(A)   Generally. The provisions of this subchapter shall be administered by the Administrator and any other officials designated by the City Council for the Administration of this chapter.

   (B)   Zoning inspection; duties specified. If the Administrator shall find that any of the provisions of this chapter are being violated, he or she shall cause notification, in writing, to the owner of the property upon which the violation is located, indicating the nature of the violation and order that necessary actions be taken to correct the deficiency. He or she shall order discontinuances of illegal uses of land, buildings or structures, removal of illegal buildings or structures or of illegal additions, alterations or structural changes, discontinuance of any illegal work being done and shall take any other action authorized by this chapter to ensure its compliance.

   (C)   Zoning permit and other development approval.

         (a)   These regulations govern the development and use of all land and structures in the City of Lincolnton planning jurisdiction. No building, structure, or land shall be used or occupied, and no building, structure, or part thereof shall be erected, constructed, reconstructed, moved, enlarged, or structurally altered, unless in conformity with all the provisions of these regulations for the district in which it is located and other applicable regulations, except as otherwise provided by these regulations.

         (b)   No person shall commence or proceed with development without first securing any required development approval from the city. A development approval shall be in writing and may contain a provision that the development shall comply with all applicable state and local laws. The city may issue development approvals in print or electronic form. Any development approval issued exclusively in electronic form shall be protected from further editing once issued.

         (c)   In accordance with G.S. § 160D-403, applications for zoning permits and other development approvals must be made by a person with a property interest in the property or a contract to purchase the property (the landowner, a lessee or person holding an option or contract to purchase or lease land, or an authorized agent of the landowner). An easement holder may also apply for development approval for such development as is authorized by the easement.

         (d)   No building, sign (except as otherwise indicated) or other structure shall be erected, moved or extended or enlarged or structurally altered; nor shall any building, sign or other structure be repaired exceeding $1,000 of market value of the repairs, nor shall any excavation or filling of any lot for the construction of any building be commenced until the Administrator has issued a zoning permit for the work or change in use, in accordance with a fee schedule established by the City Council.

         (a)   Signs listed under § 153.166 of this chapter;

         (b)   Construction of public utility lines (gas, electric, water, sewer, cable TV);

         (c)   Erection of a customary residential use television or FM radio reception antenna; and

         (d)   Rural mail boxes or roadside newspaper boxes.

         (a)   Except as provided in §§ 153.316 and 153.345 through 153.354 of this chapter or other specific applicable law or a different period is provided by a quasi-judicial development approval, any zoning permit and any other form of development approval issued in accordance with this chapter will expire one year after date of issuance if the work authorized by the zoning permit or other form of development approval has not been substantially commenced.

         (b)   Unless provided otherwise by this chapter or other specific applicable law or a longer period is provided by local ordinance, if after commencement the work or activity is discontinued for a period of 12 months after commencement, the development approval shall immediately expire. The time periods set out in this division shall be tolled during the pendency of any appeal. No work or activity authorized by any development approval that has expired shall thereafter be performed until a new development approval has been secured. Nothing in this division shall be deemed to limit any vested rights secured under G.S. § 160D-108.

         (c)   Once a zoning permit or other form of development approval has expired, construction work on the lot(s) in question cannot proceed until a new zoning permit or other required development approval has been issued.

         (a)   Zoning permits issued on the basis of dimensional plans approved by the Administrator authorize only the use, arrangement and construction set forth in the approved plans and applications.

         (b)   Use, arrangement or construction that materially differ from that authorized shall be deemed a violation of this chapter and shall be punishable as indicated under § 153.999 of this chapter.

         (c)   After a development approval has been issued, no deviations from the terms of the application or the development approval shall be made until written approval of proposed changes or deviations has been obtained.

         (d)   Unless provided otherwise by law, all rights, privileges, benefits, burdens, and obligations created by development approvals made pursuant to this chapter attach to and run with the land.

(Prior UDO, § 14.1) (Ord. passed - - ) Penalty, see § 153.999

   No structure hereafter erected, moved, structurally altered or changed in use shall be used or occupied until a certificate of compliance has been issued by the Administrator or his or her designee. Any certificate of compliance issued shall state that the structure is in compliance with the information stated on the zoning permit. A certificate of compliance shall not be issued unless the proposed use of the structure conforms to the applicable provisions of this chapter. If the certificate of compliance is denied, the Administrator shall state in writing the reasons for refusal and the applicant shall be notified of the refusal. A record of all certificates of compliance shall be kept on file in the office of the Administrator and copies shall be furnished, on request to all interested parties.

(Prior UDO, § 14.2) Penalty, see § 153.999

   Prior to the issuance of a zoning permit for the placement of a Class A manufactured home on an individual lot the applicant must request a designation of Class A status from the Administrator. In determining whether the proposed manufactured home, when placed on the lot, will meet the requirements for Class A manufactured homes, the applicant shall furnish information as the Administrator may request in order to make the determination. The information may include, but shall not be limited to manufacturer’s specifications and drawings, photographs, site plan and elevation drawings. Prior to issuance of a certificate of occupancy by the County Building Inspections Department, the owner shall obtain a certificate of compliance as issued by the Administrator who shall inspect the manufactured home and determine that it meets all the requirements for a Class A manufactured home.

(Prior UDO, § 14.3) Penalty, see § 153.999

   (A)   Statement of intent. The purpose of these requirements is to promote the orderly development of certain activities in the city and to ensure that the activities are developed in a manner harmonious with surrounding properties and in the interest of the general public welfare. To achieve these ends and to assure compliance with all applicable requirements of this chapter, site plans for certain uses of land shall be submitted to and reviewed by the Administrator.

   (B)   Development and uses requiring a site plan.

      (1)   Site plan review shall be required for all uses and development other than one- or two- family residential uses and the accessory structures.

      (2)   Provided however, the Administrator may waive site plan requirements in either of the following cases when it is determined that the submission of a site plan would serve no useful purpose:

         (a)   Accessory structures;

         (b)   Any enlargement of a building by less than 33% of the existing size provided the enlargement will not result in a requirement for additional parking;

         (c)   A change in use where no changes are being made to the building coverage area, off-street parking area or other external site characteristics; and

         (d)   Review by the Staff Review Committee may not be required for new construction with a gross floor area of less than 5,000 square feet when the Administrator feels that site plan review would serve no useful purpose. Nevertheless, all site plans shall be reviewed by the Administrator as required in divisions (C) and (D) below of this section within five working days from the date of submittal.

   (C)   Procedure for preparation.

      (1)   Site plan or any portion thereof shall be prepared by an engineer, architect, landscape architect or land surveyor who is authorized by the state to practice as such;

      (2)   Site plans shall be prepared to a scale of one inch equals 50 feet or larger;

      (3)   A site plan may be prepared in one or more sheets to show clearly the information required by this section and to facilitate the review and approval of the site plan;

      (4)   All horizontal dimensions shown on the site plan shall be in feet;

      (5)   Decimal fractions of a foot shall be to the closest one-hundredth of a foot and all bearings shall be indicated in degrees, minutes and seconds;

      (6)   Every site plan shall show the name and address of the owner or developer, the north arrow, the date, the scale of the drawing and the number of sheets. In addition, it shall reserve a blank space three inches wide by five inches long for city use; and

      (7)   Five paper copies and one digital copy of the site plan shall be submitted to the Administrator for review. The Administrator may request additional copies for outside agency review.

   (D)   Required information on site plans. All site plans shall contain the following information:

      (1)   Location of the tract on an inset map at a scale of not less than one inch equal to 2,000 feet indicating the scale, the north-arrow and information such as the names and numbers of adjoining roads, streams, subdivisions or other landmarks, sufficient to clearly identify the location of the property;

      (2)   A boundary survey of the tract by bearings and distances certified by a licensed land surveyor or engineer;

      (3)   The location and dimensions of any sidewalks and curbs and gutters to be installed along public street frontages;

      (4)   All existing property lines; existing streets and easements, the names, numbers and widths; the location and size of existing sanitary and storm sewers, gas lines, water mains, culverts and other utilities and the easements; existing buildings; existing watercourses; and any other prominent physical features on or adjoining the tract;

      (5)   Existing zoning and zoning district boundaries on the tract and on adjoining properties;

      (6)   The present use of all adjoining properties;

      (7)   Existing topography with contours drawn at two-foot intervals. This requirement for topography information may be waived by the Administrator for developments smaller than one acre in size and where he or she determines that there are insufficient topography changes to make the information necessary;

      (8)   Proposed changes in zoning, if any;

      (9)   The proposed location, general use, number of floors, height and floor area for each building, and, where applicable, the number, size and type of dwelling units;

      (10)   All off-street loading spaces, parking and walkways indicating the type of surfacing, size, angle of stalls, width of aisles and a specific schedule showing the number of parking spaces provided;

      (11)   All proposed water and sanitary sewer facilities, indicating all pipe sizes, types and grades and where connection is to be made to city or other utility systems; all proposed gas lines and other utilities and the easements;

      (12)   The location, dimensions and character of construction of proposed streets, alleys, driveways and the location, type and size of vehicular entrances to the site;

      (13)   Proposed finished grading at two-foot intervals and/or by spot elevations. This requirement may be waived in the same manner as in division (D)(7) above;

      (14)   Provisions for the adequate disposition of natural and stormwater indicating location, and stormwater indicating location, sizes, types and grades of ditches, catch basins, pipes, retention facilities and connections to existing drainage systems or suitable outlet;

      (15)   Provisions for the adequate control of erosion and sedimentation indicating the proposed temporary and permanent control practices and measures that will be implemented during all phases of clearing, grading and construction;

      (16)   Delineation of any flood hazard areas as shown on the city’s FEMA maps;

      (17)   Location, type, size and height of fencing, retaining walls and screen planting where required under the provisions of this or any other city ordinance;

      (18)   The location of wooded areas on the property and the location of trees and wooded areas that will be retained;

      (19)   The location and dimensions of proposed recreation areas, open space and required amenities and improvements;

      (20)   The location, character, size, height and orientation of proposed signs and outdoor lighting systems; and

      (21)   Manufacturing, refining, processing and assembly type land uses shall provide the following additional information:

         (a)   Water usage information including estimated short term and long term water usage projections, total gallons per day usage, maximum gallons per minute and duration of maximum gallons per minute.

         (b)   Water pressure requirements to accommodate the proposed use including the requested maximum and minimum pressure needs.

         (c)   Water pressure requirements to accommodate fire suppression system, if applicable, including maximum and minimum pressure requested and gallons per minute draw.

         (d)   Wastewater discharge information including estimated short term and long term wastewater discharge projections, total maximum discharge, time and duration of discharge and average daily and 30 minute peak wastewater flow rates, including daily, monthly and seasonal variations if any.

         (e)   Traffic volumes generated by the existing and proposed development, including the morning peak, afternoon or evening peak and average daily traffic levels based on the latest edition of the ITE Trip Generation Manual. In the event the projected traffic volumes are likely to significantly impact the street network, a traffic impact analysis of the proposed development may be required.

            1.   Generally, a traffic impact analysis may be required whenever a development is expected to generate 100 or more new inbound or outbound trips during the peak hours. Even if the development does not generate the threshold level of trips, a traffic impact analysis may still be necessary under the following conditions:

               a.   High traffic volumes on surrounding roads that may affect movement to and from the proposed development;

               b.   High accident locations in the vicinity;

               c.   Lack of existing turn lanes on the adjacent roadway at the proposed access drive(s);

               d.   Inadequate sight distance at access points; or

               e.   The proximity of the proposed access points to other existing drives or intersections.

            2.   The traffic impact analysis shall be prepared under the direct charge of and sealed by a licensed North Carolina professional engineer with expertise in traffic engineering; and

            3.   The traffic impact analysis shall conform with the NCDOT Policy on Street and Driveway Access to North Carolina Highways, Chapter 5 or as determined by city staff.

   (E)   Compliance with other requirements. All features and elements of the site plan shall in all respects conform to all applicable provisions and standards of the General Statutes of the state; the ordinances of the city; and the standards and requirements of the State Department of Transportation and the State Department of Health and Environment.

   (F)   Procedure for processing.

      (1)   The Administrator shall review all site plans submitted to him or her. The Administrator shall verify the completeness and compliance of the site plan and circulate the site plan to the relevant city, county and state agencies and officials for comments as to the proposed development’s conformance to all applicable standards and requirements and whether approval of the site plan is recommended.

      (2)   The reviewing agencies and officials may include, but need not be limited to:

         (a)   City Director of Public Works and Utilities;

         (b)   City Engineer;

         (c)   City Fire Department;

         (d)   City Police Department;

         (e)   County Planner;

         (f)   Superintendent of County Schools;

         (g)   County Health and Environmental Health Departments;

         (h)   State Department of Transportation;

         (i)   State Department of Health and Environment; and

         (j)   U.S. Soil Conservation Services, District Office.

      (3)   Except under abnormal circumstances, within 21 days of the receipt of the site plan the Administrator shall approve, approve subject to conditions or disapprove the site plan and notify the applicant in writing of the action taken. In cases when the site plan approval is subject to conditions or when the site plan is denied approval, the Administrator shall set forth in writing any conditions or changes that might make the site plan acceptable.

      (4)   An applicant may appeal any decision of the Administrator in accordance with § 153.276 of this chapter.

(Prior UDO, § 14.4) (Ord. ZTA-2-2014, passed 7-10-2014; Ord. O-5-23, passed 4-6-2023) Penalty, see § 153.999

   Whenever a violation of this chapter occurs, or is alleged to have occurred, any person may file a written complaint. The complaint stating fully the cause and basis thereof shall be filed with the Administrator who shall properly record the complaint, immediately investigate, and take action as provided by this chapter.

(Prior UDO, § 14.7)

   Any of the following shall be a violation of this chapter and shall be subject to the enforcement remedies and penalties provided by this subchapter and by state law:

(Ord. O-5-23, passed 4-6-2023)

   It is the intention of this chapter, unless otherwise provided, that all questions arising in connection with the enforcement of this chapter shall be presented first to the UDO administrator and that such questions shall be presented to the Board of Adjustment only on appeal from the UDO Administrator's decision. An appeal from the decision of the Board of Adjustment shall be by proceedings in the nature of certiorari to the Superior Court as provided by law and must be filed with the City Clerk within the 30-day appeal period described in section 153.268(B). It is further the intention of this chapter that the duties of the City Council in connection with this chapter shall not include the hearing and passing upon disputed questions that may arise in connection with the enforcement thereof.

(Ord. O-5-23, passed 4-6-2023)

   When the UDO Administrator (or agent of) finds a violation of this chapter or receives a complaint alleging a violation of this chapter, it shall be his duty to notify the owner or occupant of the land, building, structure, sign, or use of the violation. The owner or occupant shall immediately remedy the violation.

      (1)   That the land, building, sign, structure, or use is in violation of this chapter;

      (2)   The nature of the violation, and citation of the section of this chapter violated; and

      (3)   The measures necessary to remedy the violation.

(Ord. O-5-23, passed 4-6-2023)

   Any one or all of the following procedures may be used to enforce the provisions of this chapter:

(Ord. O-5-23, passed 4-6-2023)

(Ord. O-5-23, passed 4-6-2023)

(Ord. O-5-23, passed 4-6-2023)

      (1)   A written copy of the City Council's or Board of Adjustment's decision has been filed in the office of the UDO Administrator.

      (2)   A written copy of the City Council's or Board of Adjustment's decision has been delivered, by personal service or certified mail, return receipt requested, to the applicant or appellant and every other aggrieved party who has filed a written request for such copy at the hearing of the case.

      (3)   A copy of the writ of certiorari shall be served upon the City of Lincolnton.

(Ord. O-5-23, passed 4-6-2023)