6-1.1   GENERAL RESPONSIBILITIES

The Director of Planning and the Planning Board are responsible for making recommendations to the Elected Body regarding zoning and land use matters as required by this Ordinance. The Zoning Officer shall enforce and administer the regulations of this Ordinance, under the general direction of the manager of the adopting jurisdiction, and shall serve as secretary to the Board of Adjustment. The Board of Adjustment or the Zoning Officer may seek needed legal advice of the attorney for the adopting jurisdiction.

6-1.2   ZONING OFFICER

To ensure compliance with the provisions of this Ordinance, the Zoning Officer shall:

(A)

Issue Permits .....Issue the following documents:

(1)

Zoning Permit

(a)

When Required. .....A zoning permit shall be obtained from the Zoning Officer prior to the following:

(i)

Building or Structure. .....The construction, reconstruction, erection, enlargement, relocation, or structural alteration of any building or structure or part thereof, including any principal use permitted in Table B.2.6, Section B.2-6, Section B.3-2, or any other use or improvement which requires a permit.

(ii)

Change of Use. .....Any change of use of any building or land.

(b)

Application. .....An application for a zoning permit shall be made to the Zoning Officer by the owner or his authorized agent and shall include a statement as to the intended use of the building or land. Any such application shall be accompanied by a plan so dimensioned or annotated as to show the proposed building and existing buildings, if any, in exact relation to lot lines. The water supply and sewage disposal methods of the proposed development shall have prior approval in compliance with Section B.3-10.

(c)

Building Permit Serves as Zoning Permit. .....A building permit issued in accordance with the State Building Code shall serve also as a zoning permit, and in such cases the cost of the building permit shall be the only fee charged. A minimum fee as specified in Section B.8 shall be charged for any zoning permit issued that does not require a building permit.

(d)

Posting. .....Any person performing the work covered by a zoning permit shall post said permit on the premises before the work begins and shall keep such permit posted on the premises until the certificate of occupancy for the premises is issued. Any time limitation relating to appeals from the issuance of a building permit shall run from the date the building permit is posted on the premises. The party to whom the building permit is issued shall be furnished a copy of the permit on which such person may certify as to the date of the posting of the permit, and return such certificate to the Zoning Officer. The date certified to the Zoning Officer as the date of posting shall be the date from which any time limitations regarding appeals shall run. If the recipient of the permit does not return the certificate of posting to the Zoning Officer, there shall be a rebuttable presumption that the permit was not posted as required by this section.

(e)

Action Within One Year. .....No zoning permit shall be valid unless acted upon within one year of issuance or renewed after written application.

(f)

Revocability. .....Any permit or document issued by the Zoning Officer shall be revocable should any of the conditions under which it is issued not be complied with.

(2)

Certificate of Occupancy. .....A certificate of occupancy shall be issued by the Zoning Officer upon approval of any building or other structure, or approval of other preparations for site occupancy, if the requirements of this Ordinance and other applicable laws or codes are complied with. Occupancy of such building or site prior to the issuance of the certificate of occupancy is a violation subject to the provisions of Section B.9.

(a)

Application. .....No application for a zoning permit shall be deemed acceptable unless accompanied by an application for a certificate of occupancy. Both applications shall include a statement of the intended use of the building or land.

(b)

Phase of Construction. .....As each phase of construction, if any, is completed and inspected, the appropriate inspector shall so certify on the application for certificate of occupancy.

(3)

Permits Requiring Site Plan Review by the Planning Board. .....Whenever the Planning Board approves a use requiring site plan review pursuant to Section B.6-1.3, the Zoning Officer shall issue any necessary building permit and certificate of occupancy in accordance with the terms of such approval. All other conditions are to be met prior to the issuance of building permits, certificates of occupancy, or other period of time as determined by the Zoning Officer.

(4)

Special Use Permits, Variances, and Conditional District Zoning. .....Whenever the authorized board approves an application for a special use permit or a variance pursuant to Section B.6-1.4 or B.6-1.5, or as a conditional district zoning pursuant to Section B.6-2.2, the Zoning Officer shall obtain the applicant's/landowner's written consent to conditions related to a special use permit, and shall issue any necessary building permit and certificate of occupancy in accordance with the terms of such approval. All other conditions are to be met prior to the issuance of building permits, certificates of occupancy, or other period of time as determined by the Zoning Officer.

(5)

Temporary Use Permits. .....Temporary use permits shall be issued or renewed by the Zoning Officer in compliance with Section B.2-7, provided that such permits are issued only upon written agreement by the owner to remove the structures or uses upon expiration of the permit.

(a)

Application. .....All applications for temporary use permits shall be made to the Zoning Officer by the owner or his authorized agent;

(b)

Requirements. .....Before the issuance of a temporary use permit, the Zoning Officer shall determine that all other pertinent regulations which may apply to such proposed use are complied with.

(6)

Certificate of Appropriateness. .....Whenever the Historic District Commission issues a certificate of appropriateness as required in the H and HO Districts, the Zoning Officer shall issue any necessary building permit and certificate of occupancy in accordance with the terms of such approval.

(B)

Maintain Records .....Make and maintain records of all applications for permits submitted to the Zoning Officer, and records of all permits and plans submitted, which shall be available for inspection at reasonable times by any interested person.

(C)

Inspect and Enforce .....Conduct inspections of premises and take other lawful action to obtain compliance with the provisions of this Ordinance as authorized in Section B.9.

(UDO L-164, § 2, 7-8-21)

6-1.3   PLANNING BOARD

(A)

Site Plan Review .....The Planning Board shall review all requests for permits requiring site plan review, as designated in Table B.2.6 to assure that the Use Conditions (Section B.2-5) and other provisions of this Ordinance are met.

(1)

Approval and Conditions. .....The Planning Board shall approve any requests for permits which meet all the requirements of this Ordinance, and deny any such requests which do not meet all the requirements of this Ordinance. The Planning Board may, as part of its approval, require the following conditions to reduce impacts associated with the project:

(a)

Public right-of-way dedication to meet projected needs for roads shown on the Transportation Plan, or for other roads as determined by the Town of Lewisville, or North Carolina Department of Transportation.

(b)

Road and/or sidewalk improvements as recommended by the Town of Lewisville, or North Carolina Department of Transportation.

(c)

Access control, including the location, number, and dimensions of driveways; and combining driveways with and providing connections to adjacent properties, as recommended by Planning Staff or other appropriate agencies.

(d)

Reorientation of parking areas or building access to insure on-site traffic flow and pedestrian safety.

(e)

Dedication or granting of easements for greenways identified on the adopted Greenway Plan.

(f)

Screening and location of dumpsters, loading areas, on-site utilities, or other visually obtrusive features as determined by the Planning Board.

(g)

Space for public transit vehicle maneuvering and/or public transit shelter if determined necessary by the Winston-Salem Transit Authority.

(h)

Stormwater management plans as recommended by Planning Staff and appropriate agencies.

(i)

Location and screening of improvements or activities which may generate substantial noise.

(j)

Compliance with recommendations of the Town of Lewisville, or State of North Carolina or other governmental departments reviewing the projects.

(k)

Compliance with all applicable conditions previously approved for the property in question.

(2)

Conditional District Zoning. .....No separate site plan review by the Planning Board is required for a use which is permitted as a part of a conditional district zoning adopted by the Elected Body and which meets the requirements of this Ordinance.

(3)

Staff Changes. .....The Planning Board may, by resolution, allow the Planning Staff to grant staff changes to site plans and conditions after the site plans and conditions have been approved by the Planning Board. Such resolution shall include authority for staff to make changes as consistent with law and the intent of the original site plan or conditions.

(B)

Special Use Permits Approved by the Board of Adjustment or the Elected Body .....The Planning Board shall review and make recommendations concerning the site plans submitted in conjunction with requests for special use permits issued by the Board of Adjustment or the Elected Body in accordance with Section B.6, unless the applications are otherwise exempted in Section B.6-1.4(A)(2).

(C)

Amendments to the Zoning Ordinance and the Official Zoning Maps .....The Planning Board shall review all requests for amendments to the Zoning Ordinance and the Official Zoning Maps and make recommendations to the Elected Body, in accordance with Section B.6-2.

(D)

Application Procedures .....Application and fees for all permits requiring review by the Planning Board shall meet the application submittal procedures, requirements, and fee schedule of Sections B.7 and B.8.

6-1.4   BOARD OF ADJUSTMENT

(A)

Special Use Permits Authorized by the Board of Adjustment

(1)

Board of Adjustment Review. .....The Board of Adjustment shall review all requests for permits as designated in Table B.2.6 and Section B.2-5.

(2)

Planning Board Report. .....Applications for special use permits may be approved by the Board of Adjustment after such board receives a report from the Planning Board and holds a duly advertised public hearing in each case, except that the Planning Board shall not be required to review and report on applications for:

(a)

Riding Stables;

(b)

Kennels;

(c)

Shooting Ranges;

(d)

Manufactured Homes Not in Manufactured Housing Developments;

(e)

Expansion or Conversion of a Nonconforming Use;

(f)

Accessory Uses;

(g)

Accessory Structures; or,

(h)

Parking reductions for churches.

The Planning Board shall submit its report in writing to the Zoning Officer not more than sixty (60) days after receipt of the application in accordance with established review procedures. In reviewing the request, the Planning Board shall review the application to assure compliance with all provisions of this Ordinance. The Planning Board report shall make a finding that the application as submitted either complies with the Ordinance, complies with recommended conditions, or does not comply with the Ordinance. If the Planning Board recommends conditions, the Planning Board shall have the authority to recommend conditions as identified in Section B.6-1.3(A)(1) to reduce impacts associated with the project.

(3)

Required Findings. .....The Board of Adjustment shall issue a special use permit only when the Board of Adjustment makes an affirmative finding as follows:

(a)

That the use will not materially endanger the public health or safety if located where proposed and developed according to the application and plan as submitted and approved;

(b)

That the use meets all required conditions and specifications;

(c)

That the use will not substantially injure the value of adjoining or abutting property, or that the use is a public necessity; and,

(d)

That the location and character of the use, if developed according to the application and plan submitted and approved, will be in harmony with the area in which it is to be located and in general conformity with Legacy.

Except with regard to the conversion of nonconforming uses in Section B.5-2, no provision of this Ordinance shall be interpreted as conferring upon the Board of Adjustment the authority to approve an application for a special use permit for any use unless authorized in Table 2.6. In approving an application for the issuance of a special use permit, the Board of Adjustment may impose additional reasonable and appropriate conditions and safeguards to protect the public health and safety, and the value of neighboring properties, and the health and safety of neighboring residents. If the Board of Adjustment denies the application for the issuance of a special use permit, it shall enter the reasons for denial in the minutes of the meeting at which the action was taken.

The applicant/landowner must provide written consent to the conditions related to the special use permit.

(4)

Extension of Permit. .....A letter requesting an extension of time and indicating the reason for such request, submitted prior to the termination date and duly approved by the Board of Adjustment, shall extend the validity of such permit for a period of six (6) months. No other extension of time shall be granted.

(5)

Review of Request for Extension. .....In considering such extension, the Board of Adjustment may make such changes in the conditions under which the permit was granted as may be indicated by any new information relating to the property or to the use proposed thereon, provided the extension or changes still comply with the affirmative finding set forth above.

(6)

Special Use District Zoning. .....No separate special use permit is required for a use which is permitted as a part of a special use district zoning adopted by the Elected Body and which meets the requirements of this Ordinance.

(B)

Variances

(1)

Authority. .....No provision of this Ordinance shall be interpreted as conferring upon the Board of Adjustment the authority to approve an application for a variance of the conditions of a permitted use except with respect to the specific waiving of requirements as to:

(a)

Lot dimensions, lot areas, setbacks or yards, height, or impervious surface cover requirements;

(b)

Floodplain reconstruction as specified in Section C.2-3.1;

(c)

Vehicular use landscaping requirements as specified in Section B.3-4;

(d)

Bufferyard requirements as specified in Section B.3-5;

(e)

Setback and landscaping requirements of the TO District as specified in Section B.2-1.6(B).

(f)

Width of private access easements where such easement is for single family residential uses and where said private access easement was established prior to April 17, 1978;

(g)

Off-street parking and loading as specified in Section B.3-3; and,

(h)

Delay of building permits within designated Transportation Plan corridors as specified in Section B.3-7.1.

(2)

Limitations. .....The Board of Adjustment shall not grant a variance to permit a use not permitted in the applicable zoning district, nor shall it grant a variance for a site plan feature or condition adopted in conjunction with a special use district zoning.

(3)

Public Hearing. .....Applications for variances may be approved by the Board of Adjustment after such Board of Adjustment holds a duly advertised public hearing in each case.

(4)

Difficulty or Hardship. .....Said application for a variance may be approved only upon a finding of practical difficulty or unnecessary hardship in meeting the dimensional requirements of this Ordinance, which difficulties arise from the recorded platting or deeding of land prior to the adoption of this Ordinance, or from any act of a public agency, or from natural conditions beyond the control of the property owner. The Board of Adjustment shall have the power to vary or modify such dimensional requirements.

(5)

Findings. .....The Board of Adjustment shall approve of a variance only when the Board of Adjustment makes an affirmative finding as follows:

(a)

Unnecessary hardship would result from the strict application of the regulation. It is not necessary to demonstrate that, in the absence of the variance, no reasonable use can be made of the property.

(b)

The hardship results from conditions that are peculiar to the property, such as location, size, or topography. Hardships resulting from personal circumstances, as well as hardships resulting from conditions that are common to the neighborhood or the general public, may not be the basis for granting a variance. A variance may be granted when necessary and appropriate to make a reasonable accommodation under the Federal Fair Housing Act for a person with a disability.

(c)

The hardship did not result from actions taken by the applicant or the property owner. The act of purchasing property with knowledge that circumstances exist that may justify the granting of a variance is not a self-created hardship.

(d)

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

(6)

Review of Applications. .....Any such variance shall observe the spirit and purpose of this Ordinance and shall be granted only with reference to conditions and circumstances peculiar to the property involved. In passing upon such requests the Board of Adjustment may specify additional reasonable and appropriate conditions and safeguards to protect the public health and safety, the value of neighboring properties and the health and safety of neighboring residents. If the Board of Adjustment denies the application for a variance, it shall enter the reasons for the denial in the minutes of the meeting at which the action was taken.

(C)

Procedure to be Used in Processing Special Use Permits and Variances Authorized by the Board of Adjustment

(1)

Application. .....Applications for special use permits or variances to be considered in any month by the Board of Adjustment shall be made by the property owner or the owner's authorized agent to the Zoning Officer not less than twenty (20) days prior to the established meeting date of that month. Each petition shall be accompanied by a fee as authorized in Section B.8.

(2)

Posting. .....The applicant shall post on the property a notice of public hearing at least ten (10) days prior to the date of the hearing before the Board of Adjustment. Such notice shall be of sufficient size to contain, and shall contain, heavy black lettering not less than three (3) inches high on a white background and shall be posted in a conspicuous place on the premises. Where such posting is not clearly visible from the nearest public right-of-way, a second directional sign which is clearly visible from the nearest public right-of-way shall be posted. A sign shall be provided by the Zoning Officer consistent with these requirements. Such sign structure shall be removed by the applicant within thirty (30) days after said public hearing.

(3)

Advertisement. .....The Board of Adjustment shall advertise a public hearing not less than ten (10) days in advance of such hearing, by a single insertion in a daily or weekly newspaper of general circulation in Lewisville.

(4)

Mailed Notices. .....In the event of petition for a special use permit request or variance request, letters shall be sent to all property owners within five hundred (500) feet from the parcel boundary for which the permit or variance is requested, in accordance with State Law.

(D)

Appeals and Interpretations

(1)

General. .....The Board of Adjustment shall hear and pass upon appeals from and shall review any disputed order, requirements, decision or determination made by the Zoning Officer. The Board of Adjustment shall also hear and pass upon all other matters upon which it is required to act under this Ordinance, including but not limited to, decisions of the Housing Conservation Administrator, the Watershed Administrator, the Erosion and Sedimentation Control Administrator, and the Subdivision Administrator. All matters that are considered under appeal by the Board of Adjustment shall follow all application procedures and pay all required fees prior to the appeal being accepted.

(2)

Board of Adjustment Authority. .....Upon appeal, the Board of Adjustment shall have the following powers:

(a)

To hear and decide appeals based on alleged error in any order, requirement or decision made by the Zoning Officer in the enforcement of this Ordinance;

(b)

To hear and decide requests for special exceptions or for the interpretation of the Official Zoning Maps or for decisions upon other special questions upon which the Board of Adjustment is authorized to pass.

(3)

Majority Vote Required. .....The concurring vote of a simple majority of the members of the Board of Adjustment shall be necessary to reverse any order requirement, decision, or interpretation of the Zoning Officer.

(4)

Conflict of Interest. .....A member of the Board of Adjustment shall not participate in or vote on any quasi-judicial matter in a manner that would violate affected persons' constitutional rights to an impartial decision maker. Impermissible violations of due process include, but are not limited to, a member having a fixed opinion prior to hearing the matter that is not susceptible to change, undisclosed ex parte communications, a close familial, business, or other associational relationship with an affected person or a financial interest in the outcome of the matter.

(UDO L-160, § 2, 11-14-19; UDO L-164, § 2, 7-8-21)

6-1.5   SPECIAL USE PERMITS AUTHORIZED BY THE ELECTED BODY

(A)

Elected Body Review .....The Elected Body shall review all requests for permits as designated in Table 2.6.

(B)

Public Hearing .....Applications for special use permits requiring approval by the Elected Body may be approved after the Elected Body receives a report and recommendation from the Planning Board and holds a duly advertised public hearing in each case.

(C)

Permit Issuance .....No zoning or building permit shall be issued until a special use permit for the requested use has been approved by the Elected Body acting on the recommendation of the Planning Board.

(D)

Planning Board Findings .....Findings of the Planning Board accompanying a favorable recommendation shall include:

(1)

The development is in conformity with Legacy;

(2)

Water and sewer service are available in adequate capacity;

(3)

Where buildings greater than thirty-five (35) feet in height are proposed within the Lewisville Town limits, there is adequate access for aerial fire-fighting equipment;

(4)

Streets and highways, both within and in the vicinity of the development, are of such design and traffic-carrying capacity that the development will not create a traffic hazard;

(5)

General layout and design of the development meet all requirements of this Ordinance;

(6)

Adequate, safe and convenient provision is made for vehicular and pedestrian movement on the site with particular attention paid to the needs of public safety equipment and personnel (fire, police, etc.) and service vehicles and personnel (sanitation, postal delivery, etc.);

(7)

The Planning Board may recommend to the Elected Body conditions as identified in Section B.6-1.3(A)(1) for the issuance of the special use permit to reduce impacts associated with the project.

(E)

Elected Body Decision .....The Elected Body shall consider the matter and the recommendations of the Planning Board and may:

(1)

Approve. .....Approve the application and direct issuance of the special use permit therefor;

(2)

Approve with Conditions. .....Approve the application with the conditions as recommended by the Planning Board or additional conditions as specified in Section B.6-1.3(A)(1) to assure that the site will be developed in a manner conducive to the public health, safety and welfare, and direct issuance of the special use permit; or,

(3)

Deny. .....Deny the application.

(4)

Majority Vote Required. .....No vote greater than a majority vote shall be required for the Elected Body to issue a special use permit. For the purposes of this section, vacant positions on the Elected Body and members who are absent or excused from voting on a special use permit shall not be considered members of the Elected Body for calculation of the requisite majority.

(5)

Conflict of Interest. .....A member of the Elected Body shall not participate in or vote on any quasi-judicial matter in a manner that would violate affected persons' constitutional rights to an impartial decision maker. Impermissible violations of due process include, but are not limited to, a member having a fixed opinion prior to hearing the matter that is not susceptible to change, undisclosed ex parte communications, a close familial, business, or other associational relationship with an affected person or a financial interest in the outcome of the matter.

(F)

Required Findings .....The Elected Body shall issue a special use permit only when the Elected Body makes an affirmative finding as follows:

(1)

That the use will not materially endanger the public health or safety if located where proposed and developed according to the application and plan as submitted and approved;

(2)

That the use meets all required conditions and specifications;

(3)

That the use will not substantially injure the value of adjoining or abutting property, or that the use is a public necessity; and,

(4)

That the location and character of the use, if developed according to the application and plan submitted and approved, will be in harmony with the area in which it is to be located and in general conformity with Legacy.

No provision of this Ordinance shall be interpreted as conferring upon the Elected Body the authority to approve an application for a special use permit for any use unless authorized in Table 2.6. In approving an application for the issuance of a special use permit, the Elected Body may impose additional conditions as identified in Section B.6-1.3(A)(1). If the Elected Body denies the application for the issuance of a special use permit, it shall enter the reasons for denial in the minutes of the meeting at which the action was taken.

(G)

Extension of Permit .....In considering any request for extension of the permit, the Planning Board may recommend and the Elected Body may, in the public interest, make such changes in the conditions under which the permit was granted as may be indicated by any new information relating to the property or to the use proposed.

(H)

Conditional District Zoning .....No separate special use permit is required for a use which is permitted as part of a conditional district zoning adopted by the Elected Body and which meets the requirements of this Ordinance.

(I)

Application Procedure for a Special Use Permit

(1)

Applications and Fees. .....Applications and fees for such special use permits shall be submitted to the Office of the Planning Board in accordance with the Planning Board review schedule and fees.

(2)

Notice. .....The Planning Board shall post on the property a notice of public meeting at least ten (10) days prior to the date of the meeting of the Planning Board. A sign is required on the property at a conspicuous location(s). Location(s) which are not conspicuous or require additional notification to the public, will be required to have directional sign(s) posted. Each sign(s) or each directional sign(s) will have a charge as determined by the Director of Planning. The signs are, and shall remain, the property of the governmental agency which provided them, and shall be prepared, posted and reclaimed by it.

(3)

Advertisement. .....The Elected Body shall duly advertise a public hearing.

(4)

Mailed Notices. .....In the event of petition for a special use permit request authorized by the Elected Body, letters shall be sent to all property owners within five hundred (500) feet from the parcel boundary for which the permit is requested, in accordance with State Law.

(UDO L-160, § 3, 11-14-19; UDO L-164, § 2, 7-8-21)

6-1.6   SUBMISSION OF WRITTEN COMMENTS

At least two (2) days before the Elected Body's proposed vote on a request for a special use permit, any resident or property owner in the local government's jurisdiction may submit a written statement to the clerk's office regarding the proposed special use permit. The clerk shall provide only the names and addresses of the individuals providing written comment to the Elected Body, and the provision of such names and addresses to all members of the Elected Body shall not disqualify any member of the Elected Body from voting.

(UDO L-164, § 2, 7-8-21)

6-2.1   GENERAL USE DISTRICTS

(A)

General Procedures .....Proposals to amend, supplement, change, modify, or repeal any of the regulations or the district boundaries established by this Ordinance, or hereafter established, may be initiated by the Elected Body, by the Planning Board, or by petition of any interested person.

(1)

Petition Submitted. .....A petition by an interested person to amend or change the regulations or district boundaries shall be submitted to the Elected Body through and reviewed by the Planning Board which shall consider its merit and make a recommendation to the Elected Body.

(2)

Public Hearing. .....In no case shall final action by the Elected Body be taken amending, changing, supplementing, modifying, or repealing the regulations established by this Ordinance, or changing the district boundaries hereby established until a public hearing has been held by the Elected Body at which parties in interest and citizens shall have an opportunity to be heard.

(3)

Notice. .....A notice of each public hearing shall be given once a week for two (2) successive calendar weeks in a newspaper of general circulation in the adopting jurisdiction, the first publication of said notice being not less than ten (10) days prior to the date fixed for the hearing.

(B)

No Referral to Use .....If the petitioner elects to petition for rezoning to any general use district, the petitioner may not refer, either in the petition or at any hearing related to the petition, to the use intended for the property if rezoning is granted.

(C)

Submittal to Planning Board .....The petition of any interested person to amend the district boundaries or regulations established by this Ordinance shall be submitted to the Elected Body through the office of the Planning Board. Petitions shall be considered by the Planning Board at its next regular monthly meeting, provided the petitions have been filed, complete in form and content, at least thirty (30) calendar days before the regularly scheduled meeting of the Planning Board; otherwise consideration may be deferred until the following monthly meeting.

(D)

Application and Fee .....Each petition shall be accompanied by a completed application form and a fee as specified by the Planning Board. Proposals to change the zoning of property to more than one new zoning district may be processed as a single application, including the application and fee requirements of this section, if all proposed zoning districts are contiguous and together constitute a unified development proposal. As part of any petition to amend a zoning classification, a current copy of the tax map shall be filed showing all parcels of land included in the petition and all parcels of land abutting those parcels included in the petition (including those properties directly across a street from those parcels included in the petition), with the name and address of each owner of each such parcel as certified by the Office of the Tax Assessor. For amendments to the zoning text, the sections of the Ordinance to be amended and the new or revised language of the Ordinance proposed shall be submitted.

(E)

Waiver of Fees .....The fee for a text amendment submitted by a private individual which, in the opinion of the Director of Planning, is of public benefit, would introduce a beneficial change in the Zoning Ordinance with application throughout the jurisdiction, and is not designed primarily to benefit a single property or specific situation, may be waived by the Planning Board upon recommendation of the Director of Planning. Said waiver must be approved prior to formal consideration of the text amendment by the Planning Board.

(F)

Notice to Nonpetitioning Owners .....Except for petitions providing notification under the provisions of Section 6-2.1(G)(2), if a petition to amend the Zoning Map is not signed by all of the owners of all land for which rezoning is requested, the following notification procedures shall be followed:

(1)

Written Notification. .....The petitioner shall notify in writing nonpetitioning owners who have not signed the petition that the petition is being submitted. Written notification shall be by letter, in a form supplied by the Planning Board, and shall specify present and proposed zoning classifications. The letter shall be sent by certified or registered mail to the last known address of nonpetitioning owners.

(2)

Alternative Notification. .....As an alternative method of notice, the petitioner may obtain the signatures of nonpetitioning owners on a statement acknowledging that said owners have received notice that a petition will be filed and heard at a public hearing before the Planning Board. In cases where signatures of nonpetitioning owners are obtained, written notification shall not be necessary.

(3)

Second Notification. .....If for any reason the initial letter is not delivered, a second letter on the required form shall be sent by certified or registered mail to the nonpetitioning owner's address as shown on the records of the office of the Tax Assessor, if said address is different from the last known address.

(4)

Undelivered Notices. .....If for any reason neither such letter notice is delivered, the petitioner shall then file with the Planning Board a signed certificate setting forth that written notification has been sent to all nonpetitioning owners who have not accepted notice by signed statement, and shall attach thereto either the return receipts showing that the letters have been delivered or the letters themselves and the mailing envelopes thereof.

(5)

List of Owners Not Notified. .....In the event all letters are not delivered, the petitioner shall attach to the certificate a list containing the names and street or mailing addresses and tax lot and block numbers of the property within the boundaries covered by the petition of all nonpetitioning owners to whose addresses written notice was not delivered. This list of names and addresses shall be included in the notice of public hearing which shall be published in a newspaper as provided for in Section B.6.

(6)

Advertisement. .....Such publication of the public hearing, together with the names, addresses and tax lot and block numbers of nonpetitioning owners shall be made within one hundred eighty (180) days of the posting of the first letter to the nonpetitioning owner at such person's last known address. Otherwise, said notification procedure shall start anew. The Planning Board shall not advertise the public hearing until receipt of the petitioner's certificate as provided above.

(G)

Notification to Property Owners

(1)

Mailed Notices. .....In the event of petition to amend the zoning maps, letters shall be sent to all property owners within five hundred (500) feet from the parcel boundary for which the amendment is requested, in accordance with State Law.

(2)

Newspaper Advertisement. .....The first class mail notice required above shall not be required if the zoning map amendment directly affects more than fifty (50) properties, owned by a total of at least fifty (50) different property owners, and the Planning Board or Elected Body elects to use the expanded published notice provided for in this subsection. In this instance, the Planning Board or Elected Body may elect to either make the mailed notice provided for above or may as an alternative elect to publish once a week for at least four successive calendar weeks in a newspaper having general circulation in the area an advertisement of the public hearing that shows the boundaries of the area affected by the proposed zoning map amendment and explains the nature of the proposed change. The amendment shall not be less than one-half of a newspaper page in size, and shall meet the timing requirements of State law and Section B.6-2.1(I). The advertisement shall only be effective for property owners who reside in the area of general circulation of the newspaper which publishes the notice. Property owners who reside outside of the newspaper circulation area, according to the address listed on the more recent property tax listing for the affected property, shall be notified by first class mail pursuant to this section.

(H)

Fees for Notification .....In addition to filing and sign posting fees, a fee of five dollars ($5.00) for each owner indicated above will be charged to the petitioner to defray the costs of the research, preparation, and mailing of a notice of the pending zoning classification action to each.

(I)

Advertising and Posting .....Whenever a petition to amend this Ordinance is submitted to the Planning Board, the Planning Board shall schedule a public hearing. Notice of the public hearing shall be advertised once in a newspaper of general circulation in the adopting jurisdiction, said notice being not less than ten (10) days prior to the date fixed for the hearing. In all cases of petitions to amend a zoning classification, the property shall be posted with a notice of public hearing by the Planning Board at least fifteen (15) days prior to the date of said public hearing. Said notice shall consist of a sign(s) posted on the property at a conspicuous location(s), which sign shall be legible from the nearest public road. Location(s) which are not conspicuous or require additional notification to the public, will be required to have a directional sign(s) posted. Each sign(s) or each directional sign(s) will have an additional charge to be determined by the Planning Board to the petitioner. The signs are and shall remain the property of the governmental agency which provided them, and shall be prepared, posted, and reclaimed by it.

(J)

Withdrawal .....A zoning petition may not be withdrawn by the applicant after publication, or scheduled publication which cannot be canceled, of notice of public hearing except by permission of the appointed body before which the petition is pending for action or consideration. Once the appointed body has acted to forward a recommendation on the zoning petition to the appropriate elected body, the petition may not be withdrawn by the applicant except with permission of the Elected Body. A public hearing is not required to consider a request to withdraw. The filing fees are not refundable, except that the Planning Director may authorize refund of the fees if no notice expenses related to the petition have been incurred.

(K)

Legal Description .....A typed legal description of the property for which rezoning is requested shall be included with the petition. Such description shall also include acreage and tax and block information for the property. Such description may be by metes and bounds or recorded plat book and page reference.

(L)

Illegal Spot Zone .....If a petition appears to be a request for an illegal spot zone, the Planning Staff shall consult the attorney for the adopting jurisdiction. If the Attorney submits an opinion that the petition is a request for a spot zone, the petitioner shall be so informed and offered the option to withdraw the petition and recover the filing fee, less any advertising cost.

(M)

Planning Board Review .....The Planning Board shall submit a report and recommendations to the Elected Body in writing within one hundred twenty (120) days after receipt by the Planning Board of a complete petition, including compliance with Section B.6-2.1(F), unless such period is extended by the Elected Body. Failure to submit a report and recommendation shall not be deemed to constitute either approval or disapproval of the petition by the Planning Board. The Planning Board shall, at the same time, mail or deliver to the petitioner, and also to the opponent(s), if any, a copy of the same report and recommendations sent to the Elected Body. In case there is more than one petitioner for or opponent to the proposed change, it shall be sufficient to mail or deliver a copy of the report and notice of any subsequent hearing before the Elected Body to the one petitioner designated by the petitioners to receive same and to any such opponent who requests receipt of such report in writing at the public hearing. Furthermore, in any case where any of the parties are represented by an attorney named in the petition, the mailing or delivery of a copy of the report and notice of any hearing to the attorney shall be the equivalent of mailing or delivering the same to the party or parties represented by the attorney.

Pursuant to the provisions of NCGS 160D-109, Planning Board members shall not vote on items decided by the Planning Board of zoning map amendment recommendations forwarded to the Elected Body where the outcome of the matter being considered is reasonably likely to have a direct, substantial, and readily identifiable financial impact on the member(s). Further, Planning Board members shall not vote on items decided by the Planning Board or any zoning map amendment recommendation forwarded to the Elected Body if the landowner of the property subject to the approval or rezoning petition recommendation has a close familial, business or other associational relationship with the Planning Board.

(N)

Elected Body Public Hearing .....A public hearing shall be held by the Elected Body on each proposed amendment to the Zoning Ordinance, after publication of notice, as hereinabove provided. Said proposed amendment shall be placed on the agenda of a regularly scheduled public hearing of the Elected Body within sixty (60) days of receipt of the report and recommendations of the Planning Board.

A member of the Elected Body shall not vote on any legislative decision regarding a development regulation where the outcome of the matter being considered is reasonably likely to have a direct, substantial, and readily identifiable financial impact on the member. A member of the Elected Body shall not vote on any zoning amendment if the landowner of the property subject to a rezoning petition or the applicant for a text amendment is a person with whom the member has a close familial, business or other associational relationship.

(O)

Submission of Written Statements .....The Unified Development Ordinance may from time to time be amended, supplemented, changed, modified, or repealed. If any resident of property owner in the Town submits a written statement regarding a proposed amendment, modification, or repeal to a zoning ordinance to the Town Clerk at least two (2) business days prior to the proposed vote on such change, the Town Clerk shall deliver such written statement to the Elected Body.

(P)

Limits on Resubmittal

(1)

Previous Denial. .....In the event that a petition to amend the text or the zoning maps is denied by the Elected Body, a period of two (2) years must elapse before another petition for the same kind of change in the regulations or for the same zoning classification of land previously involved may be submitted. Further, a period of one year must elapse before a new petition for any change in zoning classification of land previously involved may be submitted. Such one year or two (2) year period shall be measured from the date of acceptance of the previous petition by the Planning Board for the change in regulations or in the classification of the land. The limitations on the filing of new petitions in this subparagraph shall not preclude the filing by a property owner or the acceptance of a new petition from a property owner within the one year or two (2) year waiting periods following the filing of a petition by a petitioner other than the owner of the property affected, if the owner of such property opposed rezoning at a public hearing before the Planning Board or expressed opposition to the proposed rezoning in writing to the Planning Board prior to such public hearing.

(2)

Elected Body Authority. .....Nothing in this section shall constitute a limitation upon the authority of the Elected Body or the Planning Board to consider or reconsider, upon their own motion, any changes to the zoning district or rezoning of property. Further, nothing in this chapter shall affect the validity or effectiveness of any recommendation made by the Planning Board prior to the effective date of this amendment, and the Elected Body may lawfully act on such recommendation as if it had been made by the Planning Board subsequent to the effective date of this amendment. Any such consideration, reconsideration or act by the Elected Body shall comply with the notice requirements for ordinance amendments contained in this Ordinance.

(Q)

Consideration .....In deliberating each petition for amendment of the Official Zoning Maps, the Elected Body may consider such information and assertions as are presented in the petition as well as evidence presented and arguments made at the public hearing. Additional considerations by the Elected Body may include, but shall not be limited to the following:

(1)

Whether the proposal is consistent with the purpose statements of the requested zoning districts;

(2)

Whether the uses permitted under the proposed classification would be compatible with uses permitted on other property in the vicinity;

(3)

Whether changing conditions have substantially affected the area included in the petition; and

(4)

Whether the proposed amendment is in conformance with Legacy and the Lewisville Comprehensive Plan.

(UDO L-160, § 4, 11-14-19; UDO L-164, § 2, 7-8-21)

6-2.2   CONDITIONAL DISTRICTS

(A)

Requirements .....All requirements of general use zoning shall be met. If the petitioner elects to petition for conditional district zoning, the petition must specify the actual use(s) intended, one (1) or more of the permitted uses listed in Table 2.6 for the entire tract or any part or parts thereof, for the property specified in the petition, and the proposed use(s) must be a use(s) permitted in the corresponding general use district. If the petitioner petitions for two (2) or more conditional districts, the petitioner shall submit a separate petition for each district. The Elected Body, in considering whether to approve or disapprove each conditional district petition, shall do so on the basis of the specific use(s) requested.

(B)

Compliance with General Use Provisions .....Any petition to amend district boundaries to create a conditional district shall comply with procedures for general use district amendments set out in Section B.6.

(C)

One and Two-Phase Petitions .....The petitioner may elect to submit a conditional district zoning petition either as a one-phase petition or as a two-phase petition.

(1)

Site Plan Submittal. .....Site plan(s) shall be submitted for the one-phase or the first phase of a two-phase petition pursuant to Section B.8.

(2)

Second Phase Acceptance. .....The second phase of a two-phase petition shall not be accepted until the first phase has been approved by the Elected Body.

(3)

Final Development Plan. .....The final development plan required for the second phase of a two-phase rezoning approval shall be submitted pursuant to Section B.8.

(D)

Planning Board Action

(1)

One-Phase and First Phase of Two-Phase Petition. .....The Planning Board may take one of the following actions on the one-phase or the first phase of a two-phase petition:

(a)

Recommend Approval. .....Recommend approval of the petition as submitted.

(b)

Recommend Approval with Conditions. .....Recommend approval of the petition with additional reasonable conditions as provided in Section B.6-1.3(A)(1). The Planning Board may also consider the following conditions:

(i)

Preservation of unique natural or constructed features, including retention of existing vegetation;

(ii)

Consolidation of signage for shopping centers or multiple use projects;

(iii)

Reduction in overall density for residential projects;

(iv)

Reduction or limitation in the uses requested;

(c)

Recommend Denial. .....Recommend denial of the petition, with reasons stated.

(2)

Second Phase of Two-Phase Petition. .....The Planning Board may take one of the following actions on the final development plan submitted for the second phase of a two-phase petition:

(a)

Approve. .....Approve the petition as submitted.

(b)

Approve with Conditions. .....Approve the petition with additional reasonable conditions as provided in Section B.6-2.2(D)(1)(b).

(c)

Deny. .....Deny the final development plan, with reasons stated.

(E)

Conditions for a Two-Phase Petition .....In a two-phase petition, documentation shall be provided in the form of a statement on the face of the site plan or attached to the petition as to any condition which, in the opinion of either the applicant or the Planning Staff, is not adequately addressed during the first phase review.

(F)

Decision Regarding One-Phase Petition .....If the Elected Body finds that a one-phase petition for conditional district zoning should be granted, the Elected Body shall rezone the property and issue a conditional district permit. If the Elected Body finds that the proposed conditional district should not be created, the Elected Body shall deny the petition.

(G)

Decision Regarding Two-Phase Petition .....If the petition is a two-phase petition, and the Elected Body finds that it would grant the conditional district zoning if an acceptable final development plan were submitted, the Elected Body shall approve the petition in concept, subject to the submission of an acceptable final development plan. If the Elected Body finds that the proposed conditional district should not be created, the Elected Body shall deny the petition.

(H)

Conditions of Approval .....In rezoning for a conditional district, the Elected Body may impose additional reasonable conditions as provided in Section B.6-2.2(D)(1)(b). If all requirements and conditions are accepted by the petitioner, the Elected Body shall rezone the property and issue a conditional district permit, attaching thereto and incorporating therein the conditions mentioned immediately above. Otherwise the petition shall be denied.

(I)

Permit Issuance .....No zoning permit or other governmental entitlement for the use, development, or division of land zoned to a conditional district shall be issued prior to the issuance of a conditional district permit by the Elected Body.

(J)

Effect of Conditional District Permit .....Once a conditional district permit has been issued by the Elected Body, it shall be binding upon the property included in such permit, unless subsequently changed or amended by the Elected Body as provided for in this Ordinance. All conditions approved by the Elected Body shall be attached to and incorporated in the conditional district permit and shall become a part thereof.

(K)

Amendment .....The Elected Body may change or amend any conditional district permit, only after public notice and hearing, upon recommendation of the Planning Board, and subject to the same procedures provided in this Ordinance for granting conditional district zoning.

(L)

Minor Changes .....Each Elected Body may, by resolution, allow the Planning Staff to grant minor changes to site plans and conditions after the site plans and conditions have been approved by an Elected Body. Such resolution shall include authority for staff to make changes as consistent with law and the intent of the original site plan or conditions. Minor changes may include, but are not limited to, changes which do not alter the basic relationship of the proposed development to adjacent property, will not alter the uses permitted, or will not increase density or intensity of the development.

(M)

Enforcement of Conditions of Conditional District Permit .....Any violation of a condition of a conditional district permit shall be a violation of this Ordinance and subject to the enforcement provisions of Section B.9.

(UDO L-164, § 2, 7-8-21)

Editor's note— UDO L-164, § 2, adopted July 8, 2021, amended the title of § 6-2.2 to read as herein set out. Former § 6-2.2 was titled, "Special Use Districts."

6-2.3   AMENDMENTS TO THE UNIFIED DEVELOPMENT ORDINANCE

(A)

General Procedures .....Proposals to amend, supplement, change, modify, or repeal any of the regulations established by this Ordinance, or hereafter established, may be initiated by the Elected Body, by the Planning Board, or by petition of any interested person.

(1)

Petition Submitted. .....A petition by an interested person to amend or change the regulations shall be submitted to the Elected Body through and reviewed by the Planning Board which shall consider its merit and make a recommendation to the Elected Body.

(2)

Public Hearing. .....In no case shall final action by the Elected Body be taken amending, changing, supplementing, modifying, or repealing the regulations established by this Ordinance until a public hearing has been held by the Elected Body at which parties in interest and citizens shall have an opportunity to be heard.

(3)

Notice. .....A notice of each public hearing shall be given once a week for two (2) successive calendar weeks in a newspaper of general circulation in the adopting jurisdiction, the first publication of said notice being not less than ten (10) days prior to the date fixed for the hearing.

(B)

Submittal to Planning Board

(1)

Amending the Text of this Ordinance. .....Unless waived by the Planning Board in advance, no petition to amend the regulations established by this Ordinance shall be considered at the same meeting of the Planning Board or Elected Body. Application for a waiver of this requirement shall be accompanied by:

(a)

Recommendation of planning staff;

(b)

Completed petitions to amend the regulations established by this Ordinance; and

(c)

The fees required.

(C)

Advertising a Posting for a Planning Board Public Hearing .....Notice of the public hearing shall be advertised once in a newspaper of general circulation in the adopting jurisdiction, said notice being not less than ten (10) days prior to the date scheduled for the hearing.

(D)

Withdrawal .....A petition may not be withdrawn by the applicant after publication, or scheduled publication which cannot be canceled, of notice of public hearing except by permission of the appointed body before which the petition is pending for action or consideration. Once the appointed body has acted to forward a recommendation on the zoning petition to the appropriate elected body, the petition may not be withdrawn by the applicant except with permission of the Elected Body. A public hearing is not required to consider a request to withdraw. The filing fees are not refundable, except that the Planning Director may authorize refund of the fees if no notice expenses related to the petition have been incurred.

(E)

Planning Board Review .....The Planning Board shall submit a report and recommendations to the Elected Body in writing within one hundred twenty (120) days after receipt by the Planning Board of a complete petition, including compliance with Section B.6-2.1(F), unless such period is extended by the Elected Body. Failure to submit a report and recommendation shall not be deemed to constitute either approval or disapproval of the petition by the Planning Board.

In the report, the Planning Board shall advise and comment on whether the proposed amendment is consistent with the Legacy and any other officially adopted plan that is applicable. The Planning Board shall provide a written recommendation to the Elected Body that addresses plan consistency and, whether the proposed amendment is reasonable and in the public interest. A statement by the Planning Board that a proposed amendment is inconsistent with Legacy shall not preclude consideration or approval of the amendment by the Elected Body.

The Planning Board shall, at the same time, mail or deliver to the petitioner(s), and also to the opponent(s), if any, a copy of the same report and recommendations sent to the Elected Body. In any case where any of the parties are represented by an attorney named in the petition, the mailing or delivery of a copy of the report and notice of any hearing to the attorney shall be the equivalent of mailing or delivering the same to the party or parties represented by the attorney.

Pursuant to the provisions of NCGS 160D-109, Planning Board members shall not vote on items decided by the Planning Board or text amendment recommendations forwarded to the Elected Body where the outcome of the matter being considered is reasonably likely to have a direct, substantial, and readily identifiable financial impact on the member(s). Further, Planning Board members shall not vote on items decided by the Planning Board or any recommendation forwarded to the Elected Body if the landowner of the property subject to the approval or rezoning petition recommendation has a close familial, business or other associational relationship with the Planning Board.

(F)

Elected Body Public Hearing .....A public hearing shall be held by the Elected Body on each proposed amendment to the UDO, after publication of notice, as herein above provided. Said proposed amendment shall be placed on the agenda of a regularly scheduled public hearing of the Elected Body within sixty (60) days of receipt of the report and recommendations of the Planning Board.

A member of the Elected Body shall not vote on any proposed amendment to this Ordinance where the outcome of the matter being considered is reasonably likely to have a direct, substantial, and readily identifiable financial impact on the member. A member of the Elected Body shall not vote on any amendment if the applicant for a text amendment is a person with whom the member has a close familial, business or other associational relationship.

(G)

Submission of Written Statements .....The Unified Development Ordinance may from time to time be amended, supplemented, changed, modified, or repealed. If any resident of property owner in the Town submits a written statement regarding a proposed amendment, modification, or repeal to a zoning ordinance to the Town Clerk at least two (2) business days prior to the proposed vote on such change, the Town Clerk shall deliver such written statement to the Elected Body.

(H)

Limits on Resubmittal

(1)

Previous Denial. .....In the event that a petition to amend the text is denied by the Elected Body, a period of two (2) years must elapse before another petition for the same kind of change in the regulations or for the same zoning classification of land previously involved may be submitted. Such two (2) year period shall be measured from the date of acceptance of the previous petition by the Planning Board for the change in regulations.

(2)

Elected Body Authority. .....Nothing in this section shall constitute a limitation upon the authority of the Elected Body or the Planning Board to consider or reconsider, upon their own motion, any changes to any zoning district or rezoning of property. Furthermore, nothing in this chapter shall affect the validity or effectiveness of any recommendation made by the Planning Board prior to the effective date of this amendment, and the Elected Body may lawfully act on such recommendation as if it had been made by the Planning Board subsequent to the effective date of this amendment. Any such consideration, reconsideration or act by the Elected Body shall comply with the notice requirements for ordinance amendments contained in the Ordinance.

(UDO L-164, § 2, 7-8-21)

6-2.4   RECORDS

After the adoption of any amendment to the Zoning Ordinance, the responsible official of the adopting jurisdiction shall send to the Planning Board and to the office of the Register of Deeds official notification of such adoption. It shall be the duty of the Planning Board and the office of the Register of Deeds to maintain systematic records of such ordinances and to make said records accessible to the public for inspection at reasonable times.

(UDO L-164, § 2, 7-8-21)

Editor's note— UDO L-164, § 2, adopted July 8, 2021, repealed the former § 6-2.4 and subsequently redesignated the former § 6-2.3 as a new § 6-2.4 to read as herein set out. Former § 6-2.4 pertained to notice to North Carolina Department of Transportation.