Table 2.1.2, Summary Development Review Table, identifies the review authority for development applications reviewed under this Ordinance. The table also identifies:

A.

The relevant section of this Ordinance where procedural information may be found;

B.

Whether or not a pre-application conference is mandatory or optional;

C.

If a citizen information meeting is required as part of an application's review procedure;

D.

If a public hearing is required; and

E.

If a required hearing is conducted as a quasi-judicial hearing.

(Ord. No. 7365/17-108, § 1, 11-20-2017; Ord. No. 7712/21-29, § 5.A, 5-19-2021)

Detailed information on each development review procedure is included in Section 2.4, Review Procedures Subject to Decision-Making Body Review and Decision, and Section 2.5, Review Procedures Subject to Staff Review and Decision.

(Ord. No. 7287/17-29, § 2, 4-3-2017; Ord. No. 7365/17-108, § 1, 11-20-2017; Ord. No. 7415/18-44, § 1.A, 5-21-2018; Ord. No. 7476/18-105, §§ 1.A, 2.A, 12-3-2018; Ord. No. 7622/20-38, §§ 1, 22, 8-5-2020; Ord. No. 7679/20-95, § 1, 12-9-2020; Ord. No. 7680/20-96, § 1, 12-9-2020; Ord. No. 7712/21-29, § 5.B, 5-19-2021; Ord. No. 7969/23-17, § 1, 10-2-2023; Ord. No. 8016/24-33, § 1(Pt. D), 7-15-2024)

The following review authorities have powers and responsibilities in administering and reviewing development applications under this Ordinance:

A.

City Council;

B.

Planning and Zoning Commission (P&Z);

C.

Board of Adjustment (BOA);

D.

Historic Preservation Commission (HPC);

E.

Technical Review Committee (TRC);

F.

Urban Forestry Committee (UFC);

G.

Planning and Development Director;

H.

Engineering Services Director;

I.

Public Services Director; and

J.

Transportation Director.

To exercise the authority granted the City Council by State law, the Council shall have the powers and duties under this Ordinance set out in Table 2.2.2, City Council.

(Ord. No. 7712/21-29, § 3.A, 5-19-2021; Ord. No. 7969/23-17, § 2, 10-2-2023; Ord. No. 8016/24-33, § 1(Pt. E), 7-15-2024)

The P&Z is hereby established in accordance with Section 160D-301 of the North Carolina General Statutes. Table 2.2.3, Planning and Zoning Commission (P&Z), sets out the P&Z's powers and duties, composition, and rules of procedure.

(Ord. No. 7266/17-08, § 2, 1-17-2017; Ord. No. 7476/18-105, § 2.B, 12-3-2018; Ord. No. 7712/21-29, §§ 1, 3, 5-19-2021; Ord. No. 7969/23-17, § 3, 10-2-2023; Ord. No. 8016/24-33, §§ 1(Pt. F), 2, 7-15-2024)

The BOA is hereby established in accordance with Section 160D-302 of the North Carolina General Statutes. Table 2.2.4, Board of Adjustment (BOA), sets out the BOA's powers and duties, composition, and rules of procedure.

(Ord. No. 7266/17-08, § 2, 1-17-2017; Ord. No. 7622/20-38, § 2, 8-5-2020; Ord. No. 7712/21-29, §§ 1, 3, 5-19-2021; Ord. No. 8016/24-33, § 3, 7-15-2024)

The HPC is hereby established in accordance with Section 160D-303 of the North Carolina General Statutes. Table 2.2.5, Historic Preservation Commission (HPC), sets out the HPC's powers and duties, composition, and rules of procedure.

(Ord. No. 7266/17-08, § 2, 1-17-2017; Ord. No. 7476/18-105, § 2.C, 12-3-2018; Ord. No. 7712/21-29, §§ 1, 3, 5-19-2021; Ord. No. 8016/24-33, § 4, 7-15-2024)

The TRC is hereby established in accordance with Section 160D-301 of the North Carolina General Statutes. Table 2.2.7, Technical Review Committee (TRC), sets out the TRC's powers and duties, composition, and rules of procedure.

(Ord. No. 7476/18-105, § 3.E, 12-3-2018; Ord. No. 7622/20-38, §§ 3, 22, 8-5-2020; Ord. No. 7679/20-95, § 2.A, 12-9-2020; Ord. No. 7680/20-96, § 2, 12-9-2020; Ord. No. 7712/21-29, §§ 1, 4, 5-19-2021)

The Urban Forestry Committee (UFC) is established to oversee the implementation of the City's urban forestry program, in accordance with the provisions of this Ordinance and Section 160D-301 of the North Carolina General Statutes. Table 2.2.8, Urban Forestry Committee (UFC), sets out the Urban Forestry Committee's powers and duties, composition, and rules of procedure.

(Ord. No. 7712/21-29, §§ 1, 4, 5-19-2021)

Table 2.2.10, Planning and Development Director, sets out the Planning and Development Director's powers and duties under this Ordinance.

(Ord. No. 7476/18-105, § 3.A, 12-3-2018; Ord. No. 7712/21-29, § 4, 5-19-2021; Ord. No. 8016/24-33, § 1(Pt. G), 7-15-2024)

Table 2.2.11, Engineering Services Director, sets out the Engineering Service Director's powers and duties under this Ordinance.

(Ord. No. 7679/20-95, § 2.B, 12-9-2020; Ord. No. 7712/21-29, § 4, 5-19-2021)

Table 2.2.12, Public Services Director, sets out the Public Service Director's powers and duties under this Ordinance.

(Ord. No. 7266/17-08, § 3, 1-17-2017; Ord. No. 7622/20-38, § 12.A, 8-5-2020; Ord. No. 7679/20-95, § 2.C, 12-9-2020; Ord. No. 7712/21-29, § 4, 5-19-2021)

Table 2.2.13, Transportation Director, sets out the Transportation Director's powers and duties under this Ordinance.

(Ord. No. 7622/20-38, § 12.B, 8-5-2020; Ord. No. 7712/21-29, § 4, 5-19-2021)

A.

Overview This section describes the standard procedural steps and rules generally applicable to development applications reviewed under this Ordinance, unless otherwise specified in Section 2.4, Review Procedures Subject to Decision-Making Body Review and Decision or Section 2.5, Review Procedures Subject to Staff Review and Decision. The flow charts of specific procedures in Section 2.4 and Section 2.5 depict the procedural steps that apply to the review of the particular type of development application.

B.

Development Guide The City maintains a Development Guide that includes information for persons submitting applications for development review under this Ordinance.

A.

Purpose The purpose of a pre-application conference is to provide an opportunity for the applicant to learn about the submittal requirements, procedures, and standards applicable to a development application. A pre-application conference is also an opportunity for city staff to become familiar with, and offer preliminary comments about, the scope, features, and impacts of the proposed development, as it relates to the standards in this Ordinance.

B.

Applicability

1.

Pre-Application Conference Required A pre-application conference between the applicant and City staff shall be held before submittal of the following applications:

(a)

Conditional zonings;

(b)

Development agreements;

(c)

Planned developments;

(d)

Reasonable accommodations;

(e)

Special uses;

(f)

Street abandonments.

(g)

Street name changes;

(h)

Text amendments;

(i)

Variances;

(j)

Vested rights certificates;

(k)

Voluntary annexations; and

(l)

Zoning map amendments.

2.

Pre-Application Conference Optional A pre-application conference may be requested and held at the applicant's option for any development application other than those listed in Section 2.3.2 B.1, Pre-Application Conference Required.

C.

Scheduling Applicants shall contact the Planning and Development Department to schedule a pre-application conference.

D.

Effect A completed pre-application conference entitles an applicant to take the next step in the application process.

(Ord. No. 8016/24-33, § 1(Pt. H), 7-15-2024)

A.

Purpose The purpose of the citizen information meeting is to inform landowners and occupants of nearby lands about a development application that is going to be reviewed under this Ordinance, and to provide the applicant an opportunity to hear comments and concerns about the development proposal as a means of resolving conflicts and outstanding issues, where possible.

B.

Favored Practice

1.

Citizen information meetings are encouraged and sometimes required as opportunities for informal communication between applicants and the landowners and occupants of nearby lands, and other residents who may be affected by development proposals.

2.

If a citizen information meeting is conducted, it is preferable to hold it in close proximity to the proposed development.

C.

Applicability A citizen information meeting is required for any of the following applications (unless they are initiated by City Council):

1.

Conditional zoning;

2.

Planned developments;

3.

Special uses; and

4.

Zoning map amendments that propose to establish a more intense zoning district.

D.

Procedure If a citizen information meeting is required, it shall comply with the following procedures:

1.

Timing The applicant shall hold the citizen information meeting at least 23 days prior to consideration of the application by the P&Z, or in the case of a special use, 22 days prior to consideration of the application by City Council.

2.

Form The citizen information meeting can take the form of a meeting, gathering, or a telephone communication between the applicant or the applicant's representative and landowners or other interested parties. Nothing shall prohibit multiple meetings or telephone communications from taking place.

3.

Notification

(a)

Prior to the citizen information meeting, the applicant shall provide notice of the meeting to all landowners of land located within 300 feet of the land subject to the application, as shown on the county tax listing.

(b)

Failure of a party to receive notice of the meeting shall not invalidate the application.

4.

Information Provided The applicant shall provide the following information to those attending a meeting or participating in a telephone call:

(a)

A description of the proposed development;

(b)

Information provided by the Planning and Development Department that describes:

(1)

The purpose of the citizen information meeting;

(2)

The development review procedure(s) the application will follow;

(3)

The potential for changes in the applicant's development proposal as it proceeds through the review process;

(4)

Sources of further information about the development review process; and

(5)

Any additional information that would promote understanding of the development proposal.

5.

Conduct of Meeting At the meeting, the applicant shall explain the development proposal and application, inform attendees about the application review process and the potential for change to the proposal as it proceeds through the process, respond to questions and concerns neighbors raise about the application, and propose ways to resolve conflicts and concerns.

6.

Written Summary At least 22 days before the initial consideration of the application by the P&Z, or in the case of a special use, 21 days prior to consideration of the application by City Council, the applicant shall submit a written summary of the citizen information meeting or telephone call to the Planning and Development Department that includes:

(a)

The date, time, and location of the meeting;

(b)

The method and date of notification about the meeting;

(c)

A list of landowners notified about the meeting;

(d)

A list of meeting attendees;

(e)

If the meeting was conducted as a series of telephone calls;

(f)

The description of the development proposal presented to the attendees; and

(g)

A summary of attendee comments, ideas, and suggestions from citizens to be incorporated into the development proposal.

The written summary shall be included with the application materials and be made available to the public for inspection.

7.

No Meeting Conducted

(a)

Applicants subject to the requirement to conduct a citizen information meeting but who choose not to do so shall include, in writing, the reasons for not conducting a meeting or the activities undertaken in-lieu of conducting a meeting.

(b)

The City Council shall consider an application regardless of whether a required citizen information meeting is conducted.

(Ord. No. 7622/20-38, § 8.B, 8-5-2020)

A.

Authority to File Applications

1.

Unless expressly stated otherwise in this Ordinance, development applications reviewed under this Ordinance shall be submitted by the landowner, contract purchaser, or other person having a recognized property interest in the land on which development is proposed. This requirement shall not apply to appeals made in accordance with Section 2.4.3, Appeal.

B.

Application Content

1.

The Planning and Development Director is authorized to establish the application content and forms, which shall be placed in the Development Guide.

2.

The Planning and Development Director may change requirements for submission of certain required information when, in the Director's opinion, such information is otherwise available or is not necessary to review the application.

C.

Application Fees

1.

The City Council shall establish application fees, and may amend and update those fees as necessary.

2.

No action shall be taken on an application and no application approval shall be issued until all required application fees are paid in full.

3.

No application fee shall be required for appeals initiated by City Council of a zoning map amendment, conditional zoning, or planned development application approved or denied by the P&Z.

D.

Submittal and Review Schedule The Planning and Development Director is authorized to and shall establish specific rules for submittal and review schedules (including time frames for review) for the various types of development applications, which shall be included in the Development Guide.

E.

Application Submittal

1.

Applications shall be submitted to the Planning and Development Director in the form established by the Planning and Development Director, along with the appropriate application fee.

2.

Except for applications initiated by the City Council, no development application requiring approval by the City Council may be filed that includes land subject to a pending appeal being considered by the BOA or the courts.

3.

An application shall not be considered submitted until it has been determined to be complete in accordance with subsection F below.

F.

Determination of Application Completeness

1.

Completeness Review On receiving a development application, the Planning and Development Director shall determine whether the application is complete or incomplete based on the application completeness requirements in the Development Guide.

2.

Application Incomplete If the application is incomplete, the Planning and Development Director shall notify the applicant of the deficiencies in accordance with the Development Guide.

3.

Application Complete On determining that the application is complete, it shall be considered as submitted, and the Planning and Development Director shall commence review in accordance with the procedures and standards of this Ordinance.

G.

Development Permit Applications

1.

Permit Choice

(a)

When a complete application for a development permit, as defined by this Ordinance, is pending final action at the time of an amendment to the regulations of this Ordinance, including zoning district boundaries, the applicant may opt to have the application reviewed under the regulations in effect at the time the application was determined complete, or under the amended regulations.

(b)

Where multiple development permits are required to complete a proposed development, the approval of a certificate of appropriateness, special use, building permit, group development, preliminary plan, site plan or zoning compliance permit establishes the initial development permit required to vest a proposed development in either version of the regulations, provided all subsequent applications for the proposed development are filed within 18 months.

2.

Discontinued Application If a development permit application is placed on hold at the request of the applicant for a period of 6 consecutive months or the applicant fails to respond to comments or provide additional information reasonably requested for a period of 6 consecutive months, then the application shall be discontinued. The applicant may re-apply; however, the application shall be subject to the regulations in effect at the time of the new application submittal.

(Ord. No. 7622/20-38, § 4.B, 8-5-2020; Ord. No. 7969/23-17, § 4, 10-2-2023)

A.

Staff Review

1.

Applications shall be reviewed during the review cycle in place when the application is determined to be complete.

2.

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, if appropriate.

3.

In considering the application, the Planning and Development Director, the TRC, or other city 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.

4.

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.

B.

Staff Report and Recommendation

1.

The Planning and Development Director shall prepare a written staff report on any application listed under Procedures Subject to Decision-Making Body Review and Decision in Table 2.1.2, Summary Development Review Table. The staff report shall conclude whether the application complies with all applicable review standards of this Ordinance, and recommend one of the decisions authorized for the particular type of application, based on the review standards applicable to the application type, in accordance with Section 2.4, Review Procedures. The staff report may identify and recommend conditions of approval addressing how compliance deficiencies might be corrected and how adverse effects of the development application might be mitigated.

2.

A staff report is not required for an application listed under Procedures Subject to Staff Review and Decision in Table 2.1.2, Summary Development Review Table, even though one may be prepared.

C.

Distribution and Availability of Application and Staff Report In cases where a development application is listed under Procedures Subject to Decision-Making Body Review and Decision in Table 2.1.2, Summary Development Review Table, the Planning and Development Director shall take the following actions within a reasonable time period before the application is scheduled for review:

1.

Schedule and ensure any required notice of the application (if appropriate) is prepared in accordance with Section 2.3.6, Public Notification;

2.

Transmit the application, related materials, and staff report to the appropriate review authority;

3.

Transmit a copy of the staff report to the applicant; and

4.

Make the application, related materials, and staff report available for examination by the public in the Planning and Development Department during normal business hours.

D.

Applications Subject to Decision by Staff

1.

Decision In cases where a development application is listed under Procedures Subject to Staff Review and Decision in Table 2.1.2, Summary Development Review Table, the appropriate City staff member shall approve, approve subject to conditions, or disapprove the application, based on the review standards set forth in Section 2.5, Review Procedures Subject to Staff Review and Decision, for the particular type of application.

2.

Conditions of Approval Conditions of approval shall be limited to those deemed necessary to ensure compliance with the standards of this Ordinance. They shall be related in both type and amount to the anticipated impacts of the proposed development on the public and surrounding development. All conditions of approval shall be expressly set forth in the development permit or approval.

(Ord. No. 7365/17-108, § 1, 11-20-2017)

A.

Public Hearing Scheduling When a development application is subject to a public hearing, the Planning and Development Director shall ensure that the public hearing is scheduled for a regular meeting or a meeting specially called for that purpose by the review authority.

B.

Public Notification All development applications subject to public notification shall comply with the North Carolina General Statutes, the provisions listed in Table 2.3.6, Public Notification Timing Requirements, the provisions of this section, and other provisions in this Ordinance related to public notice.

1.

Notification Requirements The Planning and Development Director shall ensure public notification is provided in accordance with the timing requirements in Table 2.3.6, Public Notification Timing Requirements, for the type of application and the type of notice. In computing the required time periods, the day the notice is published, mailed, or posted shall not be included, but the day of the hearing shall be included.

2.

Published Notice Requirements When the provisions of this Ordinance require that public notice be published, the Planning and Development Director shall publish a notice in a newspaper having general circulation in the City.

3.

Mailed Notice Requirements

(a)

Mailed notice specified in Table 2.3.6, Public Notification Timing Requirements, shall be mailed to:

(1)

All landowners subject to the application;

(2)

The applicant, if different from the landowner; and

(3)

All landowners entitled to receive notice (including landowners located outside the city) whose address is known by reference to the latest county tax listing.

(b)

Notice shall be deemed mailed by its deposit in the United States mail, first class or certified (as appropriate), properly addressed, postage paid. The content and form of the notice shall comply with Section 2.3.6 B.5, Notice Content, and the North Carolina General Statutes.

(c)

The Planning and Development Director shall prepare an affidavit affirming that notice meeting these standards was mailed. The affidavit shall be conclusive that notice has been given in compliance with the terms of this subsection. The affidavit shall be included in the support materials of the application.

(d)

A copy of the mailed notice shall be maintained in the Planning and Development Department for public inspection during normal business hours.

4.

Posted Notice Requirements Posted notice shall be made by the Planning and Development Director, and shall comply with the following:

(a)

A sign shall be placed on subject property in a conspicuous location so as to be clearly visible to the traveled portion of the respective street. Where the land subject to the notice does not have frontage on a public street, the sign shall be erected on the nearest street right-of-way with an attached notation generally indicating the direction and distance to the land subject to the application.

(b)

The content and form of the notice shall comply with Section 2.3.6 B.5, Notice Content, and the North Carolina General Statutes.

5.

Notice Content Unless expressly noted otherwise, all notices, whether done by mail, publication, or posting shall:

(a)

Identify the date, time, and place of the public hearing;

(b)

Describe the land involved by street address or by its relationship to a fronting street and the nearest cross street (if applicable), and its size (except posted notice);

(c)

Provide the reason for the public hearing (except posted notice);

(d)

Indicate that more restrictive changes in the proposal may be made following the public hearing (this requirement shall not be applied to posted notice); and

(e)

Identify the means to contact a City official for further information.

6.

Notice Involving Street Abandonment

(a)

In the case of street abandonment, the City shall publish the required City Council resolution of intent once a week for 4 successive weeks.

(b)

The resolution shall indicate the time, date, and location of a public hearing to consider the street abandonment.

(c)

In addition to published notice, all the landowners, as listed on the county tax listing, fronting or abutting the street or segment affected by the abandonment, shall be given certified mailed notice of the proposed abandonment.

(d)

Notice shall also be mailed to the North Carolina Department of Transportation, if the street is under the control and authority of the department.

(e)

In addition, the notification of the public hearing purpose, date, time, and location shall be posted in at least 2 locations along the street.

7.

Notice Involving Street Name Change Requests

(a)

In the case of a street name change request, all the landowners, as listed on the county tax listing, fronting, or abutting the street or segment affected by the request, shall be given first class mailed notice of the request.

(b)

The City shall also make a good faith effort to notify renters of property affected.

(c)

If the street name change is approved, the landowners of properties affected shall be sent address change notices containing the effective date of the change.

8.

Constructive Notice

(a)

Minor defects in any notice shall not impair the notice or invalidate proceedings if a bona fide attempt is made to comply with applicable notice requirements. Minor defects in notice may include, but are not limited to:

(1)

Errors in a legal description;

(2)

Errors or omissions in the county tax listing; or

(3)

Typographical or grammatical errors that do not impede communication of the notice to affected parties.

(b)

Failure of a party to receive written notice shall not invalidate subsequent action. In all cases, however, the requirements for the timing of the notice and for specifying the time, date, and place of a public hearing and the location of the subject property(ies) shall be strictly adhered to.

(Ord. No. 7365/17-108, § 2, 11-20-2017; Ord. No. 7415/18-44, § 1.B, 5-21-2018; Ord. No. 7476/18-105, §§ 1.B, 2.D, 4, 12-3-2018; Ord. No. 7622/20-38, § 5, 8-5-2020; Ord. No. 7679/20-95, 3.A, 12-9-2020; Ord. No. 7969/23-17, § 5, 10-2-2023; Ord. No. 8016/24-33, § 1(Pt. I), 7-15-2024; Ord. No. 8052/25-30, § 1, 7-21-2025)

If the development application is subject to a quasi-judicial hearing by a decision-making body, the decision-making body shall hold a quasi-judicial hearing in accordance with the following procedures.

A.

Opportunity to Present Testimony and Evidence Any affected party shall be afforded a reasonable opportunity to present testimony and evidence in support of or in opposition to the application, and to ask questions of the applicant, the applicant's representatives, City staff, and the City staff's representatives. At the discretion of the person chairing the body conducting the quasi-judicial public hearing, an affected party may be granted an opportunity to ask questions of any other member of the public who has testified at the hearing.

B.

Rules of Evidence The body conducting a quasi-judicial hearing is not bound by the rules of evidence, nor is it limited to consideration of evidence that is admissible in a court of law. The body may consider all testimony and evidence it deems competent and material to the application under consideration if the evidence was admitted without objection, or the evidence appears to be sufficiently trustworthy and was admitted under such circumstances that it was reasonable for the decision-making body to rely upon it. Competent evidence shall not be deemed to include the opinion testimony of lay witnesses as to any of the following:

1.

The use of property in a particular way would affect the value of other property;

2.

The increase in vehicular traffic resulting from a proposed development would pose a danger to the public safety; or

3.

Matters about which only expert testimony would generally be admissible under the rules of evidence as applied in the trial division of the General Court of Justice.

C.

Cross Examination Any inquiry under cross-examination shall be limited to matters raised in the direct examination of the person testifying. No re-direct or re-cross shall be allowed unless requested by the applicant, an affected party, or the City—who shall state the desired area of inquiry. The request shall be approved by the person chairing the body conducting the quasi-judicial hearing. If re-direct or re-cross is allowed, it shall be limited to questions of the witness on issues raised in the cross-examination or re-direct examination.

D.

Ex Parte Communication Ex parte communications between an applicant or an affected party and a member of the decision-making body is prohibited. If it occurs, it shall be disclosed during the quasi-judicial hearing.

(Ord. No. 7521/19-38, § 1, 4-15-2019; Ord. No. 7712/21-29, § 5, 5-19-2021)

If an application is subject to a review by the P&Z or HPC, the P&Z or HPC shall review and act on the application in accordance with the following procedures:

A.

General The P&Z or HPC, as appropriate, shall consider the application, relevant support materials, staff report, and any public comments. One of the decisions authorized for the particular type of application shall be recommended, based on the review standards applicable to the application type, as set forth in Section 2.4, Review Procedures Subject to Decision-Making Body Review and Decision.

B.

General Conduct Members conducting a review and providing a recommendation should act in accordance with the following guidelines:

1.

No Prejudice Consider the application without prejudice.

2.

No Commitment Prior to Review Make no commitment or agreement or take a public position on an application or on any proposed condition until the application is reviewed during the meeting.

3.

Acknowledgement Acknowledge any information obtained outside the public meeting that they believe has influenced their evaluation of the application.

4.

Deliberation Refrain from deliberation or formulation of a judgment or decision prior to the meeting at which the application is considered.

C.

Clearly State Factors for Recommendation The recommendation shall clearly state the factors considered in making the recommendation and the basis or rationale for the recommendation.

D.

Vote

1.

A decision to recommend approval shall be decided by a simple majority of voting members present and constituting a quorum.

2.

Text amendment applications receiving a recommendation for denial by the P&Z shall require a ⅔ favorable vote of the City Council members present and voting to be approved. (SL 1989-918)

3.

A zoning map amendment, conditional zoning, or planned development application that is associated with one of the procedural items listed below shall be forwarded to City Council for concurrent public hearing review by the P&Z and City Council, with a recommendation from the P&Z and a final decision by City Council to be made after the public hearing review:

(a)

Annexation

(b)

Special Use Permit

(c)

Development Agreement

(d)

Land Use Plan Amendment

(e)

Street Abandonment

(f)

Text Amendment

E.

Timing Unless an application is deferred or continued in accordance with Section 2.3.13, Deferral and Continuance, a vote or recommendation on an application shall be made within 60 days from the date of the initial meeting where it is considered.

F.

Failure to Recommend If the P&Z or HPC fails to make a recommendation in the time allotted for an application to be reviewed and decided by the City Council, the application shall be forwarded to the City Council without a recommendation from the P&Z or HPC.

(Ord. No. 7476/18-105, § 2.E, 12-3-2018; Ord. No. 7969/23-17, § 6, 10-2-2023)

If an application is subject to a decision by the City Council, P&Z, BOA, or HPC, the decision-making body shall review and decide the application in accordance with the following procedures:

A.

General The decision-making body shall conduct any required public hearing(s) and consider the application, relevant support materials, staff report, any advisory body recommendations, and public comments. After the conclusion of the public hearing, it shall make one of the decisions authorized for the particular type of application based on the review standards applicable to the application type, as set forth in Section 2.4, Review Procedures Subject to Decision-Making Body Review and Decision.

B.

General Conduct Members making a decision should act in accordance with the following guidelines:

1.

No Prejudice Consider the application without prejudice.

2.

No Commitment Prior to Review Make no commitment or agreement or take a public position on an application or on any proposed condition until the application is reviewed during the hearing.

3.

Acknowledgement Acknowledge any information obtained outside the public hearing that they believe has influenced their evaluation of the application.

4.

Deliberation Refrain from deliberation or formulation of a judgment or decision prior to the meeting to consider the application.

C.

Quasi-Judicial Procedures Required quasi-judicial public hearings (see Table 2.1.2, Summary Development Review Table) shall be conducted in accordance with Section 2.3.7, Quasi-Judicial Public Hearing Procedures.

D.

Remand The decision-making body may remand the application to City staff or the appropriate advisory body for further consideration of new information or specified issues or concerns, if appropriate.

E.

Clearly State Factors for Decision Unless stated otherwise in this Ordinance, the decision shall clearly state the factors considered in making the decision and the basis or rationale for the decision.

F.

Application Revision The decision-making body may revise an application to apply more restrictive requirements, or to ensure the application better serves the purpose and intent of this Ordinance. In cases where an application is revised by a decision-making body in this manner, additional public notification or public hearings are not required.

G.

Vote

1.

Zoning map amendment, conditional zoning, or planned development applications that are denied by the P&Z, or text amendment applications receiving a recommendation for denial from the P&Z, shall only be approved by the City Council with a ⅔ majority vote of the City Council members present and voting. (SL 1989-918; SL 2022-37)

2.

Zoning map amendment, conditional zoning, and planned development applications that receive a favorable vote by two-thirds (2/3) of the P&Z members present and constituting a quorum shall constitute approval of the application unless appealed to the City Council.

3.

Zoning map amendment, conditional zoning, and planned development applications that receive less than a two-thirds (2/3) favorable vote, but a majority favorable vote from the P&Z members present and constituting a quorum, shall constitute a favorable recommendation of the application and shall be forwarded to the City Council.

4.

Zoning map amendment, conditional zoning, and planned development applications receiving less than a majority favorable vote, or a majority unfavorable vote, from the P&Z members present and constituting a quorum, shall constitute denial of the application unless appealed to the City Council.

5.

Applications forwarded or appealed to the City Council shall be scheduled for a public hearing before the City Council.

6.

Any member of the P&Z, BOA, or HPC shall recuse themselves from voting on any advisory or legislative decision where the outcome of the matter being considered is reasonably likely to have a direct, substantial, and readily identifiable financial impact on the member. No member of the P&Z, BOA, or HPC shall vote on any legislative decision if the landowner of the property is a person with whom the member has a close familial, business, or other associational relationship. A "close familial relationship" means a spouse, parent, child, brother, sister, grandparent, or grandchild. The term includes the step, half, and in-law relationships.

7.

Any member of City Council shall recuse themselves from voting on any legislative decision where the outcome of the matter being considered is reasonably likely to have a direct, substantial, and readily identifiable financial impact on the member. A City Council member shall not vote on any zoning amendment if the landowner of the property subject to zoning amendment or the applicant for a text amendment is a person with whom the member has a close familial, business, or other associational relationship. A "close familial relationship" means a spouse, parent, child, brother, sister, grandparent, or grandchild. The term includes the step, half, and in-law relationships.

8.

Vacant seats shall not be considered present members for the calculation of quorum.

9.

Upon failure of the City Council to act on an application following a public hearing on a matter, and in the absence of any continuance motions, the application shall be deemed denied.

H.

Timing The decision-making body shall take action on the application as promptly as reasonably possible in consideration of the public interest.

(Ord. No. 7365/17-108, § 1, 11-20-2017; Ord. No. 7476/18-105, § 2.F, 12-3-2018; Ord. No. 7969/23-17, § 7, 10-2-2023)

A.

Unless expressly stated otherwise in the specific procedures in Section 2.4, Review Procedures Subject to Decision-Making Body Review and Decision, or Section 2.5, Review Procedures Subject to Staff Review and Decision, conditions of approval shall be limited to those deemed necessary to ensure compliance with the review standards for the particular type of application, or to prevent or minimize adverse effects from a proposed development on surrounding lands. Conditions of approval shall be related in both type and amount to the anticipated impacts reasonably expected to be generated by the proposed development on the public and surrounding development. All conditions of approval shall be expressly set forth in the notice of decision or development permit approval.

B.

Conditions of approval may be in the form of text or plans or maps, or a combination thereof.

C.

No condition of approval shall be less restrictive than the applicable standards and requirements of this Ordinance.

D.

No condition shall be made part of an approval that:

1.

Specifies the ownership status, race, religion, or other characteristics of the occupants of housing units;

2.

Establishes a minimum size of a dwelling unit;

3.

Establishes a minimum value of buildings or improvements;

4.

Excludes residents based upon race, religion or income;

5.

Contains a requirement that the City is not legally authorized to impose, including, without limitation, taxes, impact fees, building design elements prohibited by State law, driveway-related improvements in excess of those allowed by State law; or

6.

Obligates the City to perform in any manner relative to an approval action regarding a development application.

(Ord. No. 7476/18-105, § 5.A, 12-3-2018; Ord. No. 7622/20-38, § 6.A, 8-5-2020; Ord. No. 7712/21-29, § 6, 5-19-2021)

A.

Timing Except where otherwise stated in this Ordinance, the Planning and Development Director shall provide the applicant written notification of a decision or action within 10 business days after a final decision on a development application.

B.

Copy of Decision In addition, the Planning and Development Director shall make a copy of the decision available to the public in the offices of the Planning and Development Department, during normal business hours.

A.

Approval Limited Approval of a development application in accordance with this Ordinance authorizes only the particular use, plan for development, or other specific activity approved.

B.

Permit Prerequisite In the event a permit or development approval is prerequisite to another permit or development approval (e.g., administrative adjustment or variance approval prior to a site plan approval), development may not take place until all prerequisite approvals are obtained. Approval of one development application does not guarantee approval of any subsequent development application.

C.

Sequence of Permit Issuance

1.

A land disturbance permit can be issued after a site plan is approved; however, the Planning and Development Director may allow its issuance if a watershed development plan, floodplain development permit, or landscape plan (as applicable), has been approved.

2.

If required, a well or septic tank permit, driveway approval, water and sewer construction plan, site plan, watershed development plan, group development plan, or final plat shall be approved prior to issuance of a building permit.

3.

The Planning and Development Director may issue permits for temporary construction-related uses prior to approval of a site plan, group development plan, or preliminary plan.

(Ord. No. 7622/20-38, § 22, 8-5-2020)

A.

Planning and Development Director Deferral

1.

Application to be Heard by the P&Z A development application reviewed or decided by the P&Z may be granted a 1-month deferral by the Planning and Development Director, provided the request to defer is submitted in writing by the applicant at least 22 days prior to the initial consideration of a development application. The Planning and Development Director is authorized to grant only one deferral. The application must then either be forwarded to the P&Z for consideration or be withdrawn.

2.

Application to be Heard by the BOA or HPC A development application reviewed or decided by the BOA or the HPC may be granted a 1-month deferral by the Planning and Development Director, provided the request to defer is submitted in writing by the applicant at least 15 days prior to the initial consideration of a development application. The Planning and Development Director is authorized to grant only one deferral. The application must then either be forwarded to the BOA or HPC, as appropriate, for consideration, or be withdrawn.

B.

Decision-Making Body Continuance

1.

When a development application is before the City Council, P&Z, BOA, or HPC for a decision, the decision-making body may continue consideration of the application for up to 60 days, provided the reason for the continuance is stated in the motion to continue. Nothing in this section shall prohibit a continuance from being granted for a greater period of time, provided it is mutually agreed upon by the decision-making body and the applicant.

2.

In cases where a development application has been forwarded to the City Council following P&Z review and recommendation, the applicant cannot request a continuance until the City Council public hearing.

A.

Application to be Heard by the P&Z An applicant may request, and the Planning and Development Director may grant an applicant's request to withdraw an application if it is done at least 22 days prior to initial consideration by the P&Z. A request to withdraw an application after that date shall only be considered by the P&Z at the public hearing.

B.

Application to be Heard by the BOA or the HPC An applicant may request, and the Planning and Development Director may grant an applicant's request to withdraw an application if it is done at least 15 days prior to initial consideration of the application by the BOA or the HPC. A request to withdraw an application after that date shall only be considered by the BOA or HPC, as appropriate, at the public hearing.

C.

Successive Requests If an applicant withdraws an application for the same land after public notification 2 times within a single calendar year, the same application may not be resubmitted for a period of 1 year from the date of the second withdrawal.

A.

Expirations Development approvals granted in accordance with this Ordinance shall expire as provided in Section 2.4, Review Procedures Subject to Decision-Making Body Review and Decision, or Section 2.5, Review Procedures Subject to Staff Review and Decision, for the particular type of development permit or approval.

B.

No Expirations If no expiration period is provided in Section 2.4, Review Procedures Subject to Decision-Making Body Review and Decision, or Section 2.5, Review Procedures Subject to Staff Review and Decision, then the development approval does not expire.

C.

Ownership Change A change in ownership of the land shall not affect the established expiration time period. The filing of an appeal shall delay the established expiration period until final resolution of the appeal.

(Ord. No. 7622/20-38, § 4.C, 8-5-2020)

A.

General This section sets out supplemental procedures, standards, and related information for each of the specific review procedures subject to decision-making body review and decision, as identified in Table 2.1.2, Summary Development Review Table. They apply in addition to, or instead of, the standard procedures set forth in Section 2.3, Standard Review Procedures.

B.

Structure of Procedures

1.

For each type of development application reviewed under this Ordinance, the following sections state the purpose of the development permit or approval, the steps in the review process, the review standards for the application, and provisions addressing expiration and amendment, if applicable.

2.

Development application provisions in this section are organized in alphabetical order in accordance with the sequence of procedures in Table 2.1.2, Summary Development Review Table.

C.

Procedural Flowchart Legend Each development application review procedure in this section includes a procedural flowchart that depicts the steps in the review process. White boxes indicate actions of the applicant. Light blue boxes indicate actions of City staff. Black boxes show quasi-judicial public hearings, and grey boxes show public hearings or public meetings (as appropriate). Boxes with dashed lines show optional steps.

(Ord. No. 7365/17-108, § 1, 11-20-2017)

A.

Applicability This section provides a procedure to consider an alternative to the façade articulation and façade transparency standards where unique or impractical situations result from the application of the standards to a specific building. This procedure only applies to the façade articulation and façade transparency standards contained in the building standards section of the CB, EC, MS and MX districts and in Corner Retail and Large Retail developments of Section 5.14, Development Types.

B.

Alternate Design Procedure

1.

Pre-application Conference Applicable (see Section 2.3.2, Pre-Application Conference).

2.

Application Submittal and Acceptance Applicable (see Section 2.3.4, Application Submittal and Acceptance).

3.

Staff Review

(a)

Applicable (see Section 2.3.5, Staff Review and Action).

(b)

The Planning and Development Director shall review the application, prepare a staff report, and provide a recommendation in accordance with Section 2.4.2 C, Alternate Design Review Standards.

4.

Public Notification Applicable (see Section 2.3.6, Public Notification).

5.

BOA Review and Decision

(a)

Applicable (see Section 2.3.9, Action by Decision-Making Body, and Section 2.3.7, Quasi-Judicial Hearing Procedures).

(b)

The BOA, after the conclusion of a quasi-judicial hearing, shall decide the application for an alternate design.

(c)

The decision shall be based on competent, material, and subsequent evidence in the record, as supplemented by the arguments presented at the quasi-judicial hearing, and the standards in Section 2.4.2 C, Alternate Design Review Standards.

(d)

The decision shall be one of the following:

1.

Approval of the alternate design as proposed;

2.

Approval of the alternate design with revisions; or

3.

Denial of the alternate design.

(e)

Each decision shall be made in writing and reflect the BOA's determination of contested facts and their application to the standards of this Ordinance.

(f)

The written decision shall be signed by the Chair or other duly authorized member of the BOA.

(g)

The decision of the BOA shall be effective upon the filing of the written decision.

6.

Notification of Decision The decision of the BOA shall be delivered by personal service, electronic mail, or by first-class mail to the applicant, the landowner, and to any person who has submitted a written request for a copy prior to the date the decision becomes effective. The person providing notification of decision shall certify that proper notification has been made.

C.

Alternate Design Review Standards An alternate design application shall be approved on evidence presented that demonstrates the following requirements are met and the required findings are made:

1.

General Requirements

(a)

An alternate design cannot be granted if the need is based on a specific use of the building.

(b)

A greater distance in façade articulation, or a reduction or change in the articulation features provided may be granted; however, articulation cannot be eliminated for a building facade.

(c)

Façade transparency standards may be reduced but cannot be eliminated for a building facade.

(d)

If a facade transparency standard is altered, then the use of enclosed window wells supplemented with awnings, false storefront windows, or similar building wall fenestration techniques should be used to promote a pedestrian oriented design. Figure 2.4.2.C, Facade Transparency Alternatives, shows some alternative designs that comply with the purpose and intent of this standard.

FIGURE 2.4.2.C FACADE TRANSPARENCY ALTERNATIVES

2.

Required Findings

(a)

The alternate design is needed:

(1)

Due to the unique function of the building or portion thereof, or

(2)

Because an unreasonable or impractical situation results from the application of the building design standard, or

(3)

Because it is determined that the building is of a unique or iconic design that warrants special consideration.

(b)

The alternate design granted is the minimum required to meet the determined need; and

(c)

The alternate design is compensated by exterior design features that exceed the minimum standard when the building is considered in its entirety and the building results in a pedestrian oriented design that enhances street level activity.

D.

Conditions of Approval In granting an alternate design the BOA may prescribe conditions of approval, in accordance with Section 2.3.10, Conditions of Approval, to ensure compliance with the standards of this section, and to assure that the use of the land to which the alternate design applies will be compatible with surrounding lands and will not alter the essential character of the area in which the alternate design is proposed.

1.

An alternate design granted subject to a condition of approval shall be permitted as long as there is compliance with the condition.

2.

Violation of a condition of approval shall be deemed a violation of this Ordinance.

3.

If a violation or invalidation of a condition of approval occurs, the Planning and Development Director may revoke the certificate of occupancy for the development subject to the alternate design.

E.

Effect Approval of an alternate design authorizes only the specific building design change approved by the BOA. It does not exempt the applicant from the responsibility to obtain all other permits or development approvals required by this Ordinance or any other applicable laws, and does not indicate that the development for which the alternate design is granted should receive other permits or development approvals under this Ordinance unless the relevant and applicable portions of this Ordinance are met.

F.

Amendment Amendment of an alternate design may only be reviewed and considered in accordance with the procedures and standards established for its original approval.

G.

Expiration

1.

The approval of an alternate design establishes a vested right in accordance with Section 1.10.1, Development Permit.

2.

An alternate design approval shall expire and become null and void within 1 year of the issuance of the order unless development authorized by the alternate design has substantially commenced.

H.

Appeal Any decision by the BOA shall be subject to Superior Court review by proceedings in the nature of certiorari.

(Ord. No. 7476/18-105, § 1.C, 12-3-2018; Ord. No. 7622/20-38, § 4.D, 8-5-2020; Ord. No. 7712/21-29, § 5, 5-19-2021)

Editor's note— Ord. No. 7476/18-105, § 1.C, added new provisions as § 2.4.2 and further amended the Code by renumbering existing §§ 2.4.2—2.4.19 accordingly.

A.

Applicability

1.

This section sets out the procedure and standards for the City Council, an aggrieved party, officer, department, or any board of the City affected by any decision or determination by a City official or board of the City to appeal the decision or interpretation.

2.

In the event an applicant wishes to appeal a standard outside this Ordinance, or a decision by a staff member not addressed by this Ordinance, the appeal is made to the City Manager in accordance with City policy, not this appeal procedure.

B.

Initiation An appeal shall be initiated by filing a written notice of appeal with the Planning and Development Director as follows:

1.

Appeals to BOA

(a)

An applicant shall file written notice of appeal within 30 days of the date of the written determination or decision being appealed (except where otherwise specified in this Ordinance).

2.

Appeals of P&Z Zoning Decision

(a)

For the purpose of this section, an aggrieved person is someone that resides or owns property within the "Mailed Notice" public notification area provided in Table 2.3.6.[5], Public Notification Timing Requirements. An aggrieved person shall file a written notice of appeal of P&Z's decision for conditional zoning, planned development, and zoning map amendment applications within 15 days of the date of P&Z's decision.

(b)

The City Council may authorize the Planning and Development Director to file a written notice of appeal of the P&Z's decision by majority vote. This vote to appeal shall occur by the next regular meeting of the City Council, from the date of P&Z's decision.

3.

Appeals to NC SCC

(a)

In the event that a soil erosion and sedimentation control plan is denied in accordance with Section 6.3, Soil Erosion and Sedimentation, the applicant may appeal the denial directly to the North Carolina Sedimentation Control Commission (NC SCC).

C.

Appeal Procedure

1.

Pre-Application Conference Optional (see Section 2.3.2, Pre-Application Conference).

2.

Application Submittal and Acceptance

(a)

Applicable (see Section 2.3.4, Application Submittal and Acceptance).

(b)

The written notice of appeal shall include a statement of the error or improper decision or determination, the date of the decision or determination, the grounds for the appeal, and all related support materials.

3.

Staff Review

(a)

Applicable (see Section 2.3.5, Staff Review and Action).

(b)

On accepting a notice of appeal, the Planning and Development Director shall transmit to the BOA or City Council (for appeal of P&Z Zoning Decision) the appeal and the record of material considered by the decision-maker in making the decision or determination (including but not limited to, for example, the application and support materials, staff report, other plans, documents, reports, and studies considered in making the decision, and any minutes, transcripts, or record of the meetings held to consider and make the decision).

(c)

The Planning and Development Director, Engineering Services Director, Public Services Director, or Transportation Director, as appropriate, shall review and comment on appeals related to the aspects of this Ordinance for which they are responsible for administering.

4.

Public Notification Applicable (see Section 2.3.6, Public Notification).

5.

BOA Review and Decision

(a)

Applicable (see Section 2.3.9, Action by Decision-Making Body, and 2.3.7, Quasi-Judicial Hearing Procedures).

(b)

The BOA, at the conclusion of a quasi-judicial hearing, shall decide the application for the appeal.

(c)

The decision shall be based on the competent, material, and subsequent evidence in the record of the appeal, as supplemented by arguments presented at the quasi-judicial hearing, and the standards in Section 2.4.3 D, Appeal Review Standards.

(d)

The decision shall be one of the following:

(1)

Affirmation of the decision or determination (in whole or in part);

(2)

Modification of the decision or determination (in whole or in part); or

(3)

Reversal of the decision or determination (in whole or in part).

(e)

A vote to reverse or modify a decision or determination shall require approval of a majority of a quorum present at the hearing.

(f)

Each decision shall be made in writing and reflect the BOA's determination of contested facts and their application to the standards in this Ordinance.

(g)

The written decision shall be signed by the Chair or other duly authorized member of the BOA.

(h)

The decision of the BOA shall be effective upon the filing of the written decision.

6.

City Council Review and Decision (for appeal of P&Z Zoning Decision)

(a)

Applicable (see Section 2.3.9, Action by Decision-Making Body).

(b)

No changes to the zoning map amendment, conditional zoning, or planned development application shall be permitted after the P&Z decision appeal application is submitted to the City.

(c)

The City Council, after the conclusion of a public hearing, shall decide the application for the appeal of a zoning map amendment, conditional zoning, or planned development decision made by the P&Z based on the following:

(1)

information and documents received from the P&Z;

(2)

public hearings; and

(3)

review standards provided in Section 2.4.6 C, Conditional Zoning Review Standards.

(c)

The decision on an appeal of a zoning map amendment, conditional zoning, or planned development decision made by the P&Z shall be one of the following:

(1)

Affirmation of the decision;

(2)

Modification of the decision;

(3)

Reversal of the decision; or

(4)

Remand of the zoning map amendment, conditional zoning, or planned development application to the P&Z for further consideration.

(d)

As part of the decision, the City Council shall adopt a written statement of consistency and reasonableness that:

(1)

Describes whether the decision is consistent with all applicable City-adopted policy guidance; and

(2)

Explains why the decision is reasonable and in the public interest.

(e)

Conditions Applicable (see Section 2.4.6.D., Conditions of Approval).

(f)

Effect Applicable (see Section 2.4.6.E., Effect).

(g)

Amendment Applicable (see Section 2.4.6.F., Amendment).

7.

Notification of Decision The decision of the BOA or City Council on any appeal shall be delivered by personal service, electronic mail, or by first-class mail to the applicant, the landowner, and to any person who has submitted a written request for a copy. The person providing notification of decision shall certify that proper notification has been made.

D.

BOA Appeal Review Standards

1.

The BOA is limited to the following determinations in considering the appeal, which shall be based on clear and substantial evidence in the record:

(a)

The decision-maker did not make an error or correctly applied the standards of this Ordinance in making the decision or interpretation;

(b)

The decision-maker made an error in determining whether a standard was met. The record must indicate that an error in judgment occurred or facts, plans, or regulations were misread in determining whether the particular standard was or was not met;

(c)

The decision-maker made an error because the decision was based on a standard not contained in this Ordinance or other appropriate City ordinances, regulations, or state law, or that a standard more strict or broad than the standard established in this Ordinance was applied; or

(d)

The decision-maker made an error in applying a standard or measuring a standard.

2.

Where conflicting evidence exists, the appeal is limited to determining what evidence or testimony bears the greatest credibility in terms of documentation and qualifications of those making the determination.

3.

The BOA shall not hear any evidence or make any decision based on hardships or special conditions. (Such matters may only be considered in the context of an application for a variance.)

E.

Effect of BOA Appeal

1.

An appeal to the BOA stays all proceedings in furtherance of the action appealed, unless the City official from whom the appeal is taken certifies to the BOA, after notice of appeal has been filed, that because of facts stated in the certificate a stay would, in the city official's opinion, cause imminent peril to life or property or because the violation is transitory in nature, a stay would seriously interfere with enforcement of this Ordinance.

2.

If certification by a City official is filed, administrative proceedings before the BOA shall not be stayed except through issuance of a restraining order by a court of competent jurisdiction.

3.

If the appeal to the BOA is not stayed, the appellant may file for an expedited hearing of the appeal, and the BOA shall meet to consider the appeal with 15 days of the date the request is filed.

4.

The filing of an appeal to the BOA prevents the filing of an application for a zoning map amendment or special use for the same land subject to an appeal application, as well as the filing of a text amendment application by the same party filing the appeal until the appeal application is decided by the BOA or appealed to the courts.

F.

BOA Appeal Any decision by the BOA shall be subject to Superior Court review by proceedings in the nature of certiorari.

(Ord. No. 7476/18-105, § 1.C, 12-3-2018; Ord. No. 7712/21-29, § 5, 5-19-2021; Ord. No. 7969/23-17, § 8, 10-2-2023)

A.

Applicability If, after a decision on an application for development approval, a landowner is of the opinion that application of this Ordinance during the application review process has denied an economically beneficial use of the land, the procedures of this section shall be used by an applicant before seeking relief from the courts in order that any denial of economically beneficial use of land may be remedied through a non-judicial forum.

B.

Beneficial Use Determination Procedure

1.

Pre-Application Conference Optional (see Section 2.3.2, Pre-Application Conference).

2.

Application Submittal and Acceptance

(a)

Applicable (see Section 2.3.4, Application Submittal and Acceptance).

(b)

An application for beneficial use determination may be submitted by a landowner at any time to the Planning and Development Director.

(c)

The application shall include the following:

(1)

The landowner's name and address;

(2)

A legal description and the street address (when a street address is available) of the land;

(3)

Documentation of the date of purchase and the purchase price of the land, and any offers to purchase the land made by any person, corporation, or association, within the last 3 years;

(4)

A description of the physical features present on the land, its total acreage, the present use, the use of the land on the effective date of this Ordinance, and the current use of the land;

(5)

Evidence of any investments made by the landowner to improve the land, the date the improvements were made, and the costs of the improvements;

(6)

A description of what uses of land were available when the land was purchased by the landowner;

(7)

A description of the regulations and uses permitted which are alleged to result in an elimination of economically beneficial use of the land;

(8)

All appraisals, studies, and any other supporting evidence, and any actions taken by the City related to the land; and

(9)

A description of the use which the landowner believes represents the minimum legally required economically beneficial use of the land and all documentation, studies, and other supporting evidence thereof.

3.

Hearing Officer Review and Recommendation

(a)

City Council Appointment of Hearing Officer Within a reasonable time after the date the application is determined complete the City Council shall appoint a Hearing Officer to schedule and conduct a hearing on the application in accordance with this section. The Hearing Officer shall be a licensed attorney with expertise in land use and takings claims.

(b)

Hearing by Hearing Officer At the hearing conducted by the Hearing Officer, the applicant or the applicant's representative shall present the applicant's case and the City Attorney shall represent the City. All evidence presented shall be under oath, and the parties involved shall be permitted to cross-examine witnesses. The sworn testimony and evidence shall pertain to the standards set forth in Section 2.4.4 B.5, Beneficial Use Determination Review Standards, as to whether the applicant is deprived of an economically beneficial use of the land and the standards in Section 2.4.4 B.6, Relief, pertaining to the degree of relief needed to provide the landowner with an economically beneficial use of the land.

(c)

Findings of the Hearing Officer Within a reasonable period of time following the close of the hearing, the Hearing Officer shall prepare recommended findings of fact and a proposed order for consideration by the City Council. The recommended findings and recommendations of the Hearing Officer as to whether the land is provided economically beneficial use shall be based on the evidence submitted and the standards in Section 2.4.4 B.5, Beneficial Use Determination Review Standards. If the Hearing Officer finds that the applicant has been denied economically beneficial use of the subject land, then the Hearing Officer shall recommend a use that permits an economically beneficial use and results in a minimum change of this Ordinance as it applies to the subject land, in accordance with the standards set forth in Section 2.4.4 B.5, Beneficial Use Determination Review Standards, or other relief as is determined appropriate. The Hearing Officer's recommended findings of fact and proposed order shall be in writing and shall detail the basis of the conclusions from the record of the hearing.

4.

City Council Review and Decision

(a)

Applicable (see Section 2.3.9, Action by Decision-Making Body).

(b)

After receipt of the recommended findings and proposed order from the Hearing Officer, the City Council shall approve the findings of fact and proposed order of the Hearing Officer, or may attach conditions, modify, or reverse the findings of fact or proposed order of the Hearing Officer, based on the standards of Section 2.4.4 B.5, Beneficial Use Determination Review Standards. If the City Council attaches conditions, modifies or reverses the findings of fact or proposed order, it shall do so only where the record of the hearing indicates that the Hearing Officer is unsupported by the record, or that the proposed order is not in conformance with the standards of Section 2.4.4 B.5, Beneficial Use Determination Review Standards.

5.

Beneficial Use Determination Review Standards

(a)

General In determining if a landowner has been deprived of an economically beneficial use of land, the Hearing Officer and the City Council shall take into account the following factors:

(1)

Economically Viable Use In making the determination of whether the land is provided an economically viable use, the Hearing Officer and the City Council shall first evaluate the uses of the land as provided by this Ordinance, and the uses of land in relation to the uses provided similarly situated lands. For the purposes of this section, "economically viable use" means the opportunity to make a return equivalent to that which would have been received from a conservative financial investment. Transitory economic issues shall not be relevant to this determination.

(2)

Diminution in Value The market value of the land, as established by the comparable sales approach, prior to adoption of this Ordinance, or a relevant amendment thereto, which caused the landowner to apply for relief shall be compared to the market value of the land, as established by the comparable sales approach, with the regulations as applied. Market value of the land prior to the adoption of this Ordinance, or a relevant amendment, shall constitute its highest and best use on December 31, 2016 of the relevant amendment thereto or the date of purchase of the land, whichever is later, and any other land value/appraisal information that the applicant would like to be considered. All appraisals shall be proposed by qualified licensed appraisers, and shall follow the best professional practices as established by the profession. A mere diminution in market value is not sufficient to support a determination of denial of economically beneficial use.

(b)

Subsidy The amount or nature of any subsidy that may be required by the City, neighbors, purchasers, tenants, or the public if the uses allowed under this Ordinance are modified.

(c)

Other Adverse Effects Any other adverse effects on the City and its residents.

(d)

Current State of the Law The state of the law established by the United States Supreme Court, the federal Circuit Courts of Appeals, and the North Carolina Supreme Court, relevant to these standards.

6.

Relief If the finding is that a landowner has been deprived economically beneficial use of land, or is otherwise entitled to relief in accordance with the standards of this section, relief shall be granted.

(a)

General In granting relief, the Hearing Officer may recommend and the City Council may adopt any legally available incentive or measure reasonably necessary to offset any substantial economic hardship, and may condition such incentives upon approval of specific development plans. If there is a finding that the denial of the application would create a substantial economic hardship, the Hearing Officer may recommend and the City Council may consider additional relief to provide an appropriate increase in market value or other benefit or return to the applicant sufficient to offset the substantial economic hardship. The types of incentives that the Hearing Officer may recommend and the City Council may consider include, but are not limited to, the following:

(1)

A zoning map amendment of the land to a more appropriate classification, issuance of a variance, approval of a site plan, or other appropriate land use regulatory action that will enable the applicant to realize a reasonable return on the land;

(2)

An opportunity to transfer density or cluster development on other land;

(3)

A modification of permit fees;

(4)

Development finance assistance;

(5)

Approval of development on some portion of the land; or

(6)

Acquisition of all or a portion of the property at market value.

(b)

Minimum Increase In granting relief, the landowner shall be given the minimum increase in use or density/intensity or other possible concessions from this Ordinance and Section 2.4.4 B.6, Relief, above, in order to permit an economically viable use of the land or a use that is determined to be required by law. The highest use, or even an average or generally reasonable expectation, is not required or intended as the appropriate remedy. The following guidelines shall be used for determining the minimum economically viable use of land and, therefore, the amount of relief to be granted a landowner in order to reach that minimum.

(1)

A minimum economically viable use of the land should be one that does not have any governmental subsidy attached to the long-term safe occupation of the land. If such a subsidy is needed, then that should be reflected by lowering the use intensity that is considered a minimum economically viable use on a market valuation basis.

(2)

A use common to the city, although it may not involve further development of the land, is considered an economically viable use. Attention shall also be given to land uses that are considered to be the lowest intensity in the city but which still provide for occupation and living within the city. These land uses, as well, shall be considered economically viable uses.

(3)

The actual condition of the land shall be considered. The reality of limited development potential, given the natural condition of the land, shall not be attributed to the regulations applied to the land. If the land is such that it cannot safely accommodate development with normal grading and clearing practices, this fact shall lower the intensity of use that is considered a minimum economically viable use.

(4)

The potential for damages to either residents or land shall be assessed in determining economically viable use. The need for a governmental subsidy to future landowners shall be considered, and the cost of such subsidies shall be deducted from the otherwise established minimum economically viable use.

(5)

Expectations shall, in general, not be considered. Only reasonable expectations backed by investments as required by the current state of the law shall be considered.

(6)

The current state of law established by the United States Supreme Court, the federal Circuit Court of Appeals, and the North Carolina Supreme Court, relevant to the granting of relief.

(Ord. No. 7476/18-105, § 1.C, 12-3-2018)

A.

Applicability A certificate of appropriateness (COA) or Minor Work COA is required within an LHO whether or not a building permit is required. If a building permit is required, the COA must be obtained prior to its issuance. Unless exempted in accordance with Section 2.4.5 B, Exemptions, a COA shall be required within an LHO for the following:

1.

Making an architectural or environmental change to the exterior features of a property.

(a)

For the purposes of this section, "architectural or environmental change" means the erection, construction, alteration, reconstruction, restoration, moving, removal, or demolition of all or part of a building or other structure, or an appurtenant fixture.

(b)

For purposes of this section, "exterior features" means the architectural style, general design and general arrangement of the exterior of a building or other structure, including the kind and texture and color of building materials, the size and scale of a building or structure, and the type and style of all windows, doors, light fixtures, steps, pavement, masonry walls, fences, decks, signs, and other appurtenant features. It is also deemed to include major replacement or redesign of landscaping, and the removal of mature trees.

2.

Any changes in the character of street paving, street width, utility installations or removals, street lighting, street trees, walls, fences, sidewalks, or to the exterior of buildings or structures on property or streets in which the City and all public utilities have a fee or other interest.

B.

Exemptions The requirements of this section shall not apply to:

1.

The ordinary maintenance, repair, or replacement of streets, sidewalks, pavement markings, utility service lines, street signs, traffic signs, and street light fixtures, provided such activities comply with the purpose and intent of this section and any standards adopted by the HPC.

2.

The immediate restoration of utility service in the event of an emergency.

C.

Certificate of Appropriateness Procedure

1.

Pre-Application Conference Optional (see Section 2.3.2, Pre-Application Conference).

2.

Application Submittal and Acceptance

(a)

Applicable (see Section 2.3.4, Application Submittal and Acceptance).

(b)

An application shall include sketches, drawings, photographs, specifications, descriptions, and other information which clearly show the proposed development.

3.

Staff Review

(a)

Applicable (see Section 2.3.5, Staff Review and Action).

(b)

Except as otherwise provided in Section 2.4.5 C.3(c), Minor Work, the Planning and Development Director shall review the application, prepare a staff report, and provide a recommendation in accordance with Section 2.4.5 D, Certificate of Appropriateness Review Standards.

(c)

Minor Work

(1)

If the development proposed is identified by the High Point Historic District Design Standards as a minor work, the Planning and Development Director may review and make a decision on the application in accordance with the standards in Section 2.4.5 D, Certificate of Appropriateness Review Standards.

(2)

If the Planning and Development Director proposes to disapprove the minor work, the application shall be forwarded to the HPC for a final decision in accordance with Section 2.4.5 C.5, HPC Review and Decision.

4.

Public Notification Applicable (see Section 2.3.6, Public Notification).

5.

HPC Review and Decision

(a)

Applicable (See Section 2.3.9, Action by Decision-Making Body, and Section 2.3.7, Quasi-Judicial Hearing Procedures).

(b)

The HPC, after the conclusion of a quasi-judicial hearing, shall decide the application for a certificate of appropriateness.

(c)

The decision shall be based on the competent, material, and substantial evidence in the record, as supplemented by the arguments presented at the quasi-judicial hearing, and the standards in Section 2.4.5 D, Certificate of Appropriateness Review Standards.

(d)

The decision shall be one of the following:

(1)

Approval of the certificate of appropriateness in part, or as submitted;

(2)

Approval of the certificate of appropriateness subject to conditions or revisions; or

(3)

Denial of the certificate of appropriateness in part, or as submitted. The HPC shall not deny an application except for the purpose of preventing the construction, reconstruction, alteration, restoration, or moving of buildings, appurtenant features, or signs that are incompatible with the High Point Historic District Design Standards.

(e)

Each decision shall be made in writing and reflect the HPC's determination of contested facts and their application to the standards in this Ordinance.

(f)

The written decision shall be signed by the Chair or other duly authorized member of the HPC.

(g)

The decision of the HPC shall be effective upon the filing of the written decision.

6.

Notification of Decision The decision of the HPC shall be delivered by personal service, electronic mail, or by first class mail to the applicant, the landowner, and to any person who has submitted a written request for a copy prior to the date the decision becomes effective. The person providing notification of decision shall certify that proper notification has been made.

D.

Certificate of Appropriateness Review Standards

1.

A certificate of appropriateness shall be approved upon a finding by the HPC that the proposed development complies with the standards set forth in the High Point Historic District Design Standards, and is otherwise congruous with the special character of the LHO district.

2.

In making its decision on the application the HPC shall not consider the interior arrangement of a building or structure.

E.

Condition of Approval Applicable (see Section 2.3.10, Conditions of Approval).

F.

Delay in Relocation, Demolition, or Destruction

1.

The effective date of a certificate of appropriateness authorizing the relocation, demolition, or destruction of a designated building, structure, or site within the LHO district may be delayed for a period of up to 365 days from the date of approval, except the maximum period of delay authorized by this section shall be reduced by the HPC where the landowner would suffer extreme hardship or be permanently deprived of all beneficial use of or return from the property by virtue of the delay.

2.

During this period the HPC shall negotiate with the landowner and with any other parties in an effort to find a means of preserving the building or site.

3.

If the HPC finds a building or site within a LHO district has no special significance or value toward maintaining the character of the district, it shall waive all or part of the period and authorize demolition or removal before expiration of the time period.

4.

If the HPC has voted to recommend designation as a LHO district, and final designation has not been made by the City Council, the relocation, demolition, or destruction of any building, site or structure located in the proposed district may be delayed by the HPC for a period of up to 180 days or until the City Council takes final action on the designation, whichever occurs first.

5.

The City Council may enact an ordinance to prevent the demolition by neglect of any designated building or structure within an LHO district. The ordinance shall provide appropriate safeguards to protect landowners from undue economic hardship.

6.

An application for a certificate of appropriateness authorizing the demolition or destruction of a building, site, or structure determined by the State Historic Preservation Officer as having statewide significance as defined in the criteria of the National Register of Historic Places may be denied, except where the HPC finds the landowner would suffer extreme hardship or be permanently deprived of all beneficial use or return by virtue of the denial.

G.

Amendment Amendment of a certificate of appropriateness may only be reviewed and considered in accordance with the procedures and standards established for its original approval.

H.

Expiration

1.

The approval of a certificate of appropriateness establishes a vested right in accordance with Section 1.10.1, Development Permit.

2.

A certificate of appropriateness approval shall expire and become null and void within 1 year of the issuance of the order, unless development authorized by the certificate of appropriateness has substantially commenced.

I.

Appeals Appeal of a decision on a COA by the HPC shall be made to superior court of the county in which the property is located in accordance with N.C.G.S. 160D-1402.

(Ord. No. 7415/18-44, § 1.C, 5-21-2018; Ord. No. 7476/18-105, § 1.C, 12-3-2018; Ord. No. 7622/20-38, § 4.E, 8-5-2020; Ord. No. 7712/21-29, § 5, 5-19-2021; Ord. No. 8016/24-33, § 5(Pts. A—E), 7-15-2024)

A.

Applicability This section provides a uniform means for reviewing and deciding amendments to the Official Zoning Map in cases where the standards of a zoning district are inadequate to ensure that development allowed by a zoning district will conform to the City's adopted policy guidance or will appropriately address the impacts expected to be generated by development. Approval of a conditional zoning application establishes a parallel conditional zoning district that is equivalent to a corresponding general zoning district, but is subject to additional conditions or restrictions that the applicant and City mutually agree are necessary to ensure conformance with adopted policy guidance and adequately address expected development impacts.

B.

Conditional Zoning Procedure

1.

Pre-Application Conference Applicable (see Section 2.3.2, Pre-Application Conference).

2.

Citizen Information Meeting Applicable (see Section 2.3.3, Citizen Information Meeting).

3.

Application Submittal and Acceptance

(a)

Applicable (see Section 2.3.4, Application Submittal and Acceptance).

(b)

Conditional zoning applications may only be initiated by all landowner(s) of the land subject to the application.

(c)

When required, a traffic impact analysis shall be submitted for review with the submittal of an application for a conditional zoning. The procedure for preparation of a traffic impact analysis is described in the Development Guide.

(d)

All conditions of approval proposed by the applicant must be included with the conditional zoning application.

(e)

An application for a conditional zoning may include a conditional zoning plan that illustrates the proposed development in order to demonstrate proposed conditions where text does not provide an adequate description.

4.

Staff Review

(a)

Applicable (see Section 2.3.5, Staff Review and Action).

(b)

The Planning and Development Director shall review the application, prepare a staff report, and provide a recommendation in accordance with Section 2.4.6.C, Conditional Zoning Review Standards.

5.

Public Notification Applicable (see Section 2.3.6, Public Notification).

6.

P&Z Review and Decision or HPC Review and Recommendation

(a)

Applicable (see Section 2.3.8, Review by P&Z or HPC).

(b)

If the application is proposed for land located within a LHO district, the HPC, following a meeting, shall provide a recommendation on the application to the P&Z. The P&Z shall not make a decision on an application until they receive a recommendation from the HPC.

(c)

The P&Z, following a public hearing, shall make a decision on the application in accordance with Section 2.4.6 C, Conditional Zoning Review Standards, and shall comment on the application's consistency with all applicable City adopted policy guidance.

(d)

During its review of the application, the P&Z may suggest revisions to the proposed conditions (including the conditional zoning plan), consistent with the provisions of Section 2.3.10, Conditions of Approval. Only those revisions agreed to in writing by the applicant shall be incorporated into the application.

(e)

A decision on a conditional zoning application by the P&Z shall be one of the following:

(1)

Approval of the conditional zoning application as proposed;

(2)

Approval of a revised conditional zoning application;

(3)

Denial of the conditional zoning application; or

(4)

Remand of the conditional zoning application to staff for further consideration.

(f)

As part of the decision, the P&Z shall adopt a written statement of consistency and reasonableness that:

(1)

Describes whether the decision is consistent with all applicable City-adopted policy guidance; and

(2)

Explains why the decision is reasonable and in the public interest.

7.

City Council Review and Decision

(a)

Applicable (see Section 2.3.9, Action by Decision-Making Body).

(b)

The City Council, after the conclusion of a public hearing, shall decide the application in accordance with Section 2.4.6.C, Conditional Zoning Review Standards.

(c)

The decision shall be one of the following:

(1)

Approval of the conditional zoning application as proposed;

(2)

Approval of a revised conditional zoning application;

(3)

Denial of the conditional zoning application; or

(4)

Remand of the conditional zoning application to the P&Z for further consideration

(d)

As part of the decision, the City Council shall adopt a written statement of consistency and reasonableness that:

(1)

Describes whether the decision is consistent with all applicable City-adopted policy guidance; and

(2)

Explains why the decision is reasonable and in the public interest.

8.

Changes to Application An applicant may change the conditions associated with a conditional zoning application until 22 days prior to review and decision by the P&Z. After that time, the applicant may only propose changes in accordance with the following:

(a)

Changes shall be made in writing to the Planning and Development Director no closer than eight (8) business days prior to final action by the P&Z or City Council on the conditional zoning application;

(b)

Changes shall be signed by all landowners or those authorized to submit the application; and

(c)

Changes shall be approved by the P&Z, or the City Council, depending upon the time the changes were submitted by the applicant.

9.

Designation on Official Zoning Map The Planning and Development Director shall make changes to the Official Zoning Map promptly after approval of a conditional zoning district application by the P&Z or City Council.

C.

Conditional Zoning Review The advisability of a conditional zoning is a matter committed to the legislative discretion of the City Council and is not controlled by any one factor. In determining whether to approve or deny a conditional zoning, the City Council may consider the following factors:

1.

Consistency with Adopted Policy Guidance Whether and the extent to which the proposed conditional zoning district is appropriate for its proposed location, and is consistent with the City's adopted policy guidance.

2.

Reasonableness/Public Interest Why a decision to approve, or to deny, the proposed conditional zoning would be reasonable and in the public interest.

3.

Compatibility with Surrounding Areas

(a)

Whether the proposed conditional zoning district will result in a development that is compatible with the character of surrounding existing or proposed development and land uses.

(b)

Where there are issues of compatibility, the proposed conditional zoning district shall provide for appropriate transition areas that address incompatibility through increased buffering, landscaping, fencing, building height, mass and scale or other means designed to promote a complimentary character of development.

(c)

Determination of complimentary character may be based on densities/intensities, use types, lot sizes and dimensions, building height, mass and scale, exterior lighting, siting of service areas, or other aspects that may be identified by the City Council.

4.

Mitigation of Impacts Whether the applicant's proposed conditional zoning district, including the proposed use(s), written conditions, and conditional zoning plan (if applicable) will satisfactorily:

(a)

Minimize or effectively mitigate any identified adverse impact on adjacent and nearby land, such as that caused by traffic, parking, noise, lighting, trash, loading areas, etc.;

(b)

Minimize or effectively mitigate any identified adverse environmental impact on water and air resources, minimize land disturbance, preserve trees, and protect habitat;

(c)

Minimize or effectively mitigate any identified adverse impact on municipal facilities and services, such as streets, potable water and wastewater facilities, parks, police, and fire; and

(d)

Minimize or effectively mitigate and identified adverse effect on the use, enjoyment or value of adjacent lands.

5.

Supportive Changes in the Area Whether and the extent to which there have been changes in the type or nature of development in the area of the proposed conditional zoning district that support the application.

6.

Promotes a Preferred Development Pattern Whether and the extent to which the proposed conditional zoning district will result in development that promotes a logical, preferred and orderly development pattern.

D.

Conditions of Approval Applicable (see Section 2.3.10, Conditions of Approval).

1.

Only conditions agreed to in writing by the landowner(s) of the land to be conditionally zoned and approved by the P&Z or City Council may be incorporated into a conditional zoning district.

2.

No condition shall be less restrictive than the standards of the parallel general zoning district, any applicable overlay zoning district standard, or other applicable requirements in this Ordinance.

3.

No conditions may be included within a conditional zoning district that are prohibited by State law.

E.

Effect

1.

Lands rezoned to a conditional zoning district shall be subject to the standards applicable to the parallel zoning district (including the range of allowable land uses), as modified by the more restrictive conditions proposed by the applicant and approved by the P&Z or City Council for the conditional zoning district. These standards and approved conditions are perpetually binding on the land as an amendment to this Ordinance and the Official Zoning Map, and may only be changed in accordance with the procedure for zoning map amendment, conditional zoning, or planned development.

2.

No condition shall have the effect of removing or amending any requirement of this Ordinance.

3.

No permit or development approval shall be issued for development subject to a conditional zoning district except in accordance with the approved conditions and an accompanying conditional zoning plan (if submitted).

F.

Amendment

1.

Minor Changes Unless expressly prohibited by the P&Z or the City Council in approval of a conditional zoning district, subsequent plans and permits for development within a conditional zoning district may include minor changes from the approved conditions, provided the development continues to meet the minimum requirements of this Ordinance. Minor changes are limited to changes that have no material effect on the character of the development or its conditions or that address technical considerations that could not reasonably be anticipated at the time of the conditional zoning approval. The following minor changes may be approved by the Planning and Development Director:

(a)

Changes to the location of entrances or driveways, the rearrangement of internal streets, turn lanes, drives, or access restrictions;

(b)

Changes to the configuration of parking areas;

(c)

Changes to the configuration or location of open space or placement of required amenities;

(d)

Changes to the arrangement or location of buildings, provided there is no increase in number;

(e)

Changes to the proposed building elevation or facade, including materials, provided that the change retains the same general architectural character;

(f)

Changes to the configuration of landscape yards, including types of materials;

(g)

Increases in nonresidential gross floor area of up to 10 percent, or 50,000 square feet, whichever is less; and

(h)

Changes to features on a conditional zoning plan that are not specifically conditioned.

2.

Material Changes are Amendments Changes that materially affect the basic configuration of the development or are beyond the scope of a minor change are not considered minor changes, and shall be reviewed and considered in accordance with the procedures and standards established for the original approval of a conditional zoning application.

G.

Expiration If no application for approval of a preliminary plan, site plan, or group development for any part of the rezoned land is submitted within 3 years after approval of the conditional zoning, the P&Z may forward a recommendation to the City Council to initiate an application to rezone the land to a zoning district determined to be appropriate. Prior to making such a recommendation, the P&Z shall determine that the landowner(s) has been notified and given a reasonable opportunity to comment.

(Ord. No. 7266/17-08, § 4, 1-17-2017; Ord. No. 7476/18-105, §§ 1.C, 5.B, 12-3-2018; Ord. No. 7521/19-38, § 2.A, 4-15-2019; Ord. No. 7622/20-38, §§ 6.B, 7.A, 22, 8-5-2020; Ord. No. 7712/21-29, § 7, 5-19-2021; Ord. No. 7926/23-41, § 1.A, 5-15-2023; Ord. No. 7969/23-17, § 9(Pts. 1—8), 10-2-2023; Ord. No. 8052/25-30, § 2, 7-21-2025)

A.

Applicability In order to provide more regulatory certainty, establish a schedule for development, coordinate the provision of public facilities, and improve management of environmentally sensitive lands, the City Council may enter into a development agreement with a developer, subject to 160D-1001 of the North Carolina General Statutes, and the provisions of this section. In entering into a development agreement, the City may not exercise any authority or make any commitment that is unauthorized by general or local act, and may not impose any unauthorized tax or fee.

B.

Development Agreement Procedure

1.

Pre-Application Conference Applicable (see Section 2.3.2, Pre-Application Conference).

2.

Application Submittal and Acceptance Applicable (see Section 2.3.4, Application Submittal and Acceptance).

3.

Staff Review

(a)

Applicable (see Section 2.3.5, Staff Review and Action).

(b)

The Planning and Development Director shall review the application, prepare a staff report, and provide a recommendation in accordance with Section 2.4.7.C, Development Agreement Review Standards.

4.

Public Notification Applicable (see Section 2.3.6, Public Notification).

5.

P&Z Review and Recommendation

(a)

Applicable (see Section 2.3.7, Review by P&Z or HPC).

(b)

The P&Z, following a public hearing, shall make a recommendation on the application in accordance with Section 2.4.7 C, Development Agreement Review Standards.

6.

City Council Review and Decision

(a)

Applicable (see Section 2.3.9, Action by Decision-Making Body).

(b)

The City Council, after the conclusion of a public hearing, shall decide the application in accordance with Section 2.4.7 C, Development Agreement Review Standards.

(c)

The action taken shall be one of the following:

(1)

Enter into the development agreement, as submitted;

(2)

Enter into the development agreement, subject to changes agreed to in writing by the developer; or

(3)

Not enter into the development agreement.

7.

Recordation Within 14 days after entering into a development agreement, the applicant shall record the agreement in the office of the Register of Deeds of the county where the subject land is located.

C.

Development Agreement Review Standards For consideration of the City to participate in a development agreement, a development subject to the agreement must meet the following:

1.

The development shall demonstrate phasing, and participation in the proposed agreement shall include an initial term of up to 20 years, and may include up to 2 additional extensions of 5 years each, effective at the end of the initial term upon mutual agreement of the parties.

2.

The development shall meet all applicable state requirements for development agreements.

D.

Effect

1.

Burdens and Benefits 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.

2.

Rights and Obligations Rights and obligations established by a development agreement shall not preclude or supersede rights and obligations established pursuant to other law regarding building permits, site specific development plans, phased development plans, group developments, or other provisions of law.

3.

Building and Housing Code A development agreement shall not exempt the property landowner or developer from compliance with the State Building Code or the City's Minimum Housing Code.

4.

Identify Subsequently Enacted Laws Unless the development agreement specifically provides for the application of subsequently enacted laws, the laws applicable to development of the property subject to a development agreement are those in force at the time of execution of the agreement.

5.

Application of Subsequently Adopted Laws Except for grounds specified in Sections 160D-108.1(f) of the North Carolina General Statutes, the City may not apply subsequently adopted ordinances or development policies to a development that is subject to a development agreement.

6.

Change in State or Federal Law If state or federal law is changed after a development agreement has been entered into and the change prevents or precludes compliance with one or more provisions of the development agreement, the City, by ordinance after notice and a hearing, may modify the affected provisions, upon a finding that the change in state or federal law has a fundamental effect on the development agreement.

7.

Vested Rights This Ordinance does not abrogate any rights preserved by Sections 160D-108 or 160D-108.1 of the North Carolina General Statutes, or that may vest pursuant to common law or otherwise in the absence of a development agreement.

E.

Approval of Debt If any of the obligations of the City in the development agreement constitute debt, the City shall comply, at the time of the obligation to incur the debt and before the debt becomes enforceable against the City, with any applicable constitutional and statutory procedures for the approval of the debt. The agreement shall be signed by the City Attorney, Finance Director, and the City Clerk.

F.

Periodic Review and Breach of Agreement

1.

Annual Review During any period of time in which a permit or development approval subject to a development agreement is active, the Planning and Development Director shall review the development at least once every year for compliance with the agreement and file a report with the City Council. The developer must demonstrate good faith compliance with the terms of the development agreement. Failure to meet a commencement or completion date specified in the development agreement shall not, in and of itself, constitute a material breach of the agreement, but must be judged based upon the totality of the circumstances.

2.

Material Breach If the City Council finds and determines that the developer has committed a material breach of the terms or conditions of the development agreement, the City Attorney shall serve written notice of the breach upon the developer within a reasonable time after the periodic review. Such notice shall set forth with reasonable particularity the nature of the breach and the evidence supporting the finding and determination, and shall provide the developer a reasonable time in which to cure the material breach.

3.

Failure to Cure Material Breach If the developer fails to cure the material breach within the time given, then the City Council may unilaterally terminate or modify the development agreement.

G.

Amendment

1.

Mutual Consent A development agreement may be amended or canceled by mutual consent of the parties to the agreement or by their successors in interest.

2.

Minor Change The Planning and Development Director may approve minor changes of the development agreement with the mutual consent of the other parties to the agreement, without following the same procedures as required for initial approval of the agreement, upon making written findings that the proposed minor changes would not significantly change the use, intensity, or design of the development, would be consistent with the purposes and goals of the agreement, would comply with this Ordinance, and would not adversely affect the public health, safety, or general welfare.

3.

Material Changes are Amendments Consideration of a proposed material change of a development agreement beyond the scope of a minor change shall be reviewed and considered in accordance with the procedures and standards established for the original approval of a development agreement.

(Ord. No. 7476/18-105, § 1.C, 12-3-2018; Ord. No. 7521/19-38, § 3, 4-15-2019; Ord. No. 7712/21-29, § 1, 5-19-2021)

Editor's note— Ord. No. 8016/24-33, § 1(Pt. J), adopted July 15, 2024, repealed § 2.4.8, which pertained to Land Use Plan Amendment, and derived from Ord. No. 7476/18-105, § 1.C, adopted Dec. 3, 2018.

A.

Applicability This section provides a uniform means for reviewing and deciding amendments to the Official Zoning Map to establish a Planned Development (PD) zoning district. This Ordinance establishes two forms of planned development, one intended for lands within the Core City area (PD-CC), and one for peripheral lands located outside the Core City area (PD-P).

B.

Planned Development Procedure

1.

Pre-Application Conference Applicable (see Section 2.3.2, Pre-Application Conference).

2.

Citizen Information Meeting Applicable (see Section 2.3.3, Citizen Information Meeting).

3.

Application Submittal and Acceptance

(a)

Applicable (see Section 2.3.4, Application Submittal and Acceptance).

(b)

Planned development applications may only be initiated by all landowner(s) of the land subject to the application.

(c)

When required, a traffic impact analysis shall be submitted for review with the submittal of an application for a planned development. The procedure for preparation of a traffic impact analysis is described in the Development Guide.

(d)

The application shall include a master plan map and a statement of intent and development standards completed in accordance with Section 3.7.3, Standards Applied to All Planned Development Districts.

4.

Staff Review

(a)

Applicable (see Section 2.3.5, Staff Review and Action).

(b)

The TRC shall review the application and comment on the availability of municipal services to the development.

(c)

The Planning and Development Director shall review the application, prepare a staff report, and provide a recommendation in accordance with Section 2.4.9 C, Planned Development Review Standards

5.

Public Notification Applicable (see Section 2.3.6, Public Notification).

6.

P&Z Review and Decision or HPC Review and Recommendation

(a)

Applicable (see Section 2.3.8, Review by P&Z or HPC).

(b)

If the application is proposed for land located within a LHO district, the HPC, following a meeting, shall provide a recommendation on the application to the P&Z. The P&Z shall not make a decision on an application until they receive a recommendation from the HPC.

(c)

The P&Z, following a public hearing, shall make a decision on the application in accordance with Section 2.4.9 C, Planned Development Review Standards, and shall comment on the application's consistency with all applicable City adopted policy guidance.

(d)

During its review of the application, the P&Z may suggest revisions to the proposed development standards (including the master plan map). Only those revisions agreed to by the applicant shall be incorporated into the application.

(e)

A decision on a planned development application by the P&Z shall be one of the following:

(1)

Approval of the planned development application as proposed;

(2)

Approval of a revised planned development application;

(3)

Denial of the planned development application; or

(4)

Remand of the planned development application to staff for further consideration.

(f)

As part of the decision, the P&Z shall adopt a written statement of consistency and reasonableness that:

(1)

Describes whether the decision is consistent with all applicable City-adopted policy guidance; and

(2)

Explains why the decision is reasonable and in the public interest.

7.

City Council Review and Decision

(a)

Applicable (see Section 2.3.9, Action by Decision-Making Body).

(b)

The City Council, after the conclusion of a public hearing, shall decide the application in accordance with Section 2.4.9 C, Planned Development Review Standards.

(c)

The decision shall be one of the following:

(1)

Adoption of the planned development as proposed;

(2)

Adoption of a revised planned development;

(3)

Denial of the planned development; or

(4)

Remand of the planned development application to the P&Z for further consideration.

(d)

As part of the decision, the City Council shall adopt a written statement of consistency and reasonableness that:

(1)

Describes whether the decision is consistent with all applicable City-adopted policy guidance; and

(2)

Explains why the decision is reasonable and in the public interest.

8.

Changes to Application An applicant may change the standards associated with a planned development application until 22 days prior to review and decision by the P&Z. After that time, the applicant may only propose changes in accordance with the following:

(a)

Changes shall be made in writing to the Planning and Development Director no closer than eight (8) calendar days prior to final action by the P&Z or City Council on the planned development application;

(b)

Changes shall be signed by all landowners or those authorized to submit the application; and

(c)

Changes shall be approved by the P&Z, or the City Council, depending upon the time the changes were submitted by the applicant.

9.

Designation on the Official Zoning Map The Planning and Development Director shall place the planned development district classification on the Official Zoning Map promptly after approval of a planned development district classification by the P&Z or City Council.

C.

Planned Development Review Standards The advisability establishing a planned development district is a matter committed to the legislative discretion of the P&Z and City Council and is not controlled by any one factor. In determining whether to approve or deny a planned development district, the P&Z and City Council shall weigh the relevance of and consider the following:

1.

Consistency with Adopted Policy Guidance Whether and the extent to which the proposed planned development district is appropriate for its proposed location, and is consistent with the City's adopted policy guidance.

2.

Reasonableness/Public Interest Why a decision to approve, or to deny, the proposed PD district would be reasonable and in the public interest.

3.

Compatibility with Surrounding Areas

(a)

Whether the proposed PD district will result in a development that is compatible with the character of surrounding existing or proposed development and land uses.

(b)

Where there are issues of compatibility, the master plan map, statement of intent and the standards document shall provide for appropriate transition areas that address incompatibility through increased buffering, landscaping, fencing, building height, mass and scale or other means designed to promote a complimentary character of development.

(c)

Determination of complimentary character may be based on densities/intensities, use types, lot sizes and dimensions, building height, mass and scale, exterior lighting, siting of service areas, or other aspects that may be identified by the City Council.

4.

Consistency with PD District Standards

(a)

Whether the proposed PD district meets the standards of Section 3.7.3, Standards Applied to All Planned Development Districts.

(b)

Whether the proposed PD district meets the standards of Section 3.7.5, PD-CC District if in the Core City Area, or the standards of Section 3.7.6, PD-P District if outside the Core City Area.

5.

Mitigation of Impacts Whether the applicant's proposed PD district, including the proposed use(s), standards and PD master plan, will satisfactorily:

(a)

Minimize or effectively mitigate any identified adverse impact on adjacent and nearby land, such as that caused by traffic, parking, noise, lighting, trash, loading areas, etc.;

(b)

Minimize or effectively mitigate any identified adverse environmental impact on water and air resources, minimize land disturbance, preserve trees, and protect habitat;

(c)

Minimize or effectively mitigate any identified adverse impact on municipal facilities and services, such as streets, potable water and wastewater facilities, parks, police, and fire; and

(d)

Minimize or effectively mitigate any identified adverse effect on the use, enjoyment, or value of adjacent lands.

6.

Supportive Changes in the Area Whether and the extent to which there have been changes in the type or nature of development in the area of the proposed PD zoning district that support the application.

7.

Promotes a Preferred Development Pattern Whether and the extent to which the proposed PD zoning district will result in a development that promotes a logical, preferred and orderly development pattern.

D.

Effect

1.

Lands rezoned to a planned development district shall be subject to the approved master plan map and the statement of intent and development standards document. The master plan map and the statement of intent and development standards document are binding on the land as an amendment to the Official Zoning Map. The applicant may apply for and obtain subsequent development permits and approvals necessary to implement the planned development master plan map and the statement of intent and development standards document in accordance with the appropriate procedures and standards in this Ordinance. Any permits or development approvals shall comply with the planned development master plan map and the statement of intent and development standards document.

2.

The PD master plan map, statement of intent and development standards document shall not include any standards which:

(a)

Specifies the ownership status, race, religion, or other characteristics of the occupants of housing units;

(b)

Establishes a minimum size of a dwelling unit;

(c)

Establishes a minimum value of buildings or improvements;

(d)

Excludes residents based upon race, religion, or income; or

(e)

Obligates the City to perform in any manner relative to the approval of the PD District or development of the land.

E.

Amendment

1.

Minor Changes Subsequent plans and permits for development within a planned development district may include minor changes to the approved master plan map or statement of intent and development standards, provided the development continues to meet the minimum requirements of this Ordinance. Minor changes are limited to changes that have no material effect on the character of the planned development or any of its terms or conditions or changes that address technical consideration that could not reasonably be anticipated at the time of the planned development approval. The following minor changes may be approved by the Planning and Development Director:

(a)

Changes to the location of entrances or driveways, the rearrangement of internal streets, turn lanes, drives, or access restrictions;

(b)

Changes to the configuration of parking areas;

(c)

Changes to the configuration or location of open space or placement of required amenities;

(d)

Changes to the configuration of landscape yards, including types of materials;

(e)

Changes to the proposed building elevation or facade, including materials, provided that the change retains the same general architectural character; and

(f)

Changes to the arrangement or location of buildings provided there is no increase in the number of buildings or size.

2.

Material Changes are Amendments

(a)

Changes that materially affect the basic concept of the planned development master plan or basic parameters establishing the terms and conditions or that exceed the scope of a minor change are not considered minor changes. They shall be considered amendments. Amendments include, but are not limited to:

(1)

Changes in use designations;

(2)

Density/intensity increases;

(3)

Decreases in open space;

(4)

Substantial changes in the location of streets (particularly if streets are to be deleted or access points to the development moved so traffic flows both inside and outside the development are affected);

(5)

Change in the location of any public easement; or

(6)

Change in the proportion of housing types by more than 15 percent.

(b)

Amendments shall be reviewed and considered in accordance with the procedures and standards established for the original approval of a planned development application.

F.

Expiration If no application for approval of a preliminary plan, site plan, or group development for any part of the planned development is submitted within 3 years after approval of the planned development, the P&Z may forward a recommendation to the City Council to initiate an application to rezone the land to a zoning district determined to be appropriate. Prior to making such a recommendation, the P&Z shall determine that the landowner(s) has been notified and given a reasonable opportunity to comment.

(Ord. No. 7365/17-108, § 3.A, 11-20-2017; Ord. No. 7476/18-105, § 1.C, 12-3-2018; Ord. No. 7521/19-38, § 2.B, 4-15-2019; Ord. No. 7622/20-38, §§ 7.B, 22, 8-5-2020; Ord. No. 7926/23-41, § 1.B, 5-15-2023; Ord. No. 7969/23-17, § 10(Pts. 1—4), 10-2-2023)

A.

Applicability This section provides a procedure for reasonable accommodation of eligible persons in cases where the strict application of the standards of this Ordinance would deprive them of their right to equal opportunity to use a dwelling under the Federal Fair Housing Act.

B.

Eligible Persons

1.

An eligible person is a person who meets the definition of a disabled or handicapped person under federal law.

2.

A person recovering from substance abuse is considered a person with a disability or handicap provided they are not currently engaging in the illegal use of controlled substances.

C.

Reasonable Accommodation Procedure

1.

Pre-Application Conference Required (see Section 2.3.2, Pre-Application Conference).

2.

Application Submittal and Acceptance

(a)

Applicable (see Section 2.3.4, Application Submittal and Acceptance).

(b)

An application for reasonable accommodation may be made by any of the following:

(1)

A person with a disability or handicap, or their legal representative; or

(2)

A provider of housing for persons with disabilities or handicaps.

(c)

In addition to the requirements of Section 2.3.4, Application Submittal and Acceptance, an application for reasonable accommodation shall also include the following:

(1)

The basis for the claim that the applicant or persons receiving services from the applicant is considered disabled or handicapped under federal law;

(2)

The Ordinance provision from which the reasonable accommodation is being requested; and

(3)

An explanation of why the reasonable accommodation is necessary to make specific land or development available for the applicant.

3.

Staff Review

(a)

Applicable (see Section 2.3.5, Staff Review and Action).

(b)

The Planning and Development Director shall review the application, and after consultation with the City Attorney, prepare a staff report, and provide a recommendation in accordance with Section 2.4.10 D, Reasonable Accommodation Review Standards.

4.

Public Notification Applicable (see Section 2.3.6, Public Notification).

5.

BOA Review and Decision

(a)

Applicable (see Section 2.3.9, Action by Decision-Making Body, and Section 2.3.7, Quasi-Judicial Hearing Procedures).

(b)

The BOA, after the conclusion of a quasi-judicial hearing, shall decide the application.

(c)

The decision shall be based on the competent, material, and subsequent evidence in the record, as supplemented by the arguments presented at the quasi-judicial hearing, and the standards in Section 2.4.10 D, Reasonable Accommodation Review Standards.

(d)

The decision shall be one of the following:

(1)

Approval of the reasonable accommodation application as proposed;

(2)

Approval of the reasonable accommodation application with revisions; or

(3)

Denial of the application.

(e)

Each decision shall be made in writing and reflect the BOA's determination of contested facts and their application to the standards in this Ordinance.

(f)

The written decision shall be signed by the Chair or other duly authorized member of the BOA.

(g)

The decision of the BOA shall be effective upon the filing of the written decision.

6.

Notification of Decision The decision of the BOA may shall be delivered by personal service, electronic mail, or by first-class mail to the applicant, the landowner, and to any person who has submitted a written request for a copy prior to the date the decision becomes effective. The person providing notification of decision shall certify that proper notification has been made.

D.

Reasonable Accommodation Review Standards

1.

A reasonable accommodation application shall be approved on a finding the proposed accommodation:

(a)

Will be used by an individual or individuals with a disability or handicap protected under federal law;

(b)

Is the minimum needed to provide accommodation; and

(c)

Is reasonable and necessary.

2.

For the purposes of this section, an accommodation is reasonable if it would not undermine the legitimate purposes of this Ordinance, it does not constitute a substantial alteration of this Ordinance or other City standard, and it will not impose significant financial and administrative burden upon the City.

3.

For the purposes of this section, an accommodation is necessary if it would provide direct or meaningful therapeutic amelioration of the effects of the particular disability or handicap, and would afford handicapped or disabled persons equal opportunity to use housing in the City.

E.

Conditions of Approval Applicable (see Section 2.3.10, Conditions of Approval).

F.

Effect

1.

Applicable (see Section 2.3.12, Effect of Development Approval).

2.

A reasonable accommodation shall not affect an applicant's obligation to comply with other applicable standards in this Ordinance that are not the subject of the reasonable accommodation application.

G.

Amendment Amendment of an application for reasonable accommodation may only be reviewed and considered in accordance with the procedures and standards established for its original approval.

H.

Expiration

1.

The approval of a reasonable accommodation establishes a vested right in accordance with Section 1.10.1., Development Permit.

2.

A reasonable accommodation approval shall expire and become null and void within 1 year of the issuance of the order, unless development authorized by the reasonable accommodation has substantially commenced.

I.

Appeal Any decision by the BOA shall be subject to Superior Court review by proceedings in the nature of certiorari.

(Ord. No. 7476/18-105, § 1.C, 12-3-2018; Ord. No. 7712/21-29, § 5.I, 5-19-2021; Ord. No. 7750/21-67, § 1, 11-1-2021)

A.

Applicability Development proposing to encroach, either above or below ground, into a City-maintained right-of-way shall gain approval of a right-of-way encroachment in accordance with the procedures and standards of this section, prior to encroachment. Installation of a driveway does not constitute a right-of-way encroachment.

B.

Above-Ground Encroachment Procedure

1.

Pre-Application Conference Optional (see Section 2.3.2, Pre-Application Conference).

2.

Application Submittal and Acceptance

(a)

Applicable (see Section 2.3.4, Application Submittal and Acceptance).

(b)

The person seeking approval to encroach may file an application for a right-of-way encroachment.

3.

Staff Review

(a)

Applicable (see Section 2.3.5, Staff Review and Action).

(b)

The TRC shall review and comment on infrastructure-related issues associated with the application.

(c)

The Planning and Development Director shall review the application, prepare a staff report, and provide a recommendation in accordance with Section 2.4.11 D, Right-of-Way Encroachment Review Standards.

4.

City Council Review and Decision

(a)

Applicable (see Section 2.3.9, Action by Decision-Making Body).

(b)

The City Council, after conclusion of a public hearing, shall decide the application in accordance with Section 2.4.11 D, Right-of-Way Encroachment Review Standards.

(c)

The action taken shall be one of the following:

(1)

Approval of the encroachment as proposed;

(2)

Approval of a revised encroachment;

(3)

Denial of the encroachment; or

(4)

Remand of the encroachment application to City staff for further review.

C.

Below-Ground Encroachment Procedure

1.

Pre-Application Conference Optional (see Section 2.3.2, Pre-Application Conference).

2.

Application Submittal and Acceptance Applicable (see Section 2.3.4, Application Submittal and Acceptance).

3.

Staff Review and Decision

(a)

Applicable (see Section 2.3.5, Staff Review and Action).

(b)

The TRC shall review and decide the application in accordance with Section 2.4.11 D, Right-of-Way Encroachment Review Standards.

D.

Right-of-Way Encroachment Review Standards A right-of-way encroachment shall be approved on a decision that the applicant demonstrates:

1.

The right-of-way encroachment is in harmony with the general purpose and intent of this Ordinance;

2.

The City is properly indemnified by the applicant against liability arising from the placement of structures within the right-of-way;

3.

Evidence is furnished of insurance covering liability arising from the proposed encroachment, if any; and

4.

Any above-ground encroachment is outside areas needed for pedestrian or vehicular safety, or the visual obstruction has been properly mitigated.

E.

Effect Applicable (see Section 2.3.12, Effect of Development Approval).

F.

Amendment Amendment of a right-of-way encroachment may only be reviewed and considered in accordance with the procedures and standards established for its original approval.

(Ord. No. 7476/18-105, § 1.C, 12-3-2018)

A.

Applicability Uses identified as requiring a special use in Table 4.1.9, Principal Use Table, shall be approved as a special use in accordance with the procedures and standards of this section, prior to development. A special use is a use that may be appropriate in a zoning district, but because of its nature, extent, and external effects, requires special consideration of its location, design, and methods of operation before it can be deemed appropriate in the district and compatible with its surroundings.

B.

Special Use Procedure

1.

Pre-Application Conference Applicable (see Section 2.3.2, Pre-Application Conference).

2.

Citizen Information Meeting Applicable (see Section 2.3.3, Citizen Information Meeting).

3.

Application Submittal and Acceptance

(a)

Applicable (see Section 2.3.4, Application Submittal and Acceptance).

(b)

An application shall be submitted only by the landowner(s), and shall include a site plan.

(c)

When required, a traffic impact analysis shall be submitted for review with the submittal of an application for a special use. The procedure for review of a traffic impact analysis is described in the Development Guide.

4.

Staff Review

(a)

Applicable (see Section 2.3.5, Staff Review and Action).

(b)

The Planning and Development Director shall review the application, prepare a staff report, and provide a recommendation in accordance with Section 2.4.12 C, Special Use Review Standards.

5.

Public Notification Applicable (see Section 2.3.6, Public Notification).

6.

City Council Review and Decision

(a)

Applicable (see Section 2.3.9, Action by Decision-Making Body, and 2.3.7, Quasi-Judicial Hearing Procedures).

(b)

The City Council, after the conclusion of a quasi-judicial hearing, shall decide the application in accordance with Section 2.4.12 C, Special Use Review Standards. The decision shall be one of the following:

(1)

Approval of the special use as proposed;

(2)

Approval of a revised special use; or

(3)

Denial of the special use.

(c)

Any conditions of approval shall meet or exceed the minimum requirements of this Ordinance.

C.

Special Use Review Standards A special use shall be approved upon a finding that the applicant demonstrates the proposed special use:

1.

Will not materially endanger the public health or safety if located where proposed;

2.

Complies with all required standards, conditions, and specifications of this Ordinance, including Chapter 4: Uses;

3.

Will not substantially injure the value of the abutting land, or the special use is a public necessity;

4.

Will be in harmony with the area in which it is to be located; and

5.

Is in general conformity with the City's adopted policy guidance

D.

Conditions of Approval Applicable (see Section 2.3.10, Conditions of Approval).

E.

Effect

1.

Applicable (see Section 2.3.12, Effect of Development Approval).

2.

A special use and the associated site plan approval are perpetually binding and run with the land, unless amended.

3.

An action invalidating a special use condition of approval for any reason shall render the special use null and void.

F.

Amendment

1.

Minor Changes

(a)

The City Council may approve a minor change to a special use requested by the applicant without a hearing, upon receipt of a report from the Planning and Development Director on the proposed minor change.

(b)

A minor change includes changes to conditions of a special use or associated site plan which will result in equal or better performance of the conditions and that do not alter the objectives and purposes of the special use.

(c)

In granting a minor change, the City Council may require such conditions as will address the objectives of the requirements or conditions changed.

2.

Material Changes are Amendments

(a)

A material change to a special use or to an associated site plan that alters the objectives and purposes of the requirements or conditions of the special use constitute an amendment to the special use.

(b)

An amendment includes but is not limited to:

(1)

Boundary changes;

(2)

Use changes; and

(3)

Increases in density or intensity of development.

(c)

Amendments of a special use may only be reviewed and considered in accordance with the procedures and standards established for its original approval.

G.

State and Federal Requirements Special uses shall meet all applicable federal and state requirements for location and operation. Failure to maintain compliance with those requirements may result in the revocation of the special use.

H.

Expiration

1.

The approval of a special use establishes a vested right in accordance with Section 1.10.1, Development Permit.

2.

A special use approval shall expire and become null and void within 1 year of the issuance of the order, unless development authorized by the special use has substantially commenced.

3.

If a special use is replaced by a use otherwise permitted by right in the zoning district, the special use approval is deemed abandoned and the special use approval is null and void.

(Ord. No. 7476/18-105, §§ 1.C, 2.G, 2.H, 12-3-2018; Ord. No. 7622/20-38, §§ 4.F, 8.A, 8-5-2020; Ord. No. 7712/21-29, § 5.J, K, 5-19-2021)

A.

Applicability This section provides a procedure for requests to abandon any platted or dedicated street or alley rights-of-way determined to be unnecessary for the movement of vehicles in the City, in accordance with Section 160A-299 of the North Carolina General Statutes.

B.

Street Abandonment Procedure

1.

Pre-Application Conference

(a)

Applicable (See Section 2.3.2, Pre-Application Conference).

(b)

The TRC shall review the application and comment on municipal service and infrastructure issues associated with the abandonment.

2.

Application Submittal and Acceptance

(a)

Applicable (see Section 2.3.4, Application Submittal and Acceptance).

(b)

Applications may be initiated by the City or landowners abutting a street.

(c)

If the City Council wishes to abandon a public street or alley it shall adopt a resolution of intent to close the street or alley.

3.

Staff Review

(a)

Applicable (see Section 2.3.5, Staff Review and Action).

(b)

The Planning and Development Director shall review the application, prepare a staff report, and provide a recommendation in accordance with Section 2.4.13 C, Street Abandonment Review Standards.

4.

Public Notification Applicable (see Section 2.3.6, Public Notification).

5.

P&Z Review and Recommendation

(a)

Applicable (see Section 2.3.8, Review by P&Z or HPC).

(b)

The P&Z, following a public hearing, shall make a recommendation on the application in accordance with Section 2.4.13 C, Street Abandonment Review Standards.

6.

City Council Review and Decision

(a)

Applicable (see Section 2.3.9, Action by Decision-Making Body).

(b)

The City Council, after the conclusion of a public hearing, shall decide the application in accordance with Section 2.4.13 C, Street Abandonment Review Standards.

(c)

The action taken shall be one of the following:

(1)

Approve abandonment of all or a portion of the street or alley right-of-way;

(2)

Approve abandonment of all or a portion of the street or alley right-of-way with retention of all or a portion of the utility or other easement;

(3)

Denial of the street abandonment; or

(4)

Remand of the street abandonment application to the P&Z for further consideration.

C.

Street Abandonment Review Standards A street abandonment application shall be approved on a decision that the applicant demonstrates:

1.

Closing of the street or alley is in the best interest of the public; and

2.

A landowner in the vicinity of the street or alley would not be deprived of reasonable ingress or egress to their land.

D.

Recordation The Planning and Development Director shall file a certified copy of the street abandonment approval in the office of the Register of Deeds in the county where the subject street is located within a reasonable period of time after the approval.

E.

Effect Where a platted street or alley is abandoned in accordance with this section, the regulations applicable to a lot shall apply to the portion of the lot formerly occupied by the abandoned street or alley.

(Ord. No. 7476/18-105, § 1.C, 12-3-2018)

A.

Applicability This section establishes a uniform street name change procedure in the interest of the public health, safety, and welfare of City residents and visitors by improving emergency response times and ease of locating destinations.

B.

Street Name Change Procedure

1.

Pre-Application Conference Applicable (see Section 2.3.2, Pre-Application Conference).

2.

Application Submittal and Acceptance

(a)

Applicable (see Section 2.3.4, Application Submittal and Acceptance).

(b)

The City Council or any governmental department of the City, the P&Z, or any landowner of land along the street where a name change is proposed may initiate a request to change the name of a street.

(c)

An application for a street name change submitted by landowners along the street shall include a petition of support for the name change signed by a minimum of 66.67 percent of the number of different landowners that are affected by the renaming. The petition shall indicate the desired new street name. No petition shall be required for City-initiated applications.

(d)

The application shall not be accepted until the Planning and Development Director confirms the availability of the proposed new street name.

3.

Staff Review

(a)

Applicable (see Section 2.3.5, Staff Review and Action).

(b)

The Planning and Development Director shall review the application, prepare a staff report, and provide a recommendation in accordance with Section 2.4.14 C, Street Name Change Review Standards.

4.

Determination of Merit

(a)

Each street name change request filed by the required deadline shall be forwarded to the P&Z and placed on the next scheduled regular meeting to determine whether the request should be granted a public hearing. If the P&Z determines that the request should be heard, it shall set the date, time and place for a public hearing.

(b)

When a change is initiated due to public safety or emergency service delivery issues, no merit determination is needed and the request shall be placed on the next scheduled regular meeting for public hearing and decision.

(c)

If the P&Z decides not to conduct a public hearing on the street name change request, it shall be considered a denial of the request.

5.

Public Notification Applicable (see Section 2.3.6, Public Notification), whenever a public hearing has been scheduled for a street name change request.

6.

P&Z Review and Decision

(a)

Applicable (see Section 2.3.9, Action by Decision-Making Body).

(b)

If a public hearing is conducted, the P&Z, at the conclusion of the public hearing, shall decide the application in accordance with Section 2.4.14 C, Street Name Change Review Standards.

(c)

The decision shall be one of the following:

(1)

Approval of the street name change as submitted;

(2)

Approval of the street name change, with revisions; or

(3)

Denial of the street name change.

(d)

The P&Z may consider and approve a name change for a portion of the request or a change of prefix or suffix without a new submittal or additional hearing. The P&Z shall not approve alterations to the primary name requested, nor approve the application of the name to a street or segment thereof not included in the original request, without re-notification and re-hearing.

C.

Street Name Change Review Standards A street name change shall be approved on a finding that the applicant demonstrates:

1.

The street name change is in accordance with the City's Street Name and Address Assignment Guidelines and Policies as included in the Development Guide;

2.

The street name change will serve the public interest by enhancing public safety or that it will do no harm;

3.

The street name change will not adversely affect land values or cause excessive economic impact to landowners or the City; and

4.

The street name change will result in an overall public good that generally cannot be measured in monetary terms, but is found to outweigh known or perceived economic interests and costs.

D.

Effect

1.

All approved street name change applications shall have an effective date at least 45 days from the date of approval, but may be further delayed for a set period of time not to exceed 1 year, to assist businesses and other affected landowners in preparing for the name change.

2.

Street name changes initiated by City Council, P&Z, or other City department due to public safety or emergency service delivery issues may take effect immediately upon approval.

E.

Amendment An application for a street name change with the same name for the same street or portion of the same street shall not be filed within 2 years from the date of final action on the previous request, unless the P&Z determines a substantial change has occurred in the nature of the application that merits reconsideration.

(Ord. No. 7476/18-105, § 1.C, 12-3-2018)

A.

Applicability This section provides a uniform means for amending the text of this Ordinance whenever the public necessity, changed conditions, convenience, general welfare, or appropriate land use practices justify or require doing so.

B.

Text Amendment Procedure

1.

Pre-Application Conference Applicable (see Section 2.3.2, Pre-Application Conference).

2.

Application Submittal and Acceptance

(a)

Applicable (see Section 2.3.4, Application Submittal and Acceptance).

(b)

Applications may be initiated by the City Council; any board, commission, or department of the City; any landowner; or any resident of the city.

3.

Staff Review

(a)

Applicable (see Section 2.3.5, Staff Review and Action).

(b)

The Planning and Development Director shall review the application, prepare a staff report, and provide a recommendation in accordance with Section 2.4.15 C, Text Amendment Review Standards.

4.

Public Notification Applicable (see Section 2.3.6, Public Notification).

5.

P&Z Review and Recommendation

(a)

Applicable (see Section 2.3.8, Review by P&Z or HPC).

(b)

The P&Z, following a public hearing, shall make a recommendation on an application in accordance with Section 2.4.15 C, Text Amendment Review Standards.

(c)

The P&Z shall comment on whether or not the text amendment is consistent with all applicable City adopted policy guidance.

6.

City Council Review and Decision

(a)

Applicable (see Section 2.3.9, Action by Decision-Making Body).

(b)

The City Council, after the conclusion of a public hearing, shall decide the application in accordance with Section 2.4.15 C, Text Amendment Review Standards.

(c)

The decision shall be one of the following:

(1)

Adoption of the text amendment as proposed;

(2)

Adoption of a revised text amendment;

(3)

Denial of the text amendment; or

(4)

Remand of the text amendment application to the P&Z for further consideration.

(d)

In making its decision, the City Council shall adopt a written statement of consistency and reasonableness that:

(1)

Describes whether the decision is consistent with all applicable City adopted policy guidance; and

(2)

Explains why the decision is reasonable and in the public interest.

C.

Text Amendment Review Standards The advisability of amending the text of this Ordinance is a matter committed to the legislative discretion of the City Council and is not controlled by any one factor. In determining whether to adopt or deny the proposed text amendment, the City Council may weigh the relevance of and consider whether and the extent to which the proposed text amendment:

1.

Is consistent with the City's adopted policy guidance;

2.

Is not in conflict with any provision of this Ordinance or the City of High Point Code of Ordinances;

3.

Is required by changed conditions;

4.

Addresses a demonstrated community need;

5.

Addresses an unforeseen matter not present when the Ordinance was adopted;

6.

Is consistent with the purpose and intent of the zoning districts in this Ordinance, or would improve compatibility among uses and ensure efficient development within the city;

7.

Would result in a logical and orderly development pattern; and

8.

Would not result in significantly adverse impacts on the natural environment, including but not limited to water, air, noise, stormwater management, wildlife, vegetation, and the natural functioning of the environment.

D.

Effect Applicable (see Section 2.3.12, Effect of Development Approval).

E.

Amendment Amendment of a text amendment approval may only be reviewed and considered in accordance with the procedures and standards established for its original approval.

(Ord. No. 7476/18-105, § 1.C, 12-3-2018; Ord. No. 7622/20-38, § 7.C, 8-5-2020)

A.

Applicability Development that would otherwise be subject to undue and unique hardship from the applications of the standards in this Ordinance may seek relief from the standards in accordance with this section.

B.

Variances Distinguished This section sets out the procedure and review standards for three types of variances.

1.

The zoning variance procedure may be used to seek hardship relief from the dimensional standards in this Ordinance. A variance shall not be requested to:

(a)

Vary from density or intensity beyond that allowed in a base zoning district;

(b)

Permit a use not allowed in a zoning district;

(c)

Modify any standards in Section 5.7, Signage other than sign height or allowable sign location; or

(d)

Allow a prohibited use.

2.

The flood damage prevention variance may be used to request relief from the standards in Section 6.4, Flood Damage Prevention, for:

(a)

The repair or rehabilitation of historic structures when the proposed repair or rehabilitation will not affect the structure's designation as an historic structure and the variance is the minimum necessary to preserve the historic character and design of the structure;

(b)

A functionally dependent facility, provided it is protected by methods that minimize flood damage during the base flood and create no additional threats to public safety; and

(c)

Any other type of development, provided it meets the standards of this section for a flood damage prevention variance.

3.

The watershed variance may be used to request relief from the State's watershed protection standards in Section 6.2, Watershed Protection, for two types of watershed variances:

(a)

Major Watershed Variances A major watershed variance is a variance from the minimum State watershed protection rules that results in:

(1)

The relaxation of any surface water buffer width, density, built-upon area or minimum lot size requirement by a factor greater than 5 percent under the high-density option;

(2)

The relaxation of any surface water buffer width, density, built-upon area or minimum lot size requirement by a factor greater than 10 percent under the low-density option;

(3)

The permission to allow activities deemed allowable with exception in accordance with Section 6.2.9 C.5, New Development and Activities, impacting greater than one-third of an acre of a surface water buffer; or

(4)

Any variation in the design, maintenance or operation requirements of an approved stormwater control measure.

(b)

Minor Watershed Variances A minor watershed variance is a variance from the minimum State watershed protection rules that results in:

(1)

The relaxation of any surface water buffer width, density, built-upon area or minimum lot size requirement by a factor of up to 5 percent under the high-density option;

(2)

The relaxation of any surface water buffer width, density, built-upon area or minimum lot size requirement by a factor up to 10 percent under the low-density option; or

(3)

The permission to allow activities deemed allowable with exception in accordance with Section 6.2.9 C.5, New Development and Activities, impacting equal to or less than one-third of an acre of a surface water buffer.

C.

Variance Procedure

1.

Pre-Application Conference Applicable (see Section 2.3.2, Pre-Application Conference).

2.

Application Submittal and Acceptance Applicable (see Section 2.3.4, Application Submittal and Acceptance).

3.

Staff Review

(a)

Applicable (see Section 2.3.5, Staff Review and Action).

(b)

Dependent upon the type of variance, the Planning and Development Director, Engineering Services Director or TRC shall review the application, prepare a staff report, and provide a recommendation in accordance with Section 2.4.16 D, Variance Review Standards.

4.

Public Notification Applicable (see Section 2.3.6, Public Notification).

5.

HPC Review and Recommen-
dation

(a)

Applicable (see Section 2.3.8, Review by P&Z or HPC).

(b)

If the application is for land located within a LHO district, the HPC, following a meeting, shall provide a recommendation on the application to the BOA. The BOA shall not make a decision on an application until they receive a recommendation from the HPC.

6.

BOA Review and Decision

(a)

Applicable (see Section 2.3.9, Action by Decision-Making Body, and Section 2.3.7, Quasi-Judicial Hearing Procedures).

(b)

The BOA, after the conclusion of a quasi-judicial hearing, shall decide the application for a variance.

(c)

The decision shall be based on the competent, material, and subsequent evidence in the record, as supplemented by the arguments presented at the quasi-judicial hearing, and the standards in Section 2.4.16 D, Variance Review Standards.

(d)

The decision shall be one of the following:

(1)

Approval of the variance as proposed;

(2)

Approval of the variance with revisions; or

(3)

Denial of the variance.

(e)

The concurring vote of four-fifths of the BOA shall be necessary to grant a variance.

(f)

Each decision shall be made in writing and reflect the BOA's determination of contested facts and their application to the standards in this Ordinance.

(g)

The written decision shall be signed by the Chair or other duly authorized member of the BOA.

(h)

The decision of the BOA shall be effective upon the filing of the written decision.

7.

North Carolina Environmental Management Commission (EMC) Review

(a)

Table 2.4.16, N.C. Environmental Management Commission (EMC) Review of Watershed Variances, shows the circumstances under which a watershed variance request must be reviewed by the EMC.

(b)

If the BOA does not recommend approval of a major watershed variance, it shall be deemed denied and shall not be forwarded to the EMC.

(c)

If the EMC approves the major watershed variance, then it will prepare a decision that includes any conditions or stipulations added by the EMC and authorizing the BOA to issue a final decision granting the variance.

(d)

If the EMC denies the major watershed variance, then it will prepare a decision authorizing the BOA to issue a final decision denying the variance.

8.

Notification of Decision The decision of the BOA shall be delivered by personal service, electronic mail, or by first-class mail to the applicant, the landowner, and to any person who has submitted a written request for a copy prior to the date the decision becomes effective. The person providing notification of decision shall certify that proper notification has been made.

D.

Variance Review

1.

Zoning Variance

(a)

General Requirements

(1)

No change in permitted uses may be authorized by a variance.

(2)

It is not necessary to demonstrate that, in the absence of the variance, no reasonable use can be made of the property.

(3)

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.

(4)

The act of purchasing property with knowledge that circumstances exist that may justify the granting of the variance is not a self-created hardship.

(b)

Review Standards A zoning variance shall be approved upon a showing that all of the following standards are met:

(1)

Unnecessary hardship would result from the strict application of the Ordinance.

(2)

The hardship results from conditions that are peculiar to the property, such as location, size, or topography.

(3)

The hardship did not result from actions taken by the applicant or the property owner.

(4)

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

2.

Flood Damage Prevention Variance Standards A flood damage prevention variance shall be approved upon evidence presented that demonstrates the following requirements are met and the required findings made:

(a)

General Requirements

(1)

The variance is the minimum necessary, considering the flood hazard, to afford relief.

(2)

Approval of the variance will not render the structure in violation of applicable federal, state, or local requirements.

(3)

Approval of the variance will not result in any increase in flood levels within any designated floodway or non-encroachment area during the base flood discharge.

(4)

The variance is issued prior to any other prerequisite permit or development approvals.

(5)

Consideration shall be given to all of the following factors:

(i)

The danger that materials may be swept onto other lands and injure others;

(ii)

The danger to life and land due to flooding or erosion damage;

(iii)

The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual landowner;

(iv)

The importance of the services provided by the proposed facility to the community;

(v)

The necessity to the facility of a waterfront location as a functionally-dependent facility;

(vi)

The availability of alternative locations, not subject to flooding or erosion damage, for the proposed use;

(vii)

The compatibility of the proposed use with existing and anticipated development;

(viii)

The relationship of the proposed use to the City's adopted policy guidance and the City's floodplain management program;

(ix)

The safety of access to the use in times of flood for ordinary emergency vehicles;

(x)

The expected height, velocity, duration, rate of rise, and sediment transport of the floodwaters and the effects of wave action, if applicable, expected at the site; and

(xi)

The costs of providing governmental services during and after flood conditions including maintenance and repair of public utilities and facilities such as sewer, gas, electrical and water systems, and streets and bridges.

(b)

Required Findings

(1)

There is a good and sufficient cause to grant the variance.

(2)

Failure to grant the variance would result in exceptional hardship.

(3)

Granting the variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisance, cause fraud on or victimization of the public, or conflict with this Ordinance.

3.

Watershed Variance Standards A watershed variance (major or minor) shall be approved upon evidence presented that demonstrates the following requirements are met and the required findings are made:

(a)

General Requirements

(1)

Where the watershed protection standards in this Ordinance exceed the State's minimum watershed protection standards, then a modification to the requirements may be requested in accordance with Section 6.2.16, Watershed Modifications.

(2)

The applicant shall demonstrate that the project meets all the following criteria:

(i)

The basic project purpose cannot be practically accomplished in a manner that would avoid or better minimize disturbance, preserve aquatic life and habitat, and protect water quality;

(ii)

The development activity cannot practically be reduced in size or density, reconfigured or redesigned to better minimize disturbance, preserve aquatic life and habitat, and protect water quality;

(iii)

Stormwater control measures shall be used to minimize disturbance, preserve aquatic life and habitat, protect water quality, and will function in perpetuity;

(iv)

For requests involving the permission to allow activities deemed allowable with exception in accordance with Section 6.2.9 C.5, New Development and Activities, it shall be necessary to demonstrate that, in the absence of the variance, the applicant can secure no reasonable return from, nor make reasonable use of their property; and

(v)

The variance results in the minimum possible deviation from the terms of the surface buffer requirements that shall make reasonable use of the property possible.

(3)

The act of purchasing property with knowledge that circumstances exist that may justify the granting of the variance shall not be regarded as a self-created hardship.

(4)

None of the following may be used as the basis for approving a watershed variance:

(i)

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;

(ii)

Difficulties or hardships resulting from personal circumstances or resulting from conditions that are common to the neighborhood or the general public;

(iii)

Hardships resulting from factors other than application of the relevant standards of this Ordinance;

(iv)

That granting the variance would allow greater profit from the property; or

(v)

Financial hardship.

(b)

Required Findings

(1)

There are practical difficulties or unnecessary hardships that prevent compliance with the Ordinance.

(2)

The difficulty or hardship results from conditions that are peculiar to the physical nature of the property, such as location, size, shape, or topography.

(3)

The difficulty or hardship did not result from actions taken by the applicant or the property owner.

(4)

The variance is consistent with the spirit, purpose, and intent of the Ordinance, such that water quality is protected, public safety and welfare is secured, and substantial justice is achieved.

(5)

The variance will ensure equal or better protection of the waters of the State than the requirements of this Ordinance.

E.

Conditions of Approval In granting a variance the BOA may prescribe conditions of approval to ensure compliance with the standards of this section, and to assure that the use of the land to which the variance applies will be compatible with surrounding lands and will not alter the essential character of the neighborhood.

1.

A variance granted subject to a condition of approval shall be permitted as long as there is compliance with the condition.

2.

Violation of a condition of approval shall be deemed a violation of this Ordinance.

3.

If a violation or invalidation of a condition of approval occurs, the Planning and Development Director may revoke the certificate of occupancy for the development subject to the variance.

F.

Effect

1.

General Approval of a variance authorizes only the particular regulatory relief approved by the BOA. It does not exempt the applicant from the responsibility to obtain all other permits or development approvals required by this Ordinance or any other applicable laws, and does not indicate that the development for which the variance is granted should receive other permits or development approvals under this Ordinance unless the relevant and applicable portions of this Ordinance are met.

2.

Notification Regarding Flood Insurance Costs

(a)

An applicant for whom a flood damage prevention variance is approved shall be provided written notice by the Planning and Development Director specifying the difference between the base flood elevation (BFE) and the elevation to which the structure is built. The notice shall inform the applicant about the risks to life and property from construction below the BFE and that issuance of a variance to construct a structure below the BFE will result in increased premium rates for flood insurance.

(b)

The notification shall be maintained by the Engineering Services Director with the record of the flood damage prevention variance action.

3.

Records Upon request, the Engineering Services Director shall report all flood damage prevention variances approved in accordance with this section to the Federal Emergency Management Agency and the State of North Carolina. The Planning and Development Director shall maintain a record of all watershed variances and provide those records to the DWR upon request in accordance with Section 6.2.17, Watershed Accounting.

G.

Amendment Amendment of a variance may only be reviewed and considered in accordance with the procedures and standards established for its original approval.

H.

Expiration

1.

The approval of a variance establishes a vested right in accordance with Section 1.10.1, Development Permit.

2.

A variance approval shall expire and become null and void within 1 year of the issuance of the order unless development authorized by the variance has substantially commenced.

I.

Appeal Any decision by the BOA shall be subject to Superior Court review by proceedings in the nature of certiorari.

(Ord. No. 7415/18-44, § 1.D, 5-21-2018; Ord. No. 7476/18-105, §§ 1.C, 6, 12-3-2018; Ord. No. 7622/20-38, §§ 4.G, 9, 8-5-2020; Ord. No. 7679/20-95, § 3.B, 12-9-2020; Ord. No. 7712/21-29, § 5.L, 5-19-2021; Ord. No. 7926/23-41, § 2, 5-15-2023; Ord. No. 8052/25-30, § 3, 7-21-2025)

A.

Applicability

1.

A vested right may be established, in accordance with Sections 160D-108.1 of the North Carolina General Statutes and this section, for the following permits and development approvals:

(a)

Site plans;

(b)

Group development plans; or

(c)

Preliminary plans.

2.

Any application for a vested rights certificate shall be processed concurrently or after the approval of a site plan, group development plan, or a preliminary plan.

B.

Vested Rights Certificate Procedure

1.

Pre-Application Conference Required (see Section 2.3.2, Pre-Application Conference).

2.

Application Submittal and Acceptance

(a)

Applicable (see Section 2.3.4, Application Submittal and Acceptance).

(b)

Applications may be initiated by the landowner or any person who may submit an application in accordance with Section 2.3.4 A, Authority to File Applications.

3.

Staff Review

(a)

Applicable (see Section 2.3.5, Staff Review and Action).

(b)

The Planning and Development Director shall review the application, prepare a staff report, and provide a recommendation in accordance with Section 2.4.17 C, Vested Rights Certificate Review Standards.

4.

Public Notification Applicable (See Section 2.3.6, Public Notification).

5.

City Council Review and Decision

(a)

Applicable (See Section 2.3.9, Action by Decision-Making Body, and 2.3.7, Quasi-Judicial Hearing Procedures).

(b)

The City Council, after the conclusion of a quasi-judicial hearing, shall decide the application in accordance with Section 2.4.17 C, Vested Rights Certificate Review Standards.

(c)

The decision shall be one of the following:

(1)

Approval of the vested rights certificate as proposed;

(2)

Approval of a revised vested rights certificate;

(3)

Denial of vested rights certificate; or

(4)

Remand of the vested rights certificate application to the Planning and Development Director for further review.

C.

Vested Rights Certificate Review Standards A vested rights certificate shall be approved if the applicant demonstrates:

1.

The vested rights certificate is for an approved site plan, group development plan, or preliminary plan;

2.

The development is valid and unexpired; and

3.

Any required variances have been obtained.

D.

Effect

1.

Applicable (see Section 2.3.12, Effect of Development Approval).

2.

A vested rights certificate shall be approved prior to issuance of a building permit.

E.

Amendment Amendment of vested rights certificate may only be reviewed and considered in accordance with the procedures and standards established for its original approval.

F.

Expiration

1.

A vested right certificate shall expire and become null and void:

(a)

If a building permit application for the development subject to the certificate is not submitted within 7 years of the approval of the vested rights certificate.

(b)

Upon a finding by the City Council after notice and a public hearing, that:

(1)

Natural or man-made hazards on or in the immediate vicinity of the land, if uncorrected, would pose a serious threat to the public health, safety, and welfare if the project were to proceed as contemplated; or

(2)

The landowner or landowner's representative intentionally supplied inaccurate information or made material misrepresentations which affected the approval of the site plan, group development, preliminary plan, or vested right certificate; or

(3)

The landowner failed to comply with any condition imposed upon the establishment of the site plan, group development, preliminary plan, or vested right certificate.

(c)

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 fees incurred after approval of the certificate by the City, together with interest at the legal rate until paid. Compensation shall not include any diminution in the value of the land which is caused by such action.

(d)

With the written consent of the affected landowner.

2.

Upon enactment or promulgation of a state or federal law or regulation that precludes development as contemplated in the site plan, group development, or preliminary plan, the City Council may modify the affected provisions of the certificate by ordinance, if after conducting a hearing, it finds the changed conditions created by the change in the state or federal law have a fundamental effect on the site plan, group development, or preliminary plan.

(Ord. No. 7476/18-105, § 1.C, 12-3-2018; Ord. No. 7622/20-38, §§ 4.H, 22, 8-5-2020; Ord. No. 7712/21-29, §§ 1.L, 5.M, 5-19-2021)

A.

Applicability The City Council may consider voluntary annexation petitions, prepared in accordance with the standards in this section, from:

1.

The landowner of land that is contiguous with the City's corporate limits; and

2.

The landowner of land that is not contiguous to the corporate limits when the proposed voluntary annexation complies with the following standards:

(a)

The land proposed for annexation is no more than 3 miles from the contiguous corporate limits; and

(b)

No portion of the land proposed for annexation is closer to the contiguous corporate limits of another municipality unless the land is subject to an approved annexation agreement that includes the land within the City's planning area; and

(c)

If the land proposed for annexation is part of a recorded subdivision, all lots in the recorded subdivision are part of the annexation petition; and

(d)

The combined total land area associated with the annexation, when added to all other noncontiguous land areas annexed by the City does not exceed 10 percent of the land area located within the City's contiguous corporate limits.

B.

Voluntary Annexation Review Procedure

1.

Pre-Application Conference Applicable (see Section 2.3.2, Pre-Application Conference).

2.

Application Submittal and Acceptance

(a)

Applicable (see Section 2.3.4, Application Submittal and Acceptance).

(b)

The voluntary annexation petition shall be signed by all the landowners of land proposed for annexation.

(c)

Applications shall be accompanied by an application for a zoning map amendment for the subject land in accordance with Section 2.4.20, Zoning Map Amendment, unless the land is within the City's Extraterritorial Jurisdiction.

(d)

The voluntary annexation petition shall include a signed statement declaring whether or not any vested right with respect to the land subject to the petition has been established under Section 160D-108.1 of the North Carolina General Statutes.

3.

Staff Review

(a)

Applicable (see Section 2.3.5, Staff Review and Action).

(b)

Following receipt of a voluntary annexation petition the City Clerk shall investigate and certify whether the petition is legally sufficient. If certified as legally sufficient, the petition shall be reviewed in accordance with this section.

(c)

The TRC shall review the application and comment on the City's ability to provide municipal services.

(d)

The Planning and Development Director shall review the application, prepare a staff report, and provide a recommendation in accordance with Section 2.4.18 C, Voluntary Annexation Review Standards.

4.

Public Notification Applicable (see Section 2.3.6, Public Notification).

5.

City Council Review and Decision

(a)

Applicable (see Section 2.3.9, Action by Decision-Making Body).

(b)

The City Council, after the conclusion of a public hearing, shall decide the application in accordance with Section 2.4.18 C, Voluntary Annexation Review Standards.

(c)

The decision shall be one of the following:

(1)

Approval of the voluntary annexation petition;

(2)

Denial of the voluntary annexation petition; or

(3)

Remand of the voluntary annexation petition to the Planning and Development Director for further review.

C.

Voluntary Annexation Review Standards Approval of a voluntary annexation is a matter committed to the legislative discretion of the City Council. The voluntary annexation petition may be approved upon a finding the petition complies with all the standards in Section 160A-31 or Section 160A-58 of the North Carolina General Statutes, as appropriate, and:

1.

The voluntary annexation petition bears the signatures of all landowners within the area to be annexed;

2.

The area to be annexed can be adequately served by the same municipal services provided within the City's primary corporate limits;

3.

The debt obligations from serving the subject lands do not exceed the anticipated revenues to the City; and

4.

The public health, safety, and welfare of City residents and the residents of the lands proposed for annexation will be best served by the annexation.

D.

Recording An ordinance approving a voluntary annexation adopted by the City, together with a map of the annexed area, shall be recorded in the office of the Register of Deeds for the county where the land is located within a reasonable period of time after adoption of the annexation.

E.

Effect

1.

Within 60 days of voluntary annexation, the City Council shall adopt a zoning district classification for the land involved. The City Council may consider a City-initiated or landowner-initiated zoning map amendment immediately following approval of the annexation.

2.

Upon the effective date of annexation, the land shall be subject to the debts, laws, ordinances and regulations of the City, and shall be entitled to the same privileges and benefits as other parts of the City.

F.

Expiration Land may be de-annexed only by act of the North Carolina General Assembly.

(Ord. No. 7476/18-105, § 1.C, 12-3-2018; Ord. No. 7712/21-29, § 1.M, 5-19-2021)

Editor's note— Ord. No. 7679/20-95, § 3.C, adopted December 9, 2020, repealed § 2.4.19 which pertained to watershed variance and derived from Ord. No. 7266/17-08, § 5, adopted January 17, 2017 and Ord. No. 7476/18-105, § 1.C, adopted December 3, 2018.

A.

Applicability This section provides a uniform means for reviewing and deciding proposed amendments to the Official Zoning Map whenever the public necessity, general welfare, the City's adopted policy guidance, or appropriate land use practices justify or require doing so.

B.

Zoning Map Amendment Procedure

1.

Pre-Application Conference Applicable (see Section 2.3.2, Pre-Application Conference).

2.

Citizen Information Meeting Applicable when a more intense zoning district classification is being requested (see Section 2.3.3, Citizen Information Meeting).

3.

Application Submittal and Acceptance

(a)

Applicable (see Section 2.3.4, Application Submittal and Acceptance).

(b)

Zoning Map Amendment applications may be initiated by the City Council or all landowner(s) of the land subject to the application. (SL 1989-918)

(c)

When required, a traffic impact analysis shall be submitted for review with the submittal of an application for a zoning map amendment. The procedure for preparation of a traffic impact analysis is described in the Development Guide.

4.

Staff Review

(a)

Applicable (see Section 2.3.5, Staff Review and Action).

(b)

The Planning and Development Director shall review the application, prepare a staff report, and provide a recommendation in accordance with Section 2.4.20 C, Zoning Map Amendment Review Standards.

5.

Public Notification Applicable (see Section 2.3.6, Public Notification).

6.

P&Z Review and Decision or HPC Review and Recommendation

(a)

Applicable (see Section 2.3.8, Review by P&Z or HPC).

(b)

If the application is proposed for land located within a LHO district, the HPC, following a meeting, shall provide a recommendation on the application to the P&Z. The P&Z shall not make a decision on an application until they receive a recommendation from the HPC.

(c)

The P&Z, following a public hearing, shall make a decision on the application in accordance with Section 2.4.20 C, Zoning Map Amendment Review Standards, and shall comment on the application's consistency with all applicable City adopted policy guidance.

7.

P&Z and City Council Review and Decision

(a)

Applicable (see Section 2.3.9, Action by Decision-Making Body).

(b)

The P&Z and City Council, at the conclusion of a public hearing, shall decide the application in accordance with Section 2.4.20 C, Zoning Map Amendment Review Standards.

(c)

The decision shall be one of the following:

(1)

Adoption of the zoning map amendment as proposed;

(2)

Adoption of a revised zoning amendment;

(3)

Denial of the zoning map amendment; or

(4)

Remand the zoning map amendment application to the P&Z for further consideration.

(d)

In making its decision, the P&Z and City Council shall adopt a written statement of consistency and reasonableness that:

(1)

Describes whether the decision is consistent with all applicable City adopted policy guidance; and

(2)

Explains why the decision is reasonable and in the public interest.

8.

Designation on the Official Zoning Map The Planning and Development Director shall make changes to the Official Zoning Map promptly after approval of a zoning map amendment application by the P&Z or City Council.

C.

Zoning Map Amendment Review Standards The advisability of a zoning map amendment is a matter committed to the legislative discretion of the P&Z and City Council and is not controlled by any one factor. In determining whether to adopt or deny a proposed zoning map amendment, the P&Z and City Council shall weigh the relevance of and consider the following:

1.

Consistency with Adopted Policy Guidance Whether and the extent to which the proposed zoning map amendment is appropriate for its proposed location, and is consistent with the City's adopted policy guidance.

2.

Reasonableness/Public Interest Why a decision to approve, or to deny, the proposed zoning map amendment would be reasonable and in the public interest.

D.

Effect Applicable (see Section 2.3.12, Effect of Development Approval).

E.

Amendment Amendment of an approved zoning map amendment may only be reviewed and considered in accordance with the procedures and standards established for its original approval.

(Ord. No. 7476/18-105, § 1.C, 12-3-2018; Ord. No. 7521/19-38, § 2.C, 4-15-2019; Ord. No. 7622/20-38, § 7.D, 8-5-2020; Ord. No. 7969/23-17, § 11(Pts. 1—4), 10-2-2023)

A.

General This section sets forth supplemental procedures, standards, and related information for each of the specific review procedures subject to staff review and decision, as identified in Table 2.1.2, Summary Development Review Table. They apply in addition to, or instead of, the standard procedures set forth in Section 2.3, Standard Review Procedures.

B.

Structure of Procedures

1.

For each type of development application reviewed under this Ordinance, the following sections state the applicability of a procedure, the steps in the procedure, the review standards for the application, and provisions addressing expiration and amendment, if applicable.

2.

Development application provisions in this section are organized in alphabetical order in accordance with the sequence of procedures in Table 2.1.2, Summary Development Review Table.

C.

Procedural Flowchart Legend Each development application review procedure in this section includes a procedural flowchart that depicts the steps in the review process. White boxes indicate actions of the applicant. Light blue boxes indicate actions of City staff. Grey boxes indicate the decision-making step. Boxes with dashed lines show optional steps.

(Ord. No. 7365/17-108, § 1, 11-20-2017)

A.

Applicability This section provides an administrative mechanism for allowing minor adjustments to certain standards (e.g., setbacks) in this Ordinance, based on specific review criteria, with the intent of providing relief where application of a standard creates practical difficulties in allowing development that otherwise advances the purposes served by this Ordinance where the adjustment is compatible with the surrounding development.

B.

Administrative Adjustment An administrative adjustment is reviewed and decided by the Planning and Development Director and allows an adjustment of the standards in accordance with Section 2.5.2 C, Administrative Adjustment Amount.

C.

Administrative Adjustment Amount Table 2.5.2.C, Administrative Adjustment Amount, sets out the standards that may be adjusted through the administrative adjustment procedure and the maximum percentage of allowable adjustment.

D.

Administrative Adjustment Procedure

1.

Pre-Application Conference Optional (see Section 2.3.2, Pre-Application Conference).

2.

Application Submittal and Acceptance Applicable (see Section 2.3.4, Application Submittal and Acceptance).

3.

Staff Review and Action

(a)

Applicable (see Section 2.3.5, Staff Review and Action).

(b)

The Planning and Development Director shall review and decide applications for an administrative adjustment in accordance with Section 2.5.2 E, Administrative Adjustment Review Standards.

E.

Administrative Adjustment Review Standards An administrative adjustment shall be approved on a decision the applicant demonstrates all of the following:

1.

The administrative adjustment is consistent with the thresholds for an administrative adjustment established in this section;

2.

The administrative adjustment is consistent with the character of development on surrounding land, and is compatible with surrounding land uses;

3.

The administrative adjustment is either:

(a)

Required to compensate for some unusual aspect of the site or the proposed development that is not shared by landowners in general; or

(b)

Supports an objective or goal from the purpose and intent statements of the zoning district where it is located; or

(c)

Saves healthy existing trees;

(d)

For telecommunication collocations, it is determined there is sufficient coverage for the area that does not warrant additional collocations.

4.

The administrative adjustment will not pose a danger to the public health or safety;

5.

Adverse impacts resulting from the administrative adjustment will be fully mitigated; and

6.

The development standard being adjusted is not the subject of a previously approved administrative adjustment on the same site.

7.

The development standard being adjusted is not expressly prohibited by a condition of approval.

F.

Conditions of Approval Applicable (see Section 2.3.10, Conditions of Approval).

G.

Effect An administrative adjustment shall be reviewed and decided prior to the other applications with which it is submitted. (For example, if an administrative adjustment application is submitted in conjunction with a site plan application because the administrative adjustment is needed to achieve the plan for development in the site plan, the administrative adjustment application shall be reviewed and decided prior to the approval of the site plan application.)

H.

Amendment Amendment of an administrative adjustment may only be reviewed and considered in accordance with the procedures and standards established for its original approval.

I.

Expiration If an administrative adjustment is associated with another permit or development approval, the expiration of the administrative adjustment shall be the same as the permit or development approval with which it is associated.

J.

Appeal Applicable (see Section 2.4.3, Appeal).

(Ord. No. 7266/17-08, §§ 4, 6, 1-17-2017; Ord. No. 7287/17-29, § 1, 4-3-2017; Ord. No. 7476/18-105, § 7.A, 12-3-2018; Ord. No. 7680/20-96, §§ 3.A, 3.B, 12-9-2020; Ord. No. 7750/21-67, § 2, 11-1-2021)

A.

Applicability Unless exempted in accordance with the State Building Code, no construction, addition, alteration, repair, movement to another site, removal, or demolition of any building or structure may occur until a building permit is approved in accordance with the procedures and standards of this section.

B.

Building Permit Procedure

1.

Pre-Application Conference Optional (see Section 2.3.2, Pre-Application Conference).

2.

Application Submittal and Acceptance Applicable (see Section 2.3.4, Application Submittal and Acceptance).

3.

Staff Review and Action

(a)

Applicable (see Section 2.3.5, Staff Review and Action).

(b)

The Planning and Development Director shall review and decide the application for a building permit in accordance with Section 2.5.3 C, Building Permit Review Standards.

(c)

All applications for a building permit shall also be granted a certificate of occupancy or a certificate of compliance upon satisfactory completion of all required building and site inspections in accordance with Section 2.5.3 C, Building Permit Review Standards.

(d)

A temporary certificate of occupancy may be issued by the Planning and Development Director prior to the completion of all construction or changes if occupancy will not violate any health or safety considerations of any applicable codes.

(1)

The Planning and Development Director shall specify the duration of the temporary certificate of occupancy, which shall not exceed 90 days.

(2)

If all remaining work is not completed within the specified timeframe of the temporary certificate of occupancy, the Planning and Development Director shall order the applicant to cease occupancy immediately. Occupancy shall not recommence until a certificate of occupancy is obtained in accordance with this section.

(e)

The Planning and Development Director may require the applicant to submit a financial guarantee (see Section 2.6, Financial Guarantees) in an amount necessary to ensure that any work not completed as specified in the development permit or approval will be completed within the specified timeframe for a certificate of occupancy or a temporary certificate of occupancy.

C.

Building Permit Review Standards A building permit shall be issued and a certificate of occupancy granted on a decision that the application complies with:

1.

The State Building Code;

2.

The applicable requirements of the county Health Department;

3.

All standards or conditions of any prior, applicable permits and development approvals; and

4.

All other applicable requirements of this Ordinance and the City Code of Ordinances.

D.

Effect Applicable (see Section 2.3.12, Effect of Development Approval).

E.

Amendment Amendment of a building permit may only be reviewed and considered in accordance with the procedures and standards established for its original approval.

F.

Expiration

1.

A building permit shall expire and become null and void if the development it authorizes is not commenced within 6 months of the permit issuance.

2.

If development authorized by a building permit commences but is discontinued for a continuous period of 12 months, the permit shall expire and become null and void.

G.

Appeal An appeal of a decision on a building permit may be filed with the North Carolina Commissioner of Insurance, in accordance with Section 160D-1127 of the North Carolina General Statutes.

(Ord. No. 7622/20-38, § 11.C, 8-5-2020; Ord. No. 7712/21-29, § 1.N, 5-19-2021)

A.

Applicability The Planning and Development Director is responsible for written determinations of all provisions of this Ordinance, including, but not limited to:

1.

Determinations of the meaning of the text;

2.

Determinations of the zoning district boundaries on the Official Zoning Map;

3.

Determinations of whether an unlisted use in Table 4.1.9, Principal Use Table, is comparable to a listed use or not, and should be allowed in a zoning district or prohibited in that district; and

4.

Determinations of compliance with a condition of approval.

B.

Determination Procedure

1.

Pre-Application Conference Optional (see Section 2.3.2, Pre-Application Conference).

2.

Application Submittal and Acceptance

(a)

Applicable (see Section 2.3.4, Application Submittal and Acceptance).

(b)

An application for a formal written determination may be initiated by any person having an interest in the matter in question.

3.

Staff Review and Action

(a)

Applicable (see Section 2.3.5, Staff Review and Action).

(b)

The Planning and Development Director shall review the request and make determinations in accordance with Section 2.5.4 C, Determination Review Standards.

(c)

The Planning and Development Director may request additional information as necessary to make a determination.

(d)

Prior to rendering a determination the Planning and Development Director may consult with the City Attorney and other affected City officials.

C.

Determination Review Standards

1.

Zoning District Map Boundaries Determination of zoning district boundaries on the Official Zoning Map shall be in accordance with the standards in Section 3.1.5 C, Interpretation of Official Map Boundaries, and consistent with the City's adopted policy guidance.

2.

Unlisted Uses Determination of whether an unlisted use is similar to a use identified in Table 4.1.9, Principal Use Table, shall be based on consistency with the City's adopted policy guidance and the following standards:

(a)

The function, product, or physical characteristics of the use;

(b)

The impact on adjacent lands created by the use;

(c)

The type, size, and nature of buildings and structures associated with the use;

(d)

The type of sales (retail, wholesale), and the size and type of items sold and displayed on the premises;

(e)

The types of items stored (such as vehicles, inventory, merchandise, chemicals, construction materials, scrap and junk, and raw materials including liquids and powders);

(f)

The volume and type of vehicle traffic generated by the use, and the parking demands of the use;

(g)

Any processing associated with the use, including assembly, manufacturing, warehousing, shipping, distribution, and whether it occurs inside or outside a building;

(h)

Any dangerous, hazardous, toxic, or explosive materials associated with the use;

(i)

The amount and nature of any nuisances generated on the premises, including but not limited to noise, smoke, odor, glare, vibration, radiation, and fumes; and

(j)

Any prior determinations made by the Planning and Development Director or decisions made by the BOA.

3.

Text Provisions Determination of the text and its application shall be based on the standards in Section 10.1, General Rules for Interpretation, and the following considerations:

(a)

The clear and plain meaning of the provision's wording, as defined by the meaning and significance given specific terms used in the provision—as established in Section 10.4, Definitions, and by the common and accepted usage of the term;

(b)

The intended purpose of the provision, as indicated by purpose statements, its context and consistency with surrounding and related provisions, and any legislative history related to its adoption;

(c)

The general purposes served by this Ordinance, as set forth in Section 1.3, General Purpose and Intent; and

(d)

Consistency with the City's adopted policy guidance.

D.

Effect

1.

General

(a)

The decision and explanation shall be made in writing, shall state the determination is final and subject to appeal as provided in Section 2.4.3, Appeals, and shall be delivered by personal service, electronic mail, or by first class mail to the applicant.

(b)

A written determination shall be binding on subsequent decisions by the Planning and Development Director or other administrative officials in applying the same provision of this Ordinance or the Official Zoning Map in the same circumstance, unless the determination is modified in accordance with this section, or the text of this Ordinance is amended.

(c)

The Planning and Development Director shall maintain a record of written determinations in the Development Guide that shall be available in the Planning and Development Department for public inspection, on reasonable request, during normal business hours.

2.

Approval of Unlisted Use

(a)

After the Planning and Development Director determines the use category or use type in which the unlisted use is best classified as well as the land use intensity score, then the unlisted use shall be subject to all applicable requirements of that use category or use type.

(b)

After making a determination of an unlisted use, the Planning and Development Director shall determine whether the unlisted use is likely to be common or recur frequently, and whether its omission is likely to lead to uncertainty and confusion. On determining that the unlisted use is likely to be common and would lead to confusion if unlisted, the Planning and Development Director shall initiate an application for a text amendment. Until final action is taken on the text amendment, the Planning and Development Director's decision shall be binding.

(c)

If after making a determination of an unlisted use, the Planning and Development Director determines that the unlisted use is of an unusual or transitory nature, and unlikely to recur frequently, the determination shall be binding without further action or amendment of this Ordinance.

E.

Appeal Applicable (see Section 2.4.3, Appeal).

(Ord. No. 7622/20-38, § 10, 8-5-2020)

A.

Applicability This section provides a procedure for the City to transfer a recorded, but unnecessary access, utility, drainage, conservation, or other easement back to one or more landowners.

B.

Easement Reconveyance Procedure

1.

Pre-Application Conference Optional (see Section 2.3.2, Pre-Application Conference).

2.

Application Submittal and Acceptance Applicable (see Section 2.3.4, Application Submittal and Acceptance).

3.

Staff Review and Action

(a)

Applicable (see Section 2.3.5, Staff Review and Action).

(b)

The TRC shall review and decide the application in accordance with Section 2.5.5 C, Easement Reconveyance Review Standards.

(c)

Following a decision on the reconveyance application by the TRC, the City Attorney shall prepare a quitclaim deed that is signed by the Mayor.

C.

Easement Reconveyance Review Standards An easement reconveyance shall be approved on a decision that the application complies with:

1.

The easement being reconveyed is no longer required and is not likely to be needed in the future;

2.

Reconveyance of all or a portion of an easement will not impair the City's ability to provide necessary municipal services;

3.

Reconveyance will not convey a right or obligation to one landowner over another similarly situated landowner; and

4.

The proposed reconveyance would be in the best interest of the public.

D.

Conditions of Approval Applicable (see Section 2.3.10, Conditions of Approval).

E.

Appeal Applicable (see Section 2.4.3, Appeal).

A.

Applicability This section provides a procedure, in accordance with Section 160D-802 of the North Carolina General Statutes, for exclusion of the following divisions of land from the subdivision requirements of this Ordinance:

1.

A combination or recombination of portions of previously subdivided and recorded lots that does not increase the total number of lots, and the resultant lots are equal to or exceed the standards of this Ordinance;

2.

The division of land into parcels greater than 10 acres where no street right-of-way dedication is involved;

3.

Public acquisition involving the purchase of strips of land for the widening or opening of streets; or

4.

Division of a tract of land in single ownership, where the total area is no greater than 2 acres, the division creates no more than 3 lots, where no street right-of-way dedication is involved, and the resultant lots are equal to or exceed the standards of this Ordinance.

5.

The division of a tract into parcels in accordance with the terms of a probated will or in accordance with intestate succession under Chapter 29 of the North Carolina General Statutes.

B.

Exclusion Map Review Procedure

1.

Pre-Application Conference Optional (see Section 2.3.2, Pre-Application Conference).

2.

Application Submittal and Acceptance Applicable (see Section 2.3.4, Application Submittal and Acceptance).

3.

Staff Review and Action

(a)

Applicable (see Section 2.3.5, Staff Review and Action).

(b)

The Planning and Development Director shall review the application in accordance with Section 2.5.6 C, Exclusion Map Review Standards, and certify that the land division qualifies as an exclusion map. If certified, the land division shall be certified exempt from the standards and procedures in Section 2.5.11, Preliminary Plan.

4.

Recordation If an exclusion map is prepared, and certified by the Planning and Development Director, it may be recorded in the office of the Register of Deeds for the county where the land is located.

C.

Exclusion Map Review Standards A division of land shall be certified as an exclusion map if it:

1.

Is excluded from the definition of a subdivision in accordance with Section 160D-802 of the North Carolina General Statutes; and

2.

Complies with all applicable standards in Chapter 3: Zoning Districts; and

3.

Complies with all standards or conditions of any prior applicable permits and development approvals; and

4.

Complies with all other prior applicable requirements of this Ordinance and the City Code of Ordinances.

D.

Effect Applicable (see Section 2.3.12, Effect of Development Approval).

E.

Amendment Amendment of an exclusion map may only be reviewed and considered in accordance with the procedures and standards established for its original approval.

F.

Appeal Applicable (see Section 2.4.3, Appeal).

(Ord. No. 7476/18-105, § 8, 12-3-2018; Ord. No. 7622/20-38, § 22, 8-5-2020; Ord. No. 7712/21-29, § 1.O, P., 5-19-2021)

A.

Applicability

1.

A final plat, reviewed and approved in accordance with this section, shall be required for all land subdivisions as defined by this Ordinance.

2.

Except for a minor subdivision, a landowner shall not submit an application for final plat review until a preliminary plan is approved.

3.

Before approval of a final plat, all required improvements serving the subdivision shall be installed and inspected by the City, or the developer shall provide a financial guarantee in accordance with Section 2.6, Financial Guarantees.

B.

Final Plat Review Procedure

1.

Pre-Application Conference Optional (see Section 2.3.2, Pre-Application Conference).

2.

Application Submittal and Acceptance Applicable (see Section 2.3.4, Application Submittal and Acceptance).

3.

Staff Review and Action

(a)

Applicable (see Section 2.3.5, Staff Review and Action).

(b)

The Planning and Development Director shall review and decide the application in accordance with Section 2.5.7 C, Final Plat Review Standards.

4.

Recordation Once a final plat is approved, a signed statement by the Planning and Development Director shall be entered on the face of the plat. The final plat may not be recorded without this certification. Failure to record the final plat in accordance with Section 2.5.7 F, Expiration, shall render the plat null and void.

C.

Final Plat Review Standards A final plat shall be approved on a decision that the application complies with the following:

1.

The final plat is prepared and sealed by a licensed professional land surveyor or professional engineer.

2.

The final plat is in substantial conformance with the preliminary plan and all applicable requirements in Chapter 7: Subdivision Standards;

3.

All required improvements depicted on the preliminary plan and final plat are installed and inspected by the City, or are subject to a financial guarantee (see Section 2.6, Financial Guarantees);

4.

The final plat complies with all standards and conditions of any applicable permits and development approvals; and

5.

The final plat complies with all other applicable requirements of this Ordinance and the City Code of Ordinances.

D.

Effect

1.

General Approval of a final plat allows the sale or conveyance of lots within the subdivision. Building permits may be issued following recordation of the final plat.

2.

Acceptance of Public Infrastructure

(a)

Approval and recordation of a final plat constitutes dedication by the owner and acceptance by the City and the public of the right-of-way of each public street, alley or utility easement shown on the plat.

(b)

Approval of the final plat does not constitute acceptance for maintenance responsibility of any improvements within such right-of-way or easement and the City assumes no responsibility to open, operate, repair, or maintain any improvements until it is in the public interest to do so. Improvements within such rights-of-way or easements, such as utilities, streets, drainage facilities or sidewalks may be accepted for maintenance by the City Council or the Engineering Services Director, when appropriate.

(c)

The subdivider shall retain responsibility for public improvements until maintenance responsibility is accepted by the City, NCDOT, or a public utility provider, as appropriate.

E.

Amendment Amendment of a final plat approval may only be reviewed and considered in accordance with the procedures and standards established for its original approval.

F.

Expiration

1.

The approval of a final plat establishes a vested right in accordance with Section 1.10.1, Development Permit.

2.

A final plat approval shall expire and become null and void within 1 year of the date of approval unless the plat is recorded in the Office of the Register of Deeds for the county where the development is located.

G.

Appeal Applicable (see Section 2.4.3, Appeal).

(Ord. No. 7476/18-105, § 9.A, 12-3-2018; Ord. No. 7622/20-38, §§ 4.I, 11.C, 22, 8-5-2020)

A.

Applicability To reduce the potential for damage to land and life from flooding or floodwaters, development proposed on land in a special flood hazard area within the City's zoning jurisdiction shall obtain a floodplain development permit in accordance with this section prior to or concurrent with an application for a site plan, group development, building permit, or zoning compliance permit, as appropriate.

B.

Floodplain Development Permit Procedure

1.

Pre-Application Conference Optional (see Section 2.3.2, Pre-Application Conference).

2.

Application Submittal and Acceptance Applicable (see Section 2.3.4, Application Submittal and Acceptance).

3.

Staff Review and Action

(a)

Applicable (see Section 2.3.5, Staff Review and Action).

(b)

The Engineering Services Director shall review and decide the application in accordance with Section 2.5.8 C, Floodplain Development Permit Review Standards.

C.

Floodplain Development Permit Review Standards A floodplain development permit shall be approved on a decision that the application complies with the following:

1.

The permit is issued prior to the commencement of development; and

2.

The development complies with all applicable standards in Section 6.4, Flood Damage Prevention.

D.

Conditions of Approval Applicable (see Section 2.3.10, Conditions of Approval).

E.

Effect Approval of a floodplain development permit authorizes an applicant to obtain all required elevation certificates or other required certificates and proceed with development following issuance of a building permit.

F.

Amendment Amendment of a floodplain development permit approval may only be reviewed and considered in accordance with the procedures and standards established for its original approval.

G.

Expiration

1.

The issuance of a floodplain development permit establishes a vested right in accordance with Section 1.10.1, Development Permit.

2.

A floodplain development permit shall expire and become null and void within 1 year of issuance unless the development authorized by the permit has substantially commenced.

H.

Appeal Applicable (see Section 2.4.3, Appeal).

(Ord. No. 7622/20-38, § 4.J, 8-5-2020)

A.

Applicability Group development review is applicable to any land development subject to a site plan that includes 2 or more principal buildings (without a subdivision of land) for the purpose of development (whether immediate or in the future) to be occupied by separate families, firms, businesses, or other enterprises.

B.

Group Development Review Procedure

1.

Pre-Application Conference Optional (see Section 2.3.2, Pre-Application Conference).

2.

Application Submittal and Acceptance

(a)

Applicable (see Section 2.3.4, Application Submittal and Acceptance).

(b)

When required, a traffic impact analysis shall be submitted for review with the application for a group development. The procedure for preparation of a traffic impact analysis is described in the Development Guide.

(c)

If a watershed development plan, landscape plan, or land disturbance plan approval are required, they shall be obtained concurrently with the group development approval.

3.

Staff Review and Action

(a)

Applicable (see Section 2.3.5, Staff Review and Action).

(b)

The TRC shall review and decide the application in accordance with Section 2.5.9 C, Group Development Review Standards.

(c)

The TRC may grant conditional approval of a group development pending additional revision by the applicant. In the case of a conditional approval, the applicant shall revise the group development to address all TRC comments and re-submit the revised plan to the Planning and Development Director, who shall convert the conditional group development approval to an approved group development, upon finding the revised group development complies with all TRC comments. Failure to submit a revised group development shall render the conditional approval null and void.

C.

Group Development Review Standards A group development shall be approved on a decision that the application complies with the following:

1.

All standards or conditions of any prior applicable permits and development approvals; and

2.

All applicable requirements of this Ordinance and the City Code of Ordinances.

D.

Conditions of Approval Applicable (see Section 2.3.10, Conditions of Approval).

E.

Effect

1.

General Approval of a group development plan authorizes the submittal of street and utility plans, if applicable, and the submittal of an application for a building permit in accordance with Section 2.5.3, Building Permit.

2.

Street and Utility Construction Plans

(a)

Street and utility construction plans for all public improvements associated with the group development shall be approved prior to street and utility construction in accordance with Section 7.1.3, Street and Utility Construction.

(b)

In the case of a multi-phase group development, 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.

3.

Land Disturbance Permit Upon issuance of a land disturbance permit in accordance with Section 2.5.10, Land Disturbance 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 Section 7.1.5, Permanent Runoff Control Structures/Soil Erosion and Sedimentation Control Devices.

4.

Financial Guarantees All public improvements that have not been installed by the developer and inspected and accepted by the City shall comply with the requirements in Section 2.6, Financial Guarantees, prior to the issuance of a certificate of occupancy.

5.

As-Built Plan As-built plans for all public improvements shall be submitted in accordance with Section 7.1.3 H, As-Built Plans Required.

F.

Amendment Amendment of a group development approval may only be reviewed and considered in accordance with the procedures and standards established for its original approval.

G.

Expiration

1.

The approval of a group development establishes a vested right in accordance with Section 1.10.1, Development Permit.

2.

A group development plan approval shall expire and become null and void within 1 year of approval unless the development authorized by the plan has substantially commenced.

H.

Appeal Applicable (see Section 2.4.3, Appeal).

(Ord. No. 7622/20-38, §§ 4.K, 11.C, 11.G, 8-5-2020)

A.

Applicability In order to avoid groundwater contamination, sediment accumulation in drainage conveyances and surface waters, and unnecessary loss of erodible soils, land-disturbing activities specified in Section 6.3.1, Applicability require approval of a land-disturbance permit in accordance with this section, prior to commencement.

B.

Land Disturbance Permit Procedure

1.

Pre-Application Conference Optional (see Section 2.3.2, Pre-Application Conference).

2.

Application Submittal and Acceptance Applicable (see Section 2.3.4, Application Submittal and Acceptance).

3.

Staff Review and Action

(a)

Applicable (see Section 2.3.5, Staff Review and Action).

(b)

The Engineering Services Director shall review and decide the application in accordance with Section 2.5.10 C, Land Disturbance Permit Review Standards.

(c)

A pre-construction conference shall be conducted on-site with the applicant.

(d)

Following the pre-construction conference, the Engineering Services Director shall issue the land disturbance permit.

C.

Land Disturbance Permit Review Standards A land disturbance permit shall be approved in accordance with a soil erosion and control plan developed in accordance with Section 6.3, Soil Erosion and Sedimentation.

D.

Conditions of Approval Applicable (see Section 2.3.10, Conditions of Approval).

E.

Effect

1.

Applicable (see Section 2.3.12, Effect of Development Approval).

2.

The applicant shall post the approved land disturbance permit in a prominent location on the site where the land disturbance is occurring at all times while it is in effect.

F.

Amendment Amendment of a land disturbance permit may only be reviewed and considered in accordance with the procedures and standards established for its original approval.

G.

Expiration

1.

The issuance of a land disturbance permit establishes a vested right in accordance with Section 1.10.1, Development Permit.

2.

A land disturbance permit shall expire and become null and void within 1 year of issuance unless the development authorized by the permit has substantially commenced.

3.

The Engineering Services Director may, on receipt of a written request for an extension filed prior to the expiration date, renew a land disturbance permit for an additional 180 days, for good cause.

H.

Appeal Applicable (see Section 2.4.3, Appeal).

(Ord. No. 7622/20-38, § 4.L, 8-5-2020; Ord. No. 7984/24-01, § 1, 1-16-2024)

A.

Applicability Unless a division of land is a minor subdivision as defined by this Ordinance, or is exempted in accordance with Section 2.5.6. Exclusion Map, it shall comply with the provisions of this section.

B.

Preliminary Plan Review Procedure

1.

Pre-Application Conference Optional (see Section 2.3.2, Pre-Application Conference).

2.

Sketch Plan Review

(a)

A sketch plan for land subject to a preliminary plan shall be reviewed by the TRC prior to submittal of an application for a preliminary plan in the following instances:

(1)

The applicant for a preliminary plan owns land adjacent to the preliminary plan, but the land under common ownership is not included in the preliminary plan application; or

(2)

The preliminary plan includes more than 50 lots.

(b)

A sketch plan shall be prepared in accordance with the Development Guide.

(c)

Following the review of a sketch plan, an applicant may file an application for a preliminary plan.

(d)

Applicants are encouraged to file sketch plans, even when not required.

3.

Application Submittal and Acceptance

(a)

Applicable (see Section 2.3.4, Application Submittal and Acceptance).

(b)

A preliminary plan shall be prepared by a licensed professional surveyor, registered professional landscape architect, or licensed professional engineer, and shall be prepared in accordance with the Development Guide.

(c)

When required, a traffic impact analysis shall be submitted for review with the submittal of a preliminary plan application. The procedure for preparation of a traffic impact analysis is described in the Development Guide.

(d)

If a watershed development plan approval is required, it shall be obtained concurrent with preliminary plan approval.

4.

Staff Review and Action

(a)

Applicable (see Section 2.3.5, Staff Review and Action).

(b)

The TRC shall decide an application for a preliminary plan in accordance with Section 2.5.11 C, Preliminary Plan Review Standards.

(c)

The TRC may grant conditional approval of a preliminary plan. In the case of a conditional approval, the applicant shall revise the preliminary plan to address the conditions of approval and re-submit the revised plat to the Planning and Development Director, who shall convert the conditional approval to an approval upon finding the revised preliminary plan complies with all conditions of approval. If the plat is not revised within 60 days of a conditional approval, then it shall be deemed denied.

(d)

If the preliminary plan is denied, then the reasons shall be stated in writing. The applicant may revise and resubmit a preliminary plan that has been denied.

C.

Preliminary Plan Review Standards An application for a preliminary plan shall be approved on a decision that the application complies with:

1.

All applicable standards in Chapter 7: Subdivision Standards;

2.

All standards or conditions of any prior applicable permits and development approvals; and

3.

All other applicable requirements of this Ordinance and in the City Code of Ordinances.

D.

Effect

1.

General Approval of a preliminary plan authorizes the submittal of street and utility construction plans, and soil erosion and sedimentation control plans.

2.

Street and Utility Construction Plans

(a)

Street and utility construction plans for all public improvements associated with the preliminary plan shall be approved prior to street and utility construction and prior to the approval of a final plat in accordance with Section 7.1.3, Street and Utility Construction.

(b)

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.

3.

Land Disturbance Permit An approved preliminary plan authorizes the submittal of soil erosion and sedimentation control plans and the issuance of a land disturbance permit in accordance with Section 2.5.10, Land Disturbance 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 Section 7.1.5, Permanent Runoff Control Structures/Soil Erosion and Sedimentation Control Devices.

4.

Final Plat An approved preliminary plan, along with approved street and utility construction plans, allows the applicant to submit for final plat approval in accordance with Section 2.5.7, Final Plat.

5.

Financial Guarantees All public improvements that have not been installed by the developer, and inspected and accepted by the City shall comply with the requirements in Section 2.6, Financial Guarantees, prior to the recordation of a final plat.

6.

As-Built Plans As-built plans for all public improvements shall be submitted in accordance with Section 7.1.3 H, As-Built Plans Required.

E.

Amendment Amendment of a preliminary plan approval may only be reviewed and considered in accordance with the procedures and standards established for its original approval.

F.

Expiration

1.

The approval of a preliminary plan establishes a vested right in accordance with Section 1.10.1, Development Permit.

2.

A preliminary plan approval shall expire and become null and void within 1 year of the date of approval unless the development authorized by the plan has substantially commenced.

G.

Appeal Applicable (See Section 2.4.3, Appeal).

(Ord. No. 7476/18-105, § 9.C, 12-3-2018; Ord. No. 7622/20-38, §§ 4.M, 11.C, 11.G, 22, 8-5-2020)

A.

Applicability Unless exempted in accordance with Section 6.1.3 B, Exemptions, activity that involves the planting, removal, trimming, or below grade excavation within the critical root zone of trees within a street right-of-way, park, City facility, or other areas owned or controlled by the City shall require approval of a public tree certificate in accordance with the standards of this section.

B.

Public Tree Certificate Review Procedure

1.

Pre-Application Conference Optional (see Section 2.3.2, Pre-Application Conference).

2.

Application Submittal and Acceptance

(a)

Applicable (see Section 2.3.4, Application Submittal and Acceptance).

(b)

An application may be initiated by the City or any person.

3.

Staff Review and Action

(a)

Applicable (see Section 2.3.5, Staff Review and Action).

(b)

The Urban Forestry Committee shall review and decide the application in accordance with Section 2.5.12 C, Public Tree Certificate Review Standards.

C.

Public Tree Certificate Review Standards A public tree certificate shall be approved on a decision the application complies with:

1.

The standards in Section 6.1, Public Tree Protection;

2.

The guidelines in The City of High Point Guidelines and Standard Practices for Trees;

3.

All standards or conditions of any prior applicable permits and development approvals; and

4.

All other applicable requirements of this Ordinance and in the City Code of Ordinances.

D.

Conditions of Approval Applicable (see Section 2.3.10, Conditions of Approval).

E.

Effect Approval of a public tree certificate entitles removal, pruning, or planting of trees within a street right-of-way, park, City facility, or other areas owned or controlled by the City.

F.

Amendment Amendment of a public tree certificate may only be reviewed and considered in accordance with the procedures and standards established for its original approval.

G.

Expiration

1.

The issuance of a public tree certificate establishes a vested right in accordance with Section 1.10.1, Development Permit.

2.

A public tree certificate shall expire and become null and void within 1 year of issuance unless the development authorized by the certificate has substantially commenced.

H.

Appeal Applicable (See Section 2.4.3, Appeal).

(Ord. No. 7622/20-38, § 4.N, 8-5-2020)

A.

Applicability All signs shall obtain a sign permit in accordance with this section before being erected, replaced, relocated, or altered, except signs allowed without a permit in accordance with Section 5.7.7, Signs Allowed Without a Permit.

B.

Sign Permit Procedure

1.

Pre-Application Conference Optional (see Section 2.3.2, Pre-Application Conference).

2.

Application Submittal and Acceptance

(a)

Applicable (see Section 2.3.4, Application Submittal and Acceptance).

(b)

When a sign permit application is submitted for attached signs on a building that has existing sign(s) that will remain and they are not part of a common sign plan, the applicant shall submit the total square footage of existing attached signs that will remain, and the additional square footage of attached sign(s) that is being requested.

3.

Staff Review and Action

(a)

Applicable (see Section 2.3.5, Staff Review and Action).

(b)

The Planning and Development Director shall review and decide the application in accordance with Section 2.5.13 C, Sign Permit Review Standards.

C.

Sign Permit Review Standards A sign permit shall be approved on a decision the application complies with:

1.

The standards in Section 5.7, Signs;

2.

The State Building Code;

3.

All standards or conditions of any prior applicable permits and developments approvals; and

4.

All other applicable requirements of this Ordinance and in the City Code of Ordinances.

D.

Conditions of Approval Applicable (see Section 2.3.10, Conditions of Approval).

E.

Effect Applicable (see Section 2.3.12, Effect of Development Approval).

F.

Amendment Amendment of a sign permit may only be reviewed and considered in accordance with the procedures and standards established for its original approval.

G.

Expiration

1.

The issuance of a sign permit establishes a vested right in accordance with Section 1.10.1, Development Permit.

2.

A sign permit shall expire and become null and void within 1 year of issuance unless the development activity authorized by the permit has substantially commenced.

H.

Appeal Applicable (See Section 2.4.3, Appeal).

(Ord. No. 7622/20-38, § 4.O, 8-5-2020; Ord. No. 7912/23-27, § 4.A, 4-17-2023)

A.

Applicability Site plan review is applicable to any development activity that includes constructing a building or increasing the amount of built-upon area other than group development, single-family detached dwelling, duplex, including their accessory buildings.

B.

Site Plan Review Procedure

1.

Pre-Application Conference Optional (see Section 2.3.2, Pre-Application Conference).

2.

Application Submittal and Acceptance

(a)

Applicable (see Section 2.3.4, Application Submittal and Acceptance).

(b)

When required, a traffic impact analysis shall be submitted for review with a site plan application. The procedure for preparation of a traffic impact analysis is described in the Development Guide.

(c)

If a watershed development plan, landscape plan, or land disturbance plan is required, they shall be obtained concurrently with the site plan approval.

3.

Review and Action

(a)

Applicable (see Section 2.3.5, Staff Review and Action).

(b)

The TRC shall review and decide the application in accordance with Section 2.5.14 C, Site Plan Review Standards.

(c)

The TRC may grant conditional approval of a site plan pending additional revision by the applicant. In the case of a conditional approval, the applicant shall revise the site plan to address all TRC comments and re-submit the revised plan to the Planning and Development Director, who shall convert the conditional site plan approval to an approval, upon finding the revised site plan complies with all TRC comments. Failure to submit a revised site plan shall render the conditional approval null and void.

C.

Site Plan Review Standards A site plan shall be approved on a decision the application complies with:

1.

All standards or conditions of any prior applicable permits and development approvals; and

2.

All applicable requirements of this Ordinance and the City Code of Ordinances.

D.

Conditions of Approval Applicable (see Section 2.3.10, Conditions of Approval).

E.

Effect

1.

General Approval of a site plan authorizes the submittal of street and utility construction plans, if applicable, and the submittal of an application for a building permit in accordance with Section 2.5.3, Building Permit, or for a zoning compliance permit in accordance with Section 2.5.16, Zoning Compliance Permit.

2.

Street and Utility Construction Plans

(a)

Street and utility construction plans for all public improvements associated with the site plan shall be approved prior to street and utility construction and prior to the approval of a final plat in accordance with Section 7.1.3, Street and Utility Construction.

(b)

In the case of a multi-phase site plan, 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.

3.

Land Disturbance Permit Upon issuance of a land disturbance permit in accordance with Section 2.5.10, Land Disturbance 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 Section 7.1.5, Permanent Runoff Control Structures/Soil Erosion and Sedimentation Control Devices.

4.

Financial Guarantees All public improvements that have not been installed by the developer, and inspected and accepted by the City shall comply with the requirements in Section 2.6, Financial Guarantees, prior to issuance of a certificate of occupancy.

5.

As-Built Plans As-built plans for all public improvements shall be submitted in accordance with Section 7.1.3 H, As-Built Plans Required.

F.

Amendment Amendment of a site plan approval may only be reviewed and considered in accordance with the procedures and standards established for its original approval

G.

Expiration

1.

The approval of a site plan establishes a vested right in accordance with Section 1.10.1, Development Permit.

2.

A site plan approval shall expire and become null and void within 1 year of issuance unless the development authorized by the plan has substantially commenced.

H.

Appeal Applicable (See Section 2.4.3, Appeal).

(Ord. No. 7622/20-38, §§ 4.P, 11.C, 11.G, 8-5-2020; Ord. No. 7679/20-95, § 3.D, 12-9-2020; Ord. No. 7860/20-96, § 5, 12-9-2020)

A.

Applicability Approval of a wireless telecommunications permit (WTP) is required for all wireless telecommunication facilities prior to any such facilities being erected, replaced, relocated, or altered, unless exempted in accordance with Section 4.3.3 F.3, Wireless Telecommunication Facility.

B.

Wireless Telecommunications Permit Review Procedure

1.

Pre-Application Conference Optional (see Section 2.3.2, Pre-Application Conference).

2.

Application Submittal and Acceptance

(a)

Applicable (see Section 2.3.4, Application Submittal and Acceptance).

(b)

Any small wireless facility in or on City street rights-of-way, City-owned land, City-owned structures or City-owned infrastructure shall be in compliance with an approved master small wireless facility license agreement.

(c)

If a watershed development plan, landscape plan, or land disturbance plan is required, they shall be obtained concurrently with the wireless telecommunications permit approval.

3.

Staff Review and Action

(a)

Applicable (see Section 2.3.5, Staff Review and Action).

(b)

The TRC shall review and decide the application in accordance with Section 2.5.15 C, Wireless Telecommunications Permit Review Standards.

(c)

The TRC may grant conditional approval of a WTP pending additional revision by the applicant. In the case of a conditional approval, the applicant shall revise the application to address all TRC comments and re-submit the revised application to the Planning and Development Director, who shall convert the conditional WTP approval to an approval, upon finding the revised WTP application complies with all TRC comments. Failure to submit a revised WTP application shall render the conditional approval null and void.

(d)

All applications for a WTP shall be granted a certificate of compliance upon satisfactory completion of all requirements in accordance with Section 2.5.15 C, Wireless Telecommunications Permit Review Standards.

(e)

The Planning and Development Director may require the applicant to submit a financial guarantee (see Section 2.6, Financial Guarantees) in an amount necessary to ensure that any work not completed as specified in the WTP will be completed within the specified timeframe for a certificate of compliance.

C.

Wireless Telecommunications Permit Review Standards A wireless telecommunications permit shall be approved on a decision the application complies with:

1.

The standards in Section 4.3.3 F.3, Wireless Telecommunication Facility;

2.

The State Building Code;

3.

All standards or conditions of any prior applicable permits and developments approvals;

4.

A master small wireless facility license agreement, if applicable; and

5.

All other applicable requirements of this Ordinance and the City Code of Ordinances.

D.

Conditions of Approval Applicable (see Section 2.3.10, Conditions of Approval).

E.

Effect Applicable (see Section 2.3.12, Effect of Development Approval).

F.

Amendment Amendment of a wireless telecommunications permit may only be reviewed and considered in accordance with the procedures and standards established for its original approval.

G.

Expiration

1.

The issuance of a wireless telecommunications permit establishes a vested right in accordance with Section 1.10.1, Development Permit.

2.

A wireless telecommunications permit shall expire and become null and void within 1 year of issuance unless the development activity authorized by the permit has substantially commenced.

H.

Appeal Applicable (See Section 2.4.3, Appeal).

(Ord. No. 7680/20-96, § 4, 12-9-2020)

Editor's note— Ord. No. 7680/20-96, § 4, adopted December 9, 2020, added new provisions as § 2.5.15 and further amended the Code by renumbering existing § 2.5.15 accordingly.

A.

Applicability Approval of a zoning compliance permit is required for development that does not require a building permit (such as accessory buildings with no horizontal dimension greater than 12 feet, outdoor storage activities, fences, and temporary uses).

B.

Zoning Compliance Permit Procedure

1.

Pre-Application Conference Optional (see Section 2.3.2, Pre-Application Conference).

2.

Application Submittal and Acceptance Applicable (see Section 2.3.4, Application Submittal and Acceptance).

3.

Staff Review and Action

(a)

Applicable (see Section 2.3.5, Staff Review and Action).

(b)

The Planning and Development Director shall review and decide the application in accordance with Section 2.5.16 C, Zoning Compliance Permit Review Standards.

C.

Zoning Compliance Permit Review Standards

1.

Temporary Uses Temporary uses shall comply with the standards in Section 4.5, Temporary Uses.

2.

All Other Uses A zoning compliance permit shall be approved on a decision the application complies with:

(a)

All standards or conditions of any prior applicable permits and developments approvals; and

(b)

All applicable requirements of this Ordinance and in the City Code of Ordinances.

D.

Conditions of Approval Applicable (see Section 2.3.10, Conditions of Approval).

E.

Effect Approval of a zoning compliance permit authorizes an applicant to commence construction or move forward with the approved development.

F.

Amendment Amendment of a zoning compliance permit may only be reviewed and considered in accordance with the procedures and standards established for its original approval.

G.

Expiration

1.

General The issuance of a zoning compliance permit establishes a vested right in accordance with Section 1.10.1, Development Permit.

2.

Temporary Uses A zoning compliance permit for a temporary use is effective on the date of approval and shall remain effective for the time period indicated in the permit.

3.

All Other Development A zoning compliance permit shall expire and become null and void within 1 year of issuance unless the development authorized by the permit has substantially commenced.

H.

Appeal Applicable (See Section 2.4.3, Appeal).

(Ord. No. 7622/20-38, § 4.Q, 8-5-2020; Ord. No. 7680/20-96, §§ 4, 5, 12-9-2020)

A.

General In-lieu of the completion, installation, and dedication of all required public infrastructure improvements, stormwater control measures, and site improvements prior to the recordation of a final plat, issuance of a permit, or issuance of a certificate of occupancy, an applicant may submit:

1.

An installation agreement that includes:

(a)

A bona fide itemized estimate of the cost, including labor, materials and project management for all required improvements, signed and dated by the preparer; and

(b)

The date when the improvements are to be completed.

2.

A financial guarantee for the installation of said required improvements in accordance with this section.

B.

Timing The installation agreement and financial guarantee shall not be accepted until after the plan for the development and required improvements have been approved in accordance with this Ordinance.

C.

Effect Once the installation agreement and the required financial guarantee is accepted by the City, the final plat, permit or certificate of occupancy, as appropriate, may be approved if the proposed development complies with all other requirements of this Ordinance.

D.

Land Disturbance Permit In accordance with Section 6.3.3, Soil Erosion and Sedimentation Control Plan, a financial guarantee may be required for the issuance of a land disturbance permit.

(Ord. No. 7622/20-38, § 11.A, 8-5-2020)

To ensure the proper completion as required by this Ordinance, the following improvements and site features may utilize financial guarantees upon authorization of the responsible Director.

A.

Public Infrastructure The Engineering Services Director shall review and authorize financial guarantees for required public infrastructure, including but not limited to water, sewer, storm sewer and streets.

B.

Soil Erosion and Sedimentation Control The Engineering Services Director shall review and authorize financial guarantees for land disturbance permits.

C.

Stormwater Control The Public Services Director shall review and authorize financial guarantees for stormwater control measures.

D.

Site Improvements The Planning and Development Director shall review and authorize financial guarantees for required site improvements, including parking, screening, landscaping, protected trees, and fencing.

(Ord. No. 7622/20-38, § 11.A, 8-5-2020)

The applicant shall determine the type of the financial guarantee, which shall be provided in one or more of the following types:

A.

Surety Bond A surety bond issued by a company authorized to issue surety bonds in the state of North Carolina made payable to the City in an amount as required.

B.

Irrevocable Letter of Credit An irrevocable letter of credit issued by a financial institution licensed to conduct business in the state of North Carolina addressed to the City in an amount as required.

C.

Cash Cash deposited with the City or in escrow with a financial institution licensed to conduct business in the state of North Carolina in an amount as required.

D.

Equivalent Security Another type of financial guarantee that provides equivalent security to a surety bond or letter of credit, as determined by the City Attorney, deposited in escrow with a financial institution licensed to conduct business in the state of North Carolina equal to an amount as required.

(Ord. No. 7622/20-38, § 11.A, 8-5-2020)

A.

Cash or other Equivalent Security If cash or other guarantee of equivalent security is deposited in escrow with a financial institution, an agreement between the financial institution and the applicant shall be filed with the City guaranteeing the following:

1.

That the escrow account shall be held in trust until released by the City and may not be used or pledged by the applicant for any other matter during the term of the escrow; and

2.

That in case of a failure on the part of the applicant to complete or repair the improvements, the financial institution shall, upon notification by the City, immediately pay the funds deemed necessary by the City to complete or repair the improvements up to the full balance of the escrow account, or deliver to the City any other instruments fully endorsed or otherwise made payable in full to the City.

B.

Notification The financial institution holding the cash or other instrument shall indicate to the City its notification requirements for release or payment of funds.

(Ord. No. 7622/20-38, § 11.A, 8-5-2020)

A.

General A performance guarantee shall be required to record a final plat, issue a permit or issue a certificate of occupancy as determined by the appropriate Director, in the following circumstances:

1.

To ensure the completion of public infrastructure improvements that are required as part of an approved preliminary plan, site plan, or group development.

2.

To issue a land disturbance permit and ensure the protection of a site during land disturbance and prevent off-site sedimentation.

3.

To ensure the completion of stormwater control measures that are required as part of an approved preliminary plan, site plan, or group development.

4.

To ensure the completion of site improvements that are required as part of an approved preliminary plan, site plan, or group development.

B.

Amount

1.

General Performance guarantees for public infrastructure, stormwater control measures, and site improvements shall be in an amount equal to 125 percent of the total estimated cost of completing the installation of the required improvements, including the costs of materials, labor, and project management.

2.

Estimates Cost estimates shall be itemized by improvement type and certified by the applicant's licensed professional engineer, or authorized contractor upon approval of the appropriate Director. Where applicable, the cost estimates shall be based on unit pricing.

3.

Soil Erosion and Sedimentation Control A performance guarantee required for a land disturbance permit shall be in the amount established by City Council and included in the Development Guide.

C.

Duration

1.

Public Infrastructure

(a)

The performance guarantee shall be for one year, unless the applicant determines the scope of work for the required public improvements necessitates a longer duration.

(b)

If the public improvements are not completed and approved by the Engineering Services Director prior to the expiration of the initial period, the performance guarantee shall be extended for one additional period of time at the request of the applicant; however, the extension period shall only be for the duration necessary to complete the required improvements.

(c)

If the performance guarantee expires without an extension, the applicant shall be required to obtain a new performance guarantee for one additional period of time or be considered in default.

2.

Soil Erosion and Sedimentation Control The performance guarantee shall remain in effect until the work is completed in accordance with the land disturbance permit and approved by the Engineering Services Director.

3.

Stormwater Control The performance guarantee shall remain in effect until the stormwater control measure is complete in accordance with approved plans and approved by the Public Services Director.

4.

Site Improvements The performance guarantee shall be up to a maximum period of one year, as approved by the Planning & Development Director.

D.

Terms and Conditions

1.

The applicant shall determine whether to post one or multiple types of guarantees for all matters related to the same development; however, separate guarantees shall be required for soil erosion and sedimentation control, and for stormwater control measures.

2.

The performance guarantee shall distinguish between the portion of the guarantee provided for public infrastructure improvements and the portion provided for private improvements, as applicable.

3.

The performance guarantee shall be conditioned on the performance of all work necessary to complete the installation of the required improvements within the duration of the guarantee.

E.

Release or Reduction

1.

Request The appropriate Director shall release or reduce a performance guarantee only after:

(a)

The applicant has submitted to the appropriate Director a written request for a release or reduction of the performance guarantee that includes certification by the applicant's engineer or contractor, whichever is appropriate, that installation of the guaranteed improvements were completed in accordance with approved plans and specifications, or for a land disturbance permit a written statement from the applicant that the site is stabilized as required;

(b)

The applicant has submitted to the appropriate Director as-builts of the improvements, if required by this Ordinance;

(c)

City staff has performed a site inspection and certified in writing that installation of the guaranteed improvements is complete in accordance with approved plans and specifications;

(d)

For stormwater control measures, the operation and maintenance agreement has been approved, executed and recorded, and a maintenance guarantee is in effect as required by this Ordinance; and

(e)

No release or reduction in performance guarantee amounts will be considered until more than 25 percent of the work is in place and approved by the appropriate Director.

2.

Acceptance The appropriate Director shall provide written notice of the City's final approval or acceptance of the improvements subject to performance guarantee.

F.

Default and Forfeiture

1.

Notice of Failure to Install or Complete Improvements If the applicant fails to complete installation of the guaranteed improvements within the duration of the performance guarantee (including an additional period of time, if allowed), the appropriate Director shall give the applicant written notice by certified mail of the scope and degree of the deficiency, and state in the notice that 30 days after receipt the City may draw on the performance guarantee.

2.

Notice of Insolvency If the applicant becomes insolvent, undergoes bankruptcy, or the property subject to the guarantee undergoes foreclosure, the appropriate Director shall give the applicant written notice by certified mail of the scope and degree the guaranteed improvements are incomplete, and state in the notice that 30 days after receipt the City may draw on the performance guarantee.

3.

City Completion of Improvements After the 30-day notice period expires, the City may draw on the performance guarantee and use the funds to perform work necessary to complete installation of the guaranteed improvements. After completing such work, the City shall provide a complete accounting of the expenditures to the applicant and return any unused deposited cash funds or other equitable security, without interest.

(Ord. No. 7622/20-38, § 11.A, 8-5-2020)

A.

General

1.

Defects To ensure against defects in workmanship or materials of stormwater control measures during the maintenance period, a maintenance guarantee is required for all stormwater control measures in a development.

2.

Timing A maintenance guarantee must be established in conjunction with the stormwater performance guarantee or prior to the issuance of a certificate of occupancy, as determined by the Public Services Director.

B.

Amount

1.

General Maintenance guarantees shall be in an amount equal to 25 percent of the total estimated cost of installing the stormwater control measure, including the cost of materials, labor, and project management.

2.

Estimates Cost estimates shall be itemized by improvement type and certified by the applicant's licensed professional engineer. Where applicable, the cost estimates shall be based on unit pricing.

C.

Duration The maintenance guarantee shall remain in effect until the stormwater control measure passes its first annual inspection by City staff.

D.

Terms and Conditions

1.

The maintenance guarantee is conditioned on the performance of all work necessary to cure defects in materials and workmanship and to properly maintain the required stormwater control measures through the duration of the maintenance period.

2.

Only one type of guarantee shall be posted for a stormwater control measure.

3.

When a stormwater performance guarantee is required, the financial guarantee shall be apportioned to include the stormwater maintenance guarantee; however, the portion assigned for the maintenance guarantee shall not be released except in accordance with this subsection.

E.

Release The Public Services Director shall release a maintenance guarantee after the first annual inspection only after determining and certifying in writing that the guaranteed stormwater control measure is functioning properly and is in compliance with approved plans and specifications.

F.

Default and Forfeiture

1.

Notice of Failure to Maintain If the applicant fails to correct any deficiencies discovered during the annual inspection, the Public Services Director shall give the applicant written notice by certified mail of the scope and degree of the deficiency, and state in the notice that 30 days after receipt the City may draw on the maintenance guarantee.

2.

City Correction of Defects After the 30-day notice period expires, the City may draw on the maintenance guarantee and use the funds to perform work necessary to correct any deficiencies to ensure the stormwater control measure is in compliance with approved plans and specifications. After completing such work, the City shall provide a complete accounting of the expenditures to the applicant and return any unused deposited cash funds or other equitable security, without interest.

(Ord. No. 7622/20-38, § 11.A, 8-5-2020)

If the City releases a financial guarantee through error, the error shall not release the developer from responsibility for the improvements in accordance with this Ordinance.

(Ord. No. 7622/20-38, § 11.A, 8-5-2020)

Where the installation of public infrastructure improvements are required by this Ordinance, the applicant may make a payment of fees in lieu of such required improvements, in accordance with the provisions of this section.

(Ord. No. 7622/20-38, § 12.C, 8-5-2020)

A.

Transportation The Transportation Director may approve payment in lieu of required transportation improvements, including but not limited to streets, sidewalks, and curb and gutter, provided that the Director determines that installation of the improvements:

1.

At the time of development would conflict with a city, state, or federal roadway project or other utility project; or

2.

To the boundary of the development is impractical due to topography, streams or other environmental limitations; or

3.

Apart from any immediate minor public benefit, the improvement would be warranted in the future.

B.

Utility The Public Services Director may approve payment in lieu of required utility improvements, including but not limited to water, sewer, and storm drainage, provided that the Director determines that installation of the improvements:

1.

At the time of development would conflict with a city, state, or federal roadway project or other utility project; or

2.

To the boundary of the development is impractical due to topography, streams or other environmental limitations; or

3.

Apart from any immediate minor public benefit, the improvement would be warranted in the future.

(Ord. No. 7622/20-38, § 12.C, 8-5-2020)

Payment of fees shall be in an amount equal to 100 percent of the actual installation and construction cost of completing the infrastructure improvements, as estimated by a professional engineer licensed by the State of North Carolina and approved by the Engineer Services Director.

(Ord. No. 7622/20-38, § 12.C, 8-5-2020)

A.

All fees collected by the City pursuant to this section shall be deposited in a fund and used only for the installation of the required infrastructure improvements on the site or in the general vicinity of the site for the infrastructure for which the fee is collected.

B.

Use of submitted funds to construct the required infrastructure improvements shall be coordinated with the appropriate phase of any conflicting roadway or utility project.

(Ord. No. 7622/20-38, § 12.C, 8-5-2020)