No person shall undertake any development activity subject to this chapter without first obtaining a permit from the enforcement officer.

(Ord. of 1-6-2000, § 3-1)

(a)

Building permit exemptions. The following are exempt from building permit requirements:

(1)

Farm buildings (other than residences) for farm use;

(2)

Facilities for storing, handling and utilizing liquefied petroleum gases for fuel and anhydrous ammonia or other liquid fertilizers; but not including tanks and tank farms;

(3)

Facilities of a public utility or an electric or telephone membership corporation (except buildings);

(4)

Accessory buildings with no horizontal dimension greater than 12 feet; and

(5)

Federal or state owned buildings.

(b)

Grading permit exemptions. The following land disturbing activities are exempt from grading permit requirements:

(1)

For the purpose of fighting fires;

(2)

For the stock piling of raw or processed sand, stone, or gravel in material processing plants and storage yards, provided that sediment control measures have been utilized to protect against off-site damage;

(3)

Areas that do not exceed one acre in surface area. In determining the area, lands under one or diverse ownership being developed as a unit shall be aggregated;

(4)

Those undertaken on agricultural land for the production of plants and animals useful to man, including but not limited to: forage and sod crops, grain and feed crops, tobacco, cotton and peanuts; dairy animals and dairy products; poultry and poultry products; livestock, including beef cattle, sheep, swine, horses, ponies, mules or goats, including the breeding and grazing of any or all such animals; bees and aviary products; fur animals;

(5)

Those undertaken on forest land for the production and harvesting of timber and timber products and which are conducted in accordance with Forest Practice Guidelines Related to Water Quality (best management practices) as adopted by the state department of environment, and natural resources. If land disturbing activity undertaken on forestland for the production and harvesting of timber and timber products is not conducted in accordance with Forest Practice Guidelines Related to Water Quality, the provisions on this chapter shall apply to such activity and any related land disturbing activity on the tract;

(6)

Mining activity undertaken by persons as defined in G.S. 113A-52(8) who are otherwise regulated by the provisions of The Mining Act of 1971, G.S. 74-46 through 74-68; and

(7)

Land disturbing activity over which the state has exclusive regulatory jurisdiction as provided in G.S. 113A-56(a).

(c)

Sign permit exemptions. No sign permit shall be required for signs exempted by division 2 of article IX.

(Ord. of 1-6-2000, § 3-2)

(a)

General requirements.

(1)

Submission. Unless otherwise specified, all applications for permits under this chapter shall be submitted by the owner of the property or the authorized agent of such owner. The enforcement officer may require reasonable proof of agency from any person submitting an application as an agent.

(2)

Form of submission. An application for any permit under this chapter shall be submitted in such form, number of copies and format as required by appendix C to this Code, together with such fees as required.

(3)

Waiver of submission requirements. The enforcement officer may waive submission of required elements of information when in his opinion such information is otherwise available or is not necessary to review the application. The enforcement officer may refuse to process an incomplete application.

(4)

Processing. All applications for permits shall be submitted, reviewed and processed in accordance with the requirements of this chapter.

(5)

Approved plans. A copy of required plans or information submitted with the application shall be returned to the applicant after the enforcement officer has marked the copy either approved or disapproved and attested to same. A similarly marked copy shall be retained by the enforcement officer.

(6)

Improvement permit and authorization to construct required. A permit for any building or use for which a state or county health department improvement permit for installation of a well and/or an improvement permit/authorization to construct a new sewage disposal system is required shall not be issued until such improvement permit or authorization to construct has been issued by the state or county health department.

(7)

Conformance with airport overlay district. The enforcement officer shall not issue a building, sign, or use/location permit or certificate of occupancy for any building or sign not in conformity with the provisions of the airport zoning overlay district, except upon written order of the board of airport zoning appeals.

(b)

Building, sign, use/location permits. Application for a building, sign, and use/location permits shall be made to the enforcement officer.

(c)

Event permit.

(1)

Application. Application for an event permit shall be made to the enforcement officer at least three working days prior to the start of the event.

(2)

Permit required. An event permit shall be obtained for nonpermanent facilities and activities which will have a duration more than three days but not more than 30 days. Examples of this type of event uses are: a carnival, a turkey shoot, a revival or similar activity conducted on a short term basis. Turkey shoots may have a duration not to exceed 90 days. Refer to section 30-1090 for additional requirements for turkey shoots.

(3)

Purpose of permit. The purpose of this permit will be to authorize a specific use for a defined period of time; and to coordinate health, traffic, and other code specific inspections necessary to the safe and healthful operation of the event.

(4)

Permit issuance. The event permit shall not be issued until evidence is shown that the following conditions have been or will be complied with:

a.

Ample off-street parking shall be provided for the event, in addition to required parking for the use or uses located at the event site;

b.

The owner of the property where the event is to be held, or his agent, shall provide to the enforcement officer written authorization that the event may take place on the property;

c.

An event held outside of a building and within 500 feet of any residence shall cease operation by 10:00 p.m.;

d.

Noise shall be controlled so that no adjoining property owner or occupant is unduly disturbed by the event; and

e.

Licenses and/or permits required by other agencies shall be obtained prior to the issuance of the event permit.

(5)

Maximum number of permits. No more than three permits may be issued on the same property for the same event in any one calendar year.

(d)

Grading permit. Application for a grading permit shall be made to the enforcement officer, in accordance with provisions of article XI. A certificate of erosion control performance is required in accordance with section 30-297(c).

(e)

Floodplain development permit.

(A)

Application requirements: Application for a floodplain development permit shall be made to the floodplain administrator prior to any development activities located within special flood hazard areas. The following items shall be presented to the floodplain administrator to apply for a floodplain development permit:

(1)

A plot plan drawn to scale which shall include, but shall not be limited to, the following specific details of the proposed floodplain development:

a)

The nature, location, dimensions, and elevations of the area of development/disturbance; existing and proposed structures, utility systems, grading/pavement areas, fill materials, storage areas, drainage facilities, and other development;

b)

The boundary of the special flood hazard area as delineated on the firm or other flood map as determined in this section, or a statement that the entire lot is within the special flood hazard area;

c)

Flood zone(s) designation of the proposed development area as determined on the firm or other flood map as determined in section 30-1367(b);

d)

The boundary of the floodway(s) or non-encroachment area(s) as determined in section 30-1367(b);

e)

The base flood elevation (BFE) where provided as set forth in sections 30-1367(b); 9-6.3(11 & 12); or 30-1398;

f)

The old and new location of any watercourse that will be altered or relocated as a result of proposed development;

g)

Certification of the plot plan by a registered land surveyor or professional engineer.

(2)

Proposed elevation, and method thereof, of all development within a special flood hazard area including but not limited to:

a)

Elevation in relation to mean sea level of the proposed reference level (including basement) of all structures;

b)

Elevation in relation to mean sea level to which any non-residential structure in Zone AE or A will be flood-proofed; and

c)

Elevation in relation to mean sea level to which any proposed utility systems will be elevated or floodproofed;

(3)

If floodproofing, a floodproofing certificate (FEMA Form 81-65) with supporting data and an operational plan that includes, but is not limited to, installation, exercise, and maintenance of floodproofing measures.

(4)

A foundation plan, drawn to scale, which shall include details of the proposed foundation system to ensure all provisions of this chapter are met. These details include but are not limited to:

a)

The proposed method of elevation, if applicable (i.e., fill, solid foundation perimeter wall, solid backfilled foundation, open foundation on columns/posts/piers/piles/shear walls);

b)

Openings to facilitate equalization of hydrostatic flood forces on walls in accordance with section 30-1397(b)(4)(c), when solid foundation perimeter walls are used in Zones A, AE, and A1-30;

(5)

Usage details of any enclosed areas below the regulatory flood protection elevation.

(6)

Plans and/or details for the protection of public utilities and facilities such as sewer, gas, electrical, and water systems to be located and constructed to minimize flood damage;

(7)

Copies of all other Local, State and Federal permits required prior to floodplain development permit issuance (wetlands, endangered species, erosion and sedimentation control, riparian buffers, mining, etc.)

(8)

Documentation for placement of recreational vehicles and/or temporary structures, when applicable, to ensure section 30-1397(b) (6) of this ordinance are met.

(9)

A description of proposed watercourse alteration or relocation, when applicable, including an engineering report on the effects of the proposed project on the flood-carrying capacity of the watercourse and the effects to properties located both upstream and downstream; and a map (if not shown on plot plan) showing the location of the proposed watercourse alteration or relocation.

(B)

Permit requirements. The floodplain development permit shall include, but not be limited to:

(1)

A description of the development to be permitted under the floodplain development permit.

(2)

The special flood hazard area determination for the proposed development per available data specified in section 30-1367(b).

(3)

The regulatory flood protection elevation required for the reference level and all attendant utilities.

(4)

The regulatory flood protection elevation required for the protection of all public utilities.

(5)

All certification submittal requirements with timelines.

(6)

A statement that no fill material or other development shall encroach into the floodway or non-encroachment area of any watercourse, as applicable.

(7)

The flood openings requirements, if in Zones A, AE, or A1-30.

(8)

Limitations of below BFE enclosure uses (if applicable). (i.e., parking, building access and limited storage only).

(Ord. of 1-6-2000, § 3-3; Ord. of 6-7-2007, § 3-3.5)

(a)

Permit sequence.

(1)

Order of review and issuance. The order of permit issuance shall be as follows:

a.

A grading permit may be issued in advance of other permits and plan approvals, except watershed development plans;

b.

If required, a health department improvement permit/authorization to construct for well or septic, driveway permit, sewer and water construction plans, site or plot plan, and watershed development plan shall be issued, approved, or authorized prior to issuance of a building, sign, use, location or occupancy permit.

(2)

Recordation of final plats. Recordation of final plats may be deferred on group development projects and projects in excess of 50,000 square feet of gross floor area. A certificate of occupancy may not be issued until all platting requirements are met.

(3)

Phasing of projects. Phased projects may be occupied in phases as long as compliance is achieved in each phase, and access and other requirements are met.

(4)

Permits prior to final plan approval. The enforcement officer may issue permits for model homes, temporary construction trailers, safety structures, and other customary construction mobilization structures prior to site plan and final plat approval.

(5)

Concurrent review. Review of plans may be concurrent.

(b)

Fees. The town council may establish a schedule of fees, charges and expenses, and a collection procedure, for building permits, sign permits, use/location permits, conditional zoning and special use permits, grading permits, variances, waivers, appeals and other matters pertaining to this chapter. No permit, certificate, variance etc., shall be issued unless or until such costs, charges, fees, or expenses as established, have been paid in full, nor shall any action be taken on proceedings before the administrative board authorized by this chapter unless or until charges and fees have been paid in full.

(Ord. of 1-6-2000, § 3-4; Ord. No. O-2021-13, § 1, 7-1-2021)

(a)

Permit denial. Any owner or occupant who has been denied a permit may appeal the denial by giving notice of appeal in writing to the enforcement officer within 15 days, in accordance with division 3 of article II.

(b)

Appellant body. An appeal from permit denial shall be made to the appropriate body in accordance with division 3 of article II.

(Ord. of 1-6-2000, § 3-5)

(a)

Periodic inspections. The enforcement officer shall have the right, upon presentation of proper credentials, and with the consent of the premises owner or inspection warrant if necessary, to enter on any premises within the jurisdiction of the town council at any reasonable hour for the purposes of inspection, determination of plan compliance or other enforcement action.

(b)

Investigation. The enforcement officer shall have the power to conduct such investigation as he may reasonably deem necessary to carry out his duties as prescribed in this chapter, and for this purpose to enter at reasonable times upon any property, public or private, for the purpose of investigating and inspecting the sites of any complaints or alleged violations of this chapter.

(c)

Written statements. The town council or its agent shall also have the power to require written statements, certificates and certifications or the filing of reports under oath, with respect to pertinent questions relating to complaints or alleged violations of this chapter.

(Ord. of 1-6-2000, § 3-6; Ord. No. O-2021-13, § 1, 7-1-2021)

(a)

Building, sign, use/location permit expiration.

(1)

Start of construction. If the work authorized by a building, sign, use, or location permit has not begun within 180 days from the date of issuance thereof, the permit shall be void and a new permit, consistent with all provisions of this chapter, shall be required. For purposes of this section, construction shall be deemed to have begun at the time of completion of an approved foundation inspection.

(2)

Permit continuance. If, after start of construction, the work is discontinued for a period of one year, the permit shall immediately expire. No work authorized by any permit that has expired shall thereafter be performed until a new permit has been secured.

(3)

Posting. The building sign, use, or location permit must be posted in a prominent place on the site at all times it is in effect.

(b)

Grading permit expiration.

(1)

Expiration. A grading permit shall be valid for one year unless it is revoked by the enforcement officer or the grading project is completed and a certificate of compliance is issued by the enforcement officer within the one year period.

(2)

Renewal. The grading permit may be reissued for an additional 180-day period, if adequately justified, by making a written request to the enforcement officer. No permit fee will be required for reissuance of a grading permit; however, the applicable surety shall remain in effect.

(3)

18-month limit. If grading or protection of the site is not completed within 18 months, the person conducting the land disturbing activity shall be required to obtain a new grading permit by following the same procedures whereby the original permit was issued.

(4)

Posting. The grading permit must be posted in a prominent place on the site of the land disturbing activity at all times it is in effect.

(c)

Improvements permit expiration.

(1)

Application expiration. The application and pertinent information prepared as necessary to obtain an improvements permit becomes invalid two years from the date of application or expires upon expiration of the preliminary plat, whichever comes first.

(2)

Permit expiration.

a.

Improvements permits for which a plot plan is provided shall be valid without expiration.

b.

Improvements permits for which a health drawing is provided shall be valid for five years.

c.

An improvement permit, once approved, may be revoked, pursuant to section 30-256(6), if there has been alternation of the site or soil conditions, changes to the proposed facility, or document falsification causing revocation of the permit.

(Ord. of 1-6-2000, § 3-7)

(a)

Certificate of occupancy and compliance.

(1)

Certificate of occupancy required. No land, building, or sign shall be structurally altered, erected, moved, occupied, or its use changed until a certificate of occupancy is issued by the enforcement officer. This certificate shall state that the building and/or proposed use thereof complies with the provisions of this chapter. Farm uses and buildings, except residences, are exempt from the provisions of this chapter outside municipalities.

(2)

Nonconforming use. A certificate of occupancy shall be required for the purpose of renewing or altering a nonconforming use.

(3)

Certificate of occupancy application. A certificate of occupancy shall be applied for concurrently with the application for a building, sign, use/location permit.

(4)

Issuance. A certificate of occupancy shall be issued as soon as practical after completion of construction or alterations of such building or sign after:

a.

Inspection by the enforcement officer to determine compliance with all applicable provisions of this chapter;

b.

If required, issuance of an operations permit for a septic system or other approved sanitary disposal method by the county or state health department;

c.

Compliance with all applicable provisions of related health, building, and fire codes.

(5)

Certificate of occupancy and compliance. A certificate of occupancy may also serve as a certificate of compliance under the building code, in which case it shall be known as a certificate of occupancy and compliance.

(b)

Temporary certificate. A temporary certificate of occupancy may be issued by the enforcement officer prior to the completion of all construction, alterations, or changes if such occupancy will not violate any health or safety considerations of applicable codes.

(1)

Time period. A temporary certificate of occupancy may be for a time period as the enforcement officer deems appropriate to complete the work, but not to exceed 180 days.

(2)

Surety. A surety will be posted in an amount sufficient to insure that the missing elements specified in the plan will be accomplished within the period of the temporary certificate of occupancy.

(3)

Work incomplete. If the work is not completed within the period of the temporary certificate of occupancy, the enforcement officer shall notify the owner. The owner shall cease use of the building and land immediately and shall not resume such use until a certificate of occupancy has been issued. Failure to cease use shall subject the owner or operator to civil penalties and other enforcement actions available under this chapter and compliance with all applicable provisions of related health, building, and fire codes.

(4)

Certificate of operation. If required, an operations permit for a septic system, or other approved sanitary disposal method, must be issued by the county or state health department prior to temporary occupancy.

(c)

Certificate of erosion control performance. A certificate of erosion control performance shall be issued after initial soil erosion and sedimentation control devices have been installed, inspected and certified to be installed and functioning properly in accordance with an approved grading plan. After issuance of a grading permit, grading on the site shall be limited to that required to install soil erosion and sedimentation control devices until the certificate of erosion control performance is issued.

(d)

Certification of floor elevation/floodproofing.

(1)

Elevation certificates.

a.

An elevation certificate (FEMA Form 81-31) is required prior to the actual start of any new construction. It shall be the duty of the permit holder to submit to the floodplain administrator a certification of the elevation of the reference level, in relation to mean sea level. The floodplain administrator shall review the certificate data submitted. Deficiencies detected by such review shall be corrected by the permit holder prior to the beginning of construction. Failure to submit the certification or failure to make required corrections shall be cause to deny a floodplain development permit.

b.

An elevation certificate (FEMA Form 81-31) is required after the reference level is established. Within seven calendar days of establishment of the reference level elevation, it shall be the duty of the permit holder to submit to the floodplain administrator a certification of the elevation of the reference level, in relation to mean sea level. Any work done within the seven day calendar period and prior to submission of the certification shall be at the permit holder's risk. The floodplain administrator shall review the certificate data submitted. Deficiencies detected by such review shall be corrected by the permit holder immediately and prior to further work being permitted to proceed. Failure to submit the certification or failure to make required corrections shall be cause to issue a stop-work order for the project.

c.

A final as-built elevation certificate (FEMA Form 81-31) is required after construction is completed and prior to certificate of compliance/occupancy issuance. It shall be the duty of the permit holder to submit to the floodplain administrator a certification of final as-built construction of the elevation of the reference level and all attendant utilities. The floodplain administrator shall review the certificate data submitted. Deficiencies detected by such review shall be corrected by the permit holder immediately and prior to certificate of compliance/occupancy issuance. In some instances, another certification may be required to certify corrected as-built construction. Failure to submit the certification or failure to make required corrections shall be cause to withhold the issuance of a certificate of compliance/occupancy.

(2)

Floodproofing certificate.

a.

If non-residential floodproofing is used to meet the regulatory flood protection elevation requirements, a floodproofing certificate (FEMA Form 81-65), with supporting data and an operational plan, is required prior to the actual start of any new construction. It shall be the duty of the permit holder to submit to the floodplain administrator a certification of the floodproofed design elevation of the reference level and all attendant utilities, in relation to mean sea level. Floodproofing certification shall be prepared by or under the direct supervision of a professional engineer or architect and certified by same. The floodplain administrator shall review the certificate data and plan. Deficiencies detected by such review shall be corrected by the applicant prior to permit approval. Failure to submit the certification or failure to make required corrections shall be cause to deny a floodplain development permit. Failure to construct in accordance with the certified design shall be cause to withhold the issuance of a certificate of compliance/occupancy.

(3)

If a manufactured home is placed within Zone A, AE, or A1-30 and the elevation of the chassis is more than 36 inches in height above grade, an engineered foundation certification is required per section 30-1397(b)(3).

(4)

If a watercourse is to be altered or relocated, a description of the extent of watercourse alteration or relocation; a professional engineer's certified report on the effects of the proposed project on the flood-carrying capacity of the watercourse and the effects to properties located both upstream and downstream; and a map showing the location of the proposed watercourse alteration or relocation shall all be submitted by the permit applicant prior to issuance of a floodplain development permit.

(5)

Certification exemptions. The following structures, if located within Zone A, AE or A1-30, are exempt from the elevation/floodproofing certification requirements specified in items (A) and (B) of this subsection:

a.

Recreational vehicles meeting requirements of section 30-1397(b)(6);

b.

Temporary structures meeting requirements of section 30-1397(b)(7); and

c.

Accessory structures less than 150 square feet meeting requirements of section 30-1397(b) (8).

(e)

Certificate of appropriateness. A certificate of appropriateness shall be required for all activities specified in section 30-590 and any property designated as an historic landmark property by the historic preservation commission whether a building permit is otherwise required or not.

(f)

Record. A record of all certificates shall be kept on file by the enforcement officer.

(g)

Construction and use. Construction and use as provided in the certificate of occupancy, building permit, use/location permit, sign permit or grading permit issued on the basis of approved plans or applications authorizes only the use, arrangement, and construction set forth in such approved plans or applications. Any use, arrangement, or construction at variance with that authorized shall be deemed a violation.

(Ord. of 1-6-2000, § 3-8; Ord. of 6-7-2007, § 4)

(a)

Dedication of right-of-way with density transfer. Whenever a tract of land located within the jurisdiction is proposed for subdivision or for use pursuant to a special use permit, and a portion of it is embraced within a corridor for a street or highway on a plan established and adopted pursuant to G.S. 136-66.2, the jurisdiction may provide for the dedication of rights-of-way within that corridor pursuant to any applicable legal authority, or:

(1)

The jurisdiction may require an applicant for subdivision plat approval or for a special use permit, or for any other permission pursuant to a land use control ordinance authorized by local act to dedicate for street or highway purpose, the right-of-way within such corridor if the jurisdiction allows the applicant to transfer density credits attributable to the dedicated right-of-way to contiguous land owned by the applicant. No dedication of right-of-way shall be required pursuant to this section unless the board or agency granting final subdivision plat approval or the special use permit, or permission shall find, prior to the grant, that the dedication does not result in the deprivation of a reasonable use of the original tract and that the dedication is either reasonably related to the traffic generated by the proposed subdivision or use of the remaining land or the impact of the dedication is mitigated by measures provided in this chapter.

(2)

If the jurisdiction does not require the dedication of right-of-way within the corridor pursuant to subsection (1) of this section or other applicable legal authority, but an applicant for subdivision plat approval or a zoning or building permit, or any other permission pursuant to land use control ordinance authorized by local act elects to dedicate the right-of-way, the jurisdiction may allow the applicant to transfer density credits attributable to the dedicated right-of-way to contiguous land that is part of a common development plan.

(b)

Reservation of rights-of-way through official roadway corridor maps.

(1)

Authority. Under the authority granted by G.S. 136-2E or state department of transportation governing bodies may from time to time adopt, amend, supplement, or change a roadway corridor official map for any streets or roadways identified on the adopted thoroughfare plan.

(2)

Effect of roadway corridor official map.

a.

After a roadway corridor official map is filed with the register of deeds, no building permit shall be issued for any building or structure or part thereof located within the roadway corridor, nor shall approval of a subdivision, as defined in article VIII, be granted with respect to property within the roadway corridor. The provisions of this section shall not apply to valid building permits issued prior to the effective date of the ordinance from which this article is derived, or to building permits for buildings and structures which existed prior to the filing of the roadway corridor, provided the size of the building or structure is not increased and the type of building code occupancy as set forth in the state building code is not changed.

b.

No application for building permit issuance or subdivision plan approval shall be delayed by the provisions of this section for more than three years from the date of the original building permit or subdivision plan submittal.

c.

Real property that lies within a roadway corridor marked on an official map is designated a special class of property and is taxable at 20 percent of the general tax rate levied on real property by the taxing unit in which the property is situated if:

1.

As of January 1, no building or other structure is located on the property; and

2.

The property has not been subdivided, as defined in article VIII, since it was included in the corridor.

(Ord. of 1-6-2000, § 3-9)

(a)

Agreement and security.

(1)

Financial guarantee in lieu of immediate installation for approval. In lieu of requiring the completion, installation, and dedication of all improvements prior to final plat approval or issuance of the certificate of occupancy, the jurisdiction may enter into an agreement with the developer whereby the developer shall complete all required improvements. Once said agreement is signed by the developer and the security required herein is provided, the final plat may be approved or the certificate of occupancy may be issued, if all other requirements of this chapter are met. To secure this agreement, the developer shall provide any or a combination of the following guarantees to cover the costs of the uncompleted improvements:

a.

Surety performance bond.

1.

The developer shall obtain a surety bond from a surety bonding company authorized to issue said bonds in the state.

2.

The bond shall be payable to the jurisdiction and shall be in an amount equal to the entire estimated cost as approved by the jurisdiction, of installing all uncompleted improvements.

b.

Cash or equivalent security.

1.

The developer shall deposit cash, an irrevocable letter of credit or other instrument readily convertible into cash at face value, either with the jurisdiction or in escrow with a financial institution. The use of any instrument other than cash shall be subject to approval of the jurisdiction. The amount of deposit shall be equal to the entire estimated cost, as approved by the jurisdiction, of installing all uncompleted improvements.

2.

If cash or other instrument is deposited in escrow with a financial institution as provided in this section, then the developer shall file with the jurisdiction an agreement between the financial institution and himself guaranteeing the following:

i.

That said escrow account shall be held in trust until released by the jurisdiction and may not be used or pledged by the developer in any other matter during the term of the escrow; and

ii.

That in case of a failure on the part of the developer to complete said improvements, the financial institution shall, upon notification by the jurisdiction immediately pay the funds deemed necessary by the jurisdiction to complete the improvements, up to the full balance of the escrow account, or deliver to the jurisdiction any other instruments fully endorsed or otherwise made payable in full to the jurisdiction.

(2)

Duration of financial guarantees.

a.

The duration of a financial guarantee shall be of a reasonable period to allow for completion and acceptance of improvements. In no case shall the duration of the financial guarantee for improvements exceed two years.

b.

All developments whose improvements are not completed and accepted 14 days prior to the expiration of the financial guarantee shall be considered to be in default. Said guarantee may be extended with the consent of the jurisdiction, if such extension takes place prior to default.

(3)

Default.

a.

Upon default, the surety bonding company or the financial institution holding the escrow account shall, if requested by the jurisdiction, pay all or any portion of the bond or escrow fund to the jurisdiction up to the amount deemed necessary by the jurisdiction to complete the improvements. Upon payment, the jurisdiction shall expend such funds or portion thereof to complete all or any portion of the required improvements. The jurisdiction shall return any funds not spent in completing the improvements. Default on a project does not release the developer from liability and responsibility for completion of the improvements.

b.

Release of guarantee security. The jurisdiction may release a portion or all of any security posted as the improvements are completed and approved by the jurisdiction.

(b)

Oversized improvements. The jurisdiction may require installation of certain oversized utilities or the extension of utilities to adjacent property when it is in the interest of future development. If the jurisdiction requires the installation of oversized improvements, the jurisdiction shall reimburse the developer for the oversizing based on the rates set by the jurisdiction.

(Ord. of 1-6-2000, § 3-10)

(a)

Applicability.

(1)

Health drawing/plot plan required. No building permit for a single-family or two-family dwelling and their accessory on a single lot shall be issued until an authorization to construct, if required; and a plot plan, prepared in accordance with appendix B to this Code, has been approved.

(2)

Site plan required. No other building permit shall be issued on a lot until a site plan, prepared in accordance with appendix B to this Code, has been approved for the development. Except that no new or amended site plan shall be required if an adequate site plan is already on file, no change in the parking requirements is required, and no increase in built-upon area is proposed or required.

(b)

Submission of site plans.

(1)

Timing. Site plans for review by the planning and zoning board shall be submitted to the planning department at least 14 days prior to the next scheduled meeting.

(2)

Site plan compliance. Site plans shall contain all applicable information listed in appendix B to this Code. The site plan shall consist of five sheets: a site layout, a lighting plan, a water and sewer utility plan, landscaping plan showing planting yard areas, types of plantings (i.e., canopy trees, understory trees, shrubs), and number of plantings, and a grading, erosion control and watershed development plan, if required. Depending on the scale or complexity of the development, any or all of the sheets may be combined. A site layout meeting the requirements of article VIII of this chapter may also serve as the preliminary subdivision plat.

(3)

Fees. All fees shall be due and payable when the site plan is submitted according to the schedule of fees.

(c)

Site plan and plot plan approval.

(1)

Approval of site/plot plan. The site plan or plot plan shall be approved when it meets all requirements of this chapter or proper waivers and/or variances are obtained.

(2)

Approval authority.

a.

Plot plans for single-family detached and two-family dwellings and their accessory structures and buildings may be approved by the enforcement officer.

b.

Site plans for additions to existing developments of 600 square feet of building or built-upon area or less may be approved by the enforcement officer.

c.

Site plans submitted for all other developments or additions to existing developments may be approved by the planning and zoning board by a majority favorable vote. Any action receiving less than a majority favorable vote will be forwarded to town council with a recommendation as described in subsection (c)(3) of this section.

(3)

Action by planning and zoning board. Once that site plan is submitted, it shall be scheduled, subject to filing deadlines, to be reviewed at the next regularly scheduled meeting.

a.

If the planning and zoning board recommends denial of the site plan, reasons for the denial shall be stated in writing and the site plan may be revised and resubmitted or forwarded to the town council.

b.

Reserved.

c.

If no action is taken within 30 days by the planning and zoning board, the site plan will be forwarded to the town council.

(4)

Action by town council. If the site plan is forwarded or recommended to the town council it shall be scheduled, subject to filing deadlines, to be reviewed at the next regularly scheduled meeting. Conditions for approval or reasons for denial shall be stated in writing.

a.

If the site plan is approved, the applicant may proceed with other requirements necessary to obtain a building permit.

b.

If the site plan is granted conditional approval, the applicant shall revise and resubmit the site plan. The planning department shall review the revised site plan and, if it meets all the approval conditions and is otherwise substantially unaltered, shall signify on the plan the change from conditional approval to approval. If the site plan is not revised within 60 days to meet the approval conditions, or the applicant notifies the planning department that he is unwilling to revise the site plan, it shall be deemed denied.

c.

If the site plan is denied, the applicant may revise and resubmit the plan to the planning and zoning board.

(5)

Expiration of site plan or plot plan approval. If construction or development does not begin within two years following site plan or plot plan approval; or is begun within two years and then discontinued for a period greater than 180 days; such approval shall expire, and a new site plan or plot plan must be submitted in accordance with the procedures in this section.

(d)

Street and utility construction.

(1)

Plans. When required street and utility construction plans for all public or private streets, and water, sanitary sewer, and storm sewer facilities shall be submitted to the jurisdiction following conditional approval or approval of the site plan. For each phase of the site plan, street and utility construction plans shall include all improvements lying within or adjacent to that section as well as all water and sanitary sewer lines lying outside that section and being required to serve that section.

(2)

No construction without plan approval. None of the improvements listed in this section shall be constructed until the street and utility construction plans for such improvements have been reviewed and approved by the appropriate authority.

(3)

Inspections. Work performed pursuant to approved street and utility construction plans shall be inspected and approved by the appropriate authority.

(e)

Runoff control structures and soil erosion and sedimentation control devices installation. Any approved permanent runoff control structure and soil erosion and sedimentation control device may be installed prior to approval of street and utility construction plans.

(f)

Permits. Upon approval of the site plan, the developer shall be eligible to apply for building and any other permits and authorizations as required by this chapter or other laws, unless otherwise provided in this chapter.

(Ord. of 1-6-2000, § 3-11; Ord. of 3-1-2017)

(a)

General requirements.

(1)

Amendments and modifications. Zoning regulations, restrictions, and zoning boundaries as shown on the official zoning map may from time to time be amended, supplemented, changed, modified or repealed according to the provisions of this chapter.

(2)

Prior building permit approval. Amendments, modifications, supplements, repeal or other changes in zoning regulations and zoning boundaries shall not be applicable or enforceable without the consent of the owner with regard to lots for which building permits have been issued, pursuant to state law, prior to the enactment of the ordinance from which this article is derived making the change or changes, so long as the permits remain valid and unexpired or not revoked.

(3)

Authorized submission. The town council, any local board, commission or department or any person who resides or owns property within the zoning jurisdiction of the town may petition for an amendment to this chapter.

(4)

Limitations. The town may not require, enforce, or incorporate into the zoning regulations any condition or requirement not authorized by otherwise applicable law, including, without limitation, taxes, impact fees, building design elements within the scope of G.S. 160D-702(b).

(b)

Requirements for zoning map amendments.

(1)

General requirements. Any person authorized to seek an ordinance amendment shall submit an application according to a form provided by the planning department, along with other required information pursuant to appendix B to this Code in cases where sketch plans or site plans are required. A statement analyzing the reasonableness of the proposed rezoning shall be prepared for each petition for a rezoning and should be coordinated with the consistency statement required for approvals by the planning board and town board pursuant to G.S. 160D-605(b).

(2)

Residential rezoning requirements. Prior to submitting a rezoning request to rural preservation district (RPD), or residential (RS) districts over ten acres, the applicant must complete the following:

a.

An environmental inventory containing, at a minimum;

1.

Land within the 100-year flood zone;

2.

Wetlands and stream buffers;

3.

Slopes greater than 15 percent;

4.

Active pasture land;

5.

Farm house or "home place," farm structures, and other historic structures or archaeological areas;

6.

Wood post fences, stone rows, and treelines;

7.

Farm roads;

8.

Scenic vistas, including views of pasture/ open space, mature tree stands and/or specimen trees, woodlands, or historic structures and landscapes.

b.

A site visit with the planning director.

(3)

Fee. All fees shall be due and payable when the application is made according to the schedule of fees.

(4)

Community outreach. Prior to the scheduled planning and zoning board hearing, the applicant should conduct an outreach effort to neighbors who may have an interest in the proposed rezoning. Outreach may consist of one-on-one meetings, phone calls, letters, a community meeting, or any combination of the above or any additional outreach efforts to sufficiently gather public input prior to the public hearing. Prior to the public hearings, the applicant will provide staff and council with an outreach statement identifying, at a minimum, the number of neighbors reached and through what method.

(5)

Filing of application.

a.

No application for rezoning to the same district shall be filed within a one-year period from the date of final action on the previous rezoning request other than a withdrawal, subject to the provisions of subsection (b)(6) of this section, prior to the public hearing on a given parcel of land or portion thereof unless the town council determines that evidence submitted to them merits consideration for a public hearing at their next meeting.

b.

A second request for the same parcel of land or portion thereof for a different zoning district may occur within a one-year period from final action on the initial request.

c.

Under no circumstances may more than two zoning map amendments be filed for rezoning a given parcel of land or any portion thereof within any one-year period.

(6)

Notification. The posting of signs, publishing of legal notices and other procedures as provided in article II shall be followed.

(7)

Public hearing. The planning and zoning board shall hold a public hearing on the application. The planning department shall present the application to the planning and zoning board, together with the planning department's recommendations, at the first regularly scheduled meeting following proper filing and notice of the application.

(8)

Application withdrawal.

a.

An application for amendment may be withdrawn by the applicant anytime before submission of the public notice to the newspaper announcing the public hearing.

b.

After submission of such notice, an application may be withdrawn at the discretion of the planning and zoning board or town council at the public hearing.

c.

No more than two withdrawals may occur on the same parcel of land or portion thereof within a one year period.

d.

No application shall be filed on the same parcel of land or portion thereof within a one year period after the date of the second withdrawal.

(9)

Continuance. The planning and zoning board may continue a rezoning request for up to two months provided the reason for said continuance is stated in the motion to continue. Nothing in this section shall prohibit a continuance being granted for a greater period of time provided it is mutually agreed upon by all parties concerned. Upon failure of the planning and zoning board to act on a request immediately following all proper continuances, or if no action is taken, the petitioner may take the rezoning application to the town council without a recommendation from the planning and zoning board.

(10)

Voting.

a.

A majority vote from the planning and zoning board shall constitute a favorable recommendation of the application and shall be forwarded to the town council.

b.

Applications receiving less than a majority favorable vote or unfavorable from the planning and zoning board shall constitute an unfavorable recommendation of the application and shall be forwarded to the town council.

c.

Applications forwarded to the town council shall require a simple majority vote to be approved.

d.

All votes of the planning and zoning board on zoning map amendments shall be accompanied by a written recommendation to the town council, citing consistently with the town's adopted land use plan and any other officially adopted plan that is applicable. Comment by the planning and zoning board that a proposed amendment is inconsistent with the land use plan shall not preclude consideration or approval of the proposed amendment by the town council.

e.

All votes of the town council on zoning map amendments shall be accompanied by a written statement citing consistency with the town's adopted land use plan and any other adopted planning documents.

f.

A member of the planning and zoning board or the town council shall not vote on any zoning map amendment where the outcome of the matter being considered is reasonably likely to have a direct, substantial, and readily identifiable financial impact on the member.

(11)

Future land use map. If a zoning map amendment is adopted and the action was deemed inconsistent with the adopted plan, the zoning amendment shall have the effect of also amending any future land-use map in the approved plan, and no additional request or application for a plan amendment shall be required. A plan amendment and a zoning amendment may be considered concurrently.

(c)

Amendments to the flood zoning map.

(1)

Authorization to amend. The location of any floodway zone or floodway fringe zone may be amended in cases where:

a.

A flood control project of the federal, state, county or city government has substantially altered the flood hazard;

b.

Flood data indicates that the boundaries or either of the zones as shown on the official flood zoning map are no longer correct;

c.

A private individual, corporation, firm or governmental agency has submitted plans to the appropriate local authority, state agencies, and the Federal Emergency Management Agency for a channel improvement or relocation or a street or bridge which would affect the location of the existing zone boundaries as shown on the official flood zoning map. Any development activity requiring as a prerequisite an amendment to the official flood zoning map shall not be allowed until the amendment to the official flood zoning map is approved; or

d.

Amendment approval is a prerequisite whenever the proposed development or proposed use combined with the allowable encroachment of the floodway fringe and with any previously placed or previously approved encroachment in the floodway will increase the base flood elevation by more than one foot. The increase in base flood elevation due to the allowable encroachment of the floodway fringe is listed in the floodway data table in the flood insurance study prepared by the Federal Emergency Management Agency (FEMA).

(2)

Application process. Application for an amendment to the official flood zoning map shall be processed in the same manner as an amendment to the official zoning map. The applicant shall be responsible for submitting the proposed amendment and supporting documentation to the Federal Emergency Management Agency (FEMA) for its approval. The application for flood zone map amendments shall be deemed incomplete if not accompanied by a letter of approval from FEMA.

(3)

Conformance to state statutes. The official flood zoning map and all amendments thereto shall be filed in accordance with G.S. 143-215.56(c).

(d)

Requirements for text amendments.

(1)

Submission of application. Applications to amend the text of this chapter shall be submitted to the planning department.

(2)

Planning and zoning board procedure. Applications for text amendments shall be processed, considered and voted upon in the same procedure as that required for zoning map amendments.

(3)

Planning and zoning board recommendation. The planning and zoning board shall make a recommendation to the town council concerning the proposed text amendment.

(4)

Application approval. The town council shall approve or disapprove the text amendment after receipt of the recommendation from the planning and zoning board.

(5)

Amendments to soil erosion and sedimentation control requirements. The town shall incorporate revisions required by the commission within eight months following receipt of the required revisions. If standards and provisions of this chapter currently meet or exceed the required revisions, the commission shall be so notified within 90 days of their receipt.

(6)

Amendments to the watershed protection/stormwater management regulations. Amendments to the watershed protection-stormwater management regulations found in this chapter shall be submitted to the division of water quality for necessary review and environmental management commission approval, when the state has statutory oversight, prior to adoption by town council. All amendments are effective upon adoption by the town council unless otherwise noted.

(e)

Amendments to the designated water supply watershed maps.

(1)

Authorization to amend. The water supply watershed maps may be amended in cases where:

a.

A new water supply watershed is established;

b.

A watershed critical area boundary is changed;

c.

A watershed critical area tier line is shifted; or

d.

A water supply watershed classification is changed.

(2)

Application process. Applications for water supply watershed map amendments shall be processed in accordance with the same procedures used for zoning map amendments.

(Ord. of 1-6-2000, § 3-12; Ord. of 7-6-2006, § 3-12.2; Ord. of 8-2-2007, § 3-12.4(G); Ord. of 11-4-2010; Ord. of 6-2-2016(1); Ord. No. O-2021-13, § 1, 7-1-2021)

(a)

Purpose of conditional zoning. If the regulations and restrictions of a zoning district permitting a proposed use are inadequate to ensure the compatibility of the proposed development with the immediately surrounding neighborhood in accordance with the principles of this chapter and applicable adopted plans, the property owner may apply for conditional zoning bearing the same designation as a standard zoning district but subject to additional conditions. The owner shall in such application specify the nature of the proposed development; and the owner or the town or its agencies shall propose conditions to ensure compatibility between the development and the surrounding neighborhood. Conditions shall be limited to those that address the conformance of the development and use of the site to this chapter and an officially adopted comprehensive plan and those that address the impacts reasonably expected to be generated by the development or use of the site. A statement analyzing the reasonableness of the proposed rezoning shall be prepared for each petition for conditional zoning. Specific conditions applicable to these districts may be proposed by the petitioner or the town and its agencies, but only those conditions mutually approved by the town and the petitioner may be incorporated into the zoning regulations.

(b)

General requirements.

(1)

Conditional zoning application. A conditional zoning application shall be considered only upon request by the property owner.

(2)

Other regulations apply. Within conditional zoning, all standards and requirements of the corresponding zoning district shall be met, except to the extent that the conditions imposed are more restrictive than those standards.

(3)

Uses within district. Within an approved conditional zoning, no use shall be permitted except pursuant to the conditions imposed on the conditional zoning in the approval of the rezoning.

(4)

Conditions. The conditions imposed may limit the uses which are permitted on the property to some one or more uses otherwise permitted in the zone. Such conditions may further specify the location on the property of the proposed use, the number of dwelling units, the location and extent of supporting facilities such as parking lots, driveways, and access streets, the location and extent of buffer areas and other special-purpose areas, the timing of development, the location and extent of rights-of-way and other areas to be dedicated for public purposes, and other such matters as the applicant may propose as conditions upon the request.

(5)

Noncompliance to district conditions. Any violation of a condition included in the approval of conditional zoning shall be treated the same as any other violation of this chapter and shall be subject to the same remedies and penalties as any such violation. Any violation of such a condition shall be deemed to be the same type of violation as the use of a property for a use not permitted under the district regulations, for the reason that any use permitted by conditional zoning is permitted only subject to the specified conditions.

(6)

Property may be placed in a conditional district only in response to a petition by all owners of the property to be included. Specific conditions may be proposed by the petitioner or the town or its agencies, but only those conditions approved by the town and consented to by the petitioner in writing may be incorporated into the zoning regulations. Unless consented to by the petitioner in writing, in the exercise of the authority granted by this section.

(c)

Procedure. Applications for conditional zoning shall be processed, considered, and voted upon in the same procedure as that required for zoning map amendments.

(d)

Special use permits.

(1)

Approval procedure. Applications for special use permits shall be processed in accordance with the procedures used for the review of applications for zoning map amendments, except that no planning and zoning board public hearing shall be required. All evidence presented at the public hearing in regard to applications for special use permits shall be under oath. The chairman of the board or any member temporarily acting as chairman shall administer oaths to witnesses.

(2)

Conditions for approval. An application for a special use permit shall be approved by the town council if and only if the town council finds that:

a.

The proposed use is represented by an "S" in the column for the district in which it is located on the permitted use schedule in section 30-331.

b.

The proposed conditions meet or exceed the development standards found in article IX.

c.

Either the use as proposed, or the use as proposed subject to such additional conditions as the owner or planning and zoning board may propose or the town council may impose, is consistent with the purposes of the district and compatible with surrounding uses.

d.

The special use permit shall be granted when each of the following findings of fact has been made by the town council:

1.

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

2.

That the use meets all required conditions and specifications;

3.

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

4.

That the location and character of the use, if developed according to the plan submitted, will be in harmony with the area in which it is to be located and in general conformity with the plan of development of the jurisdiction and its environs.

(3)

Greater restrictions. In granting a special use permit, the town council may impose more restrictive requirements upon such permit as it may deem necessary in order that the purpose and intent of this chapter are served.

(4)

Permit denial. If the town council fails to make the findings required by subsection (b) of this section or makes other findings inconsistent with the required findings, then such proposed permit shall be denied.

(5)

Permit applicability. Any special use permit so authorized shall be perpetually binding upon the property included in such permit unless subsequently changed or amended through application for a new or amended special use permit or until a use otherwise permitted in the district is established. All conditions of the special use permit must involve conditions the town has the authority to impose and be agreed to in writing by the applicant.

(6)

Compliance with approved permit. No building or other subsequent permit or approval shall be issued for any development on property subject to a special use permit except in accordance with the terms of the permit and the district.

(7)

Submission of site plans. Site plans for any development made pursuant to any special use permit shall be submitted for review in the same manner as other development plans required by this chapter.

(8)

Minor modifications. In approving such site plans, the town council may make minor modifications to the requirements of such special use permit where such modification will result in equal or better performance and provided that the objective and purpose of the requirements and conditions of the special use permit are maintained.

(9)

Amendment of permit. The town council may change or amend any special use permit subject to the same consideration as provided for in this chapter for the original issuance of a special use permit.

(10)

Timing of amendment proposal. No proposal to change or amend any special use permit shall be considered within a one year period after the date of the original authorization of such permit or within a one year period after the hearing of any previous proposal to change or amend any such permit.

(11)

Effect of invalidity. If for any reason any condition imposed pursuant to these regulations is found to be illegal or invalid, such special use permit shall be null and void and of no effect.

(12)

Noncompliance with permit conditions. If after receiving a notice of violation for violation of the terms or conditions of a special use permit, the owner fails to correct such violations within a reasonable time, then the special use permit may, after a hearing, be revoked by the town council. The town council shall revoke such permit on all or part of a development if it finds that there has been a violation that: was intentional; or continued for an unreasonable time after the owner had notice thereof; or was substantially inconsistent with the purposes of the district and continued for any time after the owner had notice thereof and the opportunity to cure. All of the other remedies of this chapter for a zoning violation shall apply to a violation of the terms of a special use permit. Civil and/or criminal penalties may accrue pending the correction of a violation of a special use permit, notwithstanding the fact that the owner may correct the violation within a reasonable time for purposes of the revocation provisions of this subsection.

(Ord. of 1-6-2000, § 3-13; Ord. of 7-6-2006, § 3-13.1; Ord. of 6-2-2016(1); Ord. No. O-2021-13, § 1, 7-1-2021)

(a)

Nonconforming lots of record.

(1)

Single lot of record.

a.

When a lot has an area or width which does not conform to the dimensional requirements of the district where located, but such lot was of record at the time of adoption of this chapter or any subsequent amendment which renders such lot nonconforming, then such lot may be used for a use permitted in the district where located, provided the following are complied with: setback dimensions and other requirements, except area or width.

b.

In residential zones, only a single-family dwelling shall be permitted on the nonconforming lot.

c.

Nothing contained herein exempts a lot from meeting the applicable provisions of the county board of health regulations.

(2)

Lots with contiguous frontage in one ownership.

a.

When two or more adjoining and vacant lots with contiguous frontage are in one ownership and said lots individually have area or width which does not conform to the dimensional requirements of the district where located, but such lots were of record at the time of adoption of this chapter or any subsequent amendment which renders such lots nonconforming, such lots shall be considered as a single buildable lot or several buildable lots for any use permitted in the district where located provided the setback and all other requirements, not involving area or width, are complied with.

b.

Nothing contained herein exempts the contiguous lots considered as a single buildable lot or lots from meeting the applicable provisions of the county board of health regulations.

(3)

Reduction of a lot of record. A lot of record reduced to less than the required area, width, or setback dimension as the result of a condemnation or purchase by a local or state government agency shall become a nonconforming lot of record.

(b)

Nonconforming use of land.

(1)

Continuance of nonconforming use of land. Any nonconforming use legally existing at the time of adoption or amendment of this chapter, or any nonconforming use created by the extension of the jurisdiction, may be continued so long as it remains otherwise lawful subject to conditions provided in subsection (b)(2) of this section.

(2)

Conditions for continuance. Such nonconforming use of land shall be subject to the following conditions:

a.

No nonconforming use shall be changed to another nonconforming use unless such use is determined to be of equal or less intensity. In determining whether a nonconforming use is of equal or less intensity, the board of adjustment shall consider:

1.

Probable traffic of each use;

2.

Parking requirements of each use;

3.

Probable number of persons on the premises of each use at a time of peak demand;

4.

Off-site impacts of each use, such as noise, glare, dust, vibration or smoke.

b.

No such nonconforming use shall be enlarged, increased, or extended to occupy a greater area of land than was occupied at the effective date of adoption or amendment of the ordinance from which this article is derived. The number of dwelling units in a nonconforming residential use shall not be increased.

c.

No such nonconforming use shall be moved in whole or in part to any portion of the lot or parcel other than that occupied by such use at the effective date of adoption or amendment of the ordinance from which this article is derived.

d.

If any nonconforming use of land ceases for any reason for a continuous period of more than one year, any subsequent use of such land shall be a permitted use in the district in which such land is located.

e.

The resumption of a nonconforming use of land shall not be permitted if such nonconforming use is superseded by a permitted use for any period of time.

f.

No additional structures not conforming to the requirements of this chapter shall be erected in connection with such nonconforming use of land.

(3)

Junked motor vehicles. Any junked motor vehicle made nonconforming by adoption of this chapter or any previous ordinance that regulated junked motor vehicles shall be removed from the property and brought into compliance within 90 days following the date of adoption of this chapter.

(4)

Scenic corridor compliance. Any property located within a designated scenic corridor and made nonconforming by this chapter adopted on January 6, 2000; or by subsequent amendment to section 30-592(a)(3) shall be brought into compliance with section 30-592(a)(3) within 365 days following the adoption of this amendment. If the owner or occupant of a property fails to comply with a notice of violation concerning compliance, any penalty assessed by the enforcement officer for a violation under the subsection shall be stayed until all appeal are resolved.

(c)

Nonconforming structures.

(1)

Continuance of nonconforming structure. Any nonconforming structure legally existing at the time of adoption or amendment of this chapter or any nonconforming structure created by extension of jurisdiction may be continued so long as it remains otherwise lawful, subject to the conditions contained in subsection (b)(2) of this section.

(2)

Conditions for continuance. Such nonconforming structures shall be subject to the following conditions:

a.

No nonconforming structure may be enlarged or altered in any way which increases its dimensional deficiencies; however any nonconforming structure or portion thereof may be altered to decrease its dimensional deficiencies. Any enlargement of the structure shall conform to the current dimensional requirement.

b.

In the event of damage by fire or other causes to the extent exceeding 50 percent of its tax value prior to such damage as established by the county tax department, reconstruction of a nonconforming structure shall be permitted only in compliance with the dimensional provisions of this chapter.

c.

In the event of damage by fire or other causes to the extent causing less than 50 percent of its tax value prior to such damage as established by the county tax department, reconstruction of a nonconforming structure shall be permitted provided it is constructed:

1.

In the same manner in which it originally existed; or

2.

In compliance with the dimensional requirements.

d.

No nonconforming structure shall be moved or relocated unless it is made to comply with the dimensional and use requirements of the district in which it is relocated.

(3)

Preservation of safe or lawful conditions. Nothing in this chapter shall prevent the strengthening or restoration to a safe or lawful condition any part of any building declared unsafe or unlawful, by the building inspector or other duly authorized official.

(d)

Nonconforming situation resulting from governmental acquisition. Any zone lot reduced in size by municipal, county or state condemnation or purchase of land shall obtain nonconforming lot or building status to the extent that said condemnation or purchase causes noncompliance with any provisions of this chapter.

(Ord. of 1-6-2000, § 3-14)

Request for changes in the zoning classification of property within a historic district shall be processed and considered in the same manner and procedure as set forth in this chapter for rezoning requests, except that the historic preservation commission shall forward a recommendation to the planning and zoning board and town council.

(Ord. of 1-6-2000, § 3-15)

(a)

Establishment of a zoning vested right.

(1)

Establishment of vested right. A zoning vested right shall be deemed established pursuant to G.S. 160D-108.1 upon the valid approval, or conditional approval, by the appropriate approval authority as specified in section 30-305(b) of a site-specific vesting plan, following notice and public hearing by the town council.

(2)

Approval of site-specific vesting plan.

a.

The approving authority 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.

b.

Notwithstanding subsections (a) and (b) of this section, approval of a site-specific vesting plan with the condition that a variance be obtained shall not confer a zoning vested right unless and until the necessary variance is obtained.

c.

Notwithstanding the provisions of section, the town will provide for rights to be vested for a period of two years where warranted in light of all relevant circumstances, including, but not limited to, the size and phasing of development, the level of investment, the need for the development, economic cycles, and market conditions or other considerations. These determinations are in the sound discretion of the town.

d.

A multi-phased development 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 of 100 acres or more. 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.

e.

The town may enter into development agreements with developers, subject to the procedures of this article. In entering into such agreements, the town may not exercise any authority or make any commitment not authorized by general or local act and may not impose any tax or fee not authorized by otherwise applicable law.

(3)

Effective date of approval. A site-specific vesting plan shall be deemed approved upon the effective date of the approval authority's action or ordinance relating thereto.

(4)

Effect of additional, new or amended regulations. The establishment of a zoning vested right shall not preclude the application of overlay zoning that imposes additional requirements but does not affect the allowable type or intensity of use, or ordinances or regulations that are general in nature are applicable to all property subject to land use regulation by the jurisdiction including, but not limited to, building, fire, plumbing, electrical and mechanical codes. Otherwise, the application of new or amended regulations shall become effective with respect to property that is subject to a site-specific vesting plan upon the expiration or termination of the vested right in accordance with this chapter.

(5)

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

(b)

Approval procedures.

(1)

Notice and public hearing. Notice of any proposed approval for a zoning vested right shall be as provided in section 30-35(a)(4). The town council shall hold a public hearing on the matter in accordance with section 30-168(1).

(2)

Approval by town council. The following plans shall be vested for two years from the date of approval by the town council after recommendation by the planning and zoning board following notice and public hearing by the town council:

a.

A preliminary plat for a minor subdivision;

b.

A plot plan;

c.

Minor site plans in accordance with section 30-300(c);

d.

A master or common sign plan;

e.

A watershed development plan;

f.

A landscaping plan;

g.

A preliminary plat for a major subdivision;

h.

A major site plan approved in accordance with section 30-300(c) but not including master or common sign plans, watershed development plans or landscaping plans;

i.

A special use permit; or

j.

A planned development, residential or planned development, mixed unified development plan.

(c)

Plans not vested.

(1)

Conceptual plans. Because the following plans frequently lack sufficient detail, they are not vested under this chapter:

a.

A planned development, residential or planned development, mixed sketch plan; or

b.

A subdivision master plan or sketch plan.

(2)

Plans not relating to type and intensity of use. The following types of plans are reviewed and approved under statutes not related to the type and intensity of use in the context of G.S. 160D-1102 and, therefore, are not considered vested in the meaning of this chapter:

a.

Soil erosion and sedimentation control plans;

b.

Utility and street construction plans; or

c.

Building and other construction plans.

(d)

Permit choice. If a land development regulation is amended between the time a development permit application was submitted and a development permit decision is made or if a land development regulation is amended after a development permit decision has been challenged and found to be wrongfully denied or illegal, G.S. 143-755 applies.

(e)

Compliance.

(1)

Conformance review. Following approval or conditional approval of a site-specific vesting plan, nothing in this chapter shall exempt such a plan from subsequent reviews and approvals to ensure compliance with the terms and conditions of the original approval, provided that such reviews and approvals are not inconsistent with the original approval.

(2)

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

(3)

Life of building permit. A building permit shall not expire or be revoked because of the running of time while a zoning vested right under this section is outstanding.

(f)

Termination. A zoning right that has been vested as provided in this chapter shall terminate:

(1)

At the end of the applicable vesting period with respect to buildings and uses for which no valid building permit application has been filed;

(2)

With the written consent of the affected landowner;

(3)

Upon findings by the governing board that natural or manmade hazards on or in the immediate vicinity of the property, if uncorrected, would pose a serious threat to the public health, safety, and welfare if the project were to proceed as contemplated in the site-specific vesting plan;

(4)

Upon payment to the affected landowner of 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 consultant's fees incurred after approval by the jurisdiction together with interest thereon at the legal rate until paid. Compensation shall not include any diminution in the value of the property which is caused by such action;

(5)

Upon findings by the governing board that the landowner or his representative intentionally supplied inaccurate information or made material misrepresentations which made a difference in the approval by the approval authority of the site-specific vesting plan; or

(6)

Upon the enactment or promulgation of a state or federal law or regulation that precludes development as contemplated in the site-specific vesting plan, in which case the approval authority may modify the affected provisions, upon a finding that the change in state or federal law has a fundamental effect on the plan.

(Ord. of 1-6-2000, § 3-16; Ord. No. O-2021-13, § 1, 7-1-2021)

(a)

The town may enter into development agreements with developers. In entering into such agreements, the town may not exercise any authority or make any commitment not authorized by general or local act and may not impose any tax or fee not authorized by otherwise applicable law.

(b)

A development agreement shall not exempt the property owner or developer from compliance with the state building code or state or local housing codes that are not part of the town's development regulations.

(c)

Before entering into a development agreement, the town shall conduct a legislative hearing on the proposed agreement. The notice provisions of G.S. 160D-602 applicable to zoning map amendments shall be followed for this hearing. The notice for the hearing must specify the location of the property subject to the development agreement, the development uses proposed on the property, and must specify a place where a copy of the proposed development agreement can be obtained.

(Ord. No. O-2021-13, § 1, 7-1-2021)