In order to establish an orderly process to develop land within the jurisdiction of the Town of Newport consistent with standard development practices and terminology, it is the purpose of this article to provide a clear and comprehensible development process that is fair and equitable to all interests, including the applicants, affected neighbors, town staff and related agencies, and the Town Council.

(Ord. 2021-02, passed 6-14-2021)

   No land shall be used or occupied, no use shall be established, and no structures shall be erected, modified, moved, extended, or enlarged, nor shall any excavation or filling of any lot be initiated until the Ordinance Administrator has issued an appropriate permit, which will certify that the proposed work is in conformity with the provisions of this ordinance.

(Ord. 2021-02, passed 6-14-2021)

   Administrative staff may inspect work undertaken pursuant to a development approval to assure that the work is being done in accordance with applicable state and local laws and of the terms of the approval. In exercising this power, staff are authorized to enter any premises within the jurisdiction of the local government at all reasonable hours for the purposes of inspection or other enforcement action, upon presentation of proper credentials; provided, however, that the appropriate consent has been given for inspection of areas not open to the public or that an appropriate inspection warrant has been secured (G.S. § 160D-403(e), § 160D-402(b)).

(Ord. 2021-02, passed 6-14-2021)

   A building permit issued pursuant to this ordinance shall expire by limitation six months after the date of issuance if the work authorized by the permit has not been commenced. If, after commencement, the work is discontinued for a period of 12 months, the permit therefor shall immediately expire. No work authorized by any building permit that has expired shall thereafter be performed until a new permit has been secured (NCGS 160D-1111).

(Ord. 2021-02, passed 6-14-2021)

   Applications for development approval under this ordinance in accordance with § 3-3.5 "Application Submission" shall be submitted by the landowner or a person acting on the behalf of the landowner with their authorization and consent.

(Ord. 2021-02, passed 6-14-2021)

   The Ordinance Administrator shall establish the requirements for the general form and content of applications required by this ordinance. These shall be in addition to any specific application content requirements established by this ordinance.

(Ord. 2021-02, passed 6-14-2021)

   As warranted, the Town Council shall adopt a schedule of fees for application and processing as specified in this ordinance as a part of the Town of Newport's annual budgeting process.

(Ord. 2021-02, passed 6-14-2021)

   The Ordinance Administrator shall establish a submission and review schedule, including time frames for review, for development applications. This schedule may be amended and updated as determined necessary.

(Ord. 2021-02, passed 6-14-2021)

   All applications shall be submitted to the Ordinance Administrator on such forms and in such numbers as have been established for that type of development application. Applications which do not meet the requirements of § 3-3.6 "Determination of Completeness" shall be considered incomplete, and their review deferred until such time that all requirements of that section have been fulfilled.

(Ord. 2021-02, passed 6-14-2021)

   a.   Review of completeness. Upon the receipt of an application, the Ordinance Administrator shall review the application for completeness. A complete application is one that:

      (1)   Contains all information and materials established by the Ordinance Administrator, or set forth elsewhere in this ordinance, for the particular type of development application;

      (2)   Is in the form established by the Ordinance Administrator for the particular type of development application;

      (3)   Includes information in sufficient detail to evaluate the application to determine whether it complies with the appropriate standards of this ordinance; and

      (4)   Is accompanied by the fee established for the particular type of application.

   b.   Incomplete applications. If an application is determined to be incomplete, the Ordinance Administrator shall notify the applicant of the deficiencies within ten business days following submittal. Upon receiving the notification, the applicant may correct deficiencies and resubmit the application for review.

(Ord. 2021-02, passed 6-14-2021)

   When an application that is subject to final approval by the Ordinance Administrator is submitted and determined to be complete, they shall review the application and approve or deny it based on the standards of this ordinance. The Ordinance Administrator must notify the applicant of their decision within the time period set forth in the submission and review schedule.

(Ord. 2021-02, passed 6-14-2021)

   When an application that must be considered by a reviewing and/or decision-making body is submitted and determined to be complete, the Ordinance Administrator shall review the application and prepare a written staff report.

      (1)   The staff report shall be addressed to the appropriate body, and state whether the application complies with all appropriate standards of this ordinance and all other applicable policy documents.

      (2)   The Ordinance Administrator may include a recommendation for approval or denial of the application in the staff report. Proposed conditions of approval may also be included in the report if the Ordinance Administrator determines that such conditions may be necessary to mitigate any potentially adverse impacts of the proposed development.

(Ord. 2021-02, passed 6-14-2021)

   The Ordinance Administrator shall be responsible for scheduling public hearings for all applications for which one is required. The hearing may be scheduled for either a regular meeting or a special called meeting of the decision-making body that is responsible for holding the hearing. Hearings shall be scheduled in a manner that will allow sufficient time for public notice to be given in accordance with statutory requirements. Public hearing requirements are outlined in Table 3-1.

 

(Ord. 2021-02, passed 6-14-2021)

   A.   Content. All public notices required by this ordinance shall comply with G.S. §§ 160D-406, 160D-601, or 160D-602. Additionally, all notices, except posted notices, shall:

      (1)   Identify the time, date, and location of the meeting or public hearing;

      (2)   Identify the property involved by the street address, if applicable, and the legal description and/or the parcel identification number (PIN);

      (3)   Describe the nature and scope of the purposed action;

      (4)   Indicate that interested parties may appear at public hearings where they may speak on the matter; and

      (5)   Indicate how further information may be attained.

   b.   Published notice. When the provisions of this ordinance require that notice of a public hearing be published pursuant to G.S. §§ 160D-406, 160D-601, or 160D-602, the Ordinance Administrator shall publish a notice of the public hearing once a week for two successive calendar weeks in a newspaper having general circulation in the town. The notice shall be published the first time not less than ten days nor more than 25 days before the date scheduled for the hearing. In computing such period, the day of publication is not to be included but the day of the hearing shall be included.

   c.   Mailed notice.

      (1)   When the provisions of this ordinance require that mailed notice be provided pursuant to G.S. §§ 160D-406, 160D-601, or 160D-602, the Ordinance Administrator shall prepare a notice of the public hearing and deliver the notice via first class mail to the owners of affected parcels of land and the owners of all parcels of land abutting that parcel of land. Properties are "abutting" even if separated by a street, railroad, or other transportation corridor.

      (2)   Mailed notices must be deposited in the mail at least ten but not more than 25 days prior to the date of the hearing.

      (3)   The Ordinance Administrator shall certify to the Town Council that actual notice has been provided, and such certificate shall be deemed conclusive in the absence of fraud.

      (4)   Mailed notice shall not be required when an application to amend the Official Zoning Map includes more than 50 different parcels, owned by at least 50 different property owners, and the Town of Newport publishes a notice, occupying at least one-half of a newspaper page, in a newspaper of general circulation once a week for two consecutive weeks, beginning at least ten but not more than 25 days prior to the public hearing date. The advertisement shall only be effective for property owners who reside in the area of general circulation of the newspaper that publishes the notice. Property owners who reside outside of the newspaper circulation area, according to the address listed on the most recent property tax listing for the affected property, shall be notified according to the provisions of subsection (1) and (2) above (see G.S. § 160D-602(b))

   d.   Posted notice.

      (1)   When the provisions of this ordinance require that notice be posted pursuant to G.S. §§ 160D-406(b) or 160D-602(c), the Ordinance Administrator shall post the notice on the subject property at least ten but not more than 25 days prior to the public hearing date. When multiple parcels are included within a proposed zoning map amendment, a posting on each individual parcel is not required, but the Ordinance Administrator shall post sufficient notices to provide reasonable notice to interested persons.

      (2)   If no part of the subject property is visible from a public right-of-way, the notice shall be posted along the nearest street in the public right-of-way in such a manner as to ensure consistency with the intent of this subsection.

   e.   Notice to military bases. If the adoption or modification would result in changes to the Official Zoning Map or would change or affect the permitted uses of land located five miles or less from the perimeter boundary of a military base, the Ordinance Administrator shall provide written notice of the proposed changes by certified mail, return receipt requested, to the commander of the military base not less than ten days nor more than 25 days before the date fixed for the hearing. If the commander of the military base provides comments or analysis regarding the compatibility of the proposed development regulation or amendment with military operations at the base, the Town Council shall take the comments and analysis into consideration before making a final determination on the ordinance (see G.S. § 160D-601(b)).

   f.   Constructive notice.

      (1)   Minor defects in any notice shall not impair the notice or invalidate proceedings pursuant to the notice if a bona fide attempt has been made to comply with the applicable notice requirements. Minor defects in notices may include but are not limited to errors in legal descriptions or typographical or grammatical errors that do not impede the communication of the notice to affected persons.

      (2)   Failure of an affected party to receive written notice shall not invalidate subsequent action.

      (3)   If questions arise at the public hearing regarding the adequacy of the notice, the decision-making body shall direct the Ordinance Administrator to make a formal finding as to whether there was substantial compliance with the notice requirements of this ordinance. Such findings shall be made available to the decision-making body prior to further action being taken on the request.

   g.   Summary of notification requirements. The following table summarizes the public notification requirements for development applications.

 

(Ord. 2021-02, passed 6-14-2021)

   a.   General. When a decision-making body may, according to the express terms of this ordinance, approve a development application with conditions, such body may impose reasonable and appropriate conditions or restrictions on the approval. The conditions may ensure compliance with the general goals and policies of this ordinance, or with particular standards of this ordinance to prevent or mitigate adverse effects from the proposed development of surrounding area.

   b.   Limitations.

      (1)   The restrictions and conditions imposed must be directly related, in both type and scope, to the impact that the proposed development would have on the public and surrounding area.

      (2)   All conditions imposed shall be expressly set forth in the motion by the decision-making body to approve the development application.

(Ord. 2021-02, passed 6-14-2021)

   a.   Request prior to publication of notice. An applicant may request that a decision-making body's consideration of an application be deferred by submitting a written request for deferral to the Ordinance Administrator prior to the publication of notice for the public hearing. The Ordinance Administrator may grant such request for sufficient cause. The date of the new public hearing at which the application will be heard shall be set at the time the deferral is granted.

   b.   Request after publication of notice. If a request for deferral of consideration of an application by a decision-making body is submitted after any required notice has been published, the request for deferral shall be placed on the public hearing agenda and acted upon by the decision-making body. The decision-making body may grant such requests for sufficient cause. The date of the new public hearing at which the application will be heard shall be set at the time the deferral is granted. If a deferral is granted, the application may be subject to additional application fees to defray the costs of advertising the public hearing, if any. Any additional fees must be paid prior to the advertisement of the new public hearing notice.

(Ord. 2021-02, passed 6-14-2021)

   a.   Clerical errors. In order to address clerical errors of an application, minor additions, deletions, or corrections may be submitted to the Ordinance Administrator for review.

   b.   Major changes. No substantive change to an application related to use, density, intensity, street layout, access, open space configuration, or other major element shall be made after notification of a public hearing. Major changes by the applicant, after notification of a public hearing, require that the original application be withdrawn and a new application be submitted along with any required fees.

   c.   Conditions of approval. Proposed changes in conditions of approval may be considered by any decision-making body without referral back to the Ordinance Administrator or other recommending body.

(Ord. 2021-02, passed 6-14-2021)

   a.   Submission of request. Any request for withdrawal of an application subject to a public hearing shall be submitted, in writing, to the Ordinance Administrator, or shall be made through a verbal request during the public hearing of the application.

   b.   Prior to notice of public hearing. The Ordinance Administrator must approve a request for withdrawal of an application if it has been submitted prior to public notification of the application.

   c.   Subsequent to notice of public hearing. The request for withdrawal of an application shall be placed on the public hearing agenda and acted upon by the decision-making body if it has been submitted after public notification of the application.

   d.   Fees. Fees will not be refunded for withdrawn applications.

(Ord. 2021-02, passed 6-14-2021)

   Within 15 days of time after a decision on an application has been made, the Ordinance Administrator shall notify the applicant of the decision in writing. The notification shall become a part of the public record.

(Ord. 2021-02, passed 6-14-2021)

   Lapse of approval, otherwise referred to as "expiration," shall occur as provided by this ordinance for the various types of development applications. In the event this ordinance does not provide for such lapse and no lapse period is imposed as part of an approval by the decision-making body, lapse shall occur if development is not commenced, a subsequent permit authorized by that approval has not been issued, and an extension has not been obtained within two years.

(Ord. 2021-02, passed 6-14-2021)

   At any time, upon reasonable request, during normal business hours, any person may examine an application, a finalized staff report, and any related materials to the application, which includes comments from the public in support of and in opposition to the application. These files must be kept in the office of the Ordinance Administrator.

(Ord. 2021-02, passed 6-14-2021)

   This section includes the review procedures, standards, and related information for each of the development application procedures as summarized in Table 2-1, Review and Decision-Making Approval Authority.

(Ord. 2021-02, passed 6-14-2021)

   a.   Purpose. The purpose of this section is to provide for a uniform process to amend the Official Zoning Map.

   b.   Authority. The Town Council may adopt an ordinance amending the Official Zoning Map upon compliance with the provisions of this section.

   c.   Initiation. An application to amend the Official Zoning Map may be initiated by the Town Council, the Planning Board, the Ordinance Administrator, any resident of Newport, or any other interested party. However, no amendment to the Official Zoning Map that down-zones property shall be initiated nor is it enforceable without the written consent of all property owners whose property is the subject of the down-zoning amendment, unless the down-zoning amendment is initiated by the local government (G.S. § 160D-601(d)).

   d.   Conditional Zoning District classification distinction.

      (1)   Applications for an amendment to the Official Zoning Map that are accompanied by applicant sponsored conditions or limitations shall be considered as a Conditional Zoning District Classification, and shall be reviewed in accordance with § 3-4.2, Conditional Zoning District Classification.

      (2)   In no case shall an application for an amendment to the Official Zoning Map be converted into an application for a Conditional Zoning District classification, nor shall an application for a Conditional Zoning District classification be converted into an application for an amendment to the Official Zoning Map. If such a conversion is desired, a new application with any applicable fees must be submitted.

   e.   Procedures.

      (1)   Preliminary procedures. See § 3-3, Common Review Procedures.

      (2)   Review by the Ordinance Administrator. Prior to the submission of the application to the Planning Board, the Ordinance Administrator shall review the application and make a written report, which shall be presented to the Planning Board during the meeting at which it considers the application.

      (3)   Review and recommendation by the Planning Board. Following the review by the Ordinance Administrator, the application shall be forwarded to the Planning Board for its review and recommendation. The Planning Board shall consider the application, relevant supporting materials, the Ordinance Administrator's report and recommendation (if given), and any comments provided by the general public during its meeting. The Planning Board shall provide a written statement summarizing the amendment's consistency with the Core CAMA Land Use Plan and any other relevant plans having applicability to the proposed amendment in accordance with G.S. § 160D-604(d). If no written report is received from the Planning Board within 30 days of referral of the application, the Town Council may act on the amendment without the Planning Board report (G.S. § 160D-604(b)).

      (4)   Action by the Town Council. Following the receipt of a recommendation from the Planning Board, the Town Council shall conduct a public hearing to review and consider the application, the relevant supporting materials, the Ordinance Administrator's report and recommendation (if given), the recommendation of the Planning Board, and any comments provided during the public hearing. Following the close of the public hearing, the Town Council shall take one of the following actions:

         i.   Approve the application for amendment to the Official Zoning Map as submitted;

         ii.   Approve the application for amendment to the Official Zoning Map with a reduction in size of the area requested in the application;

         iii.   Approve the application for amendment to the Official Zoning Map with a more restrictive base zoning district than proposed;

         iv.   Deny the application for amendment to the Official Zoning Map; or

         v.   Remand the application back to the Planning Board for further consideration.

      (5)   Statement of plan consistency and additional reasonableness statement (G.S. § 160D-605). When adopting or rejecting any Zoning Map amendment, the Town Council shall approve a brief statement describing whether its action is consistent or inconsistent with the Core CAMA Land Use Plan. The requirement for a plan consistency statement may also be met by a clear indication in the minutes of the Town Council that at the time of action on the amendment the Town Council was aware of and considered the Planning Board's recommendations and any relevant portions of the Core CAMA Land Use Plan. If a zoning map amendment qualifies as a "large-scale rezoning" under G.S. § 160D-602(b), the Town Council's statement describing plan consistency may address the overall rezoning and describe how the analysis and policies in the relevant adopted plans were considered in the action taken. If a plan is deemed amended by virtue of adoption of a zoning amendment that is inconsistent with the plan, that amendment shall be noted in the plan; however, the plan amendment shall not become effective until completion of the review and approval process required by G.S. § 113A-110. Furthermore, a statement analyzing the reasonableness of the proposed Zoning Map Amendment shall be approved by the Town Council. This statement of reasonableness may consider, among other factors:

         i.   The size, physical conditions, and other attributes of the area proposed to be rezoned;

         ii.   The benefits and detriments to the landowners, the neighbors, and the surrounding community;

         iii.   The relationship between the current actual and permissible development on the tract and adjoining areas and the development that would be permissible under the proposed amendment;

         iv.   Why the action taken is in the public interest; and

         v.   Any changed conditions warranting the amendment. If a zoning map amendment qualifies as a "large-scale rezoning" under G.S. § 160D-602(b), the governing board statement on reasonableness may address the overall rezoning.

         vi.   The statement of reasonableness and the plan consistency statement may be approved as a single statement.

   f.   Zoning Map amendment standards. Amending the Official Zoning Map is a matter committed to the legislative discretion of the Town Council. In determining whether to approve or deny a proposed amendment, the Town Council shall consider and weigh the relevance of the following factors:

      (1)   The proposed rezoning corrects an error or meets the challenge of some changing condition, trend, or fact.

      (2)   The proposed rezoning is compatible with the Town of Newport's Core CAMA Land Use Plan and accompanying future land use plan map.

      (3)   The proposed rezoning and the range of uses permitted in the requested zoning district are compatible with the surrounding zoning patterns and land uses.

      (4)   The Town of Newport will be able to provide sufficient public safety services, meet transportation and utility demands to the subject property, while maintaining a sufficient level of service to existing developments.

      (5)   The proposed rezoning will not impair or injure the health, safety and general welfare of the public.

(Ord. 2021-02, passed 6-14-2021)

   a.   Purpose. A Conditional Zoning District classification (CD) allows particular land uses to be established only in accordance with specific standards and conditions adopted as part of the establishment of the district. In cases where the standards of a base zoning district are inadequate to ensure the compatibility of a proposed development with the immediate area, the landowner may apply for an amendment to the Official Zoning Map to a CD. CDs are subject to additional conditions or restrictions above and beyond the standards of the parallel base zoning district as a means of ensuring the compatibility of the proposed development with the use and development of the neighboring area.

   b.   Initiation. An application for a CD may only be initiated by the current owner(s) or contract purchaser(s), of the property for which the CD is designated in accordance with § 3-3.1, Authority to File Application.

   c.   Procedures. Approval of a CD shall require an amendment to the Official Zoning Map using the same procedures established in § 3-4.1, Zoning Map Amendment. This must be accompanied by the submission of applicant sponsored conditions, which limit the scope of the development proposal, and a conceptual site plan that is reviewed in accordance with § 3-4.8, Conceptual Site Plan.

      (1)   Preliminary procedures. See § 3-3, Common Review Procedures.

      (2)   Review by the Ordinance Administrator. Prior to the submission of the application to the Planning Board, the Ordinance Administrator shall review the application and accompanying conceptual site plan and make a written report, which shall be presented to the Planning Board during the meeting at which it considers the application.

      (3)   Review and recommendation by the Planning Board. Following the review by the Ordinance Administrator, the application and conceptual site plan shall be forwarded to the Planning Board for its review and recommendation. The Planning Board shall consider the application, the conceptual site plan, relevant supporting materials, the Ordinance Administrator's report and recommendation (if given), and any comments provided by the general public during its meeting. The Planning Board shall provide a written statement summarizing the CDs consistency with the Core CAMA Land Use Plan and any other relevant plans having applicability to the proposed CD in accordance with G.S. § 160D-604(d). If no written report is received from the Planning Board within 30 days of referral of the application, the Town Council may act on the amendment without the Planning Board report (see G.S. § 160D-604(b)).

      (4)   Action by the Town Council. Following the receipt of a recommendation from the Planning Board, the Town Council shall conduct a public hearing to review and consider the application, the conceptual site plan, the relevant supporting materials, the Ordinance Administrator's report and recommendation (if given), the recommendation of the Planning Board, and any comments provided during the public hearing. Following the close of the public hearing, the Town Council shall, by a simple majority vote of all members present and qualified to vote, either approve, approve with conditions, or deny the application.

   b.   Fair and reasonable conditions.

      (1)   No use shall be authorized within a CD except those uses proposed by the applicant and approved by the Town Council. In no case shall any prohibited use within a parallel base zoning district be allowed in a corresponding conditional district.

      (2)   No condition shall be less restrictive than the parallel base zoning district or any applicable overlay district standards.

      (3)   No condition shall be included that specifies the ownership status, race, religion, or other character of the occupants of dwelling units, the minimum value of improvements, or any other exclusionary device.

      (4)   No changes in the conceptual site plan or proposed conditions that are less restrictive than those in the application (e.g. smaller setbacks, more dwelling units, greater height, more access points, new users, fewer improvements, etc.) shall be proposed by the applicant following public notification. Nothing in this subsection shall limit the application of new or more restrictive conditions after public notification, provided such conditions are received by the Ordinance Administrator, in writing, signed by all owners of the property at least ten business days prior to the final decision on the application by the Town Council.

      (5)   In addition to any conditions proposed by the applicant, the Town Council may attach any additional conditions in accordance with § 3-3.11, Conditions of Approval. The Town Council shall not attach a condition that requires a landowner to waive a vested right.

      (6)   Conditions and site-specific standards imposed in a CD shall be limited to those that address the conformance of the development and use of the site or the impacts reasonably expected to be generated by the development or use of the site in accordance with G.S. § 160D-703(b).

   c.   Effect of approval. Lands subject to a CD shall also be subject to the approved conceptual site plan and approved conditions, and may only be used or developed in conformance to those approved plans and conditions. The approved conceptual site plan and conditions shall constitute the standards for the approved CD, and are binding on the land as an amendment to this ordinance and Official Zoning Map. The petitioner must sign the conditions for them to be enforced.

   d.   Designation. A Conditional Zoning District classification shall bear the same designation as the parallel base zoning district, but shall also include the suffix "CD".

   e.   Substantial changes. To be permitted, any substantial change to a conceptual site plan or approved conditions, as noted below, shall be reviewed by the Planning Board and approved by the Town Council as an amended CD. The following changes to a conceptual site plan or approved conditions shall require approval by Town Council:

      (1)   Land being added or removed from the CD;

      (2)   Modification of special performance criteria, design standards, or other requirements specified by the enacting ordinance;

      (3)   A change in land use or development type beyond that permitted by the approved conceptual site plan;

      (4)   When there is introduction of a new vehicular access point to an existing street not previously designated for access;

      (5)   When there is an increase in the total number of residential dwelling units originally authorized by the approved conceptual site plan; and

      (6)   When the gross floor area of nonresidential use is increased more than five percent beyond the gross floor area on the approved conceptual site plan.

   f.   Minor deviations. Minor deviations to a conceptual site plan or approved conditions, which have no substantial impact on the basic development concept of the CD may be approved administratively at the discretion of the Ordinance Administrator. However, if in the judgment of the Ordinance Administrator, the requested changes alter the basic development concept of the CD, the Ordinance Administrator may require approval by the Town Council.

   g.   Recordation. The Town of Newport shall, at the applicant's expense, record the CD in the Office of the Register of Deeds of Carteret County within 30 days of its issuance.

   h.   Rescission of Conditional Districts. The applicant shall secure a valid building permit within two years from date of approval of the CD unless otherwise specified. If a valid building permit has not been issued by that time, the Ordinance Administrator shall notify the applicant of such finding. Within 60 days of notification, the Ordinance Administrator shall make a recommendation concerning the rescission of the CD to the Town Council. The Town Council may grant a single extension of up to one year upon submittal by the applicant of sufficient justification for the extension and following a public hearing on the matter. The Town Council may also rescind the CD pursuant to a Zoning Map amendment.

(Ord. 2021-02, passed 6-14-2021)

   a.   Purpose. The purpose of this section is to provide for a uniform process to amend the text of the Unified Development Ordinance.

   b.   Authority. The Town Council may adopt an ordinance amending the text of the Unified Development Ordinance upon compliance with the provisions of this section.

   c.   Initiation. An application to amend the text of the Unified Development Ordinance may be initiated by the Town Council, the Planning Board, the Ordinance Administrator, any resident of Newport, or any other interested party.

   d.   Procedures.

      (1)   Preliminary procedures. See § 3-3, Common Review Procedures.

      (2)   Review by the Ordinance Administrator. Prior to the submission of the application to the Planning Board, the Ordinance Administrator shall review the application and make a written report, which shall be presented to the Planning Board during the meeting at which it considers the application.

      (3)   Review and recommendation by the Planning Board. Following the review by the Ordinance Administrator, the application shall be forwarded to the Planning Board for its review and recommendation. The Planning Board shall consider the application, relevant supporting materials, the Ordinance Administrator's report and recommendation (if given), and any comments provided by the general public during its meeting. The Planning Board shall provide a written statement summarizing the amendment's consistency with the Core CAMA Land Use Plan and any other relevant plans having applicability to the proposed amendment in accordance with G.S. § 160D-604(d). If no written report is received from the Planning Board within 30 days of referral of the application, the Town Council may act on the amendment without the Planning Board report (G.S. § 160D-604(b)).

      (4)   Action by the Town Council. Following the receipt of a recommendation from the Planning Board, the Town Council shall conduct a public hearing to review and consider the application, the relevant supporting materials, the Ordinance Administrator's report and recommendation (if given), the recommendation of the Planning Board, and any comments provided during the public hearing. Following the close of the public hearing, the Town Council shall take one of the following actions:

         i.    Approve the application for amendment to the Unified Development Ordinance as submitted;

         ii.    Approve a revised amendment;

         iii.    Deny the application for amendment to the Unified Development Ordinance; or

         iv.    Remand the application back to the Planning Board for further consideration.

      (5)   Statement of plan consistency and additional reasonableness statement (G.S. § 160D-605). When adopting or rejecting any amendment, the Town Council shall approve a brief statement describing whether its action is consistent or inconsistent with the Core CAMA Land Use Plan. The requirement for a plan consistency statement may also be met by a clear indication in the minutes of the Town Council that at the time of action on the amendment the Town Council was aware of and considered the Planning Board's recommendations and any relevant portions of the Core CAMA Land Use Plan. If a plan is deemed amended by virtue of adoption of a zoning amendment that is inconsistent with the plan, that amendment shall be noted in the plan; however, the plan amendment shall not become effective until completion of the review and approval process required by G.S. § 113A-110.

   e.   Unified Development Ordinance text amendment standards. Amending the text of the Unified Development Ordinance is a matter committed to the legislative discretion of the Town Council. In determining whether to approve or deny a proposed amendment, the Town Council shall consider and weigh the relevance of the following factors:

      (1)   Whether the proposed amendment corrects an ambiguity or error or meets the challenge of some changing condition, trend or fact;

      (2)   Whether the proposed amendment is consistent with the Core CAMA Land Use Plan and associated future land use plan map; and

      (3)   Whether the proposed amendment will impair or injure the health, safety and general welfare of the public.

(Ord. 2021-02, passed 6-14-2021)

   a.   Purpose. Special uses are uses that are generally compatible with the other uses permitted in a zoning district, but require individual review of their location, design, configuration, density and intensity of use, and may require the imposition of conditions to ensure the appropriateness of the use at a particular location.

   b.   Authority. The Board of Adjustment is authorized to review and make decisions regarding applications for special use permits in accordance with this section. Only those uses identified as special uses in Article VII, District Regulations are authorized to be considered as special uses under this section. The designation of a use as a special use does not constitute an authorization that such use shall be approved through a special use permit in accordance with this section. Rather, each proposed special use shall be evaluated by the Board of Adjustment for compliance with the standards set forth in this section.

   c.   Initiation. An application for a special use permit may only be initiated by the current owner(s) or contract purchaser(s), of the property for which the special use permit is designated in accordance with § 3-3.1, Authority to File Application.

   d.   Procedures. Approval of a special use permit shall require a conceptual site plan that is reviewed in accordance with § 3-4.8, Conceptual Site Plan.

      (1)   Preliminary procedures. See § 3-3, Common Review Procedures.

      (2)   Review by the Ordinance Administrator. Prior to the submission of the application to the Board of Adjustment, the Ordinance Administrator shall review the application and accompanying conceptual site plan and make a written report, which shall be presented to the Board of Adjustment during its public hearing on the application.

      (3)   Action by the Board of Adjustment. Following public notification and the scheduling of a public hearing, the Board of Adjustment shall conduct a quasi-judicial public hearing on the application. At the hearing, the Board of Adjustment shall consider the application, the relevant supporting materials, the conceptual site plan, and all other competent and relevant evidence presented at the hearing. Following the close of the hearing, the Board of Adjustment shall, by a simple majority vote of all members present and qualified to vote, approve, approve with conditions, or deny the application based on the standards in this section. All decisions by the Board of Adjustment shall be reduced to writing, reflect the Board's determination of contested facts and their application to the applicable standards, and be approved by the Board and signed by the chairperson or other duly authorized member of the Board.

   e.   Special use permit standards.

      (1)   The proposed use will not be detrimental to the health, safety or general welfare of persons residing or working in the vicinity of the site.

      (2)   The proposed use is in compliance with all standards in this ordinance.

      (3)   The proposed use is compatible with the character of the surrounding area and the uses permitted in the zoning district(s) of the surrounding area.

      (4)   The proposed use is configured in a manner which minimizes any possible adverse effects on the surrounding area.

      (5)   The proposed use will not be detrimental to the value of adjacent or nearby property.

      (6)   The proposed use will be in full compliance with all other relevant local, state and federal laws and regulations.

   f.   Conditions. In approving a special use permit, the Board of Adjustment may impose additional conditions on the permit approval in accordance with G.S. § 160D-705(c). All additional conditions imposed must be accepted by the applicant.

   g.   Effect of approval. Issuance of a special use permit shall authorize only the particular land use that is approved in the permit. All subsequent development and use of the property must be in accordance with the approved special use permit and in conformance with the approved conceptual site plan. Nothing in this subsection shall prevent the establishment of a different use of land provided such use is established in accordance with the requirements in this ordinance. All conditions must be consented to in writing by a landowner or permit applicant.

   h.   Recordation. The Town of Newport shall, at the applicant's expense, record the special use permit in the Office of the Register of Deeds of Carteret County within 30 days of its issuance.

   i.   Subsequent development. Development authorized by the special use permit shall not be carried out until the applicant has secured all other permits required by this ordinance. A special use permit does not ensure that the use shall receive subsequent approval for other applications for permit approval unless the relevant and applicable portions of this ordinance are met.

   j.   Expiration. The Board of Adjustment may prescribe a time limit within which development activity shall begin and/or be completed under the special use permit. Failure to begin or complete such development activity within the time limit specified shall void the special use permit. Unless specified by the Board of Adjustment, a special use permit shall automatically expire two years from the date of its issuance if development authorized by the permit has not commenced.

   k.   Substantial changes. To be permitted, any substantial change to a conceptual site plan or approved conditions, as noted below, shall be approved by the Board of Adjustment as a new special use permit. The following changes to a conceptual site plan or approved conditions shall require approval by the Board of Adjustment:

      (1)   Land being added or removed from the special use permit;

      (2)   Modification of special performance criteria, design standards, or other requirements specified by the enacting ordinance;

      (3)   A change in land use or development type beyond that permitted by the approved conceptual site plan;

      (4)   When there is introduction of a new vehicular access point to an existing street not previously designated for access; and

      (5)   When the gross floor area of nonresidential use is increased more than five percent beyond the gross floor area on the approved conceptual site plan.

   l.   Minor deviations. Minor deviations to a conceptual site plan or approved conditions, which have no substantial impact on the basic development concept of the special use permit may be approved administratively at the discretion of the Ordinance Administrator. However, if in the judgment of the Ordinance Administrator, the requested changes alter the basic development concept of the special use permit, the Ordinance Administrator may require approval by the Board of Adjustment.

(Ord. 2021-02, passed 6-14-2021)

   a.   Purpose. The purpose of a variance is to allow certain deviations from the standards of this ordinance when unnecessary hardships would result from carrying out the strict letter of this ordinance.

   b.   Authority. The Board of Adjustment is authorized to review and make decisions regarding applications for variances in accordance with this section.

   c.   Initiation. An application for a variance may only be initiated by the current owner(s) or contract purchaser(s), of the property for which the variance is designated in accordance with § 3-3.1, Authority to File Application.

   d.   Procedures.

      (1)   Preliminary procedures. See § 3-3, Common Review Procedures.

      (2)   Review by the Ordinance Administrator. Prior to the submission of the application to the Board of Adjustment, the Ordinance Administrator shall review the application and make a written report, which shall be presented to the Board of Adjustment during its public hearing on the application.

      (3)   Action by the Board of Adjustment. Following public notification and the scheduling of a public hearing, the Board of Adjustment shall conduct a quasi-judicial public hearing on the application. At the hearing, the Board of Adjustment shall consider the application, the relevant supporting materials, and the sworn testimony given at the hearing. Within 30 days following the close of the hearing, the Board of Adjustment shall, by a concurring four-fifths vote of all members present and qualified to vote, approve, approve with conditions, or deny the application based on the standards in this section (G.S. § 160D-406(i)). All decisions by the Board of Adjustment shall be reduced to writing, reflect the Board's determination of contested facts and their application to the applicable standards, and be approved by the Board and signed by the chairperson or other duly authorized member of the Board.

   e.   Variance standards (G.S. § 160D-705(d)). The Board of Adjustment shall vary any of the provisions of this ordinance upon a showing of all of the following:

      (1)   Unnecessary hardship would result from the strict application of the regulation. It shall not be necessary to demonstrate that, in the absence of the variance, no reasonable use can be made of the property;

      (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. A variance may be granted when necessary and appropriate to make a reasonable accommodation under the Federal Fair Housing Act for a person with a disability;

      (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; and

      (4)   The requested variance is consistent with the spirit, purpose, and intent of the regulation, such that public safety is secured and substantial justice is achieved.

   f.   Conditions. No change in permitted uses may be authorized by variance. Appropriate conditions may be imposed on any variance, provided that the conditions are reasonably related to the variance in accordance with G.S. § 160D-705.

   g.   Recordation. The Town of Newport shall, at the applicant's expense, record the written decision on the variance in the office of the Register of Deeds of Carteret County within 30 days of its issuance.

   h.   Subsequent development. Development authorized by the variance shall not be carried out until the applicant has secured all other permits required by this ordinance. A variance does not ensure that the use shall receive subsequent approval for other applications for permit approval unless the relevant and applicable portions of this ordinance are met.

   i.   Variance runs with the land. A variance is not a personal right, but runs with the land for which the variance has been granted. As such, the provisions of an approved variance shall continue with the transfer of ownership of land.

   j.   Minor deviation. A minor deviation to a conceptual site plan or approved conditions shall not be considered as an amendment, and shall be approved by the Ordinance Administrator. A minor deviation shall be limited to technical considerations which could not be reasonably anticipated during the approval process, or any other change which has no material effect on the character of the approved development or any if its approved conditions. Minor deviations include, but are not limited to, small shifts in the location of structures, parking areas, landscaping, utilities, driveways and other site features in order to accommodate the existence of circumstances found during construction that could not have been anticipated as the conceptual site plan was developed. Changes that materially affect the basic configuration or intent of the conceptual site plan or approved conditions are not considered to be minor deviations, and shall be amendments that may only be considered in accordance with the procedure for a special use permit application.

   k.   Appeals. Any appeal from the decision of the Board of Adjustment shall be to the Superior Court for Carteret County by petition for a writ of certiorari. Any petition to the Superior Court shall be filed with the Clerk of Court within 30 days after the date the decision of the Board of Adjustment is filed with the Town Clerk, or after the date a written copy of the decision is delivered (via personal delivery or by registered or certified mail, return receipt requested) to every aggrieved party who has filed a written request for such copy with the Board of Adjustment at the public hearing, whichever is later.

(Ord. 2021-02, passed 6-14-2021)

   a.   Right of appeal. Any aggrieved party affected by a decision or interpretation of the Ordinance Administrator or other administrative official may appeal such decision or interpretation to the Board of Adjustment in accordance with the provisions of this section.

   b.   Procedure.

      (1)   Initiation. The owner or other party has 30 days from receipt of the written notice of the determination within which to file an appeal. Any other person with standing to appeal has 30 days from receipt from any source of actual or constructive notice of the determination within which to file an appeal. In the absence of evidence to the contrary, notice given pursuant to G.S. § 160D-403(b) by first-class mail is deemed received on the third business day following deposit of the notice for mailing with the United States Postal Service.

      (2)   Contents of appeal. The written notice of appeal shall specify the grounds for the appeal, a statement of the improper decision or interpretation, the date of that decision or interpretation, and all supporting materials related to the decision.

      (3)   Record. Upon receipt of the written notice of appeal, the Town Clerk shall transmit all the papers, documents, and other materials relating to the decision or interpretation appealed to the Board of Adjustment. These materials shall constitute the record of the appeal.

      (4)   Schedule of notice and hearing.

         i.   Upon receipt of a notice of appeal, the Town Clerk shall schedule a public hearing, and provide public notification in accordance with the standards in § 3-3, Common Review Procedures.

         ii.   The Board of Adjustment shall hear the appeal at its next regularly scheduled meeting, based upon established scheduling policy, or as soon as is reasonably possible.

      (5)   Hearing and decision by Board of Adjustment. At the hearing, the person making the appeal may appear in person, by agent, or attorney, and shall state the grounds for the appeal and identify any materials or evidence from the record to support the appeal. The official who made the decision or the person currently occupying that position, if the decision maker is no longer employed by the town, shall be present at the evidentiary hearing as a witness. The appellant shall not be limited at the hearing to matters stated in a notice of appeal. If any party or the town would be unduly prejudiced by the presentation of matters not presented in the notice of appeal, the Board shall continue the hearing. The Ordinance Administrator shall be given an opportunity to respond, as well as any other Town of Newport staff or other person the Board of Adjustment deems necessary. In making its determination, the Board of Adjustment shall consider the application, the relevant support materials, and the testimony given at the public hearing. Within 30 days following the close of the hearing, the Board of Adjustment shall, by a simple majority vote of all members present and qualified to vote, approve, approve with conditions, or deny the application based on the standards in this section. All decisions by the Board of Adjustment shall be reduced to writing, reflect the Board's determination of contested facts and their application to the applicable standards, and be approved by the Board and signed by the chairperson or other duly authorized member of the Board (see § G.S. § 160D-406(e)).

   c.   Effect of appeal. An appeal of a notice of violation or other enforcement order stays enforcement of the action appealed from and accrual of any fines assessed 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 development regulation. 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 development approval or otherwise affirming that a proposed use of property is consistent with the development regulation shall not stay the further review of an application for development approvals to use such property; in these situations, the appellant or Town of Newport may request and the Board of Adjustment may grant a stay of a final decision of development approval applications, including building permits affected by the issue being appealed.

   d.   Appeal of decision. Any appeal from the decision of the Board of Adjustment shall be to the Superior Court for Carteret County by petition for a writ of certiorari. Any such petition to the Superior Court shall be filed with the Clerk of Court no later than 30 days after the date the decision of the Board of Adjustment is filed with the Town Clerk, or after the date a written copy of the decision is delivered (via personal delivery or by registered or certified mail, return receipt requested) to every aggrieved party who has filed a written request for such copy with the Board of Adjustment at the public hearing, whichever is later.

(Ord. 2021-02, passed 6-14-2021)

   a.   Purpose. The purpose of this section is to implement the provisions of G.S. § 160D-108(c)(3) for the establishment of a statutory vested right upon the approval of a site-specific vesting plan.

   b.   Phased development. A multi-phased development, long term projects of at least 25 acres, is vested for the entire development with the land development regulations then in place at the time a site plan approval is granted for the initial phase of the multi-phased development. A right which has been vested as provided for in this subsection remains vested for a period of seven years from the time a site plan approval is granted for the initial phase of the multi-phased development.

   c.   Applicability. Vested rights shall only be available to the property owner(s) with a legally established and approved site-specific vesting plan. For the purposes of this ordinance, a site-specific vesting plan shall include the following:

      (1)   Development subject to an approved special use permit;

      (2)   Development subject to a preliminary subdivision plat;

      (3)   Development subject to a site development plan; or

      (4)   Land subject to a Conditional Zoning District classification.

   d.   Procedures. If a site-specific vesting plan is based on an approval required by this ordinance, the Town of Newport shall provide whatever notice and hearing is required for that underlying approval. If the site-specific vesting plan is not based on such an approval, a legislative hearing with notice as required by § 3-3.10, Public Notification shall be held. Following the close of the hearing, the deciding board shall, by a simple majority vote of all members present and qualified to vote, approve a vested right for a site-specific vesting plan for a period exceeding two years, but not exceeding five years, approve a vested right for a site-specific vesting plan for a period exceeding two years, but not exceeding five years with conditions, or deny a vested right.

   e.   Exceptions. A vested right, once established, under this ordinance, precludes any zoning action by the Town of Newport that would change, alter, impair, prevent, diminish, or otherwise delay the development or use of the property as set forth in an approved vested right, except when any of the following conditions are present:

      (1)   The written consent of the affected landowner;

      (2)   Findings made, after notice and an evidentiary hearing, that natural or man-made 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 approved vested right;

      (3)   The extent to which the affected landowner receives compensation for all costs, expenses, and other losses incurred by the landowner, including, but not limited to, all fees paid in consideration of financing, and all architectural, planning, marketing, legal, and other consulting fees incurred after approval by the decision-making body, together with interest as is provided in G.S. § 160D-106. Compensation shall not include any diminution in the value of the property that is caused by such action;

      (4)   Findings made, after notice and an evidentiary hearing, that the landowner or the landowner's representative intentionally supplied inaccurate information or made material misrepresentations that made a difference in the approval by decision-making body of the vested right; or

      (5)   The enactment or promulgation of a state or federal law or regulation that precludes development as contemplated in the approved vested right, in which case the local government may modify the affected provisions, upon a finding that the change in state or federal law has a fundamental effect on the plan, after notice and an evidentiary hearing.

   f.   Conditions. The decision-making body may approve a site-specific vesting plan upon such terms and conditions as may reasonably be necessary to protect the public health, safety, and welfare. Such conditional approval shall result in a vested right, although failure to abide by its terms and conditions will result in a forfeiture of vested rights. The decision-making body shall not attach a condition that requires a landowner to waive a vested right.

   g.   Approval. A site-specific vesting plan shall be deemed approved upon the effective date of the decision-making body's decision approving the plan or such other date as determined by such body upon approval.

   h.   Vested rights runs with the land. A vested right, obtained under this ordinance, is not a personal right, but runs with the land for which the vested right has been granted. As such, the provisions of an approved vested right shall continue with the transfer of ownership of land.

   i.   Minor deviation. A minor deviation to a conceptual site plan or approved conditions shall not be considered as an amendment, and shall be approved by the Ordinance Administrator. A minor deviation shall be limited to technical considerations which could not be reasonably anticipated during the approval process, or any other change which has no material effect on the character of the approved development or any if its approved conditions. Minor deviations include, but are not limited to, small shifts in the location of structures, parking areas, landscaping, utilities, driveways and other site features in order to accommodate the existence of circumstances found during construction that could not have been anticipated as the conceptual site plan was developed. Changes that materially affect the basic configuration or intent of the conceptual site plan or approved conditions are not considered to be minor deviations, and shall be amendments that may only be considered in accordance with the procedure for a special use permit application

(Ord. 2021-02, passed 6-14-2021)

   a.   Purpose. The purpose of this section is to establish a procedure for the review of a conceptual site plan by the Ordinance Administrator prior to the submittal of an application for site development plan approval or as part of an application for a conditional zoning district classification or special use permit. The intent of the conceptual site plan procedure is to allow the Town of Newport to consider the general design and configuration of a development proposal, and any applicant sponsored conditions, for general compliance with the requirements of this ordinance prior to the consideration of a conditional zoning district classification or a special use permit by the decision-making bodies, or the preparation of highly technical and detailed engineered drawings required for a site development plan approval.

   b.   Applicability. Submittal of a conceptual site plan shall be required prior to the consideration of approval of a conditional zoning district classification or special use permit, and may be submitted prior to a site development plan.

   c.   Conceptual site plan types distinguished.

      (1)   Conceptual site plans associated with an application for site development plan approval shall be reviewed by the Ordinance Administrator, who shall provide written comments on the conceptual site plan to the applicant. Once an applicant receives comments on a submitted conceptual site plan, they may then proceed with the preparation of the site development plan.

      (2)   Conceptual site plans associated with an application for a Conditional Zoning District classification or special use permit shall be considered as an applicant sponsored condition of approval and are further distinguished by the following:

         i.   In the case of a Conditional Zoning District classification, the Ordinance Administrator shall provide his recommendation on the conceptual site plan to the Planning Board, which shall consider the conceptual site plan in making its own recommendation to the Town Council. Following a recommendation from the Planning Board, the Town Council may approve, approve with conditions, or deny approval of a conceptual site plan associated with the application for Conditional Zoning District classification.

         ii.   In the case of a special use permit, the Ordinance Administrator shall review the conceptual site plan for conformance to the ordinance and forward any comments to the Board of Adjustment, which shall consider the conceptual site plan as it makes its decision on approving, conditionally approving or denying approval of the special use permit.

   d.   Procedures.

      (1)   Preliminary procedures. See § 3-3, Common Review Procedures.

      (2)   Conceptual site plan - site development plan. The Ordinance Administrator shall review the conceptual site plan for compliance with the applicable standards set forth in the ordinance and § 3-4.8(E), Conceptual Site Plan Standards. Following the review, the Ordinance Administrator shall submit his comments in writing to the applicant, who may then begin the preparation of the site development plan.

      (3)   Conceptual site plan - Conditional Zoning District classification.

         i.   Review and recommendation by the Ordinance Administrator. The Ordinance Administrator shall review the conceptual site plan for compliance with the applicable standards set forth in the ordinance and § 3-4.8(E), Conceptual Site Plan Standards. Following the review, the Ordinance Administrator shall submit his comments in writing to the applicant, who may then begin the preparation of the site development plan.

         ii.   Review and recommendation by the Planning Board. Following receipt of the staff report from the Ordinance Administrator, the Planning Board shall review and make a recommendation on the conceptual site plan as part of the Conditional Zoning District classification process following the procedures in § 3-4.2(C)(3).

         iii.   Review and action by the Town Council. Following the receipt of a recommendation from the Planning Board, the Town Council shall review and make its decision on the conceptual site plan as part of the Conditional Zoning District classification process following the procedures in § 3-4.2(C)(4).

      (4)   Conceptual site plan - special use permit.

         i.   Review by the Ordinance Administrator. The Ordinance Administrator shall review the conceptual site plan for compliance with the applicable standards set forth in the ordinance and § 3-4.8(E), Conceptual Site Plan Standards, and submit his comments to the Board of Adjustment for consideration as it makes its decision on the special use permit application.

         ii.   Review and Action by the Board of Adjustment. Following the receipt of comments from the Ordinance Administrator, the Board of Adjustment shall review the conceptual site plan as part of the special use permit application process following the procedures in § 3-4.4(D)(3).

   e.   Conceptual site plan standards. A conceptual site plan shall be reviewed for compliance with the following standards:

      (1)   Setbacks and lot coverage;

      (2)   Location and orientation of structure(s);

      (3)   Street layout;

      (4)   Right-of-way width and configuration;

      (5)   Public utility location and sizing;

      (6)   Landscaping;

      (7)   Buffering;

      (8)   Parking and loading;

      (9)   Open space configuration;

      (10)   Fencing, walls, and screening;

      (11)   Stormwater management;

      (12)   Exterior lighting;

      (13)   Signage; and

      (14)   Solid waste collection facilities.

      Conceptual site plans associated with an application for a Conditional Zoning District classification to a Planned Unit Development District shall also include sufficient information to establish the development standards for the PUD.

   f.   Amendment. A conceptual site plan may only be amended or modified in accordance with the procedures set forth for its initial approval

(Ord. 2021-02, passed 6-14-2021)

   a.   Purpose. The purpose of this section is to establish the procedures and standards for the review and approval of a site plan that depicts site and building related details and engineered drawings.

   b.   Applicability. All development, unless exempted in accordance with § 3-4.9(C), Exemptions, shall be required to have a site plan approved in accordance with this section prior to the issuance of a land development permit.

   c.   Exemptions. The following development shall be exempted from the requirements of this section:

      (1)   Internal or external construction that does not increase gross floor area, building height, the density, or intensity of use, or affect parking requirements;

      (2)   The construction of a single family dwelling or duplex on an individual lot;

      (3)   The construction or placement of an accessory structure associated with a single family dwelling or duplex; and

      (4)   Changes in use where there is no associated change in landscaping, buffering, off- street parking requirements, lot coverage or other external site characteristics.

   d.   Procedures.

      (1)   Preliminary procedures. See § 3-3, Common Review Procedures.

      (2)   Review and decision by the Ordinance Administrator. Following the submission of a site plan by an applicant, the Ordinance Administrator shall review and approve, approve with modifications, or deny approval of the site plan based on the standards in § 3-4.9(E), Site Development Plan Standards.

   e.   Site plan development standards. A site development plan shall be approved only upon a finding that it adequately depicts the precise design, location, and profile of all structures, site features, and public facilities proposed for development, as well as all other technical considerations. In addition, the site development plan shall demonstrate that all of the following standards are met:

      (1)   The use is allowed in the zoning district in accordance with Article VII, District Regulations;

      (2)   The development and uses in the site development plan comply with Article VII, District Regulations;

      (3)   The development is consistent with the associated conceptual site plan and applicant sponsored conditions (if applicable);

      (4)   The development proposed in the site development plan and its general layout and design comply with all appropriate standards in this ordinance; and

      (5)   The development complies with all other applicable regulations and requirements.

   f.   Effect of approval. The approval of a site development plan allows the applicant to apply for a land development permit to initiate land development activities in accordance with the approved site development plan.

   g.   Expiration. Site development plan approval shall automatically expire at the end of two years following initial approval if a building permit has not been issued and construction pursuant to that permit has not commenced for at least one building in the proposed development. A change in ownership shall not affect this time frame.

   h.   Amendments. A site development plan may be amended, extended, or modified only in accordance with the procedures and standards established for its original approval. Changes to any approved site development plan following the issuance of a land development permit shall require a re-review of a site development plan, may void the land development permit, and may require additional review fees at the discretion of the Ordinance Administrator. If the amended site development plan was approved as a conceptual site plan, any significant departure must be amended in accordance with the procedures set forth for its initial approval.

(Ord. 2021-02, passed 6-14-2021)

   a.   Purpose. A land development permit shall be required in accordance with the provisions of this section in order to ensure that proposed development complies with the standards of this ordinance, and to otherwise protect the public health, safety, and welfare of the citizens of the Town of Newport.

   b.   Applicability. The provisions of this section shall be applicable to all development within the Town of Newport's jurisdiction. No building, sign, or other structure shall be erected, moved, extended, enlarged, or structurally altered, any building permit be issued, or any other development activity commence until the Ordinance Administrator has issued a land development permit in accordance with this section.

   c.   Procedure.

      (1)   Preliminary procedures. See § 3-3, Common Review Procedures.

      (2)   Review and decision by the Ordinance Administrator. The Ordinance Administrator shall review and approve or deny an application for a land development permit in accordance with the standards in § 3-4.10(D), Land Development Permit Standards. If the application is denied, the reasons for denial shall be provided to the applicant in writing.

   d.   Land development permit standards. A land development permit shall be approved upon a finding by the Ordinance Administrator that the application fully complies with all relevant standards of this ordinance, as well as all other applicable requirements and applicable conditions of approval if any were imposed as part of a preceding approval for the proposed development (see G.S. § 160D-403(a)).

   e.   Approval. A land development permit approval shall be in writing and may contain a provision requiring the development to comply with all applicable state and local laws. Such permit 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. Applications for land development permit approvals may be made by the landowner, a lessee, or person holding an option or contract to purchase or lease land, or an authorized agent of the landowner. An easement holder may also apply for development approval for such development as is authorized by the easement.

   f.   Appeals. The appeal of a decision by the Ordinance Administrator on the issuance of a land development permit shall be heard by the Board of Adjustment in accordance with § 3-4.6, Appeals of Administrative Decisions.

   g.   Expiration.

      (1)   For development activity that requires a building permit, the land development permit issued for that activity shall expire one year after the date of its issuance if a building permit has not yet been issued.

      (2)   For development activity that does not require a building permit, the land development permit shall expire unless the activity authorized by the land development permit has commenced within one year of the date of its issuance.

(Ord. 2021-02, passed 6-14-2021)

   a.   Purpose. Certificates of compliance are required to ensure that previously authorized development has taken place in conformance with approved plans, permits, conditions, and the general provisions of this ordinance.

   b.   Applicability. All land development activity which was authorized by the issuance of a land development permit for nonresidential use must receive a certificate of compliance prior to receiving a certificate of occupancy from the Town of Newport's Building Inspector.

   c.   Procedure. Upon the completion of development activity, the developer shall make an application for a certificate of compliance. Following the receipt of the application, the Ordinance Administrator shall inspect the development for conformance with the approved plans and permits and for conformance with the provisions of this ordinance. If the development is found to be in compliance, the Ordinance Administrator shall issue a certificate of compliance. If the development is found not to be in compliance, the Ordinance Administrator shall submit the deficiencies to the applicant in writing and deny the issuance of a certificate of compliance. The applicant may then correct any deficiencies and reapply for a certificate of compliance.

   d.   Phased development. Where development of a site is conducted in phases, certificates of compliance may be issued for those specific portions of the development which have been completed to that point, provided that all required infrastructure and all site features, such as parking and landscaping, related to that portion of the development have been installed.

   e.   Temporary certificates authorized. The Ordinance Administrator is authorized to grant a temporary certificate of compliance when it has been determined that substantial compliance with all approved plans, permits, and conditions exists, but uncontrollable circumstances will prevent the immediate completion of the development, such as weather impacting the installation of landscaping materials. A temporary certificate of compliance may be granted for a period not to exceed 90 days. One extension, not to exceed 30 days may be granted upon demonstration by the developer that conditions outside of their control have precluded the completion of the development. In no case shall a temporary certificate of compliance be in effect for a periods of more than 120 days.

(Ord. 2021-02, passed 6-14-2021)

   a.   Purpose and intent. The purpose of this section and Article XVI, Subdivisions, are to promote the health, safety and welfare of the residents within the Town of Newport's jurisdiction by:

      (1)   Providing for the orderly growth and development of the town's jurisdiction;

      (2)   Coordinating streets and roads within proposed subdivisions with the state and town road networks and all applicable transportation plans;

      (3)   Providing easements and rights-of-way for utilities and future streets;

      (4)   Avoiding congestion and overcrowding, and encouraging the proper arrangement of streets and other transportation infrastructure in relation to existing or planned streets;

      (5)   Ensuring that there is adequate open space and recreation facilities to serve new development; and

      (6)   Ensuring that there is proper recordation of landownership and/or property owner association records where applicable.

   b.   Applicability. Unless exempted in accordance with § 3-4.12(c), Exemptions, the following forms of development shall be required to have land subdivided in accordance with the procedures and standards of this section prior to the transfer of title or sale of any lots, the issuance of a land development permit or the issuance of a building permit for development:

      (1)   The division of land into two or more lots, building sites, or other divisions for the purpose of immediate or future sale, lease or development;

      (2)   All divisions of land involving the creation of a new street or the change or modification of an existing street;

      (3)   Re-subdivision involving the further division or relocation of lot lines of any lot or lots within an already approved subdivision; and

      (4)   The combination or consolidation of existing lots of record.

   c.   Exemptions (G.S. § 160D-802). The following actions shall be exempt from the requirements of this section:

      (1)   The combination or recombination of portions of previously subdivided and recorded lots where the total number of lots is not increased, and where the lots are equal to or exceed the standards set forth in this ordinance;

      (2)   The division of land into parcels greater than ten acres in size where no street right-of-way dedication is involved;

      (3)   The public acquisition of land for public use by purchase of strips of land for the widening or opening of streets, placement of utilities or establishment of park land or greenway trails;

      (4)   The division of a tract in single ownership whose entire area is no greater than two acres into not more than three lots, where no street right-of-way dedication is involved and where the resultant lots are equal to or exceed the standards of this ordinance; and

      (5)   The division of a tract into parcels in accordance with the terms of a probated will or in accordance with intestate succession under G.S. Chapter 29.

      Plats for subdivisions which are exempt from the requirements of this section shall be submitted to the Ordinance Administrator who shall sign a Certificate of Exemption (see Appendix A-3) on the plat. This certificate must be signed prior to recordation of the exempt subdivision plat with the Carteret County Register of Deeds.

   d.   Sketch plat review.

      (1)   General. The sketch plat review process allows applicants for subdivision approval to submit their initial development proposal to the Ordinance Administrator for review and comment prior to making a formal application for subdivision approval. This process is intended to reduce the cost of land subdivision by allowing the Ordinance Administrator to provide the applicant with comments on the proposed subdivision prior to the applicant undertaking the expense of preparing a formal subdivision application.

      (2)   Applicability. Sketch plat review shall be required prior to the submission of a preliminary plat (major subdivision) and is permitted prior to the submission of a minor subdivision plat.

      (3)   Sketch plat content standards. A sketch plat shall contain all information as shown in Appendix A-2, Subdivision Plat Content Standards.

      (4)   Review procedures.

         i.   Preliminary procedures. See § 3-3, Common Review Procedures.

         ii.   Review and comment by the Ordinance Administrator. Following the receipt of a complete application for sketch plat review, the Ordinance Administrator, along with other Town of Newport Departments, shall review the submitted plat for general conformance to the requirements of all applicable ordinances. Following this review, the applicant shall receive comments in writing, and then may begin preparation of a preliminary plat (major subdivision) or minor subdivision plat.

   e.   Minor subdivision.

      (1)   Applicability. The minor subdivision procedure shall be utilized for the subdivision of land into three or fewer lots, provided the proposed subdivision complies with all of the following:

         i.   The entire area of the tract or parcel to be divided is five acres or less;

         ii.   No new streets, alleys, or other public rights-of-way are created;

         iii.   No part of the tract or parcel to be divided has been divided in the ten years prior to division;

         iv.   No changes are made to the existing streets, alleys, or other rights-of-way;

         v.   No new utilities are required to be installed to serve the subdivided land; and

         vi.   No flag lots are created.

      (2)   Required content of minor subdivision plats. A minor subdivision plat shall contain all information as shown in Appendix A-2, Subdivision Plat Content Standards.

      (3)   Review and action by the Ordinance Administrator. Once the minor subdivision plat has been submitted, the Ordinance Administrator shall review the application and make a decision to approve, approve with modification, or deny the application in accordance with § 3-4.12(e)(4), Standards for Approval.

      (4)   Standards for approval. A minor subdivision shall be approved upon a finding that the application complies with the standards in Article XVI Subdivisions, as well as all other relevant provisions of this ordinance, and all other relevant ordinances and regulations.

      (5)   Certification. No minor subdivision plat may be recorded unless all relevant certificates, as identified in Appendix A-3, have been signed by the appropriate authorities.

      (6)   Recordation. The applicant shall file the approved minor subdivision plat with the Carteret County Register of Deeds within 90 days after the date of approval or such approval be null and void.

   f.   Preliminary plat (major subdivision).

      (1)   General. A preliminary plat (major subdivision) establishes the general layout and design for the subdivision. Upon the approval of a preliminary plat, applicants may begin to install streets, public utilities, and other infrastructure. Following installation and approval of all required infrastructure, applicants may submit an application for a final plat. Building permits may be issued before approval and recordation of a final plat, but no certificate of occupancy shall be issued.

      (2)   Applicability. The subdivision preliminary plat (major subdivision) procedures shall be utilized for the subdivision of land where any of the following apply:

         i.   New public streets are proposed;

         ii.   Changes to existing public rights-of-way are proposed;

         iii.   New public utilities are required to serve the proposed lots;

         iv.   Flag lots are created or modified;

         v.   Part of the tract or parcel to be divided has been divided in the ten years prior to division; or

         vi.   More than three lots are proposed.

      (3)   Required content of preliminary plats. A preliminary plat shall contain all information as shown in Appendix A-2, Subdivision Plat Content Standards.

      (4)   Review and approval procedures.

         i.   Review and recommendation by the Ordinance Administrator. Following the review of the sketch plat, the applicant shall prepare a preliminary plat that reflects the configuration depicted in the finalized sketch plat along with any other required information. Once the complete application and preliminary plat are submitted, the Ordinance Administrator shall review the application and submit his recommendation and comments to the Planning Board prior to the meeting at which they will review the application.

         ii.   Review and recommendation by the Planning Board. Following the receipt of comments and a recommendation from the Ordinance Administrator, the Planning Board shall review the proposed preliminary plat for compliance with the provisions of this ordinance. Within 45 days following its initial review, the Planning Board shall make a recommendation to the Board of Commissioners to approve, conditionally approve, or deny approval of the preliminary plat based on the standards in § 3-4.12(f)(5).

         iii.   Review and action by the Town Council. Following the receipt of comments and a recommendation from the Ordinance Administrator and the Planning Board, the Town Council shall review the proposed preliminary plat for compliance with the provisions of this ordinance. Within 45 days following its initial review, the Council shall make its decision to approve, conditionally approve or deny approval of the preliminary plat based on the standards in § 3-4.12(f)(5).

      (5)   Standards of approval. A preliminary plat shall only be approved upon finding that the application complies with the standards in Article XVI, Subdivisions, all other relevant provisions of this ordinance, and all other relevant ordinances, plans and regulations.

      (6)   Effect of approval. Approval of a preliminary plat shall constitute approval of the development with the general lot shapes and alignments of streets identified in the phases depicted on the approved preliminary plat. Phases not depicted on an approved preliminary plat shall not have preliminary plat approval. Approval of a preliminary plat allows the applicant to proceed with the installation of the required infrastructure and utilities. Approval of a preliminary plat does not constitute or guarantee approval of a final plat. The approval of a subdivision preliminary plat is not a personal right, but one which runs with the land, and, therefore, changes in ownership of the subject property shall not alter the effect of the approval.

      (7)   Amendment. A preliminary plat may be amended or modified only in accordance with the procedures and standards established for its original approval.

      (8)   Installation and inspection of required improvements. Following the construction of all required improvements, or the posting of a performance guarantee for required improvements that are not installed or completed, the applicant shall submit a written request for inspection of those improvements to the Ordinance Administrator. When all required public improvements and/or performance guarantees have been approved by the Town of Newport, the applicant may apply for final plat approval.

      (9)   Performance guarantees. In lieu of meeting the requirements for the completion, installation, and dedication of any and all public infrastructure improvements (e.g., underground utilities, streets, sidewalks, storm drainage, trees, landscaping, buffer plantings, street lights, etc.). Prior to final plat approval, the Town of Newport may accept a performance guarantee in accordance with the standards in this section.

         i.   Form of performance guarantees. Where required, the applicant shall furnish a performance guarantee in any form acceptable to the Town Attorney. Such forms may include any of the following:

            (a.)   Cash or equivalent security. The applicant shall deposit cash, an irrevocable letter of credit, or other instrument readily convertible into cash at face value, either with the Town of Newport or in escrow with a financial institution designated as an official depository of the town. The amount of deposit shall be equal to 125% of the entire cost, as certified in an estimate by a licensed design professional and verified by the town, of installing all required improvements.

            (b.)   Surety performance bonds. The developer shall obtain a performance bond from a surety bonding company authorized to do business in North Carolina, and approved by the Town Attorney. The bond shall be payable to the Town of Newport and shall be in an amount equal to 125% of the entire cost of installing all required improvements, as certified in an estimate by a licensed design professional and verified by the town. The duration of the bond(s) shall be until such time as the improvements are approved by the town. Any expenses associated with the cost verification by the town shall be paid entirely by the applicant.

            (c.)   Escrow guarantee. If cash or other instrument is deposited in escrow with a financial institution, then the applicant shall file with the Town of Newport an agreement with the financial institution guaranteeing the following:

               1.   Exclusivity of funds. That the escrow amount will be held in trust until released by the town and may not be used or pledged by the applicant in any other transaction during the term of the escrow; and

               2.   Immediate release of funds. That in case of a failure on the part of the applicant to complete the guaranteed improvements, the financial institution shall, upon notification by the town of an estimate of the amount needed to complete the improvements, immediately pay to the town the funds estimated to complete the improvements, up to the full balance of the escrow account, or deliver to the town any other instruments fully endorsed or otherwise made payable in full to the town.

         ii.   Default. Upon failure on the part of the applicant to complete the required improvements in the time required by this ordinance or as spelled out in the performance bond or escrow agreement, the surety, or financial institution holding the escrow account, shall, if required by the Town of Newport, pay all or any portion of the bond or escrow fund to the town up to the amount required to complete the improvements based on an estimate by the town. Upon payment, the town, in its discretion, may expend such portion of these funds, as it deems necessary to complete all or any portion of the required improvements. The town must return any funds not spent in completing the improvements to the applicant.

         iii.   Release of security guarantee. The Town of Newport may release a portion of any security posted after the improvements are completed to the satisfaction of the town. When the town approves the improvements, it shall immediately release the portion of the security posted which covers the cost of the improvements approved by the town, as shown in the detailed cost estimate.

      (10)   Expiration of approval. Preliminary plat approval shall be valid for a period of two years from the date of approval of the preliminary plat unless an extension of time is applied for and granted by the Town Council, or unless a longer time period is established under applicable vested rights provisions. Preliminary plats which have expired shall be resubmitted in accordance with the provisions of this section.

   g.   Final plat (major subdivision).

      (1)   General. After the inspection and approval of the required public improvements or the posting of a performance guarantee for improvements that are not installed or completed, the applicant shall prepare a final plat for review in accordance with this section. Where a subdivision is developed in phases, only that phase which has been completed may be included in the final plat. The applicant shall receive approval of a final plat prior to the issuance of any certificate of occupancy for structures on newly created lots.

      (2)   Required contents of the final plat. A final plat shall contain all information as shown in Appendix A-2, Subdivision Plat Content Standards.

      (3)   Review and approval procedures.

         i.   Preliminary procedures. See § 3-3, Common Review Procedures.

         ii.   Review by the Ordinance Administrator. Following the submission of a complete application for final plat approval, the Ordinance Administrator shall review the application and submit a recommendation to the Town Council prior to the meeting at which they will review the application.

         iii.   Review and action by the Town Council. Following the receipt of a recommendation from the Ordinance Administrator, the Town Council shall review the proposed final plat. The Town Council shall review the application for consistency with the standards of this ordinance and with the approved preliminary plat. Within 45 days following its initial review, the Town Council shall make its decision to approve, conditionally approve, or deny approval of the final plat. In those cases where the applicant has submitted a performance security in lieu of installing all required improvements, the Town Council may only grant approval of the final plat if it has received a positive recommendation from the Town Attorney with regard to the sufficiency of the posted security.

      (4)   Standards of approval.

         i.   The final plat complies fully with the standards in Article XVI, Subdivisions;

         ii.   The final plat is in substantial conformity with the approved preliminary plat;

         iii.   The final plat indicates the installation, or financial guarantee of the installation, of all required improvements; and

         iv.   The final plat contains all required certificates, signed by the appropriate authorities.

      (5)   Certification. No minor subdivision plat may be recorded unless all relevant certificates, as identified in Appendix A-3, have been signed by the appropriate authorities.

      (6)   Recordation. The applicant shall file the approved minor subdivision plat with the Carteret County Register of Deeds within 90 days after the date of approval or such approval be null and void.

(Ord. 2021-02, passed 6-14-2021)