Commission must consider the Site Specific Development Plan at a regularly scheduled meeting not less than 24 days after the Planning Director or Technical Review Committee has approved it for submission.
3. Each site plan or other document referring to a Site Specific Development Plan must contain the following notation:

1. Permits Issued Prior to Site Plan or Subdivision Preliminary Plat Approval
   The Engineering and Inspections Director may issue permits for temporary construction trailers, safety structures, and other customary construction structures prior to Site Plan or Subdivision Preliminary Plat approval and in accordance with 30-4-26.2(A)2).
2. Permits Issued After Site Plan or Subdivision Preliminary Plat Approval
   The Engineering and Inspections Director may issue permits for model homes and buildings in Group Developments (including townhouses and condominiums) after approval of Site Plans or Subdivision Preliminary Plats and construction and utility plans (where required).
3. Permits and Plans in Airport Overlay District
   Within the -AO, Airport Overlay District all permit applications, site plans and other plans proposing buildings, signs and other structures with a height of 50 feet or more must be accompanied by written documentation from the Piedmont Triad International Airport Authority indicating that the proposal complies with all applicable airport regulations. No permit or other plan approval may be granted without such written documentation.
4. Permits and Plans in a Watershed Critical Area or General Watershed Area
   Except as provided in subparagraph 30-4-26.1(F)1) above, or grading permits as provided in 30-4-26.2 below, no permit or plan approval may be granted until a watershed development plan has been approved.

1. Unless exempted below, a grading permit must be obtained prior to commencement of any land-disturbing activity. The grading permit may be obtained through the procedures established by the Engineering and Inspections Director in accordance with applicable state law, requirements of this ordinance, and the Soil Erosion and Sedimentation regulations of 30-12-6. The grading permit must be posted in a prominent place on the site of the land-disturbing activity at all times it is in effect. A Certificate of Erosion Control Performance is required in accordance with 30-4-26.9.
2. Grading permits may be issued in advance of other permits and approvals except they may not be issued before floodplain development permits, no impact/no-rise certification, conditional letter of map revision (CLOMR) or tree disturbance permits (30-4-26.3).
3. Soil erosion and sedimentation control devices may be installed prior to approval of construction and utility plans (see 30-4-16).

1. Permit Duration
   If the work authorized by a grading permit has not been completed within one year from the date of issuance, the permit is null and void unless renewed.
2. Renewal
   The grading permit may be renewed for an additional 180 days by making a written request to the Engineering and Inspections Director justifying the need for the permit renewal. No fee is required for renewal of the grading permit but applicable surety must remain in effect.

1. for the purpose of fighting fires;
2. for the stockpiling of raw or processed sand, stone, or gravel in material processing plants and storage yards, provided that sediment control measures have been utilized to protect against off-site damage;
3. undertaken on agricultural land for the production of plants and animals useful to man, including but not limited to: forage and sod crops, grain and feed crops, tobacco, cotton and peanuts; dairy animals and dairy products; poultry and poultry products; livestock, including beef cattle, sheep, swine, horses, ponies, mules, or goats, including the breeding and grazing of any or all such animals; bees and aviary products; fur animals;
4. undertaken on forest land for the production and harvesting of timber and timber products and which are conducted in accordance with Forest Practice Guidelines Related to Water Quality (best management practices) as adopted by the North Carolina Department of Environmental and Natural Resources (DENR). If land-disturbing activity undertaken on forestland for the production and harvesting of timber and timber products is not conducted in accordance with Forest Practice Guidelines Related to Water Quality, the provisions of this ordinance apply to such activity and any related land-disturbing activity on the tract; and
5. undertaken by persons as defined in Section 113A-52(8) of the North Carolina General Statutes who are otherwise regulated by the provisions of The Mining Act of 1971, Sections 74-46 through 74-68 of the North Carolina General Statutes; and
6. over which the state has exclusive regulatory jurisdiction as provided in Section 113A-56(a) of the North Carolina General Statutes.

1. Identify and protect the required tree conservation area, as specified in 30-12-1.
2. Submit a tree conservation plan as specified in 30-4-26.3(C).

1. General
   Approval of a tree conservation plan is required for all nonexempt developments and activities in accordance with 30-12-1.2 and 30-12-1.3. The tree conservation plan must be submitted along with all other required information to the Technical Review Committee. Tree conservation plan information must be included on all grading plans, erosion control plans and tree disturbance permit applications.
2. Plans
   Tree conservation plans must identify locations for the following items:
   1. boundaries of the required tree conservation area;
   2. required planting yards;
   3. protected trees within the tree conservation area, including tree size and type or when protecting large groups or stands of trees the species composition may be expressed as a forest type and diameters may be expressed as a range from lowest to highest (e.g., mixed hardwoods: DBH 6"–25");
   4. critical root zone of each proposed protected tree or group of trees or proposed undisturbed critical root zone buffer (See 30-12-1.4(B)1));
   5. limits of clearing;
   6. grading;
   7. trenching;
   8. required tree conservation measures including required fencing and signage;
   9. overhead and underground utilities and easements;
   10. areas of reforestation, if any; and
   11. stream buffers, if any.
3. Plan Notes
   The following required notes must be included on all tree conservation plans, erosion control plans, grading plans and tree disturbance permit plans:
   1. Contact the Planning Director to schedule a pre-construction meeting before any tree disturbance, except as noted in 30-12-1.3, occurs on this site.
   2. All tree conservation devices must be installed before inspection by the Planning Director and before any tree disturbance activities, except as noted in 30-12-1.3, occur.
   3. Removal of or damage to trees in the tree conservation area will be subject to all available remedies and penalties under the city’s development ordinance.
   4. No parking, storage, dirt stockpiling, concrete washout or any other activities is permitted in the tree conservation area.
4. Review
   Tree conservation plans must be reviewed by the Planning Director for conformance with applicable provisions of this section (30-12-1). The plans will either be determined to be in compliance and approved or determined to not be in compliance and returned for revisions. Reasons for return must be noted on the proposed plans.
5. Tree Conservation Measures
   All tree conservation measures must be installed prior to any tree disturbing activities except those necessary to install the tree conservation and or temporary soil erosion control measures. The developer must contact the Planning Director to conduct an inspection of all tree conservation devices before any non-exempt tree disturbing activities.
6. Inspections
   1. The Planning Director will conduct follow-up site inspections for enforcement of the tree conservation requirements of this ordinance.
   2. The developer must contact the Planning Director to conduct an intermediate inspection of the tree conservation requirements after the site grading has been completed but before installation of landscaping.
   3. The developer must contact the Planning Director to conduct a final inspection of the tree conservation requirements before being issued a Certificate of Occupancy.

1. Permit Duration
   If the work authorized by a tree disturbance permit has not been completed within one year from the date of issuance, the permit is null and void unless renewed.
2. Renewal
   A tree disturbance permit may be renewed for an additional 180 days by written request to the Planning Director justifying the need for permit renewal. No fee is required for renewal of a tree disturbance permit.

1. Unless exempted below, a building permit must be obtained prior to commencement of any applicable construction activity or sign placement. The building permit may be obtained through the Engineering and Inspections Department.
2. If required, well or septic tank permits, driveway permits, site or plot plans, and watershed development plans must be issued or approved prior to issuance of building permits.

1. Buildings owned or constructed by the State of North Carolina in accordance with Section 143-135.1 of the North Carolina General Statutes or by the federal government in accordance with federal law; and
2. Types of buildings listed under Section 101.4 of the North Carolina Building Code, including:
   1. Equipment for storing, handling, transporting, and utilizing liquefied petroleum gases for fuel purposes or anhydrous ammonia or other liquid fertilizers; and
   2. Equipment or facilities, other than buildings, of a public utility or of an electric or telephone membership corporation.

1. Applicability
   If required by Article 14, a sign permit must be obtained prior to commencement of any sign construction activity. The sign permit may be obtained through the Planning Director.  When a sign is placed in a public right-of-way or on public property and such sign includes an entity or person's name, phone number, website, information and/or address, there shall be a rebuttable presumption that said person or entity or the person who controls the property at the address or the identified website or phone number was responsible for the placement of the sign; such person or entity shall be responsible for its removal and any applicable penalties unless the presumption is overcome.
2. Lapse of Use
   A sign permit becomes null and void if the corresponding activity on the premises is discontinued for a continuous period of 90 days or more in accordance with 30-14-13.4.
3. Permit Duration
   If the work authorized by a sign permit has not been completed within 180 days from the date of issuance, the permit is considered null and void.
4. Assignment and Transfer
   A current and valid sign permit is freely assignable to a successor as owner of the property or holder of any applicable business permit for the same premises, subject only to filing such application as the Planning Director may require. The assignment is accomplished by filing and does not require separate approval.

1. Applicability
   A temporary sign permit must be obtained prior to installation or erection of a temporary sign in accordance with 30-14-10. The temporary sign permit may be obtained through the Planning Director.
2. Application Requirements
   In addition to the general requirements in 30-4-26.1, applications for temporary sign permit must include the following:
   1. A map showing the limits of all applicable streets to be closed and all sign locations.
   2. A certificate of fire retardancy and samples of the material must be submitted to the Fire Department for approval.
   3. If a sign is to be attached to or erected from any pole owned by the utility company or attached to any building owned by the property owner, a signed letter of permission from the proper utility company and/or property owner, holding the city harmless.
3. Inspection Required
   Manner of installation and attachment of signs must be approved by both the Engineering and Inspections Director and Fire Inspector based on established safety standards.

1. Applicability
   A pole-mounted banner permit must be obtained prior to installation or erection of a pole-mounted banner in any public street right-of-way (see 30-14-7.3(E)). The pole-mounted banner permit application may be obtained through the Planning Director.
2. Application Requirements
   In addition to the general requirements in 30-4-26.1, the following requirements apply:
   1. Pole-mounted banner applications must be submitted by non-profit, governmental, civic, fraternal, neighborhood, social, and service organizations.
   2. An application fee is not required for banners in the Central Business District.
   3. The application must be accompanied by the following:
      1. Map showing location of banners;
      2. Verification that the banner’s construction is able to withstand the average prevailing winds during the time displayed;
      3. Approval by both the Building Inspector and the Fire Chief; and
      4. Letter of permission from the proper utility company and/or property owner, holding the city harmless, if a banner is being attached to or erected from any pole owned by the utility company.
      5. A certificate of fire retardancy and samples of the material shall be submitted to the Fire Department for approval.
   4. Final approval will be made and a permit issued by the Planning Director.                           

1. Inspection by the appropriate departments to determine compliance with all applicable provisions of this ordinance; and
2. Compliance with all applicable provisions of related health, building, and fire codes.

1. Recreational vehicles meeting requirements of 30-12-2.3(B)4)a);
2. Temporary nonresidential structures meeting requirements of 30-12-2.3(B)7); and
3. Accessory structures less than 150 square feet meeting requirements of 30-12-2.3(B)8).

Persons who wish to undertake uses designated as exempt or allowable shall submit a request for a “no practical alternatives” determination to the City of Greensboro. Submission may be made as part of a Stormwater and/or Watershed Development Plan. The applicant shall certify that the project meets all the following criteria for a determination that there is no practical alternative:

1. The basic project purpose cannot be practically accomplished in a manner that would better minimize disturbance, preserve aquatic life and habitat, and protect water quality;
2. The use cannot practically be reduced in size or density, reconfigured or redesigned to better minimize disturbance, preserve aquatic life and habitat, and protect water quality; and
3. Best management practices shall be used if necessary to minimize disturbance, preserve aquatic life and habitat, and protect water quality.

The applicant shall also submit at least the following information in support of their assertion that there is no practical alternative:

1. The name, address and phone number of the applicant;
2. The nature of the activity to be conducted by the applicant;
3. The location of the activity, including the jurisdiction;
4. A map of sufficient detail to accurately delineate the boundaries of the land to be utilized in carrying out the activity, the location and dimensions of any disturbance in riparian buffers associated with the activity, and the extent of riparian buffers on the land;
5. An explanation of why this plan for the activity cannot be practically accomplished, reduced or reconfigured to better minimize disturbance to the riparian buffer, preserve aquatic life and habitat and protect water quality; and
6. Plans for any best management practices proposed to be used to control the impacts associated with the activity.

Within 60 days of a submittal that includes the information specified in 30-4-26.11(B), the Water Resources Director shall review the entire project and make a finding of fact that the criteria have been met. A finding of no practical alternative shall result in issuance of an authorization approval. Failure to act within 60 days shall be construed as a finding that there is no practical alternative and an authorization approval shall be issued to the applicant unless one of the following occurs:

1. The applicant agrees, in writing, to a longer period;
2. The Water Resources Director determines that the applicant has failed to furnish requested information necessary for the city to make a competent determination, including, but not limited to Technical Review Committee approval;
3. The final decision is to be made pursuant to a public hearing; or
4. The applicant refuses access to its records or premises for the purpose of gathering information necessary for the city to make a competent determination.

The Water Resources Director may attach conditions to the authorization approval that support the purpose, spirit and intent of this ordinance.

Any appeals of determinations regarding authorization approvals shall be referred to the Director of the Division of Water Quality, c/o the 401 Oversight Express Permitting Unit, or its successor. The decision by the Director of Water Quality is subject to review as provided in G.S. 150B Article 3 and 4.