1. A.
   GENERAL

   This Subsection provides clear and comprehensible procedural steps that are generally applicable to development applications under this ordinance as found in Table 3.1: Development Review Procedures, unless otherwise expressly exempted.

2. B.
   APPLICABILITY

   The provisions of this Subsection shall be applicable to all development activity under the jurisdiction of Guilford County as described in Subsec. 1 – General Provisions of this Ordinance.

3. C.
   REQUIRED

   No person shall undertake any development activity subject to this ordinance without first obtaining a permit from the appropriate reviewing authority.

4. D.
   TABLE 3.1: DEVELOPMENT REVIEW PROCEDURES

   Table 3.1 identifies the authorities and procedures for reviewing and deciding permit applications. The table also identifies whether and what type of legislative or evidentiary hearing is required and references the relevant Section of the Ordinance where the procedure may be found.

(File No. 21-01-GCPL-00607, 04/01/2021; File No. 21-08-GCPL-07440, 11/04/2021; File No. 23-06-PLBD-00053, 05/16/2024; File No. 24-08-PLBD-00092, 11/07/2024; File No. 23-09-PLBD-00064, 11/06/2025)

Effective on: 11/6/2025

3.2 PUBLIC NOTICE PROCEDURES

1. A.
   NOTICE REQUIREMENTS

   1. 1.
      The public noticing requirements in this Section are applicable for development applications subject to a hearing (legislative or evidentiary). Applications shall be submitted to the Planning and Development Director and shall be scheduled by the Planning and Development Director for a regular or specially called meeting before the decision-making authority. Public notification of such hearing shall comply with the provisions G.S. Chapter 160D and other enactments of the North Carolina General Assembly, notwithstanding any conflicting provision(s) in this UDO.
   2. 2.
      Table 3.1 - Development Review Procedures, identifies the appropriate notice for specific procedures and corresponds to the level numbering below.
2. B.
   LEVEL 1 – PUBLISHED NOTICE

   1. 1.
      In accordance with legislation specific to Guilford County, Session Law 2017-210 (Senate Bill 181), and County Code §§ 17-1 and 17-2, Guilford County is authorized to use electronic notice for all published legal notices under N.C.G.S. § 1-597 or under any other general law, or under any local act, in-lieu of the notice required for publication under the provisions of G.S. Chapter 160D. Published notice may be in accord with that authorization and/or by traditional print newspaper notice meeting statutory requirements.
3. C.
   LEVEL 2 – MAILED NOTICE

   1. 1.
      For zoning map amendments, in accordance with G.S. § 160D-602, the owner as shown on the County tax listing, applicant (if different than the owner), appealing party (if any), and the owners of all parcels of land abutting that parcel of land as shown on the County tax listing, residing in the County or not, shall be mailed a notice of a legislative hearing on the proposed application or amendment by first class mail at the last addresses listed for such owners on the latest County tax listings. 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. Mailed notice requirements do not apply to zoning text amendments. As an alternative to the mailed notice requirement for zoning map amendments, the County may elect to serve notice through published notice, which may consist of the electronic notice described above, for pending actions that affect at least fifty (50) properties with at least fifty (50) different property owners in accordance with this Section. Notice shall be mailed to non-resident property owners.
   2. 2.

      For other legislative hearings for which mailed notice is required (for example, closure of public roads or easements), the manner of mailed notice shall be as required by the applicable General Statute or Local Act.

   3. 3.
      For evidentiary hearings, in accordance with N.C.G.S. § 160D-406, notice shall be mailed to the person or entity whose appeal, application, or request is the subject of the hearing; to the owner of the property that is the subject of the hearing if the owner did not initiate the hearing; and to the owners of all parcels of land abutting the parcel of land that is the subject of the hearing. In the absence of evidence to the contrary, the County may rely on the County tax listing to determine owners of property entitled to mailed notice of an evidentiary hearing. The notice must 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.

3.  
   4. 4.
      The person(s) mailing such notices shall certify to the Board hearing the matter that fact, and such certificate shall be maintained in the Planning and Development Department.
4. D.
   LEVEL 3 – POSTED NOTICE

   1. 1.
      The Planning and Development Department shall post a sign in a prominent location on or near the subject property which indicates that a development application has been proposed. The sign shall contain a case number, phone number, and link to County website to contact the Planning and Development Department. This sign shall be posted at least ten (10) but not more than twenty-five (25) days prior to the date of the legislative hearing. The same mailed notice requirement is applicable to evidentiary proceedings.
   2. 2.
      If an action occurs on more than one parcel subject to a legislative or evidentiary hearing, at least one sign shall be posted in a central location. If there are multiple frontages, the Planning and Development shall post at least one sign per frontage or a single sign may be posted if visible from each frontage.

(File No. 24-08-PLBD-00092, 11/07/2024; File No. 23-09-PLBD-00064, 11/06/2025) 

Effective on: 11/6/2025

3.3 COMMON REVIEW PROCEDURES

1. A.
   OVERVIEW

   1. 1.
      Decisions on development applications may be administrative, legislative or quasi-judicial (evidentiary). This Section describes the standard administrative and legislative procedural steps and rules generally applicable to development applications reviewed under this Ordinance, except where specified. See Section 3.4 for Quasi-Judicial procedures. The flow charts adjacent to the procedures indicate the steps for the specific application review and decision.
2. B.
   PRE-APPLICATION CONFERENCE REQUIRED

   1. 1.
      A pre-application conference between the applicant and County staff shall be required before submittal of the following applications. The Planning and Development Director or his/her designee shall determine which staff shall be in attendance at the conference based on the application.

      1. a.
         Rezoning
      2. b.
         Text Amendments
      3. c.
         Planned Unit Developments
      4. d.
         Subdivision, Major Preliminary Plats
      5. e.
         Site Plan, Major
      6. f.
         Certificate of Appropriateness, Major
      7. g.
         Special Use Permits
      8. h.
         Variances
   2. 2.
      Discussions at a pre-application conference are not binding on the County and do not constitute submittal for formal review of an application.
3. C.
   APPLICATION SUBMITTAL

   1. 1.
      Unless otherwise specified, all applications shall be submitted by the owner of the property or the authorized agent. The Planning and Development Director may require reasonable proof of agency from any person submitting an application.
   2. 2.
      An application for any permit under this Ordinance shall be made to the Planning and Development Director.
   3. 3.
      Submissions shall be submitted in such form, number of copies and format as required on the application found in the County Planning and Development Department or through its land management system or other digital portal on the County’s website.
   4. 4.
      Waiver of Submission Requirements. The Planning and Development Director may waive submission of required elements of information when in his/her opinion such information is otherwise available or is not necessary to review the application.
   5. 5.
      Processing. All applications for permits shall be submitted, reviewed, processed and decided in accordance with the requirements of this Ordinance.
4. D.
   FEES

   1. 1.
      The Planning and Development Director recommends development fee amounts to the Board of Commissioners, which will establish a Development Fee Schedule, charges and expenses, and a collection procedure which shall be amended from time to time, as necessary.

      1. a.
         The Development Fee Schedule is available in the Planning and Development Department or on the County’s website.
      2. b.
         No application shall be reviewed or approved unless or until charges and fees have been paid in full.
      3. c.
         Fees for applications requiring a legislative hearing or evidentiary hearing shall not be refunded unless the application(s) is/are withdrawn prior to the issuance of a public notice.
   2. 2.
      All new subdivision fees and fee increases shall follow the public comment period of G.S. § 160D-805.

5. E.
   APPLICATION COMPLETENESS

   1. 1.
      Incomplete Applications. Planning and Development Department staff may refuse to process an incomplete application. Staff shall notify the applicant of the submittal deficiencies. The applicant may correct the deficiencies and resubmit the application for a completeness determination. If the applicant fails to resubmit a complete application within forty-five (45) calendar days after being first notified of submittal deficiencies, the application shall be considered withdrawn and applicable fees shall not be refunded.
   2. 2.
      Application Complete. On determining that the application is complete, the Planning and Development Director shall accept the application for review in accordance with the procedures and standards of this Ordinance.
6. F.
   REVIEW AND RECOMMENDATION

   1. 1.
      When an application is determined complete, it shall be distributed by the Planning and Development Director to all appropriate staff and review agencies for review and comment, and the preparation of a staff report, as necessary.
   2. 2.
      In considering the application, County staff (as appropriate), shall review the application, relevant support material, and any comments or recommendations from other staff and review agencies to which the application was referred, if applicable.
   3. 3.
      Concurrent Review

      1. a.
         Review of certain plans may be concurrent.
7. G.
   REVIEW AND DECISIONS

   1. 1.
      If an application is subject to staff review and a decision by the Planning and Development Director, the Director shall approve, conditionally approve, or deny the application, or in the case of a Certificate of Appropriateness application for a Historic District Overlay or Historic Landmark, refer it to the Historic Preservation Commission. Pursuant to G.S. § 160D-104, all conferred development approvals shall run with the land.
   2. 2.
      A copy of required plans or information submitted with the application shall be returned to the applicant. All conditions of approval shall be expressly set forth in the development permit or approval.
   3. 3.
      If deficiencies in complying with applicable standards of this Ordinance are identified, the Planning and Development Director shall notify the applicant of such deficiencies and provide the applicant a reasonable opportunity to discuss them and revise the application accordingly.
8. H.
   IMPROVEMENT PERMIT AND AUTHORIZATION TO CONSTRUCT REQUIRED

   1. 1.
      A permit for any structure or use for which a State or County Health Department Improvement Permit for installation of a well and/or an Improvement Permit/Authorization to Construct a new sewage disposal system is required shall not be issued until such Improvement Permit or Authorization to Construct has been issued by the State or County Health Department.
9. I.
   CONFORMANCE WITH "AIRPORT OVERLAY DISTRICT"

   1. 1.
      The Planning and Development Director shall not issue a building, sign, or use/location permit or Certificate of Occupancy for any building or sign not in conformity with the provisions of the "Airport Zoning Overlay District," except upon written order of the Board of Airport Zoning Appeals.
10. J.
    APPEAL

    1. 1.
       Appeals of decisions may be made by the applicant or any party with standing as outlined in G.S. § 160D-1402, G.S. § 160D-405, G.S. § 160D-406, UDO Section 3.5.C, and in Table 3.1, Development Review Procedures.
11. K.
    REVOCATION OF DEVELOPMENT APPROVALS

    1. 1.
       Pursuant to G.S. § 160D-404(f), the County may revoke development approvals. The revocation procedure will take the same form as the original approval. (see G.S. § 160D- 403[f]).
12. L.
    CONFLICTS OF INTEREST

    1. 1.
       Pursuant to G.S. § 160D-109(c), no administrative staff shall make a final decision on an administrative decision if the outcome of that decision would have a direct, substantial, and readily identifiable financial impact on that staff member or if the applicant or other person subject to that decision is a person with whom the staff member has a close familial, business, or other associational relationship.

(File No. 24-08-PLBD-00092, 11/07/2024; File No. 23-09-PLBD-00064, 11/06/2025) 

Effective on: 11/6/2025

3.4 QUASI-JUDICIAL PROCEDURES

1. A.
   OVERVIEW

   1. 1.
      For development applications subject to quasi-judicial procedures, an evidentiary hearing shall be held by the Board designated in Table 3.1: Development Review Procedures; namely:

      1. a.
         Appeals of Administrative Decisions;
      2. b.
         Major Certificates of Appropriateness;
      3. c.
         Special Use Permits; and
      4. d.
         Variances.
   2. 2.
      The hearing shall be held and in accordance with G.S. § 160D, Subsec. 7.
2. B.
   COMMON QUASI-JUDICIAL PROCEDURES

   1. 1.
      Pre-Application Submittal and Planning & Development Director Review

      1. a.
         General review times for specific permits and procedures shall be listed on the application forms available from the Planning & Development Department or County’s website.
      2. b.
         Applications shall be reviewed during the review cycle in place when the application is determined to be complete.
      3. c.
         When an application is determined to be complete, it shall be distributed by staff to review agencies for review and comment, as appropriate.
3.  
   1.  
      4. d.
         If deficiencies in complying with applicable standards of this Ordinance are identified, the Planning and Development Director shall notify the applicant of such deficiencies and provide the applicant a reasonable opportunity to discuss and revise the application accordingly.
4.  
   1.  
      5. e.
         In the preparation of a staff report, the Planning and Development Director shall transmit all applications, reports and written materials relevant to the matter being considered in accordance with G.S. § 160D-406.
5. E.
   EVIDENTIARY HEARING AND DECISION

   1. 1.
      Rules of Procedure

      1. a.
         In all quasi-judicial hearings, rulings must be based only upon the evidence received by the (Board) at the hearing in accordance with G.S. § 160D(a).
      2. b.
         A member shall not participate in or vote on any quasi-judicial matter in a manner that would violate the applicant’s constitutional right to an impartial decision maker. Impermissible violations of due process include, but are not limited to:

         1. (1)
            A member having a fixed opinion prior to hearing the matter that is not susceptible to change.
         2. (2)
            Undisclosed ex-parte communications.
         3. (3)
            A close familial, business, or other associational relationship with an affected person.
         4. (4)
            A financial interest in the outcome of the matter.
      3. c.
         If an objection is raised to a member’s participation and that member does not recuse himself/herself, the remaining members shall, by majority vote, rule on the objection.
      4. d.
         The Board shall act as a fact-finding body and shall approve or disapprove the application in accordance with the evidence presented before it which is substantial, competent, relevant and material.
   2. 2.
      The presiding officer of the Board shall call the proceedings to order and announce the hearing has begun.
   3. 3.
      All witnesses who are to testify at the hearing shall be sworn in or affirmed.
   4. 4.
      The Planning and Development Director or their designee shall briefly describe the applicant’s request, introduce all relevant County codes, and answer questions from the Board.
   5. 5.
      The applicant or their legal counsel shall present the case in support of the application.
   6. 6.
      Parties in interest, including the County, shall have the right to present evidence and cross-examine witnesses, as to any competent material and relevant facts, inspect documents and make oral arguments.
   7. 7.
      Counsel for the Board may advise the Board as to the applicable law and the findings of fact that must be made to approve or deny the request.
   8. 8.
      The Board shall conduct open deliberation of the application.
   9. 9.
      The Board shall act as a fact-finding body and shall approve or disapprove the application in accordance with the evidence presented.
   10. 10.
       In accordance with G.S. § 160D-406, each Board under the provisions of this Ordinance shall ensure that the rights of petitioners have not been prejudiced because of the Board’s findings, inferences, or conclusions.
   11. 11.
       In accordance with G.S. § 160D-406, in the case of an appeal, the Board may affirm the decision, reverse the decision and remand the case with appropriate instructions to County staff of other advisory/recommending body, or remand the case for further proceedings.
   12. 12.
       Every decision shall include the vote, abstention, or recusal from voting or absence of each member.
   13. 13.
       The decision shall clearly state the factors considered in making the decision and the basis or rationale for the decision including findings of fact and conclusions of law which shall be filed with the Register of Deeds.
   14. 14.
       A written copy of the decision shall be made available to the public in the office of the Planning and Development Department during normal business hours.
   15. 15.
       Failure to Act. Upon failure of the Board to act on a request following an evidentiary hearing, and any properly followed continuance procedures, the application shall be deemed denied.
6. F.
   EXAMINATION

   Members of the Board may ask questions of persons presenting testimony or evidence at any time during the proceedings until commencement of deliberation.

7. G.
   CROSS-EXAMINATION

   After each witness testifies, testimony is subject to cross-examination.

8. H.
   NOTIFICATION OF DECISION

   Timing. The Board shall take action on the application as promptly as reasonably possible in consideration of the public interest. Except where otherwise stated in this Ordinance, the Planning and Development Director shall provide the applicant written notification of a decision or action within ten (10) business days after a final decision on a development application.

9. I.
   APPEAL PROCEDURES

   See Section 3.5.C, Appeals.

Effective on: 1/1/1901

1. A.
    STRUCTURE OF PROCEDURES

   1. 1.
      For each type of development application reviewed under this Ordinance this Section states the purpose of the development permits or approvals, the steps in the review process, the review standards for the application, and the provisions addressing expiration and amendment, if applicable.
   2. 2.
      Development application provisions in this Section are organized in alphabetical order in accordance with the sequence of procedures in Table 3.1: Development Review Procedures.

Effective on: 1/1/1901

2. B.
   ADMINISTRATIVE ADJUSTMENT

   1. 1.
      Overview

      1. a.
         This Section provides an administrative mechanism for allowing adjustments to certain numeric standards (e.g. setbacks) in this Ordinance, outside of the variance process, based on specific review criteria, including the following situations:

         1. (1)
            Physical Hardship: Where the strict compliance with the provisions of this Subsection would cause unusual and unnecessary hardship on the applicant; or
         2. (2)
            Equal or Better Performance: When in staff’s opinion an adjustment will result in equal or better performance, allowing development that otherwise advances the County’s vision and is consistent in character and compatible with the surrounding development; or
         3. (3)
            Unintentional Error: Where through an unintentional error by the applicant, his/her agent, or the reviewing staff, there is a minor violation of a standard in this Ordinance, where such violation is not prejudicial to the value or development potential of the site or adjoining properties.
   2. 2.
      Administrative Adjustment Amount

      An administrative adjustment may allow a deviation from a numeric standard by up to ten percent (10%). In no event shall an administrative adjustment be granted that would permit the creation of a nonconforming lot or that shall conflict with the state building code. All calculations that result in a fraction of a whole number shall be rounded up to the next highest whole number, unless otherwise provided in this Ordinance.

   3. 3.
      Timing of Review

      1. a.
         An administrative adjustment may be requested either as a stand-alone application, or in combination with another application for development review.
      2. b.
         In cases when submitted concurrently with another application, the administrative adjustment portion of the application shall be reviewed and decided prior to the other portion(s) of the application.
   4. 4.
      Administrative Amendments

      1. a.
         Conditional Zoning

         1. (1)
            A request to change the conceptual plan or the conditions governing an approved conditional zoning district shall be processed in accordance with this Ordinance as a new application to rezone property to a conditional zoning district.
         2. (2)
            It is recognized that some minor and incidental modifications to the approved concept plan will occur.
         3. (3)
            The Planning and Development Director shall have the authority to approve an Administrative Adjustment to an approved conditional zoning district conceptual plan, or to the conditions without the requested change having to be approved as a new application in accordance with this Ordinance.

            Such Administrative Amendments shall include only those changes that:

            1. (i.)
               Do not significantly alter the conceptual plan, sketch plan or its conditions;
            2. (ii.)
               Do not significantly impact abutting properties; or
            3. (iii.)
               Do not increase the amount of residential development or the maximum number of allowed residential dwelling units; or
            4. (iv.)
               Do not alter the general traffic circulation pattern; or
            5. (v.)
               Do not change the uses permitted in a Conditional Zoning district.
         4. (4)
            Any request for an administrative amendment shall be in writing, signed by the property owner(s), and it shall detail the requested change. The applicant must provide any additional information requested by the Planning and Development Director. The applicable fee for administrative review as specified in the County’s fee schedule must accompany the written request.
         5. (5)
            Any decision by the Planning and Development Director to approve or deny a request for an Administrative Amendment must be in writing and must state the grounds for approval or denial. The Planning and Development Director always shall have the discretion to decline to exercise the authority delegated by this section if he/she is uncertain if the requested change would qualify as an Administrative Amendment or because the Planning and Development Director determines that a legislative hearing and Planning Board consideration is appropriate under the circumstances. If the Planning and Development Director declines to exercise the authority delegated by this Section, the applicant can only apply for a rezoning in accordance with this Ordinance. 

Effective on: 11/7/2024

3. C.
   APPEALS

   1. 1.
      Applicability

      1. a.
         Any appeal from a legislative or quasi-judicial decision shall be to the Guilford County Superior Court and shall be filed no later than thirty (30) days after the date the Board’s decision is filed. Any appeal from a quasi-judicial decision may be made by an aggrieved party and shall be made to the Superior Court of Guilford County in the nature of certiorari. Any such petition shall be filed with the Clerk of the Superior Court within thirty (30) days after the decision of the decision-making body is filed with the County Clerk, or after a written copy thereof is delivered to every aggrieved party who has filed a written request for such copy with the secretary or chairman of the Board at the time of its hearing of the case, whichever is later. The decision of the Board may be delivered to the aggrieved party either by personal service or by registered or certified mail with return receipt requested.
      2. b.
         The decision-making body for an appeal may be found in Table 3.1
   2. 2.
      Appeals Generally

      1. a.
         Decision of Planning and Development Director

         1. (1)
            Appeals of the decisions of the Planning and Development Director shall be heard by the board of adjustment, unless there is a judicial challenge. In the event of the latter, the aggrieved party may file a petition with the Guilford County Superior Court no later than thirty (30) days after the date of the Board’s decision is filed.

3.  
   2.  
      1.  
         2. (2)
            Such an appeal shall be made within thirty (30) days of the receipt by such aggrieved party of the written notice of decision from the Planning and Development Director, or in the case of an office, department or board of the County, within thirty (30) days of the filing of the written notice.
         3. (3)
            The filing of an appeal shall stay all proceedings in furtherance of the contested action unless the Planning and Development Director certifies that, in his/her opinion, by reason of facts stated in the certification, such a stay would cause imminent peril to life and property. In such a case, proceedings shall not be stayed except by restraining order or preliminary injunction granted by the Superior Court of Guilford County.
         4. (4)
            Such relevant information as may reasonably allow the board of adjustment to understand the basis for the applicant’s appeal. The Planning and Development Director shall similarly prepare a report detailing the regulations and interpretation behind the matter being appealed and their reason for their decision.
         5. (5)
            Upon receiving the application, the board of adjustment shall conduct an evidentiary hearing on the appeal. The official who made the decision (or his or her successor) must appear as a witness. In addition, any party may appear in person or be represented by an authorized agent at the hearing.
         6. (6)
            After conducting the evidentiary hearing, the board of adjustment shall adopt an order reversing or affirming, wholly or in part, or modifying the order requirements, decision or determination in question. It shall take a 4/5ths vote of the board of adjustment to reverse or modify the contested action.
         7. (7)
            The board of adjustment, in making its ruling, shall have all the powers of the Administrator from whom the appeal is taken, and may issue or direct the issuance of a permit.
         8. (8)
            The decision of the board of adjustment must be in writing and permanently filed in the minutes of that reviewing body as a public record. All findings of fact and conclusions of law must be separately stated in final decisions or orders of the Board of Adjustment, which must be delivered to parties of interest by certified mail.
      2. b.
         Decision of Planning Board

         1. (1)
            Applicants whose Special Use Permit has been denied by the Planning Board see Section 3.5.C Appeals, subsection 1.a Applicability for quasi-judicial decisions.
         2. (2)
            Road naming/renamings may be appealed to the Board of Commissioners within ten (10) days of the Planning Board's decision (SL1979-283 HB686).
         3. (3)
            Rezonings may be appealed to the Board of Commissioners within fifteen (15) days of the Planning Board's decision (SL1985-485 HB651).
         4. (4)
            Road closings and easement closings may be appealed to the Board of Commissioners within thirty (30) days after the decision to close (SL1979-282 HB685 & 1981-59 HB139). The Board of Commissioners shall hear the matter de novo (anew).

3.  
   2.  
      3. c.
         Decision of the Historic Preservation Commission

         1. (1)
            An appeal may be taken to the Board of Adjustment from the Historic Preservation Commission's action in granting or denying any Certificate of Appropriateness [N.C. General Statute 160D-947(e)].​
      4. d.
         Flood Hazard Appeals

         1. (1)
            See Subsec. 9 – Environmental Regulations
      5. e.
         Site Plan, Major

         1. (1)
            Action by Planning Board. If a Major Site Plan is appealed to the Board of Adjustment, it shall be scheduled, subject to filing deadlines, to be reviewed at the next available regularly scheduled meeting.
      6. f.
         Site Plan, Minor

         1. (1)
            Action by the Planning and Development Director. If a Minor Site Plan is appealed to the Board of Adjustment, it shall be scheduled, subject to filing deadlines, to be reviewed at the next available regularly scheduled meeting.
      7. g.
         Soil Erosion and Sedimentation Appeals

         1. (1)
            See Subsec. 9 – Environmental Regulations
      8. h.
         Subdivision, Major Preliminary Plat

         1. (1)
            If a Preliminary Plat is appealed to the Board of Adjustment it shall be reviewed at the next available regularly scheduled meeting.
         2. (2)
            If the plat is denied by the Director of Planning and Development, the applicant may appeal the plat to the Board of Adjustment.
      9. i.
         Subdivision, Minor Preliminary Plat

         1. (1)
            If a Preliminary Plat is appealed to the Board of Adjustment it shall be reviewed at the next available regularly scheduled meeting.
         2. (2)
            If the plat is denied by the Director of Planning and Development, the applicant may appeal the plat to the Board of Adjustment.
      10. j.
          Subdivision, Exempt Plat

          1. (1)
             If an Exempt Plat is appealed to the Board of Adjustment, it shall be reviewed at the next available regularly scheduled meeting.
          2. (2)
             If the plat is denied by the Director of Planning and Development, the applicant may appeal the plat to the Board of Adjustment. 

Effective on: 11/6/2025

4. D.
   CERTIFICATE OF APPROPRIATENESS

   1. 1.
      Applicability

      1. a.
         A Certificate of Appropriateness (COA) shall be required for all Major and Minor work activities within Historic District Overlays established per Section 4.9 and within the boundaries of any local Historic Landmark property designated per Sections 3.5.K and 3.5.L. A Certificate of Appropriateness is required whether a building permit is otherwise required. Any building permit or other permit issued not in conformity with this Section shall be invalid (See Certificate of Appropriateness Process Flow-chart at the end of this section).
      2. b.
         Work activities requiring a COA include new construction, relocation, demolition, and changes to features including architectural style, general design, general arrangement, kind and texture of material, size and scale, and type and style of all windows, doors, architectural details, light fixtures, signs, appurtenances, landscaping, archaeological resources or site characteristics.

4.  
   2. 2.
      Pre-Application Conference for COA

      1. a.
         A pre-application conference with Planning and Development Staff is recommended in order to assure that the COA application is sufficiently complete to be placed on the next available HPC agenda.
   3. 3.
      Application Submittal

      1. a.
         Application for a Certificate of Appropriateness (COA) shall be made to the Planning and Development Department on forms provided. At that time, staff will determine whether the COA application is for a minor or major work. The application must be filed no later than thirty (30) days prior to the next regularly scheduled meeting of the Historic Preservation Commission. Each application shall be accompanied by drawings, photographs, specifications, descriptions, and/or other information of sufficient detail to clearly show the proposed alterations, additions, relocation, and/or new construction.
      2. b.
         Guilford County and all public utilities, except as provided under this Section, are required to obtain a COA prior to initiating any alterations within the Historic District Overlay or local Historic Landmark boundaries including, but not limited to, changes to street paving, street widths, utility installations or removals, lighting, street trees, walls, fences, sidewalks, signage (other than required regulatory signage), or structures on property/streets in which they have a fee or other interest.
      3. c.
         A COA shall be required for any changes to buildings, structures, sites, areas, or objects within Historic Overlay District or local Historic Landmark boundaries which are owned by the State of North Carolina or any of its agencies and instrumentalities, subject to the regulations of this Ordinance and in accordance with North Carolina General Statute 160D-947.
   4. 4.
      Review Standards

      1. a.
         The HPC must adopt review standards for each historic district overlay. The HPC also shall apply the Secretary of Interior’s Standards for Rehabilitation. (see 36 Code of Federal Regulations section 67.7.)
      2. b.
         The review standards shall take into account the historic, architectural, and visual elements of the district and consider the following factors:

         1. (1)
            Historic Significance or Quality

            The significance or quality in history, architecture, archeology, or culture present in districts, sites, structures, buildings, or objects;

            1. i.
               that are associated with events that have made a significant contribution to the broad patterns of local, state, or national history; or that are associated with the lives of persons significant in the past; or
            2. ii.
               that embody the distinctive characteristics of a type, period, or method of construction; or
            3. iii.
               that represent the work of a master or that possess high artistic values; or
            4. iv.
               that represent a significant and distinguishable entity whose components may lack individual distinction; or that have yielded, or may be likely to yield, information important in prehistory or local, state, or national history.
         2. (2)
            Exterior Form and Appearance

            In considering exterior form and appearance, the Historic Preservation Commission shall consider the following elements and any others deemed necessary by the Historic Preservation Commission to ensure that any work or changes are consistent with the historic or visual character of the district:

            1. i.
               Architectural features;
            2. ii.
               Height of the building or structure;
            3. iii.
               Setback and placement on lot of the building or structure, including lot coverage and orientation;
            4. iv.
               Exterior construction materials, including textures, patterns;
            5. v.
               Architectural detailing, such as lintels, cornices, brick bond, foundation materials, and decorative wooden features;
            6. vi.
               Roof shapers, forms, and materials;
            7. vii.
               Proportions, shapes, positionings and locations, patterns, and sizes of any elements of windows and doors;
            8. viii.
               General form and proportions of buildings and structures;
            9. ix.
               Appurtenant fixtures and other features such as lighting;
            10. x.
                Use of local or regional architectural traditions; and
            11. xi.
                Effect of adding or removing trees and other landscape elements.
   5. 5.
      Staff Review and Issuance of COAs for Minor Work

      1. a.
         The Planning and Development Director may review and approve Certificate of Appropriateness (COA) applications for minor work provided that no application may be denied without formal action by the Historic Preservation Commission (HPC).
      2. b.
         The Planning and Development Director shall transmit any application for a COA that is not eligible for staff approval, together with the supporting information and material to the HPC for consideration.
   6. 6.
      HPC Review, Decision, and Issuance of COAs for Major Work

      1. a.
         The Historic Preservation Commission (HPC) shall act upon applications for a Certificate of Appropriateness (COA) for major work within ninety (90) days after the filing thereof, otherwise failure to act upon the application shall be deemed to constitute approval and a COA shall be issued. Nothing herein shall prohibit an extension of time when there is mutual agreement between the HPC and the applicant.
      2. b.
         Prior to issuance or denial of a COA for major work, the HPC shall give the applicant and members of the public an opportunity to be heard at an evidentiary hearing concerning the COA application, and as deemed necessary, seek the advice of the North Carolina Department of Cultural Resources, or other expert advice.
      3. c.
         The Planning and Development Director shall make a reasonable attempt to identify and notify the owners of surrounding property likely to be affected by the application for a COA for major work according to Section 3.2 Public Notice Procedures. Such notices are for the convenience of property owners and occupants and no defect or omission therein shall impair the validity of issuing a COA or of any subsequent action.
      4. d.
         The HPC shall not refuse to issue a COA except for the purpose of preventing the construction, reconstruction, repair, alteration, or relocation/removal of buildings; structures; appurtenant features; or signs within the boundaries of or a Historic District Overlay or local Historic Landmark which would be incompatible with the Secretary of Interior’s Standards and any review standards adopted with the designating Ordinance.
      5. e.
         If the HPC denies a COA, a new COA application for the same property may be submitted, provided a substantial change is proposed to the previously submitted plans.
      6. f.
         A COA shall be valid for three hundred and sixty-five (365) calendar days from date of approval. If the authorized work has not commenced within that period or has been discontinued for more than three hundred and sixty-five (365) calendar days from the date of approval, the COA shall immediately expire and the applicant shall be required to reapply.
      7. g.
         Any development activity within the Historic District Overlay or local Historic Landmark boundaries not in compliance with the provisions of this section shall be a violation of this Ordinance and subject to remedies found in Subsec. 10 – Enforcement.
   7. 7.
      Review Criteria

      1. a.
         In granting a Certificate of Appropriateness (COA), the Historic Preservation Commission (HPC) shall take into account the historic or architectural significance of the property under consideration and the exterior form and appearance of any proposed additions or modifications to a structure as outlined in Section 4.9.
      2. b.
         When considering the application, the HPC shall apply the review standards required by Section 3.5.K and 3.5.L and shall, in approving, approving with conditions, disapproving, or deferring an application, make findings of fact, indicating the extent to which the application is or is not in compliance with review criteria, and shall cause these findings of facts to be entered into the minutes of its meetings. The minutes shall also contain a summary of any citation to evidence, testimony, studies, or other authority upon which the HPC based its decision.
      3. c.
         The HPC shall not consider interior arrangement for a property within a Historic District Overlay unless it is designated as a local Historic Landmark. For local Historic Landmarks, a COA shall be required for specific interior features of architectural, artistic, or historic significance for which consent to review has been given in writing by the owner. Such consent shall be filed in the County name Register of Deeds and indexed according to the name of the property owner in the grantee and grantor indexes and shall bind future owners and/or successors in title. The Ordinance establishing Historic Landmark designation of the property shall specify the interior features subject to review and the specific nature of the HPC’s jurisdiction over those features.
   8. 8.
      Certain Changes not Prohibited

      1. a.
         Nothing in this Ordinance shall be construed to prevent:

         1. (1)
            the ordinary maintenance or repair of any exterior feature of a historic landmark or property located within a Historic District, provided such maintenance or repair does not involve a change in design, material, or appearance thereof;
         2. (2)
            the construction, alteration, relocation, or demolition of any such feature, building, or structure when the building inspector or similar official certifies to the Commission that such action is necessary to the public health or safety because of an unsafe or dangerous condition;
         3. (3)
            a property owner from making of his property any use not otherwise prohibited by statute, ordinance, or regulation; or
         4. (4)
            the maintenance of, or, in the event of an emergency, the immediate restoration of any existing above ground utility structure without approval by the Commission.
   9. 9.
      Appeals

      See Section 3.5.C.

      An appeal of a final action by the Historic Preservation Commission (HPC) may be made to the Board of Adjustment. Written notice of intent to appeal must be sent to the HPC, postmarked within twenty (20) calendar days following the HPC’s decision. Appeals must be filed with the Board of Adjustment within sixty (60) calendar days following the HPC’s decision and shall be in the nature of certiorari. A decision by the Board of Adjustment may be appealed to the Superior Court of Guilford County. 

   10. 10.
       Certificate of Appropriateness Process Flowchart

 ​​​

Effective on: 1/1/1901

5. E.
   CERTIFICATE OF EROSION CONTROL PERFORMANCE

   1. 1.
      Procedure (See Subsec. 9 – Environmental Regulations)

      1. a.
         Certificate Issuance

         1. (1)
            A certificate of erosion control performance is issued after inspection and certification of properly installed and functioning sedimentation control devices.
         2. (2)
            Erosion control performance certificates are issued by staff.

Effective on: 1/1/1901

6. F.
   CERTIFICATE OF FLOOR ELEVATION/FLOODPROOFING

   1. 1.
      Purpose and Intent

      1. a.
         This section sets out the procedures for the issuance of a Certificate of Floor Elevation/Floodproofing in Guilford County.
      2. b.
         See Subsec. 9 – Environmental Regulations for additional requirements.
   2. 2.
      Certificate of Floor Elevation/Floodproofing Applicability and Procedure

      1. a.
         An Elevation Certificate (FEMA Form 086-0-33) is required prior to the actual start of any new construction. It shall be the duty of the permit holder to submit to the Floodplain Administrator a Certification of Elevation of the reference level, in relation to mean sea level. The Floodplain Administrator shall review the certificate data submitted. Deficiencies detected by such review shall be corrected by the permit holder prior to the beginning of construction. Failure to submit the certification or failure to make required corrections shall be cause to deny a Floodplain Development Permit.
      2. b.
         An Elevation Certificate (FEMA Form 086-0-33) is required after the reference level is established. Within seven (7) calendar days of establishment of the reference level elevation, it shall be the duty of the permit holder to submit to the Floodplain Administrator a certification of the elevation of the reference level, in relation to mean sea level. Any work done within the seven (7) day calendar period and prior to submission of the certification shall be at the permit holder's risk. The Floodplain Administrator shall review the certificate data submitted. Deficiencies detected by such review shall be corrected by the permit holder immediately and prior to further work being permitted to proceed. Failure to submit the certification or failure to make required corrections shall because to issue a stop-work order for the project.
      3. c.
         A final as-built Elevation Certificate (FEMA Form 086-0-33) is required after construction is completed and prior to Certificate of Compliance/Occupancy issuance. It shall be the duty of the permit holder to submit to the Floodplain Administrator a certification of final as-built construction of the elevation of the reference level and all attendant utilities. The Floodplain Administrator shall review the certificate data submitted. Deficiencies detected by such review shall be corrected by the permit holder immediately and prior to Certificate of Compliance/Occupancy issuance. In some instances, another certification may be required to certify corrected as-built construction. Failure to submit the certification or failure to make required corrections shall be cause to withhold the issuance of a Certificate of Compliance/Occupancy.
   3. 3.
      Floodproofing Certificate

      1. a.
         If non-residential floodproofing is used to meet the regulatory flood protection elevation requirements, a Floodproofing Certificate (FEMA Form 086-0-34), with supporting data and an operational plan, is required prior to the actual start of any new construction.
      2. b.
         It shall be the duty of the permit holder to submit to the Floodplain Administrator a certification of the floodproofed design elevation of the reference level and all attendant utilities, in relation to mean sea level.
      3. c.
         Floodproofing certification shall be prepared by or under the direct supervision of a professional engineer or architect and certified by same.
      4. d.
         The Floodplain Administrator shall review the certificate data and plan. Deficiencies detected by such review shall be corrected by the applicant prior to permit approval. Failure to submit the certification or failure to make required corrections shall be cause to deny a Floodplain Development Permit. Failure to construct in accordance with the certified design shall be cause to withhold the issuance of a Certificate of Compliance/Occupancy.
      5. e.
         If a manufactured home is placed within Zone A, AE, AH, AO or A99 and the elevation of the chassis is more than 36 inches in height above grade, an engineered foundation certification is required per Subsec. 9 – Environmental Regulations.
      6. f.
         If a watercourse is to be altered or relocated, a description of the extent of watercourse alteration or relocation; a professional engineer's certified report on the effects of the proposed project on the flood-carrying capacity of the watercourse and the effects to properties located both upstream and downstream; and a map showing the location of the proposed watercourse alteration or relocation shall all be submitted by the permit applicant prior to issuance of a Floodplain Development Permit.
   4. 4.
      Certification Exemptions

      1. a.
         The following structures, if located within Zone A, AE, AH, AO or A99, are exempt from the elevation/floodproofing certification requirements specified in items (A) and (B) of this subsection:

         1. (1)
            Recreational Vehicles meeting requirements of Subsec. 9 – Environmental Regulations.
         2. (2)
            Temporary Structures meeting requirements of Subsec. 9 – Environmental Regulations.
         3. (3)
            Accessory Structures less than 150 square feet meeting requirements of Subsec. 9 – Environmental Regulations.

Effective on: 1/1/1901

7. G.
   CERTIFICATE OF OCCUPANCY/COMPLIANCE

   1. 1.
      Applicability

      1. a.
         No land or structure shall be structurally altered, erected, moved, occupied, or its use changed until a Certificate of Occupancy (CO) or Certificate of Compliance (COC) is issued. This certificate shall state that the building and/or proposed use complies with the approved plans and the provisions of this Ordinance.
      2. b.
         Bonafide Farm purposes (per G.S. §160D-903) (Subsec. 12 - Definitions) and Farm Buildings (per G.S. § 143-138), except residences, are exempt from the provisions of this Ordinance.

7.  
   1.  
      3. c.
         A Certificate of Occupancy shall be required for the purpose of renewing or altering a nonconforming use.
   2. 2.
      Certificate of Occupancy Application Submittal

      1. a.
         A Certificate of Occupancy shall be applied for concurrently with the application for a building, sign, use or location permit.
      2. b.
         A Certificate of Occupancy shall be provided once all requirements of the permit are satisfied,
   3. 3.
      Procedures

      1. a.
         Inspection and Certificate Issuance

         1. (1)
            Certificate of Occupancy shall be issued as soon as practical after completion of construction or alterations of such building or sign after:

            1. (a)
               Inspection by the Planning and Development Director or other County staff authorized by North Carolina General Statutes and the Planning Director to determine compliance with all applicable provisions of this Ordinance.
            2. (b)
               If required, issuance of an Operations Permit for a septic system, Certificate of Completion for a well, or other approved sanitary disposal method by the County or State Health Department.
            3. (c)
               Issuance of a Certificate of Completion for Wells by the County Health Department.
            4. (d)
               Compliance with all applicable provisions of related health, building, and fire codes.
   4. 4.
      Certificate of Occupancy and Compliance

      1. a.
         A Certificate of Occupancy or a Certificate of Compliance, as applicable, under the building code, shall be known as a Certificate of Occupancy and Certificate of Compliance.
   5. 5.
      Temporary Certificate of Occupancy

      1. a.
         This certificate temporarily authorizes operations at a building or construction site until the building or construction site receives its Certificate of Occupancy and/or Certificate of Compliance with the provisions of this Ordinance.

         1. (1)
            A Temporary Certificate of Occupancy may be issued by the Planning and Development Director, as authorized by other County staff in accordance with North Carolina General Statutes, prior to the completion of all construction, alterations, or changes if such occupancy will not violate any health or safety considerations of applicable codes.
         2. (2)
            A Temporary Certificate of Occupancy may be for a time period as the Planning and Development Director and/or other authorized staff deems appropriate to complete the work, but not to exceed one hundred eighty (180) days.
         3. (3)
            A surety may be posted in an amount sufficient to ensure that the missing elements specified in the plan will be accomplished within the period of the Temporary Certificate of Occupancy.
         4. (4)
            If the work is not completed within the period of the Temporary Certificate of Occupancy, the Planning and Development Director or other authorized staff, per North Carolina General Statutes, shall notify the owner. The owner shall cease use of the building and land immediately and shall not resume such use until a Certificate of Occupancy has been issued. Failure to cease use shall subject the owner or operator to civil penalties and other enforcement actions available under this Ordinance and Compliance with all applicable provisions of related health, building, and fire codes.
   6. 6.
      Certificate of Operation

      1. a.
         If required, an Operations Permit for a septic system, or other approved sanitary disposal method, must be issued by the County or State Health Department prior to temporary occupancy.

Effective on: 1/1/1901

8. H.
   TEMPORARY EVENT/USE PERMIT

   1. 1.
      Applicability

      1. a.
         A Temporary Event/Use Permit shall be obtained for temporary uses and nonpermanent facilities and activities which will have a duration more than three (3) days but not more than thirty (30) days. Examples of this type of event uses are: a carnival, a turkey shoot, a revival or similar activity conducted on a defined, short-term basis.

         1. (1)
            Turkey shoots may have a duration not to exceed ninety (90) days.
      2. b.
         The permit assists in the coordination of health, traffic, parking and other code specific inspections necessary for a safe and healthful operation.
      3. c.
         Events involving the use of tents which would be regulated by fire and/or building code will be subject to the applicable permitting process as required by NC Code Standards.
      4. d.
         Events involving the use of a stage which would be regulated by building and/or fire code will be subject to the applicable permitting process as required by NC Code Standards.
   2. 2.
      Temporary Event/Use Permit Procedures

      1. a.
         Pre-Application Conference

         1. (1)
            Optional
      2. b.
         Application Submittal

         1. (1)
            An Application for a Temporary Event/Use Permit shall be filed by the owner of the property or authorized agent with the Guilford County Planning and Development Department.
         2. (2)
            The application for a Temporary Event/Use Permit shall contain the information required on the application form.
         3. (3)
            Application for a Temporary Event permit shall be made to the Planning and Development Director at least ten (10) working days prior to the start of the event.
      3. c.
         Review and Decision

         1. (1)
            Temporary Event/Use Permit procedures are reviewed administratively per Section 3.3.
   3. 3.
      Permit Issuance

      1. a.
         The Temporary Event/Use Permit shall not be issued until evidence is shown that the following conditions have been or will be complied with:

         1. (1)
            Ample off-street parking shall be provided for the event, in addition to required parking for the use or uses located at the event site.
         2. (2)
            The owner of the property where the event is to be held, or his/her agent, shall provide to the Planning and Development Director written authorization that the event may take place on the property.
         3. (3)
            An event held outside of a building and within five hundred (500) feet of any residence shall cease operation by 10:00 p.m.
         4. (4)
            Noise shall be controlled so that no adjoining property owner or occupant is unduly disturbed by the event.
         5. (5)
            Licenses and/or permits required by other agencies shall be obtained prior to the issuance of the Temporary Event/Use Permit.
   4. 4.
      Maximum Number of Permits

      1. a.
         No more than three (3) Temporary Event/Use Permits may be issued on the same property for the same event in any one (1) calendar year.

Effective on: 1/1/1901

9. I.
   FLOODPLAIN DEVELOPMENT PERMIT

   1. 1.
      Floodplain Development Permit Procedure

      1. a.
         Floodplain Development Permits are reviewed and approved by the Floodplain Administrator. Refer to Section 3.3 for Common Review Procedures.
      2. b.
         See Subsec. 9 – Environmental Regulations for additional standards or requirements.
   2. 2.
      Application Requirements

      1. a.
         Application for a Floodplain Development Permit shall be made to the Floodplain Administrator prior to any development activities located within Special Flood Hazard Areas. The following items shall be presented to the Floodplain Administrator to apply for a Floodplain Development Permit:

         1. (1)
            A plot plan drawn to scale which shall include, but shall not be limited to, the following specific details of the proposed floodplain development:

            1. (a)
               The nature, location, dimensions, and elevations of the area of development/disturbance; existing and proposed structures, utility systems, grading/pavement areas, fill materials, storage areas, drainage facilities, and other development;
            2. (b)
               The boundary of the special flood hazard area as delineated on the FIRM or other flood map as determined in this section, or a statement that the entire lot is within the Special Flood Hazard Area;
            3. (c)
               Flood zone(s) designation of the proposed development area as determined on the FIRM or other flood map;
            4. (d)
               The boundary of the floodway(s) or non-encroachment area(s);
            5. (e)
               The Base Flood Elevation (BFE) where provided;
            6. (f)
               The old and new location of any watercourse that will be altered or relocated as a result of proposed development;
            7. (g)
               Certification of the plot plan by a registered land surveyor or professional engineer.
         2. (2)
            Proposed elevation, and method thereof, of all development within a Special Flood Hazard Area including but not limited to:

            1. (a)
               Elevation in relation to mean sea level of the proposed reference level (including basement) of all structures;
            2. (b)
               Elevation in relation to mean sea level to which any non-residential structure in Zone AE or A will be flood-proofed; and
            3. (c)
               Elevation in relation to mean sea level to which any proposed utility systems will be elevated or floodproofed;
         3. (3)
            If floodproofing, a Floodproofing Certificate (FEMA Form 086-0-34) with supporting data and an operational plan that includes, but is not limited to, installation, exercise, and maintenance of floodproofing measures.
         4. (4)
            A Foundation Plan, drawn to scale, which shall include details of the proposed foundation system to ensure all provisions of this Ordinance are met. These details include but are not limited to:

            1. (a)
               The proposed method of elevation, if applicable (i.e., fill, solid foundation perimeter wall, solid backfilled foundation, open foundation on columns/posts/piers/piles/shear walls);
            2. (b)
               Openings to facilitate equalization of hydrostatic flood forces on walls in accordance with this Ordinance when solid foundation perimeter walls are used in Zones A, AE, AH, AO, and A99;
         5. (5)
            Usage details of any enclosed areas below the regulatory flood protection elevation.
         6. (6)
            Plans and/or details for the protection of public utilities and facilities such as sewer, gas, electrical, and water systems to be located and constructed to minimize flood damage;
         7. (7)
            Copies of all other Local, State and Federal permits required prior to Floodplain Development Permit issuance (Wetlands, Endangered Species, Erosion and Sedimentation Control, Riparian Buffers, Mining, etc.)
         8. (8)
            Documentation for placement of Recreational Vehicles and/or Temporary Structures, when applicable, to ensure the applicable sections of this Ordinance are met.
         9. (9)
            A description of proposed watercourse alteration or relocation, when applicable, including an engineering report on the effects of the proposed project on the flood- carrying capacity of the watercourse and the effects to properties located both upstream and downstream; and a map (if not shown on plot plan) showing the location of the proposed watercourse alteration or relocation.
      2. b.
         Permit Requirements

         1. (1)
            The Floodplain Development Permit shall include, but not be limited to:

            1. (a)
               A description of the development to be permitted under the Floodplain Development Permit.
            2. (b)
               The Special Flood Hazard Area determination for the proposed development per available data.
            3. (c)
               The regulatory flood protection elevation required for the reference level and all attendant utilities.
            4. (d)
               The regulatory flood protection elevation required for the protection of all public utilities.
            5. (e)
               All certification submittal requirements with timelines.
            6. (f)
               A statement that no fill material or other development shall encroach into the floodway or non-encroachment area of any watercourse, as applicable.
            7. (g)
               The flood openings requirements, if in Zones A, AE, AH, AO, or A99. 
            8. (h)
               Limitations of below BFE enclosure uses (if applicable) (i.e., Parking, Building Access and Limited Storage only).

Effective on: 1/1/1901

10. J.
    GRADING PERMIT

    1. 1.
       Grading Permit Procedure

       1. a.
          Grading permits are reviewed and approved by the Planning and Development Director. Refer to Section 3.3 for Common Review Procedures.
       2. b.
          See Subsec. 9 - Environmental Regulations for additional standards or requirements.
    2. 2.
       Exemptions

       1. a.
          The following land-disturbing activities are exempt from grading permit requirements:

          1. (1)
             For the purpose of fighting fires.
          2. (2)
             For the stock piling 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. (3)
             Areas that do not exceed one (1) acre in surface area. In determining the area, lands under one (1) or diverse ownership being developed as a unit shall be aggregated.
          4. (4)
             Those 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.
          5. (5)
             Those 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 Environment, Health and Natural Resources (DEHNR). 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 on this Ordinance shall apply to such activity and any related land-disturbing activity on the tract.
          6. (6)
             Mining activity undertaken by persons as defined in G.S. § 113A-52(8) who are otherwise regulated by the provisions of The Mining Act of 1971, G.S. § 74-46 through 74-68.
          7. (7)
             Land-disturbing activity over which the State has exclusive regulatory jurisdiction as provided in G.S. § 113A-56(a).
    3. 3.
       Expiration

       1. a.
          Expiration. A Grading Permit shall be valid for one (1) year unless it is revoked by the Planning and Development Director or the grading project is completed, and a Certificate of Compliance is issued by the Planning and Development Director within the one-year period.
    4. 4.
       Renewal

       1. a.
          The Grading Permit may be reissued for an additional one hundred eighty (180) day period, if adequately justified, by making a written request to the Planning and Development Director. No permit fee will be required for reissuance of a Grading Permit; however, the applicable surety shall remain in effect and updated, if necessary.
       2. b.
          Eighteen-Month Limit. If grading or protection of the site is not completed within eighteen (18) months, the person conducting the land-disturbing activity shall be required to obtain a new grading permit by following the same procedures whereby the original permit was issued.
    5. 5.
       Posting

       1. a.
          The Grading Permit must be posted in a prominent place on the side of the land disturbing activity at all times it is in effect.

Effective on: 1/1/1901

11. K.
    HISTORIC DISTRICT ZONING OVERLAY ESTABLISHMENT

    1. 1.
       Adoption of Ordinance Establishing

       The Board of County Commissioners may adopt and, from time to time, amend or repeal an ordinance establishing a Historic District Overlay. The ordinance shall include information which shall describe the physical area proposed for designation; its boundaries; and general historic, architectural, archaeological, and/or cultural significance. The district designation process may be initiated by either the Historic Preservation Commission or at the request of any number of property owners. No ordinance to establish an overlay district shall be adopted or amended until all of the requirements of this Ordinance and its subsections have been satisfied. See Section 4.9 for detailed procedures and requirements for Historic District Overlay establishment.

Effective on: 1/1/1901

12. L.
    HISTORIC LANDMARKS DESIGNATION

    1. 1.
       Adoption of ordinance of designation

       1. a.
          The local governing body may adopt, amend or repeal an ordinance designating any Historic Landmark property. The ordinance shall contain information on any designated property which includes:

          1. (1)
             the name(s) of the owner(s) and the street address if applicable;
          2. (2)
             a description of the physical configuration and orientation of any historic resources within the Historic Landmark designation boundaries;
          3. (3)
             a description of those elements which are integral to the property’s historic, architectural, archaeological, and/or cultural significance;
          4. (4)
             review guidelines which the Historic Preservation Commission shall prepare and adopt not inconsistent with G.S. § 160D-949 for constructing, altering, restoring, rehabilitating, repairing, relocating, removing, or demolishing of property designated as historic. The review guidelines shall ensure, insofar as possible, that any of the above- listed activities on Historic Landmark properties shall be in harmony with the reasons for designation; and any other information deemed necessary, within the authority of this Ordinance and the General statutes, as determined by the local governing body.
       2. b.
          The Historic Landmark designation process may be initiated by either the Historic Preservation Commission or at the request of a property owner. No ordinance to designate any building, structure, object, site or area shall be adopted or amended until all the requirements of this Ordinance and its subsections have been satisfied.
    2. 2.
       Criteria for Designation

       To be designated as a historic landmark, a property, building, site, area, or object shall be found by the HPC to possess special significance in terms of its history, prehistory, architecture, archaeology, and/or cultural importance, and to retain the integrity of its design, setting, workmanship, materials, feeling, and/or association.

    3. 3.
       Procedure for Designation

       1. a.
          The Historic Preservation Commission (HPC) shall make, or cause to be made, an investigation/designation report including:

          1. (1)
             the name of the property to be designated, including both common and historic names if they can be determined;
          2. (2)
             the name(s) and address(es) of the current owner(s);
          3. (3)
             the location of the property for which designation is proposed, including the street address and Guilford County tax map parcel number or parcel identification;
          4. (4)
             the dates of original construction and of all later additions or alterations, if applicable;
          5. (5)
             an assessment of the significance of the building or site as prescribed by this Ordinance;
          6. (6)
             an architectural or archaeological description of the area of the site or structure, including descriptions of all outbuildings and appurtenant features, for which designation is proposed;
          7. (7)
             a narrative of the history of the site and/or structure within the context of its type, period, and locality;
          8. (8)
             photographs including at least one sufficient to show the overall disposition of the property; at least one photograph of each façade or elevation; photographs sufficient to illustrate architectural details, ornamentation, scale and proportion; and photographs sufficient to indicate the relationship of buildings, structures, objects, sites or areas to each other;
          9. (9)
             a map showing the location of the property, including all outbuildings and appurtenant features situated upon it; and
          10. (10)
              any review standards specific to the property other than the National Park Service’s Secretary of Interior Standards.
       2. b.
          Pursuant to G.S. § 160D-946 as amended, the designation report shall be submitted to the North Carolina Department of Cultural Resources (NCDCR), Division of Archives and History, or its successor agency, which, acting through the State Historic Preservation Officer, shall review it and provide written comments and recommendations to the Board of Commissioners regarding the substance and effect of the proposed designation. Failure of the NCDCR to respond within thirty (30) days following its receipt of the report shall constitute approval of the report by the NCDCR and relieve the Board of Commissioners of all responsibility to consider the NCDCR’s comments or recommendations concerning the report.
       3. c.
          The HPC shall consider the report and any comments or recommendations from the State Historic Preservation Officer, and shall accept it, amend it, reject it, or postpone a decision until completion of a period of further study, not to exceed sixty (60) days. The HPC shall forward to the local governing body a copy of the report, copies of written comments received from the NCDCR, and a recommendation either to approve or deny designation of the property, stating in its recommendation the extent to which the property meets the criteria for designation as set forth in this Ordinance. A recommendation for approval shall be accompanied by a proposed ordinance of designation.
       4. d.
          For non-approval of a designation report, a copy of the minutes of the meeting at which such decision to deny was made shall be mailed to the owner of the property, including a letter explaining the basis for the HPC’s decision. A recommendation against approval shall not prevent any future consideration of a property for designation as a Historic Landmark.
       5. e.
          The local governing body shall hold a legislative hearing, either jointly with the HPC, or separately, to consider the proposed ordinance, with public notice to comply with Section 3.2.
       6. f.
          Following the legislative hearing, the local governing body shall consider the HPC’s designation report and recommendations, the NCDCR recommendations, and comments made at the legislative hearing, and shall adopt the ordinance as proposed or with amendments, or reject the ordinance.
       7. g.
          Upon adoption of the ordinance, the Planning and Development Director shall:

          1. (1)
             within thirty (30) days of adoption, send the owner(s) of the Historic Landmark(s) written notice of such designation, explaining the substance of the HPC’s decision, via certified mail with a return-receipt requested;
          2. (2)
             file one copy of the ordinance, and any subsequent amendments thereto, in the office of the Register of Deeds of Guilford County, which office shall index each historic landmark according to the name of the owner in the grantee and grantor indexes;
          3. (3)
             if the Historic Landmark lies within a zoning jurisdiction which the County has adopted an interlocal agreement for historic preservation planning services, file a second copy of the ordinance and any subsequent amendments thereto, in the office of the pertinent municipal clerk where it shall be made available for public inspection at any reasonable time, and shall provide a third copy to the building inspector for the designating jurisdiction; and
          4. (4)
             shall notify the Guilford County tax assessor of the Historic Landmark designation.
       8. h.
          Upon notification from the HPC, the Guilford County Tax Assessor shall clearly indicate the designation on all appropriate tax maps. 

Effective on: 11/7/2024

13. M.
    REZONING (CONVENTIONAL & CONDITIONAL) / MAP AMENDMENT

    

    1. 1.
       Intent

       1. a.
          This section provides a uniform means for reviewing and deciding proposed amendments to the Official Zoning Map of Guilford County.
    2. 2.
       Applicability

       1. a.
          The Board of Commissioners, any local Board, Commission or Department or any person who resides or owns property within the zoning jurisdiction of Guilford County may petition for an amendment to the Official Zoning Map (rezoning).
       2. b.
          Conditional rezoning requests and applications to downzone must be filed in accordance with NCGS 160D.
       3. c.
          Rezonings may be of the following type:

          1. (1)
             Conventional Rezoning to a General Use or Planned Unit Development (PUD) zoning district.
          2. (2)
             Conditional Rezoning that may include development or review standards that may differ from an established zoning district.
          3. (3)
             Overlay Rezoning that may be subject to additional requirements as stated elsewhere within this Ordinance.
       4. d.
          Where the boundaries of a rezoning request stop short of an exterior property line, it must be possible to subdivide and develop that portion of the property outside the proposed rezoning boundary in accordance with the existing zoning and other requirements of this Ordinance.
14.  
    2.  
       5. e.
          All zoning requirements shall be met within the boundaries of the area being rezoned. If all of the requirements cannot be met on the site being rezoned, the rezoning shall be expanded to include all property necessary to meet zoning requirements.
       6. f.
          Requests for changes in the zoning classification of a property within a Historic District Overlay shall be processed and considered in the same manner and procedure as set forth Section 3.5.K. except that the Historic Preservation Commission shall forward a recommendation to the Planning Board prior to the Planning Board taking any action.
    3. 3.
       Prior Approval

       1. a.
          Amendments, modifications, supplements, repeal or other changes in zoning regulations and zone boundaries shall not be applicable or enforceable without the consent of the owner with regard to lots for which building permits have been issued, pursuant to state law, prior to the enactment of the Ordinance making the change or changes, so long as the permits remain valid.
    4. 4.
       Procedure

       1. a.
          Pre-application Conference Required

          1. (1)
             Prior to submitting an application for a rezoning / map amendment, the applicant shall meet with the Guilford County Planning and Development Director to discuss the proposed amendment and to receive information regarding the approval requirements and procedures.
       2. b.
          Application Submittal and Acceptance

          1. (1)
             Conventional and Conditional. Applications for a rezoning/map amendment shall be submitted in accordance with the requirements on the form available in the Planning and Development Department or on the County’s website.
          2. (2)
             All fees shall be due and payable when the application is made according to the Schedule of Fees.
       3. c.
          Planning Director Review and Recommendation

          1. (1)
             The Planning and Development Director shall review the application, prepare a staff report, and provide a recommendation.
       4. d.
          Planning Board Legislative Hearing

          1. (1)
             The notice of legislative hearing by mail, posting, and electronic publishing as authorized by Session Law 2017-210 Senate Bill 181, shall be in accordance Section 3.2.
          2. (2)
             The Planning Board shall hold a legislative hearing on the application. The Planning and Development Department shall present the application, staff report and recommendations to the Planning Board’ at the first available regularly scheduled meeting following proper filing and notice of the application.
          3. (3)
             The Planning Board shall decide the application or forward as a recommendation to the Board of Commissioners [see Section 3.5.M(3).f].

             Commentary: SL 1985-485 HB651 authorizes the Guilford County Board of Commissioners to assign authority to rezone property to the Guilford County Planning Board.  As such, the Planning Board’s decision may serve as a recommendation to the Board of Commissioners or a  final decision, unless appealed.

             When conducting a review of proposed map amendment, the Planning Board shall advise and comment on the following: 

             1. (i)
                Plan Consistency - Whether the proposed action is consistent with any comprehensive or land-use plan that has been adopted and any other officially adopted plan that is applicable [would be required by the Board of Commissioners if Planning Board’s decision goes to the Board of Commissioners as a recommendation or if Planning Board’s decision is appealed. See Section 3.5.M(3).f]. The Planning Board shall provide a statement that addresses plan consistency and other matters as deemed appropriate by the Planning Board, but a comment by the Planning Board that a proposed amendment is inconsistent with the comprehensive or land-use plan shall not preclude consideration or approval of the proposed amendment. If a zoning map amendment is adopted and the action was deemed inconsistent with the adopted plan, the zoning amendment has the effect of also amending any future land-use map in the approved plan, and no additional request or application for a plan amendment is required. A plan amendment and a zoning amendment may be considered concurrently [which would also be true for the Board of Commissioners if the Planning Board’s decision goes to the Board of Commissioners as a recommendation or if the Planning Board’s decision is appealed. [See Section 3.5.M(3).f]; and
             2. (ii)
                Additional Reasonableness Statement for Rezonings – When adopting or rejecting any petition for a zoning map amendment, a statement analyzing the reasonableness of the proposed rezoning shall be approved [would be required by the Board of Commissioners if Planning Board’s decision goes to the Board of Commissioners as a recommendation or if Planning Board’s decision is appealed. See Section 3.5.M(3).f] This statement of reasonableness may consider, among other factors, the size, physical conditions, and other attributes of the area proposed to be rezoned; the benefits and detriments to the landowners, the neighbors, and the surrounding community; 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; why the action taken is in the public interest; and, any changed conditions warranting the amendment. If a zoning map amendment qualifies as a "large-scale rezoning" under NCGS 160D-602(b), the statement on reasonableness may address the overall rezoning.
       5. e.
          Planning Board Review and Decision

          1. (1)
             The Planning Board, after conducting a legislative hearing, shall review and provide a decision on the request.
          2. (2)
             The decision shall be one of the following:

             1. (i)
                Adoption of the rezoning as proposed
             2. (ii)
                Adoption of the rezoning to a zoning district designation of lesser intensity
             3. (iii)
                Denial of the rezoning
             4. (iv)
                Remand of the rezoning application to staff for further consideration.
       6. f.
          Voting

          1. (1)
             A favorable seventy-five percent (75%) vote from members present from the Planning Board shall constitute approval unless appealed.
          2. (2)
             Applications receiving less than a seventy-five percent (75%) favorable vote, but a majority favorable vote from the Planning Board members present and voting, shall constitute a favorable recommendation of the application and shall be forwarded to the Board of Commissioners.
          3. (3)
             Applications receiving less than a majority favorable vote or unfavorable vote from the Planning Board, shall constitute denial of the application unless appealed.
          4. (4)
             Applications forwarded to the Board of Commissioners shall be scheduled for a legislative hearing before the Board of Commissioners.
          5. (5)
             Any application heard by the Board of Commissioners, either by recommendation from the Planning Board or by appeal of a decision of the Planning Board, requires a simple majority vote to be approved, otherwise the application shall be deemed denied.

14.  
    4.  
       7. g.
          Application Withdrawal

          1. (1)
             An application for amendment may be withdrawn by the applicant any time before submission of the public notice to the newspaper or electronically, announcing the legislative hearing.
          2. (2)
             After submission of such notice, an application may be withdrawn at the discretion of the Planning Board or Board of Commissioners at the legislative hearing.
       8. h.
          Continuance

          The Planning Board may continue a rezoning request for up to two (2) months provided the reason for said continuance is stated in the motion to continue. Nothing in this Section shall prohibit a continuance being granted for a greater period of time provided it is mutually agreed upon by the applicant and Planning Board. Upon failure of the Planning Board to act on a request immediately following all proper continuances, or if no action is taken, the petitioner may take the rezoning application to the Board of Commissioners without a recommendation from the Planning Board. A record of the Planning Board's comments regarding the proposed rezoning shall accompany the application.

    5. 5.
       Appeals

       Applicable. See Section 3.5.C.

    6. 6.
       Rezoning, Conditional

       1. a.
          Pre-application Conference

          1. (1)
             Prior to submitting an application for a rezoning / map amendment, the applicant shall meet with the Guilford County Planning and Development Director to discuss the intention of for applying condition zoning for a general use district.
          2. (2)
             Petitioning for a Conditional Zoning district is a voluntary procedure and can be initiated only by the owner of the property in question, or by the authorized agent.
          3. (3)
             An application for Conditional Zoning may be submitted for any district, the use of which is not to relieve hardships that would otherwise be handled using a variance procedure. Zoning to a Conditional Zoning district is not intended for securing early or speculative reclassification of property.
          4. (4)
             Conditional zoning may allow or disallow a particular use, specify density or specific development standards, but they shall correspond to the general zoning district.
          5. (5)
             Planned Unit Developments (PUD) identified in this Ordinance may have a corresponding conditional zoning district.
          6. (6)
             The Planning Board through the Conditional Zoning process may approve deviations to or eliminate standards in the UDO and/or underlying zoning district. New standards shall be adopted as conditions and will be applied as standards for approval during the plan review process. Any standards not modified or eliminated will be applied in accordance with the provisions of the UDO. All standards and requirements that apply to the corresponding general use or planned district will apply to the conditional zoning districts. In the event that the Planning Board modifies the proposed conditions, the applicant or owner must agree to the new conditions in writing.
          7. (7)
             Conditions which represent greater restrictions on development and use of the property than would apply in the corresponding general use district or which involve subdivision, stormwater control, flood protection or other limitations on land which may be regulated by the county and state law, may be specified in the application.
       2. b.
          Application Submittal and Acceptance

          Applicable. See Section 3.5.M.

       3. c.
          Staff Review

          Applicable. See Section 3.5.M.​​

       4. d.
          Legislative Hearing

          Applicable. See Section 3.5.M.

       5. e.
          Planning Board Review and Decision

          Applicable. See Section 3.5.M.

       6. f.
          Voting

          1. (1)
             Applicable. See Section 3.5.M.
          2. (2)
             Effect of Approval

             If a petition for a Conditional Zoning district is approved, the development and use of the property shall be governed by the Ordinance requirements applicable to the district’s zoning classification, the approved conceptual plan for the district, and any additional approved rules, regulations, and conditions, all of which are binding on the property as an amendment to these regulations and to the Zoning Map.

       7. g.
          Amendments to an Approved Conditional Zoning District

          See Section 3.5.B.4, Administrative Adjustment.

       8. h.
          Application Withdrawal

          See Section 3.5.M.4(g)

       9. i.
          Appeals

          Applicable. See Section 3.5.C.

    7. 7.
       Planned Unit Developments (PD-R, PD-M or RPD). See Subsec. 4 – Zoning Districts.
    8. 8.
       Additional Procedures

       1. a.
          Flood Zoning Map Amendments

          See Subsec. 9 – Environmental Regulations for procedures regarding amendments to the Flood Zoning Map.

       2. b.
          Water Supply Watershed Map Amendments

          1. (1)
             Applications for Water Supply Watershed Map amendments shall be processed in accordance with the procedures in Section 3.5.K.
          2. (2)
             Water Supply Watershed Maps may be amended in cases where:

             1. (i)
                A new water supply watershed is established.
             2. (ii)
                A Watershed Critical Area boundary is changed.
             3. (iii)
                A Watershed Critical Area tier line is shifted. 

Effective on: 4/2/2026

14. N.
    SIGN PERMITS

    1. 1.
       Sign Permit Procedure

       1. a.
          Sign Permits are reviewed and approved by the Planning and Development Director. Refer to Section 3.3 for Common Review Procedures.
       2. b.
          See Subsec. 7 - signs for additional standards or requirements.

Effective on: 1/1/1901

15. O.
    SITE PLAN, MAJOR

    1. 1.
       Applicability

       1. a.
          Major Site Plans are required for development, with the exception of single-family & two-family dwellings, for additions to existing developments that are:

          1. (1)
             Greater than fifteen thousand (15,000) square feet of gross floor area.
          2. (2)
             Nine (9) dwelling units or more in a single building.
          3. (3)
             Open uses of land, or expansions of open uses of land involving forty thousand (40,000) square feet or more.
    2. 2.
       Pre-Application Conference Required
    3. 3.
       Site Plan Submittal

       1. a.
          Major Site Plans determined to be complete, shall be submitted to the Planning and Development Department for review by the Technical Review Committee.
       2. b.
          All fees shall be submitted in accordance with Section 3.3.
       3. c.
          Major Site Plans shall contain all applicable information listed in Appendix 2 - Map Standards. The Site Plan shall consist of separate sheets depending on the development, including: 

          1. (1)
             site layout
          2. (2)
             utility plan, including water and sewer utility plan
          3. (3)
             conceptual landscaping plan showing planting areas, types/species of plant material (i.e. canopy trees, understory trees, shrubs), and number of plantings
          4. (4)
             grading, erosion control and watershed development plan in accordance with Subsec. 9. (See Appendix 2 – Map Standards for information required to be submitted on these plans).
       4. d.
          Depending on the scale or complexity of the development, any or all of the sheets may be combined.

15.  
    3.  
       5. e.
          When required street and utility construction plans for all public or private streets, and water, sanitary sewer, and storm sewer facilities shall be submitted to the Jurisdiction following conditional approval or approval of the Major Site Plan. For each phase of the Major Site Plan, street and utility construction plans shall include all improvements lying within or adjacent to that section as well as all water and sanitary sewer lines lying outside that section and being required to serve that section.
    4. 4.
       Coordination with Other Procedures

       1. a.
          In certain circumstances and upon approval by the Planning and Development Director, the Major Site Plan approval process may run concurrently with construction plan review, an application for Certificate of Appropriateness, an application for a Grading Permit, or other applications or approvals required for a particular project.
    5. 5.
       Review by Technical Review Committee

       1. a.
          Major Site Plans submitted for developments shall be reviewed by the Technical Review Committee.
       2. b.
          If deficiencies are found in the Major Site Plan, such deficiencies shall be stated in writing and the Site Plan may be revised and resubmitted.

15.  
    6. 6.
       Decision by Planning and Development Director

       1. a.
          The Major Site Plan shall be approved by the Planning and Development Director when it meets all requirements of this Ordinance and/or proper variances are obtained.
       2. b.
          If the Major Site Plan is approved, the applicant may proceed with other requirements necessary to obtain a Building Permit, or other necessary approvals.
    7. 7.
       Inspections

       1. a.
          Work performed pursuant to approved street and utility construction plans shall be inspected and approved by the appropriate authority.
    8. 8.
       Soil Erosion and Sedimentation Control Devices Installation

       1. a.
          Any approved soil erosion control measures and sedimentation control device(s) may be installed prior to approval of street and utility construction plans.
    9. 9.
       Permits

       1. a.
          Upon approval of the Site Plan, the developer shall be eligible to apply for building and any other permits and authorizations as required by this Ordinance or other laws, unless otherwise provided in this Ordinance.
    10. 10.
        No Construction Without Plan Approval

        1. a.
           No improvements shall be constructed until the street and utility construction plans for such improvements have been reviewed and approved by the appropriate authority.
    11. 11.
        Expiration of Major Site Plan Approval

        1. a.
           If construction or development does not begin within two (2) years following site plan or plot plan approval; or is begun within two (2) years and then discontinued for a period greater than one hundred eighty (180) days; such approval shall expire, and a new site plan or plot plan must be submitted in accordance with the procedures in this Section.
    12. 12.
        Appeal

        1. a.
           Applicable. See Section 3.5.C, Appeals. 

Effective on: 11/6/2025

16. P.
    SITE PLAN, MINOR

    1. 1.
       Applicability

       1. a.
          Minor Site Plans submitted for development or additions to existing developments (except single-family and two-family dwelling(s) shall be:

          1. (1)
             Fifteen thousand (15,000) square feet or less of gross floor area.
          2. (2)
             Eight (8) dwelling units or less in a single building.
       2. b.
          Plot Plan for Department of Environmental Health Required.
       3. c.
          Site Plan Required. No new building permit shall be issued on a lot until a Minor Site Plan, prepared in accordance with Appendix 2 - Map Standards, has been approved for the development. Except that no new or amended Minor Site Plan shall be required if an adequate Minor Site Plan is already on file, no change in parking and no increase in built-upon area is proposed or required.
    2. 2.
       Review and Decision

       1. a.
          Approval of Minor Site Plan. The Minor Site Plan or shall be reviewed and approved by the Planning and Development Director when it meets all requirements of this Ordinance and/or proper variances are obtained.
    3. 3.
       Appeal

       1. a.
          Applicable. See Section 3.5.C, Appeals.
    4. 4.
       Inspections

       1. a.
          Work performed pursuant to approved street and utility construction plans shall be inspected and approved by the appropriate authority.
    5. 5.
       Runoff Control Structures and Soil Erosion and Sedimentation Control Devices Installation

       1. a.
          Any approved permanent runoff control structure(s) and soil erosion and sedimentation control device(s) may be installed prior to approval of street and utility construction plans.
    6. 6.
       Permits

       1. a.
          Upon approval of the Minor Site Plan, the developer may be eligible to apply for building and any other permits and authorizations as required by this Ordinance.
    7. 7.
       No Construction Without Plan Approval

       1. a.
          None of the improvements listed above shall be constructed until the street and utility construction plans for such improvements have been reviewed and approved by the appropriate authority.
    8. 8.
       Expiration of Minor Site Plan or Plot Plan Approval

       1. a.
          If construction or development does not begin within two (2) years following site plan or plot plan approval; or is begun within two (2) years and then discontinued for a period greater than one hundred eighty (180) days; such approval shall expire, and a new site plan or plot plan must be submitted in accordance with the procedures in this Section.

Effective on: 11/6/2025

17. Q.
    SPECIAL USE PERMIT

    1. 1.
       Intent

       1. a.
          The Special Use Permit review process is established to provide for the adequate review and consideration of those uses which, because of their unique characteristics and impacts upon the community, require individual consideration of their location, design, configuration, and/or operation in the community.
    2. 2.
       Applicability

       1. a.
          If the proposed use is represented by an “S” in the column for the zoning district in which it is located in Subsec. 4 – Zoning Districts (Table of Permitted Uses), the use shall comply with the procedures and standards of this section, prior to development.
    3. 3.
       Procedure

       1. a.
          Pre-Application Conference.

          1. (1)
             The applicant shall attend a preapplication conference.
       2. b.
          Application Submittal

          1. (1)
             An application for a Special Use Permit may be filed by the owner or owner’s authorized agent with the Guilford County Planning and Development Department.
          2. (2)
             The application shall, at a minimum, require a sketch plan. Some applications may require additional information.
18.  
    3.  
       3. c.
          Planning and Development Director Review and Recommendation

          1. (1)
             The application shall be reviewed by Technical Review Committee and the Planning and Development Director for compliance with the requirements of this Section.
          2. (2)
             Upon review of a complete application, the Planning and Development Director shall prepare a staff report and comment on the conformance of the request to the standards and dimensional requirements of the Ordinance.
       4. d.
          Public Notification

          1. (1)
             Applicable. See Table 3.2, Public Notification Requirements.
       5. e.
          Planning Board Review and Decision

          1. (1)
             Voting on a Special Use Permit shall be in accordance with Section 3.4, Quasi-Judicial Hearing Procedures and shall require a simple majority for approval. All evidence presented at the hearing in regard to applications for Special Use Permits shall be under oath.
       6. f.
          Required Findings

          1. (1)
             The Special Use Permit shall be granted when each of the following Findings of Fact have been made by the Planning Board:

             1. (i)
                The proposed use is represented by an "S" in the column for the district in which it is located in Subsec. 4 – Zoning Districts (Table of Permitted Uses).
             2. (ii)
                That the use will not materially endanger the public health or safety if located where proposed and developed according to the plan submitted.
             3. (iii)
                That the use meets all required conditions and specifications.
             4. (iv)
                That the use will not substantially injure the value of adjoining or abutting property, or that the use is a public necessity.
             5. (v)
                That the location and character of the use, if developed according to the plan submitted, will be in harmony with the area in which it is to be located and in general conformity with the plan of development of the Jurisdiction and its environs.
          2. (2)
             Any Special Use Permit so authorized, shall be perpetually binding upon the property included in such permit, unless subsequently changed or amended through application for a new or amended Special Use Permit or until a use otherwise permitted in the district is established.
       7. g.
          Review Factors

          The applicant shall demonstrate that the review factors listed below have been adequality addressed.

          1. (1)
             Circulation: Number and location of access points to the property and the proposed structures and uses, with particular reference to automotive, pedestrian safety, traffic flow and control, and access in case of emergency.
          2. (2)
             Parking and Loading: Location of off-street parking and loading areas.
          3. (3)
             Service Entrances and Areas: Locations of refuse and service areas with adequate access for services vehicles.
          4. (4)
             Lighting: Location of lighting with reference to spillage & glare, motorist & pedestrian traffic safety, and compatibility with other property in the area.
          5. (5)
             Utilities: Location and availability of utilities (public or private).
          6. (6)
             Open Spaces: Location of required street yards and other open spaces and preservation of existing trees and other natural features (where applicable).
          7. (7)
             Environmental Protection: Provisions to protect floodplains, stream buffers, wetlands, watersheds, open space and other natural features
          8. (8)
             Landscaping, Buffering & Screening: Installation of landscaping, fencing or berming for the purpose of buffering and screening where necessary to provide visual screening where appropriate.
          9. (9)
             Effect on Nearby Properties: Effects of the proposed use on nearby properties, including, but not limited to, the effects of noise, odor, lighting, and traffic.
          10. (10)
               Compatibility: The general compatibility with nearby properties, including but not limited to the scale, design, and use in relationship to other properties.
       8. h.
          Conditions for Approval

          1. (1)
             In granting a Special Use Permit, the Planning Board may impose more restrictive requirements upon such permit as it may deem necessary in order that the purpose and intent of this Ordinance are served. In this event, the landowner and applicant must consent to the revised conditions in writing.
          2. (2)
             Either the use as proposed, or the use as proposed subject to such additional conditions as the owner may propose or the Planning Board may impose, is consistent with the purposes of the District and compatible with surrounding uses.
       9. i.
          Recordation of Decision

          1. (1)
             In granting or denying a Special Use Permit, the Planning Board’s decision and any approved conditions shall be recorded with the Register of Deeds.
       10. j.
           Special Use Permit Denial

           1. (1)
              If the Planning Board fails to make the findings required by this section or makes other findings inconsistent with the required findings, then such proposed permit shall be denied.
           2. (2)
              If denied, see Section 3.5.C, Appeals.
       11. k.
           Compliance with Approved Permit

           1. (1)
              No building or other subsequent permit or approval shall be issued for any development on property subject to a Special Use Permit except in accordance with the terms of the permit and the district.
       12. l.
           Submission of Site Plans

           1. (1)
              After Special Use Permit approval, site plans for any development made pursuant to any Special Use Permit shall be submitted for review in the same manner as other development plans required by this Ordinance.
       13. m.
           Minor Modifications

           1. (1)
              In approving such Site Plans, the Planning and Development Director may make minor modifications to the requirements of such Special Use Permit provided that the objective and purpose of the requirements and conditions of the Special Use Permit are maintained and in accordance with NCGS 160D-705. Minor modifications shall include:

              1. (i)
                  Movement of structures, parking areas, or other activity areas provided they are not closer to an existing residence or one under construction;
              2. (ii)
                 Changes in landscaping types provided such have not been worked out by neighbors or conditions of approval and they meet the requirements in Subsec. 6 and/or development standards for individual uses found in Subsec. 5; and
              3. (iii)
                 Changes in location of the driveway connection(s) provided it is not closer to an existing residence or one under construction and it meets the requirements in Article 8 and/or development standards for individual uses found in Subsec. 5. If NCDOT requires the change, then this section may not apply.
       14. n.
           Amendment of Permit

           1. (1)
              The Planning Board may change or amend any Special Use Permit subject to the same consideration as provided for in this Ordinance for the original issuance of a Special Use Permit.
       15. o.
           Timing of Amendment Proposal

           1. (1)
               No proposal to change or amend any Special Use Permit shall be considered within a one (1) year period after the date of the original authorization of such permit or within a one-year period after the hearing of any previous proposal to change or amend any such permit.
       16. p.
           Effect of Invalidity

           1. (1)
               If for any reason any condition imposed pursuant to these regulations is found to be illegal or invalid, such Special Use Permit shall be void and of no effect.
       17. q.
           Non-compliance with Permit Conditions

           1. (1)
              If after receiving a Notice of Violation for violation of the terms or conditions of a Special Use Permit, the owner fails to correct such violations within a reasonable time, then the Special Use Permit may be revoked by the Planning Board. The revocation process must take the same form as the original approval.
           2. (2)
              The Planning Board shall revoke such permit on all or part of a development if it finds that there has been a violation that:

              1. (i)
                 Was intentional or continued for an unreasonable time after the owner had notice thereof.
              2. (ii)
                 Was substantially inconsistent with the purposes of the district and continued for any time after the owner had notice thereof and the opportunity to cure.
           3. (3)
              All of the other remedies of this Ordinance for a zoning violation shall apply to a violation of the terms of a Special Use Permit. Civil and/or criminal penalties may accrue pending the correction of a violation of a Special Use Permit, notwithstanding the fact that the owner may correct the violation within a reasonable time for purposes of the revocation provisions of this paragraph.

Effective on: 1/1/1901

18. R.
    SUBDIVISION, EXEMPT

    1. 1.
       Intent

       1. a.
          The purpose of this procedure is established to provide relief from the subdivision regulations found in this Ordinance (see Section 8.2 Exempt Subdivisions).
    2. 2.
       Applicability

       1. a.
          Such divisions of land exempt from the regulations are detailed in this Ordinance G.S. § 160D- 802 and G.S. § 29 - Intestate Succession.
    3. 3.
       Certification and Recordation

       1. a.
          Any plat exempt from the regulations of this Ordinance shall be certified as exempt by the Planning and Development Director or, in circumstances specified in NCGS 47-30(f)(11), a professional land surveyor prior to being recorded.

Effective on: 1/1/1901

19. S.
    SUBDIVISION, MAJOR

    1. 1.
       Intent

       1. a.
          The purpose of this Section is to provide a uniform means for the review and approval of divisions of land in accordance with Subsec. 8 – Subdivisions & Infrastructure Standards.
       2. b.
          No real property, including property declared under the N.C. Condominium Act NCGS 47C-1 et seq., lying within the unincorporated areas of Guilford County, except the extraterritorial jurisdiction (ETJ) of a municipality, or areas designated as the jurisdiction of Piedmont Triad International Airport (PTIA), shall be subdivided except in conformance with all applicable provisions of this Subsection. Violation of this Section shall be a misdemeanor.
       3. c.
          Re-Platting. Lots that have been labeled as "Nonbuildable," "No Improvement Permit has been issued," "No certification for Sewage Treatment has been given for this lot" or otherwise identified as unsuitable for building purposes at the time of plat recordation must be re-platted before any building permit on the lot can be issued. Re-platted lots described above or re-platting of lots to remove or relocate easements created through the subdivision process shall follow the approval procedures defined in this Subsection but shall not be subject to Subsec. 8 – Subdivision & Infrastructure concerning the dedication of property for street right-of-way or open space. The approval process may be abbreviated for the replatting of lots.
20.  
    2. 2.
       Applicability

       1. a.
          All divisions of land into more than five (5) lots shall comply with the provisions of this Section, except where exempt by definition or statute. See Section 3.6.R, Subdivisions, Exempt.
       2. b.
          Sketch Plan Required. A Sketch Plan shall be submitted if land adjoining the subject parcel is owned by the subdivider seeking approval of a Major Subdivision.

20.  
    3. 3.
       Procedure

       1. a.
          Pre-Application Conference.

          1. (1)
             The applicant shall attend a pre-application conference with the Planning and Development Department prior to submission of a Preliminary Plat.
       2. b.
          Sketch Plan Submittal

          1. (1)
             Technical Review Committee. A Sketch Plan is required for review by the Technical Review Committee for any subdivision of property that involves:

             1. (i)
                More than fifty (50) lots.
             2. (ii)
                Utilizes Off-site Sewage Treatment.
             3. (iii)
                A Community Sewage Treatment System.
          2. (2)
             Procedures for Sketch Plan review shall correspond to the procedures found in Section 3.5.S.4, Preliminary Plat Submittal below.
          3. (3)
             Preparation. The Sketch Plan shall be prepared in accordance with all provisions of the Guilford County Unified Development Ordinance (see Appendix 2, Map Standards) and submitted to the Planning and Development Department.
       3. c.
          Review and Comments

          1. (1)
             After reviewing the Sketch Plan, the Technical Review Committee shall comment as to whether the plan is in conformance with UDO standards and regulations.​
    4. 4.
       Preliminary Plat Submittal

       1. a.
          Intent

          1. (1)
             A Preliminary Plat shall be required for all Major Subdivisions of land, including Group Developments, with the following exception:

             1. (i)
                When existing developments are converted from multifamily residential or group developments to condominium unit ownership, the developer shall submit a declaration of unit ownership, and owner’s association declaration.
       2. b.
          Preparation of Plat

          1. (1)
             All subdivision plats shall meet the following requirements before being approved.

             1. (i)
                All applicable standards in Subsec. 8 – Subdivisions and Infrastructure Standards, prior applicable permits and development approvals, and all other applicable requirements of this Ordinance.
             2. (ii)
                Zoning District Compliance. The development must be zoned correctly prior to preliminary plat approval.
             3. (iii)
                Minor Change. Minor changes to the preliminary plat in accordance with Section 3.5.B.4a(3) may be approved by staff, as applicable
          2. (2)
             The Preliminary Plat shall be prepared by a registered land surveyor, registered landscape architect, registered architect, or licensed engineer, and shall be prepared in accordance with Appendix 2, Map Standards.
          3. (3)
             When a subdivision is to be developed in phases, a master plan shall be submitted for the entire development and a preliminary plat shall be submitted for each individual phase. A final plat is submitted for individual phases as each phase is developed.
       3. c.
          Review by Technical Review Committee (TRC)

          1. (1)
             Major Subdivisions must be reviewed by the Technical Review Committee.
          2. (2)
             When the application is deemed complete, the Planning and Development Director shall schedule Major Subdivision cases for the next available Technical Review Committee meeting.
          3. (3)
             The Technical Review Committee shall review the Preliminary Plat for compliance with existing regulations. This review shall be made by the members of the Technical Review Committee and by any other agencies or officials by referral or as required by G.S. § 160D-803. Comments regarding the review will be provided to the Director of Planning and Development.
    5. 5.
       Planning and Development Director Decision

       1. a.
          If the Preliminary Plat is approved, the applicant may proceed with Final Plat submittal.

          1. (1)
             Street and Utility Construction Plans

             1. (i)
                Street and utility construction plans for all public improvements associated with the preliminary plat shall be approved prior to street and utility construction and prior to the approval of a final plat in accordance with Subsec. 9 – Subdivisions & Infrastructure Standards.
             2. (ii)
                In the case of a multi-phase subdivision, street and utility construction plans shall include all improvements within a phase and all public improvements outside the phase but necessary to serve development within that phase.
          2. (2)
             Grading Permit

             1. i.
                An approved Preliminary Plat authorizes the submittal of soil erosion and sedimentation control plans and the issuance of a Grading Permit. Any approved soil erosion and sedimentation control devices, and approved permanent runoff control structures may be installed prior to the approval of street and utility construction plans in accordance with this Ordinance.
       2. b.
          Appeals

          1. (1)
             Applicable. See Section 3.5.C, Appeals. 
    6. 6.
       Final Plat

       1. a.
          Approval Process

          1. (1)
             Submission. Upon approval of the Preliminary Plat and other required plans, the applicant may submit for approval of a Final Plat prepared by a Professional Land Surveyor in accordance with Appendix 2, Map Standards. The Final Plat shall be submitted to the Planning and Development Department (see Appendix 2, Map Standards).
          2. (2)
             Environmental Health Division Review. Prior to Final Plat approval, a copy of the Final Plat shall be reviewed by the Environmental Health Division. The Environmental Health Division shall determine that no changes have occurred that affect On-site, Off-site, or Community Sewage Treatment System suitability. Monuments must be set prior to Environmental Health review of the Final Plat. If changes have occurred that affect lot suitability, a new health drawing or plot plan and an improvement permit application and fee for each affected lot shall be submitted and a new evaluation shall occur. Improvements Permits for On-site and Off-site systems will be issued for approved lots recorded on the Final Plat. Areas approved for a Community Sewage Treatment System shall be clearly denoted on the mylar and each print and indicate the total processing capacity of the area and which lots may use the system.
          3. (3)
             Soil Scientist Review (Optional). Preliminary plats may be reviewed by a Soil Scientist in lieu of review by the Environmental Health Divisions. Subsequently, the Final Plat shall contain the applicable soil suitability certification as listed in the Guilford County Unified Development Ordinance (see Appendix 2, Map Standards). Monuments must be set prior to Soil Scientist review and certification of the Final Plat. The Soil Scientist shall determine that no changes have occurred that affect lot suitability since the evaluation. If changes have occurred that affect lot suitability, a revised Soil Suitability Report shall be submitted with the Final Plat. After Final Plat recordation, any application for Improvements Permits must be submitted to the Environmental Health Division.
          4. (4)
             Watershed/Stormwater Review. The Final Plat submitted must show required stormwater facilities and all related certifications.
          5. (5)
             Major Change. Major changes from the Preliminary Plat will require an additional review by the Technical Review Committee and comments provided to the Director of Planning and Development to ensure compliance with existing regulations.
       2. b.
          Required Improvements

          1. (1)
             No Final Plat shall be approved until all required improvements have been installed and approved or appropriate surety is provided as set forth in Subsec. 8 – Subdivisions and Infrastructure Standards.
       3. c.
          As-Built Plans

          1. (1)
             As-built plans for all public improvements shall be submitted.
       4. d.
          Assurance of Completion of Improvements

          1. (1)
             Where the improvements required by this Ordinance have not been completed prior to the submission of the plat for final approval, such improvements shall be assured by the owner's filing of an approved surety bond, certified check, irrevocable letter of credit, or other acceptable legal arrangement in an amount to be determined by the Jurisdiction and for an approved period not to exceed two (2) years.
       5. e.
          Financial Guarantees

          1. (1)
             All public improvements that have not been installed by the developer and inspected and accepted by the appropriate jurisdiction shall comply with the requirements in Subsec. 8 – Subdivisions and Infrastructure Standards prior to the recordation of a final plat.
          2. (2)
             For the Release of Financial Guarantees

             1. (i)
                The Planning and Development Director shall authorize the release of all or a portion of any guarantee posted as the improvements are completed. Such funds shall be released within 30 days after submittal of an improvements completion certification from a Professional Engineer and approval of applicable improvements by the Planning and Development Director.
       6. f.
          Certification of Final Plat

          1. (1)
             When the Planning and Development Director has approved a Final Plat, a signed written certificate to this effect shall be entered on the face of the plat (see Appendix 2, A-3 Map Certificates).
       7. g.
          Permits

          1. (1)
             Unless otherwise provided in this Ordinance, upon recordation of the Final Plat, the subdivider shall be eligible to apply for building and any other permits required by this Ordinance.
       8. h.
          Fees

          1. (1)
             Any fees, according to the Schedule of Fees, shall be due and payable when the Final Plat is submitted for approval.
       9. i.
          Recordation of Final Plat

          1. (1)
             After approval, a Final Plat must be recorded in the Office of the Register of Deeds within sixty (60) days. No plat shall be regarded as finally approved until such plat has been recorded.
       10. j.
           Expiration

           1. (1)
              An approved Preliminary Plat shall be valid for two years from the date of approval and may be extended at the request of the developer.

Effective on: 11/6/2025

20. T.
    SUBDIVISION, MINOR

See Section 8.4. if improvements (e.g. street improvements) are required.

20.  
    1. 1.
       Intent

       1. a.
          The purpose of this section is to provide a uniform means for the review and approval of divisions of land of five (5) lots or less in accordance with Subsec. 8 – Subdivisions & Infrastructure Standards, except where exempt by definition or statute. See Section 3.5.R, Subdivisions, Exempt.
    2. 2.
       Minor Subdivision Procedure (See Section 8.4)

       1. a.
          Pre-Application Conference (optional)
       2. b.
          Preliminary Plat review is only required when new improvements are being constructed. If no improvements are being constructed, the Plat shall be submitted and reviewed as a Final Plat.

          1. (1)
             Minor subdivision plats shall be submitted to the Planning and Development Director for review and processing.
          2. (2)
             The Planning and Development Director shall review the plat and make the following findings:
21.  
    2.  
       2.  
          3.  
             1. (i)
                The application and plat qualify as a Minor Subdivision as defined in this Ordinance.
             2. (ii)
                Other applicable Ordinance standards have been met.
       3. c.
          Planning and Development Director Review and Decision

          1. (1)
             The Planning and Development Director, after reviewing the application and plat for consistency with the regulations of this Ordinance, may make the following decision:

             1. (i)
                Approve the plat.
             2. (ii)
                Revise and Resubmit.
             3. (iii)
                Disapprove the plat.

21.  
    3. 3.

       Recordation of Final Plat

       1. a.
          Certification of Final Plat

          1. (1)
             When the Planning and Development Director has approved a Final Plat, a signed written certificate to this effect shall be entered on the face of the plat.
       2. b.
          Recordation of Final Plat

          1. (1)
             After approval, the developer shall record the Final Plat in the Office of the Register of Deeds within sixty (60) days. No plat shall be regarded as finally approved until such plat has been recorded. If the final plat is not recorded within sixty (60) days, the Preliminary Plat must be resubmitted to the Planning and Development Director. Such resubmittal shall be in accordance with the requirements of this Ordinance at the time of resubmittal.
    4. 4.
       Appeal

       1. a.
          Applicable. See Section 3.5.C, Appeals.

Effective on: 11/6/2025

21. U.
    RESERVED

Effective on: 11/6/2025

22. V.
    TEXT AMENDMENT

    1. 1.
       Purpose and Intent

       1. a.
          This Section provides a uniform means for amending the text of this Ordinance wherever the public necessity, changed conditions, convenience, general welfare, or appropriate land use practices require doing so. A text amendment may be initiated by Guilford County or an applicant.
    2. 2.
       Procedure

       1. a.
          Pre-Application Conference

          1. (1)
             Before submitting an application for an amendment, the applicant shall meet with the Planning and Development Department to discuss the proposed amendment and to receive information regarding the approval requirements and procedures.
       2. b.
          Application Submittal

          1. (1)
             An application for an amendment shall be filed with the Guilford County Planning and Development Department on a form provided by the Department or found on the County Website. Any fees, as designated by the Guilford County Board of Commissioners, shall be due and payable at the time the application is submitted.
          2. (2)
             All information required on the application form shall be contained on or accompany the application.
       3. c.
          Planning and Development Director Review and Recommendation
23.  
    1.  
       3.  
          1. (1)
             The Planning and Development Director shall review the application, prepare a staff report, and notice a legislative hearing (if provided) per Section 3.2 and Table 3.2, Public Notification Requirements, and provide a recommendation to the Planning Board.
          2. (2)
             Necessary research may be required for an application for a text amendment. Presentation of an application and recommendation to the Planning Board may be delayed to account for research conducted by staff and other related workload

23.  
    2.  
       4. d.
          Planning Board Review and Recommendation

          1. (1)
             Following the receipt of the report regarding the Director’s recommendation on a proposed amendment, the Guilford County Planning Board may hold a legislative hearing to consider the proposed amendment. The hearing shall be scheduled as provided by the Planning Board’s Rules of Procedures.
          2. (2)
             Recommendations of the Planning Board shall be reported to the Guilford County Board of Commissioners for a legislative hearing and final action according to the process set forth in this Ordinance. The Guilford County Board of Commissioners shall schedule the legislative hearing subsequent to receiving the Planning Board’s report and recommendation. The legislative hearing shall be scheduled as provided by the Board of Commissioners.
          3. (3)
             A recommendation by the Planning Board shall include the adoption of a statement describing whether the Planning Board considers the action taken to be consistent with the Comprehensive Plan that has been adopted and any other officially adopted plan that is applicable. The Planning Board shall provide a written recommendation to the Board of Commissioners that addresses plan consistency and other matters as deemed appropriate by the Planning Board, but a comment by the Planning Board that a proposed amendment is inconsistent with the comprehensive or land-use plan shall not preclude consideration or approval of the proposed amendment by the Board of Commissioners.
          4. (4)
             If no action is taken, the petitioner may take the rezoning application to the Board of Commissioners without a recommendation from the Planning Board. A record of the Planning Board's comments regarding the proposed amendment shall accompany the application.
       5. e.
          Board of Commissioners Review and Decision

          1. (1)
             Following the receipt of the Guilford County Planning Board's action on a proposed amendment, the Guilford County Board of Commissioners shall hold a legislative hearing to consider the proposed amendment. Notice of the legislative hearing shall be provided per Table 3.2, Public Notification Requirements.
          2. (2)
             Before acting on any proposed amendment, the Board of Commissioners shall consider any recommendations made by the Guilford County Planning Board and/or the County Planning and Development Department, comments made at the legislative hearing, and other relevant information.
          3. (3)
             Upon reviewing all pertinent information, the Board of Commissioners may adopt the proposed amendment, reject the proposed amendment, refer the proposed amendment back to the Planning Board for further consideration, or modify the proposed amendment.
          4. (4)
             When adopting or rejecting any zoning text amendment, the Board of Commissioners shall approve a brief statement describing whether its action is consistent or inconsistent with an adopted comprehensive or land use plan. The requirement for a plan consistency statement may also be met by a clear indication in the minutes of the Board of Commissioners that at the time of action on the amendment the Board of Commissioners was aware of and considered the planning board's recommendations and any relevant portions of an adopted comprehensive or land-use plan. 
          5. (5)
             All amendments and changes must be in the form of an ordinance. Copies of adopted ordinances shall be kept on file at the office of the Clerk of the Board of Commissioners and with the Planning and Development Department.
    3. 3.
       Appeal

       1. a.
          Applicable. See Section 3.5.C, Appeals.
    4. 4.
       Additional Requirements

       1. a.
          Amendments to Soil Erosion and Sedimentation Control Requirements

          1. (1)
             Guilford County shall incorporate revisions required by the Environmental Management Commission (EMC) within eight (8) months following receipt of the required revisions. If standards and provisions of this Ordinance currently meet or exceed the required revisions, the Environmental Management Commission shall be so notified within ninety (90) days of their receipt.
       2. b.
          Amendments to the Watershed Protection/Stormwater Management Regulations

          1. (1)
             Amendments to the watershed protection/stormwater management regulations found in this Ordinance shall be submitted to the Division of Water Quality for necessary review and Environmental Management Commission approval, when the State has statutory oversight, prior to adoption by the Board of Commissioners. All amendments are effective upon adoption by the Board of Commissioners unless otherwise noted. 

Effective on: 12/19/2024

23. W.
    VARIANCE

    1. 1.
       Purpose and Intent

       1. a.
          The variance process is a Quasi-Judicial Procedure (Section 3.4) and 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 the land in a manner otherwise allowed under this Ordinance.
    2. 2.
       Authority

       1. a.
          Multiple boards shall serve as the Board of Adjustment for quasi-judicial matters in Guilford County. If the Board of Commissioners chooses not to appoint members to the Board of Adjustment, it shall sit as the Board of Adjustment subject to the provisions of this Ordinance.
       2. b.
          Depending on the request, variances may be heard by the:

          1. (1)
             Planning Board.
          2. (2)
             Board of Adjustment.
          3. (3)
             Board of Commissioners.
    3. 3.
       Applicability

       1. a.
          Development that would otherwise be subject to undue and unique hardship from the application of the standards of this Ordinance may seek relief from this Ordinance in accordance with this section that otherwise would not be satisfied under the allowances set forth in Ordinance.
24.  
    3.  
       2. b.
          In no event shall a quasi-judicial board grant a variance which would allow the establishment of a use which is not otherwise allowed in a zoning district or which would change the density, district classification, or the district boundary of the property in question.
       3. c.
          In no event shall a quasi-judicial board grant a variance which would conflict with any State code.
       4. d.
          The Board of Commissioners shall not grant a variance to permit a use otherwise not permitted by this Ordinance in the zoning district involved.
       5. e.
          Variance Runs with the Land. Any variance so authorized, shall be perpetually binding upon the property included in such permit, unless subsequently changed or amended through application for a new or amended variance.
    4. 4.
       Variance Procedures

       1. a.
          Pre-Application Conference

          1. (1)
             Mandatory. Pre-Application Conference is mandatory.
       2. b.
          Application Submittal

          1. (1)
             An application for a variance shall be submitted in writing to the Board by filling an application with the Planning and Development Director.
       3. c.
          Planning and Development Director Review

          1. (1)
             The Planning and Development Director shall review the application to ensure that it is complete and shall prepare a staff report detailing the regulations and interpretation behind the matter being appealed along with any findings from accompanying research.
       4. d.
          Public Notification

          1. (1)
             Applicable. See Table 3.2, Public Notification Requirements.
       5. e.
          Quasi-Judicial Board Review and Decision

          1. (1)
             Upon receiving the application, the quasi-judicial board shall conduct an evidentiary hearing on the variance.
          2. (2)
             Grounds for Variance

             1. (a)
                The variance requested is the minimum variance that will make possible the reasonable use of the land, building or structure. The fact that property may be utilized for greater profit, however, will not be considered adequate to justify the granting of a variance.
             2. (b)
                Neither the nonconforming use of lands, buildings or structures in the same zoning district, nor the permitted use of lands, buildings or structures in other zoning districts shall be considered as grounds for the issuance of a variance. Furthermore, mere financial hardship does not constitute grounds for the granting of a variance.
             3. (c)
                A variance may be granted where a building permit has been issued and, due to unintentional error of the Planning and Development Director in determining the location of the structure on the property, there is a minimal violation of the dimensional requirements, provided that such relief may be granted without substantially impairing the purpose and intent of this Ordinance.
          3. (3)
             Findings of Fact

             1. (a)
                A variance may be granted by the Board of Adjustment if evidence presented by the applicant persuades it to reach the following findings of fact:

                1. (i.)
                   Unnecessary hardship would result from the strict application of the regulation. It shall not be necessary to demonstrate that, in the absence of the variance, no reasonable use can be made of the property.
                2. (ii.)
                   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. A variance may be granted when necessary and appropriate to make reasonable accommodation under the Federal Fair Housing Act for persons with disability.
                3. (iii.)
                   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.
                4. (iv.)
                   The requested variance is consistent with the spirit, purpose, and intent of the regulation, such that public safety is secured and substantial justice is achieved.
             2. (b)
                After conducting the hearing, the quasi-judicial board shall make a decision within a reasonable time and may:

                1. (i)
                   Deny the application.
                2. (ii)
                   Conduct an additional evidentiary hearing on the application.
                3. (iii)
                   Approve the application.
                4. (iv)
                   Approve the application with additional conditions.
       6. f.
          Vote. A concurring vote of at least four-fifths (4/5) of the members of the quasi-judicial board shall be necessary to grant a variance.
       7. g.
          Conditions. In granting a variance, the Board of Adjustment may prescribe such reasonable and appropriate conditions and safeguards as will assure that the use of the property to which the variance applies will be compatible with surrounding properties and will not alter the essential character of the neighborhood.

          1. (1)
             Violations of such conditions and safeguards, when a part of the terms under which the variance is granted, shall be deemed a violation of this Ordinance.
          2. (2)
             A variance granted subject to a condition shall be permitted only so long as there is compliance with the condition.
          3. (3)
             If a violation of a condition of a variance occurs, the Planning and Development Director may revoke the Certificate of Occupancy.
          4. (4)
             In the event that any such condition is held invalid, for any reason, such holding shall have the effect of invalidating the variance granted and shall render the variance null and void.
       8. h.
          Duration. The variance may be issued for an indefinite duration or for a specified duration only. Unless otherwise specified, construction or operation shall be commenced within twelve (12) months of the date of issuance of a variance, or the variance shall become void.
    5. 5.
       Appeals

       1. a.
          Applicable. See Section 3.5.C, Appeals.
    6. 6.
       Procedures for Specific Variances

       1. a.
          Watershed/Stormwater (Major & Minor)

          1. (1)
             See Subsec. 9 – Environmental Provisions
       2. b.
          Flood Hazard Variance

          1. (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 that the variance is the minimum necessary to preserve the historic character and design of the structure.
          2. (2)
             Functionally dependent facilities if determined to meet the definition as stated in Subsec. 12 - Definitions of this Ordinance, provided provisions of this Section have been satisfied, and such facilities are protected by methods that minimize flood damages.

             1. (1)
                Any other type of development provided it meets the requirements stated in this Section.
          3. (3)
             A written report addressing each of the above factors shall be submitted with the application for a variance.
          4. (4)
             Upon consideration of the factors listed above and the purposes of this Ordinance, the appeal board may attach such conditions to the granting of variances as it deems necessary to further the purposes of this Ordinance.
          5. (5)
             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 that such construction below the Base Flood Elevation increases risks to life and property, and that the issuance of a variance to construct a structure below the Base Flood Elevation will result in increased premium rates for flood insurance up to twenty-five dollars ($25.00) per one hundred dollars ($100.00) of insurance coverage. Such notification shall be maintained with a record of all variance actions, including justification for their issuance.
          6. (6)
             The Floodplain Administrator 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.
          7. (7)
             Conditions for Variances:

             1. (a)
                Variances shall not be issued when the variance will make the structure in violation of other federal, state, or local laws, regulations, or ordinances.
             2. (b)
                Variances shall not be issued within any designated floodway or non- encroachment area if the variance would result in any increase in flood levels during the base flood discharge.
             3. (c)
                Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.
             4. (d)
                Variances shall only be issued prior to development permit approval.
             5. (e)
                Variances shall only be issued upon:

                1. i.
                   A showing of good and sufficient cause;
                2. ii.
                   A determination that failure to grant the variance would result in exceptional hardship; and
                3. iii.
                   A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, or extraordinary public expense, create nuisance, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances.
          8. (8)
             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 provided that all of the following conditions are met:

             1. (a)
                The use serves a critical need in the community.
             2. (b)
                No feasible location exists for the use outside the Special Flood Hazard Area.
             3. (c)
                The reference level of any structure is elevated or floodproofed to at least the Regulatory Flood Protection Elevation.
             4. (d)
                The use complies with all other applicable federal, state, and local laws.
             5. (e)
                The County of Guilford has notified the Secretary of the North Carolina Department of Crime Control and Public Safety of its intention to grant a variance at least thirty (30) calendar days prior to granting the variance. 

Effective on: 11/7/2024

24. X.
    VESTED RIGHTS

    1. 1.
       Applicability

       1. a.
          A vested right establishes the right to undertake and complete the development and use of a property on substantial expenditures as set forth in G.S. § 160D-108.
       2. b.
          Vested Right Runs with Property. A zoning vested right is not a personal right but shall attach to and run with the applicable property. After approval of a Site-Specific Vesting Plan, all successors to the original landowner shall be entitled to exercise such right while applicable.
       3. c.
          Types of Vested Rights. Vested Rights may be granted for the following development activities:

          1. (1)
             Site-Specific Vesting Plans
          2. (2)
             Building Permits
          3. (3)
             Multi-phased Developments
          4. (4)
             Development Agreements
    2. 2.
       Establishment of a Zoning Vested Right for Site-Specific Vesting Plans

       1. a.
          Establishment of Vested Right. A zoning vested right shall be deemed established upon the valid approval, or conditional approval, by the appropriate approval authority as specified in Table 3.3, of a Site-Specific Vesting Plan, following notice and legislative hearing by the Planning Board.
       2. b.
          Approval of Site-Specific Vesting Plan

          1. (1)
             The approving authority may approve a Site-Specific Vesting Plan upon such terms and conditions as may reasonably be necessary to protect the public health, safety and welfare.
          2. (2)
             Approval of a Site-Specific Vesting Plan with the condition that a variance be obtained shall not confer a zoning vested right unless and until the necessary variance is obtained.
          3. (3)
             Effective Date of Approval. A Site-Specific Vesting Plan shall be deemed approved upon the effective date of the approval authority’s action or ordinance relating thereto.
          4. (4)
             Effect of Additional, New or Amended Regulations. The establishment of a zoning vested right shall not preclude the application of overlay zoning that imposes additional requirements but does not affect the allowable type or intensity of use, or ordinances or regulations that are general in nature are applicable to all property subject to land use regulation by the Jurisdiction including, but not limited to, building, fire, plumbing, electrical and mechanical codes. Otherwise, the application of new or amended regulations shall become effective with respect to property that is subject to a Site-Specific Vesting Plan upon the expiration or termination of the vested right in accordance with this Ordinance.
       3. c.
          Vested Right Runs with Property

          1. (1)
             A zoning vested right is not a personal right but shall attach to and run with the applicable property. After approval of a Site-Specific Vesting Plan, all successors to the original landowner shall be entitled to exercise such right while applicable.
          2. (2)
             Approval Procedures

             1. (a)
                Notice and Legislative Hearing

                1. i.
                   Notice of any proposed approval for a zoning vested right shall be as provided in this Section. The Planning Board shall hold a legislative hearing on the matter before the approval authority, as noted in Table 3.3 below, decides the case.

24.  
    2.  
       3.  
          3. (3)
             Plans Not Vested

             1. (a)
                Conceptual Plans: Because the following plans frequently lack sufficient detail, they are not vested under this Ordinance:

                1. (i)
                   A Planned Development-Residential or Planned Development-Mixed sketch plan; or
                2. (ii)
                   A subdivision sketch plan.
                3. (iii)
                   Plans Not Relating to Type and Intensity of Use.
                4. (iv)

                   The following types of plans are reviewed and approved under Statutes not related to the type and intensity of use in the context of G.S. § 160-D-108 and, therefore, are not considered vested in the meaning of this Ordinance:

                   Soil erosion and sedimentation control plans.

                   Utility and street construction plans

          4. (4)
             Compliance

             1. (a)
                Conformance Review

                1. (i)
                   Following approval or conditional approval of a Site-Specific Vesting Plan, nothing in this Ordinance shall exempt such a plan from subsequent reviews and approvals to ensure compliance with the terms and conditions of the original approval, provided that such reviews and approvals are not inconsistent with the original approval.
          5. (5)
             Noncompliance

             1. (a)
                Nothing in this Ordinance shall prohibit the revocation of the original approval or other remedies for failure to comply with applicable terms and conditions of the approval of this Ordinance.
    3. 3.
       Establishment of Vested Rights for Building Permits

       1. a.
          A building permit shall not expire or be revoked because of the running of time while a zoning vested right under this Section is outstanding.
    4. 4.
       Establishment of Vested Rights for Multi-phased Developments

       1. a.
          A proposed project must meet all following criteria to qualify as a multi-phased development.

          1. (1)
             The proposed land area must be one hundred (100) acres or more.
          2. (2)
             At site plan submittal, plans must indicate that construction will occur in multiple phases.
          3. (3)
             The development must be subject to a master development plan with commitments including an offer of land for public use as a condition of approval.
       2. b.
          Multi-phased developments shall be vested at the time of site plan approval for the initial phase of development.
    5. 5.
       Establishment of Vested Rights for Development Agreements​​​​​​​

       1. a.
          ​​​​​​​A development agreement may specify a reasonable duration of vested right.
    6. 6.
       Termination.

       1. a.
          A zoning right that has been vested as provided in this Ordinance shall terminate:

          1. (1)
             At the end of the applicable vesting period with respect to buildings and uses for which no valid building permit application has been filed.
          2. (2)
             With the written consent of the affected landowner.
          3. (3)
             Upon findings by the Board of Commissioners that natural or man-made hazards on or in the immediate vicinity of the property, if uncorrected, would pose a serious threat to the public health, safety, and welfare if the project were to proceed as contemplated in the Site-Specific Vesting Plan.
          4. (4)
             Upon payment to the affected landowner of compensation for all costs, expenses, and other losses incurred by the landowner, including, but not limited to, all fees paid in consideration of financing, and all architectural, planning, marketing, legal, and other consultant's fees incurred after approval by the Jurisdiction together with interest thereon at the legal rate until paid. Compensation shall not include any diminution in the value of the property which is caused by such action.
          5. (5)
             Upon findings by the Board of Commissioners that the landowner or his representative intentionally supplied inaccurate information or made material misrepresentations which made a difference in the approval by the approval authority of the Site-Specific Vesting Plan.
          6. (6)
             The enactment or promulgation of a State or federal law or regulation that precludes development as contemplated in the approved vested right, in which case the local government may modify the affected provisions, upon a finding that the change in State or federal law has a fundamental effect on the plan, after notice and an evidentiary hearing.

Effective on: 11/6/2025