Kenansville City Zoning Code
DEVELOPMENT APPLICATIONS
§ 152.070 GENERAL.
This section includes the review procedures, standards and related information for each of the development application procedures as summarized in the table in § 152.026 of this chapter.
(Ord. passed 3-5-2018)
§ 152.071 OFFICIAL ZONING MAP AMENDMENT.
(A) Purpose. The purpose of this section is to provide a uniform means for amending the official zoning map.
(B) Authority. The town’s Board of Commissioners may adopt an ordinance amending the official zoning map upon compliance with the provisions of this section.
(C) Initiation. An application to amend the official zoning map may be initiated by the town’s Board of Commissioners, the Planning Board, the Ordinance Administrator, a resident of the town or any other person having a financial or other interest in land located within the town’s zoning jurisdiction.
(D) Procedures.
(2) Review and recommendation by Ordinance Administrator. Prior to the submission of the application to the Planning Board, the Ordinance Administrator shall review the application and make a written recommendation which he or she shall present to the Planning Board during the meeting at which it considers the application.
(3) Review and recommendation by Planning Board. Following the review by the Ordinance Administrator, the application shall be forwarded to the Planning Board for its review and recommendation. During the meeting, the Planning Board shall consider the application, relevant supporting materials, the Ordinance Administrator’s recommendation and any comments given by the public on the matter. Within 30 days of the first meeting on an application, the Planning Board shall make a written recommendation to the Board of Commissioners. In making its recommendation, the Planning Board shall include a written statement summarizing the amendment’s consistency with the Future Land Use Plan and any other relevant plans having applicability to the proposed amendment in accordance with G.S. § 160A-383.
(4) Review and action by Board of Commissioners. Following consideration by the Planning Board, the town’s Board of Commissioners shall conduct a public hearing to review and consider the application, the relevant supporting materials, the Ordinance Administrator’s recommendation, the recommendation of the Planning Board and the comments given during the hearing (if any). Following the close of the public hearing, the town’s Board of Commissioners shall take one of the following actions:
(a) Approve the rezoning application as requested;
(b) Approve the rezoning application with a reduction in size of the area requested;
(c) Approve the rezoning application to a more restrictive base zoning district;
(d) Deny the rezoning application; and
(e) Remand the rezoning application back to the Planning Board for further consideration.
Regardless of the decision on the application, the Board of Commissioners shall adopt a statement on the proposed amendment’s consistency with the Future Land Use Plan and any other relevant plans having applicability to the proposed amendment as well as the reasonableness of the action and how the action furthers the public interest in accordance with G.S. § 160A-383. Where a rezoning is approved that has the effect of creating an isolated district (a zoning district surrounded entirely by dissimilar zoning districts) that is less than ten acres in size, the Board of Commissioners shall also adopt a statement analyzing the reasonableness of the approval of the small scale rezoning in accordance with G.S. § 160A-382.
(E) Protest petitions.
(1) General. Applications to amend the official zoning map which are subject to a valid protest petition as set forth in G.S. § 160A-385 shall only be approved by an affirmative vote of at least three-fourths of the members of the town’s Board of Commissioners who are eligible to vote on the matter.
(2) Valid protest petitions.
(a) For a protest petition to be valid, it must be signed by:
1. The owners of at least 20% of the land area within the area subject to the application for amendment; or
2. The owners of at least 5% of the land within a 100-foot buffer extending along the perimeter of the area subject to the application for amendment. A street right-of-way shall not be considered in computing the buffer distance; provided that, the right-of-way is less 100 feet in width. If an area less than an entire parcel is proposed for rezoning, the buffer shall be computed from the exterior parcel boundary.
(b) In accordance with G.S. § 160A-385(a), no protest against any change in or amendment to a zoning ordinance or zoning map shall be valid or effective for the purposes of G.S. § 160A-385 unless it is in the form of a written petition actually bearing the signatures of the requisite number of property owners and stating that the signers do protest the proposed change or amendment, and unless it shall have been received by the Town Clerk in sufficient time to allow the town at least two normal work days, excluding Saturdays, Sundays and legal holidays, before the date established for a public hearing on the proposed change or amendment to determine the sufficiency and accuracy of the petition.
(Ord. passed 3-5-2018)
§ 152.072 TEXT AMENDMENT.
(A) Purpose. The purpose of this section is to provide a uniform means for amending the text of this chapter.
(B) Authority. The town’s Board of Commissioners may adopt an ordinance amending the text of this chapter upon compliance with the provisions of this section.
(C) Initiation. An application to amend the text of this chapter may be initiated by the town’s Board of Commissioners, the Planning Board, the Ordinance Administrator, a resident of the town or any other person having a financial or other interest in land located within the town’s zoning jurisdiction.
(D) Procedures.
(2) Review and recommendation by Ordinance Administrator. Prior to the submission of the application to the Planning Board, the Ordinance Administrator shall review the application and make a written recommendation which he or she shall present to the Planning Board.
(3) Review and recommendation by Planning Board. Following the review and recommendation by the Ordinance Administrator, the application shall be forwarded to the Planning Board for its review and recommendation. During the meeting the Planning Board shall consider the application, relevant supporting materials, the Ordinance Administrator’s recommendation and any comments given by the public on the matter. Within 30 days of the first meeting on an application, the Planning Board shall make a written recommendation to the Board of Commissioners. In making its recommendation, the Planning Board shall include a written statement summarizing the amendment’s consistency with the Future Land Use Plan and any other relevant plans having applicability to the proposed amendment in accordance with G.S. § 160A-383.
(4) Review and action by Board of Commissioners.
(a) Following consideration by the Planning Board, the town’s Board of Commissioners shall conduct a public hearing to review and consider the application, the relevant supporting materials, the Ordinance Administrator’s recommendation, the recommendation of the Planning Board and the comments given during the hearing (if any). Following the close of the public hearing, the town’s Board of Commissioners shall take one of the following actions:
1. Approve the amendment as written;
2. Approve a revised amend- ment;
3. Reject the amendment; or
4. Remand the application back to the Planning Board for further consideration.
(b) Regardless of the decision on the application, the Board of Commissioners shall adopt a statement on the proposed amendment’s consistency with the Future Land Use Plan and any other relevant plans having applicability to the proposed amendment as well as the reasonableness of the action and how the action furthers the public interest in accordance with G.S. § 160A-383.
(Ord. passed 3-5-2018)
§ 152.073 SPECIAL USE PERMIT.
(A) Purpose. Special uses are uses that are generally compatible with the other uses permitted in a zoning district, but require individual review of their location, design, configuration, density and intensity of use, and usually require the imposition of conditions to ensure the appropriateness of the use at a particular location.
(B) Authority. The Board of Adjustment is authorized to review and decide applications for special use permits in accordance with this section. Only those uses identified as special uses in § 152.145 of this chapter are authorized to be considered as special uses under this section. The designation of a use as a special use does not constitute an authorization that such use shall be approved through a special use permit in accordance with this section. Rather, each proposed special use shall be evaluated by the Board of Adjustment for compliance with the standards set forth in this section and the applicable standards for the use in §§ 152.146 through 152.201 of this chapter (if appropriate).
(C) Initiation. An application for a special use permit may only be initiated by the owner(s), of the property for which the special use permit is designated. Agents of property owners may apply only after submitting a notarized letter of agency containing the signatures of all owners holding a beneficial interest in the property for which the special use permit is designated.
(D) Procedures.
(2) Site plan required. A site plan must be submitted as part of the application for a special use permit. The site plan shall conform to the requirements set forth in § 152.075(E)(4) of this chapter.
(3) Action by Board of Adjustment. After public notification and scheduling of a public hearing, the Board of Adjustment shall conduct a quasi-judicial public hearing on the application. At the public hearing, the Board of Adjustment shall consider the application, the relevant supporting materials, the site plan and evidence presented at the quasi-judicial public hearing. After the close of the public hearing, the Board of Adjustment shall approve, approve with conditions or deny the application based on the standards in division (E) below. In accordance with the standards set forth in G.S. § 160A-388(e), granting approval or conditional approval of a special use permit shall require an affirmative vote of at least five-sixths of the members of the Board of Adjustment who are eligible to vote. All decisions by the Board of Adjustment shall be in writing.
(E) Required findings of fact. A special use permit shall only be approved by the Board of Adjustment when each of the following findings have been made:
(1) The proposed use will not be detrimental to the health, safety or general welfare of persons residing or working in the vicinity, or injurious to property or improvements in the vicinity;
(3) The proposed use is compatible with the character of surrounding property and uses permitted in the zoning district(s) of surrounding property;
(4) The proposed use is configured in a manner to minimize any adverse effects on surrounding lands;
(5) The proposed use will not adversely impact traffic circulation on or in the vicinity of the site;
(6) The proposed use will not be detrimental to the value of adjacent or nearby property; and
(7) The proposed use is in full compliance with all other relevant town laws and ordinances, state and federal laws and regulations.
(F) Conditions of approval. In approving a special use permit, the Board of Adjustment may impose additional conditions on the permit approval in accordance with G.S. § 160A-381. All additional conditions imposed must be accepted by the applicant.
(G) Effect of approval. Issuance of a special use permit shall authorize only the particular special use that is approved in the permit. All subsequent development and use of the property must be in accordance with the approved special use permit and conditions (if applicable). Nothing in this division (E) shall prevent the establishment of a different use of land; provided, such use is established in accordance with the requirements in this chapter.
(H) Recordation. The applicant shall, at his or her expense, record the special use permit in the office of the Register of Deeds of the county within 30 days of its issuance and provide the town with evidence of its recordation.
(I) Subsequent development. Development authorized by the special use permit shall not be carried out until the applicant has secured all other permits required by this chapter or any other applicable provisions of the town. A special use permit does not ensure that the use shall receive subsequent approval for other applications for permit approval unless the relevant and applicable portions of this chapter or any other applicable provisions are met.
(J) Expiration.
(1) General. The town’s Board of Commissioners may prescribe a time limit within which development activity shall begin or be completed under the special use permit, or both. Failure to begin or complete such development activity within the time limit specified shall void the special use permit. Unless specified otherwise by the town’s Board of Commissioners, a special use permit shall automatically expire two years from the date of its issuance if:
(a) The development authorized by the permit has not commenced, and no substantial construction, alteration, demolition, excavation or other similar work required by the permit is completed;
(b) Less than 10% of the total amount of development approved as part of the permit is completed, when construction, alteration, demolition, excavation or other similar work is required; or
(c) The development approved by the special use permit is discontinued and not resumed for a period of one year.
(2) Extension. Upon written application submitted at least 30 days prior to the expiration of the permit period by the applicant, and upon a showing of good cause, the Ordinance Administrator may grant one extension not to exceed six months. Failure to submit an application for an extension within the time limits established by this section shall result in the expiration of the special use permit.
(K) Minor deviation. Minor field alterations or minor revisions to approved special use permits may be approved by the Ordinance Administrator if the special use still meets the intent of the standards established with the original approval. Any other change shall be considered as an amendment. Minor field alterations and revisions include, but are not limited to, small shifts in the location of structures, parking areas, landscaping, utilities, driveways and other site features in order to accommodate the existence of circumstances found during construction that could not have been anticipated prior to the commencement of development activity.
(L) Amendment. A special use permit may be amended, extended or modified only in accordance with the procedures and standards established for its original approval.
(Ord. passed 3-5-2018)
§ 152.074 VARIANCE.
(A) Purpose. The purpose of a variance is to allow certain deviations from the standards of this chapter (such as height, yard setback, lot coverage or similar numeric standards), when the landowner demonstrates that, owing to special circumstances or conditions beyond the landowner’s control (such as exceptional topographical conditions, narrowness, shallowness or the shape of a specific parcel of land), the literal application of the standards would result in undue and unique hardship to the landowner and the deviation would not be contrary to the public interest.
(B) Authority. The Board of Adjustment shall review and decide any applications for variances form the requirements of this chapter in accordance with this section.
(C) Initiation. An application for a variance may only be initiated by the owner(s), of the property for which the variance is designated. Agents of property owners may apply only after submitting a notarized letter of agency containing the signatures of all owners holding a beneficial interest in the property for which the variance is designated.
(D) Procedures.
(2) Action by Board of Adjustment. After public notification and the scheduling of a public hearing, the Board of Adjustment shall conduct a quasi-judicial public hearing on the application. At the public hearing, the Board of Adjustment shall consider the application, the relevant support materials and the sworn testimony given at the public hearing. Within 31 days following the close of the public hearing, the Board of Adjustment shall approve, approve with conditions, or deny the application based on the standards in division (E) below. In accordance with the standards set forth in G.S. § 160A-388(e), granting a variance shall require an affirmative vote of at least four-fifths of the members of the Board of Adjustment who are eligible to vote. All decisions by the Board of Adjustment shall be in writing.
(E) Required findings of fact. The Board of Adjustment shall only grant a variance after having first held a quasi-judicial public hearing on the matter and having made the following findings of fact in accordance with G.S. § 160A-388(d):
(1) There are practical difficulties or unnecessary hardships caused by the strict application of the chapter requirements;
(2) Any practical difficulties or unnecessary hardships are not the result of the actions of the applicant;
(3) The reasons set forth in the application justify the granting of a variance, and that the variance is the minimum action that will make possible the reasonable use of the land or structures;
(4) The variance is in harmony with the general purpose and intent of this chapter and preserves its spirit; and
(5) In the granting of the variance, the public health, safety and general welfare have been assured and substantial justice has been done.
(F) Insufficient justification for variance. The following circumstances do not constitute grounds for a variance:
(1) The existence of other non-conforming or conforming uses of land or structures in the same or other districts;
(2) The request for a particular use expressly, or by inference, prohibited in the district; or
(3) Economic hardship or the fact that property may be utilized more profitably with a variance.
(G) Conditions of approval. In approving a variance, the Board of Adjustment may impose additional conditions on the permit approval in accordance with G.S. § 160A-381. All additional conditions imposed must be accepted by the applicant.
(H) Recordation. The applicant shall, at his or her expense, record the written decision on the variance in the office of the Register of Deeds of the county within 30 days of its issuance and provide the town with evidence of its recordation.
(I) Subsequent development. Development authorized by the variance shall not be carried out until the applicant has secured all other permits required by this chapter or any other applicable provisions of the town. A variance does not ensure that the use shall receive subsequent approval for other applications for permit approval unless the relevant and applicable portions of this chapter or any other applicable provisions are met.
(J) Variance runs with the land. A variance is not a personal right, but runs perpetually with the land for which the variance has been granted. As such, the provisions of an approved variance shall continue with the transfer of ownership of the land.
(K) Appeals. Any appeal from the decision of the Board of Adjustment shall be to the Superior Court for the county by petition for a writ of certiorari. Any petition to the Superior Court shall be filed with the Clerk of Court no later than 30 days after the date the decision of the Board of Adjustment is filed with the Town Clerk, or after the date a written copy of the decision is delivered (via personal delivery or by registered or certified mail, return receipt requested) to every aggrieved party who has filed a written request for such copy with the Board of Adjustment at the public hearing, whichever is later.
(Ord. passed 3-5-2018)
§ 152.075 SITE PLAN.
(A) Purpose. The purpose of this section is to establish the procedures and standards for review and approval of a site plan that depicts site and building related details and engineering drawings.
(B) Applicability. All development activity, unless exempted in accordance with division (C) below, shall be required to have a site plan approved in accordance with this section prior to the issuance of a zoning permit.
(C) Exemptions. The following development activity shall be exempted from the requirements of this section:
(1) The construction, alteration or modification of a single-family dwelling or duplex on an individual lot;
(2) Internal or external construction that does not increase gross floor area, building height, the density or intensity of use or affect parking, landscaping or buffering requirements; and
(3) The placement or construction of a detached accessory structure on a lot containing a single-family dwelling or duplex.
(D) Site plan content standards. Site plans submitted to the town must contain the following information:
(1) Property lines, proposed setbacks and proposed lot coverage;
(2) Building location(s) and orientation(s);
(3) Building massing and roof form;
(4) Street layout;
(5) Right-of-way width and configuration;
(6) Public utility location and sizing;
(7) Fire protection infrastructure locations;
(8) Landscaping, buffering and tree preservation and protection;
(9) Parking, loading and internal circulation layout;
(10) Fencing, walls and screening;
(11) Open space configuration;
(12) Storm water management;
(13) Exterior lighting (type and location);
(14) Sign location, height and type;
(15) Solid waste storage facilities;
(16) Locations of existing structures on adjoining parcels; and
(17) Current zoning and land use of adjoining parcels.
(E) Procedures.
(2) Review of site plan by Ordinance Administrator. The Ordinance Administrator shall review complete applications for site plans within ten days of their submission and forward any comments regarding the consistency of the proposed site plan with this chapter to the applicant and the Planning Board prior to the meeting at which the site plan will be considered.
(3) Review and decision by Planning Board. The Planning Board shall review complete applications for site plans at its next regularly scheduled meeting following the Board’s receipt of comments from the Ordinance Administrator on the proposed site plan’s consistency with this chapter. During the meeting, the Planning Board shall, by a simple majority vote, approve, approve with conditions, or deny approval of the site plan based on the standards in division (F) below.
(F) Standards for approval. A site plan shall be approved only upon a finding by the Planning Board that the site plan meets the following standards:
(1) The proposed use (or uses) is allowed in the zoning district in accordance with § 152.145 of this chapter;
(3) The general layout and design of the proposed development in the submitted site plan complies with all relevant standards of this chapter; and
(4) The proposed development complies with all other applicable town requirements, including town infrastructure standards.
(H) Expiration. Site plan approvals shall automatically expire at the end of two years following the date of its approval if a building permit for at least one structure in the development is not approved. A change in ownership of the land shall not effect this time frame.
(I) Amendments. An approved site plan may be amended, extended or modified only in accordance with the procedures and standards established for its original approval.
(Ord. passed 3-5-2018)
§ 152.076 SUBDIVISIONS.
(1) Providing for the orderly growth and development of the town;
(2) Coordinating streets and roads within proposed subdivisions with the town’s street system, NCDOT transportation improvement plans and with other public facilities and infrastructure;
(3) Providing easements and rights-of-way for utilities and future streets;
(4) Avoiding congestion and overcrowding and encouraging the proper arrangement of streets and other transportation infrastructure in relation to existing or planned streets;
(5) Ensuring that there is adequate open space and recreation facilities to serve new development; and
(6) Ensuring that there is proper recordation of landownership and/or property owner association records where applicable.
(B) Applicability. Unless exempted in accordance with division (C) below, the following forms of development shall be required to have land subdivided in accordance with the procedures and standards of this section prior to the transfer of title or sale of any lots, the issuance of a zoning permit or the issuance of a building permit for development:
(1) The division of land into two or more lots, building sites or other divisions for the purpose of immediate or future sale, lease or building development;
(2) All divisions of land involving the creation of a new street or the change or modification of an existing street;
(3) Re-subdivision involving the further division or relocation of lot lines of any lot or lots within an already approved subdivision; and
(4) The combination or consolidation of exiting lots of record.
(C) Exemptions.
(1) The following actions shall be exempt from the requirements of this section:
(a) The combination or recombination of portions of previously subdivided and recorded lots where the total number of lots is not increased and where the lot sizes comply with the standards set forth in this chapter;
(b) The public acquisition of land for public use by purchase of strips of land for the widening or opening of streets, placement of utilities or establishment of park land;
(c) The division of land into parcels greater than ten acres in size where no street right-of-way dedication is involved;
(d) The division of a tract in single ownership whose entire area is not greater than two acres into not more than three lots, where no street right-of-way dedication is involved and where the resultant lots are equal to or exceed the standards of the town as shown in this chapter; and
(e) The division of land by court decree.
(2) Plats for subdivisions that are exempt from the requirements of this section shall be submitted to the Ordinance Administrator who shall sign a certificate of exemption (see § 152.362 of this chapter) on the plat. This certificate must be signed prior to recordation of the exempt subdivision plat with the county’s Register of Deeds.
(D) Subdivision sketch plan.
(1) General. The purpose of this section is to establish the procedures and standards for consideration of a subdivision sketch plan. The intent of the sketch plan process is to familiarize the Ordinance Administrator and the Planning Board with a potential application for subdivision approval and potential applicants with the applicable process and town standards.
(2) Applicability. The standards and requirements of this section shall be applicable to all applications for the subdivision of land unless specifically exempted by division (C) above.
(3) Exemptions. Applications for minor subdivisions and recombination plats shall be exempt from the requirements of this section.
(4) Required contents of sketch plan. A sketch plan shall consist of a boundary survey or other graphic depiction of a lot or site’s location relative to other adjacent lands and streets, along with a graphic depiction of the proposed development with sufficient detail to allow the town to determine the range of applicable standards and procedures that will apply to the proposed development. This depiction shall include, but not be limited to the following:
(a) Lot layout;
(b) Street network configuration;
(c) Ingress and egress;
(d) Public utility configuration;
(e) Proposed building envelopes;
(f) Proposed open space and recreation areas; and
(g) Topography and natural features.
(5) Review procedures.
(a) Review by Ordinance Administrator. The Ordinance Administrator shall review sketch plans within ten days of the submission of a complete application by the applicant. The Ordinance Administrator shall submit his or her comments to the applicant and Planning Board prior to the meeting at which the Planning Board will review the sketch plan.
(b) Review by Planning Board. The Planning Board shall review submitted sketch plans at its next meeting following the receipt of comments from the Ordinance Administrator. The Planning Board shall review the sketch plan and provide written comments and recommendations to the applicant addressing the consistency of the sketch plan with the requirements of this chapter to the applicant. Following the receipt of the Planning Board’s comments and recommendations, the applicant may then submit his or her application for a preliminary subdivision plat.
(E) Subdivision preliminary plat.
(1) General. A subdivision preliminary plat establishes the general layout and design for the subdivision. Upon the approval of a subdivision preliminary plat, applicants may begin to install streets, public utilities and other infrastructure. Following installation and approval of all required infrastructure, applicants may submit an application for a subdivision final plat. Building permits may not be issued before approval and recordation of a subdivision final plat.
(2) Required contents of preliminary plat. The required contents of a subdivision preliminary plat are located in § 152.361 of this chapter.
(3) Review and approval procedures.
(b) Review by Ordinance Administrator. Following the submission of a complete application for preliminary plat approval, the Ordinance Administrator shall review the application and submit his or her comments to the Planning Board prior to the meeting at which it will review the application.
(c) Review and recommendation by Planning Board. Following the receipt of comments from the Ordinance Administrator, the Planning Board shall review the proposed subdivision preliminary plat at its next regularly scheduled meeting. The Planning Board shall review the application for consistency with the standards of this chapter and with the recommendations regarding the sketch plan that it returned to the applicant. Following its review, the Planning Board shall make a recommendation to the town’s Board of Commissioners to approve, conditionally approve or deny approval of the subdivision preliminary plat.
(d) Review and decision by Town Board. At its next regularly scheduled meeting following the receipt of a recommendation from the Planning Board, the town’s Board of Commissioners shall review and make its decision on the submitted subdivision preliminary plat. During its review, the Town Board shall makes its decision to approve, conditionally approve or deny approval of the preliminary plat based on the standards in division (E)(4) below.
(5) Effect of approval. Approval of a subdivision preliminary plat shall constitute approval of the development with the general lot shapes and alignments of streets identified in the phases depicted on the approved preliminary plat. Phases not depicted on an approved subdivision preliminary plat shall not have preliminary plat approval. Approval of a subdivision preliminary plat allows the subdivider to proceed with the installation of the required infrastructure and utilities. Approval of a subdivision preliminary plat does not constitute or guarantee approval of a final plat. The approval of a subdivision preliminary plat is not a personal right, but one that runs with the land, and, therefore, changes in ownership of the subject property shall not alter the effect of the approval.
(6) Amendment. A subdivision preliminary plat may be amended or modified only in accordance with the procedures and standards established for its original approval.
(7) Installation and inspection of required improvements. Following the construction of all required improvements, or the posting of a performance guarantee for required improvements that are not installed or completed, the subdivider shall submit a written request for inspection of those improvements. When all required public improvements and/or performance guarantees have been approved by the town, the subdivider may apply for subdivision final plat approval.
(8) Performance guarantees. In lieu of meeting the requirement for the completion, installation and dedication of any and all public infrastructure improvements (e.g., underground utilities, streets, sidewalks, storm drainage, trees, landscaping, buffer plantings, street lights and the like) prior to subdivision final plat approval, the town may accept a performance guarantee in accordance with the standards in this section.
(a) Form of performance guarantee. Where required, the owner/developer shall furnish a performance guarantee in any form acceptable to the Town Attorney. Such forms could include the following.
1. Surety performance bond(s). The developer shall obtain a performance bond(s) from a surety bonding company authorized to do business in the state and approved by the town’s Board of Commissioners. The bond shall be payable to the town (or its authorized agent) and shall be in an amount equal to one and one-half times the entire cost, as a certified estimate by a licensed design professional and verified by the Town Engineer, of installing all required improvements. The duration of the bond(s) shall be until such time as the improvements are accepted by the town. Any expenses associated with the cost verification by the town shall be paid entirely by the subdivider.
2. Cash or equivalent security. The developer shall deposit cash, an irrevocable letter of credit or other instrument readily convertible into cash at face value, either with the town (or its authorized agent) or in escrow with a financial institution designated as an official depository of the town. The amount of deposit shall be equal to one and one-half times the entire cost, as certified and estimated by a licensed design professional, and verified by the town, of installing all required improvements.
(b) Escrow guarantee. If cash or other instrument is deposited in escrow with a financial institution, then the developer shall file with the town (or its authorized agent) an agreement with the financial institution guaranteeing the following.
1. Exclusivity of funds. The escrow amount will be held in trust until released by the town and may not be used or pledged by the subdivider in any other transaction during the term of the escrow.
2. Immediate release of funds. In case of a failure on the part of the subdivider to complete the guaranteed improvements, the financial institution shall, upon notification by the town of an estimate of the amount needed to complete the improvements, immediately pay to the town the funds estimated to complete the improvements, up to the full balance of the escrow account, or deliver to the town any other instruments fully endorsed or otherwise made payable in full to the town.
3. Default. Upon failure on the part of the subdivider to complete the required improvements in the time required by this chapter or as spelled out in the performance bond or escrow agreement, the surety, or financial institution holding the escrow account, shall, if required by the town, pay all or any portion of the bond or escrow fund to the town up to the amount required to complete the improvements based on an estimate by the town. Upon payment, the town, in its discretion, may expend such portion of these funds, as it deems necessary to complete all or any portion of the required improvements. The town shall return to the developer any funds not spent in completing the improvements.
4. Release of guarantee security. The town may release a portion of any security posted after the improvements are completed and recommended for approval by the Town Engineer. The town shall approve or disapprove the improvements within 30 days upon receiving the Town Engineer’s recommendation. When the town approves the improvements, it shall immediately release the portion of the security posted which covers the cost of the improvements approved by the town.
(9) Expiration of approval. Preliminary plat approval shall be valid for a period of 12 months from the date of approval of the plat by the town’s Board of Commissioners unless an extension of time is applied for and granted by the Town Board, or unless a longer time period is established under applicable vested rights provisions. Preliminary plats whose approval has expired shall be resubmitted in accordance with the provisions of this section.
(F) Subdivision final plat.
(1) General. After the inspection and approval of the required public improvements or the posting of a performance guarantee for improvements that are not installed or completed, the subdivider shall prepare a subdivision final plat for review in accordance with this section. The subdivider shall receive approval of a subdivision final plat prior to the issuance of building permits for structures on lots.
(2) Required contents of final plat. The required contents of a subdivision final plat are outlined in § 152.361 of this chapter.
(3) Review and approval procedures.
(b) Review by Ordinance Administrator. Following the submission of a complete application for final plat approval, the Ordinance Administrator shall review the application and submit his or her comments to the Planning Board prior to the meeting at which they will review the application.
(c) Review and recommendation by Planning Board. Following the receipt of comments from the Ordinance Administrator, the Planning Board shall review the proposed subdivision final plat at its next regularly scheduled meeting. The Planning Board shall review the application for consistency with the standards of this chapter and with the approved preliminary plat. Following its review, the Planning Board shall make a recommendation to the town’s Board of Commissioners to approve, conditionally approve or deny approval of the subdivision final plat.
(d) Review and decision by Town Board. At its next regularly scheduled meeting following the receipt of a recommendation from the Planning Board, the town’s Board of Commissioners shall review and make its decision on the submitted subdivision final plat. During its review, the Town Board shall make its decision to approve, recommend modification of or deny approval of the final plat based on the standards in division (F)(4) below.
(4) Standards for approval. The final plat shall:
(b) Be in substantial conformity with the approved subdivision preliminary plat;
(c) Comply with all other relevant provisions of this chapter;
(d) Be consistent with all other relevant town ordinances and regulations;
(e) Indicate the installation of all required improvements, or financial guarantee of the installation; and
(f) Include all required certificates.
(5) Certification. No subdivision final plat may be recorded unless all relevant certificates, as identified in § 152.362 of this chapter, have been signed by the appropriate officials.
(6) Recordation. The subdivider shall file the approved subdivision final plat with the county’s Register of Deeds for recording, and shall provide proof of recording to the Ordinance Administrator within 30 days after the date of approval or the subdivision final plat shall expire.
(G) Minor subdivision.
(1) General. The minor subdivision procedure shall be utilized for the subdivision of land into ten or fewer lots provided the development complies with all of the following:
(a) The total land area included within the subdivision is ten acres or less;
(b) No new streets, alleys or other public rights-of-way are created;
(c) No changes are made to the existing streets, alleys or other rights-of-way;
(d) No new utilities are required to be installed to serve the subdivided land;
(f) No flag lots are created.
(2) Required contents of minor subdivision plat. A minor subdivision plat shall contain the same information as required by division (E)(2) above.
(3) Review and approval procedures.
(b) Review and action by Ordinance Administrator. Applications for minor subdivisions shall be reviewed and acted on by the Ordinance Administrator within ten days of the submission of a complete application. The Ordinance Administrator shall issue his or her decision to approve, require modification of or deny approval to the application for minor subdivision approval based on the requirements of division (G)(4) below.
(5) Certification. No minor subdivision plat may be recorded unless all relevant certificates, as identified in § 152.362 of this chapter, have been signed by the appropriate persons.
(6) Recordation. The subdivider shall file the approved minor subdivision plat with the county’s Register of Deeds for recording, and shall provide proof of recording to the Ordinance Administrator within 30 days after the date of approval or the approved plat shall expire.
(7) Amendment. A minor subdivision plat may be amended or modified only in accordance with the procedures and standards established for its original approval.
(H) Recombination plat.
(1) General. This section establishes the procedure for review of a recombination plat, or the resubdivision or re-combination of existing lots located in an approved and recorded plat.
(2) Required contents of recombination plat. A recombination plat shall contain the same information as required by division (E)(2) above.
(3) Review procedure.
(b) Review and action by Ordinance Administrator. Applications for recombination plats shall be reviewed and acted on by the Ordinance Administrator within ten days of the submission of a complete application. The Ordinance Administrator shall issue his or her decision to approve, require modification of or deny approval to the application for recombination plat approval based on the requirements of division (H)(4) below.
(4) Standards for approval. An application for a recombination plat shall be approved upon a finding of the Ordinance Administrator that the application complies with the following:
(a) All lots comply with the standards and requirements of this chapter;
(b) Drainage, easements and rights-of- way shall not be changed;
(c) No existing lots shall be rendered non-conforming;
(d) The rear portion of a lot shall not be subdivided from the front part unless the original lot had frontage on two streets; and
(e) The recombination of land shall result in lots that maintain the character of the surrounding area in terms of size, configuration and general lot shape.
(5) Certification. No recombination plat may be recorded unless all relevant certificates, as identified in § 152.362 of this chapter, have been signed by the appropriate officials.
(6) Recordation. The subdivider shall file the approved recombination plat with the county’s Register of Deeds for recording, and shall provide proof of recording to the Ordinance Administrator within 30 days after the date of approval or the approved plat shall expire.
(Ord. passed 3-5-2018)
§ 152.077 ZONING PERMITS.
(A) Purpose. A zoning permit shall be required in accordance with the provisions of this section in order to ensure that proposed development complies with the standards of this chapter, and to otherwise protect the public health, safety and welfare of the citizens of the town.
(B) Applicability. The provisions of this section shall be applicable to all development within the town’s jurisdiction. No building, sign or other structure shall be erected, moved, extended, enlarged or structurally altered, nor any building permit be issued by the county or any other development activity commence until the Ordinance Administrator has issued a zoning permit in accordance with this section.
(C) Procedure.
(2) If the application is denied, the reasons for denial shall be provided to the applicant in writing.
(D) Zoning permit standards. A zoning permit shall be approved upon a finding by the Ordinance Administrator that the application complies with all relevant standards of this chapter, as well as any other applicable town requirements and applicable conditions of approval if any were imposed as part of a preceding approval for the proposed development.
(E) Appeals. The appeal of a decision by the Ordinance Administrator on the issuance of a zoning permit shall be heard by the Board of Adjustment in accordance with § 152.080 of this chapter.
(F) Expiration.
(1) For development activity that requires a building permit, the zoning permit issued for that activity shall expire and be void six months after the date of its issuance if a building permit has not yet been issued.
(2) For development activity that does not require a building permit, the zoning permit shall expire and be void unless the activity authorized by the zoning permit has commenced within six months of the date of its issuance.
(Ord. passed 3-5-2018)
§ 152.078 ZONING CERTIFICATE OF COMPLIANCE.
(A) Purpose. A zoning certificate of compliance shall be required in accordance with the provisions of this section in order to ensure that proposed temporary use complies with the standards of this chapter, and to otherwise protect the public health, safety and welfare of the citizens of the town.
(B) Applicability. The provisions of this section shall be applicable to all carnivals, circuses and fairs within the town’s jurisdiction.
(C) Procedure. The applicable requirements for submission and review of an application are established in §§ 152.045 through 152.056 of this chapter. The Ordinance Administrator shall review and approve or deny an application for a zo ning certificate of compliance in accordance with the standards in division (D) below. If the application is denied, the reasons for denial shall be provided to the applicant in writing.
(D) Zoning certificate of compliance standards. A zoning certificate of compliance shall be approved upon a finding by the Ordinance Administrator that the application complies with all relevant standards of the temporary use.
(Ord. passed 3-5-2018)
§ 152.079 ORDINANCE INTERPRETATION.
(A) Authority. Interpretations of all provisions of this chapter shall be made by the Ordinance Administrator, including: interpretations of the text of this chapter; interpretations of the zoning district boundaries; interpretation of compliance with a condition of approval; and interpretations of whether an unspecified use falls within a use classification, use category or use type allowed in a zoning district.
(B) Initiation. A written interpretation may be requested by the town’s Board of Commissioners, the Planning Board, the Board of Adjustment, any resident or landowner or any person having an interest in land in the town.
(C) Procedure.
(1) Submission of request for interpretation. Before a written interpretation shall be provided by the Ordinance Administrator, a request for interpretation shall be submitted to the town in writing.
(2) Rendering of interpretation. After the request for interpretation has been determined to be complete, the Ordinance Administrator shall review and evaluate the request in light of the Future Land Use Plan, this chapter, the official zoning district map and other relevant codes and statutes, consult with the Town Attorney and other affected town staff, and then render an interpretation.
(3) Form. The interpretation shall be in writing, approved as to form by the Town Attorney, and sent to the applicant by first class mail after the interpretation is made by the Ordinance Administrator.
(D) Appeal. Any aggrieved party objecting to a written interpretation from the Ordinance Administrator may appeal the interpretation to the Board of Adjustment in accordance with § 152.080 of this chapter.
(E) Official record. The Town Clerk shall maintain a record of written interpretations that shall be available for public inspection, upon reasonable request, during normal business hours.
(Ord. passed 3-5-2018)
§ 152.080 APPEAL OF ADMINISTRATIVE DECISIONS.
(A) Right of appeal. Any aggrieved party affected by a decision or interpretation of the Ordinance Administrator or other administrative official may appeal such decision or interpretation to the Board of Adjustment in accordance with the provisions of this section.
(B) Procedure.
(1) Initiation. An appeal taken in accordance with this section may be initiated by filing a written notice of appeal within 30 days of the date of the decision or interpretation with the Town Clerk.
(2) Contents of appeal. The written notice of appeal shall specify the grounds for the appeal, a statement of the improper decision or interpretation, the date of that decision or interpretation and all support materials related to the decision.
(3) Record. Upon receipt of the written notice of appeal, the Town Clerk shall transmit all the papers, documents and other materials relating to the decision or interpretation appealed to the Board of Adjustment. These materials shall constitute the record of the appeal.
(4) Scheduling of notice and hearing.
(b) The Board of Adjustment shall hear the appeal at its next regularly scheduled meeting, based upon established scheduling policy, or as soon as is reasonably possible.
(5) Hearing and decision by Board of Adjustment. At the hearing, the person making the appeal may appear in person or by agent or attorney, and shall state the grounds for the appeal and identify any materials or evidence from the record to support the appeal. The Ordinance Administrator shall be given an opportunity to respond, as well as any other town staff or other person the Board of Adjustment deems necessary. In making its determination, the Board of Adjustment shall consider the application, the relevant support materials and the testimony given at the public hearing. Within 30 days following the close of the public hearing, the Board of Adjustment shall affirm, partly affirm, modify or reverse the decision or interpretation, based on the record and the requirements and standards of this chapter. Modifying or reversing the decision being appealed shall require an affirmative vote of at least four-fifths of the members of the Board of Adjustment who are eligible to vote as set forth in G.S. § 160A-388(e). All decisions by the Board of Adjustment shall be in writing and shall be filed by the Town Clerk within five days from the date the decision is made.
(C) Effect of appeal. A pending appeal stays all proceedings in furtherance of the action appealed, unless the Ordinance Administrator certifies to the Board of Adjustment after the notice of appeal is filed, that by reason of facts stated in the certificate, a stay would cause imminent peril to life or property. In such case, proceedings shall not be stayed otherwise than by a restraining order, which may be granted by a court of competent jurisdiction, on notice to the Ordinance Administrator and on due cause shown.
(D) Appeal.
(1) Any appeal from the decision of the Board of Adjustment shall be to the Superior Court for the county by petition for a writ of certiorari.
(2) Any such petition to the Superior Court shall be filed with the Clerk of Court no later than 30 days after the date the decision of the Board of Adjustment is filed by the Town Clerk, or after the date a written copy of the decision is delivered (via personal delivery or by registered or certified mail, return receipt requested) to every aggrieved party who has filed a written request for such copy with the Board of Adjustment at the public hearing, whichever is later.
(Ord. passed 3-5-2018)
§ 152.081 ESTABLISHMENT OF VESTED RIGHTS.
(A) Purpose. The purpose of this section is to provide a procedure allowing a landowner to apply for the right to develop land in accordance with a previously-approved site-specific development.
(B) Applicability. Vested rights, in accordance with this section, and G.S. § 160A-385.1, shall only be available to a landowner with a legally-established and approved site-specific development plan. For the purposes of this division (B), a site-specific development plan shall include the following:
(1) Development subject to an approved special use permit;
(2) Development subject to a minor subdivision plat;
(3) Development subject to a subdivision preliminary plat; or
(4) Development subject to a site plan.
(C) Procedure.
(2) Review and recommendation by Planning Board. Following a review by the Ordinance Administrator, the application shall be referred to the Planning Board for review and recommendation. During the meeting, the Planning Board shall consider the application, the relevant support materials and any public comments given on the application. Within 45 days of the first meeting on an application, the Planning Board shall make a written recommendation to the town’s Board of Commissioners (unless a longer review period is established by mutual agreement of the applicant and Planning Board). In addition to making a recommendation as to approval or denial of the application and the appropriate period of time to vest a site-specific development plan, the Planning Board may also recommend the imposition of conditions on the approval in accordance with § 152.050 of this chapter. In no instance shall the application proceed to the public hearing before the town’s Board of Commissioners without a recommendation by the Planning Board.
(3) Review and decision by the town’s Board of Commissioners. After receipt of a recommendation from the Planning Board, public notification and the scheduling of a public hearing, the town’s Board of Commissioners shall conduct a public hearing on the application. At the public hearing, the town’s Board of Commissioners shall consider the application, the relevant support materials, the recommendation of the Planning Board and the testimony given at the public hearing. After the close of the public hearing, the town’s Board of Commissioners shall, by four-fifths majority of those present and eligible to vote, approve, approve with conditions or deny the application based on the standards in § 152.080(D) of this chapter. In the event the application is approved, the town’s Board of Commissioners shall establish the vesting period, which shall not exceed a maximum of five years from the date of approval of the establishment of vested rights.
(D) Vested rights standards.
(1) The town’s Board of Commissioners shall only grant vested rights in accordance with this section after making the following findings of fact:
(a) The site-specific development plan was lawfully established and approved in the appropriate manner by the appropriate decision- making body;
(b) The site-specific development plan has not expired;
(c) All required variances, if any, included as a condition of approval of a site-specific development plan have been obtained; and
(d) The site-specific development plan provides sufficient information to establish the types and intensity of proposed development with reasonable certainty.
(2) In approving the establishment of vested rights, the town’s Board of Commissioners may extend the two-year vested rights period to a period of up to five years, where warranted in light of all relevant circumstances, including, but not limited to, the size and phasing of development, economic cycles and market conditions.
(Ord. passed 3-5-2018)