Construction Plans.  Construction Plans shall be submitted and reviewed per the standards established in Section 156.90.03, Common Review Procedures.

Generally. When requested at the discretion of the Administrator during review of the Preliminary Plat for a Minor or Major Subdivision, the applicant shall have prepared, by a professional engineer, registered in the State of North Carolina, construction plans, consisting of complete construction drawings and specifications of all easements, streets, traffic control devices, street lights, sanitary sewers, storm water facilities, water system facilities, sidewalks and other improvements required by this UDO and any additional technical manuals as adopted by the City. Construction plans shall be submitted to the Planning Director or their designee for review and approval. All improvements required pursuant to these regulations shall be constructed in accordance with the applicable requirements of this UDO, and, where applicable, the requirements and authorization of the appropriate state agency, utility company, or local franchisee. 

Installations and Improvements. All installations of improvements shall conform to the approved construction plans. If the applicant chooses to make modifications in design and/or specifications prior to construction, such changes shall be subject to review and approval by the Planning Director or designee. It shall be the responsibility of the applicant to notify the Planning Director in advance of any changes to be made from the approved drawings. In the event that actual construction work deviates from that shown on the approved construction plans, such unapproved work shall constitute a violation of this UDO and shall be remedied in accordance with Section 156.150, Remedies. The applicant shall be required to correct the installed improvements to conform to the approved construction plans. In addition, the Planning Director may take such other actions as may be deemed appropriate including, but not limited to, revocation of permits already issued and/or withholding of future approvals and permits until the violation is corrected.

As-Built Drawings.

1. (1)
   Timing. Prior to final inspection of the required improvements, the applicant shall submit to the Planning Director one electronic version (ESRI or CAD) and two prints of as-built engineering drawings for each of the required improvements that have been completed. Each set of drawings shall be re-certified by the applicant's engineer indicating the date when the as-built survey was made.
2. (2)
   Contents.

   1. (a)
      ​​​​​​As-built drawings shall show the constructed vertical elevation, horizontal location, and size of all sanitary and storm sewers, manholes, inlets, junction boxes, detention basins, and other appurtenances or elements of the sewerage and storm drainage systems constructed to serve the subdivision.  
   2. (b)
      As-built drawings shall depict water lines, valves, fire hydrants, and other appurtenances or elements of the water distribution system constructed to serve the project. Such information shall include the horizontal location and size of water lines and location and description of valves with dimensional ties.
   3. (c)
      As-built drawings shall depict the location of all street rights-of-way, alignments, widths, and vertical elevations.
   4. (d)
      As-built drawings shall show all control points and monumentation.
3. (3)
   Sedimentation Control Standards. In conjunction with the submittal of engineering plans and specifications, the subdivider shall be required to demonstrate compliance with the Sedimentation Control Standards of the overall area proposed to be developed. The subdivider shall cause all grading, excavations, open cutting, and similar land surface disturbances to be mulched, seeded, sodded, or otherwise protected to ensure compliance with the County’s Sedimentation Control Standards. No work shall be initiated relative to the preparation of land or the installation of general improvements until such time as all aspects of the subdivider's engineering plans and sedimentation control proposals have received approval.

Generally.  No land shall be used or occupied and no building hereafter structurally altered, erected, or moved, shall be used, or its use changed until an Administrative Permit shall have been issued by the Planning Director stating that the building and/or the proposed use thereof complies with the provisions of this UDO.

Building Permit Issuance. No Building Permit shall be issued and no building shall be occupied until  a Zoning Permit is approved. A record of all permits shall be kept on file in the office of the Planning Director and copies shall be furnished, on request, to any persons having a proprietary or tenancy interest in the building erected.

Survey or Plat Required.  In order to establish compliance with this UDO, a survey or plat may be required if compliance cannot be determined by existing records.

Zoning Permit Not Required. Notwithstanding any other provisions of this Ordinance, no zoning permit is necessary for the following uses:

1. (1)
   Street construction or repair;
2. (2)
   Electric power, telephone, telegraph, cable television, gas, water and sewer lines, wires or pipes, together with supporting poles or structures, located within a public right-of-way;
3. (3)
   Specific signs exempted in Section 156.60.03.B of this Ordinance;
4. (4)
   Mailboxes, newspaper boxes, birdhouses, flag poles, pump covers and doghouses;
5. (5)
   Interior alterations and renovations which do not alter the footprint, elevation, height, or use of an otherwise conforming use and/or structure; and
6. (6)
   Fences and walls that meet the requirements of Section 156.30.06. 

Applicability. No person, firm, or corporation shall remove, alter, or construct any curb, driveway approach, gutter, pavement, or perform any other improvement in any public street or other property owned by or dedicated to the City without first obtaining a Driveway Permit authorizing such improvements as follows:  

1. (1)
   When Required. A driveway permit is required prior to the issuance of a Building Permit for new construction, additions, or changes in use.
2. (2)
   Existing Driveways. Existing driveways shall not be altered within the right-of-way until a Driveway Permit is obtained. The maintenance of driveways located in or on the right-of-way shall be the responsibility of the property owner.
3. (3)
   Failure to Obtain. Failure to secure a required Driveway Permit, failure to construct the driveway to City standards, or failure to correct or remove existing nonconforming driveway approaches is a violation of this UDO.

Submittal.  Driveway Permits shall be submitted and reviewed per the standards established in Section 156.90.03, Common Review Procedures.

Exemptions.

1. (1)
   Minor Variations. In unusual circumstances minor variations of the minimum requirements may be permitted, based on sound traffic engineering principles, after an engineering investigation by the Public Works Director.  No variation in the number and/or width of driveways shall be permitted. 
2. (2)
   Detached Single-Family.  Driveway permits for new detached, single-family residential construction are not required, however they must meet the standards of this ordinance. For existing single family residential development, modifications to the driveways will require a driveway permit.

Specific Review Criteria. In determining whether to approve, approve with conditions, or deny a Zoning Clearance, the applicable review bodies shall consider the provisions of Section 156.90.03.F, Common Decision Criteria.

Effect. Approval of a Driveway Permit shall authorize the applicant to proceed with constructing the drive.

Inspections.  Once the permit is duly issued, the supervisor on the driveway construction site shall keep the permit available for on-the-job inspection by authorized personnel of the City.  The applicant shall request an inspection by the Public Works Director 24 hours in advance of any concrete pouring. The Public Works Director shall have the authority to require the immediate stoppage of work not performed under the requirements of this article.  In the event of failure to comply with the provisions of this article or the term of the permit or in the case of faulty workmanship or materials, the City may remove the non-complying driveway at the property owner’s expense.

On-Site Water or Wastewater Facility Permit.  Permits shall be submitted and reviewed per the standards established in Section 156.90.03, Common Review Procedures.

Lot Size Requirements.  The lot sizes required for the various Districts in this Ordinance were drawn based upon the assumption that adequate water supply and sewage disposal systems are available to each and every lot. The lack of adequate systems for one or both facilities may require larger lot areas or, in some instances, because of Health Department standards, not permit development as intended.

Applicability. Permanent signs, as shown in Section 156.60.03B, as well as murals shown in Section 156.60.03D, shall be erected, substantially modified, placed, painted, installed, or made visible on private property only after the issuance of a sign permit issued by the Planning Department. 

Submittal.  Sign permit applications shall be submitted and reviewed per the standards established in Section 156.90.03, Common Review Procedures, and 156.60.03, Signs. 

Exemptions. A Sign permit is not required for the following:

1. (1)
   Maintenance. Routine maintenance that does not change the area, location, or height of a sign, as shown in 156.40.01, Measurements, and 
2. (2)
   Temporary Signs. Signs established in Section 156.60.03C, Temporary Signs, with the exception of campaign signs, which do require permitting.

Applicability. Temporary uses, as established in Section 156.30.07, Temporary Use and Structure Standards, shall be established only after the issuance of a Temporary Use Permit. 

Submittal.  Temporary Use Permits shall be submitted and reviewed per the standards established in Section 156.90.03, Common Review Procedures.

Specific Review Criteria. In determining whether to approve, approve with conditions, or deny a Temporary Use Permit, the applicable review bodies shall consider the above provisions. 

Effect. Approval of a Temporary Use Permit shall authorize the applicant to establish the temporary use permitted.

Compliance. Following the issuance of the temporary use permit, the Planning Director shall ensure that establishment and discontinuance of the temporary use are undertaken in compliance with the permit.

Fee Waiver. The Planning Director may waive the Temporary Use Permit fee in the case of damage as a result of fire, storm, flood, or other disaster events.

Applicability. It shall be unlawful to use, occupy, connect or provide utilities to, or permit the use or occupancy of any building or land created, erected, changed, converted, altered or enlarged in its use or structure without a Certificate of Occupancy and Compliance.  

Submittal. For new construction projects, an approved Site Plan as submitted for application for a Zoning Clearance shall be used. If the application for a Certificate of Occupancy and Compliance does not involve new exterior construction, a plot plan showing all exterior improvements, as required by this UDO, shall be filed for review.

Individual Tenants. Individual tenants desiring to occupy lease space within an existing commercial or mixed-use development with multiple tenants shall be required to obtain a Certificate of Occupancy and Compliance. However, individual tenants shall not be required to upgrade any existing nonconforming site improvements to conform to the standards of this UDO. New construction is not exempted from meeting the design standards of this UDO.

Specific Review Criteria. In determining whether to approve, approve with conditions, or deny a Certificate of Occupancy and Compliance, the applicable review bodies shall consider the provisions of this UDO.

Performance Guarantee.

1. (1)
   Information. The applicant may submit a performance guarantee to the Planning Director when an application for a Certificate of Occupancy and Compliance cannot be approved because certain required improvements cannot be completed or installed due to adverse weather conditions or other reasonable factors. The applicant shall submit to the Planning Director the following information:

   1. (a)
      A specific description of the factor(s) hindering completion or installation of the improvement(s); and
   2. (b)
      A written estimate from a licensed contractor of the cost of materials and labor for completing the work.
2. (2)
   Form. The Planning Director shall then determine if the submission of a performance guarantee is appropriate and if the estimate is acceptable. The performance guarantee may be submitted in the form of a certified check, cashier’s check, bond, or letter of credit on approved forms and shall be in the amount of 150 percent of the estimate. The performance guarantee shall be released after the improvements, as guaranteed, inspected by the Planning Director and determined to be in full compliance with the approved plan.

Temporary Certificate of Compliance and Occupancy. The Planning Director may issue a Temporary Certificate of Occupancy and Compliance for a period not to exceed six months to allow for partial occupancy of a structure or land in order to complete construction or alteration as permitted. A Temporary Certificate of Occupancy and Compliance may also be issued for a period not to exceed six months to allow for utilities to be connected to an unoccupied structure for rent and/or sale. It shall be unlawful to permanently occupy any portion of a newly constructed or altered building or structure, or to allow a change of use to occur unless a Certificate of Occupancy and Compliance has been granted. The procedures for issuance of a temporary certificate of occupancy shall be in the same manner as set forth for in this Section.

Effect. Approval of a Certificate of Occupancy and Compliance shall authorize the applicant to occupy the structure or land.

Applicability. A Certificate of Nonconformity Adjustment shall be required to enlarge, expand, or otherwise alter any Nonconforming Use or Structure as set forth in Section 156.130, Nonconformities.

Submittal. An applicant for a Certificate of Nonconformity Adjustment shall submit a detailed plan of the existing site, showing the degree of Nonconformity with respect to the dimensional and design regulations of this UDO. In the case of a Nonconforming Use, the application shall include a detailed explanation of the current use including documentation of traffic generated by the current use.

Notification of Neighboring Landowners. All landowners adjoining to any degree (including lying across roadways) the site of the nonconformity shall receive notification of the filing of the request for a Certificate of Nonconformity Adjustment and given an opportunity, should they desire, to comment on the nonconformity within seven days of the date of filing.

Specific Review Criteria. In determining whether to approve, approve with conditions, or deny a Certificate of Nonconforming Adjustment, the applicable review bodies shall consider the following:

1. (1)
   Noise. The nonconformity does not create noise above and beyond levels considered normal to the area;
2. (2)
   Traffic. The nonconformity does not generate or have the potential to generate a significantly higher volume of traffic than surrounding land use;
3. (3)
   Other Measurable Physical Effects. The nonconformity does not generate any other negative effects including but not limited to: dust, air pollution, and foul smell;
4. (4)
   Surrounding Property Values. The nonconformity does not detract from the prevailing property values; and
5. (5)
   Aesthetics. The nonconformity does not detract from the overall aesthetic character of the area.

Changes to the Nonconformity. The Planning Director shall determine what the nonconformity operator/owner must do to the property for certification. For example, landscaping or fencing may be required or a shift of operations away from adjoining properties may be stipulated.

Denial by Planning Director. If the Planning Director, after an analysis of the facts of the situation, finds the nonconformity cannot be adjusted, it shall be subject to the provisions of Section 156.130, Nonconformities.

Inspection. The Planning Director may issue a Certificate of Nonconformity Adjustment with or without conditions. Those with conditions shall be issued after a visual inspection of the subject property or structure by the Planning Director.

Effect. Approval of a Certificate of Nonconformity Adjustment shall render the subject property or structure conforming in regard to the development standards that are the subject of the Certificate.

Applicability. A person may request, in writing, a Written Interpretation of the a term, provision, or requirement of this UDO if the person finds that a term, provision, or requirement of this UDO is not obvious. 

Submittal. Written Interpretation requests shall be submitted and reviewed per the standards established in Section 156.90.03, Common Review Procedures.

Specific Review Criteria. In determining whether to approve, approve with conditions, or deny a Sign Permit, the applicable review bodies shall consider the following:

1. (1)
   The materials or scenario posed by the applicant;
2. (2)
   The plain and ordinary meaning of the terms that are subject to the application for an interpretation as set out in a dictionary of common usage; 
3. (3)
   The provisions of Section 156.160, Word Usage;
4. (4)
   The purpose statement for the UDO Chapter, Section, or Subsection that is subject to interpretation;
5. (5)
   Any provision of this UDO, the Comprehensive Plan, NCGS, or Federal law that are related to the same subject matter;
6. (6)
   Any technical meanings of words used in the provision subject to interpretation;
7. (7)
   Other interpretations rendered by the Planning Director associated with the same or related provisions of this UDO;
8. (8)
   The legislative history of the provision subject to interpretation; or
9. (9)
   Sources outside of this UDO that provide additional information on the provision in question, such as technical or professional literature.

No Legal Advice. No written interpretation shall be construed as legal advice.

Final Decision. For purposes of appeal, a Written Interpretation is deemed a final decision. 

Effect. The Planning Director may keep records of interpretations made pursuant to this Section, which he or she may periodically present to the Planning and Zoning Board and City Council in accordance with Section 156.100.16, UDO Text Amendment.  

Applicability. An applicant may apply for approval of a Minor Modification of an Approved Application to allow insignificant changes to an approved application that has not yet received a Certificate of Occupancy, without requiring the application to go through the entire review process again. 

Submittal. Minor Modification of an Approved Applications shall be submitted and reviewed per the standards established in Section 156.90.03, Common Review Procedures.

Specific Review Criteria. In determining whether to approve, approve with conditions, or deny, the applicable review bodies shall consider the following:

1. (1)
   Location of Dwellings. A change in the location of the dwelling units does not exceed 10 percent;
2. (2)
   Gross Floor Area (GFA). An addition to a structure does not exceed 10 percent of the previously approved total GFA of the structure;
3. (3)
   Location of Streets. A change in the location of any part of proposed street alignment and lot configuration does not exceed 10 percent of the gross acreage.

Condition of Approval. The proposal does not violate a condition of approval for the original application.

Other Modifications. All other modifications that do not meet the Specific Review Criteria in Subsection B., above, shall require submittal of a new application. 

Applicability. A UDO Text Amendment officially changes the text of this UDO.  

Submittal. UDO text amendments shall be submitted and reviewed per the standards established in Section 156.90.03, Common Review Procedures.

Specific Review Criteria. In determining whether to approve, approve with modifications, or deny a UDO Text Amendment, the review bodies shall consider the applicable common decision criteria together with the following:

1. (1)
   Errors. The amendment is necessary to correct an error or inconsistency in the UDO; or
2. (2)
   Changing Condition. The amendment is necessary to meet the challenge of a changing condition that was not anticipated in the Comprehensive Plan.  

Subsequent Applications. In the event that an application for a UDO Text Amendment is denied by the City Council or that application withdrawn after the hearing, the Director shall refuse to accept another application for the same amendment within six months of the original hearing. However, this Section shall not limit the powers of the City Council and/or Planning and Zoning Board to initiate a UDO Text Amendment.

No Retroactive Cure of Violations. The amendment of the text of this UDO may transform a legally nonconforming situation into a conforming one. However, no text amendment shall be proposed for the sole purpose of curing a violation of any part of this UDO.

Limitations of UDO Text Amendment.  The approval of a UDO Text Amendment does not authorize any development activity.

Statement of Consistency and Reasonableness. The Planning and Zoning Board must make a statement of consistency to any request to state if the action is in alignment with the Comprehensive Plan. 

Applicability. A Zoning Map Amendment changes the zoning district of a property on the Official Zoning Map from one district to another. 

Submittal. Zoning Map Amendment Applications shall be submitted and reviewed per the standards established in Section 156.90.03, Common Review Procedures.

Required Planning and Zoning Board Review.  All zoning amendments must be reviewed by the Planning and Zoning Board prior to City Council reviewing and taking action. 

Specific Review Criteria. In determining whether to approve, approve with conditions, or deny a Zoning Map Amendment, the review bodies shall consider the applicable common decision criteria together with the following: 

1. (1)
   Whether:

   1. (a)
      The proposed rezoning is compatible with the surrounding area, or the adopted Comprehensive Plan;
   2. (b)
      There will be adverse effects on the capacity or safety of the portion of street network influenced by the Zoning Map Amendment;
   3. (c)
      Parking problems; or
   4. (d)
      Environmental impacts that the new use will generate such as excessive storm water runoff, water, air or noise pollution, excessive nighttime lighting, or other nuisances.
2. (2)
   Any change of character in the area due to installation of public facilities, other Zoning Map Amendments, new growth trends, deterioration, and development;

   1. (a)
      The zoning districts and existing land uses of the surrounding properties;
   2. (b)
      Whether the subject property is suitable for the uses to which it has been restricted under the existing zoning district;
   3. (c)
      Whether subject property has sufficient dimensions to accommodate reasonable development that complies with the requirements of this UDO, including parking and buffering requirements;
   4. (d)
      Whether the Zoning Map Amendment is compatible with the adjacent neighborhood, especially residential neighborhood stability and character;
   5. (e)
      The length of time the subject property has remained vacant as zoned.
3. (3)
   Whether there is an adequate supply of land available in the subject area and the surrounding community to accommodate the zoning and community needs; and
4. (4)
   Whether the existing zoning was in error at the time of adoption.

Notice Requirements.  In addition to the standards established in Section 156.90.03.G, Public Notice, mailed notice shall be sent to all abutting properties even if separated by a street, railroad, or other transportation corridor.   The posted notice shall also be placed during the time period running from twenty-five days prior to the hearing until ten days prior to the hearing according to G.S. 160D-602(c).

Timing of City Council Hearing. After the Planning and Zoning Board makes a recommendation, the City Council shall hold a hearing in no more than sixty days from the date of the Planning and Zoning Board meeting and decide to approve or deny the Zoning Map Amendment. Comments by the Planning and Zoning Board that a proposed amendment is inconsistent with the Comprehensive Plan shall not preclude the City Council from considering or approving any proposed amendment.

Limitations of Map Amendment.  The approval of a Zoning Map Amendment does not authorize any development activity.

Extraterritorial Jurisdiction (ETJ). If the Zoning Map Amendment is being proposed in conjunction with an expansion of the City's ETJ under NCGS §160D-202, a single hearing on the Zoning Map Amendment and the ETJ boundary amendment may be held. In this instance, the initial notice of the Zoning Map Amendment hearing may be combined with the boundary hearing notice and the combined hearing notice mailed at least 30 days prior to the hearing.

Optional Notice for Large-Scale Zoning Map Amendments. The first-class mail notice required in Section 156.90.03.G, Public Notice, is not required if the Zoning Map Amendment proposes to change the zoning district of more than 50 properties, owned by at least 50 different property owners, and the City elects to use the expanded published notice provided for in this subsection. In this instance, the City may instead elect to publish notice of the hearing as required by NCGS §160D-601, provided that each advertisement shall not be less than one-half of a newspaper page in size. The advertisement is effective only for property owners who reside in the area of general circulation of the newspaper that publishes the notice. Property owners who reside outside of the newspaper circulation area, according to the address listed on the most recent property tax listing for the affected property, shall be notified according to the first-class mail requirements of provisions of Section 156.90.03.G, Public Notice.

Third-Party Downzonings.  Third-party private entity downzoning requests are prohibited by this UDO.