7.01.1   MEETINGS AND MEMBERSHIP IN GENERAL

   7.02.1   PURPOSE AND INTENT

   In order to establish an orderly process to develop land within the jurisdiction of the Town of Lillington consistent with standard development practices and terminology it is the purpose of this section to provide a clear and comprehensible development process.

   The provisions of this section shall be applicable to all development activity under the jurisdiction of the Town of Lillington.

   No land shall be used or occupied and no structures shall be erected, moved, extended, or enlarged, nor shall any timbering, clearing and grubbing, or filling of any lot for the construction of any building be initiated until the Administrator has issued an appropriate permit which will certify that the proposed work is in conformity with the provisions of this ordinance.

   7.02.3   APPLICATION COMPLETENESS

   A.   Applications to Be Complete

The Administrator may require an applicant to present evidence of authority to submit the application.

   The following procedures have been established for development processes/permits that require notification of the public prior to consideration and/or approval.

   A notice shall be published in a newspaper of general circulation in the town once a week for two successive weeks. The first publication shall appear no less than ten days or more than 25 days prior to the date fixed for the public hearing. The notice shall include the time, place and date of the hearing/meeting and include a description of the property and the nature of the proposal.

 

   C.   Existing Conditions Map

      An existing conditions map is intended to identify existing developed conditions and natural features including, but not limited to, the following:

      •   Rights of way

      •   Existing structures

      •   Cemeteries

      •   Bridges or culverts

      •   Utilities

      •   Driveways & curb cuts

      •   Sidewalks, surface parking & loading areas

      •   Streets with pavement width

      •   Existing easements

      •   Natural features such as large stands of trees, water features, special flood hazard area

      •   Soils Type

      •   Existing topography

   D.   Sketch Plan

      1.   A sketch plan shall show in simple sketch form the dimensions of the lot on which the proposed building or use is to be constructed or conducted and the following:

         •   Proposed layout of existing and proposed streets

         •   Existing or proposed lot(s) layout, building(s) location and size

         •   Nature of land use, parking areas and means of ingress/egress

         •   Environmental conditions (i.e. special flood hazard, wetlands, impervious surface area, etc.)

      2.   Sketch plans shall be reviewed as binding documents for compliance of Unified Development Ordinance conformance, but shall be used for non-binding review for all other development application processes in which a sketch plan is required. All plans shall be submitted at a scale not less than 1 inch = 50 feet (for site plans) or 1 inch = 200 feet (for subdivisions) unless otherwise authorized by the Administrator.

   E.   Master Plan

      1.   A master plan is intended to provide a detailed two-dimensional drawing that illustrates all of the required site features including:

         •   Buildings & parking areas

         •   Streets locations, street sections & new & existing rights-of-ways

         •   Property lines and setbacks

         •   Required or proposed buffers

         •   Conceptual landscaping

         •   All related development calculations (e.g., density, proposed building areas, number of parking spaces, estimate impervious surface) in sufficient detail to show compliance with this ordinance

      2.   Detailed engineering drawings such as subsurface utilities (e.g., water and sewer) and on-site stormwater facilities are not required for master plans, except that horizontal water and sewer locations shall be indicated as required by the utility provider.

   F.   Construction Plan

      1.   Construction plans shall constitute a full and complete set of engineered drawings necessary for final permitting and construction.

      2.   All plans shall be submitted at a scale not less than 1 inch = 50 feet unless otherwise authorized by the Administrator.

      3.   All streets, utilities, and stormwater, and other infrastructure systems shall be designed and constructed in accordance with the adopted Town of Lillington Specifications and utilities provider requirements where applicable.

   G.   Final Plat

      1.   The final plat shall be prepared by a professional land surveyor, licensed to practice in the State of North Carolina and shall be drawn to a scale no less than 1 inch = 100 feet, and shall meet the requirements of G.S. § 47-30.

      2.   The final plat shall constitute an accurate survey of the entire phase as shown on the approved plan and shall include all the relevant notes and certifications.

   H.   Building Elevations

   In order to reasonably evaluate the building, it is necessary to submit scaled drawings of each elevation visible from a public street. These drawings should be in color and should accurately represent the building heights, floor levels, and building materials.

   I.   As-Built Drawings

   The "as built" drawings shall show the final design specifications for all public infrastructure. The designer of the infrastructure shall certify, under seal, that the installed infrastructure is in substantial compliance with the approved plans and designs and with the requirements of this ordinance. A final inspection and approval by the Administrator shall occur before the release of any performance securities.

   7.03.1   STANDARDS FOR CONDUCT OF QUASI-JUDICIAL HEARINGS

   A quasi-judicial decision is a process that involves the finding of facts regarding a specific application of an ordinance and the exercise of discretion when applying the standards of the ordinance. Quasi-judicial decisions include decisions involving variances, special use permits, and appeals of administrative decisions. As a result, the following standard procedures shall be incorporated as appropriate.

   C.   Participants to be Sworn

   All participants in the public hearing shall be duly sworn in prior to the submission of any testimony.

   D.   Competent Evidence Required

      1.   All decisions shall be based on competent evidence entered in as part of the record.

      2.   The term "competent evidence," as used in this subsection, shall not preclude reliance by the decision-making board on evidence that would not be admissible under the rules of evidence as applied in the trial division of the General Court of Justice if (i) the evidence was admitted without objection, or (ii) the evidence appears to be sufficiently trustworthy and was admitted under such circumstances that it was reasonable for the decision making board to rely upon it.

      3.   The term "competent evidence," as used in this subsection, shall not be deemed to include the opinion testimony of lay witnesses as to any of the following:

         a.   The use of property in a particular way would affect the value of other property.

         b.   The increase in vehicular traffic resulting from a proposed development would pose a danger to the public safety.

         c.   Matters about which only expert testimony would generally be admissible under the rules of evidence.

   E.   Cross-Examination Permitted

   The cross-examination of witnesses submitting testimony shall be permitted upon request.

   7.03.2   DECISION STANDARDS

   Each decision-making board under the provisions of this ordinance shall ensure that the rights of petitioners have not been prejudiced because of the decision-making body's findings, inferences, or conclusions. In addition, such decision shall not be:

   A.   In violation of constitutional provisions, including those protecting procedural due process rights.

   B.   In excess of the statutory authority conferred upon the town or the authority conferred upon the decision-making board by ordinance.

   C.   Inconsistent with applicable procedures specified by statute or ordinance.

   D.   Affected by other error of law.

   E.   Unsupported by substantial competent and material evidence in view of the entire record.

   F.   Arbitrary and capricious.

   7.03.3   DECISION RECORDS

   The following shall become part of the official record of decision:

   A.   Documents and exhibits submitted to the decision-making board;

   B.   Meeting minutes;

   C.   Any party may request, at their expense, a transcript of the proceedings from any recorded audio/video if available.

   7.04.1   ZONING PERMIT

   A zoning permit indicates compliance with the provisions of this ordinance and shall be required for the construction or development of any new use within the jurisdiction of the Town of Lillington, and any other site improvement as indicated in the UDO. In addition to new uses, a zoning permit shall be required for expansions of existing uses, changes of use, any uses permitted with special conditions (Article III) and any signage requiring a permit (Article IV).

   A.   Application Prior to Building Permit

   A zoning permit application shall be presented to the Administrator prior to applying for a building permit from the Harnett County Inspections Department. No building permit shall be issued for any activity within the town's jurisdiction until such zoning permit is approved by the town and presented to the county.

   B.   Pre-Application Process

   No meeting is required but applicants are encouraged to call or visit the Administrator prior to requesting a zoning permit to determine what information is required for the application.

   C.   Required Application Information

   Sketch plan and any other relevant information to show compliance (may be waived by Administrator as appropriate). A zoning permit shall be issued in the name of the applicant (except that applications submitted by an agent shall be issued in the name of the principal and shall be accompanied by a signed affidavit designating such agent), shall identify the property involved and the proposed use, shall incorporate by reference the plans submitted, and shall contain any special conditions or requirements lawfully imposed by the permit-issuing authority.

   D.   Determination of Compliance

   Once an application containing all needed elements is submitted, the Administrator shall review the application and approve or deny it based on compliance with the standards contained in this ordinance.

   E.   Appeals

   Appeals of the decisions of the Administrator shall be heard by the Board of Adjustment.

   F.   Permit Validity & Extensions

      1.   Zoning permits shall be void after six months from date of issue unless substantial progress on the project has been made by that time or unless a statutory zoning vested right exists as described in this ordinance. Upon issuance of a building permit by the Harnett County Inspections Department, the zoning permit shall remain valid as long as a valid building permit exists for the project.

      2.   Any change to the approved plans that has not been authorized by the Administrator shall invalidate the zoning permit and any subsequent building permits.

      3.   The Administrator may grant one extensions of this time period of up to six months upon submittal by the applicant of sufficient justification for the extension. Sufficient justification may include, but is not limited to, delays in other outside agency permits, financing institution delays, or other similar reasons beyond the control of the applicant.

   7.04.2   TEMPORARY USE/SPECIAL EVENT PERMITS

   Temporary use/special event permit is required for uses permitted in accordance with Article III prior to the commencement of any use or activity.

   A.   Pre-Application Process

   No meeting is required but applicants are encouraged to call or visit the Administrator prior to requesting a zoning permit to determine what information is required for the application.

   B.   Required Application Information: Sketch plan and any other relevant information to show compliance (may be waived by Administrator as appropriate).

   C.   Determination of Compliance

   Once an application containing all needed elements is submitted, the Administrator shall review the application and approve or deny it based on compliance with the standards contained in this ordinance.

   D.   Appeals

   Appeals of the decisions of the Administrator shall be heard by the Board of Adjustment.

   E.   Permit Validity & Extensions

   See Article III.

   7.04.3   CERTIFICATE OF COMPLIANCE

   Issuance of a certificate of compliance shall be required prior to the occupancy or use of any new construction and re-occupancy or re-use of any renovation/rehabilitation in the Town of Lillington. Certificates of compliance insure that a completed development project has complied with all the applicable requirements of this ordinance and all other applicable federal, state and local regulations. Certificates of compliance must be signed by the Administrator to certify compliance with applicable regulations of this ordinance.

   A.   Determination of Compliance

   Upon receipt of the request for a certificate of compliance, the Administrator shall inspect the site for compliance with the approved plan and the applicable standards of this ordinance. The applicant shall be notified of any deficiencies in the building(s) or site that prevents the issuance of the certificate of completion or the certificate shall be issued.

   B.   Appeals

   Appeals of the decisions of the Administrator shall be heard by the Board of Adjustment.

   A.   Drainage & Stormwater Management

   As part of all construction plan review and approvals, proper permits shall be provided by the applicant that meet the standards Article VI in this ordinance and any applicable requirement of the NC Department of Environmental Natural Resources, Army Corp of Engineers and/or any other applicable state or federal agency.

   B.   Floodplain Development Permit

   A floodplain development permit shall be required in conformance with the provisions of this ordinance prior to the commencement of any development activities within special flood hazard areas determined in accordance with Article VI of this ordinance.

      1.   Permit Required Before Land Disturbance

      No such land disturbing activity shall take place in areas designated as special flood hazard areas until plans associated with the activity have been reviewed and approved in accordance with the procedures set forth in this ordinance.

      2.   Pre-Application Process

      Applicants are encouraged to meet with the Administrator prior to submitting an application for development in the designated flood hazard area. The purpose of this meeting is to discuss the project, the proposed design strategies, and to answer questions of the applicant regarding the application and schedules for review.

      3.   Required Application Information: Existing conditions map (may be waived by Administrator as appropriate), construction plans & as-built drawings – upon completion.

      4.   Additional Information Required

         The following specific items/information shall be presented to the Administrator in an application for a floodplain development permit:

         a.   Plan Information

         A plot plan drawn to scale which shall include, but shall not be limited to, the following specific details of the proposed floodplain development:

            i.   The nature, location, dimensions and elevations of the area of development/disturbance; existing and proposed structures, utility systems, grading/pavement areas, fill materials, storage areas, drainage facilities and other development;

            ii.   The boundary of the special flood hazard area as delineated on the FIRM or other flood map as determined in Article VI , or a statement that the entire lot is within the special flood hazard area;

            iii.   Flood zone(s) designation of the proposed development area as determined on the FIRM or other flood map as determined in Article VI ;

            iv.   The boundary of the floodway(s) or non-encroachment area(s) as determined in Article VI ;

            v.   The base flood elevation (BFE) where provided as set forth in Article VI ;

            vi.   The old and new location of any watercourse that will be altered or relocated as a result of proposed development;

         b.   Proposed elevation, and method thereof, of all development within a special flood hazard area including but not limited to:

            i.   Elevation in relation to mean sea level of the proposed reference level (including basement) of all structures;

            ii.   Elevation in relation to mean sea level to which any non-residential structure in Zone AE, A or AO will be flood-proofed; and

            iii.   Elevation in relation to mean sea level to which any proposed utility systems will be elevated or floodproofed;

         c.   If floodproofing, a floodproofing certificate (FEMA Form 81-65) with supporting data and an operational plan that includes, but is not limited to, installation, exercise and maintenance of floodproofing measures.

         d.   A foundation plan, drawn to scale, which shall include details of the proposed foundation system to ensure all provisions of this ordinance are met. These details include but are not limited to:

            i.   The proposed method of elevation, if applicable (such as, fill, solid foundation perimeter wall, solid backfilled foundation, open foundation on columns/posts/piers/piles/shear walls);

            ii.   Openings to facilitate equalization of hydrostatic flood forces on walls in accordance with Article VI , when solid foundation perimeter walls are used in Zones A, AO, AE, and A1-30;

         e.   Usage details of any enclosed areas below the regulatory flood protection elevation;

         f.   Plans and/or details for the protection of public utilities and facilities such as sewer, gas, electrical, and water systems to be located and constructed to minimize flood damage;

         g.   Copies of all other local, state and federal permits required prior to floodplain development permit issuance (wetlands, endangered species, erosion and sedimentation control, riparian buffers, mining and the like);

         h.   Documentation for placement of recreational vehicles and/or temporary structures, when applicable.

         i.   A description of proposed watercourse alteration or relocation, when applicable, including an engineering report on the effects of the proposed project on the flood-carrying capacity of the watercourse and the effects to properties located both upstream and downstream; and a map (if not shown on plot plan) showing the location of the proposed watercourse alteration or relocation.

         j.   Permit requirements

         The floodplain development permit shall include, but not be limited to:

            i.   A description of the development to be permitted under the floodplain development permit;

            ii.   The special flood hazard area determination for the proposed development per available data specified in Article VI ;

            iii.   The regulatory flood protection elevation required for the reference level and all attendant utilities;

            iv.   The regulatory flood protection elevation required for the protection of all public utilities;

            v.   All certification submittal requirements with timelines;

            vi.   A statement that no fill material or other development shall encroach into the floodway or non-encroachment area of any watercourse, as applicable; and

            vii.   The flood openings requirements, if in Zones A, AO, AE or A1-30.

         k.   Certification requirements

            i.   An elevation certificate (FEMA Form 81-31) is required prior to the actual start of any new construction. It shall be the duty of the permit holder to submit to the Floodplain Administrator a certification of the elevation of the reference level in relation to mean sea level. The Floodplain Administrator shall review the certificate data submitted. Deficiencies detected by such review shall be corrected by the permit holder prior to the beginning of construction. Failure to submit the certification or failure to make required corrections shall be cause to deny a floodplain development permit.

            ii.   An elevation certificate (FEMA Form 81-31) is required after the reference level is established. Within seven calendar days of establishment of the reference level elevation, it shall be the duty of the permit holder to submit to the Floodplain Administrator a certification of the elevation of the reference level, in relation to mean sea level. Any work done within the seven-day calendar period and prior to submission of the certification shall be at the permit holder's risk. The Floodplain Administrator shall review the certificate data submitted. Deficiencies detected by such review shall be corrected by the permit holder immediately and prior to further work being permitted to proceed. Failure to submit the certification or failure to make required corrections shall be cause to issue a stop-work order for the project.

            iii.   A final as-built elevation certificate (FEMA Form 81-31) is required after construction is completed and prior to certificate of compliance/occupancy issuance. It shall be the duty of the permit holder to submit to the Floodplain Administrator a certification of final as-built construction of the elevation of the reference level and all attendant utilities. The Floodplain Administrator shall review the certificate data submitted. Deficiencies detected by such review shall be corrected by the permit holder immediately and prior to certificate of compliance/occupancy issuance. In some instances, another certification may be required to certify corrected as-built construction. Failure to submit the certification or failure to make required corrections shall be cause to withhold the issuance of a certificate of compliance/occupancy.

            iv.   If non-residential floodproofing is used to meet the regulatory flood protection elevation requirements, a floodproofing certificate (FEMA Form 81-65), with supporting data and an operational plan, is required prior to the actual start of any new construction. It shall be the duty of the permit holder to submit to the Floodplain Administrator a certification of the floodproofed design elevation of the reference level and all attendant utilities, in relation to mean sea level. Floodproofing certification shall be prepared by or under the direct supervision of a professional engineer or architect and certified by same. The Floodplain Administrator shall review the certificate data and plan. Deficiencies detected by such review shall be corrected by the applicant prior to permit approval. Failure to submit the certification or failure to make required corrections shall be cause to deny a floodplain development permit. Failure to construct in accordance with the certified design shall be cause to withhold the issuance of a certificate of compliance/occupancy.

            v.   Manufactured homes. If a manufactured home is placed within Zone A, AO, AE, or A1-30 and the elevation of the chassis is more than 36 inches in height above grade, an engineered foundation certification is required per Article VI .

            vi.   Watercourses. If a watercourse is to be altered or relocated, a description of the extent of watercourse alteration or relocation; a professional engineer's certified report on the effects of the proposed project on the flood-carrying capacity of the watercourse and the effects to properties located both upstream and downstream; and a map showing the location of the proposed watercourse alteration or relocation shall all be submitted by the permit applicant prior to issuance of a floodplain development permit.

         l.   Certification exemptions

   The following structures, if located within Zone A, AO, AE or A1-30, are exempt from the elevation/floodproofing certification requirements specified in this ordinance:

            i.   Recreational vehicles meeting requirements of Article VI ;

            ii.    Temporary structures meeting requirements of Article VI and accessory structures less than 150 square feet meeting requirements of Article VI .

   7.05.1   MAJOR SITE PLAN REVIEW

   7.06.1   MINOR SUBDIVISION REVIEW

   7.08.1   APPLICABILITY

   Parties aggrieved by any order, requirement, decision or determination, made by an administrative officer charged with enforcing the provisions of this ordinance.

   7.08.2   PROCEDURES

   A.   Process Type: Quasi-judicial.

   B.   Filing Process

   An appeal of an administrative decision may be taken by any person aggrieved (or by their authorized agent), or by the Administrator, to the Board of Adjustment. Such an appeal shall be made within 30 days of the receipt by such aggrieved party of the written notice of decision from the Administrator, within 30 days of the filing of the written notice with the Town Clerk.

   C.   Proceedings

   The filing of an appeal shall stay all proceedings in furtherance of the contested action unless the Administrator certifies that, in his/her opinion, by reason of facts stated in the certification, such a stay would cause imminent peril to life and property. In such a case, proceedings shall not be stayed except by restraining order or preliminary injunction granted by the Superior Court of Harnett County.

   D.   Required Application Information

   Such relevant information as may reasonably allow the Board of Adjustment to understand the basis for the appeal. The Administrator shall similarly prepare a report detailing the regulations and interpretation behind the matter being appealed and their reason for their decision.

   7.08.3   REVIEW PROCESS

   A.   Upon receiving the application, the Board of Adjustment shall conduct a public evidentiary hearing on the appeal. Any party may appear in person or be represented by an agent at the hearing.

   C.   The Board of Adjustment, in making its ruling, shall have all the powers of the Administrator from whom the appeal is taken, and may issue or direct the issuance of a permit.

   D.   The decision of the Board of Adjustment must be in writing and permanently filed in the minutes of that reviewing body as a public record. All findings of fact and conclusions of law must be separately stated in final decisions or orders of the Board of Adjustment, which must be delivered to parties of interest by certified mail.

   7.08.4   APPEALS

   Any appeal from a decision of the Board of Adjustment may be made by an aggrieved party and shall be made to the Harnett County Superior Court. Any such petition shall be filed with the clerk of the superior court within 30 days after the decision of the Board is filed with the Town Clerk, or after a written copy thereof is delivered to every aggrieved party who has filed a written request for such copy with the secretary or chairman of the Board at the time of its hearing of the case, whichever is later. The decision of the Board may be delivered to the aggrieved party either by personal service or by registered mail or certified mail return receipt requested.

   7.09.1   APPLICABILITY

      A.   The variance process administered by the Board of Adjustment is intended to provide limited relief from the requirements of this ordinance in those cases where strict application of a particular requirement will create a practical difficulty or unnecessary hardship prohibiting the use of the land in a manner otherwise allowed under this ordinance.

      B.   It is not intended that variances be granted solely to remove inconveniences or financial burdens that the requirements of this ordinance may impose on property owners in general or to increase the profitability of a proposed development, although such factors can be taken into consideration.

   C.   In no event shall the Board of Adjustment grant a variance which would allow the establishment of a use which is not otherwise allowed in a land development district or which would change the land development district classification or the district boundary of the property in question.

   D.   In no event shall the Board of Adjustment grant a variance which would conflict with any state code unless otherwise authorized by laws and regulations.

   7.09.2   PROCEDURES

   A.   Pre-Application Process

   Every applicant for a variance is encouraged to meet with the Administrator in a pre-application conference prior to the submittal of a formal application. The purposes of this conference are to provide additional information regarding the review process and assistance in the preparation of the application.

   B.   Process Type: Quasi-judicial.

   C.   Filing Process

   An application for a variance may be filed by the owner of the property or by an agent specifically authorized by the owner to file such application.

   D.   Determination of Compliance

   The Administrator shall review the plan to ensure that it is complete and shall prepare a report on the application for the Board of Adjustment to consider.

   E.   Proceedings

   The filing of an appeal shall stay all proceedings in furtherance of the contested action unless the Administrator certifies that, in his/her opinion, by reason of facts stated in the certification, such a stay would cause imminent peril to life and property. In such a case, proceedings shall not be stayed except by restraining order or preliminary injunction granted by the Superior Court of Harnett County.

   F.   Required Application Information

   Such relevant information as may reasonably allow the Board of Adjustment to understand the basis for the appeal. The Administrator shall similarly prepare a report detailing the regulations and interpretation behind the matter being appealed and their reason for their decision.

   7.09.3   REVIEW PROCESS

   A.   Upon receiving the application, the Board of Adjustment shall conduct a public hearing on the variance.

   B.   After conducting the hearing, the Board of Adjustment may: deny the application; conduct an additional public hearing on the application; approve the application; or approve the application with additional conditions. A concurring vote of four-fifths of the members of the Board of Adjustment shall be necessary to grant a variance.

   C.   A decision by the Board of Adjustment shall be made within 45 days of the date of the hearing.

   D.   Any approval or denial of the request shall be accompanied by written findings of fact supporting the conclusion that the variance meets or does not meet each of the standards set forth on Section 7.09.3E. below.

   E.   The Board of Adjustment shall not grant a variance unless and until it makes all of the following findings:

   F.   Additional Conditions

   In granting any variance, the Board of Adjustment may attach such conditions to the approval as it deems necessary and appropriate to satisfy the purposes and objectives of this ordinance. The Board of Adjustment may also attach conditions in order to reduce or minimize any injurious effect of such variance upon other property in the neighborhood and to ensure compliance with other terms of this ordinance. Such conditions and safeguards must be reasonably related to the condition or circumstance that gives rise to the need for a variance.

   7.09.4   STANDARDS FOR FLOOD DAMAGE PREVENTION AND WATERSHED PROTECTION VARIANCE REQUESTS

   Variances from the standards set forth in this ordinance for flood damage prevention and watershed protection may be granted subject to the following additional provisions:

   A.   Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result or when the variance will make the structure in violation of other federal, state or local laws.

   B.   Variances shall only be issued upon:

   7.09.5   APPEALS

   Any appeal from a decision of the Board of Adjustment may be made by an aggrieved party and shall be made to the Harnett County Superior Court. Any such petition shall be filed with the clerk of the superior court within 30 days after the decision of the Board is filed with the Town Clerk, or after a written copy thereof is delivered to every aggrieved party who has filed a written request for such copy with the secretary or chairman of the Board at the time of its hearing of the case, whichever is later. The decision of the Board may be delivered to the aggrieved party either by personal service or by registered mail or certified mail return receipt requested.

   The Board of Commissioners may from time to time amend any part of the text of this ordinance or amend the Official Zoning Map of the town.

   7.10.1   APPLICATION PROCEDURES

   A.   Pre-Application Process

   Every applicant for a rezoning or text amendment is required to meet with the Administrator in a pre-application conference prior to the submittal of a formal application. The purposes of this conference are to provide additional information regarding the review process and assistance in the preparation of the application.

   B.   Process Type: Legislative.

   C.   Required Application Information

   A petition for a text amendment or rezoning of a part of the town's official zoning map shall be filed on a form provided by the Administrator. Such petition shall contain all the information required on the form and must be determined to be complete by the Administrator prior to advancing it through the review process.

   D.   Determination of Compliance

   The Administrator shall review the application to ensure that it is complete. The Administrator shall prepare a report and recommendation on the application for Planning Board review & recommendation. After review and recommendation on the application by the Planning Board, the Board of Commissioners shall hold a public hearing on the proposal for official action.

   E.   Review Process & Public Hearing

      1.   Planning Board Recommendation

         a.   Upon determination of compliance by the Administrator, the Planning Board shall review and provide a recommendation to the Board of Commissioners on the application at the next available, regularly scheduled meeting.

         b.   If the Planning Board is able to reach a recommendation without further deliberation, the Planning Board shall submit a recommendation on the application and refer it to the Board of Commissioners for their consideration at the next available public hearing.

         c.   If the Planning Board determines that further deliberation on the application is required, the Planning Board shall deliver its recommendation to the Board of Commissioners within 45 days of its first consideration on the matter. If no recommendation is received from the Planning Board within 45 days of it first consideration on the matter, the Board of Commissioners shall proceed in its consideration of the matter without a recommendation from the Planning Board.

   7.11.3   REVIEW PROCESS AND PUBLIC HEARING

   The procedure for approval of a Conditional Zoning District shall follow the procedure for review of text amendments and rezonings (map amendments) as outlined in Section 7.10 .

   The zoning vested right is a right which must be requested by the applicant at the time of submittal and is established pursuant to G.S. § 160D-108 to undertake and complete the development and use of property under the terms and conditions of an approved plan.