(a)

No person shall commence or proceed with development without first securing approval from the city as herein provided. The use made of property may not be substantially changed (see section 15-152), clearing, grading, or excavation may not be commenced, and buildings or other substantial structures may not be constructed, erected, moved, or substantially altered except in accordance with and pursuant to one of the following permits:

(1)

A zoning and/or building permit issued by the city; and

(2)

A special use permit issued by the board of adjustment.

(b)

Zoning permits, special use permits, and sign permits are issued under this ordinance in respect to plans submitted by the applicant that demonstrate compliance with the ordinance provisions contained herein. Such plans as are finally approved are incorporated into any permit issued in reliance thereon, and, except as otherwise provided in section 15-63, all development shall occur strictly in accordance with such approved plans.

(c)

A zoning permit, special use permit, or sign permit shall be issued in the name of the applicant (as defined in section 15-48), and shall identify the property involved and the proposed use, shall incorporate by reference the plans submitted, and shall contain any special conditions or requirements lawfully imposed by the city.

(d)

An approval under this ordinance shall be in writing and shall attach to and run with the land. A development approval shall a provision requiring the development to comply with all applicable state and local laws. The city may issue development approvals in print or electronic form. Any development approval issued exclusively in electronic form shall be protected from further editing once issued.

(e)

When this ordinance specifies that a matter may or shall be approved or disapproved, such approvals and disapprovals shall be communicated by the officer or board making the determination who shall in turn give written notice to the owner of the property that is the subject of the determination and to the party who sought the determination, if different from the owner. The written notice shall be delivered by personal delivery, electronic mail, or by first-class mail. The notice shall be delivered to the last address listed for the owner of the affected property on the county tax abstract and to the address provided in the application or request for a determination if the party seeking the determination is different from the owner.

(Ord. No. 16-047, § 15, 9-13-16; Ord. No. 22-051, 12, 12-13-22)

Issuance of a special use permit or zoning permit authorizes the recipient to commence the activity resulting in a change in use of the land, or (subject to obtaining a building permit) to commence work designed to construct, erect, move, or substantially alter buildings or other substantial structures, or to undertake activities not specifically prescribed by ordinance but which are deemed to reflect the intent of the ordinance. However, except as provided in sections 15-53, 15-59 and 15-60, the intended use may not be commenced, no building may be occupied, and no activities not specifically prescribed by ordinance may be undertaken until all of the requirements of this ordinance and/or all additional requirements imposed pursuant to the issuance of a special use permit have been complied with.

(Ord. No. 16-047, § 16, 9-13-16)

(a)

Applications for zoning, special use, or sign permits, or minor subdivision plat approval will be accepted only from the landowner, lessee or person holding an option or contract to purchase or lease land, or an authorized agent of the landowner. An easement holder may also apply for development approval for such development as is authorized by the easement.

(b)

The city may require an applicant to submit evidence of his authority to submit the application in accordance with subsection (a) whenever there appears to be a reasonable basis for questioning this authority.

(Ord. No. 16-047, § 17, 9-13-16; Ord. No. 22-051, § 13, 12-13-22)

(a)

All applications for zoning, special use, or sign permits must be completed before the city is required to consider the application.

(b)

Subject to subsection (c), an application is complete when it contains all of the information that is necessary for the city to decide whether or not the development, if completed as proposed, will comply with all of the requirements of this ordinance.

(c)

In this ordinance, detailed or technical design requirements and construction specifications relating to various types of improvements (streets, sidewalks, etc.) are set forth in one or more of the appendices to this ordinance. It may not be necessary that the application contain the type of detailed construction drawings that would be necessary to determine compliance with these appendices, so long as the plans provide sufficient information to allow the city to evaluate the application in the light of the substantive requirements set forth in this text of this ordinance. However, whenever the city under this ordinance requires a certain element of a development to be constructed in accordance with the detail requirements set forth in one or more of these appendices, then no construction work on such element may be commenced until detailed construction drawings shall have been submitted to and approved by the zoning administrator and/or the chief building inspector or his designee. Failure to observe this requirement may result in permit revocation, denial of final subdivision plat approval, or other penalty as provided in article VII (enforcement and review).

(d)

The presumption established by this ordinance is that all of the information set forth in this ordinance is necessary to satisfy the requirements of this section. However, it is recognized that each development is unique, and therefore the city may allow less information or require more information to be submitted according to the needs of the particular case. For applications submitted to the board of adjustment, the applicant may rely in the first instance on the recommendations of the zoning administrator as to whether more or less information than that set forth in this ordinance should be submitted.

(e)

The zoning administrator shall make every effort to develop application forms, instructional sheets, checklists, or other techniques or devices to assist applicants in understanding the application requirements and the form and type of information that must be submitted. In classes of cases where a minimal amount of information is necessary to enable the zoning administrator to determine compliance with this ordinance, such as applications for zoning permits to construct single-family houses or duplexes, or applications for sign permits, the zoning administrator shall develop standard forms that will expedite the submission of the necessary plans and other required information.

(Ord. No. 16-047, § 18, 9-13-16; Ord. No. 22-051, § 14, 12-13-22)

(a)

To minimize development planning costs, avoid misunderstanding or misinterpretation, and ensure compliance with the requirements of this ordinance, preapplication consultation between the applicant and the planning staff is encouraged or required as provided in this section.

(b)

Before submitting an application for any other permit, applicants are strongly encouraged to consult with the planning staff concerning the application of this ordinance to the proposed development.

(Ord. No. 16-047, § 19, 9-13-16; Ord. No. 22-051, § 15, 12-13-22)

(a)

Upon receipt of a formal application for a zoning, building or special use permit, or minor plat approval, the zoning administrator shall review the application and confer with the applicant to ensure that he understands the city staff's interpretation of the applicable provisions of this ordinance, that he has submitted all of the information that he intends to submit and that the application represents what he proposes to do.

(b)

If the application is for a project that requires site plan review, pursuant to section 15-71, the zoning administrator shall place the application on the agenda for departmental review.

(c)

If the application is for a special use permit, the zoning administrator shall place the application on the agenda of the appropriate board after the applicant indicates that the application is as complete as he intends to make it. If the zoning administrator believes that the application is incomplete, he shall recommend to the appropriate board that the application be denied on that basis.

(Ord. No. 16-047, § 20, 9-13-16; Ord. No. 22-051, § 16, 12-13-22)

(a)

A complete application form for a zoning permit shall be submitted to the zoning administrator by filing a copy of the application with the zoning administrator in the development services department.

(b)

The zoning administrator shall issue the zoning permit unless he finds, after reviewing the application, that:

(1)

The requested permit is not within his jurisdiction according to the table of permissible uses;

(2)

The application is incomplete; or

(3)

If completed as proposed in the application, the development will not comply with one or more requirements of this ordinance (not including those requirements imposed when a variance has been granted or those the applicant is not required to comply with under the circumstances specified in article VIII (nonconforming situations).

(Ord. No. 22-051, § 17, 12-13-22)

In cases when, because of weather conditions or other factors beyond the control of the zoning permit recipient (exclusive of financial hardship), it would be unreasonable to require the zoning permit recipient to comply with all of the requirements of this ordinance prior to commencing the intended use of the property or occupying any buildings, the zoning administrator may notify the building inspector that the applicant may be allowed to commence the intended use or the occupancy of buildings (insofar as the requirements of this ordinance are concerned) if the permit recipient provides a performance bond, cash funds, letter of credit, real estate of equal value, or other security satisfactory to the administrator to ensure that all of the requirements of this ordinance will be fulfilled within a reasonable period (not to exceed 12 months). In general, satisfactory security shall be reasonably liquid and shall equal 120 percent of the value of the improvements. Final authorization to issue a certificate of occupancy or commence the use of a property rests with the building inspector.

(a)

An application for a special use permit shall be submitted to the board of adjustment by filing a copy of the application with the zoning administrator in the Department of Development Services.

(b)

The board of adjustment shall conduct a public hearing on this application. The hearing shall be conducted according to the provisions of article VI and this section.

(c)

The burden of presenting a complete application to the board of adjustment shall be upon the applicant. However, unless the board informs the applicant at the hearing in what way the application is incomplete and offers the applicant an opportunity to complete the application (either at that meeting or at a continuation hearing), the application shall be presumed to be complete.

(d)

Subject to subsection (e), the board of adjustment shall issue the special use permit upon finding that:

(1)

The requested permit is within its jurisdiction according to the table of permissible uses;

(2)

The application is complete;

(3)

If completed as proposed in the application, the development will comply with all of the requirements of this ordinance;

(4)

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

(5)

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

(6)

The location and character of the use, if developed according to the plan as submitted and approved, will be in harmony with the area in which it is to be located and in general conformity with the plan of development of the city.

(e)

The burden of presenting evidence under each part of subsection (d) rests upon the applicant. The board shall consider each part of subsection (d) separately, and for each part shall:

(1)

Determine whether the applicant has submitted competent, material, and substantial evidence showing that the requirements of that part have been met;

(2)

Determine whether competent, material, and substantial evidence has been submitted at the hearing showing that the requirements of that part have not been met;

(3)

Make a finding as to whether or not the requirements of the part have been met. In making this finding, the board shall find that the requirements have been met if the applicant produces evidence in support of his position and there is no competent, material, and substantial evidence showing that the requirements have not been met. If the board finds that the requirements have not been met, the board shall state specifically upon which facts it has relied in making that decision.

(Ord. No. 16-054, § 2, 10-11-16)

(a)

When presented to the board of adjustment at the hearing, the application for a special use permit shall be accompanied by a report setting forth the planning staff's proposed findings concerning the application's compliance with section 15-49 (Application to be complete) and the other requirements of this ordinance, as well as any staff recommendations for additional requirements to be imposed by the board of adjustment.

(b)

If the staff proposes a finding or conclusion that the application fails to comply with section 15-49 or any other requirement of this ordinance, it shall identify the requirement in question and specifically state supporting reasons for the proposed findings or conclusions.

Editor's note— Ord. No. 16-047, § 21, adopted September 13, 2016 repealed § 15-56 in its entirety. Former § 15-56 pertained to "Conditional use permits," and was derived from Original Code.

Editor's note— Ord. No. 16-047, § 22, adopted September 13, 2016 repealed § 15-57 in its entirety. Former § 15-57 pertained to "Recommendations on conditional use permits," and was derived from Original Code.

(a)

Subject to subsection (b), in granting a special use permit, the board of adjustment may attach to the permit such reasonable requirements in addition to those specified in this ordinance as will ensure that the development in its proposed location:

(1)

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

(2)

Will not substantially reduce the value of adjoining or abutting property;

(3)

Will be in harmony with the area in which it is located; and

(4)

Will be in general conformity with the land use plan, thoroughfare plan, or other plan officially adopted by the board of aldermen.

(b)

The board of adjustment may attach additional conditions if the development in question presents circumstances that justify the variation from the specified requirements.

(c)

Without limiting the foregoing, the board of adjustment may attach to a permit a condition limiting the permit to a specified duration.

(d)

All additional conditions or requirements shall be entered on the permit.

(e)

All additional conditions or requirements authorized by this section are enforceable in the same manner and to the same extent as any other applicable requirement of this ordinance.

(f)

A vote may be taken on application conditions or requirements before consideration of whether the permit should be denied for any of the reasons set forth in this article.

(Ord. No. 16-047, § 23, 9-13-16)

Editor's note— Ord. No. 16-047, § 23, adopted September 13, 2016 repealed and replaced § 15-58 in its entirety. Former § 15-58 pertained to "Additional requirements on special use and conditional use permits," and was derived from Original Code.

(a)

In cases when, because of weather conditions or other factors beyond the control of the special use permit recipient (exclusive of financial hardship), it would be unreasonable to require the permit recipient to comply with all of the requirements of this ordinance before commencing the intended use of the property or occupying any buildings or selling lots in a subdivision, the board of adjustment shall then notify the building inspector that the applicant may commence the intended use or the occupancy of buildings or the sale of subdivision lots (insofar as the requirements of this ordinance are concerned) if the permit recipient provides a performance bond, cash funds, letter of credit, real estate of equal value, or other security satisfactory to the board of adjustment to ensure that all of these requirements will be fulfilled within a reasonable period (not to exceed 12 months). In general, satisfactory security shall be reasonably liquid and shall equal 120 percent of the value of the improvements. Final authorization to issue a certificate of occupancy or commence the use of a property rests with the building inspector.

(b)

With respect to subdivisions in which the developer is selling only undeveloped lots, the board of aldermen may authorize final plat approval and the sale of lots before all the requirements of this ordinance are fulfilled if the subdivider provides a performance bond, cash funds, letter of credit, real estate of equal value, or other security satisfactory to the board to ensure that all of these requirements will be fulfilled within not more than 12 months after final plat approval. In general, satisfactory security shall be reasonably liquid and shall equal 120 percent of the value of the improvements.

(Ord. No. 16-047, § 24, 9-13-16)

(a)

If a development is constructed in phases or stages in accordance with this section, then, subject to subsection (c), the provisions of section 15-47 (No occupancy, use, or sale of lots until requirements fulfilled) and section 15-59 (exceptions to section 15-47) shall apply to each phase as if it were the entire development.

(b)

As a prerequisite to taking advantage of the provisions of subsection (a), the developer shall submit plans that clearly show the various phases or stages of the proposed development and the requirements of this ordinance that will be satisfied with respect to each phase or stage.

(c)

If a development that is to be built in phases or stages includes improvements that are designed to relate to, benefit, or be used by the entire development (such as a swimming pool or tennis courts in a residential development) then, as part of his application for development approval, the developer shall submit a proposed schedule for completion of such improvements. The schedule shall relate completion of such improvements to completion of one or more phases or stages of the entire development. Once a schedule has been approved and made part of the permit by the permit-issuing authority, no land may be used, no buildings may be occupied, and no subdivision lots may be sold except in accordance with the schedule approved as part of the permit, provided that, if the improvement is one required by this ordinance, then the developer may utilize provisions of subsections 15-59(a) or 15-59(b).

(a)

Unless a different period is provided by a special use permit, a zoning, special use, or sign permit shall expire automatically one year after the issuance of such permit if the work authorized by the permit has not been substantially commenced.

(b)

If after commencement the work or activity is discontinued for a period of twelve months after commencement, the permit shall immediately expire.

(c)

For purposes of this section, a permit within the jurisdiction of the board of adjustment is issued when such board votes to approve the application and issue the permit. A permit within the jurisdiction of the zoning administrator is issued when a copy of the fully executed permit is delivered to the permit recipient, and delivery is accomplished when the permit is hand delivered or mailed to the permit applicant.

(Ord. No. 16-047, § 25, 9-13-16; Ord. No. 22-051, § 18, 12-13-22)

(a)

Zoning, special use, and sign permits authorize the permittee to make use of land and structures in a particular way. Such permits run with the land. Accordingly, so long as the land or structures or any portion thereof covered under a permit continue to be used for the purposes for which the permit was granted, then:

(1)

No person (including successors or assigns of the person who obtained the permit) may make use of the land or structures covered under such permit for the purposes authorized in the permit except in accordance with all the terms and requirements of that permit; and

(2)

The terms and requirements of the permit apply to and restrict the use of land or structures covered under the permit, not only with respect to all persons having any interest in the property at the time the permit was obtained, but also with respect to persons who subsequently obtain any interest in all or part of the covered property and wish to use it for or in connection with purposes other than those for which the permit was originally issued.

(Ord. No. 16-047, § 26, 9-13-16; Ord. No. 22-051, § 19, 12-13-22)

(a)

Minor deviations from the permit (including approved plans) issued by the board of adjustment, or the zoning administrator are permissible and the zoning administrator may authorize such minor deviations. A deviation is minor if it has no discernible impact on neighboring properties, the general public, or those intended to occupy or use the proposed development. Such deviation shall be documented in writing and submitted to the appropriate permit-issuing authority.

(b)

Minor design modifications or minor changes in permits (including approved plans) are permissible with the approval of the permit-issuing authority. Such permission may be obtained without a formal application, public hearing, or payment of any additional fee. For purposes of this section, minor design modifications or changes are those that have no substantial impact on neighboring properties, the general public, or those intended to occupy or use the proposed development.

(c)

All other requests for changes in approved plans, including increases in density or intensity of use shall be considered major changes and be processed as new applications. If such requests are required to be acted upon by the board of adjustment, new conditions may be imposed in accordance with section 15-58, but the applicant retains the right to reject such additional conditions by withdrawing his request for an amendment and may then proceed in accordance with the previously issued permit.

(d)

The zoning administrator shall determine whether amendments to and modifications of permits fall within the categories set forth above in subsections (a), (b) and (c).

(e)

A developer requesting approval of changes shall submit a written request for such approval to the zoning administrator, and that request shall identify the changes. Approval of all changes must be given in writing.

(Ord. No. 2013-239, § 2, 10-22-13; Ord. No. 22-051, § 20, 12-13-22)

(a)

Whenever the board of adjustment disapproves an application for a special use permit or a variance on any basis other than the failure of the applicant to submit a complete application, such action may not be reconsidered by the board within a six-month period unless the applicant clearly demonstrates that:

(1)

Circumstances affecting the property that is the subject of the application have substantially changed;

(2)

New information is available that could not with reasonable diligence have been presented at a previous hearing. A request to be heard on this basis must be filed with the zoning administrator within the time period for an appeal to superior court (see section 15-116). However, such a request does not extend the period within which an appeal must be taken; or

(3)

The board erred in its decision-making due to a misinterpretation of the submitted evidence.

(b)

Notwithstanding subsection (a), the board of adjustment may at any time consider a new application affecting the same property as an application previously denied. A new application is one that differs in some substantial way from the one previously considered.

(Ord. No. 16-047, § 27, 9-13-16)

Recognizing that inordinate delays in acting upon appeals or applications may impose unnecessary costs on the appellant or applicant, the city shall make every reasonable effort to process appeals and permit applications as expeditiously as possible, consistent with the need to ensure that all development conforms to the requirements of this ordinance.

The recipient of any zoning, special use, or sign permit, or his successor, shall be responsible for maintaining all common area improvements, or facilities required by this ordinance or any permit issued in accordance with its provisions, except in those areas, improvements, or facilities with respect to which an offer of dedication to the public has been accepted by the appropriate public authority. As illustrations, and without limiting the generality of the foregoing, this means that private driveways and parking areas, water and sewer lines, and recreational facilities must be properly maintained so that they can be used in the manner intended, and required vegetation and trees used for screening, planting, or shading must be replaced if they die or are destroyed.

(Ord. No. 16-047, § 28, 9-13-16)

Unless otherwise specified in this ordinance, by the planning and zoning board, or other statute, development approvals, except site-specific vesting plans, expire one year after issuance unless work authorized by the development approval has substantially commenced.

(Ord. No. 16-047, § 29, 9-13-16; Ord. No. 22-051, § 21, 12-13-22)

(a)

A statutory vested right shall be deemed established upon the valid approval, by the planning and zoning board, of a site-specific vesting plan. Pursuant to G.S. 160D-108(d), the statutory vesting granted by this ordinance, once established, expires for an uncompleted development project if development work is intentionally and voluntarily discontinued for a period of not less than 24 consecutive months.

(b)

An approved site-specific vesting plan precludes any zoning action by the city that would change, alter, impair, prevent, diminish, or otherwise delay the development or use of the property as set forth in an approved site-specific vesting plan and in accordance with applicable limitations and exceptions.

(c)

A vested right established pursuant to this section shall run for a period of two years from the effective date of the approval of the development application.

(d)

Limits of site-specific vesting plans.

1.

Nothing in this ordinance shall prohibit the revocation of the original approval or other remedies for failure to comply with applicable terms and conditions of the approval or this ordinance. The development remains subject to subsequent review and approvals to ensure compliance with the terms and conditions of the original approval as provided for in the original approval or by applicable regulations.

2.

The establishment of a vested right pursuant to this ordinance shall not preclude the application of overlay zoning that imposes additional requirements but does not affect the allowable type or intensity of use, or ordinances or regulations that are general in nature and are applicable to all property subject to land use regulation by the city including, but not limited to, building, fire, plumbing, electrical, and mechanical codes.

3.

New and amended zoning regulations that would be applicable to certain property but for the establishment of a vested right shall become effective upon the expiration or termination of the vested rights period provided for in this appendix.

4.

Any vested rights for a site-specific vesting plan are subject to the exceptions specified in G.S. 160D-108.1.

(Ord. No. 22-051, § 22, 12-13-22)

Editor's note— Ord. No. 22-051, § 22, adopted December 13, 2022, repealed § 15-68 and enacted a new § 15-68 as set out above and later amended. Former § 15-68 pertained to the duration and termination of vested rights and derived from Ord. No. 16-047, adopted September 13, 2016.

(a)

A vested right, once established, as provided for in this article, precludes any zoning action by the city which would change, alter, impair, prevent, diminish, or otherwise delay the development or use of property as set forth in a special use permit, or an approved general plan, except:

(1)

With the written consent of the affected property owner; or

(2)

Upon findings, by ordinance after notice and a public hearing, that natural or manmade hazards on or in the immediate vicinity of the property, if uncorrected, would pose a serious threat to the public health, safety, and welfare if the project were to proceed as contemplated in the special use permit, or general plan; or

(3)

To the extent that the affected property owner receives compensation for all costs, expenses, and other losses incurred by the property owner, including, but not limited to, all fees paid in consideration of financing, and all architectural, planning, marketing, legal, and other consultant's fees incurred after approval by the city, together with interest thereon at the legal rate until paid. Compensation shall not include any diminution in the value of the property which is caused by such action; or

(4)

Upon findings, by ordinance after notice and a hearing, that the property owner or his representative intentionally supplied inaccurate information or made material misrepresentations which made a difference in the approval by the board of adjustment in the case of special use permits, or the planning and zoning board in the case of general plans; or

(5)

Upon the enactment or promulgation of a state or federal law or regulation which precludes development as authorized by a special use permit, or as contemplated in the subdivision general plan, in which case the board of adjustment, or planning and zoning board, as the case may be, may modify, by ordinance after notice and a public hearing, the affected provisions, upon a finding that the change in state or federal law has a fundamental effect on the plan.

(b)

The establishment of a vested right shall not preclude the application of overlay zoning which imposes additional requirements but does not affect the allowable type or intensity of use, or ordinances, or regulations which are general in nature and are applicable to all property subject to land use regulation by the city, including, but not limited to, building, fire, plumbing, electrical, and mechanical codes. Otherwise, applicable new regulations shall become effective with respect to property which is subject to a special use permit, or general plan upon the expiration or termination of the vesting period provided for in this section.

(c)

Notwithstanding any provision of this section, the establishment of a vested right shall not preclude, change, or impair the authority of the city to adopt and enforce zoning ordinance provisions governing nonconforming situations or uses.

(Ord. No. 16-047, § 31, 9-13-16)

Editor's note— Ord. No. 16-047, § 31, adopted September 13, 2016 repealed and replaced § 15-69 in its entirety. Former § 15-69 pertained to "Subsequent changes prohibited [after establishment of vested right]; exceptions," and was derived from Original Code.

(a)

All decisions and determinations of the zoning administrator pertaining to vested rights may be appealed to the board of adjustment pursuant to section 15-91.

(b)

A site-specific development plan shall be deemed approved upon the effective date of the planning board's action relating thereto.

(c)

A zoning vested right is not a personal right, but shall attach to and run with the applicable property. After approval of a site-specific development plan, all successors to the original landowner shall be entitled to exercise such right while applicable.

(d)

Each map, plat, site plan or other document evidencing a site specific development plan shall contain the following notation: "The planning and zoning board has granted a zoning vested right under G.S. 160D-108 on {Insert Date} valid for two (2) years from this date." The site-specific development plan shall not be valid unless signed by the director.

(e)

Nothing in this chapter shall prohibit the revocation of the original approval or other remedies for failure to comply with applicable terms and conditions of the approval or this ordinance.

(f)

Nothing in this ordinance is intended or shall be deemed to create any vested right other than those established pursuant to G.S. 160D-108.

(g)

If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance. The board of aldermen hereby declares that it would have passed this ordinance and each section, subsection, clause and phrase thereof, irrespective of the fact that any one (1) or more sections, subsections, sentences or clauses be declared invalid.

(Ord. No. 16-047, § 32, 9-13-16; Ord. No. 22-051, § 23, 12-13-22)

Editor's note— Ord. No. 16-047, § 32, adopted September 13, 2016 amended § 15-70 to read as set out herein. Previously § 15-70 was titled "Miscellaneous provisions [pertaining to vested rights]."

(a)

Site plan review shall be required for all development projects involving the development, exterior alteration, relocation, occupancy, or change in use of any building. The site plan shall be reviewed by city departmental review staff and approved by either the board of adjustment, in the case of special use permit projects, or zoning administrator, in the case of zoning permit projects. Site plan review shall also be required for the resumption of any use discontinued for more than 180 days that involves an exterior change, or for the expansion of any use. "Expansion" shall include any activity that requires a building permit and results in an increase in square footage of at least 25 percent, or a change in occupancy that requires a new certificate of occupancy.

(b)

Site plan review shall not be required for the construction, enlargement, or use of any single-family attached, single family detached or duplex or building accessory to such building.

(Ord. No. 16-047, § 33, 9-13-16)

(a)

An applicant for site plan review shall file with the development services department at least 11 calendar days prior to the regularly scheduled meeting of the departmental review staff 14 copies of the site plan documents drawn to a scale not to exceed one inch equals 100 feet on standard 24-inch by 36-inch sheets, and one digital copy containing electronic copies of submittal package a format deemed acceptable by the Zoning Administrator. The planning staff shall acknowledge receipt of these plans by endorsing them with a signature and a date. The planning staff, along with other departmental staff, shall review the documents for compliance with the submission data requirements and provide its recommendations with the submitted documents to either the board of adjustment, in the case of special use permits, or zoning administrator, in the case of zoning permits.

(b)

The permit-issuing authority shall review the proposed site plan and take final action on the proposal. The date of consideration of site plan proposals shall be based upon the submission schedule established by the permit-issuing authority. The board of adjustment or the zoning administrator as the case may be shall review the site plan and supporting documents, taking into consideration the reasonable fulfillment of the objectives listed in subsection (a) of this section. The final action, rendered in writing, shall consist of either:

1.

Approval of the site plan based upon a determination that the proposed plan is in compliance with the standards set forth in this article; or

2.

Approval of the site plan subject to any conditions, modifications, and restrictions as required by the board of adjustment or zoning administrator which will ensure that the project meets the listed principal areas of interest; or

3.

Disapproval of the site plan based upon a determination that the proposed project does not meet the standards for review set forth in this ordinance.

(Ord. No. 16-047, § 34, 9-13-16)

(a)

Site plans shall be prepared by a registered professional surveyor, landscape architect, architect, engineer or other licensed professional with demonstrated skills to complete the site plan at a scale not to exceed one inch equals 100 feet, on standard 24-inch by 36 inch sheets, with continuation sheets on 8 1/2-inch by 11-inch sheets as necessary for written information.

(b)

Fourteen folded sets of complete site plans and one digital copy containing electronic copies of submittal package in a format deemed acceptable by the Zoning Administrator to be submitted to city staff.

(c)

The site plan shall include the following data, details, and supporting plans. The number of pages submitted will depend on the proposal's size and complexity. All of the requirements must be met in each plan with notations explaining the reasons for any omissions. Items required for submission include:

1.

Name of project, clearly delineated boundaries, north arrow, scale, square footage or acreage of entire tract, as well as any proposed structures, and a site plan with vicinity map, including surrounding street system, existing uses and zoning classifications.

2.

Name and address of owner, developer, and seal of architect or other similar professional, if applicable.

3.

Name of development, plus all addresses supplied by E-911.

4.

Names and addresses of all abutting property owners.

6.

All existing and proposed lot lines, easements, and rights-of-way.

7.

Location of all existing buildings and structures.

8.

Site plan of existing conditions including wooded areas, marshes, wetlands, etc.

9.

Other proposed rights-of-way and easements.

10.

Proposed lot lines, lot numbers, building envelopes in the case of a PUD, and approximate dimensions.

11.

Contour map-one foot intervals based on sea level data.

12.

Proposed plantings, mini-parks, school sites, public open space, if applicable.

13.

Provisions for the maintenance of open space and parks including draft of conservation easement, if applicable.

14.

Profiles showing grade of streets, sewers, water lines, etc.

15.

Plans for proposed utilities, including water, gas, sanitary sewer, storm drainage, electric, telephone, cable etc.

16.

Proposed planting plan, including type and detail of required screening;

17.

Postal enumeration of each lot in the subdivision.

18.

Verification of submission of stormwater management and sedimentation erosion control plans, if applicable.

19.

Statement by developer that wetlands are not present on the site or that appropriate permits are being sought.

20.

Site data chart containing.

i.

Acreage in tract.

ii.

Acreage in open space, parks or schools.

iii.

Average lot size.

iv.

Total number of lots.

v.

Linear feet in streets.

(Ord. No. 16-047, § 35, 9-13-16)

Major subdivisions are subject to a two-step approval process. Physical improvements to the land to be subdivided are authorized by approval of the proposed subdivision by the director of development services or their designee at the general plan stage, and sale of lots is permitted after final plat approval as provided in section 15-79 (major subdivision approval process). Minor subdivisions only require a one-step approval process for final plat approval in accordance with section 15-78 (minor subdivision approval).

(Ord. No. 25-024, § 1, 5-13-25)

(a)

No person shall commence or proceed with a subdivision of land without first securing approval under this ordinance from the city.

(b)

No subdivision within the city's planning and development regulation jurisdiction shall be filed or recorded until it shall have been submitted to and approved by the city as herein provided, and until this approval shall have been entered on the face of the plat in writing by an authorized representative of the city.

(c)

The review officer, pursuant to G.S. 47-30.2, shall not certify a subdivision plat that has not been approved in accordance with this ordinance nor shall the clerk of superior court order or direct the recording of a plat if the recording would be in conflict with this ordinance.

(d)

A plat shall be prepared, approved and recorded pursuant to this ordinance whenever a subdivision of land takes place.

(e)

Building permits may be denied for lots that have been illegally subdivided.

(Ord. No. 22-051, § 24, 12-13-22)

(a)

The director of planning and inspections shall approve or disapprove minor subdivision final plats in accordance with the provisions of this section.

(b)

The applicant for minor subdivision plat approval, before complying with subsection (c), shall submit a subdivision plat to the director of planning and inspections for a determination of whether the approval process authorized by this section can be and should be utilized. The planning director may require the applicant to submit whatever information is necessary to make this determination including, but not limited to, a copy of the tax map showing the land being subdivided and all lots previously subdivided from that tract of land within the previous five years.

(c)

Applicants for minor subdivision approval shall submit to the director of planning and inspections a copy of a plat conforming to the requirements set forth in section 15-79(c), as well as eight prints of such plat, except that a minor subdivision plat shall contain the following certificates in lieu of those required in section 15-80.

(1)

Certificate of ownership.

I hereby certify that I am the owner of the property described hereon, which property is within the subdivision regulation jurisdiction of the City of New Bern, and that I freely adopt this plan of subdivision.

(2)

Certificate of approval.

I hereby certify that the minor subdivision, shown on this plat, does not involve the creation of new public streets or any change in existing public streets, or right-of-way dedication, no access easements, no utility extension; and that the subdivision shown is in all respects in compliance with the City Code, and that therefore this plat has been approved by the New Bern director of planning and inspections, subject to its being recorded in the Register of Deeds Office of Craven County within one year of the date shown below.

(3)

[Certificate of survey and accuracy.] A certificate of survey and accuracy, in the form stated in section 15-80, the same form required for major subdivision plats.

(d)

The director of planning and inspections shall review an application for minor subdivision plat approval within 30 days of receipt of a completed application. However, either the director of planning and inspections or the applicant may at any time subject the application to the major subdivision approval process.

(e)

No more than a total of six lots may be created out of one tract using the minor subdivision plat approval process, regardless of whether the lots are created at one time or over an extended period of time.

(1)

Planned unit developments (PUD's) may not be approved through the minor subdivision approval process as PUD's typically involve a deviation from the dimensional requirements prescribed in this ordinance.

(2)

Non-conforming lots created prior to 1953 containing two or more detached single-family dwellings may be subdivided in accordance with the provisions of this section into lots containing individual detached single-family dwellings that may not meet the minimum lot standards of this ordinance, provided that:

(a)

Each of the resulting subdivided lots meets the requirements for a minor subdivision, other than the minimum standards of this ordinance.

(b)

No new street improvements or right-of-way dedication is required.

(c)

No water and/or sewer utility extensions are required.

(d)

Each of the resulting subdivided lots abuts a public street with street frontage not less than twenty-five (25) feet; and

(e)

The resulting front setback from the public street to the front building line of each dwelling is within a range comprised of the minimum and maximum setbacks established by the actual front yard setbacks of all dwellings within 500 feet of each side of the resulting subdivided lots, including any existing dwellings on other resulting subdivided lots.

(f)

The following notes shall appear on the plat of the resulting lots:

(1)

"No further subdivision of these lots shall be permitted using the minor subdivision process."

(2)

"No change of use of these lots shall be permitted unless applicable requirements of this ordinance are met."

(f)

Subject to subsection (d), the director of planning and inspections shall approve the proposed subdivision unless the subdivision is not a minor subdivision as defined in section 15-15, or the application, or the proposed subdivision fails to comply with subsection (e) or any other applicable requirement of this ordinance.

(g)

If the subdivision is disapproved, the applicant may submit a revised preliminary plat, or appeal the decision as provided in Article V.

(h)

Approval of any plat is contingent upon the plat being recorded within one year after the date the certificate of approval is signed by the director of planning and inspections. The city shall not be responsible for holding said plat prior to recording beyond a 14-day period.

(Ord. No. 2002-24, § 2, 3-26-02; Ord. No. 22-051, § 25, 12-13-22; Ord. No. 25-026, § 2, 6-10-25)

The director of development services or their designee shall approve or disapprove major subdivision final plats in accordance with the provisions of this section. To obtain final plat approval, the subdivider shall undergo a two-step process:

(a)

General plan. In filing a general plan, the applicant desiring to subdivide within the city shall comply with the requirements herein below set forth.

(1)

The general plan shall contain the following information:

(a)

Existing and platted property lines, streets, buildings, watercourses, sewers, water mains (existing and proposed), transmission lines, bridges, culverts, drain pipes, city and county lines, and any public utility easements.

(b)

Boundaries of tract, showing bearings and distances.

(c)

Site plan of existing conditions including wooded areas, marshes, and wetlands, if applicable.

(d)

Names of all adjoining property owners.

(e)

Zoning classifications both on land to be subdivided and adjoining land.

(f)

Plans for proposed utilities, including water, gas, sanitary sewer, storm drainage, electric, telephone, and cable.

(g)

Other proposed rights-of-way, easements.

(h)

Proposed lot lines, lot numbers, building envelopes in the case of PUDs, and approximate dimensions.

(i)

Proposed minimum setback lines.

(j)

Contour map: one-foot intervals based on sea level datum.

(k)

Proposed mini-parks, school sites, public open space, if applicable.

(l)

Provisions for the preservation and maintenance of mini-parks and open space, including draft of conservation easement; if applicable.

(m)

Proposed planting plan, including type and details of required screening, if applicable.

(n)

Sketch vicinity plan.

(o)

Name of owner, surveyor, and planner.

(p)

Title, date, north point, and graphic scale.

(q)

Verification of submission of stormwater management and sedimentation control plans, if applicable.

(r)

Site data including acreage in total tract, mini-parks, open space, school sites, etc.; average lot size; total number of lots; lineal feet in streets.

(s)

Profiles showing grades of streets, sewers, water lines, etc.

(t)

Postal enumeration of each lot in the subdivision.

(u)

Statement by developer/subdivider that wetlands are not present on the site or that appropriate permits have been sought.

(2)

The applicant shall submit one print and one digital (in a format deemed acceptable by the zoning administrator) set of copies of the general plan and any supplementary material to the director of development services or their designee department review purposes. The general plan shall be of a scale of one inch equals 100 feet or larger and shall be of a sheet size of 18 inches by 24 inches or larger.

(3)

The planning staff shall distribute copies of the proposed subdivision to: (1) appropriate departments for review; (2) the district highway engineer as to proposed state streets, state highways, and related drainage systems; (3) the county health director or local public utility, as appropriate, as to proposed water or sewerage systems; and (4) any governmental agency or agencies having a specific interest in the subdivision for their recommendations.

(4)

The general plan shall be reviewed by board director of development services or their designee.

(5)

The director of development services or their designee shall approve or disapprove the general plan.

(a)

Approval of the general plan is authorization for the subdivider to proceed with the construction of the necessary improvements in preparation for the final plat.

(b)

If the director of development services or their designee should disapprove the general plan, the reasons for such action shall be noted in the minutes and recommendations made on the basis of which the proposed subdivision could be approved. The applicant may make such changes as will bring the proposed subdivision into compliance with the provisions of this ordinance and resubmit the plat for reconsideration by the director of development services or their designee, or appeal the decision as provided in article V.

(c)

Failure on the part of the director of development services or their designee to act within 60 days after a completed general plan is submitted shall be deemed approval.

(d)

The action of the director of development services or their designee shall be noted on one copy of the general plan. This copy shall be retained in the permanent files of development services department.

(e)

Approval of the general plan by the director of development services or their designee establishes a vested right as provided in sections 15-67 through 15-70 of this ordinance.

(f)

The director of development services or their designee shall give written notice of the approval or reasons for disapproval to the owner of the property that is the subject of the subdivision and to the party who sought the subdivision determination, if different from the owner within 14 calendar days of the date of the approval or disapproval. The written notice shall be delivered by personal delivery, email, or first-class mail. The notice shall be delivered to the last address listed for the owner of the property that is the subject of the subdivision determination on the county tax abstract and to the address provided in the application or request for a subdivision determination if the party seeking the determination is different from the owner.

(b)

Final plat. Upon completion of arrangement for the improvements shown on the approved general plan, the applicant shall submit a final plat of the area covered by such improvements.

(1)

The applicant shall submit the original tracing, drawn in waterproof ink on a sheet(s) made of material that will be acceptable to the county register of deed's office for recording purposes, and three copies of the final plat to the development services department within 24 months after approval of the general plan by the director of development services or their designee; otherwise, such approval shall become null and void unless an extension of time is applied for and granted by the director of development services or their designee.

(a)

On application for final plat approval, the applicant shall pay an inspection fee according to the fee scheduled found at the development services department, to the city.

(2)

The final plat shall be at the same scale (one inch equals 100 feet or larger) and on the same sheet size as the general plan (18 inches by 24 inches or larger) and shall conform substantially to the general plan as approved. The applicant shall furnish three 18-inch by 24-inch copies and one digital copy (in a format to be specified by director of development services or their designee) for department review purposes. The final plat shall constitute only that portion of the approved general plan which the applicant proposes to record and develop at the time, provided, however, that such portion conforms to all requirements of this ordinance. The final plat shall show:

(a)

The lines of all streets and roads.

(b)

Lot lines and lot numbers.

(c)

Building envelopes in the case of PUDs.

(d)

Reservations, easements, alleys, and any other areas to be dedicated to public use or for conservation purposes, or sites for other than residential use with notes stating their purpose and any limitations.

(e)

Sufficient data to determine readily and reproduce on the ground, the location, bearing, and length of every street line, block line, and building line, whether curved or straight, and including true north point. This should include the radius, central angle, and tangent distance for the centerline of curved streets and curved property lines that are not the boundary of curved streets.

(f)

All dimensions should be to the nearest one-tenth of a foot and angles to the nearest minute.

(g)

Accurate location and description of all monuments and markers.

(h)

The names and locations of adjoining subdivisions and streets, and the location and ownership of adjoining unsubdivided property.

(i)

Title, date, name, and location of subdivision, graphic scale, and true north point.

(j)

Name of owner, surveyor and land planner.

(k)

Written approval by the Corps of Engineers with reference to wetlands, if applicable.

(l)

Postal enumeration of each lot in the subdivision.

(3)

Supplementary materials for final plat:

(a)

A draft of all restrictive covenants whereby the subdivider proposes to regulate land use in the subdivision and otherwise protect the proposed development.

(b)

In subdivisions where limited access streets are constructed, the final plat shall show a restricted easement of access along the entire length of the street as it is to be constructed denoting all connections to the street allowed for ingress and egress to properties whether improved or reserved for future improvement.

(c)

All documents establishing compliance with section 15-59 regarding performance guarantees.

(4)

The director of development services or their designee shall review the final plat for compliance with the provisions of this ordinance and with the approved general plan.

(a)

If the final plat is found to be in compliance, the director of development services or their designee shall approve the final plat; or

(b)

If the final plat is found not to be in compliance or if changes have been made from the approved general plan, the director of development services or their designee shall disapprove the final plat.

(c)

If the final plat is approved, a statement of such fact shall be transcribed on the original and one reproducible copy of the plat. The tracing and reproducible copy shall be returned to the applicant. The applicant shall keep the original, record the reproducible copy with the county register of deeds office in a manner acceptable to that office, and provide one reproducible copy and seven copies (complete with all endorsements) to be distributed to city departments and placed in the city's permanent files.

(d)

The director of development services or their designee shall give written notice to the owner of the property that is the subject of the subdivision and to the party who sought the subdivision determination, if different from the owner, within 14 calendar days of the date of the approval or disapproval. The written notice shall be delivered by personal delivery, email, or first-class mail. The notice shall be delivered to the last address listed for the owner of the property that is the subject of the subdivision determination on the county tax abstract and to the address provided in the application or request for a subdivision determination if the party seeking the determination is different from the owner.

(e)

Approval of a final plat is contingent upon the plat being recorded within one year after the approval certificate is signed by the mayor.

(f)

Failure on the part of the mayor or director of development services or their designee to act within 60 days after a submission of the completed final plat shall be deemed an approval.

(Ord. No. 2013-227, § 2, 8-27-13; Ord. No. 16-047, § 36, 9-13-16; Ord. No. 20-045, §§ 1, 2, 10-13-20; Ord. No. 22-051, § 26, 12-13-22; Ord. No. 25-024, § 1, 5-13-25)

All major subdivision plats shall contain the endorsements listed in subsections (1), (2), and (3) herein. The endorsements listed in subsection (4) shall appear on plats of all major subdivisions located outside the corporate limits of the city but within the planning jurisdiction.

(1)

Certificate of approval.

I hereby certify that all streets shown on this plat are within the City of New Bern's planning jurisdiction, all streets and other improvements shown on this plat have been installed or completed or that their installation or completion (within 12 months after the date below) has been ensured by the posting of a performance bond or other sufficient surety, and that the subdivision shown on this plat is in all respects in compliance with the New Bern City Code, and therefore this plat has been approved by the Director of Development Services or their designee subject to its being recorded in the Register of Deeds Office of Craven County within one year of the date below.

(2)

Certificate of ownership and dedication.

I hereby certify that I am the owner of the property described hereon, which property is located within the subdivision regulation jurisdiction of the City of New Bern, that I hereby freely adopt this plan of subdivision and dedicate to public use all areas shown on this plat as streets, alleys, walks, parks, open space, and easements, except those specifically indicated as private, and that I will maintain all such areas until the offer of dedication is accepted by the appropriate authority. All property shown on this plat as dedicated for a public use shall be deemed to be dedicated for any other public use authorized by law when such other use is approved by the Board of Aldermen in the public interest.

(3)

Certificate of survey and accuracy.

I, _____, certify that this plat was drawn under my supervision from an actual survey made under my supervision (deed description recorded in Book ___, Page ___ of the Register of Deeds Office of Craven County); that the boundaries not surveyed are clearly indicated as drawn from information found in Book ___, Page ___; that the ratio of precision or positional accuracy as calculated is ___; that this plat was prepared in accordance with N.C.G.S. 47-30 as amended. Witness my original signature, license number and seal this ___ day of ___, A.D., ___.

Seal or Stamp

(4)

Division of highways district engineer certificate.

I hereby certify that the public streets shown on this plat have been completed, or that a performance bond or that sufficient surety has been posted to guarantee their completion, in accordance with at least the minimum specifications and standards of the N.C. State Department of Transportation for acceptance of subdivision streets on the state highway system for maintenance.

(Ord. No. 22-010, § 1, 3-22-22; Ord. No. 22-051, § 27, 12-13-22; Ord. No. 25-024, § 2, 5-13-25)

Approval of plat does not constitute acceptance by the city of the offer of dedication of any streets, sidewalks, parks or other public facilities shown on a plat. However, the city may accept any such offer of dedication by resolution of the board of aldermen or by actually exercising control over and maintaining such facilities.

In lieu of requiring the completion, installation, and dedication of all public improvements prior to final plat approval, the city may enter into an agreement with the subdivider whereby the subdivider shall agree to complete all required improvements. Once said agreement is signed by both parties and the security required herein is provided, the final plat may be approved by the director of development services or their designee if all other requirements of this ordinance are met. To secure this agreement, the developer shall provide, subject to approval of the city manager.

For purposes of this section, all of the following apply with respect to performance guarantees:

(1)

Type. The type of performance guarantee shall be at the election of the developer. The term "performance guarantee" means any of the following forms of guarantee:

(a)

Surety bond issued by any company authorized to do business in this state.

(b)

Letter of credit issued by any financial institution licensed to do business in this state.

(c)

Other form of guarantee that provides equivalent security to a surety bond or letter of credit.

(2)

Duration. The duration of the performance guarantee shall initially be one year, unless the developer determines that the scope of work for the required improvements necessitates a longer duration. In the case of a bonded obligation, the completion date shall be set one year from the date the bond is issued, unless the developer determines that the scope of work for the required improvements necessitates a longer duration.

(3)

Extension. A developer shall demonstrate reasonable, good-faith progress toward completion of the required improvements that are secured by the performance guarantee or any extension. If the improvements are not completed to the specifications of the city, and the current performance guarantee is likely to expire prior to completion of the required improvements, the performance guarantee shall be extended, or a new performance guarantee issued, for an additional period. An extension under this subdivision shall only be for a duration necessary to complete the required improvements. If a new performance guarantee is issued, the amount shall be determined by the procedure provided in subdivision (5) of this subsection and shall include the total cost of all incomplete improvements.

(4)

Release. The performance guarantee shall be returned or released, as appropriate, in a timely manner upon the acknowledgement by the city that the improvements for which the performance guarantee is being required are complete. The city shall return letters of credit or escrowed funds upon completion of the required improvements to its specifications or upon acceptance of the required improvements, if the required improvements are subject to city acceptance. When required improvements that are secured by a bond are completed to the specifications of the city, or are accepted by the city, if subject to its acceptance, upon request by the developer, the city shall timely provide written acknowledgement that the required improvements have been completed.

(5)

Amount. The amount of the performance guarantee shall not exceed one hundred twenty-five percent (125%) of the reasonably estimated cost of completion at the time the performance guarantee is issued. The Town may determine the amount of the performance guarantee or use a cost estimate determined by the developer. The reasonably estimated cost of completion shall include one hundred percent (100%) of the costs for labor and materials necessary for completion of the required improvements. Where applicable, the costs shall be based on unit pricing. The additional twenty-five percent (25%) allowed under this subdivision includes inflation and all costs of administration regardless of how such fees or charges are denominated. The amount of any extension of any performance guarantee shall be determined according to the procedures for determining the initial guarantee and shall not exceed one hundred twenty-five percent (125%) of the reasonably estimated cost of completion of the remaining incomplete improvements still outstanding at the time the extension is obtained.

(6)

Timing. A performance guarantee required under this section shall be posted at the time the plat is recorded.

(7)

Coverage. The performance guarantee shall only be used for completion of the required improvements and not for repairs or maintenance after completion.

(8)

Legal responsibilities. No person shall have or may claim any rights under or to any performance guarantee provided pursuant to this subsection or in the proceeds of any such performance guarantee other than the following:

(a)

The city.

(b)

The developer at whose request or for whose benefit the performance guarantee is given.

(c)

The person or entity issuing or providing the performance guarantee at the request of or for the benefit of the developer.

(Ord. No. 22-051, § 28, 12-13-22; Ord. No. 25-024, § 1, 5-13-25)

Editor's note— Ord. No. 22-051, § 28, adopted December 13, 2022, repealed § 15-82 and enacted a new § 15-82 as set out above and later amended. Former § 15-82 pertained to protection against defects and derived from Ord. No. 16-047, adopted September 13, 2016; and Ord. No. 17-012, adopted May 9, 2017.

As provided in section 15-66 (Maintenance of common areas, improvements and facilities), all facilities and improvements with respect to which the owner makes an offer of dedication to public use shall be maintained by the owner until such offer of dedication is accepted by the appropriate authority.

(a)

As referenced in section 15-63 (amendments to and minor modifications of permits), minor changes or amendments to previously approved subdivision plans may be authorized by the zoning administrator or the director of development services. For purposes of this ordinance, a change is "minor" or "insignificant" if it has no discernible impact on neighboring properties, the general public, or those intended to live or work within the proposed subdivision. Such minor changes shall be documented in writing and reported to the appropriate plan-approving authority at their next regularly scheduled meeting and submitted for their records. All other amendments shall receive the approval of the director of development services or their designee.

(b)

In the case of changes deemed not to be "minor" associated with subdivision plans that are planned unit developments (PUDs), a sign shall be posted in the vicinity of the area where the proposed change is to take place indicating the nature of the change and the time and location of the plan-approving authority's consideration of said change. Said sign shall be posted no less than seven days prior to the regularly scheduled meeting of the plan-approving authority.

(c)

The zoning administrator or the director of development services shall determine whether changes or amendments to subdivision plans are "minor" or "insignificant" in nature.

(d)

A developer requesting approval of changes shall submit a written request for such approval to the zoning administrator and that request shall identify the changes. Approval of all changes must be given in writing.

(Ord. No. 2013-227, § 3, 8-27-13; Ord. No. 22-051, § 29, 12-13-22; Ord. No. 25-024, § 5, 5-13-25)

The planning staff shall give notice of any major subdivision approval as follows:

(1)

With respect to general subdivision plans (including planned unit developments (PUDs) and cluster subdivisions) that are reviewed by the director of development services or their designee, notice shall be given to those persons who own property abutting the parcel/tract that is the subject of the subdivision by mailing a written notice no later than seven (7) calendar days before the date of the written notice of the decision of the director of development services or their designee to approve or disapprove the general plan. Addresses shall be derived from county GIS and tax records within seven (7) days of the date of mailing. For the purpose of this section, properties are "abutting" even if separated by a street, alley, or other transportation corridor. The written notice shall provide the following:

(a)

The street address and tax parcel numbers for which a general subdivision plan has been submitted;

(b)

The earliest date on which the decision to approve or disapprove the subdivision shall be made;

(c)

The city office location where a copy of the general subdivision plan is available for review;

(d)

The website address where the city's land use ordinance may be reviewed; and

(e)

The staff person's name, telephone number, and email address where questions or comments regarding the general subdivision plan may be directed.

(2)

The landowner, applicant, or person who sought the subdivision determination shall cause a sign to be posted prominently on the property that is the subject of the subdivision approval no less than seven (7) calendar days before the date of the written notice of the decision of the director of development services or their designee to approve or disapprove the general plan. The posted sign shall contain the words "Subdivision Decision" in letters at least six inches high and shall identify the means to contact a city staff member for information about the subdivision determination. Verification of the initial posting, and the date on which the sign is removed shall be provided to the staff member responsible for the subdivision determination. It is conclusively presumed that all persons with standing to appeal have constructive notice of the subdivision determination as of the date of the written notice of the decision of the director of development services or their designee to approve or disapprove the general plan provided that a sign providing notice is posted on the property consistent with the provisions of this section and remains on the property for at least 10 days after the date of the written notice of the decision of the director of development services or their designee to approve or disapprove the general plan." The city shall make approved signs available to subdivision applicant. Signs shall be posted on each public street that abuts the property that is the subject of the subdivision approval.

(Ord. No. 1997-34, § 1, 7-8-97; Ord. No. 2013-227, § 4, 8-27-13; Ord. No. 22-051, § 30, 12-13-22; Ord. No. 25-024, § 6, 5-13-25)

(a)

There are hereby established different planned unit developments (PUDs) as described in this section. Each PUD is designed to accommodate a range of residential, commercial, or industrial uses either singularly or in combination. The intent of a planned unit development is to provide the necessary flexibility to encourage creative land development, while working with the density and permissible use requirements mandated by the established zoning districts and the city's standards for streets and other public utilities. Planned unit developments may be constructed without complying with minimum lot size, permissible yard coverage, yard dimensions, and setback requirements within the district in which the development is located. However, all planned unit developments shall be located no less than 20 feet from any adjoining property zoned for residential uses only, unless the use is commercial or industrial in nature in which case the separation must be no less than 100 feet. Such separations shall be accomplished through the use of appropriate screening as detailed in article XIX, section 15-365.

(1)

The residential planned unit development (PUD) is designed to accommodate those uses which would be permissible in one of the City of New Bern's eight residential zoning districts (A-5, R-20, R-15, R-10, R-10A, R-10S, R-8, and R-6). All development must be in accordance with the regulations applicable to the residential zoning district to which the particular PUD corresponds, except as modified in paragraph (a) of this section.

(2)

The residential/commercial planned unit development (PUD) is designed to accommodate a combination of residential and C-4 commercial uses. Within the portion of a PUD that is developed for purposes permissible in a commercial district, all development must be properly screened from adjoining residential developments within the PUD in accordance with the standards outlined in article XIX, section 15-365 (Table of screening requirements). All development must be in accordance with the regulations applicable to the commercial district in which the particular PUD is to be located. Additionally, no commercial use located within the residential/commercial PUD may be located within 100 feet of any residential district that is not a part of the PUD.

(3)

The commercial planned unit development (PUD) is designed to accommodate those uses which would be permissible in one of the City of New Bern's six commercial zoning districts (C-1, C-2, C-3, C-4, C-5, and C-5A). All development must be in accordance with the regulations applicable to the commercial district in which the particular PUD zoning district is to be located.

(4)

The commercial/industrial planned unit development (PUD) is designed to accommodate a combination of commercial and light industrial uses. Within the portion of the PUD that is developed for purposes permissible in an I-1 industrial district, all development must be properly screened from adjoining commercial development in the PUD in accordance with the standards outlined in article XIX, section 15-365 (Table of screening requirements).

(5)

The industrial planned unit development (PUD) is designed to accommodate those uses which would be permissible in one of the City of New Bern's two industrial zoning districts (I-1 and I-2). All development must be in accordance with the regulations applicable to the industrial district in which the particular PUD is to be located.

(b)

Within any tract in a residential zoning district developed as a residential/commercial PUD, not more than ten percent of the total tract area may be developed for purposes that are permissible only in a commercial zoning district. Likewise, within any tract in a commercial zoning district developed as a commercial/industrial PUD, not more than ten percent of the total tract area may be developed for purposes that are permissible in an I-1 zoning district.

(c)

The plans for the proposed planned unit development shall indicate the particular portions of the tract that the developer intends to develop for purposes permissible in a residential district (as applicable), purposes permissible in a commercial district (as applicable), and purposes permissible only in an industrial district (as applicable). For purposes of determining the substantive regulations that apply to the planned unit development, each portion of the tract so designated shall then be treated as if it were a separate district, zoned to permit, respectively, residential, commercial, or industrial uses. However, only one permit (a planned unit development permit) shall be issued for the entire development. Said permit may be issued by the zoning administrator following subdivision general plan approval.

(d)

The nonresidential portions of any planned unit development may not be occupied until all of the residential portions of the development are completed or their completion is assured by any of the mechanisms provided in article IV to guarantee completion. The purpose and intent of this provision is to ensure that the planned unit development procedure is not used, intentionally or unintentionally, to create nonresidential uses in areas generally zoned for residential uses except as part of an integrated and well-planned, primarily residential, development.

(Ord. No. 17-012, § 3, 5-9-17)