Effective on: 1/1/1901

1. A.
   To review, hold public hearings and make decisions for Text Amendments and Map Amendments;
2. B.
   To make decisions on all issues related to the Zoning Ordinance, Zoning Map, Comprehensive Plan and other land use plans which may be adopted from time to time;
3. C.
   To decide upon alternate design plans set forth in Section 2.2.7;
4. D.
   The duties of the City Council in connection with this Ordinance shall not include the hearing and passing upon of disputed questions that may arise in connection with the enforcement thereof, but the procedure for determining such questions shall be as prescribed in this Ordinance; and
5. E.
   To enter into development agreements per NCGS 160D-1001 et seq.

Effective on: 5/1/2023

Effective on: 1/1/1901

Step 1 Pre-application Discussion

Step 2 Applicant Submits Application & Site Plan

Step 3 Notice of Public Hearing

Step 4 Board of Adjustment Public Hearing & Decision

Step 5 Additional Approvals (as Required)

Step 1. Pre-Application Discussion with Sketch Plan (optional)

To minimize costs, avoid misunderstanding or misinterpretation, and ensure compliance with the requirements of this Ordinance, pre-application consultation between the applicant and the Zoning Administrator concerning the application is recommended. The Zoning Administrator shall review the request and discuss it with the applicant.

Step 2. Applicant Submits Application and Site Plan

1. A.
   The applicant shall submit the application, fee and the Site Plan that provides, at a minimum, the following information:

   1. 1.
      Survey of the property at a scale no smaller than one inch equals 50 feet (1”=50’)
   2. 2.
      North arrow
   3. 3.
      Lot lines with bearings and distances
   4. 4.
      Zoning district and applicable overlay districts
   5. 5.
      Adjacent property owner names, parcel numbers and zoning
   6. 6.
      Total acreage
   7. 7.
      Proposed buildings and parking
   8. 8.
      Existing and proposed impervious area in square feet and as a percentage of the site
   9. 9.
      Proposed building setbacks (as they relate to the variance request)
   10. 10.
       Any other information pertinent to providing substantial, material, and competent evidence of a hardship preventing reasonable use of the property if the requirements of the Zoning Ordinance are followed.
2. B.
   The following submittal requirements may be altered by the Zoning Administrator as applicable:

   1. 1.
      Five (5) full-size paper copies of the Site Plan for the Board of Adjustment
   2. 2.
      One (1) digital copy in PDF format or comparable format

Step 3. Notice of Public Hearing

The Zoning Administrator shall provide notice of the public hearing in the following manner as prescribed by NCGS 160D- 406. Notice of Board of Adjustment hearings shall be mailed to the person or entity whose appeal, application, or request is the subject of the hearing; to the owner of the property that is the subject of the hearing if the owner did not initiate the hearing; and to the owners of all parcels of land abutting the parcel of land that is the subject of the hearing. In the absence of evidence to the contrary, the City may rely on the county tax listing to determine owners of property entitled to mailed notice. The notice must be deposited in the mail at least 10 days, but not more than 25 days, prior to the date of the hearing. Within that same time period, the City shall also prominently post a notice of the hearing on the site that is the subject of the hearing or on an adjacent street or highway right-of-way.

Step 4. Board of Adjustment Public Hearing and Decision

1. A.
   The Board of Adjustment shall conduct a quasi-judicial public hearing. Sworn testimony shall be provided by witnesses speaking before the Board on the matter. When unnecessary hardships would result from carrying out the strict letter of a zoning ordinance, the Board of Adjustment shall vary any of the provisions of the ordinance upon a showing of all of the following:

   1. 1.
      Unnecessary hardship would result from the strict application of the ordinance. It shall not be necessary to demonstrate that, in the absence of the variance, no reasonable use can be made of the property.
   2. 2.
      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.
   3. 3.
      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 shall not be regarded as a self-created hardship.
   4. 4.
      The requested variance is consistent with the spirit, purpose, and intent of the ordinance, such that public safety is secured, and substantial justice is achieved.
2. B.
   No change in permitted uses may be authorized by variance.
3. C.
   Appropriate conditions may be imposed on any variance, provided that the conditions are reasonably related to the variance. Any other ordinance that regulates land use or development may provide for variances consistent with the provisions of this subsection.
4. D.
   The concurring vote of four-fifths (⅘) of the Board shall be necessary to grant a variance. For the purposes of this subsection, vacant positions on the Board and members who are disqualified from voting on a quasi-judicial matter shall not be considered members of the Board for calculation of the requisite majority if there are no qualified alternates available to take the place of such members.
5. E.
   The Board shall determine contested facts and make its decision within a reasonable time. Every quasi-judicial decision shall be based upon competent, material, and substantial evidence in the record. Each quasi-judicial decision shall be reduced to writing and reflect the Board's determination of contested facts and their application to the applicable standards. The written decision shall be signed by the chair or other duly authorized member of the Board. A quasi-judicial decision is effective upon filing the written decision with the clerk to the Board or such other office or official as the ordinance specifies. The decision of the Board shall be delivered by personal delivery, electronic mail, or by first-class mail to the applicant, property owner, and to any person who has submitted a written request for a copy, prior to the date the decision becomes effective. The person required to provide notice shall certify that proper notice has been made.
6. F.
   Every quasi-judicial decision shall be subject to review by the superior court by proceedings in the nature of certiorari pursuant to NCGS 160D-1402. A petition for review shall be filed with the clerk of superior court by the later of 30 days after the decision is effective or after a written copy thereof is given in accordance this Section. When first-class mail is used to deliver notice, three (3) days shall be added to the time to file the petition.
7. G.
   The chair of the Board or any member acting as chair and the clerk to the Board are authorized to administer oaths to witnesses in any matter coming before the Board. Any person who, while under oath during a proceeding before the Board of Adjustment, willfully testifies falsely is guilty of a Class 1 misdemeanor.

Step 5: Additional Approvals (as required)

Following the approval of a variance by the Board of Adjustment, the applicant may need to obtain additional approvals which may include subdivision, Zoning Permit, or Building Permit approval before work may begin.

Effective on: 5/1/2023

Step 1 Pre-application Discussion (optional)

Step 2 Applicant Submits Application

Step 3 Notice of Public Hearing

Step 4 Board of Adjustment Public Hearing & Decision

Step 5 Additional Approvals (as Required)

Step 1. Pre-Application Discussion (optional)

1. A.
   The Board of Adjustment shall hear and decide appeals of decisions of administrative officials charged with enforcement of the Zoning Ordinance and may hear appeals arising out of any other ordinance that regulates land use or development, pursuant to all of the following:

   1. 1.
      Any person who has standing under NCGS 160D-405, or the City, may appeal a decision to the Board of Adjustment.
   2. 2.
      The official who made the decision shall give written notice to the owner of the property that is the subject of the decision and to the party who sought the decision, if different from the owner.
   3. 3.
      The written notice shall be delivered by personal delivery, electronic mail, or by first-class mail.
   4. 4.
      The owner or other party shall have 30 days from receipt of the written notice within which to file an appeal. Any other person with standing to appeal shall have 30 days from receipt from any source of actual or constructive notice of the decision within which to file an appeal.
   5. 5.
      An appeal of a notice of violation or other enforcement order stays enforcement of the action appealed from unless the official who made the decision certifies to the Board of adjustment after notice of appeal has been filed that because of the facts stated in an affidavit, a stay would cause imminent peril to life or property or because the violation is transitory in nature, a stay would seriously interfere with enforcement of the ordinance. In that case, enforcement proceedings shall not be stayed except by a restraining order, which may be granted by a court. If enforcement proceedings are not stayed, the appellant may file with the official a request for an expedited hearing of the appeal, and the Board of adjustment shall meet to hear the appeal within 15 days after such a request is filed. Notwithstanding the foregoing, appeals of decisions granting a permit or otherwise affirming that a proposed use of property is consistent with the ordinance shall not stay the further review of an application for permits or permissions to use such property; in these situations the appellant may request and the Board may grant a stay of a final decision of permit applications or building permits affected by the issue being appealed.
   6. 6.
      The Board of Adjustment shall hear and decide the appeal within a reasonable time.
2. B.
   To minimize costs, avoid misunderstanding or misinterpretation, and ensure compliance with the requirements of this Ordinance, pre-application consultation between the applicant and the Zoning Administrator concerning the application is recommended. The Zoning Administrator shall review the request and discuss it with the applicant.
3. C.
   The parties to an appeal that has been made under this subsection may agree to mediation or other forms of alternative dispute resolution.

Step 2. Applicant Submits Application and Site Plan

The applicant shall submit the application, fee and any other information pertinent to the appeal request.

Step 3. Notice of Public Hearing

The Zoning Administrator shall provide notice of the public hearing in the following manner as prescribed by NCGS 160D-302 and 160D-406.  Notice of hearing shall be mailed to the person or entity whose application is the subject of the hearing, to the owner of the property that is the subject of the hearing (if the owner did not initiate the hearing), and to owners of property adjacent to the property for which the Variance is requested. The mailed notices shall be deposited in the mail at least 10 days, but no more than 25 days, prior to the date of the hearing. The City shall also prominently post a notice of the hearing on the site that is the subject of the hearing on an adjacent street or highway right-of-way. This notice shall be posted at least 10 days, but no more than 25 days, prior to the date of the hearing.

Step 4. Board of Adjustment Public Hearing and Decision

1. A.
   The official who made the decision being appealed shall transmit to the Board all documents and exhibits constituting the record upon which the action appealed from is taken. The official shall also provide a copy of the record to the appellant and to the owner of the property that is the subject of the appeal if the appellant is not the owner.
2. B.
   The Board of Adjustment shall conduct a quasi-judicial public hearing. Sworn testimony shall be provided by witnesses speaking before the Board on the matter.
3. C.
   The official who made the decision shall be present at the hearing as a witness. The appellant shall not be limited at the hearing to matters stated in the notice of appeal. If any party or the City would be unduly prejudiced by the presentation of matters not presented in the notice of appeal, the Board shall continue the hearing. The Board of Adjustment may reverse or affirm, wholly or partly, or may modify the decision appealed from and shall make any order, requirement, decision, or determination that ought to be made. The Board shall have all the powers of the official who made the decision.
4. D.
   When hearing an appeal pursuant to NCGS 160D-947, or any other appeal in the nature of certiorari, the hearing shall be based on the record below and the scope of review shall be as provided in NCGS 160D-1402.
5. E.
   A simple majority of the members of the Board of Adjustment shall be required to determine an appeal made in the nature of certiorari. For the purposes of this subsection, vacant positions on the Board and members who are disqualified from voting on a quasi-judicial matter shall not be considered members of the Board for calculation of the requisite majority if there are no qualified alternates available to take the place of such members.
6. F.
   The Board shall determine contested facts and make its decision within a reasonable time. Every quasi-judicial decision shall be based upon competent, material, and substantial evidence in the record. Each quasi-judicial decision shall be reduced to writing and reflect the Board's determination of contested facts and their application to the applicable standards. The written decision shall be signed by the Chair or other duly authorized member of the Board. A quasi-judicial decision is effective upon filing the written decision with the clerk to the Board or such other office or official as the ordinance specifies. The decision of the Board shall be delivered by personal delivery, electronic mail, or by first-class mail to the applicant, property owner, and to any person who has submitted a written request for a copy, prior to the date the decision becomes effective. The person required to provide notice shall certify that proper notice has been made.
7. G.
   Every quasi-judicial decision shall be subject to review by the superior court by proceedings in the nature of certiorari pursuant to NCGS 160A-393. A petition for shall be filed with the clerk of superior court by the later of 30 days after the decision is effective or after a written copy thereof is given in accordance with subdivision (1) of this subsection. When first-class mail is used to deliver notice, three (3) days shall be added to the time to file the petition.

Step 5: Additional Approvals (as required)

Following any reversal of a decision by the Board of Adjustment, the applicant may need to obtain additional approvals which may include Zoning Permit and Building Permit approval before any work may begin.

Effective on: 5/1/2023

Step 1 Pre-application Discussion (optional)

Step 2 Applicant Submits Application

Step 3 Notice of Public Hearing

Step 4 Board of Adjustment Public Hearing & Decision

Step 5 Additional Approvals (as Required)

Step 1. Pre-Application Discussion (optional)

To minimize costs, avoid misunderstanding or misinterpretation, and ensure compliance with the requirements of this Ordinance, pre-application consultation between the applicant and the Zoning Administrator concerning the Certificate of Nonconformity Adjustment application is recommended. The Zoning Administrator shall review the request and discuss it with the applicant.

Step 2. Applicant Submits Application and Site Plan (if applicable)

1. A.
   If the request for a Certificate of Nonconformity Adjustment involves new construction, addition, or the use of previously vacant land, then the applicant shall provide a Site Plan with the application and fee. The Site Plan shall provide, at a minimum, the following information:

   1. 1.
      Survey of the property at a scale no smaller than one inch equals 50 feet (1”=50’)
   2. 2.
      North arrow
   3. 3.
      Lot lines with bearings and distances
   4. 4.
      Zoning district and applicable overlay districts
   5. 5.
      Adjacent property owner names, parcel numbers and zoning
   6. 6.
      Total acreage
   7. 7.
      Proposed buildings and parking
   8. 8.
      Impervious area in total area and as a percentage of the site
   9. 9.
      Proposed building setbacks (as they relate to the variance request)
   10. 10.
       Any other information pertinent to providing substantial, material, and competent evidence of a hardship preventing reasonable use of the property if the requirements of the Zoning Ordinance are followed.
2. B.
   The following submittal requirements may be altered by the Zoning Administrator as applicable.

   1. 1.
      Five (5) full-size paper copies of the Site Plan for the Board of Adjustment
   2. 2.
      One (1) digital copy in PDF format or comparable format

Step 3. Notice of Public Hearing

The Zoning Administrator shall provide notice of the public hearing in the following manner as prescribed by NCGS 160D-406. Notice of hearing shall be mailed to the person or entity whose application is the subject of the hearing, to the owner of the property that is the subject of the hearing (if the owner did not initiate the hearing), and to owners of property adjacent to the property for which the Variance is requested. The mailed notices shall be deposited in the mail at least 10 days, but no more than 25 days, prior to the date of the public hearing. The City shall also prominently post a notice of the hearing on the site that is the subject of the hearing on an adjacent street or highway right-of-way. This notice shall be posted at least 10 days, but no more than 25 days, prior to the date of the hearing.

Step 4. Board of Adjustment Public Hearing and Decision

1. A.
   The Board of Adjustment shall conduct a quasi-judicial public hearing. Sworn testimony shall be provided by witnesses speaking before the Board on the matter. The Board of Adjustment shall make the following findings-of-fact in granting a Certificate of Nonconformity Adjustment:

   1. 1.
      The request will not increase the intensity of an existing nonconforming use by substantially increasing noise, traffic, or other measurable physical effects.
   2. 2.
      The Certificate of Nonconformity Adjustment is necessary to continue the use of the property in the same manner that it has been used in the past.
   3. 3.
      The nonconforming situation is being presented in a way that does not detract from the property values or aesthetics of the surrounding area.
   4. 4.
      The requested Certificate of Nonconformity Adjustment is consistent with the spirit, purpose, and intent of ordinance, such that public safety is secured, and substantial justice is achieved.
2. B.
   A simple majority of the members of the Board of Adjustment shall be required to grant a Certificate of Nonconformity Adjustment. For the purposes of this subsection, vacant positions on the Board and members who are disqualified from voting on a quasi-judicial matter shall not be considered members of the Board for calculation of the requisite majority if there are no qualified alternates available to take the place of such members.
3. C.
   The Board shall determine contested facts and make its decision within a reasonable time. Every quasi-judicial decision shall be based upon competent, material, and substantial evidence in the record. Each quasi-judicial decision shall be reduced to writing and reflect the Board's determination of contested facts and their application to the applicable standards. The written decision shall be signed by the Chair or other duly authorized member of the Board. A quasi-judicial decision is effective upon filing the written decision with the clerk to the Board or such other office or official as the ordinance specifies. The decision of the Board shall be delivered by personal delivery, electronic mail, or by first-class mail to the applicant, property owner, and to any person who has submitted a written request for a copy, prior to the date the decision becomes effective. The person required to provide notice shall certify that proper notice has been made.
4. D.
   Every quasi-judicial decision shall be subject to review by the superior court by proceedings in the nature of certiorari pursuant to NCGS 160D-1402. A petition for review shall be filed with the clerk of superior court by the later of 30 days after the decision is effective or after a written copy thereof is given in accordance with subdivision (1) of this subsection. When first-class mail is used to deliver notice, three (3) days shall be added to the time to file the petition.

Step 5: Additional Approvals (as required)

Following the approval of a Certificate of Nonconformity Adjustment by the Board of Adjustment, the applicant may need to obtain additional approvals which may include Zoning Permit and/or Building Permit approval before work may begin.

Effective on: 5/1/2023

Step 1 Pre-application Discussion
Step 2 Applicant Submits Application & Design Proposal
Step 3a Development and Design Services Department Review		Step 3b TRC Review
Step 4 Planning & Zoning Commission Review and Recommendation
Step 5 Notice of Public Hearing
Step 6 City Council Public Hearing and Decision
Step 7 Additional Approvals (as required)

Step 1. Pre-Application Discussion (required)

To minimize costs, avoid misunderstanding or misinterpretation, and ensure compliance with the requirements of this Ordinance, pre-application consultation between the applicant and the Zoning Administrator concerning the Alternative Design Proposal application is required. The Zoning Administrator shall review the request and discuss it with the applicant.

Step 2. Applicant Submits Application and Design Proposal

1. The applicant shall submit the application, fee and the Site Plan that provides the following information:
   1. Title
   2. Original submittal date and revision dates
   3. Vicinity map
   4. North arrow
   5. Scale {no smaller than one inch equals 50 feet (1”=50’)}
   6. Lot lines with bearings and distances
   7. Zoning district and applicable overlay districts
   8. Adjacent property owner names, parcel numbers and zoning
   9. Total acreage
   10. Acreage in right-of-way
   11. Density per acre (for multi-family residential)
   12. Parking
   13. Existing and proposed impervious area in total area and as a percentage of the site
   14. Building setbacks in table format and building envelopes show on lots
   15. Existing Features Plan (for development sites of greater than one (1) acre) showing property boundaries; existing structures; topographical contour lines, a minimum of five (5) foot intervals, the location of severely constraining elements such as steep slopes (over 20 percent), wetlands, watercourses, perennial streams, intermittent streams and 100-year floodplains and all rights-of-way and easements; and the location of significant features such as woodlands, tree lines, open fields or meadows, scenic views into or out from the property, watershed divides and drainage ways, fences or stone walls, rock outcrops and existing structures, streets, tracks and trails.
   16. NCDOT driveway approval (if applicable)
   17. Grading Plan for construction (if applicable)
   18. Soil and Erosion Control Plan (if applicable)
   19. NCDENR Soil and Erosion Control approval (if applicable)
   20. Watershed/Stormwater Plan (if applicable)
   21. Landscaping Plan
   22. Utility Plan
   23. Lighting Plan (if applicable)
   24. Building Elevations showing:
       1. Exterior wall material
       2. Roof materials
       3. Dimensions including building height, width and roof slope
       4. Front façade window dimensions including sill height, window height, window width and window area.
2. On the application, the applicant shall state how the design proposal differs from the requirements of ARTICLE 4 and how the alternative design will substantially achieve the same intent as the requirements of ARTICLE 4.
3. The following submittal requirements may be altered by the Zoning Administrator as applicable:
   1. Five (5) full-size paper copies for review and revisions
   2. One (1) digital copy in PDF format or comparable format

Step 3A and B. Development and Design Services Department/Technical Review Committee Review

1. The Zoning Administrator, Development and Design Services Department and Technical Review Committee shall review the Alternative Design Proposal in accordance with the requirements of this Ordinance and any other applicable local, state, or federal requirements.
2. The Technical Review Committee may provide comments to the Zoning Administrator regarding the proposed development. The Zoning Administrator shall include these comments in its report to the Planning & Zoning Commission and City Council.

Step 4. Notice of Planning and Zoning Commission Review

1. Notice of the review by the Planning & Zoning Commission shall be published in a newspaper of general circulation in the City at least seven (7) days prior to the date of the review, shall give notice of the alternative design being considered and shall generally identify any property under consideration.
2. The owners of all parcels of land adjacent thereto as shown on the tax records for Burke County shall be mailed a notice of the hearing and of the proposed alternative design by First Class Mail at the last addresses shown for such owners on the County Tax Abstracts at least seven (7) days prior to the review.
3. Further, signs shall be posted on or near such property notifying the public of time, date and location of the review. The person or persons mailing written notices or posting the property shall certify to the Planning & Zoning Commission that fact and such certificate shall be deemed conclusive in the absence of fraud and the notice of such review sufficient.

Step 5. Planning & Zoning Commission Review and Recommendation

1. The Zoning Administrator shall present any properly completed application for Alternative Design Proposals to the Planning & Zoning Commission at a regularly scheduled meeting.
2. The Planning & Zoning Commission shall review the proposal and recommend approval, approval with conditions or denial of the proposal by simple majority vote of those present and voting. The Planning & Zoning Commission shall include with its recommendation a written statement regarding the consistency of the request with the Comprehensive Plan and other adopted City plans and policies and the surrounding area.

Step 6. Notice of Public Hearing

1. A notice shall be published in a newspaper having general circulation in the City at least once not less than 10 days nor more than 25 days prior to the date established for the public hearing.
2. A notice of the public hearing shall also be sent by first class mail by the Zoning Administrator to the affected property owner and to all adjacent property owners.
3. The City shall conspicuously post a notice of public hearing at the subject property at least 10 days prior to the public hearing. The notice shall be removed only after the public hearing has been held.

Step 7. City Council Public Hearing and Decision

1. The Zoning Administrator shall transmit to the City Council a record of action taken on the Alternative Design Proposal by the Planning & Zoning Commission.
2. The City Council shall conduct a public hearing and include with its decision a written statement regarding the consistency of the request with the Comprehensive Plan and other adopted City plans and policies and the surrounding area.
3. Approval of an Alternative Design Proposal shall require a simple majority of City Council members present.

Step 8. Additional Approvals (as required)

Following the approval of an Alternative Design proposal by the City Council, the applicant may need to obtain additional approvals which may include Zoning Permit and Building Permit approval before any work may begin.

Effective on: 1/1/1901

Step 1 Pre-application Discussion
Step 2 Applicant Submits Application
Step 3a Development and Design Services Department Review		Step 3b TRC Review
Step 4 Notice of Planning & Zoning Commission Review
Step 5 Planning & Zoning Commission Review and Recommendation
Step 6 Notice of Public Hearing
Step 7 City Council Public Hearing and Decision

Step 1. Pre-Application Discussion (required)

To minimize costs, avoid misunderstanding or misinterpretation, and ensure compliance with the requirements of this Ordinance, pre-application consultation between the applicant and the Zoning Administrator concerning the proposed map amendment is required. The Zoning Administrator shall review the request and discuss it with the applicant.

Step 2. Applicant Submits Application

1. A.
   Applications to change, supplement or amend the Zoning Map may be initiated by the City Council, the Planning & Zoning Commission, or anyone who owns property or resides in the area of jurisdiction of this Ordinance or the agent of such person. The City’s Development and Design Department may also initiate such process by presentation to the Planning and Zoning Commission, for which no formal application is required.
2. B.
   Completed applications shall be received a minimum of 28 days prior to the Planning & Zoning Commission meeting at which the proposed amendment is scheduled to be considered.
3. C.
   The Zoning Administrator, before scheduling any map amendment for consideration by the Planning & Zoning Commission, shall ensure that it contains all the required information as specified in this Article and on the application form. Applications which are not complete, or otherwise do not comply with the provisions of this Article shall not be scheduled, but shall be returned to the applicant with a notation of the deficiencies in the application.
4. D.
   All applications for map amendments shall contain, at a minimum, a description of the proposed change.
5. E.
   Specific development proposals may not be considered by staff, the Planning & Zoning Commission, or the City Council. These entities may only consider the impacts of the proposed zoning district.

Step 3a/3b. Development and Design Services Department/Technical Review Committee Review

1. A.
   The Zoning Administrator and Development and Design Services Department shall review the proposed map amendment and prepare a staff report with an assessment of how the rezoning relates to the Comprehensive Plan and surrounding zoning and land uses. Staff shall also include all Technical Review Committee comments in the report.
2. B.
   The Technical Review Committee shall review the proposed map amendment and provide comments on how the rezoning will affect utilities, roads, and other infrastructure or services.

Step 4. Notice of Planning & Zoning Commission Review

1. A.
   Notice of the review by the Planning & Zoning Commission shall be published in a newspaper of general circulation in the City at least seven (7) days prior to the date of the review, shall give notice of the amendment or change being considered and shall generally identify any property under consideration for a change in zoning classification.
2. B.
   The owners of all parcels of land adjacent thereto as shown on the tax records for Burke County shall be mailed a notice of the hearing and of the proposed amendment or change to the zoning classification by First Class Mail at the last addresses shown for such owners on the County Tax Abstracts at least seven days prior to the review.
3. C.
   Further, signs shall be posted on or near such property notifying the public of time, date and location of the review. The person or persons mailing written notices or posting the property shall certify to the Planning & Zoning Commission that fact and such certificate shall be deemed conclusive in the absence of fraud and the notice of such review sufficient.
4. D.
   Notwithstanding the preceding, the mailing and posting of the notice required hereunder shall not apply to any repeal and/or recodification or rewrite of the entire Zoning Ordinance or total rezoning of all property within the zoning jurisdiction of the City. In those circumstances, a general notice of the public hearing published once a week for two (2) successive calendar weeks in a newspaper having general circulation in Morganton setting forth the date, time, place and purpose of the hearing shall be sufficient. Notice shall be published for the first time not less than 10 days nor more than 25 days before the date fixed for the review.

Step 5. Planning & Zoning Commission Recommendation and Review

1. A.
   The Zoning Administrator shall present any properly completed application for amendment to the Planning & Zoning Commission at a regularly scheduled meeting.
2. B.
   The Planning & Zoning Commission shall review on the proposed amendment and shall either recommend approval or denial of an amendment by simple majority vote of those present and voting. The Planning Board shall include with its recommendation a written statement regarding the consistency of the request with the Comprehensive Plan and other adopted City plans and policies and the surrounding area. A tie vote on a proposal shall be considered to be a recommendation for denial for such amendment. If the Planning & Zoning Commission should fail to act on any proposal amendment within 30 days after it is presented to the Commission such failure to act shall be considered to be a favorable recommendation for the purposes of this procedure.
3. C.
   Any proposed amendment which receives a recommendation for approval from the Planning & Zoning Commission shall be forwarded to the City Council for a public hearing. Any proposed amendment which receives a recommendation for denial from the Planning & Zoning Commission, shall not be forwarded to the City Council unless the applicant appeals such denial within 10 days of such Commission action. Such appeal shall be in writing requesting the City Council to hold a public hearing on the matter and shall be filed with the Zoning Administrator.

Step 6. Notice of Public Hearing

1. A.
   A notice shall be published in a newspaper having general circulation in the City once a week for two (2) consecutive weeks provided that the first notice is published not less than 10 days nor more than 25 days prior to the date established for the public hearing. The expanded published notice option for map amendments noted in Subsection (B) below shall consist of a notice not less than one-half (1/2) of the newspaper page in size.
2. B.
   A notice of the public hearing shall also be sent by first class mail by the Zoning Administrator or designee to the affected property and to all adjacent property owners. The mail notice shall not be required if a Rezoning (map amendment) directly affects more than 50 properties owned by a total of at least 50 different property owners. Instead the City may elect to use expanded published notice as noted above in Subsection (A). However, property owners whose addresses are not within the general circulation area of the newspaper shall still receive a notice of public hearing by first class mail.
3. C.
   The City shall conspicuously post a notice of public hearing at the site proposed for rezoning at least 10 days prior to the public hearing. When multiple parcels are included within a proposed map amendment, a posting on each individual parcel is not required, but the City shall post sufficient notices to provide reasonable notice to interested persons. The notice shall be removed only after the public hearing has been held.
4. D.
   For map amendments initiated by a third party, property owner(s) who are not signatories of the application for zoning map amendment must be notified through personal delivery or registered, certified, or delivery receipt mail. Such notice shall state the existing zoning classification and the classification requested by the third party and the date, time and location of the public hearing. The notice shall be written by the Zoning Administrator, yet the burden for making this actual notice is on the third party requesting the rezoning, the proof of which shall be provided to the Zoning Administrator prior to the public hearing. This requirement shall not apply if a map amendment is initiated by the City.

Step 7. City Council Public Hearing and Decision

1. A.
   The Zoning Administrator shall transmit to the City Council a record of action taken on the proposed amendment.
2. B.
   The City Council shall take such lawful action on such proposals as it may deem advisable provided that no zoning amendment shall be adopted until after a public hearing shall have been held.
3. C.
   The City Council shall include with its decision a written statement regarding the consistency of the request with the Comprehensive Plan and other adopted City plans and policies and the surrounding area.
4. D.
   Approval of a map amendment shall require a simple majority of City Council members present. In case, however of a protest against such change meeting the requirements of NCGS 160D-601 et seq., an amendment shall not become effective except by favorable vote of three-fourths (3/4) of all members of the City Council. The foregoing provisions concerning protests shall not be applicable to any amendment which initially zones property added to the territorial coverage of the Article as a result of annexation or otherwise.
5. E.
   No application for the same zoning district applicable to the same property or any part thereof shall be filed until the expiration of one (1) year from:

   1. 1.
      The date of final determination by the City Council; or,
   2. 2.
      The date of the public hearing or scheduled public hearing if the application is withdrawn after it has been advertised for public hearing.
   3. 3.
      Fee submitted for withdrawn cases shall not be refundable once the proposal has been advertised.

Step 8. Additional Approvals (as required)

Following the approval of a map amendment by the City Council, the applicant may need to obtain additional approvals which may include Zoning Permit and Building Permit approval before any work may begin.

Effective on: 5/1/2023

Step 1 Pre-application Discussion
Step 2 Applicant Submits Application
Step 3a Development and Design Services Department Review		Step 3b TRC Review
Step 4 Notice of Planning & Zoning Commission Review
Step 5 Planning & Zoning Commission Review and Recommendation
Step 6 Notice of Public Hearing
Step 7 City Council Public Hearing and Decision

Step 1. Pre-Application Discussion

To minimize costs, avoid misunderstanding or misinterpretation, and ensure compliance with the requirements of this Ordinance, pre-application consultation between the applicant and the Zoning Administrator concerning the proposed text amendment is required. The Zoning Administrator shall review the request and discuss it with the applicant.

Step 2. Applicant Submits Application

1. A.
   Applications to change, supplement or amend the Zoning Ordinance may be initiated by the City Council, the Planning & Zoning Commission, or anyone who owns property or resides in the area of jurisdiction of this Ordinance or the agent of such person. The City’s Development and Design Department may also initiate such process by presentation to the Planning and Zoning Commission, for which no formal application is required. 
2. B.
   The Zoning Administrator, before scheduling any text amendment for consideration by the Planning & Zoning Commission, shall ensure that it contains all the required information as specified in this Article and on the application form. Applications which are not complete, or otherwise do not comply with the provisions of this Article shall not be scheduled, but shall be returned to the applicant with a notation of the deficiencies in the application.
3. C.
   Completed applications shall be received a minimum of 28 days prior to the Planning & Zoning Commission meeting at which the proposed amendment is scheduled to be considered.
4. D.
   All applications for text amendments shall contain, at a minimum, a description of the proposed change, including the affected section numbers of the Zoning Ordinance and the proposed text.
5. E.
   Specific development proposals may not be considered by staff, the Planning & Zoning Commission, or the City Council. These entities may only consider the impacts of the proposed text on all affected zoning districts or potential development projects.

Step 3a/3b. Development and Design Services Department/Technical Review Committee Review

1. A.
   The Zoning Administrator and Development and Design Services Department shall review the proposed text amendment and prepare a staff report with an assessment of how the amendment relates to the Comprehensive Plan. Staff shall also include all Technical Review Committee comments in the report.
2. B.
   The Technical Review Committee shall review the proposed text amendment and provide comments on how the amendment supports the Comprehensive Plan. 

Step 4. Notice of Planning & Zoning Commission Review

A. Notice of the review by the Planning & Zoning Commission shall be published in a newspaper of general circulation in the City at least seven (7) days prior to the date of the review, shall give notice of the amendment or change being considered.

B. Notwithstanding the preceding, the mailing and posting of the notice required hereunder shall not apply to any repeal and/or recodification or rewrite of the entire Zoning Ordinance. In that circumstances, a general notice of the public hearing published once a week for two (2) successive calendar weeks in a newspaper having general circulation in Morganton setting forth the date, time, place and purpose of the hearing shall be sufficient. Notice shall be published for the first time not less than 10 days nor more than 25 days before the date fixed for the review.

Step 5. Planning & Zoning Commission Recommendation and Review

1. A.
   The Development and Design Services department staff shall present any properly completed application for amendment to the Planning & Zoning Commission at a regularly scheduled meeting.
2. B.
   The Planning & Zoning Commission shall review on the proposed amendment and shall either recommend approval or denial of an amendment by simple majority vote of those present and voting. The Planning Board shall include with its recommendation a written statement regarding the consistency of the request with the Comprehensive Plan and other adopted City plans and policies and the surrounding area. A tie vote on a proposal shall be considered to be a recommendation for denial for such amendment. If the Planning & Zoning Commission should fail to act on any proposal amendment within 30 days after it is presented to the Commission such failure to act shall be considered to be a favorable recommendation for the purposes of this procedure.
3. C.
   Any proposed amendment which fails to receive a favorable recommendation from the Planning & Zoning Commission shall be considered to have a recommendation for denial unless a person who has the authority to initiate that type of proposal appeals such denial within 10 days of such Commission action. Such appeal shall be in writing requesting the City Council to hold a public hearing on the matter and shall be filed with the Development and Design Services Department.

Step 6. Notice of Public Hearing

A notice shall be published in a newspaper having general circulation in the City once a week for two (2) consecutive weeks provided that the first notice is published not less than 10 days nor more than 25 days prior to the date established for the public hearing.

Step 7. City Council Public Hearing and Decision

1. A.
   The Development and Design Services Department staff shall transmit to the City Council a record of action taken by the Planning & Zoning Commission on the proposed amendment.
2. B.
   The City Council shall take such lawful action on such proposals as it may deem advisable provided that no zoning amendment shall be adopted until after a public hearing shall have been held.
3. C.
   The City Council shall include with its decision a written statement regarding the consistency of the request with the Comprehensive Plan and other adopted City plans and policies and the surrounding area.
4. D.
   Approval of a text amendment shall require a simple majority of City Council members present.

Step 8. Additional Approvals (as required)

Following the approval of a text amendment by the City Council, an applicant may need to obtain additional approvals which may include Zoning Permit and Building Permit approval before any work may begin.
(Ord. No. 21-15, 05/03/2021)

Effective on: 5/1/2023

Effective on: 1/1/1901

Effective on: 1/1/1901

Effective on: 1/1/1901

1. A.
   To make studies of the City and surrounding areas;
2. B.
   To determine objectives to be sought in the development of the City;
3. C.
   To propose and recommend plans for achieving these objectives;
4. D.
   To develop and recommend to the City Council policies, ordinances, administrative procedures and other means for carrying out plans in a coordinated and efficient manner;
5. E.
   To advise the City Council concerning the use and amendment of means for carrying out plans;
6. F.
   To designate redevelopment areas; and
7. G.
   To review and approve alternative design plans as set forth in Section 2.2.

Effective on: 5/1/2023

Effective on: 1/1/1901

1. A.
   To hear and decide appeals from any order, requirement, decision or determination made by an administrative official charged with the enforcement of the Zoning Ordinance.
2. B.
   To interpret the intent of the Zoning Map as to the location of the zoning boundary lines as provided in the Zoning Ordinance.
3. C.
   To authorize in specific cases such variances from the terms of this Ordinance as will not be contrary to the public interest where, owing to special conditions, a literal enforcement of the provisions of this Ordinance would result in unnecessary hardship. In granting any variance, the Board may prescribe appropriate conditions and safeguards in conformity with this Article.
4. D.
   To perform the powers and duties as set forth in the Watershed Ordinance or Phase II Stormwater Ordinance.
5. E.
   To perform the powers and duties as set forth in the Flood Damage Prevention Ordinance.
6. F.
   To hear and decide requests for extended zoning vested rights as set forth in Section 1.7.
7. G.
   To hear and decide request for Certificates of Nonconformity Adjustment as set forth in Section 2.2.6.
8. H.
   To serve as the Morganton Housing Appeals Board pursuant to NCGS 160D-305.
9. I.
   To hear and decide requests for special use permits.

(Ord. No. 21-16, 05/03/2021)

Effective on: 5/1/2023

Step 1 Pre-application Discussion with Sketch Plan (optional)

Step 2 Applicant Submits Application & Site Plan

Step 3 Administrative Review & Approval of Zoning Permit

Step 4 Applicant Obtains Building Permit (if applicable)

Step 1. Pre-Application Discussion with Sketch Plan (optional)

1. To minimize development planning costs, avoid misunderstanding or misinterpretation, and ensure compliance with the requirements of this Ordinance, pre-application consultation between the applicant and the Zoning Administrator concerning the application of this Ordinance to the proposed development is recommended.
2. Before submitting a Zoning Permit application and Plot Plan, the applicant may submit to the Zoning Administrator a Sketch Plan showing the proposed development. The Zoning Administrator shall advise the developer or his authorized agent of the regulations pertaining to the proposed development and the procedures to be followed.

Step 2. Applicant Submits Application and Plot Plan

1. The applicant shall submit the application to the Zoning Administrator or designee within the Development and Design Services Department, fee and the Plot Plan with the following information:
   1. The shape and dimensions of the lot on which the proposed building or use is to be erected or conducted;
   2. The location of the said lot with respect to adjacent rights-of-way;
   3. The shape, dimensions, and location of all buildings, existing and proposed, on the said lot;
   4. The nature of the proposed use of the building or land, including the extent and location of the use, on the said lot;
   5. The location and dimensions of off-street parking and the means of ingress and egress to such space; and
   6. Building elevations of all facades; and
   7. Any other information which the Zoning Administrator may deem necessary for consideration in enforcing the provisions of this Ordinance.

Step 3. Administrative Review and Approval

1. The Zoning Administrator shall review the application and Plot Plan in accordance with the requirements of this Ordinance and any other applicable requirements.
2. The Zoning Administrator may request other applicable agencies to provide comments regarding the proposed development.
3. If the application and Plot Plan are found to meet all of the applicable regulations of this Ordinance, then the Zoning Administrator shall issue a Zoning Permit.
4. If the Zoning Permit is denied, the applicant may appeal the action of the Zoning Administrator to the Board of Adjustment as provided for herein. Such appeal shall be made within 30 days of such permit denial.

Step 4. Applicant Obtains Building Permit

Following approval of the Zoning Permit, the applicant may then obtain a Building Permit from the Development and Design Services Department.

Effective on: 1/1/1901

Step 1 Pre-application Discussion with Sketch Plan
Step 2 Applicant Submits Application & Site Plan
Step 3a Development and Design Services Department Review		Step 3b TRC Review
Step 4 Administrative Zoning Approval & Issuance of Zoning Permit
Step 5 Applicant Obtains Building Permit
Step 6 Final Zoning & Building Inspections for Certificate of Occupancy

Step 1. Pre-Application Discussion with Sketch Plan (optional)

1. A.
   To minimize development planning costs, avoid misunderstanding or misinterpretation, and ensure compliance with the requirements of this Ordinance, pre-application consultation between the developer and the Zoning Administrator concerning the application of this Ordinance to the proposed development is recommended. It is the intent to provide a preliminary review of a property’s development potential and staff direction for additional needed information, but not as a type of approval.
2. B.
   Before submitting an application and Site Plan, the developer may submit to the Zoning Administrator a Sketch Plan (either digital or hard copy) drawn at a scale no smaller than one (1) inch to 50 feet (1:50) with the following information. In an effort to assist the development community to the maximum extent possible, the Zoning Administrator will provide a scaled map of the property with most of the required elements for sketch plan review.

   1. 1.
      Property boundaries with total acreage
   2. 2.
      Proposed site layout including proposed structures, existing structures, and the intended use of structures, and parking
   3. 3.
      Existing impervious area and proposed impervious area (in square feet/acreage and percent of lot coverage)
   4. 4.
      Proposed site access and designation as public or private
   5. 5.
      Topography in five (5) foot contour intervals
   6. 6.
      Location of nearest existing and proposed water and sewer line sizes and types and statements regarding how property will be served with water, sewer, and fire protection
   7. 7.
      Sketch of any proposed drainage facilities
   8. 8.
      Zoning of subject and adjacent properties
3. C.
   The Zoning Administrator shall review the Sketch Plan and discuss it with the developer.
4. D.
   The Zoning Administrator shall review the Sketch Plan for general compliance with the requirements of this Ordinance and any other applicable requirements. The Development and Design Services Department shall advise the developer or his authorized agent of the regulations pertaining to the proposed development and the procedures to be followed. Any development is subject to other state and federal (and potentially private utility) requirements. For any requirements applying to a development, the City of Morganton will require a letter from the regulating agency as proof of compliance. Proof of compliance will directly affect issuance of any Zoning Permit or Certificate of Compliance. These include, but are not limited to:

   • Wetlands- US Corps of Engineers
   • Soil and Erosion Control (compliance with ALL size developments, including those under an acre)- NC Department Environmental and Natural Resources
   • Drive entrances- NC Department of Transportation and City of Morganton
   • Other applicable agencies
5. E.
   One (1) copy of the Sketch Plan shall be retained as a part of the record of the Development and Design Services Department with one (1) copy being returned to the developer or his authorized agent along with any comments made by the Development and Design Services Department concerning the proposed development.

Step 2. Applicant Submits Application and Site Plan

1. A.
   The applicant shall submit the application, fee and the Site Plan that provides the following information:

   1. 1.
      Title
   2. 2.
      Original submittal date and revision dates
   3. 3.
      Vicinity map
   4. 4.
      North arrow
   5. 5.
      Scale {no smaller than one inch equals 50 feet (1”=50’)}
   6. 6.
      Lot lines with bearings and distances
   7. 7.
      Zoning district and applicable overlay districts
   8. 8.
      Adjacent property owner names, parcel numbers and zoning
   9. 9.
      Total acreage
   10. 10.
       Acreage in right-of-way
   11. 11.
       Density per acre (for multi-family residential)
   12. 12.
       Parking
   13. 13.
       Existing and proposed impervious area in square feet and as a percentage of the site
   14. 14.
       Building setbacks in table format and building envelopes shown on lots
   15. 15.
       Existing Features Plan (for development sites of greater than one (1) acre) showing property boundaries; existing structures; topographical contour lines, a minimum of five (5) foot intervals, the location of severely constraining elements such as steep slopes (over 20 percent), wetlands, watercourses, perennial streams, intermittent streams and 100-year floodplains and all rights-of-way and easements; and the location of significant features such as woodlands, tree lines, open fields or meadows, scenic views into or out from the property, watershed divides and drainage ways, fences or stone walls, rock outcrops and existing structures, streets, tracks and trails.
   16. 16.
       NCDOT driveway approval (if applicable)
   17. 17.
       Grading Plan for construction showing existing and proposed contours (if applicable)
   18. 18.
       Soil and Erosion Control Plan (if applicable)
   19. 19.
       NCDENR Soil and Erosion Control approval (if applicable)
   20. 20.
       Watershed/Stormwater Plan (if applicable)
   21. 21.
       Landscaping Plan
   22. 22.
       Utility Plan
   23. 23.
       Lighting Plan (if applicable)
   24. 24.
       Building Elevations showing:

       1. a.
          Exterior wall material
       2. b.
          Roof materials
       3. c.
          Dimensions including building height, width and roof slope
       4. d.
          Front façade window dimensions including sill height, window height, window width and window area.
2. B.
   The following submittal requirements may be altered by the Zoning Administrator as applicable.

   1. 1.
      Five (5) full-size paper copies for review and revisions
   2. 2.
      One (1) digital copy in PDF format or comparable format

Step 3A and B. Development and Design Services Department/Technical Review Committee Review

1. A.
   The Zoning Administrator, Development and Design Services Department staff and the Technical Review Committee shall review the Site Plan in accordance with the requirements of this Ordinance and any other applicable local, state, or federal requirements.
2. B.
   The Technical Review Committee may provide comments to the Zoning Administrator regarding the proposed development. It shall be the responsibility of the Zoning Administrator to ensure that the comments are communicated to and addressed by the developer.

Step 4. Administrative Zoning Approval

If a Site Plan is found to meet all of the applicable regulations of this Ordinance, then the Zoning Administrator shall issue a Zoning Permit.

Step 5. Applicant Obtains Building Permit

Following issuance of a Zoning Permit by the Zoning Administrator, the applicant may then obtain a Building Permit from the Development and Design Services Department.

Step 6. Final Inspections for Certificates of Compliance and Occupancy

Following construction and prior the issuance of a Certificate of Occupancy by the Building Inspector, the Zoning Administrator shall coordinate a final site development inspection to ensure that the approved plan has been followed and all required improvements have been installed to City development standards. Upon satisfactory completion of all required improvements a Certificate of Compliance shall be issued and the Certificate of Occupancy may be issued by the Building Inspector.

Effective on: 5/1/2023

Step 1 Pre-application Discussion with Sketch Plan (optional)

Step 2 Applicant Submits Application & Sign Drawing

Step 3 Administrative Review & Approval of Zoning Permit for Sign

Step 4 Applicant Obtains Electrical Permit (if applicable)

Step 1. Pre-Application Discussion with Sketch Plan (optional)

1. To minimize development planning costs, avoid misunderstanding or misinterpretation, and ensure compliance with the requirements of this Ordinance, pre-application consultation between the applicant and the Zoning Administrator or designee concerning the application of this Ordinance to the proposed development is recommended.
2. Before submitting a Zoning Permit application, the applicant may submit to the Zoning Administrator a sketch showing the proposed sign. The Zoning Administrator shall advise the sign owner or his authorized agent of the regulations pertaining to the proposed sign and the procedures to be followed.

Step 2. Applicant Submits Application and Plot Plan

1. The applicant shall submit the application, fee and a drawing of the sign and its location with the following information:
   1. The shape, dimensions, content, colors, and type of the sign;
   2. The location of the sign on the lot with respect to buildings, property lines and adjacent rights-of-way;
   3. Whether the sign is internally or externally illuminated (electric permit may be required from building inspections);
   4. For wall signs, the building length and height; and
   5. Any other information which the Zoning Administrator may deem necessary for consideration in enforcing the provisions of this Ordinance.

Step 3. Administrative Review and Approval

1. The Zoning Administrator shall review the application and drawing in accordance with the requirements of this Ordinance and any other applicable requirements.
2. If the application and drawing are found to meet all of the applicable regulations of this Ordinance, then the Zoning Administrator shall issue a Zoning Permit for the sign.
3. If the Zoning Permit is denied, the applicant may appeal the action of the Zoning Administrator to the Board of Adjustment as provided for herein. Such appeal shall be made within 30 days of such permit denial.

Step 4. Applicant Obtains Electrical Permit (if applicable)

Following approval of the Zoning Permit for an illuminated sign, the applicant may then obtain an Electrical Permit from the Development and Design Services Department, if required.

Effective on: 1/1/1901

Effective on: 1/1/1901

Effective on: 1/1/1901

Effective on: 1/1/1901

Effective on: 1/1/1901

Effective on: 1/1/1901

Effective on: 1/1/1901

Effective on: 1/1/1901

1. That the land, building, structure, sign, or use is in violation of this Ordinance;
2. The nature of the violation and citation of the Section(s) of this Ordinance violated; and
3. The measures necessary to remedy the violation.

Effective on: 1/1/1901

Effective on: 1/1/1901

Effective on: 1/1/1901

Effective on: 1/1/1901

Effective on: 1/1/1901

Effective on: 1/1/1901

Effective on: 1/1/1901

Effective on: 5/1/2023

Effective on: 1/1/1901