Kenansville City Zoning Code
COMMON REVIEW
PROCEDURES
§ 152.045 GENERAL.
The provisions of this subchapter shall apply to all development application requests under this chapter, unless otherwise stated.
(Ord. passed 3-5-2018)
§ 152.046 APPLICATION REQUIREMENTS.
Applications required under this chapter shall be submitted on forms, in such numbers, and according to deadlines established by the Ordinance Administrator. No application may be reviewed until it is substantially complete, as determined by the Ordinance Administrator.
(Ord. passed 3-5-2018)
§ 152.047 FEES.
The town’s Board of Commissioners shall establish, and may modify from time to time, a schedule of fees that must be paid in full prior to the review of any submitted application.
(Ord. passed 3-5-2018)
§ 152.048 PUBLIC NOTICE.
(A) Contents of notice. All public notices required under this chapter shall comply with G.S. § 160A-364. Additionally, all notices, except for posted notices shall:
(1) Identify the date, time and location of the meeting or public hearing;
(2) Identify the property involved by the street address (if available) or by the legal description and/or parcel identification number (PIN);
(3) Describe the nature and scope of the proposed action;
(4) Indicate that interested parties may appear at public hearings and speak on the matter; and
(5) Include the telephone number and address at which further information may be obtained prior to the meeting or public hearing.
(B) Published notice. When the provisions of this chapter require that notice of a development application be published pursuant to G.S. § 160A-364, the Ordinance Administrator shall publish a notice of the meeting or public hearing once a week for two successive weeks in a newspaper having general circulation in the town. The first notice shall be published not less than ten days, nor more than 25 days, prior to the date fixed for the hearing or meeting. In computing such period, the day of publication is not included, but the day of the hearing or meeting shall be included.
(C) Mailed notice.
(1) When the provisions of this chapter require that mailed notice be provided pursuant to G.S. § 160A-384, the Ordinance Administrator shall prepare a notice of the public hearing or meeting and deliver the notice via first class mail to the following persons:
(a) The applicant;
(b) Listed owners of adjacent lands; and
(c) Any person that has registered with the Town Clerk to receive notice of meetings of town boards.
(2) Mailed notices shall be deposited in the mail no fewer than ten days and no more than 25 days prior to the date of the public hearing or meeting.
(3) The Ordinance Administrator shall prepare an affidavit with affirmation that the required mailed notice procedures have been followed. The affidavit shall be conclusive evidence that the terms of this division (C) have been met as set forth in G.S. § 160A-384(a).
(4) Mailed notices shall not be required when an application to amend the official zoning map includes more than 50 different lots or tracts, owned by at least 50 different landowners; provided that, the town publishes a notice (occupying at least one-half of a newspaper page) in a newspaper of general circulation once a week for two consecutive weeks beginning at least ten, but not more than 25, days prior to the public hearing date. Affected landowners residing outside of the town’s jurisdiction or the newspaper’s circulation area shall be notified via first class mail in accordance with the procedures set forth in subsections (A) and (B) above.
(D) Posted notice.
(1) When the provisions of this chapter require that notice be posted pursuant to G.S. § 160A-384(c), the Ordinance Administrator shall post the notice on the subject property(ies) at least ten days prior to the first public hearing or meeting. When multiple parcels are included within a proposed zoning map amendment, a posting on each individual parcel is not required, but the town shall post sufficient notices to provide reasonable notice to interested persons. In computing such period, the day of the posting shall not be counted, but the day of the hearing shall be counted. Posted notices shall remain in place until such time that the approving authority has rendered its final decision on the matter.
(2) If no part of the subject property is visible from a public right-of-way, the notice shall be posted along the nearest street in the public right-of- way in such a manner as to ensure consistency with the intent of this division (D).
(3) In addition to the notice posted on the subject property(ies), notice shall also be posted conspicuously within Town Hall at least ten days prior to the initial hearing or meeting on the matter.
(4) (a) The Ordinance Administrator shall prepare an affidavit with affirmation that the required posted notice procedures have been followed.
(b) The affidavit shall be conclusive evidence that the terms of this division (D) have been met.
(E) Constructive notice.
(1) Minor defects in any notice shall not impair the notice or invalidate proceedings pursuant to the notice if a bona fide attempt has been made to comply with the applicable notice requirements. Minor defects in notices may include, but are not limited to:
(a) Errors in legal descriptions; or
(b) Typographical or grammatical errors that do not impede the communication of the notice to affected parties.
(2) Failure of an affected 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 or meeting and the location of the subject property(ies) shall be strictly adhered to.
(3) If question arises at the hearing or meeting regarding the adequacy of the notice, the reviewing or decision-making body shall direct the Ordinance Administrator to make a formal finding as to whether there was substantial compliance with the notice requirements of this chapter, and such findings shall be made available to the reviewing or decision- making body prior to further action being taken on the request.
(F) Summary of notice requirements. The following table summarizes the notice requirements for certain development applications.
Notice Requirements | |||
Process | Published Notice | Mailed Notice | Posted Notice |
Notice Requirements | |||
Process | Published Notice | Mailed Notice | Posted Notice |
Administrative appeal | x | x | |
Establishment of vested rights | x | x | x |
Special use permit | x | x | x |
UDO text amendment | x | ||
Variance | x | x | x |
Zoning map amendment | x | x | x |
(Ord. passed 3-5-2018)
§ 152.049 PUBLIC HEARINGS.
(A) Application to be scheduled for hearing. When an application is subject to a public hearing, as determined by the following table, the Ordinance Administrator shall ensure that the public hearing is scheduled for either:
(1) A regularly scheduled meeting; or
(2) A meeting specially called for that purpose by the decision-making body reviewing the application.
(B) Timing. The public hearing on the application shall be scheduled so that there is sufficient time for the Ordinance Administrator to properly review the application and for the public notification requirements in G.S. §§ 160A-364 and 160A-384 to be satisfied.
(C) Summary of public hearing requirements. The following table depicts the decision-making body responsible for conducting a public hearing for certain development applications.
Public Hearing Requirements | ||
Process | Board of Commissioners | Board of Adjustment |
Public Hearing Requirements | ||
Process | Board of Commissioners | Board of Adjustment |
Administrative appeal | x | |
Establishment of vested rights | x | |
Special use permit | x | |
UDO text amendment | x | |
Variance | x | |
Zoning map amendment | x | |
(Ord. passed 3-5-2018)
§ 152.050 CONDITIONS OF APPROVAL.
(A) General. When a decision-making body may, according to the express terms of this chapter, approve a development application with conditions, such body may impose reasonable and appropriate conditions or restrictions on the approval. The conditions may, as appropriate, ensure compliance with the general goals and policies of this chapter or with particular standards of this chapter, to prevent or minimize adverse effects from the proposed development on surrounding lands.
(B) Limitations.
(1) The restrictions and conditions imposed must be related in both type and amount to the impact that the proposed development would have on the public and surrounding lands.
(2) All conditions imposed shall be expressly set forth in the motion by the decision- making body to approve the development application.
(Ord. passed 3-5-2018)
§ 152.051 DEFERRAL OF APPLICATION.
(A) Request prior to publication of notice. An applicant may request that a decision-making body’s consideration of an application at public hearing be deferred by submitting a written request for deferral to the Ordinance Administrator prior to the publication of notice for the public hearing. The Ordinance Administrator may grant such requests for good cause. The date of the public hearing at which the application will be heard shall be set at the time the deferral is granted.
(B) Request after publication of notice. If a request for deferral of consideration of an application by a decision-making body is submitted subsequent to publication of notice, the request for deferral shall be placed on the public hearing agenda and acted upon by the decision-making body. The decision-making body may grant such requests for good cause. The date of the public hearing at which the application will be heard shall be set at the time the deferral is granted. If a deferral is granted, the application may be subject to additional application fees to defray the costs of processing the application. Any additional fees must be paid to the town prior to the re-advertisement of the public hearing notice.
(Ord. passed 3-5-2018)
§ 152.052 CHANGES TO APPLICATION AFTER NOTICE OF PUBLIC HEARING.
After publication of notice has occurred, changes to an application (including changes to an application at the public hearing) not made solely to satisfy staff or review body recommendations or conditions shall be governed by the provisions of this section.
(A) Clerical errors. Minor additions, deletions or corrections constituting clerical errors in an application may be made without referral of the application, as amended, back to the Ordinance Administrator for review and preparation of a staff report, or to any review bodies as is required for the original review of the application.
(B) Major changes. No substantive changes to a development application related to uses, densities, intensities, street layout, access, open space configuration, building form or other major element shall be made after notification of a public hearing. Major changes by the applicant after notification of a public hearing require that the original application be withdrawn and a new application be submitted along with any required fees. The resubmitted application must go through the entire review process as if it were a new application in order to ensure the proper review of all changes.
(C) Conditions of approval. Proposed changes in conditions of approval may be considered by the town’s Board of Commissioners or Board of Adjustment without referral back to the Ordinance Administrator or other recommending body.
(Ord. passed 3-5-2018)
§ 152.053 WITHDRAWAL OF APPLICATION.
(A) Submission of request. Any request for withdrawal of an application subject to a public hearing shall be submitted in writing to the Ordinance Administrator, or shall be made through a verbal request at the public hearing for which the application has been scheduled.
(B) Prior to notice of public hearing. The Ordinance Administrator shall approve a request for withdrawal of an application if it has been submitted prior to public notification of the application.
(C) Subsequent to notice of public hearing.
(1) If the request for withdrawal of an application is submitted subsequent to public notification, the request for withdrawal shall be placed on the public hearing agenda and acted upon by the decision-making body.
(2) Whenever an application subject to a requirement for a public hearing before the town’s Board of Commissioners is withdrawn after public notification, but prior to a decision by the town’s Board of Commissioners, no similar application may be submitted for the same property for a period of 90 days following the withdrawal.
(D) Fees. Fees shall not be refunded for withdrawn applications.
(E) Waiting period. No more than two withdrawals of the same type of development application for the same property may be filed within any single 12-month period, and no similar type of application may be filed for the same land within one year following the second withdrawal.
(Ord. passed 3-5-2018)
§ 152.054 NOTIFICATION TO APPLICANT.
Within a reasonable period of time after a decision on an application, the Town Clerk shall notify the applicant of the decision in writing. Within a reasonable period of time after the decision, a copy of the decision shall also be made available to the public in the office of the Town Clerk, during normal business hours.
(Ord. passed 3-5-2018)
§ 152.055 LAPSE OF APPROVAL.
Lapse of approval (also referred to as “expiration”) shall occur as provided by this chapter for the various types of development applications. If no provision for lapse is given by this chapter for a particular type of development permit or approval, and if no lapse period is imposed as part of an approval by the decision-making body, lapse shall occur if development is not commenced or a subsequent permit authorized by that approval is not obtained within two years.
(Ord. passed 3-5-2018)
§ 152.056 EXAMINATION OF APPLICATIONS AND SUPPORTING DOCUMENTS.
(A) At any time upon reasonable request and during normal business hours, any person may examine an application, a finalized staff report and materials submitted in support of or in opposition to an application in the office of the Town Clerk.
(B) Copies of such materials shall be made available at a reasonable cost.
(Ord. passed 3-5-2018)