The following requirements are common to the procedures established in the UDO and apply to applications submitted under this Article. Additional procedural details may be included for each specific procedure.

1. Application Content. 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 the Ordinance. All application forms and content requirements shall be submitted to and approved by the Town Manager before becoming effective.
2. Fees. The Board of Commissioners shall establish, and may modify from time to time, a schedule of fees for applications. This schedule of fees shall be kept on file in the office of the Town Clerk.
3. Application Submission Schedule. The Ordinance Administrator shall establish a submission schedule for applications for the processes established in the UDO.
4. Application Submission. All applications shall be submitted to the Ordinance Administrator on such forms and in such numbers as have been established for that type of application. Applications, which do not meet the requirements of Subsection 5, Determination of Completeness, shall be considered incomplete and their review shall be deferred until such time that all requirements of that Section have been fulfilled.
5. Determination of Completeness
   1. Review for 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 the UDO, for the particular type of development application;
      2. The application 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 the UDO; and
      4. Is accompanied by the fee established for the particular type of application.
   2. Incomplete Applications. If the application is determined to be incomplete, the Ordinance Administrator shall notify the applicant of the deficiencies within ten (10) business days following submittal. Following notification, the applicant may correct the deficiencies and amend or resubmit the application for review.
   3. Final Approval by the Ordinance Administrator. When an application that is subject to final approval by the Ordinance Administrator is submitted and determined to be complete, he shall review the application and approve or deny it based on the standards established in the UDO. Following his approval or denial of the application, the Ordinance Administrator shall notify the applicant of his decision within the time period set forth in the Submission and Review Schedule.
   4. Final Approval by Others
      1. Staff Report. When an application, which will be considered by a reviewing or decision-making body, is submitted and determined to be complete, the Ordinance Administrator shall review the application and prepare a written staff report addressed to the reviewing or decision-making body as appropriate. Except in the case of quasi-judicial processes, the Ordinance Administrator may, at his discretion, 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.
      2. Scheduling. Following the preparation of his staff report, the Ordinance Administrator shall place the item on the agenda of the responsible body.
6. Public Hearings. 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, which is responsible for holding the hearing, subject to any limitations on the timing of hearings as established by statute or the UDO. Hearings shall be scheduled in a manner that will allow sufficient time for public notice to be given in accordance with statutory requirements.
7. Public Notification
   1. Content. All public notices required under this Ordinance shall comply with NCGS 160D-601 or other law as applicable. Additionally, all notices, except for posted notices, shall:
      1. Identify the date, time and location of the hearing.
      2. Identify the property or properties involved by the street address (if applicable) and Surry County Parcel Identification Number.
      3. Describe the nature and scope of the proposed action.
      4. Indicate that interested parties may appear at Public Hearings and speak on the matter.
      5. Indicate how additional information on the matter can be obtained.
   2. Published Notice. When published notice is required to be given for a Public Hearing or other meeting pursuant to NCGS 160D-601 or other applicable law, the Ordinance Administrator shall publish a notice of the meeting or Public Hearing in conformance with applicable law.
   3. Mailed Notice. When mailed notice is required to be provided pursuant to NCGS 160D-406, 160D-602 or other applicable law, the Ordinance Administrator shall prepare such notice and deliver the notice in the manner prescribed by applicable law.
      1. Mailed notices shall be delivered to the following persons:
         1. The applicant;
         2. Listed property owner(s) whose property is subject to the proposed action if the applicant is not the owner;
         3. Listed owners of immediately adjacent properties, including such properties that are separated from the affected parcel by a public or private right-of-way, watercourse or other intervening feature that is not a separate tax parcel;
         4. The listed owners of properties which lie wholly or partially within two-hundred (200’) feet of the external boundary of the property or properties subject to the proposed action; and
         5. Any other person as prescribed by applicable law.
      2. The Ordinance Administrator shall certify to the body holding the hearing that the required mailed notice procedures have been followed. This certification shall be conclusive evidence that the terms of this Subsection have been met.
   4. Posted Notice. When notice of a Public Hearing or other meeting is required to be posted pursuant to NCGS 160D-406, 160D-602 or other applicable law, the Ordinance Administrator shall prominently post such notice on the subject property in the manner prescribed by applicable law.
      1. Notice shall be posted at least ten (10) days, but not more than twenty-five (25) days, prior to the first hearing for which it is required, or as otherwise required by applicable law.
      2. In computing such period, the day of the posting shall not be counted, but the day of the hearing shall be counted. Posted notices shall remain in place until such time that the approving authority has rendered its final decision on the matter.
      3. When multiple parcels are included within a proposed zoning map amendment, a posting on each individual parcel is not required, but the Town shall post sufficient notices to provide reasonable notice to interested persons.
      4. 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 and relevant statutory requirements.
   5. Constructive Notice
      1. Minor defects in a 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, typographical or grammatical errors that do not impede the communication of the notice to affected parties.
      2. Unless otherwise directed by applicable law, the failure of an affected party to receive written notice shall not invalidate subsequent action. In all cases, however, the requirements for the timing of the notice and for specifying the time, date and place of a Public Hearing or meeting and the general location of the subject property shall be strictly adhered to.
      3. If question arises at the hearing or meeting regarding the adequacy of the notice, the reviewing or decision-making body shall direct the Ordinance Administrator to make a formal report as to whether there was substantial compliance with the notice requirements of this Ordinance, and the report shall be made available to the reviewing or decision-making body prior to further action being taken on the request.
8. Conditions of Approval. A decision-making body may, according to the express terms of this Ordinance, approve a development application with conditions. Such conditions may, as appropriate, ensure compliance with the general goals and policies of this Ordinance, or with particular standards of this Ordinance, in order to prevent or minimize adverse effects from the proposed development on surrounding properties. All conditions imposed shall be reduced to writing and set forth in the motion by the decision-making body to approve the development application.
9. Deferral of Application
   1. Request Prior to Publication of Notice. An applicant may request that a decision-making body’s consideration of an application at a hearing or meeting be deferred by submitting a written request for deferral to the Ordinance Administrator prior to the publication of notice for the hearing. The date of the new hearing at which the application will be heard shall be set at the time the deferral is granted by the Ordinance Administrator.
   2. Request Following Publication of Notice. If a request for deferral of consideration of an application by a decision-making body is submitted following the publication of the required notice, the request for deferral shall be placed on the agenda and acted upon by the decision-making body. The date of the new Public Hearing at which the application will be heard shall be set at the time the deferral is granted by the decision-making body. If a deferral is granted, the application shall be subject to additional fees to reimburse the Town for the costs of new notices. Such additional fees shall be paid to the Town prior to the subsequent notices being made.
10. Changes to Applications
    1. Minor Changes. Minor changes, such as additions, deletions or corrections constituting clerical errors in an application, may be submitted to the Ordinance Administrator or reviewing body, as applicable.
    2. Major Changes. Major changes to an application, such as those related to allowed uses, density or intensity of development, street layout, driveway access, open space configuration or other major element, may not be made following review and recommendation by a body tasked with that responsibility or following notification of a Public Hearing. Such changes require that the original application be withdrawn and a new application be submitted along with all required fees. The resubmitted application must go through the entire review process as if it were a new application in order to ensure the proper review of all changes.
    3. Changes in Proposed Conditions of Approval. Proposed changes in conditions of approval may be considered by the approving body without referral of the application back to the Ordinance Administrator or Planning and Zoning Board, as applicable.
11. Withdrawal of Application
    1. 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 at the Public Hearing for which the application has been scheduled.
    2. Prior to Notice of Public Hearing. The Ordinance Administrator shall approve a request for withdrawal of an application if it has been submitted prior to public notification.
    3. Subsequent to Notice of Public Hearing. If the request for withdrawal of an application is submitted subsequent to public notification, the request for withdrawal shall be placed on the agenda of the meeting at which the hearing is scheduled and acted upon by the decision-making body.
    4. Fees. Fees shall not be refunded for applications withdrawn following publication, posting or mailing of a required notice.
12. Waiting Period. No more than two (2) withdrawals of the same type application for the same property may be filed within any single twelve (12) month period. No similar type of application may be filed for the same property within one (1) year following the second withdrawal by the applicant or denial of the application by the applicable decision-making body.
13. Expiration of Approval. Expiration of approval shall occur as provided by this Ordinance for the various types of development permits and approvals. If no provision for expiration is given by this Ordinance for a particular type of development permit or approval, and if no expiration period is imposed as part of an approval by the decision-making body, expiration shall occur if development is not commenced or a subsequent permit authorized by that approval is not obtained within two (2) years.
14. Examination of Application and Supporting Documents. At any time, upon reasonable request and during normal business hours, any person may examine an application, a finalized staff report and materials submitted in support an application. Copies of such materials shall be made available at cost.

1. Purpose. The purpose of this Section is to provide a uniform method for amending the Official Zoning Map.
2. Procedures
   1. Preliminary Procedures. The preliminary procedures and requirements for submission and review of an application are established in Section 3.1, Common Review Procedures.
   2. Review by Ordinance Administrator. Prior to the submission of the application to the Planning and Zoning Board, the Ordinance Administrator shall review the application and prepare a written staff report, which shall be presented to the Planning and Zoning Board.
   3. Review and Recommendation by the Planning and Zoning Board. Following review of the application by the Ordinance Administrator, the application shall be forwarded to the Planning and Zoning Board for its review and recommendation. The Planning and Zoning Board shall consider the application, relevant supporting materials and the staff report. Within forty-five (45) days of its initial consideration of an application, the Planning and Zoning Board shall make a written recommendation to the Board of Commissioners. In making its recommendation, the Planning and Zoning Board shall adopt a written statement in accordance with NCGS 160D-604.
   4. Review and Action by Board of Commissioners. Following the receipt of a recommendation from the Planning and Zoning Board, the Board of Commissioners shall hold a Public Hearing to review and consider the application, relevant supporting materials, staff report, recommendation of the Planning and Zoning Board and the comments made during the hearing. Following the close of the Public Hearing, the Board of Commissioners shall take one of the following actions:
      1. Approve the amendment as requested.
      2. Approve the amendment with a reduction in the size of the area requested.
      3. Approve an alternate amendment to a more restrictive base zoning district than proposed.
      4. Deny the amendment.
      5. Remand the application to the Planning and Zoning Board for further consideration.
      Regardless of the final decision rendered, the Board of Commissioners shall adopt written statements in accordance with NCGS 160D-605.
3. Additional Procedures for Conditional Zoning District Map Amendments. Where a Zoning Map Amendment has been proposed to rezone property to a Conditional Zoning District, the following additional procedures shall apply.
   1. Qualified Applications. Applications for Conditional Zoning District Map Amendments may only be considered where such application has been signed by each owner of the property subject to the proposed map amendment.
   2. Conditions on Use and Development. The applicant shall submit a Concept Plan and written list of all proposed conditions on the use or development of the property subject to the Conditional Zoning District Map Amendment as part of the application. The Concept Plan shall serve as the basis for future development of the property subject to the approved Conditional Zoning District Ordinance.
   3. Review and Approval of Conditions
      1. Planning and Zoning Board. In its review of the proposed Conditional Zoning District Map Amendment, the Planning and Zoning Board may propose modifications to the Concept Plan and/or list of conditions, as it may find reasonable and in the public interest. Modifications to the submitted Concept Plan and/or list of proposed conditions shall be reduced to writing and forwarded to the Board of Commissioners with the Board’s recommendation on the proposed amendment.
      2. Board of Commissioners. The Board of Commissioners shall consider the proposed use and development conditions, the Concept Plan and any proposed additions or modifications forwarded by the Planning and Zoning Board as part of its deliberations following the Public Hearing on the proposed amendment. The Board of Commissioners may propose modifications to the Concept Plan and/or list of conditions as it finds reasonable and in the public interest. All conditions or modifications to the submitted Concept Plan, whether proposed by the applicant or Board of Commissioners, shall be reduced to writing and included as part of the ordinance amending the Official Zoning Map.
      3. Applicability of Conditions. Only those conditions that are mutually agreed to by the Board of Commissioners and the applicant shall become binding on the applicant and their successors in interest. Any additionally imposed conditions or modifications to the Concept Plan shall be agreed to by the applicant prior to the adoption of the ordinance amending the Official Zoning Map.
   4. Use and Development Following Approval. All use and development of a property subject to an approved Conditional Zoning District shall be in accordance with the approved conditions and Concept Plan, in addition to the other standards of the UDO not modified by the Conditional Zoning District. The approval of a Conditional Zoning District does not abrogate the requirement to obtain all other development approvals as required by this Ordinance, including Site Plan, Subdivision and Zoning Permit approval.
   5. Modification. An approved Conditional Zoning District may only be modified in accordance with the procedures set forth for its original approval.

1. Purpose. The purpose of this Section is to provide a uniform method for amending the text of the UDO.
2. Authority. The Board of Commissioners may adopt amendments to the text of the UDO only in accordance with the provisions of this Section.
3. Procedures
   1. Preliminary Procedures. The procedures and requirements for submission and review of an application are established in Section 3.1, Common Review Procedures.
   2. Review by Ordinance Administrator. Prior to the submission of the application to the Planning and Zoning Board, the Ordinance Administrator shall review the application and prepare a written staff report, which shall be presented to the Planning and Zoning Board.
   3. Review and Recommendation by Planning and Zoning Board. Following review of the application by the Ordinance Administrator, the application shall be forwarded to the Planning and Zoning Board for its review and recommendation. During the meeting, the Planning and Zoning Board shall consider the application, relevant supporting materials and the staff report. Within forty-five (45) days of its initial consideration of an application, the Planning and Zoning Board shall make a written recommendation to the Board of Commissioners. In making its recommendation, the Planning and Zoning Board shall adopt a written statement in accordance with NCGS 160D-604.
   4. Review and Action by Board of Commissioners. Following the receipt of a recommendation from the Planning and Zoning Board, the Board of Commissioners shall conduct a Public Hearing to review and consider the application, the relevant supporting materials, staff report, recommendation of the Planning and Zoning Board, and the comments made during the hearing. Following the close of the Public Hearing, the Board of Commissioners, shall take one of the following actions:
      1. Approve the amendment as proposed.
      2. Approve a revised amendment that is no more restrictive in scope than proposed in the application.
      3. Remand the application to the Planning and Zoning Board for further consideration.
      4. Deny the proposed amendment.

Regardless of the final decision rendered, the Board of Commissioners shall adopt written statements in accordance with NCGS 160D-605.

1. Purpose. Special Uses are land uses that due to their particular nature require individual review of their location, design, configuration, density or intensity of use and may require the imposition of conditions to ensure the compatibility of the use with the surrounding area.
2. Initiation. The owner of the property for which the Special Use Permit is designated may only initiate application for a Special Use Permit.
3. Procedures
   1. Preliminary Procedures. The preliminary procedures and requirements for submission and review of a Special Use Permit application are established in Section 3.1, Common Review Procedures.
   2. Concept Plan Required. A Concept Plan shall be submitted as part of the application for a Special Use Permit. The Concept Plan shall serve as the basis for all subsequent use of the property and development activity taking place on the property.
   3. Action by Planning and Zoning Board. Following public notification in accordance with 3.1(7) of this Ordinance, the Planning and Zoning Board shall hold a hearing on the application. At the hearing, the Planning and Zoning Board shall consider the application, the relevant supporting materials, the Concept Plan and all other testimony and evidence presented at the quasi-judicial hearing. After the close of the hearing, the Planning and Zoning Board shall, in consideration of the record from the hearing, make findings of fact and either approve, approve with conditions, or deny the application based upon the results of the Board’s findings with regard to the requirements of Subsection 3(d).
   4. Required Findings. In order to approve a proposed Special Use Permit application, the Planning and Zoning Board must make the following affirmative Findings:
      1. That the proposed development and use will not materially endanger the health, safety or general welfare of persons residing or working in the vicinity.
      2. That the proposed use and associated development is in compliance with all applicable standards of the Ordinance.
      3. That the proposed use and associated development is compatible with the character of surrounding property, including but not limited to the scale and intensity of the use, parking requirements, traffic generation and the size and location of buildings.
      4. That the proposed use and associated development is compatible with existing land uses and with uses that are permitted within the zoning districts in the general vicinity of the proposed use.
      5. That the proposed use and associated development is configured in a manner to minimize any potentially adverse impacts on surrounding property.
      6. That the proposed use and associated development will not have a substantial negative impact on the value of adjacent or nearby property.
      7. That the proposed use and associated development is in full compliance with all other relevant Town ordinances, State and Federal laws, and regulations.
   5. Conditions of Approval. In approving a Special Use Permit, the Planning and Zoning Board may impose additional conditions on the permit approval in accordance with NCGS 160D-406. Any additional conditions imposed by the Board must be agreed to in writing by the applicant prior to the granting of the Special Use Permit.
   6. Effect of Approval. The issuance of a Special Use Permit shall authorize only the particular Special 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, associated Concept Plan and conditions (if applicable), and all other relevant standards of the UDO. Nothing in this Subsection shall prevent the establishment of a different permitted use of land, provided such use is established in accordance with the requirements in this Ordinance.
   7. Recordation. When the Planning and Zoning Board approves a Special Use Permit, the Town shall, at the applicant’s expense, record the Special Use Permit in the office of the Register of Deeds of Surry County within thirty (30) days of its issuance. The permit shall be indexed to the property subject to the Special Use Permit, as shall any subsequent revocation of the permit.
   8. 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 and other applicable laws, ordinances and regulations. A Special Use Permit does not ensure that the applicant shall receive subsequent approvals unless the relevant and applicable portions of this Ordinance and other applicable laws, ordinances and regulations are met.
   9. Expiration
      1. General. The Planning and Zoning Board may prescribe a time limit within which the use shall be established, development activity shall begin or be completed under the Special Use Permit, or both. Failure to establish the use, to begin or complete such development activity within the time limit specified shall void the Special Use Permit. Unless specified otherwise by the Planning and Zoning Board, a Special Use Permit shall automatically expire two (2) years from the date of its issuance if:
         1. The use is not established;
         2. Development authorized by the permit has not commenced, and no substantial construction, alteration, demolition, excavation or other similar work required by the permit is completed; or
         3. Development approved by the Special Use Permit is discontinued and not resumed for a period of one (1) year.
      2. Extension. Upon written application submitted at least thirty (30) days prior to the expiration of the permit, and upon a showing of good cause, the Planning and Zoning Board may grant one extension, for a period not to exceed six (6) months. Failure to submit an application for an extension within the time limits established by this Section shall result in the expiration of the Special Use Permit.
   10. Minor Deviation. Minor field alterations or minor revisions to approved Special Use Permits may be approved by the Ordinance Administrator if the Special Use still meets the intent of the standards and any conditions established with the original approval. Minor field alterations and revisions 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 in advance. Any other change shall be considered as an amendment and shall require approval by the Planning and Zoning Board in accordance with Subsection 3(k) below.
   11. Amendment. A Special Use Permit may be amended or modified only in accordance with the procedures and standards established for its original approval.

1. Purpose. The purpose of a Variance is to allow the standards of this Ordinance to be varied when unnecessary hardships would result from carrying out the strict letter of the Ordinance upon a showing by the property owner that the findings required by Subsection 3(c) have been met.
2. Initiation. Application for a Variance may only be initiated by the owner(s) of the property for which the Variance is designated.
3. Procedures
   1. Preliminary Procedures. The preliminary procedures and requirements for submission and review of an application are established in Section 3.1, Common Review Procedures.
   2. Action by Planning and Zoning Board. Following public notification as required by Section 3.1(7) of the UDO, the Planning and Zoning Board shall hold a quasi-judicial hearing on the application. At the hearing, the Planning and Zoning Board shall consider the application, the relevant supporting materials and the evidence and sworn testimony given at the hearing. Following the close of the hearing, the Planning and Zoning Board shall approve, approve with conditions, or deny the application based on the standards in Subsection 3(c), Required Findings.
   3. Required Findings. The Planning and Zoning Board may only grant a Variance after having first made all of the following affirmative findings in accordance with NCGS 160D-705(d):
      1. Unnecessary hardship would result from the strict application of the Ordinance. It shall not be necessary to demonstrate that, in the absence of a Variance, no reasonable use can be made of the property; and
      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; and
      3. The hardship did not result from actions taken by 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 this Ordinance, such that public safety is secured and substantial justice is achieved.
   4. Conditions of Approval. In approving a Variance, the Planning and Zoning Board may impose additional conditions on the Variance, provided that the conditions are reasonably related to the Variance.
   5. Recordation. When the Planning and Zoning Board grants a Variance, the Town shall, at the applicant’s expense, record the written decision on the Variance in the office of the Register of Deeds of Surry County within thirty (30) days of its issuance.
   6. Subsequent Development. Development authorized by the Variance shall not be carried out until the applicant has secured all other permits and approvals as required by this Ordinance and other applicable laws, ordinances and regulations. A Variance does not ensure that the use shall receive subsequent permit approvals unless the relevant and applicable requirements of this Ordinance and other applicable laws, ordinances and regulations are met.

1. Purpose. The purpose of this Section is to establish a procedure for the review of a Concept Plan by the Ordinance Administrator prior to the submittal of an application for the approval of certain amendments and technical plans as set forth in Subsection 2. The intent of the Concept Plan procedure is to allow the Town to consider the general design and configuration of a proposed development for general compliance with the requirements of this Ordinance prior to the preparation of detailed plans.
2. Applicability. Submittal of a Concept Plan shall be required prior to the consideration of a Zoning Map Amendment to a Conditional Zoning District, Site Plan, Architectural Design Plan, Preliminary Subdivision Plat or Special Use Permit.
3. Procedures
   1. Preliminary Procedures. The preliminary procedures for submission and review of a Concept Plan are established in Section 3.1, Common Review Procedures.
   2. Concept Plan – Site Plan or Subdivision Preliminary Plat. In the case of a Concept Plan submitted for review in association with a Site Plan or Preliminary Subdivision Plat, the Ordinance Administrator, with assistance from the TRC, shall review the Concept Plan for compliance with the applicable standards of the Ordinance. Following his review, he shall submit his comments in writing to the applicant, who may then begin the preparation of the Site Plan or Preliminary Subdivision Plat.
   3. Concept Plan – Architectural Design Plan. In the case of a Concept Plan submitted for review in association with an Architectural Design Plan, the Ordinance Administrator shall review the Concept Plan for compliance with the applicable standards set forth in the Ordinance. Following his review, he shall submit his comments in writing to the applicant, who may then begin the preparation of the Architectural Design Plan.
   4. Concept Plan – Conditional Zoning District. In the case of a Concept Plan submitted for a Zoning Map Amendment to a Conditional Zoning District, the Ordinance Administrator, with assistance from the TRC, shall review the Concept Plan for compliance with the applicable standards set forth in this Ordinance along with any conditions proposed by the applicant. Following his review, the Ordinance Administrator shall submit his comments to the applicant who shall have the opportunity to revise the plan prior to its submission for formal review by the Planning and Zoning Board and consideration by the Board of Commissioners.
   5. Concept Plan – Special Use Permit. In the case of a Concept Plan submitted in association with an application for a Special Use Permit, the Ordinance Administrator, with assistance from the TRC, shall review the Concept Plan for compliance with the applicable standards of the Ordinance and submit his findings during the hearing before the Planning and Zoning Board for consideration of the Special Use Permit.

1. 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.
2. Applicability. All development, unless exempted in accordance with Subsection 3, Exemptions, shall be required to have a Site Plan approved in accordance with this Section prior to the issuance of a Zoning Permit.
3. Exemptions. The following development activity shall be exempted from the requirements of this Section:
   1. Internal 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 two-family dwelling on an individual lot;
   3. The construction or placement of an accessory structure associated with a single-family or two-family dwelling; 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.
4. Procedures
   1. Preliminary Procedures. The preliminary procedures and requirements for submission and review of a Site Plan are established in Section 3.1, Common Review Procedures.
   2. Review of Concept Plan. The review of a Concept Plan, in accordance with Section 3.6, shall be required prior to the consideration of a Site Plan.
   3. Review and Approval by Ordinance Administrator. Following the review of a required Concept Plan, the applicant shall prepare a Site Plan. The Ordinance Administrator, with the assistance of the TRC, shall review the Site Plan for conformance with the standards set forth in Subsection 4(d). If the Site Plan is found to be in compliance with Subsection 4(d), the Ordinance Administrator shall approve the plan. If the plan is found to not be in compliance with Subsection 4(d), the Ordinance Administrator shall deny approval of the Site Plan and submit such reasons for denial to the applicant, who shall be given the opportunity to resubmit the Site Plan for a second review. If the Site Plan remains out of compliance following the second review, the Ordinance Administrator shall deny approval of the Site Plan and submit such reasons for denial to the applicant in writing. Subsequent submissions of a Site Plan for review following the second submittal and denial shall require the payment of the fee as prescribed for the initial review of a Site Plan prior to consideration by the Ordinance Administrator.
   4. Site Plan Standards. A Site 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, and that said improvements comply with all relevant standards established by this Ordinance, as well as all other applicable rules, regulations and ordinances of any local, state or federal agency having jurisdiction over an aspect of the proposed development.
   5. Effect of Approval. The approval of a Site Plan allows the applicant to apply for a Zoning Permit to initiate land development activities in accordance with the approved Site Plan.
   6. Expiration. Site Plan approval shall automatically expire at the end of two (2) 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 (1) structure in the proposed development. A change in ownership shall not affect this time limit.
   7. Amendments. A Site Plan may be amended or modified only in accordance with the procedures and standards established for its original approval.

1. Purpose. An Architectural Design Plan is required in order to ensure that all proposed development activity subject to architectural design standards established in this Ordinance complies with said standards prior to the initiation of development activity.
2. Applicability. The requirement for the approval of an Architectural Design Plan shall apply to the construction, reconstruction, expansion or exterior alteration of any building or structure that is subject to architectural design standards as established in Section 9.1 of the UDO.
3. Procedures
   1. Preliminary Procedures. The preliminary procedures and requirements for submission and review of a Site Plan are established in Section 3.1, Common Review Procedures.
   2. Simultaneous Review. Architectural Design Plans shall be reviewed simultaneously with Site Plans in those circumstances where both are required.
   3. Review of Concept Plan. The review of a Concept Plan, in accordance with Section 3.6, shall be required prior to the consideration of an Architectural Design Plan.
   4. Review and Approval by Ordinance Administrator. Following the review of a required Concept Plan, the applicant shall prepare an Architectural Design Plan. The Ordinance Administrator shall review the plan for conformance with the standards set forth in Subsection 3(e). In conducting his review, the Ordinance Administrator may engage the services of a licensed architect or other professional having requisite training or experience in the preparation or review of architectural plans. If the Architectural Design Plan is found to be in compliance with Subsection 3(e), the Ordinance Administrator shall approve the plan. If the plan is found to not be in compliance with Subsection 3(e), the Ordinance Administrator shall deny approval of the Architectural Design Plan and submit such reasons for denial to the applicant, who shall be given the opportunity to resubmit the Architectural Design Plan for a second review. If the Site Plan remains out of compliance following the second review, the Ordinance Administrator shall deny approval of the Site Plan and submit such reasons for denial to the applicant in writing. Subsequent submissions of an Architectural Design Plan for review following the second submittal and denial shall require the payment of the fee as prescribed for the initial review of an Architectural Design Plan prior to its consideration by the Ordinance Administrator.
   5. Architectural Design Plan Standards. An Architectural Design Plan shall only be approved if it is found to be in compliance with the applicable Design Guidelines as established in this Ordinance.
   6. Effect of Approval. The approval of an Architectural Design Plan allows the applicant to apply for a Zoning Permit to initiate land development activities in accordance with the approved Architectural Design Plan.
   7. Expiration. The approval of an Architectural Design Plan shall expire two (2) years following its approval if a Building Permit has not been issued for at least one structure in the proposed development and construction has not begun within one (1) year of the issuance of a Building Permit.
   8. Amendments. An Architectural Design Plan may be amended or modified only in accordance with the procedures and standards established for its original approval. Minor field alterations may be approved at the discretion of the Ordinance Administrator where such minor modifications will not affect the overall appearance of the structure.

1. Purpose. The purpose of this Section is to establish uniform standards for the subdivision of land within the jurisdiction of the Town of Pilot Mountain.
2. Applicability. Unless exempted in accordance with Subsection 3, Exemptions, all divisions of land or other actions that result in the establishment or relocation of property or right-of-way lines shall be subject to these regulations.
3. Exemptions. The following shall be exempt from the requirements of this Section (NCGS 160D-802):
   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 resultant lots are equal to or exceed the standards established in this Ordinance.
   2. The public acquisition or purchase of strips of land for the widening or opening of streets, public transportation system corridors, placement of utilities or establishment of parkland or greenway trails.
   3. The division of land into parcels greater than ten (10) acres in size where no street right-of-way dedication is involved.
   4. The division of a tract in single ownership whose entire area is not greater than two (2) acres into not more than three (3) lots, where no street right-of-way dedication is involved and where the resultant lots are equal to or exceed the standards established in this Ordinance.
   5. The division of a tract into parcels in accordance with the terms of a probated will or in accordance with intestate succession under Chapter 29 of the General Statutes.
   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 on the plat. This certificate must be signed prior to recordation of the exempt subdivision plat with the Surry County Register of Deeds.
4. Classification of Subdivisions. In order to provide for the expedited review of certain non-exempt subdivisions, there shall be three (3) classes of Subdivisions with separate review and approval procedures for each class.
   1. Major Subdivisions. A Subdivision shall be classified as a Major Subdivision whenever any of the following apply:
      1. More than five (5) lots will be created as a result of the Subdivision;
      2. The creation of public street right-of-way is required;
      3. The alteration of an existing street right-of-way is required;
      4. The extension of public water or sewer utilities is required to serve the proposed subdivision and such line extensions require that utility lines be extended a distance of greater than one-hundred (100’) feet, or a pump station is required to be installed to provide sewer service.
   2. Minor Subdivisions. All proposed Subdivisions that are not classified as a Major Subdivision shall be classified as a Minor Subdivision, with the exception of those, which qualify as a Family Subdivision.
   3. Family Subdivisions. The Family Subdivision provision may be utilized where a subdivision that creates five (5) or fewer lots for conveyance to members of the owner’s family (parent, child, sibling, grandparent, grandchild, aunt, uncle, niece or nephew as certified in a notarized document attesting to familial relationship) is proposed. The procedure and standards for Family Subdivisions shall otherwise be the same as a Minor Subdivision, with the exception of the following:
      1. The resultant lots may not be transferred to a person other than a qualifying family member for a period of 5 years following their creation.
      2. The resultant lots may be accessed from a private street with a minimum right-of-way width of 45 feet that provides direct connection to a public street.
5. Major Subdivision Review and Approval Procedures
   1. Preliminary Procedures. The preliminary procedures and requirements for submission and review of a Major Subdivision are established in Section 3.1, Common Review Procedures.
   2. Preliminary Subdivision Plat
      1. General. A Preliminary Plat establishes the layout and design of a proposed Subdivision. Upon the approval of a Preliminary Plat, applicants may prepare Construction Plans for review and approval. Following Construction Plan approval, the developer may install streets, public utilities and other required infrastructure. Following the installation and approval of all required infrastructure, applicants may submit an application for a Final Subdivision Plat. Building Permits for newly created lots may not be issued prior to the approval and recordation of a Final Subdivision Plat.
      2. Review of Concept Plan. The review of a Concept Plan, in accordance with Section 3.6, shall be required prior to the consideration of Preliminary Subdivision Plat.
      3. Preliminary Plat Content Standards. The required contents of a Preliminary Subdivision Plat are established in Appendix D.
      4. Review and Approval by Ordinance Administrator. Following the review of a Concept Plan, the applicant shall prepare a Preliminary Subdivision Plat that reflects the configuration depicted in the finalized Concept Plan along with any other required information. Once the complete application and Preliminary Plat are submitted, the Ordinance Administrator, with the assistance of the TRC, shall review the submitted Preliminary Plat for compliance with the Standards for Approval established in Subsection 5(b)(v). Appeals of the decision of the Ordinance Administrator shall be subject to the standards of NCGS 160D-1403.
      5. Standards for Approval. A Preliminary Subdivision Plat shall only be approved upon finding that the application complies with the standards in Article 7, Subdivision Regulations, all other relevant standards and regulations established by this Ordinance, and all other applicable laws, ordinances 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 as depicted on the approved Preliminary Plat. Approval of a Preliminary Plat allows the developer to proceed with the preparation of Construction Plans for 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 Preliminary Plat is not a personal right, but one that 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 Subdivision Plat may be amended or modified only in accordance with the procedures and standards established for its original approval.
      8. Expiration of Approval
         1. General. Preliminary Subdivision Plat approval shall expire if a Final Subdivision Plat has not been approved within twenty-four (24) months following its approval.
         2. Phased Subdivisions. Preliminary Subdivision Plats may depict a phasing plan that allows for the incremental development of smaller portions of the overall Subdivision. Where phasing is depicted on the approved Preliminary Subdivision Plat, expiration shall occur if Final Subdivision Plat approval is not received for the initial phase of the Subdivision within twenty-four (24) months of Preliminary Subdivision Plat approval, provided that the initial phase of the subdivision contains at least twenty percent (20%) of the number of approved lots in the Subdivision. Subsequent phases, each containing at least twenty percent (20%) of the overall number of approved lots in the Subdivision, shall be required to receive Final Subdivision Plat approval at intervals not to exceed twenty-four (24) months; otherwise expiration of the Preliminary Subdivision Plat will occur.
         3. Resubmittal. Preliminary Subdivision Plats, which have expired, are required to be resubmitted in accordance with the provisions of this Section.
      9. Construction and Inspection of Required Improvements
         1. Approval of Construction Plans. Construction Plans shall be reviewed and approved by the Town Engineer prior to the initiation of development activity or the installation of any required improvements. Construction Plans shall depict the specific improvements to be constructed in sufficient detail as to allow the Town Engineer to verify their compliance with the standard specifications for Town infrastructure. In the case of infrastructure that is required for installation, but which is under the jurisdiction of another entity, the Town Engineer shall certify that plans for such improvements have been approved by the respective entities having jurisdiction over them.
         2. Inspection of 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 developer shall submit a written request for inspection of those improvements. When all required public improvements have been inspected and approved by the Town and/or Performance Guarantees posted in accordance with Subsection 5(c) (Performance Guarantees) below, the developer may apply for Final Subdivision Plat approval.
         3. As-Built Plans Required. The subdivider shall provide as-built plans of all infrastructure to the Town of Pilot Mountain or other agency receiving the installed infrastructure. Plans shall be submitted in both reproducible hard-copy format and ArcGIS compatible shapefile format.
      10. Warranty of Installed Public Improvements and Infrastructure. All public improvements and infrastructure installed in the development of a subdivision shall be guaranteed to be free of defects following the acceptance and approval of such improvements by the town. The developer shall exonerate, save harmless, protect and indemnify the town for a period of three (3) years, beginning on the date of dedication and/or acceptance of the improvements by the Town, against any defects in the equipment and materials used or defects in construction in any and all public improvements or infrastructure. To ensure that sufficient funds are available to correct any defect or deficiency in public improvements or infrastructure, the developer shall post a performance guarantee in the same manner as outlined in Subsection 5(c), Performance Guarantees, below. The required amount of the guarantee shall be determined by the Town Engineer based on the cost of construction of the installed public improvements and infrastructure and the likely cost of repairing or replacing any defects that may be found during the period of warranty.
   3. Performance Guarantees. In lieu of meeting the requirement for the completion, installation, and dedication of any and all public infrastructure improvements prior to Final Subdivision Plat approval, the Town may accept a Performance Guarantee in accordance with the standards in this Subsection.
      1. Form of Performance Guarantee. Where required, the developer shall furnish a performance guarantee in any one of the following forms. Performance guarantees may be either of the following:
         1. Surety Performance Bond(s). The developer shall obtain a performance bond(s) from a surety bonding company authorized to do business in North Carolina, and approved by the Board of Commissioners. Only bonds issued by companies listed on the most recent US Department of the Treasury’s Listing of Approved Sureties (Circular 570) may be accepted by the Town. The bond shall be payable to the Town of Pilot Mountain and shall be in an amount equal to 125% of the entire cost, as estimated by a licensed design professional and verified by the Town Engineer, of installing all required improvements that have not been constructed or approved. The duration of the bond(s) shall be until such time as the improvements are accepted by the Town. Any expenses associated with the verification of the cost of improvements by the Town shall be paid entirely by the developer.
         2. Cash or Equivalent Security. The developer shall deposit cash, an irrevocable letter of credit or other instrument readily convertible into cash at face value, either with the Town (or its authorized agent) 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 cost, as estimated by a licensed design professional and verified by the Town Engineer, of installing all required improvements. Such security shall be held by the Town until such time that the guaranteed improvements are accepted by the Town. Any expenses associated with the verification of the cost of improvements by the Town shall be paid entirely by the developer.
      2. Escrow Guarantee. If cash or other instrument is deposited in escrow with a financial institution, then the developer shall file with the Town of Pilot Mountain an agreement with the financial institution guaranteeing the following:
         1. Immediate Release of Funds. That in case of a failure on the part of the developer 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 such 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; and
         2. 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 developer in any other transaction during the term of the escrow.
      3. Default. Upon failure on the part of the developer 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, pay all or any portion of the bond or escrow fund to the Town of Pilot Mountain up to the amount required to complete the improvements as estimated by the Town Engineer. Upon payment, the Town shall expend such portion of these funds as it deems necessary to complete the remaining required improvements. The Town shall return any funds not expended in completing the improvements to the developer.
      4. Release of Security Guarantee. The Town may release a portion of any security posted after improvements are completed and recommended for approval by the Town Engineer. The Board of Commissioners shall approve or disapprove the improvements within thirty (30) days upon receiving the Ordinance Administrator’s recommendation. When the Board of Commissioners approves the improvements, it shall immediately release the portion of the security posted which covers the cost of the improvements that were approved, as shown in the detailed cost estimate prepared by the Town Engineer.
   4. Final Subdivision Plat
      1. General. The Final Subdivision Plat approval process is used to finalize the approval of subdivisions for which a Preliminary Subdivision Plat was required.
      2. Required Contents of Final Plat. The required contents of a Final Subdivision Plat are established in Appendix D.
      3. Review and Approval Procedures
         1. Preliminary Procedures. The preliminary procedures and requirements for submission and review of a Final Subdivision Plat are established in Section 3.1, Common Review Procedures.
         2. Review and Approval by Ordinance Administrator. Following the submission of a complete application for Final Subdivision Plat Approval, the Ordinance Administrator, with assistance from the TRC, shall review the application. If the Final Subdivision Plat application is found to comply with the standards set forth in Subsection 5(d)(iv), the Ordinance Administrator shall approve the Final Subdivision Plat. Appeals of the decision of the Ordinance Administrator shall be subject to the standards of NCGS 160D-1403.
      4. Standards for Approval. A Final Subdivision Plat shall only be approved if the Ordinance Administrator finds the following:
         1. The Final Subdivision Plat complies fully with the standards in Article 7, Subdivision Regulations;
         2. The Final Subdivision Plat is in substantial conformance with the approved Preliminary Subdivision Plat;
         3. The Final Subdivision Plat indicates the installation and acceptance of all required improvements, or a performance guarantee has been posted with the Town for the installation of such improvements; and
         4. The Final Subdivision Plat contains all required certificates, signed by the appropriate entities.
      5. Certification. No Final Subdivision Plat may be approved or recorded unless all relevant certificates, as identified in Appendix D, have been signed by the appropriate officials.
      6. Recordation. Following approval, the developer shall file the Final Subdivision Plat with the Surry County Register of Deeds, and shall provide proof of recordation to the Ordinance Administrator within thirty (30) days of the date of approval.
6. Minor Subdivision Review and Approval Procedures
   1. Preliminary Procedures. The preliminary procedures and requirements for submission and review of a Minor Subdivision Plat are established in Section 3.1, Common Review Procedures.
   2. Review and Approval by Ordinance Administrator. Following the submission of a complete application for Minor Subdivision approval (including the required information for a Final Plat as shown in Appendix D), the Ordinance Administrator shall review the application. If the Minor Subdivision application is found to comply with the standards set forth in Subsection 6(c), the Ordinance Administrator shall approve the Minor Subdivision Plat. Appeals of the decision of the Ordinance Administrator shall be subject to the standards of NCGS 160D-1403.
   3. Standards for Approval. A Minor Subdivision Plat shall only be approved if the Ordinance Administrator finds the following:
      1. The Minor Subdivision Plat complies fully with the standards in Article 7, Subdivision Regulations; and
      2. The Minor Subdivision Plat contains all required certificates, signed by the appropriate entities.
   4. Certification. No Minor Subdivision Plat may be approved or recorded unless all relevant certificates, as identified in Appendix D, have been signed by the appropriate officials.
   5. Recordation. Following approval, the developer shall file the Minor Subdivision Plat with the Surry County Register of Deeds, and shall provide proof of recordation to the Ordinance Administrator within thirty (30) days of the date of approval.

1. Purpose. A Zoning Permit shall be required in accordance with the provisions of this Section in order to ensure that proposed development and land use activity complies with the standards of this Ordinance, and to otherwise protect the health, safety, and welfare of the residents of the Town.
2. Applicability. The provisions of this Section shall be applicable to all development and other land use activity within the Town’s jurisdiction. No activity subject to regulation by this Ordinance, including any land development, building or construction activity, architectural changes to existing structures subject to design regulations, or the change or expansion of any use of land or buildings may commence prior to the issuance of a Zoning Permit in accordance with this Section.
3. Procedure
   1. Preliminary Procedures. The preliminary procedures and requirements for submission and review of a Zoning Permit application are established in Section 3.1, Common Review Procedures.
   2. Review and Action by Ordinance Administrator. The Ordinance Administrator shall review and approve or deny an application for a Zoning Permit in accordance with the standards in Subsection 3(c) Zoning Permit Standards. If the application is denied, the reasons for denial shall be provided to the applicant in writing.
   3. Zoning Permit Standards. A Zoning 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 Town requirements and applicable conditions of approval if any were imposed as part of a preceding approval for the proposed development.
   4. Expiration. Zoning Permits shall expire if, within six (6) months following the approval of the Zoning Permit, the activity authorized by the permit does not commence or a Building Permit is not issued.

Any person who has standing under NCGS 160D-1402, or the Town, may appeal a decision or interpretation by the Ordinance Administrator. Appeals shall be subject to the provisions of 160D-1402 and other applicable laws.

1. Purpose. The purpose of this Section is to implement the provisions of NCGS 160D-108 for the establishment of a statutory zoning vested right upon the approval of a Site Specific Development Plan.
2. Applicability. A statutory Vested Right shall only be available to a property owner with a legally established and approved Site Specific Development Plan. For the purposes of this Subsection, a Site Specific Development Plan shall include the following:
   1. Development subject to an approved Special Use Permit
   2. Development subject to an approved Preliminary Subdivision Plat
   3. Development subject to an approved Site Plan
3. Procedure
   1. Preliminary Procedures. The preliminary procedures and requirements for submission and review of an application are established in Section 3.1, Common Review Procedures.
   2. Review by Ordinance Administrator. Following the receipt of a complete application for the Establishment of Vested Rights, the Ordinance Administrator shall review the application for compliance with the applicable standards for the Establishment of Vested Rights set forth in this Ordinance and by the NC General Statutes. In his staff report, he shall comment on the eligibility of the application for approval based on those standards and recommend either concurrence with the proposed length of vesting that is requested or recommend an alternate period of vesting based on the type and scope of the project.
   3. Review and Decision by Board of Commissioners. The Board of Commissioners shall hold a public hearing on the application. Following the public hearing, the Board of Commissioners shall consider the application, the relevant supporting materials, staff report and the comments made at the public hearing and shall vote to approve, or deny the application based on the standards in Subsection 3(d), Vested Rights Standards. In the event the application is approved, the Board of Commissioners shall establish the vesting period as described in Subsection 3(e).
   4. Vested Rights Standards. The Board of Commissioners shall only grant a Vested Right in accordance with this Section after making the following findings of fact:
      1. The Site Specific Development Plan was lawfully established and approved in the appropriate manner by the appropriate decision-making body;
      2. The Site Specific Development Plan has not expired;
      3. All required Variances, if any, included as a condition of the approval of a Site Specific Development Plan have been obtained; and
      4. The Site Specific Development Plan provides sufficient information to establish the types and intensity of proposed development with reasonable certainty.
   5. Period of Vesting. In approving the Establishment of Vested Rights, the Board of Commissioners may approve a period of vesting of not less than two (2) and not more than five (5) years, where warranted in light of all relevant circumstances, including, but not limited to, the size and phasing of the proposed development, the level of financial investment, economic cycles, and market conditions.