As an elected, legislative body, the Board of Commissioners performs planning and development functions, as authorized by various enabling provisions of the North Carolina General Statutes, and as specified below. This section supplements Chapter 31 of the code of ordinances.

   (A)   Duties and responsibilities. The Board of Commissioners performs the following duties:

      (1)   Appoints the Planning Board and the Board of Adjustment. Craven County Board of Commissioners shall appoint extraterritorial jurisdiction members of the Planning Board and the Board of Adjustment;

      (2)   Upon recommendation by the Planning Board, adopts, implements and amends a comprehensive land use plan and a CAMA land use plan, which establish long-range goals, objectives and policies regarding future development of the city;

      (3)   Adopts, amends and implements other specialized plans, programs and policies for functional topics like transportation, recreation, open space, capital improvements and the like;

      (4)   Adopts, amends and implements more-detailed area plans for smaller geographic areas, as well as policies related to special land use issues;

      (5)   By ordinance, adopts and amends regulations relating to zoning, subdivision of land and other private development activities;

      (6)   In considering proposed changes in the text of the UDO or to the zoning map, including, but not limited to, a general rezoning, or rezoning to a Conditional Zoning District, the Board of Commissioners acts in its legislative capacity and shall review requests for amendments in accordance with the requirements of Chapter 160;

      (7)   Reviews and decides on the approval of major site plans as defined in this chapter;

      (8)   As provided in Chapter 158 of this UDO, the Board of Commissioners is authorized to decide upon the approval of minor subdivision plats in cases where the applicant has been denied plat approval by the Planning Director and to review and decide upon the approval of major subdivision preliminary plats;

      (9)   Reviews and decides upon requests for waivers to the provisions of subdivision standards in accordance with the standards delineated in the waiver section of Chapter 158; and

      (10)   Establishes rules and procedures for the enforcement and administration of the UDO.

   (B)   Conflicts of interest.

      (1)   A governing board member shall not vote on any legislative decision regarding a development regulation adopted pursuant to G.S. Ch. 160D where the outcome of the matter being considered is reasonably likely to have a direct, substantial, and readily identifiable financial impact on the member.

      (2)   A governing board member shall not vote on any zoning amendment if the landowner of the property subject to a rezoning petition or the applicant for a text amendment is a person with whom the member has a close familial, business, or other associational relationship.

(Ord. passed 7-25-2011; Ord. 21-O-04, passed 6-28-2021)

   (A)   Established. There is hereby established a Planning Board for the city, subject to the terms and conditions of this chapter. The Board shall hereinafter be referred to as the “Planning Board”.

   (B)   Organization; rules and records. The Planning Board annually shall elect one of its members as Chairperson and create and fill the other offices as it may determine. The term of the Chairperson and other officers shall be one year, with eligibility for re-election. The Planning Board shall adopt rules for transactions of its business and shall keep record of its members’ attendance and of its resolutions, discussions, findings and recommendations, which record shall be a public record.

      (1)   A copy of the “Rules of Procedure for the Havelock Planning Board” shall be filed with the City Clerk and posted on the City’s website.

   (C)   Duties and responsibilities. As an appointed, advisory body, the Planning Board makes recommendations to the Board of Commissioners as generally authorized in this chapter. The Planning Board also has the following additional duties and responsibilities:

      (1)   Initiates studies to identify and analyze land use issues of importance to the city;

      (2)   Prepares and recommends to the Board of Commissioners a comprehensive land use plan and other plans, programs and policies to achieve community goals and objectives;

      (3)   Develops and recommends regulatory ordinances, text amendments and administrative procedures to implement adopted land use plans and policies;

      (4)   Makes recommendations to the Board of Commissioners concerning requests for amendments to the text, maps or other elements of the UDO;

      (5)   Initiates, from time to time, proposals for text or map amendments of the UDO, based on its regulatory reviews, planning studies and comprehensive plan. The Planning Board shall submit its recommendations for revision of the UDO, if any, to the Board of Commissioners;

      (6)   Holds public hearings and makes recommendations to the Board of Commissioners concerning requests for major site plan approvals;

      (7)   Holds public hearings and makes recommendations to the Board of Commissioners concerning proposed changes in the text of the UDO or to the zoning map, including, but not limited to, a general rezoning, or rezoning to a Conditional Zoning District in accordance with Chapter 160;

      (8)   Holds public hearings and makes recommendations to the Board of Commissioners concerning major subdivision plats in accordance with Chapter 158;

      (9)   Informs and advises the general public regarding planning and zoning matters through meetings, hearings, advertisements, publications and other appropriate methods of communication;

      (10)   Coordinates planning activities with other jurisdictions’ planning boards and commissions;

      (11)   Appoint advisory committees as it may deem necessary for its work, including special committees to assist it in the study of specific questions and problems. Members of the advisory committees shall sit as nonvoting members of the Planning Board when such issues are being considered and lend their talents, energies and expertise to the Planning Board. However, all formal recommendations to the Board of Commissioners shall be made by the Planning Board; and

      (12)   Performs any other duties assigned by the Board of Commissioners.

      (1)   The Planning Board shall establish a regular meeting schedule, and meet frequently enough so that it can take action in conformity with the review procedures delineated in the UDO and in accordance with the adopted “Rules of Procedure for the Havelock Planning Board”.

      (2)   All Planning Board meetings shall be open to the public, and the agenda for each Board meeting shall be made available in advance of the meeting by posting on the City's website.

   (E)   Quorum and voting.

      (1)   A quorum for the Planning Board shall consist of a majority of the Board membership (excluding vacant seats). A quorum is necessary for the Planning Board to take official action.

      (2)   All actions of the Planning Board shall be taken by majority vote, a quorum being present.

      (3)   A roll call vote shall be taken upon the request of any member. Once a member is physically present at a Planning Board meeting, any subsequent failure to vote shall be recorded as an affirmative vote unless the member has been excused in accordance with division (E)(4) below or has been allowed to withdraw from the meeting in accordance with division (E)(5) below.

      (4)   A member may be excused from voting on a particular issue by majority vote of the remaining members present under the following circumstances:

         (a)   If the member has a direct financial interest in the outcome of the matter at issue;

         (b)   If the matter at issue involves the member’s own official conduct;

         (c)   If participation in the matter might violate the letter or spirit of a member’s code of professional responsibility; or

         (d)   If a member has close personal ties to the applicant that the member cannot reasonably be expected to exercise sound judgment in the public interest.

      (5)   A member may be allowed to withdraw from the entire remainder of a meeting by majority vote of the remaining members present for any good and sufficient reason other than the member’s desire to avoid voting on matters to be considered at that meeting.

      (6)   Extraterritorial members shall have equal rights, privileges and duties with the other members of the Planning Board regardless whether the matters at issue arise within the City or within its extraterritorial area.

      (1)   A board member shall not vote any advisory or legislative decision regarding a development regulation adopted pursuant to G.S. Ch. 160D where the outcome of the matter being considered is reasonably likely to have a direct, substantial, and readily identifiable financial impact on the member.

      (2)   A board member shall not vote on any zoning amendment if the landowner of the property subject to a rezoning petition or the applicant for a text amendment is a person with whom the member has a close familial, business, or other associational relationship.

      (3)   A board member shall not vote on any zoning amendment if the applicant for a text amendment is a person with whom the member has a close familial, business, or other associational relationship.

(Ord. passed 7-25-2011; Ord. 21-O-04, passed 6-28-2021)

   (A)   Established. There is hereby established a Board of Adjustment for the city, subject to the terms and conditions of the UDO as specified. The Board shall hereinafter be referred to as the “Board of Adjustment”.

   (B)   Authority.

      (1)   As an appointed, quasi-judicial body, the Board of Adjustment hears and decides appeals, special use permits, variance requests, errors and omissions, and requests for interpretations from the code of ordinances as authorized by G.S. §§ 160D-302 and 160D-705

      (2)   The Board of Adjustment may subpoena witnesses and compel the production of evidence. If a person fails or refuses to obey a subpoena issued by the Board of Adjustment, the Board of Adjustment may apply to the General Court of Justice for an order requiring that its order be obeyed, and the court shall have jurisdiction to issue these orders after notice to all proper parties.

   (C)   Power and duties. The Board of Adjustment shall carry out the duties outlined in Chapter 159. Specifically, the Board of Adjustment shall hear and decide:

      (1)   Appeals from any order, decision, requirement or interpretation made by the Zoning Administrator or Building Inspector;

      (2)   Applications for general variances, or applications for variances from the requirements of Chapters 155 through 158 (use regulations, development standards, environmental regulations, design and performance regulations);

      (3)   Applications for special use permits;

      (4)   Questions involving interpretations of the zoning map as defined in Chapter 154, including disputed district boundary lines and lot lines;

      (5)   Applications (upon appeal) for variances from the provisions set forth in Chapter 161, including enlargement, increase or extension of a nonconforming use;

      (6)   Correct errors and omissions made by the Zoning Administrator and/or Building Inspector that will vary the intent of this UDO; and

      (7)   Any other matter the Board is required to act upon by any other city ordinance; and

      (8)   In considering the matters in divisions (C)(1) through (7) above, the Board of Adjustment shall act in its quasi-judicial capacity.

      (1)   Four of the regular members and two alternates shall reside within the city limits and shall be appointed by the Board of Commissioners for initial terms of three years. The other one regular member and one alternate shall reside within the extraterritorial jurisdiction of the city and shall be appointed by the Craven County Board of Commissioners for initial terms of three years. Upon expiration of the term of each extraterritorial member, a successor extraterritorial member shall be appointed only if the remaining total number of extraterritorial members on the Board of Adjustment is less than the number of extraterritorial members required by G.S. § 160D-307. If the remaining total number of extraterritorial members on the Board of Adjustment is equal to or greater than the number of extraterritorial members required by G.S. § 160D-307, then the Board of Commissioners shall appoint a successor who resides within the city limits. However, at least one regular member and at least one alternate member of the Board of Adjustment shall be extraterritorial members. The total number of extraterritorial members shall be evaluated annually and following any extension of the extraterritorial jurisdiction of the city to ensure proportionate representation based on population for residents of the extraterritorial area as required by G.S. § 160D- 307. Successor extraterritorial members shall be appointed by the County Board of Commissioners for terms of three years or less to create staggered terms, and other successor members shall be appointed by the Board of Commissioners for terms of three years or less to create staggered terms, to the end that thereafter the terms of all members shall not expire at the same time.

      (2)   All members of the Board of Adjustment shall serve without compensation. Vacancies occurring for reasons other than expiration of terms shall be filled as they occur for the period of the unexpired term by the Board of Commissioners for the area within the city limits and by the County Board of Commissioners for the area outside of the city limits, but within the extraterritorial jurisdiction.

      (3)   Extraterritorial members shall have equal rights, privileges and duties with the other members of the Board of Adjustment regardless whether the matters at issue arise within the city or within its extraterritorial area.

      (4)   Alternate members who reside within the city limits shall serve only in the absence of regular members who reside within the city limits, and alternate members who reside in the extraterritorial area of the city shall serve only in the absence of regular members who reside within the extraterritorial area of the city.

      (5)   Members of the Board present at the hearing of an appeal or application but who are not sitting on the five-member panel shall not participate in the interrogation of applicants or witnesses, nor shall they deliberate or comment upon the appeal or application or any questions raised thereby.

      (6)   In the event the Craven County Board of Commissioners fails to make the appointments provided for in this section within 90 days after receipt of a resolution from the City Board of Commissioners, the City Board of Commissioners may thereupon make the appointments.

      (7)   Any member of the Board of Adjustment shall be removed for cause (including, but not limited to, neglect of duty, malfeasance, misconduct or failure to faithfully attend meetings) by the Board of Commissioners upon written charge and after a public hearing.

   (E)   Officers. The Board of Adjustment annually shall by majority vote of its membership (excluding vacant seats), elect one of its members to serve as Chair and preside over the Board’s meetings and one member to serve as Vice Chair. The Board of Adjustment shall annually appoint a Secretary, who may be an employee of the city or a member of the Board, and the other subordinates as may be authorized by the Board of Commissioners. The persons so designated shall serve in these capacities for terms of one year or until their successors are elected. Nothing herein shall be interpreted so as to forbid the officers from being elected to succeed themselves. Officer vacancies may be filled for the unexpired terms only by a majority vote of the Board membership (excluding vacant seats). The Chair or any member temporarily acting as Chair may administer oaths to witnesses coming before the Board. The Chair and Vice Chair of the Board of Adjustment may take part in all deliberations and may vote on all issues.

   (G)   Quorum. A quorum is necessary for the Board of Adjustment to take official action. A quorum shall consist of five members of the Board and for which one of the five members must be a member from the city’s extraterritorial jurisdiction. Each appeal or application to the Board shall be deliberated and voted upon by five members of the Board and, in the absence of a regular member, alternate members whose terms of office have the earliest expiration date shall fill the remaining seats on the five member panel in the order of the expiration dates, and where two or more of the members terms of office shall expire on the same date, then the order of priority for sitting on the panel shall be determined, as between or among those members, by the alphabetical order of their surnames, but in no case shall more than five members of the Board deliberate and vote upon any appeal or application. A member who has withdrawn from the meeting without being excused as provided in division (H) below shall be counted as present for purposes of determining whether a quorum is present.

   (H)   Voting. The concurring vote of four-fifths of the members of the Board shall be necessary to reverse any order, requirement, decision or determination of the administrative officer, or to decide in favor of the applicant any matter upon which it is required to pass under any ordinance or to grant any variance. For the purposes of this section, vacant positions on the Board and members who are disqualified from voting on a quasi-judicial matter shall not be considered “members of the Board” for calculation of the requisite super-majority if there are no qualified alternates available to take the place of the members. All other actions of the Board shall be taken by majority vote, a quorum being present.

      (1)   Once a member is physically present at a Board meeting, any subsequent failure to vote shall be recorded as an affirmative vote unless the member has been excused in accordance with division (H)(2) below or has been allowed to withdraw from the meeting in accordance with division (H)(3) below.

      (2)   A member may be excused from voting on a particular issue by majority vote of the remaining members present under the following circumstances:

         (a)   If the member has a direct financial interest in the outcome of the matter at issue;

         (b)   If the matter at issue involves the member’s own official conduct;

         (c)   If participation in the matter might violate the letter or spirit of a member’s code of professional responsibility; or

         (d)   If a member has a close familial or financial relationship with the applicant or the adjacent property owners so that the member cannot reasonably be expected to exercise sound judgment in the public interest.

      (3)   A member may be allowed to withdraw from the entire remainder of a meeting by majority vote of the remaining members present for any good and sufficient reason other than the member’s desire to avoid voting on matters to be considered at that meeting.

      (4)   A motion to allow a member to be excused from voting or excused from the remainder of the meeting is in order only if made by or at the initiative of the member directly affected.

      (5)   A roll call vote shall be taken for each motion.

   (I)   Right to an impartial decision maker. Pursuant to the requirements of G.S. § 160D-109(d), a member of the Board of Adjustment shall not participate in or vote on any quasi-judicial matter in a manner that would violate affected persons’ constitutional rights to an impartial decision maker. Impermissible conflicts include, but are not limited to, a member having a fixed opinion prior to hearing the matter that is not susceptible to change, undisclosed ex parte communications, a close familial, business or other associational relationship with an affected person, or a financial interest in the outcome of the matter. If an objection is raised to a member’s participation and that member does not recues himself or herself, the remaining members shall by majority vote rule on the objection.

(Ord. passed 7-25-2011; Ord. 21-O-04, passed 6-28-2021)

   (A)    Duties and responsibilities. The Planning and Inspections Department serves as the lead agency for the overall administration of the UDO and serves as the primary professional staff of the Planning Board and Board of Adjustment.

      (1)   The Director of the Planning and Inspections Department or designee performs the following duties:

         (a)   Supervises the various activities of the department;

         (b)   Develops and maintains the comprehensive plan, area plans, other specialized plans, policies and regulations for plan implementation;

         (c)   Provides recommendations to the Planning Board, Board of Adjustment, Board of Commissioners and City Manager on all permits and approvals;

         (d)   Provides administrative assistance to special boards, committees and commissions;

         (e)   Serves as Executive Secretary to the Planning Board; and

         (f)   Performs other functions as may be necessary to effectively administer the city’s overall planning program.

      (2)   Except as otherwise specifically provided, primary responsibility for administering and enforcing the UDO may be assigned to one or more individuals by the Planning Director. The Planning Director may also hold the title of Zoning Administrator if he or she desires. The person or persons to whom these functions are assigned shall be referred to as the “Administrative Officer” or “Zoning Administrator”.

      (3)   The Zoning Administrator is also referred to as the Floodplain Administrator, and is appointed to administer and implement the Flood Damage Prevention provisions of Chapter 156.

      (4)   The Zoning Administrator or designee shall be responsible for the following duties:

         (a)   Establish and publish application procedures for permits, appeals and actions pursuant to the UDO and forms implementing the same;

         (b)   Issue zoning compliance and verification letters;

         (c)   Approve zoning permits and sign permits, pursuant to this chapter;

         (d)   Approve minor subdivision plats, pursuant to Chapter 158;

         (e)   Issue zoning vested rights certificates pursuant to this chapter;

         (f)   Issue all other permits and certificates pursuant to the UDO;

         (g)   Review all development plans and permits to assure that the permit requirements of the UDO have been satisfied;

         (h)   Interpret the applicability of the provisions of the UDO in matters where the text does not clearly provide guidance;

         (i)   Maintain all records pertaining to the provisions of the UDO in the Office of Planning and Inspections and make the records open for public inspection;

         (j)   Periodically inspect properties and activities for which permits have been issued to determine whether the use(s) is being conducted in accordance with the provisions of the UDO;

         (k)   Investigate violations of the UDO;

         (l)   Enforce the provisions of the UDO, as specified in Chapter 162;

         (m)   Serve as Executive Secretary to the Board of Adjustment;

         (n)   Issue notice of violation(s) when required;

         (o)   Use the remedies provided in the UDO to gain compliance;

         (p)   Gather evidence in support of those activities;

         (q)   Receive applications for appeals and waivers and forward the case to the appropriate Board; and

         (r)   Perform other necessary functions to effectively administer the UDO.

      (1)   No staff member shall make a final decision on an administrative decision required by the UDO if the outcome of that decision would have a direct, substantial, and readily identifiable financial impact on the staff member or if the applicant or other person subject to that decision is a person with whom the staff member has a close familial, business, or other associational relationship.

      (2)   If a staff member has a conflict of interest under this section, the decision shall be assigned to the supervisor of the staff person or such other staff person as may be designated by the City Manager.

      (3)   No staff member shall be financially interested or employed by a business that is financially interested in a development subject to regulation under the UDO unless the staff member is the owner of the land or building involved.

      (4)   No staff member or other individual or an employee of a company contracting with the City to provide staff support shall engage in any work that is inconsistent with his or her duties or with the interest of the City.

      (5)   As per G.S. § 160D-1108, additional conflicts for staff members responsible for building inspections include:

         (a)   No inspector shall be financially interested or employed by a business that is financially interested in the furnishing of labor, material, or appliances for the construction, alteration, or maintenance of any building within the City’s planning and development regulation jurisdiction or any part or system thereof, or in the making of plans or specifications therefor, unless he/she is the owner of the building.

         (b)   No inspector shall engage in any work that is inconsistent with his or her duties or with the interest of the City, as determined by the City. Conflict of interest must be found if:

            1.   The inspector has worked for the owner, developer, contractor, or project manager of the project to be inspected within the last two years.

            2.   The inspector is closely related to the owner, developer, contractor, or project manager of the project to be inspected.

            3.   The inspector has a financial or business interest in the project to be inspected.

         (c)   The above provisions do not apply to a firefighter whose primary duties are fire suppression and rescue but who engages in some fire inspection activities as a secondary responsibility of his or her employment as a firefighter, except no firefighter may inspect any work actually done, or materials or appliances supplied, by the firefighter or his or her business within the preceding six years.

(Ord. passed 7-25-2011; Ord. 21-O-04, passed 6-28-2021)

   (A)   Composition. The Technical Review Committee (TRC) consists of representatives from city departments and agencies as appointed by the City Manager. The Planning Director or designee shall serve as Chairperson of the TRC and shall have the authority to invite representatives of additional agencies or city departments for assistance. The Planning Director shall also serve as the recording secretary to the TRC. Ex-officio TRC members may, at the discretion of the City Manager, also include representatives of other local, state and federal agencies as well as representatives of privately-owned utility providers.

   (B)   Duties and responsibilities. The Technical Review Committee shall have the following duties:

      (1)   Review and provide recommendations to the Planning Board regarding approval of site plans in accordance with this chapter;

      (2)   Review and provide recommendations to the Planning Director, Planning Board and Board of Commissioners regarding the approval of minor and major subdivision plats in accordance with the provisions of Chapter 158;

      (3)   Review and provide recommendations to the Planning Board on all applications for rezoning, including a general rezoning and rezoning to a Conditional Zoning District, pursuant to Chapter 160;

      (4)   Review and provide comment on the technical aspects of special use permit applications to the Board of Adjustment in accordance with this chapter;

      (5)   Perform any other related duties that the UDO may authorize or that the Board of Commissioners may direct;

      (6)   Establish a regular meeting schedule and shall meet frequently enough so that it can take action in conformance with the review procedures delineated in the UDO; and

      (7)   May adopt rules and regulations governing its procedures and operations not inconsistent with the provisions of the UDO.

(Ord. passed 7-25-2011)

   (A)   The City Engineer, Director of Public Works and Director of Public Utilities shall be the person, persons or consulting firm authorized by the Board of Commissioners to undertake engineering studies and analyses and to provide recommendations concerning utilities, streets, stormwater management and floodplain management and to perform other duties as authorized in the UDO.

   (B)   Specific responsibilities include:

      (1)   Approve proposed water and sewer systems, stormwater management systems, and street layouts as specified in Chapter 158; and

      (2)   Review erosion and sedimentation control plans as specified in Chapter 156.

   (C)   The conflicts of interest in § 153.04(B) shall apply to the City Engineer, Director of Public Works, Director of Public Utilities, and their staff members in their duties related to development permit approvals.

(Ord. passed 7-25-2011; Ord. 21-O-04, passed 6-28-2021)

   (A)   Limitations on all land and structures. Land shall not be used or occupied and structures shall not be designed, erected, altered, used or occupied except in conformity with all regulations established in the UDO and upon performance of all conditions herein set forth.

   (B)   Limitations on sales and rentals of all land and structures. A person and officer or employee thereof (either as owner or as participating principal, agent, servant or employee of the owner) shall not sell, rent or lease or offer or attempt to sell, rent or lease any land or structure upon the representation, falsely made and known to be false, that the land or structure may be used or occupied in a manner or for a use prohibited by the UDO.

   (C)   Limitations on municipal agencies. A permit, certificate, license or other document, the use of which may be subject to the provisions of this chapter, shall not be issued by any department, agency or board of the city until the Planning Department shall have certified that the use to be made of the permit, certificate, license, other document is in full compliance with the provisions of the UDO.

(Ord. passed 7-25-2011)

   (A)   A person shall not construct, erect or alter a structure, use or occupy a structure, change the use of vacant or occupied land, change the use or floor area of any structure, expand or create a new parking area, change a nonconforming use, or undertake any other activity subject to the UDO, except in accordance with and pursuant to one of the following permits or certificates:

      (1)   A certificate of zoning compliance issued by the Zoning Administrator (see § 153.25);

      (2)   A zoning permit issued by the Zoning Administrator;

      (3)   A special use permit with site plan issued by the Board of Adjustment; or

      (4)   A sign permit issued by Zoning Administrator.

   (B)   Physical improvements to land to be subdivided shall not be commenced except in accordance with subdivision plat approval pursuant to Chapter 158.

   (C)   All permits are issued under the UDO only when a review of the application submitted, including the drawings and plans contained therein, indicates that the construction or development will comply with the provisions of the UDO if completed as proposed. The plans and applications as are finally approved are incorporated into any permit issued, and except as otherwise provided herein, all construction or development shall occur strictly in accordance with the approved plans and applications.

(Ord. passed 7-25-2011) Penalty, see § 10.99

   (A)   Zoning permit exemptions.

      (1)   Residential alterations that do not enlarge the existing building footprint;

      (2)   Installation of landscaping; and

      (3)   Paving walkways or repaving an existing driveway with no expansion.

   (B)   Sign permit exemptions. Signs specifically exempted by Chapter 157.

(Ord. passed 7-25-2011)

   (A)   Applicability.

      (1)   Zoning permit required.

         (a)   A zoning permit shall not be issued for the following uses until a zoning permit application, prepared in accordance with Appendix A, has been approved:

            1.   Home occupations;

            2.   Change of use or new uses within commercial buildings; and

            3.   Temporary uses.

         (b)   Permits in divisions (A)(1)(a)1. and 2. above shall be valid for a period of one year. If the use has not started or a building permit has not been issued and not thereafter canceled, as applicable, the permit shall lapse and become void.

         (c)   Permits in division (A)(1)(a)3. above shall be valid for a period as authorized in Chapter 155.

      (2)   Zoning permit with plot plan required. A zoning permit shall not be issued for the following uses until a plot plan, prepared in accordance with Appendix A, has been approved:

         (a)   Single-family dwelling on a single lot;

         (b)   Manufactured home on a single lot;

         (c)   Two-family dwelling on a single lot;

         (d)   Residential additions or reconstruction;

         (e)   Patios/decks;

         (f)   Fences;

         (g)   Detached accessory structures (such as garages, carports, gazebos and the like);

         (h)   Retaining walls;

         (i)   Swimming pools; and

         (j)   New or enlarged parking areas or driveways, or paving a previously unpaved parking area on single lots used for single-family, manufactured home or two-family dwellings.

      (3)   Zoning permit with minor site plan required. A zoning permit shall not be issued for the following uses until a site plan, prepared in accordance with Appendix A, has been approved:

         (a)   Development of any new multi-family use;

         (b)   Development of any new nonresidential use of 75,000 square feet or less of total floor area;

         (c)   Redevelopment, renovation or alteration of multi-family or nonresidential uses; and

         (d)   New or enlarged parking areas or driveways, or paving a previously unpaved parking area, on multi-family or nonresidential sites.

      (4)   Zoning permit with major site plan required. A zoning permit shall not be issued for the following uses until a site plan, prepared in accordance with Appendix A, has been approved: development of any new multi-family use of five or more total units or nonresidential uses of more than 75,000 square feet of total floor area; or

      (5)   Sign permit required. A sign permit shall not be issued for any sign requiring a permit pursuant to Chapter 157, until a sign permit application, prepared in accordance with Appendix A, has been approved. No sign shall be erected, altered or maintained until a sign permit is issued, except in those instances where the requirement for a zoning permit is expressly waived.

   (B)   Exception. The Zoning Administrator may waive the requirement for a site plan or a plot plan if, in the Zoning Administrator’s judgment, it is determined that it is not necessary to complete the review of the permit application.

   (C)   Timing and submission. Requests for a zoning or sign permit shall be submitted to the Zoning Administrator by filing an application form. Plot plans and site plans shall be submitted to the Zoning Administrator in conjunction with the zoning permit application.

   (D)   Coordination with other procedures. To lessen the time required to obtain all necessary approvals, the plot plan and site plan approval process may run concurrently with building plan review or other applications for approvals required for the particular project.

   (E)   Zoning permit review and approval. The Zoning Administrator shall issue the zoning permit unless the Administrator determines, after reviewing the application and consulting with the applicant, that:

      (1)   The requested permit is not within the authority of the Zoning Administrator according to the Table of Permitted Uses;

      (2)   The application is incomplete; or

      (3)   If completed as proposed in the application, the development will not comply with one or more requirements of the UDO.

   (F)   Site plan and plot plan review and approval.

      (1)   Site plan and plot plan compliance. Site plans and plot plans shall contain all applicable information listed in Appendix A. Site plans may serve as the preliminary subdivision plat if developed to required standards, according to Chapter 158.

      (2)   Approval of site/plot plan. The site plan or plot plan shall be approved when it meets all requirements of the UDO or proper waivers and/or variances are obtained.

      (3)   Approval authority.

         (a)   Plot plans submitted with zoning permit applications shall be approved by the Zoning Administrator.

         (b)   Minor site plans submitted with zoning permit applications shall be approved by the Zoning Administrator.

         (c)   Major site plans submitted with zoning permit applications shall be approved by the Board of Commissioners.

         (d)   Site plans submitted with special use permit applications shall be approved by the Board of Adjustment.

         (e)   Plot plans and site plans may be referred to other city departments for review and recommendations.

      (4)   Conditional site plan approvals. If the site plan is granted conditional approval, the applicant shall revise and resubmit the site plan. The Zoning Administrator shall review the revised site plan and, if it meets all the approval conditions and is otherwise substantially unaltered, shall signify on the plan the change from conditional approval to approval. If the site plan is not revised within 60 days from the date of conditional approval, or the applicant notifies the Zoning Administrator that he or she is unwilling to revise the site plan, it shall be deemed denied.

      (5)   Site plans with street and utility construction.

         (a)   Plans. 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 applicable authority following conditional approval or approval of the site plan. A recommendation from the City Engineer is required prior to the approval of street and utility construction plans. For each phase of the 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.

         (b)   No construction without plan approval. None of the improvements listed above shall be constructed until the street and utility construction plans for the improvements have been reviewed and approved by the applicable authority.

         (c)   Inspections. Work performed pursuant to approved street and utility construction plans shall be inspected and approved by the appropriate authority.

         (d)   Detention ponds and soil erosion and sedimentation control devices installation. Any approved wet detention pond(s) and soil erosion and sedimentation control device(s) may be installed prior to approval of street and utility construction plans.

      (6)   Detailed design requirements with site plans.

         (a)   Detailed or technical design requirements and construction specifications relating to various types of improvements (streets, utilities and the like) are set forth in Chapters 156 through 158 and Appendices A through C.

         (b)   It is not necessary that the permit application contain the type of detailed construction drawings that would be necessary to determine compliance with these sections or appendices, so long as the plans provide sufficient information to allow the permit-issuing authority to evaluate the application in the light of the substantive requirements set forth in the text of the UDO. However, whenever the UDO requires a certain element of a development to be constructed in accordance with the detailed requirements set forth in one or more of these sections or appendices, then no construction work on the element may be commenced until detailed construction drawings have been submitted to and approved by the NCDOT, the applicable utility provider, or other appropriate approval authority.

         (c)   Failure to observe this requirement may result in permit revocation, denial of final subdivision plat approval, or other penalty as provided in Chapter 162.

   (G)   Sign permit review and approval. The Zoning Administrator shall issue the sign permit unless the Administrator determines, after reviewing the application and consulting with the applicant, that:

      (1)   The requested permit is not in compliance with the requirements of Chapter 157; or

      (2)   The application is incomplete.

(Ord. passed 7-25-2011; Ord. 21-O-04, passed 6-28-2021)

   (A)   Submission. Unless otherwise specified, all applications for permits under the UDO shall be submitted by the owner of the property or structure or the authorized agent of the owner to the Zoning Administrator. The Zoning Administrator may require reasonable proof of agency from any person submitting an application as an agent.

   (B)   Form of submission. An application for any permit under the UDO shall be submitted in a form, number of copies and format as specified in the appropriate section of the UDO, together with the fees as required.

   (C)   Waiver of submission requirements. The Zoning Administrator may waive submission of required elements of information when, in the Administrator’s opinion, the information is otherwise unavailable or is not necessary to review the application. The Zoning Administrator may refuse to process an incomplete application.

   (D)   Processing. All applications for permits shall be submitted, reviewed and processed in accordance with the requirements of the UDO.

   (E)   Approved plans. A copy of required plans or information submitted with the application shall be returned to the applicant after the Zoning Administrator has marked the copy either approved or disapproved and attested to same. A similarly marked copy shall be retained by the Zoning Administrator.

   (F)   Federal, state or county permits required. A permit for any building or use for which a federal, state or county permit is required shall not be issued until the permit or approval has been issued by the appropriate federal, state or county department.

   (G)   Permit issuance. The issuance of a zoning, sign or special use permit authorizes the recipient to commence the activity resulting in a change in use of the land or structure, or (subject to obtaining a building permit), to commence work designed to construct, erect, move or substantially alter buildings or other substantial structures. However, except as provided in §§ 153.15 and 153.16, the intended use may not be commenced and no building may be occupied until all of the requirements of the UDO and all additional requirements imposed pursuant to the issuance of a special use permit, as applicable, have been complied with.

   (H)   Permit compliance.

      (1)   Periodic inspections. The Zoning Administrator shall have the right, upon presentation of proper credentials, or inspection warrant, if necessary, to enter on any premises within the city’s zoning jurisdiction at any reasonable hour for the purposes of inspection, determination of plan compliance or other enforcement action.

      (2)   Investigations. The Zoning Administrator shall have the power to conduct the investigation as may reasonably deemed necessary to carry out his or her duties as prescribed in the UDO, and for this purpose to enter at reasonable times upon any property, public or private, for the purpose of investigating and inspecting the sites of any complaints or alleged violations of the UDO.

      (3)   Written statements. The Board of Commissioners or its agent shall also have the power to require written statements, certificates and certifications or the filing of reports under oath, with respect to pertinent questions relating to complaints or alleged violations of the UDO.

(Ord. passed 7-25-2011)

   (A)   Applicability. Permission may be granted by the Board of Adjustment for the establishment of uses listed as special uses on the Table of Permitted Uses in Chapter 155.

   (C)   Concurrent rezoning. If a rezoning is to be requested in connection with the request for a special use permit, complete applications for both processes must be filed concurrently with the Zoning Administrator. The rezoning request will proceed first through the appropriate rezoning process, pursuant to Chapter 160, with final approval by the Board of Commissioners (BOC). Upon BOC approval, the application for a special use permit will proceed through its normal approval process, pursuant to this chapter.

   (D)   Application. Applications for special use permits shall include a site plan as specified in § 153.10(F).

   (E)   Review and approval. The review process for a special use permit request shall include:

      (1)   Planning and Inspections Department and Technical Review Committee review; and

      (2)   Evidentiary hearing held by, and subsequent action by, the Board of Adjustment in accordance with the provisions of this chapter.

      (1)   The Planning and Inspections Department and Technical Review Committee (TRC) shall:

         (a)   Review the application for details, where applicable, of the site, situation, existing and proposed structures, architectural plans, neighboring land and water uses, proposed parking areas, driveway locations, highway access, traffic generation and circulation potential, drainage, waste disposal, water supply systems and the effects of the proposed use, structure, operation and potential changes in water quality, shoreland cover, natural beauty and wildlife habitat;

         (b)   Consider recommending conditions that may be placed in the granting of special use permit by the BOA. These conditions may include landscaping, architectural design, type of construction, construction commencement and proposed completion dates, sureties, lighting, fencing, location, size and number of signs, water supply and waste disposal systems, performance standards, street dedication, certified survey maps, flood-proofing, ground cover, sedimentation control from the project construction, terraces, stream bank protection, planting of buffer screens, operational control, hours of operation, number of employees, improved traffic circulation, deed restrictions, highway access restrictions, yard sizes or additional parking; and

         (c)   Check for compliance of the requested special use with all other relevant provisions of the UDO, such as lot dimensional requirements, building heights, parking and loading standards.

      (2)   When presented to the Board of Adjustment at the evidentiary hearing, the application for a special use permit shall be accompanied by a report setting forth the Planning and Inspections Department’s proposed findings concerning the application’s compliance with § 153.10(F) and the other requirements of the UDO, as well as any staff recommendations for additional requirements to be imposed by the Board of Adjustment.

      (3)   If the Zoning Administrator proposes a finding or conclusion that the application fails to comply with § 153.10(F) or any other requirement of the UDO, the Zoning Administrator shall identify the requirement in question and specifically state supporting reasons for the proposed findings or conclusions.

      (1)   A special use permit shall not be approved until an evidentiary hearing following quasi-judicial procedures has been held by the Board of Adjustment (BOA) in accordance with the provisions of this section. The purpose of the evidentiary hearing is to gather facts, not to solicit citizen opinion. Consequently, the hearing procedures differ from those of a legislative hearing. In an evidentiary hearing, testimony may be provided only by sworn witnesses and written findings of fact and conclusions of law are required.

      (2)   The Zoning Administrator shall provide due notice of any evidentiary hearing following the procedures in § 159.07.

      (3)   At the conclusion of the evidentiary hearing, the BOA may proceed to vote on the permit request or take any other action consistent with its usual rules of procedure. Division (H) below delineates specific actions that the BOA must take on requests for special use permits.

      (4)   The BOA is not required to take final action on a special use permit request within any specific period of time, but it should proceed as expeditiously as practical on permit requests since inordinate delays can result in the applicant incurring unnecessary costs.

      (5)   Subject to division (G)(6) below, the BOA shall approve the requested special use permit unless it concludes, based upon the information submitted at the hearing, that:

         (a)   The requested special use permit is not within its jurisdiction according to the Table of Permitted Uses in Chapter 154;

         (b)   The application is incomplete; or

         (c)   If completed as proposed in the application, the development will not comply with one or more requirements of the UDO, including the standards of the zoning district in which it will be located.

      (6)   Even if the BOA finds that the application complies with all other provisions of the UDO, it may still deny the special use permit request if it concludes, based upon the information submitted at the hearing, that if completed as proposed, the development, more probably than not:

         (a)   Will materially endanger the public health or safety;

         (b)   Will constitute a nuisance or hazards;

         (c)   Will substantially injure the value of adjoining or abutting property;

         (d)   Will not be in harmony with the area in which it is to be located; or

         (e)   Will not be in general conformity with the land use plan or other plans and policies officially adopted by the Board of Commissioners.

      (1)   Following the evidentiary hearing, the Board of Adjustment (BOA) may proceed to vote on the permit request or take any other action consistent with its usual rules of procedure. The BOA, in considering special use permit applications, acts in a quasi-judicial capacity and, accordingly, is required to observe quasi-judicial procedures, including requiring a simple majority vote to issue a special use permit. For purposes of this section, vacant positions on the BOA and members who have been disqualified from voting on a quasi-judicial matter shall not be considered “members of the Board” for calculation of the requisite majority.

      (2)   In considering whether to approve an application for a special use permit, the BOA shall proceed according to the following format.

         (a)   The BOA shall consider whether the application is complete. If the BOA concludes that the application is incomplete and the applicant refuses to provide the necessary information, the application shall be denied. A motion to this effect shall specify either the particular type of information lacking or the particular requirement with respect to which the application is incomplete. A motion to this effect, concurred in by a simple majority vote of the BOA, shall constitute the BOA’s finding on this issue. If a motion to this effect is not made and concurred in by a simple majority vote, this shall be taken as an affirmative finding by the BOA that the application is complete.

         (b)   The BOA shall consider whether the application complies with all of the applicable requirements of the UDO. If a motion to this effect passes by the necessary majority vote, the BOA need not make further findings concerning those requirements.

         (c)   If such a motion fails to receive the necessary majority vote or is not made, then a motion shall be made that the application be found not in compliance with one or more requirements of the UDO. Such a motion shall specify the particular requirements the application fails to meet. A separate vote may be taken with respect to each requirement not met by the application. If the BOA concludes that the application fails to meet one or more of the requirements of the UDO, the application shall be denied.

         (d)   If the BOA concludes that all such requirements are met, it shall issue the permit unless it adopts a motion to deny the application for one or more of the reasons set forth in § 153.13(A). Such a motion shall propose specific findings, based upon the evidence submitted, justifying such a conclusion.

         (e)   Decisions by the BOA on special use permit requests shall be filed in the Office of the Planning and Inspections Department. A copy of the BOA’s decision shall be provided, by first class mail, to the applicant as well as to any parties that have requested a written copy of the BOA’s decision.

         (f)   Decisions of the BOA regarding special use permit requests shall be subject to review by the Superior Court of Craven County by proceedings in the nature of certiorari (see Chapter 162).

      (3)   Pursuant to the requirements of G.S. § 160D-109, a member of the Board of Adjustment shall not participate in or vote on any quasi judicial matter in a manner that would violate affected persons’ constitutional rights to an impartial decision maker. Impermissible conflicts include, but are not limited to, a member having a fixed opinion prior to hearing the matter that is not susceptible to change, undisclosed ex parte communications, a close familial, business or other associational relationship with an affected person, or a financial interest in the outcome of the matter. If an objection is raised to a member’s participation and that member does not recuse himself or herself, the remaining members shall by majority vote rule on the objection.

      (4)   All approved special use permits shall be recorded with the Craven County Register of Deeds and indexed under the record owner’s name as grantor. Nothing authorized by the permit may be done until the record owner of the property provides documentation that indicates that the permit has been recorded.

      (1)   Whenever the Board of Adjustment disapproves a special use permit application, on any basis other than the failure of the applicant to submit a complete application, that action may not be reconsidered by the BOA at a later time unless the applicant clearly demonstrates that:

         (a)   Circumstances affecting the property that is the subject of the application have substantially changed; or

         (b)   New information is available that could not with reasonable diligence have been presented at a previous hearing. A request to be heard on this basis must be filed with the Zoning Administrator within the time period for an appeal to superior court (see Chapter 162). However, such a request does not extend the 30-day period within which an appeal must be taken.

      (2)   The BOA may, however, at any time consider a new application affecting the same property as an application previously denied. A new application is one that differs in some substantial way from the one previously considered.

      (3)   The BOA shall, by a majority vote, make the determination as to whether or not an amended application meets the criteria delineated in division (I)(1) above for a rehearing or qualifies as a new application pursuant to division (I)(2) above.

   (A)   Permission may be granted by the Board of Adjustment (BOA) for the establishment of special uses provided that the BOA finds that the special use:

      (1)   Will not endanger the public health or safety;

      (2)   Will not adversely impact the value of adjoining or abutting property;

      (3)   Will be in harmony with the area in which it is located;

      (4)   Will not be affected adversely by the existing uses;

      (5)   Will not constitute a nuisance or hazard because of the number of persons who will attend or use the facility, vehicular movement, noise or fume generation, or type of physical activity;

      (6)   Will meet all minimum UDO regulations and standards of the zoning district in which it will be located; and

      (7)   Will be in conformity with the land development plan, thoroughfare plan or other plan officially adopted by the Board of Commissioners.

   (B)   Subject to division (C) below, in approving a special use request, the BOA may impose or require the additional restrictions and standards in addition to those specified in the UDO as will ensure that the development in its proposed location will meet the findings listed in division (A) above.

   (C)   However, the BOA may not attach additional conditions that modify or alter the specific requirements set forth in the UDO unless the development in question presents extraordinary circumstances that justify the variation from the specified requirements.

   (D)   Conditions and safeguards imposed shall not include requirements for which the City does not have authority under State statute to regulate. Conditions imposed must be agreed to in writing by the applicant.

   (E)   All additional conditions or requirements shall be specified in the letter of approval issued to the applicant by the Zoning Administrator.

   (F)   All additional conditions or requirements authorized by this section are enforceable in the same manner and to the same extent as any other applicable requirement of the UDO.

   (G)   A vote may be taken on application conditions or requirements before consideration of whether the special use request should be denied for any of the reasons set forth in § 153.12(G)(8) and (9).

(Ord. passed 7-25-2011; Ord. 21-O-04, passed 6-28-2021)

   Chapter 155 lists specific requirements for some uses requiring special use permits. These special use requirements are in addition to those listed in §§ 153.12 and 153.13.

(Ord. passed 7-25-2011)

   (A)   In cases when, because of weather conditions or other factors beyond the control of the zoning permit recipient (exclusive of financial hardship) it would be unreasonable to require the permit recipient to comply with all of the requirements of the UDO before commencing the intended use of the property or occupying any buildings, the Zoning Administrator may authorize the commencement of the intended use or the occupancy of buildings (insofar as the requirements of the UDO are concerned) if the permit recipient provides an adequately secured performance bond valued at 110% of the total cost of required improvements, or other security satisfactory to the Zoning Administrator, to ensure that all of these requirements will be fulfilled within a reasonable period (not to exceed 12 months). The proposed performance bond and security shall be reviewed and approved by the city, however, prior to the Zoning Administrator authorizing the intended use or occupancy.

   (B)   When the Zoning Administrator imposes additional requirements upon the zoning permit recipient, or the BOA imposes additional requirements upon the special use permit recipient, in accordance with § 153.13 or when the developer proposes in the plans submitted to install amenities beyond those required by the UDO, the Zoning Administrator or BOA (as applicable to the specific permit) may authorize the permittee to commence the intended use of the property or to occupy any building before the additional requirements are fulfilled or the amenities installed if it specifies a date by which or a schedule according to which such requirements must be met or each amenity installed and if it concludes that compliance will be ensured as the result of any one or more of the following:

      (1)   A performance bond and security satisfactory to the city is furnished;

      (2)   A condition is imposed establishing an automatic expiration date on the permit, thereby ensuring that the permit recipient’s compliance will be reviewed when application for renewal is made; or

      (3)   The nature of the requirements or amenities is such that sufficient assurance of compliance is given by Chapter 162.

(Ord. passed 7-25-2011)

   (A)   If a development is constructed in phases or stages in accordance with this section, then, subject to division (C) below, the provisions of this chapter shall apply to each phase as if it were the entire development.

   (B)   As a prerequisite to taking advantage of the provisions of division (A) above, the developer shall submit plans that clearly show the various phases or stages of the proposed development and the requirements of the UDO that will be satisfied with respect to each phase or stage.

   (C)   If a development that is to be built in phases or stages includes improvements that are designed to relate to, benefit or be used by the entire development (such as a swimming pool or tennis courts in a residential development) then, as part of his or her application for development approval, the developer shall submit a proposed schedule for completion of the improvements. The schedule shall relate completion of the improvements to completion of one or more phases or stages of the entire development. Once a schedule has been approved and made part of the permit by the Zoning Administrator or BOA, no land may be used, no buildings may be occupied except in accordance with the schedule approved as part of the permit, provided that:

      (1)   If the improvement is one required by the UDO then the developer may utilize the provisions of § 153.15(A); or

      (2)   If the improvement is an amenity not required by the UDO or is provided in response to a condition imposed by the Zoning Administrator or BOA, then the developer may utilize the provisions of § 153.15(B).

   (D)   Vested right. Subject to § 153.24 a multi-phased development is vested for the entire development with the land development regulations in place at the time the site plan approval is granted for the initial phase of the multi-phased development. The development remains vested for a period of seven years from the time the site plan approval is granted

(Ord. passed 7-25-2011 7-25-2011; Ord. 21-O-04, passed 6-28-2021)

   (A)   Except as provided in division (F) below, zoning, sign and special use permits (including approved site or plot plans) shall expire automatically if, within one year after the issuance of the permits:

      (1)   The use authorized by the permits has not commenced, in circumstances where no substantial construction, erection, alteration, excavation, demolition or similar work is necessary before commencement of the use; or

      (2)   Less than ten percent of the total cost of all construction, erection, alteration, excavation, demolition or similar work on any development authorized by the permits has been completed on the site.

   (B)   If, after some physical alteration to land or structures begins to take place, the work is intentionally and voluntarily discontinued for a period of not less than 24 months, then the zoning or special use permit authorizing the work shall immediately expire.

   (C)   The permit-issuing authority (Zoning Administrator, Board of Commissioners or Board of Adjustment, as applicable) may extend for a period up to six months the date when a zoning, sign or special use permit would otherwise expire pursuant to divisions (A) or (B) above if it concludes that: the permit has not yet expired; the permit recipient has proceeded with due diligence and in good faith; and conditions have not changed so substantially as to warrant a new application.

      (1)   Successive extensions may be granted for periods up to six months upon the same findings.

      (2)   All the extensions may be granted without resort to the formal processes and fees required for a new permit.

   (D)   For purposes of this section, the permit within the jurisdiction of the Board of Commissioners or the Board of Adjustment is issued when the applicable permit-issuing authority votes to approve the application and issue the permit. A zoning or sign permit within the jurisdiction of the Zoning Administrator is issued when the earlier of the following takes place:

      (1)   A copy of the fully executed permit is delivered to the permit recipient, and delivery is accomplished when the permit is delivered to the permit applicant; or

      (2)   The Zoning Administrator notifies the permit applicant that the application has been approved and that all that remains before a fully executed permit can be delivered is for the applicant to take certain specified actions, such as having the permit executed by the property owner so it can be recorded, if required under § 153.17.

   (E)   Notwithstanding any of the provisions of Chapter 161, this section shall be applicable to permits issued prior to the date the UDO becomes effective.

   (F)   Special use permits with a vested right established in accordance with § 153.24, shall expire at the end of the two-year vesting period established pursuant to § 153.24.

(Ord. passed 7-25-2011; Ord. 21-O-04, passed 6-28-2021)

   Zoning, sign and special use permits authorize the permittee to make use of land and structures in a particular way. The permits are transferable. However, so long as the land or structures or any portion thereof covered under a permit continues to be used for the purposes for which the permit was granted, then:

   (A)   A person (including successors or assigns of the person who obtained the permit) shall not make use of the land or structures covered under the permit for the purposes authorized in the permit except in accordance with all the terms and requirements of that permit; and

   (B)   The terms and requirements of the permit apply to and restrict the use of land or structures covered under the permit, not only with respect to all persons having any interest in the property at the time the permit was obtained, but also with respect to persons who subsequently obtain any interest in all or part of the covered property and wish to use it for or in connection with purposes other than those for which the permit was originally issued.

(Ord. passed 7-25-2011)

   (A)   Upon petition by a permit holder, administrative minor modifications to an approved conditional zoning district, special use permit, site plan, or other development permit approved by the Board of Commissioners, Board of Adjustment or the Zoning Administrator are permissible. The minor modifications authorized herein are intended to provide relief where conditions, established by the permit granted, create a hardship based upon a unique physical attribute of the property itself or some other factor unique to the property which was not known at the time of permit approval and which subsequently rendered the land difficult or impossible to use due to the condition(s) imposed. The permit holder shall bear the burden of proof to secure the modification(s). Minor modifications shall be limited to changes that the Zoning Administrator determines would not:

      (1)   Change the gross square footage of nonresidential development by more than 5%;

      (2)   Change the lot coverage by more than 5%;

      (3)   Change any use or density;

      (4)   Adjust the landscaping requirements by more than 10%; or

      (5)   Adjust the required parking more than 5%.

   (B)   All other requests for changes in approved site plans will be processed as a modification to the original application. If the requests are to be acted upon by the Board of Commissioners or Board of Adjustment, new conditions may be imposed only on the specific site or area requested to be modified in accordance with § 153.13, but the applicant retains the right to reject the additional conditions by withdrawing his or her request for an amendment and may then proceed in accordance with the previously issued permit.

   (C)   The Zoning Administrator shall determine whether amendments to and modifications of permits fall within the categories set forth above in divisions (A) and (B) above.

   (D)   A property owner requesting approval of changes shall submit a written request for the approval to the Zoning Administrator, which request shall identify the changes. Approval of all changes must be provided to the property owner in writing.

   (E)   A vested right established in accordance with § 153.24 shall not be extended by any amendments or modifications to an approved site specific vesting plan unless expressly provided for by the Board of Commissioners.

(Ord. passed 7-25-2011 7-25-2011; Ord. 21-O-04, passed 6-28-2021)

   See Chapter 162 for revocation of zoning, sign and special use permits.

(Ord. passed 7-25-2011)

   (A)   The recipient or the recipient’s successor of any zoning, conditional zoning or special use permit, shall be responsible for maintaining all common areas, improvements or facilities required by the UDO or any permit issued in accordance with its provisions, except those areas, improvements or facilities with respect to which an offer of dedication to the public has been accepted by the appropriate public authority.

   (B)   As an illustration, and without limiting the generality of the foregoing, this means that private streets and parking areas, water and sewer lines, stormwater facilities, common open space and recreational facilities must be properly maintained so that they can be used in the manner intended, and that required vegetation and trees used for screening, landscaping or shading must be replaced if they die or are destroyed.

(Ord. passed 7-25-2011; Ord. 21-O-04, passed 6-28-2021)

   (A)   To better structure and manage development approvals for multiple-phase developments and to ensure their proper integration into local capital facilities programs, the Board of Commissioners may enter into development agreements with developers, subject to the procedures and requirements of G.S. Ch. 160D, Art. 10.

   (B)   A development agreement may specify that the developer furnish certain public facilities, but it must also provide that the delivery date of these public facilities will be tied to successful performance by the developer in completing the private portion of the development.

   (C)   A development agreement may specify that the project be commenced or completed within a certain period of time.

      (1)   A development must provide a development schedule and include commencement dates and interim completion dates for intervals no greater than five years.

      (2)   The property subject to a development agreement may be of any size.

      (3)   The term of the development agreement shall be of a reasonable term specified in the agreement.

   (D)   A development agreement must be approved by the Board of Commissioners by ordinance. Before entering into a development agreement, the Board of Commissioners shall conduct a legislative hearing following the same legislative hearing procedures and requirements delineated in Chapter 160 for zoning text amendments.

   (E)   The legislative hearing notice shall specify: the location of the property subject to the development agreement; the development uses proposed on the property; and a place where a copy of the proposed development agreement can be obtained.

      (1)   Once executed by the city and the developer, the development agreement must be recorded with the Craven County Register of Deeds.

      (2)   The burdens of the development agreement are binding upon, and the benefits of the agreement shall inure to, all successors in interest to the parties to the agreement.

(Ord. passed 7-25-2011; Ord. 21-O-04, passed 6-28-2021)

   Additional requirements for stormwater management, soil erosion and sedimentation control, flood damage prevention, and coordination with the Army Corps of Engineers regarding wetlands are specified in Chapter 156. Use-specific standards that are applicable to those uses designated in the Table of Permitted Uses are provided in Chapter 155.

(Ord. passed 7-25-2011)

   (A)   A vested right shall be established, upon petition by the owner of the property, after the approval or conditional approval of a site specific vesting plan by the appropriate permit-issuing authority in accordance with the provisions outlined in this section. A right which has been vested as provided for in this section shall, as a general rule, remain valid for two years and shall attach to and run with the land.

      (3)   Site specific vesting plan. A plan which has been submitted to the city by a landowner requesting vesting pursuant to this section and describing in detail the type and intensity of use for a specific parcel or parcels of property. The plan shall be in the form of a site plan required to obtain a zoning or special use permit or a site plan required to obtain a Nontraditional Lot Development and/or Conditional Zoning District Rezoning. The information required by § 153.10(F) and other permit or rezoning application details, as applicable, shall be included. The vesting plan does not include a building permit or variance. The development approvals listed below are determined by the City to be site specific vesting plans:

         (a)   Subdivision plat;

         (b)   Conditional Zoning District plan.

   (C)   A vested right shall be deemed established, following the receipt of a petition from the property owner, upon the effective date of approval of the site specific vesting plan by the appropriate permit-issuing authority. Following the approval of a site specific vesting plan, the Zoning Administrator shall issue a vested right certificate to the landowner which indicates the duration of the vesting period, the conditions, if any, imposed on the approval of the site specific vesting plan, and any other information determined by the Zoning Administrator to be necessary to administer the vested right.

   (D)   A vested right shall confer upon the landowner the right to undertake and complete the development and use of the property as delineated in the approved site specific vesting plan. The appropriate permit-issuing authority may approve a site specific vesting plan upon terms and conditions as may be determined necessary to protect the public health, safety and welfare. Failure of the landowner to comply with the approved terms and conditions shall result in a forfeiture of vested rights.

   (E)   Approval, modification or amendment of a site specific vesting plan by the permit-issuing authority shall follow the procedural requirements for the underlying permit or rezoning approval.

   (F)   A vested right obtained under this section runs with the land and is valid for two to five years, as determined by the Board of Commissioners or other approving authority, from the effective date of approval of a site specific vesting plan. A vested right shall not be extended by any amendments or modifications to an approved site-specific vesting plan unless expressly provided for by permit-issuing authority. A vested right shall expire at the end of the vesting period if no building permit applications have been filed with the city to construct the use or uses proposed in the approved site specific vesting plan. If building permits are issued, the provisions of G.S. §§ 160D-1111 and 160D-1115 shall apply, except that a building permit shall not expire or be revoked because of the lack of progress during the vesting period.

   (G)   A vested right, once established or provided for in this section, precludes any zoning action by the city which would change, alter, impair, prevent, diminish or otherwise delay the development or use of the property as set forth in the approved site specific vesting plan, except:

      (1)   With the written consent of the affected landowner;

      (2)   Upon findings, by ordinance after notice and a public hearing, that natural or man-made hazards 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;

      (3)   To the extent that the affected landowner receives 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 city, 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 that action;

      (4)   Upon findings, by ordinance after notice and a public hearing, that the landowner or his or her representative intentionally supplied inaccurate information or made material misrepresentations which made a difference in the approval by the city of the site specific vesting plan; or

      (5)   Upon the enactment or promulgation of a state or federal law or regulation which precludes development as contemplated in the site specific vesting plan, in which case the city may modify the affected provisions, upon a finding that the change in state or federal law has a fundamental effect on the plan, by ordinance after notice and a public hearing.

   (H)   The establishment of a vested right shall not preclude the application of overlay zoning which imposes additional requirements but does not affect the allowable type or intensity of use, or ordinances or regulations which are general in nature and are applicable to all property subject to land use regulation by the city, including, but not limited to, Building, Fire, Plumbing, Electrical and Mechanical Codes.

   (I)   Notwithstanding any provisions of this section, the establishment of a vested right shall not preclude, change or impair the authority of the city to enforce provisions of the UDO governing nonconforming situations or uses.

   (J)   A vested right obtained under this section 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 those vested rights.

   (K)   The city shall not require a landowner to waive his or her vested rights as a condition of developmental approval.

      (1)   If a land development rule or ordinance is amended between the time a development permit application is submitted and a development permit decision is made, the applicant may choose which adopted version of the rule or ordinance will apply to the permit.

      (2)   If the applicant chooses the rule or ordinance in effect at the time of application submission, he/she will not be required to await the outcome of the rule or ordinance amendment prior to acting on the permit.

      (3)   If a development permit is wrongfully denied or an illegal condition is imposed, as determined by an appeal of the denial or condition imposed, and a development rule or ordinance is amended thereafter, the permit applicant may choose which adopted rule or ordinance will apply to the permit application.

      (4)   Any provision of the permit applicant’s chosen version of the rule or ordinance that is determined to be illegal for any reason shall not be enforced upon the applicant without the written consent of the applicant.

      (5)   If a permit application is placed on hold at the request of the applicant for a period of six consecutive months or more, or the applicant fails to respond to comments or provide additional information reasonably requested by the City for a period of six consecutive months or more, permit choice shall be waived and the development regulation in effect at the time permit processing is resumed shall apply to the application.

(Ord. passed 7-25-2011; Ord. 21-O-04, passed 6-28-2021)

   (A)   A certificate of zoning compliance shall be issued by the Zoning Administrator for all zoning and sign uses exempted from this chapter’s permit requirements, pursuant to § 153.09, as well as all other uses not otherwise requiring a permit approval pursuant to the UDO.

   (B)   The certificate of zoning compliance shall state that the building and/or proposed use of land complies with the provisions of the UDO.

   (C)   The certificate of zoning compliance shall be presented to the City Building Inspector prior to the city’s issuance of a certificate of occupancy.

   (D)   A temporary certificate of zoning compliance may be issued by the Zoning Administrator, for a period not to exceed six months, during alteration or construction for partial occupancy of a building pending completion. The temporary certificate shall bear the dates of issuance and expiration on the certificate, shall be clearly marked “Temporary”, and shall stipulate such conditions and safeguards as will protect the safety of the occupants and the public.

(Ord. passed 7-25-2011)

   (A)   Notice of a development determination shall be given in writing to the owner of the property and to the party who applied for the determination, if different from the owner.

      (1)   The written notice shall be delivered by personal delivery, electronic mail, or by first-class mail. If provided by electronic mail, the document must be protected from further editing.

      (2)   The notice shall be delivered to the last address listed for the owner of the property on the County tax abstract and to the address provided in the application if different from the owner.

(Ord. 21-O-04, passed 6-28-2021)