Effective on: 1/1/1901

The purpose of this Section is to set forth the powers and duties of the Zoning Administrator, Technical Review Committee, Planning & Zoning Commission, Board of Adjustment, and City Council as they relate to this Ordinance.

1. A.
   The position of Zoning Administrator is hereby authorized and it shall be the duty of the Development and Design Services Director or designee within the Development and Design Services Department to interpret, apply and enforce the provisions of this Ordinance in accordance with the terms hereof. The Zoning Administrator may provide written interpretations, and may issue such permits, orders and take such other actions as may be required by the City Council in its discretion in enforcing this Ordinance.
2. B.
   The Zoning Administrator may be referred in the Ordinance as “Development and Design Services Director”, “Development and Design Services Department”, or “Development and Design Services Department Staff”.
3. C.
   The Development and Design Services Department shall maintain a record of all Zoning Permits, development approvals, and ordinance amendments on file in the Planning office, and copies shall be made available on request to interested parties.
4. D.
   The Zoning Administrator shall issue Zoning Permits, Site Plan Notices to Proceed, and Certificates of Zoning Compliance as prescribed herein.
5. E.
   The Development and Design Services Department staff shall serve as clerk to the Board of Adjustment and Planning & Zoning Commission.

Effective on: 5/1/2023

1. The Technical Review Committee (TRC) is hereby established in order to assist the Development and Design Services Director with the review of site development plans for zoning permits other than single-family and two-family residential development. The TRC shall consist of the following entities or designees:
   1. Development and Design Services Director or Designee
   2. City Engineer
   3. Public Works Director
   4. Water Resources Director
   5. Fire Inspector
   6. Public Safety Director
   7. Chief Building Inspector
   8. NCDOT representative
   9. Other local, state, or federal agencies that have an interest in the proposed development
2. The TRC shall meet on an as needed basis as determined by the Development and Design Services Director.

Effective on: 1/1/1901

The City Council shall hold the following powers and duties related to this Ordinance:

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

The purpose of this Section is to establish an orderly process to develop land within the City of Morganton. It is also the intent of this Section to provide a clear and comprehensive development process that is fair and equitable to all interests including the applicants, affected neighbors, City staff, related agencies, the Planning & Zoning Commission, Board of Adjustment and the City Council. Approved plans shall be the guiding documents for final approval and permitting.

Effective on: 1/1/1901

1. A.
   The development review process applies to all new development and alterations of existing development within the City.
2. B.
   The Zoning Administrator may waive the required development review for a change in principal use, where such change would not result in a change in lot coverage, parking, or other site characteristics. The development review may also be waived if the Zoning Administrator determines that the submission of a development plan in accordance with this Chapter would serve no useful purpose. The following chart indicates the appropriate approval process for each development type:

Effective on: 5/1/2023

Variance requests shall be heard by the Board of Adjustment. The steps in the boxes below correspond with a detailed description of each step of the process on the following pages.

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

Appeals shall be heard by the Board of Adjustment. The steps in the boxes below correspond with a detailed description of each step of the process on the following pages.

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

Requests for Certificates of Nonconformity Adjustment shall be heard by the Board of Adjustment. Criteria for Certificates of Nonconformity Adjustment are set forth in ARTICLE 6 of the Ordinance. The steps in the boxes below correspond with a detailed description of each step of the process on the following pages.

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

The City Council may approve alternative design proposals that differ from the requirements of ARTICLE 4 of this Ordinance in regards to landscaping, parking, infrastructure or building design due to unique site circumstances or creative design proposals, provided that the intent of this Ordinance is met. The steps in the boxes below correspond with a detailed description of each step of the process on the following pages.

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

The City Council may amend, supplement or change the Zoning Map according to the following procedure. The steps in the boxes below correspond with a detailed description of each step of the process on the following pages.

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

The City Council may amend, supplement or change the Zoning Ordinance according to the following procedure. The steps in the boxes below correspond with a detailed description of each step of the process on the following pages.

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

Any of the following shall be a violation of this Ordinance and shall be subject to the enforcement remedies and penalties provided by this Section and by State law.

If the Development and Design Services Department finds that any of the provisions of this Ordinance are being violated, then he shall notify the person responsible for such violation, indicating the nature of the violation and ordering the action necessary to correct it. The Development and Design Services Department shall order discontinuance of illegal use of land, buildings, or structures; removal of illegal buildings or structures or additions; alterations, or structural changes thereto; discontinuance of any illegal work being done; or shall take any other action authorized by this Ordinance to insure compliance with or to prevent violations of its provisions.

If the owner or occupant of a property fails to comply with a Notice of Violation from which no appeal has been taken, or a final decision by the Board of Adjustment following an appeal, the owner or occupant shall be subject to the penalties and remedies as set forth in Section 2.3.5 or to such remedies and penalties as may be provided by the State law.

Effective on: 1/1/1901

Any or all of the following procedures may be used to enforce the provisions of this Ordinance.

1. A.
   Violation of the Zoning Ordinance is a misdemeanor as provided in General Statutes 14-4 and is punishable by the maximum fine, term of imprisonment, or fraction penalty, all as imposed and set forth in General Statutes 14-4, as the same may be amended from time to time, which is incorporated herein by reference. A violation is also a civil violation shall subject offenders to a civil penalty upon the issuance of a citation for said violations as hereinafter provided. The civil penalty, if not paid to the City within 15 days of the issuance of a citation, may be recovered by the City in a civil action in the nature of debt. Said civil penalties shall be in the amounts shown below for each violation and each day any single violation continues shall be a separate violation.

2. B.
   In addition to the civil penalties set out above, any provision of this Ordinance may be enforced by an appropriate equitable remedy issuing from any court of competent jurisdiction. In such case, the general court of justice shall have jurisdiction to issue such orders as may be appropriate, and it shall not be a defense to the application of the City for equitable relief that there is an adequate remedy at law.
3. C.
   In addition to the civil penalties set out above, any provision of this Ordinance that makes unlawful a condition existing upon or use made of real property may be enforced by injunction and order of abatement by General Court of Justice. When a violation of such a provision occurs, the City may apply to the appropriate division of the General Court of Justice for a mandatory or prohibitory injunction and/or of abatement commanding the defendant to correct the unlawful condition upon or cease the unlawful use of the property. The action shall be governed in all respects by laws and rules governing civil proceedings, including the Rules of Civil Procedure in general and Rule 65 in particular.
4. D.
   An order of abatement may direct that buildings or other structures on the property by closed, demolished or removed; that fixtures, furniture or other movable property be removed from buildings on the property; that improvements or repairs be made; or that any other action be taken that is necessary to bring the property into compliance with this Ordinance. If the defendant fails or refused to comply with an injunction or with an order of abatement within the time allowed by the court, he may be cited for contempt, and the City may execute the order of abatement. The City shall have a lien on the property for the cost of executing an order of abatement in the nature of a mechanic’s and material man’s lien. The defendant may secure cancellation of an order of abatement by paying all costs of the proceedings and posting a bond for compliance with the order. The bond shall be given with sureties approved by the Clerk of Superior Court in an amount approved by the judge before whom the matter is heard and shall be conditioned on the defendant’s full compliance with the terms of the order of abatement within a time fixed by the judge. Cancellation of an order of abatement shall not suspend or cancel an injunction issued in conjunction therewith.
5. E.
   The provision of this Ordinance may be enforced by one (1), all or a combination of the remedies authorized and prescribed by this section.
6. F.
   Upon determination of a violation of any section of this Ordinance, the penalty for which is a civil penalty, the Development and Design Services Department shall cause a warning citation to be issued to the violator. Such citation shall set out the nature of the violation, the section violated, the date of the violation, and shall contain an order to immediately cease the violation. If the violation is in the nature of an infraction for which an order of abatement would be appropriate in a civil proceeding, a reasonable period of time must be stated in which the violation must be abated.
7. G.
   An appeal from a warning citation shall be taken within 10 days from the date of such warning citation and the Board of Adjustment, in considering such appeal, shall, notwithstanding other powers as may be granted, have power only in the manner of administrative review and interpretation where it is alleged that the Development and Design Services Department has made an error in the application of the Ordinance, in the factual situation as it relates to the application of the Ordinance, or both.
8. H.
   Where the Zoning Administration determines that the period of time stated in the original warning citation is not sufficient for abatement based upon the work required or Consent Agreement, the Development and Design Services Department may amend the warning citation to provide additional time. The warning citation shall specify that a second citation shall incur civil penalty, together with costs and attorney fees.
9. I.
   Upon failure of the violator to obey the warning citation a civil citation shall be issued by the Development and Design Services Department and either served directly on the violator, his duly designated agent, or registered agent if a corporation, either in person or posted in the United States Postal Service by first class mail addressed to the last known address of the violator as contained in the records of the City or obtained from the violator at the time of issuance of the warning citation. The violator shall be deemed to have been served upon the mailing of said citation. The citation shall direct the violator to pay the civil assessment within 15 days of the date of citation, or alternatively to pay the citation by mail. The violation for which the citation is issued must have been corrected by the time the citation is paid; otherwise further citations shall be issued. Citations may be issued for each day the offense continues until the prohibited activity is ceased or abated.
10. J.
    If the violator fails to respond to a citation within 15 days of its issuance and pay the penalty prescribed therein, the City may institute a civil action in the nature of debt in the appropriate division of the North Carolina General Court of Justice for the collection of penalty, costs, attorney fees and such other relief as permitted by law.

Effective on: 5/1/2023

1. There is hereby created a Planning & Zoning Commission. The Planning & Zoning Commission shall consist of 11 members, nine (9) of whom shall be appointed by the City Council. The remaining two (2) members shall be appointed by the Burke County Board of Commissioners.
2. Appointments made by the City Council shall be residents of either the City and/or the ETJ to be regulated provided that no more than two (2) of the total City appointments may be residents of the ETJ to be regulated. The two (2) appointments made by the County Commissioners may be residents of the ETJ and must be residents of Burke County.
3. All members, including those representatives appointed to the Planning & Zoning Commission from the perimeter area or the area within the jurisdiction of the Planning & Zoning Commission, but outside the corporate limits of the City of Morganton, shall have equal rights, privileges and duties, and such outside representatives shall fully participate in and vote on all matters at issue before the Planning & Zoning Commission regardless of whether the matter arises within the City or within the ETJ.
4. The term of each member shall be three (3) years with the terms staggered so as to allow the appointment of new members each year. For the purposes of this section, the City Council shall have the authority to designate the expiration date for all new appointments to the Planning & Zoning Commission to allow staggered terms and may reduce the size of the Commission as required hereunder by not filling an existing vacancy.
5. Vacancies occurring on said Planning & Zoning Commission shall be filled by the City Council or County Commissioners for the remaining portion of the unexpired term.
6. All members so appointed shall serve without compensation.

Effective on: 1/1/1901

1. The Planning & Zoning Commission shall prescribe rules and regulations and by-laws for the conduct of its meetings and other proceedings.
2. The Planning & Zoning Commission shall keep a full record of its proceedings and minutes of its meetings showing the business transacted at each meeting, and shall submit copies thereof to the City Manager.
3. The Planning & Zoning Commission shall select from its membership a chairman and vice chairman to serve for a period of one (1) year, or until their successors are elected.
4. Regular meetings of the Commission shall be held at such times and places as the Commission shall determine, and special meetings of the Commission shall be held upon call of the chairman at such time and place as he may designate, reasonable notice of such meeting being given to each member.

Effective on: 1/1/1901

The Planning & Zoning Commission is created to carry out the powers and duties as provided for in NCGS 160D-301. The Planning & Zoning Commission shall serve in an advisory capacity to the City Council and shall provide recommendations to the Council pertaining to zoning amendments and other matters as designated in NCGS 160D-301 including:

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

1. There shall be and hereby is created a Board of Adjustment consisting of five (5) members and three (3) alternate members, each member or alternate member to serve for a term of three (3) years.
2. Four (4) of the members and two (2) of the alternate members shall be appointed by the City Council and shall reside within the corporate limits of the City. One (1) member and one (1) alternate member shall be appointed by the Board of Commissioners for Burke County, North Carolina, and may reside within the extraterritorial jurisdiction (ETJ) of the City and must reside within Burke County.
3. Those regular and alternate members previously appointed by the City Council or the Board of County Commissioners and serving on the effective date of this Ordinance under the Zoning Ordinance prior hereto, shall continue in office and shall be considered as the duly appointed members and alternate of the Board and each shall serve the remainder of the term to which he was appointed.
4. Alternate members may attend any regular or special meeting of the Board, but shall serve, participate and vote only in the absence of a regular member. During the absence of any regular member, and alternate member, regardless of his residency, shall have and may exercise all the powers and duties of a regular member.
5. Regular members and alternate members appointed and serving as outside representatives from the perimeter area shall have equal rights, privileges and duties with all other members of the Board regardless of whether the matters at issue arise within the City or within the extraterritorial area.

Effective on: 1/1/1901

1. A.
   The Board of Adjustment shall adopt and from time-to-time amend rules of procedure that are consistent with NCGS 160D-302 and 160D-406 and govern election of officers, attendance, and meeting and voting procedures.
2. B.
   Four (4) members shall constitute a quorum for Board business. Three (3) members shall be necessary to conduct other business including amending the rules of procedure.
3. C.
   four-fifths (4/5) of the Board shall be necessary to grant a variance. A majority of the members shall be required to decide any other quasi-judicial matter or 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 to take the place of such members.
4. D.
   The Board shall elect one (1) of its members as chairman, and shall appoint a secretary and such other subordinates as may be necessary to complete its work.
5. E.
   All meetings of the Board shall be held at a regular place, and shall be open to the public. The Board shall keep minutes of its proceedings in a book maintained for that purpose only, showing the vote of each member upon each question, or any member’s absence or failure to vote.

Effective on: 5/1/2023

The Board of Adjustment shall have the following powers and duties:

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

1. A.
   Except for agricultural purposes, no land shall be used or occupied and no building hereafter structurally altered, erected, or moved, shall be used, or its use changed, until a Zoning Permit shall have been issued by the Zoning Administrator stating that the building and/or the proposed use thereof complies with the provisions of this Ordinance. Notwithstanding any other provisions of this Ordinance, no zoning permit is necessary for the following uses:

   1. 1.
      Street construction or repair;
   2. 2.
      Electric power, telephone, telegraph, cable television, gas, water and sewer lines, wires or pipes, together with supporting poles or structures, located within a public right-of-way;
   3. 3.
      Specific signs exempted in ARTICLE 5 of this Ordinance;
   4. 4.
      Mailboxes, newspaper boxes, birdhouses, flag poles, pump covers and doghouses;
   5. 5.
      Interior alterations and renovations which do not alter the footprint, elevation, height, or use of an otherwise conforming use and/or structure; and
   6. 6.
      Fences and walls that meet the requirements of Section 4.4.9.
2. B.
   No Building Permit shall be issued and no building shall be occupied until a Zoning Permit is approved.
3. C.
   No grading shall commence for any development site without the issuance of a Zoning Permit as it relates to this Ordinance. Any such activity may be subject to enforcement and penalties as set forth in Section 2.3.
4. D.
   A record of all Zoning Permits shall be kept on file in the office of the Development and Design Services Department and copies shall be furnished, on request.
5. E.
   The Development and Design Services Department shall collect such fees for the issuance of Zoning Permits as are authorized by the fee schedule as adopted by the City Council.
6. F.
   The issuance of a valid Zoning Permit shall confer with it the right to undertake and complete the development and/or use of property under the terms and conditions of such Permit provided that such action as authorized by the Permit is commenced within (1) one year of issuance and provided that all other permits are obtained. Otherwise the Permit shall be void.
7. G.
   If the Zoning Permit is denied, the applicant may appeal the action of the Zoning Enforcement Officer to the Board of Adjustment as provided for herein. Such appeal shall be made within 30 days of such permit denial. (See Section 2.2.5)
8. H.
   A Zoning Permit shall identify the property involved and the proposed use from the Permitted Use Table in Section 3.3, shall incorporate by reference the plans submitted, and shall contain any special conditions or requirements lawfully imposed by the permit-issuing authority.
9. I.
   Applications for a Zoning Permit will be accepted only from persons having the legal authority to take action in accordance with the permit. This means that applications should be made by the owners of property, or their agents, or persons who have contracted to purchase property contingent upon their ability to acquire the necessary permits under this Ordinance, or the agents of such persons (who may make application in the name of such owners, lessees, or contract vendees). The Zoning Administrator may require an applicant to submit evidence of his/her authority to submit the application whenever there appears to be a reasonable basis for questioning this authority.
10. J.
    All applications for Zoning Permits must be complete before the Zoning Administrator is required to consider the application. An application is complete when it contains all the information necessary for the permit-issuing authority to decide whether or not the development, if completed as proposed, will comply with all of the requirements of this Ordinance.
11. K.
    No building which has been erected, added to, relocated, or structurally altered for which a Building Permit has been issued shall be used or occupied nor the use of any building or land changed until a Certificate of Occupancy has been issued by the Building Inspector stating that the building or structure or part thereof complies with the North Carolina State Building Code and the provisions of this Ordinance. No previously unoccupied structure shall be occupied until a Certificate of Occupancy is issued.
12. L.
    No temporary utilities shall be connected until a Building Permit is issued. No permanent utilities shall be connected until a Certificate of Occupancy is issued.
13. M.
    Approval or denial of applications shall be provided to the applicant in writing. Such approval or denial shall be effective immediately upon issuance.

Effective on: 5/1/2023

Zoning Permits for single-family residential, two-family residential, and accessory structures shall be approved administratively. The steps in the boxes below correspond with a detailed description of each step of the process on the following pages.

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

Zoning permits for multi-family residential and non-residential development shall be approved administratively. The steps in the boxes below correspond with a detailed description of each step of the process on the following pages.

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

Zoning Permits for signs shall be approved administratively. The steps in the boxes below correspond with a detailed description of each step of the process on the following pages.

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

To engage in any development, use, construction, remodeling, or other activity of any nature upon land or improvements thereon subject to the jurisdiction of this Ordinance without all required permits, certificates, or other forms of authorization as set forth in this Ordinance.

Effective on: 1/1/1901

To engage in any development, use, construction, remodeling, or other activity of any nature in any way inconsistent with any approved plan, permit, certificate, or other form or authorization granted for such activity.

Effective on: 1/1/1901

To violate, by act or omission, any term, variance, modification, condition, or qualification placed by the City Council or its agent Boards upon any required permit, certificate, or other form of authorization for the use, development, or other activity upon land or improvements thereon.

Effective on: 1/1/1901

To erect, construct, reconstruct, alter, repair, convert, maintain, or use any building or structure or to use any land in violation or contravention of this Ordinance or any other regulation made under the authority conferred thereby.

Effective on: 1/1/1901

Each day’s continuance of any of the above violations is a separate and distinct offense.

Effective on: 1/1/1901

1. The Development and Design Services Department shall have the right upon presentation of proper credentials, or inspection warrant if necessary, to enter on any premises within the jurisdiction at any reasonable hour for the purposes of inspection, determination of plan compliance, or other enforcement action.
2. The Development and Design Services Department shall have the power to conduct such investigations, as he may reasonably deem necessary to carry out his duties as prescribed in this Ordinance and, for the purpose of investigating and inspecting the sites of any complaints or alleged violations of this Ordinance.

Effective on: 1/1/1901

The Development and Design Services Department shall have the power to require written statements; certificates, certifications, or the filing of reports with respect to pertinent questions relating to complains or alleged violations of this Ordinance.

Effective on: 1/1/1901

If the owner of the land, building, structure, sign or use in violation fails to take prompt corrective action, the Development and Design Services Department shall give the owner or occupant written notice (by certified or registered mail to his last known address, by personal service, or by posting notice conspicuously on the property) of the following:

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

Any owner or occupant who has received a Notice of Violation may appeal in writing the decision of the Development and Design Services Department to the Board of Adjustment within 15 days following the date of the Notice of Violation. The Board of Adjustment shall hear an appeal within a reasonable time, and it may affirm, modify or revoke the Notice of Violation. In the absence of an appeal, the decision of the Development and Design Services Department shall be final.

Effective on: 1/1/1901

The decision of the Board of Adjustment may be delivered to the aggrieved party either by personal service or by registered mail or certified mail return receipt requested.

Effective on: 1/1/1901

Any violation of this Ordinance or of any condition, order, requirement, or remedy adopted pursuant hereto may be restrained, corrected, abated, mandated, or enjoined by other appropriate proceeding pursuant to State law.

Effective on: 1/1/1901

Any person who violates any provision of this Ordinance shall be subject to the assessment of a civil penalty under the procedures provided in Section 2.3.5.

Effective on: 1/1/1901

The Development and Design Services Department shall withhold or deny any permit, certificate, or other authorization on any land, building, structure, sign, or use in which there is an uncorrected violation of a provision of this Ordinance, or of a condition or qualification of a permit, certificate, or other authorization previously granted.

Effective on: 1/1/1901

The Development and Design Services Department may condition the authorization of any permit or certificate upon the correction of the deficiency, payment of civil penalties within a specified time, or the posting of a compliance security approved by appropriate governmental authority.

Effective on: 1/1/1901

Whenever a building, structure, sign, or part thereof is being constructed, reconstructed, altered or repaired in violation of this Ordinance, the Development and Design Services Department may order the work to be immediately stopped. The stop work order shall be in writing and directed to the owner, occupant or person doing the work. The stop work order shall state the specific work to be stopped, the specific reasons for the stoppage and the conditions under which the work may be resumed. Such action shall be in accordance with NCGS 160D-1114 or the NC Building Code.

Effective on: 5/1/2023

The Development and Design Services Department may revoke and require the return of a permit or certificate by notifying the permit holder in writing, stating the reason for the revocation. Permits or certificates shall be revoked for any substantial departure from the approved application, plans, or specifications; refusal or failure to comply with the requirements of State or local laws; or for false statements or misrepresentations made in securing the permit or certificate. Any permit or certificate mistakenly issued in violation of an applicable State or local law may also be revoked.

Effective on: 1/1/1901