1. (1)
   July 1, 2021; or 
2. (2)
   The date that the City Council adopts the Official Zoning Map, which was July 1, 2021.

1. (1)
   Public Restrictions. The following provisions apply to laws adopted by a federal, state, or local legislative body.

   1. (a)
      Where this UDO conflicts with another local, state, or federal law, whichever the Director finds imposes the more stringent restrictions controls. Where the Director finds conflicting provisions to be equally stringent, then the provision more recently adopted controls. 
   2. (b)
      Where the text of this UDO conflicts with its tables or illustrative material, the text controls. Where a table of this UDO conflicts with an illustration, the table controls.
2. (2)
   Private Restrictions. The City does not interpret or enforce private restrictions, including, but not limited to, deed restrictions, covenants, or easements, unless it is a party to them. If the City is a party to private restrictions, and such restrictions conflict with this UDO then the more stringent restrictions control.

1. (1)
   Minimum Requirements. Considered as minimum requirements for promotion of the purposes of this UDO; and
2. (2)
   Construed in Favor. Liberally construed in favor of the City. 

Approvals. Any building, structure, or development for which legislative development approval shall not require any change in the plans, construction, size, or designated use of any building, structure, or part thereof for which a building permit has been granted prior to the effective date of this UDO or any amendment thereto.

1. (1)
   Completion.  Any building, structure, or development shall be completed in conformance with the issued permit and any other applicable permits and conditions, even if such building, structure, or development does not fully comply with provisions of this UDO.
2. (2)
   Delay in Construction. Should construction of any outstanding permit not begin within a period of 180 days subsequent to the passage of this UDO or any amendment thereto, or where it has not been prosecuted to completion within 18 months subsequent to the passage of this UDO or any amendment thereto, any further construction or use shall be in conformity with the provisions of this Ordinance or any such amendment.
3. (3)
   No Building Permit.  If a Building Permit is not obtained according to the requirements of the prior Zoning Ordinance, Subdivision Ordinance, or the applicable permit terms, the City Council may, for good cause shown, grant and extension for the:

   1. (a)
      Development approval for up to one year for the purpose of obtaining a Building Permit under the terms of the previously applicable UDO; or
   2. (b)
      Building permits so that any building, structure, or development may be constructed, completed, or occupied only in compliance with this UDO. 

1. (1)
   A validly approved statutory vested right (including currently effective site-specific vesting plan or preliminary plat approved prior to the effective date of this UDO in accordance with NCGS §160D-108 and §160D-108.1; or;
2. (2)
   A judicial established common law vested right where

   1. (a)
      The owner has made substantial expenditures;
   2. (b)
      The expenditures were made in good faith;
   3. (c)
      The expenditures were made in reliance on valid government approval, if such was required; and
   4. (d)
      The owner would be harmed with a vested right.

1. (1)
   To initiate, adopt, and amend the City's Comprehensive Plan;
2. (2)
   To initiate amendments to the text and map of this UDO;
3. (3)
   To review recommendations of the Planning and Zoning Board, and make final decisions on applications for amendments to the text of this UDO;
4. (4)
   To hear, review, and approve, conditionally approve, or deny amendments to the Official Zoning Map after a recommendation of the Planning and Zoning Board has been submitted;
5. (5)
   To hear, review, and approve or disapprove all applications for major subdivision approval after recommendation from the Planning and Zoning Board; and 
6. (6)
   To take such other action not otherwise delegated, as the City Council may deem desirable and necessary to implement the provisions of this UDO and the Kings Mountain Comprehensive Plan.

1. (1)
   Granting Modifications.  In granting Modifications, the Council may require such conditions as will secure, insofar as practicable, the objectives or requirements modified. In no case however, shall the Council, acting pursuant to this Section, modify the terms or requirements of the Zoning Ordinance or the Flood Damage Prevention Ordinance. Violation of any condition shall constitute a violation of this Ordinance. A Modification granted as part of a plan approval shall have the same duration as the plan approval.
2. (2)
   Criteria.  In granting a modification, the City Council shall make the findings required herein, taking into account the nature of the proposed subdivision, the existing use of land in the vicinity, the number of persons to reside or work in the proposed subdivision, and the probable effect of the proposed subdivision upon traffic conditions in the vicinity. No modification shall be granted unless it is found:

   1. (a)
      That there are special circumstances or conditions affecting said property such that the strict application of the provisions of this Ordinance would deprive the applicant of the reasonable use of his land, and
   2. (b)
      That the modification is necessary for the preservation and enjoyment of a substantial property right of the petitioner, and
   3. (c)
      That the circumstances giving rise to the need for the modification are peculiar to the subdivision and are not generally characteristic of other subdivisions in the jurisdiction of this ordinance, and
   4. (d)
      That the granting of the modification will not be detrimental to the public health, safety and welfare or injurious to other property in the area in which said property is situated.

1. (1)
   Matters in this UDO. The Board shall have the authority to make recommendations or make final decisions on the development review applications for the processes established in Section 156.100, Administrative and Legislative Review Procedures, and the following:

   1. (a)
      To initiate preparation of and or amendments to the Comprehensive Plan;
   2. (b)
      To initiate, hear, review, and make recommendations to the City Council on applications for text amendments of this UDO;
   3. (c)
      To hear, review, and make recommendations to the City Council on applications for Zoning Map amendments;
   4. (d)
      To hear, review, and make recommendations to the City Council on all applications for major subdivision approval in accordance with this UDO; and
   5. (e)
      To adopt bylaws, policies, procedures, and regulations for the conduct of its meetings, the consideration of applications for development approval, and for any other purposes deemed necessary for the functioning of the Board. All bylaws, policies, procedures, and regulations shall be consistent with this Ordinance and shall be approved by the City Council before taking effect.
2. (2)
   Matters Outside of this UDO. The Board shall have the following additional powers and duties. The Board shall:
3. (3)
   Recommend amendments of the Comprehensive Plan to the City Council; and
4. (4)
   Make periodic report to the Council as to the Board’s activities, as requested.

1. (1)
   Numbers. Board number and composition shall be as written in the Rules and Procedures of the Planning and Zoning Board.  
2. (2)
   Appointments. The City Council shall appoint members of the Board for terms of three years from the City of Kings Mountain.  Appointment of ETJ members of the Board shall be made by the respective County. Terms begin from the date of appointment. 
3. (3)
   Composition. The membership shall include proportional representation for extraterritorial areas.  This calculation shall be updated no less frequently than after each decennial census.
4. (4)
   Vacancies and Removal.  The City Council shall fill vacancies in an unexpired term by appointment for the remainder of the term. The City Council may vote to remove a member for good cause at any time in a public meeting.
5. (5)
   Compensation.  Members may be compensated per diem, based upon meetings actually attended and reasonable and necessary expenses, as determined by the City Council.

1. (1)
   Election. The Board shall elect a Chairperson and Vice-Chairperson at the first meeting of each calendar year. or as specified in the Board's adopted by-laws. 
2. (2)
   Officer Duties.  The chair, or in the chair's absence the vice-chair, shall administer oaths, be in charge of all proceedings before the Board, and take such action necessary to preserve the order and integrity of all proceedings before the Board. In the absence of both, the Board shall elect a temporary chair to conduct the meeting.
3. (3)
   Staff. The Director shall serve as the professional staff of the Board and shall appoint a recording secretary to keep minutes to summarize all proceedings, attested to by a majority of the members of the Board voting.  In addition, the secretary shall maintain all records of Board meetings, hearings, and proceedings, as well as the correspondence of the Board.

1. (1)
   Frequency, Location, Date, and Time. The Board shall meet not less than once each month, unless there are no items for it to review. Meetings shall be held at the place, time, and date stated on the notice of meeting posted at the Kings Mountain City Hall. Meetings shall be open to the public. The City Council, Chairperson, a majority of the Board or the Director may call a special meeting following required notice. 
2. (2)
   Absences. Any member of the Board who misses three consecutive regular meetings without valid reason, as determined by Council, shall be deemed no longer interested in serving, and the Council shall appoint a new interim member to fill the vacancy.
3. (3)
   Rules of Procedure. The Board may establish its own rules of procedure, provided that such shall not conflict with the laws applicable to the Board or the provisions of this UDO.
4. (4)
   Postponed Item. If a matter is postponed due to lack of a quorum, the chair of the Board shall continue the meeting to the next Board meeting. The recording secretary shall notify all members and all appropriate parties of the date of the continued meeting.

1. (1)
   Numbers, Composition, and Appointment. The Board shall be comprised of five (5) permanent members and two (2) alternate members. Each member shall be appointed by City Council to staggered three (3) year terms, initially being set at three permanent members and one alternate for three years,
   and two permanent members and one alternate for two years. Vacancies on the Board
   shall be filled by appointment for the period of the unexpired term by City Council.

1. (1)
   Board of Adjustment Members shall be appointed for three-year terms, unless appointed to fill a vacancy, which will be for the remainder of that vacancy's term.
2. (2)
   All successive terms shall be for three years.

   1. (a)
      When a three-year term for a Board of Adjustment member ends, the member may be reappointed to a new three-year term, culminating in no more than two consecutive three-year appointments.

1. (1)
   Election. BOA shall elect a Chairperson and Vice-Chairperson from among its members at the first meeting of the year.
2. (2)
   Officer Duties. The chair, or in the chair's absence the vice-chair, shall administer oaths, be in charge of all proceedings before the BOA, and take such action necessary to preserve the order and integrity of all proceedings before the BOA. In the absence of both, the BOA shall elect a temporary chair to conduct the meeting.
3. (3)
   Staff. The Planning Director, or designee, shall serve as the professional staff of the Board and shall appoint a recording secretary to keep minutes to summarize all proceedings, attested to by a majority of the members of the Board voting. In addition, the secretary shall maintain all records of Board meetings, hearings, and proceedings, as well as the correspondence of the Board.
4. (4)
   Recordkeeping. Minutes of the proceedings of the BOA showing the vote of each member and records of its examinations and other official actions shall be filed in the Planning Office.

1. (1)
   Frequency, Location, Date, and Time. The BOA shall meet monthly unless there are no items for it to decide upon. The Chairperson may call a special meeting following the required notice.
2. (2)
   Absences. Any member of the BOA who misses three consecutive regular meetings without a valid reason, as determined by staff, shall be deemed no longer interested in serving, and the position shall be filled in accordance with section 156.90.02.C.3.b.
3. (3)
   Rules of Procedure. The BOA may establish its own rules of procedure, provided that such shall not be in conflict with the laws applicable to the BOA or the provisions of this UDO. In accordance with NCGS 160D-406, the Board shall follow statutory procedures for all quasi-judicial development decisions, including variances, special use permits, certificates of appropriateness, and appeals of administrative determinations.
4. (4)
   Evidentiary Hearings.

   1. (a)
      The Board must hold an evidentiary hearing to gather competent, material, and substantial evidence to establish the facts of the case. The evidentiary hearing must have testimony under oath and must establish written findings of fact and conclusions of law. The Board chair must rule at the evidentiary hearing on objections to the inclusion or exclusion of administrative material. Such rulings may be appealed to the full board.
   2. (b)
      The Board must allow parties with standing to participate fully in the evidentiary hearing, including presenting evidence, cross-examining witnesses, objecting to evidence, and making legal arguments; it may allow non-parties to present competent, material, and substantial evidence that is not repetitive.
5. (5)
   Voting. The concurring vote of four members of the Board shall be necessary to affect any variance of the Unified Development Ordinance. A simple majority vote shall be necessary for any Special Use Permit, to issue Certificates of Appropriateness, or to render judgment of an appeal of an administrative determination. 

1. (1)
   To recommend to the Planning and Zoning Board areas to be designated by ordinance as “historic districts” and individual structures, buildings, sites, areas, or objects to be designated by ordinance as "landmarks”;
2. (2)
   To recommend to the City Council that designation of any area as a historic district or recommend the designation of any building, structure, site, area, or object as a landmark, be revoked or removed for cause;
3. (3)
   To review and make final decision applications for Certificate of Appropriateness requests for alterations, demolition, or new construction within historic districts, or for the alteration or demolition of designated landmarks in accordance with this UDO;
4. (4)
   To give advice to property owners concerning the treatment of the historical and visual characteristics of properties located within the districts, such as color schemes, gardens and landscaping features, and minor decorative elements;
5. (5)
   To propose to the City Council changes to this or any related ordinance; propose new ordinances or laws relating to the historic districts, historic landmarks, or the development of the historical resources of the City of Kings Mountain and its environs;
6. (6)
   To cooperate with other City of Kings Mountain boards or commissions or with agencies of the City or other governmental units; offer or request assistance, aid, guidance, or advice concerning matters under its purview;
7. (7)
   To publish information about, or otherwise inform, the owners of property within the districts of any pertinent matters. Such information may be in the form of guidelines, handbooks, pamphlets, brochures, etc;
8. (8)
   To conduct an educational program with respect to historic districts and landmarks within its jurisdiction;
9. (9)
   To undertake programs of information, research, or analysis relating to any matters under its purview;
10. (10)
    To report violations of this UDO or related ordinances to the Planning Director responsible for enforcement;
11. (11)
    To assist City of Kings Mountain staff in obtaining the services of private consultants to aid in carrying out programs of research or analysis;
12. (12)
    To acquire by any lawful means, the fee or any lesser included interest, including options to purchase properties within established districts or any properties designated as landmarks:
13. (13)
    To hold, manage, preserve, restore, and improve the same exchange or dispose of the property by public or private sale, lease, or otherwise, subject to covenants or other legal instruments;
14. (14)
    To accept funds granted to the Commission from private or nonprofit organizations;
15. (15)
    To contract, with the approval of the City Council, for services or funds from the State of North Carolina and agencies or departments of the United States government;
16. (16)
    To recommend to the City Council and the State of North Carolina structures, sites, objects, or districts worthy of national, state or local recognition;
17. (17)
    To negotiate at any appropriate time with the owner of a building, structure, site, area, or object for its acquisition or its preservation when such action is reasonable, necessary, or appropriate;
18. (18)
    To establish guidelines under which the Planning Director or his designee may approve minor modifications on behalf of the Commission. No application shall be denied without first being considered by the Commission;
19. (19)
    To conduct public hearings on applications for Certificates of Appropriateness where the Commission deems that such a hearing is necessary;
20. (20)
    To organize itself and conduct its business by whatever legal means it deems proper; and
21. (21)
    To exercise such other powers and perform such other duties as are required elsewhere by this UDO, the General Statutes of North Carolina, or by the City Council.

1. (1)
   Composition. All members of the Historic Preservation Commission shall be residents of the territorial zoning jurisdiction of the City of Kings Mountain and a majority of the members shall have demonstrated special interest,experience, or education in history, architecture, archaeology, or related fields.
2. (2)
   Appointments. Members of the Historic Preservation Commission shall serve overlapping terms of three years. A member may be reappointed for a second consecutive term. After two consecutive terms a member shall be ineligible for reappointment until one calendar year has elapsed from the date of termination of the second term.

1. (1)
   Frequency, Location, Date. and Time. The Commission shall establish a meeting time, and shall meet at least quarterly. All meetings of the Commission shall be open to the public and reasonable notice of the time and place shall be given to the public.
2. (2)
   Rules of Procedure. The Historic Preservation Commission shall adopt and publish rules of procedure for the conduct of its business.
3. (3)
   Absences. Any member of the Commission who misses more than three consecutive regular meetings or more than half of the regular meetings in a calendar year without valid reason, as determined by Council, shall be deemed no longer interested in serving, and the Council shall appoint a new interim member to fill the vacancy. Absence due to sickness, death, or other emergencies shall be recognized as approved absences. In the event of a long illness or other such cause for prolonged absence, the member shall be replaced.

1. (1)
   Administering the requirements of this UDO;
2. (2)
   Ensure that all information necessary to determine compliance with this UDO has been provided;
3. (3)
   Formulating staff recommendations;
4. (4)
   Rectifying review comments between City departments and referral agencies; and
5. (5)
   Providing cohesive and timely review of subdivision applications.

1. (1)
   The TRC shall be comprised of the City staff designated by the Director and representatives from each referral agency that reviews development projects in conjunction with the City.
2. (2)
   Based on the nature of a development, TRC meetings can be limited to those staff and agencies affected by the development, or can be expanded to include additional agencies or staff with review responsibilities

1. (1)
   Permit Review. The Building Inspector reviews residential, nonresidential, mixed use, and other plan types, including plans for signs, to verify that the construction design meets the minimum building code requirements and applicable City ordinances.
2. (2)
   Inspection. The Building Inspector conducts and approves all building permit inspections to ensure that construction meets all applicable building code and other requirements (as applicable, including inspecting setbacks, foundation elevation, and fence and wall requirements set out in this Code).
3. (3)
   Recordkeeping. The Building Inspector maintains all records as it relates to the building permit process and inspections, including materials and outcomes.
4. (4)
   Interpretation. The Building Inspector interprets the building codes and other City ordinances as they relate to plans and permits.
5. (5)
   Arbitration. The Building Inspector interprets the building codes and other City ordinances as they relate to plans and permits.
6. (6)
   Approvals. The Building Inspector shall decide the following applications:

   1. (a)
      Building permits;
   2. (b)
      Sign permits; and
   3. (c)
      Certificates of occupancy.

1. (1)
   Recommendations and Final Decisions. The Floodplain Director shall have the authority to make recommendations or final decisions on the development review applications denoted in Section 156.100, Administrative and Legislative Review Procedures.
2. (2)
   Other Powers and Duties.  The Floodplain Director shall have the following additional powers and duties. The Floodplain Director:

   1. (a)
      Shall maintain and hold open for public inspection all records pertaining to the floodplain provisions of this UDO;
   2. (b)
      Shall review permits for proposed development to assure that all necessary permits have been obtained from those federal, state, or local governmental agencies (including Section 404 of the Federal Water Pollution Control Act Amendments of 1972, 33 U.S.C. 1334) from which prior approval is required;
   3. (c)
      May, under the provisions of CFR Title 44, Chapter 1, Section 65.12, of the National Flood Insurance Program regulations, approve certain development in zones A1-30, AE, AH, on the City's FIRM which increases the water surface elevation of the base flood by more than 1 foot, provided that the City first completes all of the provisions required by CFR Title 44, Chapter 1, Section 65.12, Section 65.12.
   4. (d)
      Shall require that no new construction, substantial improvements, or other development (including fill) be permitted within zones A1-30 and AE on the community’s Flood Insurance Rate Map (FIRM), when a regulatory floodway has not been designated, unless it is demonstrated that the cumulative effect of the proposed development, when combined with all other existing and anticipated development, will not increase the water surface elevation of the base flood more than one foot at any point within the community; and
   5. (e)
      Shall maintain a record of all actions involving a Floodplain Variance and shall report such Variances to FEMA upon request.
   6. (f)
      Shall obtain, review, and reasonably utilize any base flood elevation data and floodway data available from a federal, state, or other source, in order to administer the provisions of Section 156.80, Flood Damage Prevention and Hazard Reduction, when base flood elevation data has not been provided in accordance with Section 123.01.06, General Standards;
   7. (g)
      Shall assure that the flood-carrying capacity within the altered or relocated portion of any watercourse is maintained;
   8. (h)
      Shall notify North Carolina Department of Crime Control and Public Safety, Division of Emergency Management, State Coordinator for the National Flood Insurance Program prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Emergency Management Agency (FEMA); and
   9. (i)
      Shall make the necessary interpretation, where interpretation is needed, as to the exact location of the boundaries of the areas of special flood hazards (for example, where there appears to be a conflict between a mapped boundary and actual field conditions).

1. (1)
   Legislative applications prior to final decisions on all other applications;
2. (2)
   Quasi-judicial applications prior to final decisions on subdivision or administrative applications; 
3. (3)
   Subdivision applications prior to final decisions on administrative applications; and
4. (4)
   Applications within the same category as Section 156.100, Administrative and Legislative Review Procedures, assigns priority.

1. (1)
   Legislative applications prior to final decisions on all other applications;
2. (2)
   Quasi-judicial applications prior to final decisions on subdivision or administrative applications; and
3. (3)
   Subdivision applications prior to final decisions on administrative applications.

1. (1)
   All Information. All of the submittal information required in the application form;
2. (2)
   Certifications. Documents or drawings that are prepared and certified by qualified professionals (where such certifications are required);
3. (3)
   Fee. The application fee; and
4. (4)
   Additional Information. Any additional information resulting from the pre-application conference, neighborhood meeting, or that is necessary to demonstrate compliance with all of the applicable requirements of this UDO. 

1. (1)
   Accuracy. The contents of the submittal are accurate or that they comply with the standards of this UDO;
2. (2)
   Recommendation. The application will receive a positive recommendation or final decision from the applicable administrative body; or
3. (3)
   Clarification. During the review, additional clarification or information will not be needed.

1. (1)
   Director Duties. If the Director determines that a submittal is not to be complete, the Director shall:

   1. (a)
      Notify the applicant in writing with a list of all missing or incomplete items; and
   2. (b)
      Provide a maximum of 45 calendar days for the applicant to resubmit the missing or incomplete items.
2. (2)
   Rejection. If the missing or incomplete items are not submitted within the 45-day period, the Director shall deem the application rejected, shall not accept the application for filing, and shall make the submittal and application fee available to the applicant for retrieval. After the Director rejects an application, a new application and fee shall be required if the applicant wishes to apply again. 
3. (3)
   Not Considered Submitted. Incomplete or rejected applications are not considered "submitted" or "filed" for the purposes this UDO.  Complete applications are considered submitted on the date the Director deems them complete. 
4. (4)
   Submittal of Corrections. Corrected and submitted applications are not considered complete and submitted until the next available processing cycle deadline. For example, if a submittal deadline is on Monday, May 1, and a corrected application is submitted on May 5, then the application is deemed submitted and complete on the following submittal deadline of  May 15, occurring every 15 days as established by the Director. 

1. (1)
   Review and Comment. Review the Administrative application and provide comments to the applicant, which may include required revisions;
2. (2)
   Review and Decide. Review and make a final decision on the Administrative application or provide the application to the administrative body empowered by Section 156.90.03.L, Development Review Summary, to review and make a final decision on the application; or
3. (3)
   Distribute. Distribute the Legislative, Quasi-Judicial, or Subdivision application to the appropriate review body or outside agency for recommendation or final decision according to Section 156.90.03.L, Development Review Summary. 

1. (1)
   Comments. During application review, the Director may provide comments from development review bodies, where applicable, to the applicant. The applicant shall then revise and resubmit the application with requested changes.
2. (2)
   Resubmittal. Upon receipt of the resubmittal, the Director may refer the application to relevant development review bodies again if the changes substantially affect the interests of the agency in ways not anticipated by the reviewer's original comments, or require the reviewer's technical expertise for appropriate review.

1. (1)
   Administrative Applications. If the application is for a review procedure addressed in Section 156.100, Administrative and Legislative Review Procedures, then City staff shall approve, conditionally approve, or deny the application, as appropriate. Applications receiving approval may subsequently undergo the processes established in Subsection 156.90.03.I, Post-Approval Provisions.
2. (2)
   Legislative, Quasi-Judicial, and Subdivision Applications. If the application requires a public meeting or public hearing prior to a final decision, then the applicable City staff shall forward a recommendation to the next development review body in the review process, according to 156.90.03.L, Development Review Summary,  who will consider it for further recommendation or final decision.  

1. (1)
   Mailing Provisions.  In the absence of evidence to the contrary, the Director may rely on the county tax listing to determine owners of property entitled to mailed notice. The Director shall deposit the notice in first-class mail at least 10 days, but not more than 25 days, prior to the date of the legislative or quasi-judicial hearing.  For purposes of this section, properties are abutting even if separated by a street, railroad, or other transportation corridor. 
2. (2)
   Legislative Procedures.

   1. (a)
      Mailed Notice. The Director shall mail notice of the hearing to the owners of affected parcels of land and all owners of land abutting to the boundaries of the land subject to the application.
   2. (b)
      Posted Notice.  The Director shall prominently post a notice of the hearing on the subject property or on an adjacent public street or highway right-of-way. The notice shall be posted within the same time period specified for mailed notices of the hearing. When multiple parcels are included within a proposed zoning map amendment, a posting on each individual parcel is not required but the local government shall post sufficient notices to provide reasonable notice to interested persons.
3. (3)
   Quasi-Judicial Procedures.

   1. (a)
      Mailed Notice.  The Director shall mail notice of quasi-judicial hearings to:

      1. (i)
         The Director shall mail notice of the hearing to the owners of affected parcels of land and all owners of land abutting to the boundaries of the land subject to the application; and
      2. (ii)
         The owner of the property that is the subject of the hearing if the owner did not initiate the hearing; and
   2. (b)
      Posted Notice. Within that same time period, the Director shall also prominently post a notice of the hearing on the site that is the subject of the hearing or on an adjacent street or highway right-of-way.

1. (1)
   Meetings and Hearings. The City Council, Planning and Zoning Board, Board of Adjustment, and Historic Preservation Commission shall hold regularly scheduled public hearings to receive and review public input on those items required by this UDO and the North Carolina General Statutes. All public meetings and hearings related to applications in the UDO shall be open to the public. However, not all decisions require public hearings. Therefore, recommendations and decisions that are authorized by this UDO are classified as requiring a "public meeting" or "public hearing."
2. (2)
   Votes.

   1. (a)
      A vote shall be conducted in such manner that the public may know the vote of each person entitled to vote.
   2. (b)
      All recommendations and final actions at a public meeting or hearing shall require a simple majority vote unless otherwise indicated in this UDO for a specific development review procedure.  

1. (1)
   Public Meeting Required. Any legislative or quasi-judicial application that does not require a public hearing prior to a recommendation or final decision requires a recommendation or final decision to be made at a public meeting. 
2. (2)
   Consent Agenda. Any legislative or quasi-judicial development review body may establish a consent agenda. The consent agenda may consist of all matters brought before the body for final decision that do not require a public hearing. All items on the consent agenda may be approved simultaneously by motion without comment or debate. An item may be removed from the consent agenda prior to the approval at the request of any member of the development review body present at the meeting, or by the Director. Items removed from the consent agenda shall be considered on the regular agenda.

1. (1)
   Generally. All meetings of the City Council, Planning and Zoning Board, Board of Adjustment, or Historic Preservation Commission shall be open to the public except as otherwise provided for in the North Carolina General Statutes.  
2. (2)
   Procedures. Elected and appointed administrative/advisory bodies may adopt rules of procedure for the conduct of public hearings. The adopted rules of procedure shall reflect the following general procedures:

   1. (a)
      The Chairperson may impose a reasonable time limit on speakers and may limit testimony that is irrelevant or redundant.
   2. (b)
      Citizens, applicants, and the City have the right to present expert witnesses.
   3. (c)
      Persons appearing at a public hearing shall identify themselves and state their address and similar information about any organization they represent.
   4. (d)
      If a speaker represents an organization, the development review body conducting the hearing may request written evidence of that person's authority to speak on behalf of the group in regard to the matter under consideration.
   5. (e)
      Any person may appear at a public hearing, submit evidence, and be heard.
3. (3)
   Attendance by Applicant at Public Hearing. An applicant or representative is not required to attend the public hearing at which the subject application is to be considered; however, failure on the part of the applicant or representative to appear at a properly noticed public hearing may constitute grounds for a continuance of the hearing to a certain new date or closing of the public hearing with public re-notification required.
4. (4)
   Parties with Standing. Parties with standing shall be permitted to participate fully in the evidentiary hearing, including presenting evidence, cross-examining witnesses, objecting to evidence, and making legal arguments; may allow non-parties to present competent, material, and substantial evidence that is not repetitive. 
5. (5)
   Continuances. If a public hearing is continued for a given date and a quorum of the development review body is not then present at the continued hearing, the hearing shall be continued until the next regular meeting without further advertisement.

1. (1)
   Ability. ​​​​​​At a public meeting or hearing, an development review body may attach special conditions to any decision it is authorized to make in order to ensure that the intent of the UDO will be carried out.
2. (2)
   Requirements. Conditional approval requires that the specific conditions and the reasons be stated in writing and be agreed to by the applicant. Such conditions are binding upon the applicant.

1. (1)
   No Final Decision. Applications not decided upon at a public meeting or hearing may be subject to 156.90.03.K, Inactive or Expired Applications.  
2. (2)
   Final Decision. Applications decided upon at a public meeting or hearing may be subject to 156.90.03.J, Appeals of Legislative, Quasi-Judicial, and Subdivision Decisions.  

1. (1)
   Modification. An applicant may agree to modify an application, including the plans and specifications submitted, in response to questions or comments by persons appearing at a public meeting or hearing or to suggestions or recommendations by the development review body holding the meeting or hearing.
2. (2)
   No Further Action. Unless such modifications are so substantial that the development review body determines that it cannot reasonably be expected to perceive the nature and impact of the proposed changes without revised application materials, the development review body may make a recommendation or conditionally approve the application with the requirement that the formalized approval is not effective until the applicant submits materials reflecting the agreed upon changes to the Director. A development review body shall not accept any subsequent application and shall make no further approvals related to the subject property until the applicant submits the required modifications.
3. (3)
   Referral. Where deemed appropriate by the final decision making body, modifications may be referred back to the recommending body for review, prior to further consideration.

1. (1)
   Director Review and Approval. An approved but unrecorded Final Plat that is found to contain an insignificant error, including, but not limited to, scriveners errors or typographical errors, may be corrected by the applicant, upon approval by the Director. 
2. (2)
   Development Review Committee Review and Director Approval. The Director may approve other minor corrections to an approved but unrecorded Final Plat, including, but not limited to, the addition, deletion or relocation of easements, after review by the Development Review Committee. 

1. (1)
   Generally. Any party aggrieved by or alleging error in a final decision of an administrative official on a matter addressed in this UDO may submit an appeal to the Administrator for a decision by the Board of Adjustment in accordance with Section 156.110.03, Appeal of Administrative Decision. 
2. (2)
   Stays. An appeal of a notice of violation stays enforcement of the action appealed from and accrual of any fines assessed during the pendency of the appeal to the Board of Adjustment and any subsequent appeal to a court of competent jurisdiction, unless the administrative official who made the decision certifies in an affidavit to the Board of Adjustment that, because of the facts of the decision, a stay would cause imminent peril to life or property or, because the violation is transitory in nature, a stay would seriously interfere with enforcement of the development regulation. In that case, enforcement proceedings are not stayed except by a restraining order, which may be granted by a court of competent jurisdiction. If enforcement proceedings are not stayed, the appellant may file with the official a request for an expedited hearing of the appeal, and the Board of Adjustment shall meet to hear the appeal within 15 days after the request is filed.

1. (1)
   Satisfaction of Condition. The applicant fails to satisfy any condition that was imposed as part of the original or revised approval of the application, or that was made pursuant to the terms of any development agreement, including the failure to abide by specified time limits established in the agreement; or
2. (2)
   Subsequent Required Applications. The applicant fails to present a subsequent development application as required by this UDO within the time so required by this UDO or North Carolina law. 

1. (1)
   Final Action Date. Each time period referenced in Section 156.90, Administrative Procedures, shall run from the date of the final action of the applicable development review body. 
2. (2)
   Failure to Provide Date. In order to assure that all applicants for actions, approvals, or permits are informed of the applicable time limit, the date of final action and the expiration date shall be shown on each such action, permit or approval. However, failure of the Director to include either the date of final action or the expiration date shall not be deemed to be a waiver of such dates nor shall it be the basis of any action by the applicant to challenge the applicable expiration date. The burden is on the applicant to know the date of issuance and the expiration date. If either or both of such dates are not shown, the applicant may request, and the Director shall promptly supply such date or dates.

1. (1)
   Generally. All actions, approvals, or permits shall expire on the expiration date unless a valid extension has been granted on or before the expiration date. 
2. (2)
   Original Extension. Unless otherwise prohibited by North Carolina State Statutes or this UDO, the Director may extend the time for expiration of an approved development review application for a period not to exceed one year from the date of the original decision granting approval, if the application for extension is made in writing within the original period of validity. Subsequent extensions may be made by the final approval body upon finding that conditions at the time of approval have not changed.
3. (3)
   Additional Extensions. 

   1. (a)
      There shall be no additional extensions by the Director of any time limits for a development review applications. Any extensions must be expressly requested by the applicant, in writing, and approved by the appropriate administrative official or legislative or quasi-judicial development review body which originally took the final action.
   2. (b)
      Before granting an extension, the Director or legislative or quasi-judicial development review body shall determine whether any applicable changes in this UDO have occurred which would impose new requirements with respect to such final action, if an extension were denied, and the applicant were compelled to re-file a new development review application. If changes have occurred, the Director or legislative or quasi-judicial development review body shall balance the burden imposed on the applicant if required to re-file a new application against the benefit accruing to the public by requiring the applicant to comply with the new regulation.
4. (4)
   Revocations.  The revocation of a development proposal shall follow the same process as the development approval as stated in N.C.G.D 160D-403(f).