(A)   (1)    Subject hereto, no person shall commence or proceed with development without first securing approval from the town as herein provided.

      (2)   Zoning permits, special use permits and sign permits are issued in writing under this chapter in respect to plans submitted by the applicant that demonstrate compliance with the ordinance provisions contained herein. Such plans as are finally approved are incorporated into any permit issued in reliance thereon, and, except as otherwise provided in § 153.356, all development shall occur strictly in accordance with such approved plans.

      (3)   A zoning permit, special use permit or sign permit shall be issued in the name of the applicant (as defined in § 153.341), and shall identify the property involved and the proposed use, shall incorporate by reference the plans submitted and shall contain any special conditions or requirements lawfully imposed by the permit-issuing authority.

   (B)   Issuance of a special use or zoning permit authorizes the recipient to commence the activity resulting in a change in use of the land, or (subject to obtaining a building permit) to commence work designed to construct, erect, move or substantially alter buildings or other substantial structures, or to undertake activities not specifically prescribed by ordinance, but which are deemed to reflect the intent of the ordinance. However, except as provided in §§ 153.346, 153.352 and 153.353, the intended use may not be commenced, no building may be occupied, and no activities not specifically prescribed by ordinance may be undertaken until all of the requirements of this chapter and/or all additional requirements imposed pursuant to the issuance of a special use permit have been complied with.

   (C)   An approval made pursuant to this chapter attaches to and runs with the land.

(Ord. passed 4-9-2013; Ord. 2021-03, passed 6-8-2021)

   (A)   (1)    Permit applications will be accepted only from the landowner, a lessee or person holding an option to purchase or contract to purchase the land or an authorized agent of the landowner. An easement holder may also apply for development approval for such development as is authorized by the easement.

   (B)   The town may require an applicant to submit evidence of his or her authority to submit the application in accordance with division (A) above whenever there appears to be a reasonable basis for questioning this authority.

(Ord. passed 4-9-2013; Ord. 2021-03, passed 6-8-2021)

   (A)    All applications for zoning, special use, or sign permits must be completed before the permit-issuing authority is required to consider the application.

   (B)   Subject to division (C) below, an application is complete when it contains all of the information that is necessary for the permit-issuing authority to decide whether or not the development, if completed as proposed, will comply with all of the requirements of this chapter.

   (C)   In this chapter, detailed or technical design requirements and construction specifications relating to various types of improvements (streets, sidewalks and the like) are set forth in one or more of the appendices to this chapter. It may not be necessary that the application contain the type of detailed construction drawings that would be necessary to determine compliance with these appendices, so long as the plans provide sufficient information to allow the permit-issuing authority to evaluate the application in the light of the substantive requirements set forth in this text. However, whenever the permit- issuing authority under this chapter requires a certain element of a development to be constructed in accordance with the detail requirements set forth in one or more of these appendices, then no construction work on such element may be commenced until detailed construction drawings shall have been submitted to and approved by the Zoning Administrator and/or the Chief Building Inspector or his or her designee. Failure to observe this requirement may result in permit revocation, denial of final subdivision plat approval or other penalty as provided in §§ 153.415 through 153.420.

   (D)   The presumption established by this chapter is that all of the information set forth in this chapter is necessary to satisfy the requirements of this section. However, it is recognized that each development is unique, and therefore the permit-issuing authority may allow less information or require more information to be submitted according to the needs of the particular case. For applications submitted to the Board of Aldermen or Board of Adjustment, the applicant may rely in the first instance on the recommendations of the Zoning Administrator as to whether more or less information than that set forth in this chapter should be submitted.

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

(Ord. passed 4-9-2013; Ord. 2021-03, passed 6-8-2021)

   (A)    To minimize development planning costs, avoid misunderstanding or misinterpretation, and ensure compliance with the requirements of this chapter, pre-application consultation between the developer and the planning staff is encouraged or required as provided in this section.

   (B)   Before submitting an application for a special use permit authorizing a development that consists of or contains a major subdivision, the developer shall consult with the planning staff.

   (C)   Before submitting an application for any other permit, developers are strongly encouraged to consult with the planning staff concerning the application of this chapter to the proposed development.

(Ord. passed 4-9-2013; Ord. 2021-03, passed 6-8-2021)

   (A)    Upon receipt of a formal application for a zoning, special use permit, or minor plat approval, the Zoning Administrator shall review the application and confer with the applicant to ensure that he or she understands the planning staff's interpretation of the applicable provisions of this chapter, that he or she has submitted all of the information that he or she intends to submit, and that the application represents what he or she proposes to do.

   (B)   If the application is for a special use permit, the Zoning Administrator shall place the application on the agenda of the appropriate board after the applicant indicates that the application is as complete as he or she intends to make it. If the Zoning Administrator believes that the application is incomplete, he or she shall recommend to the appropriate board that the application be denied on that basis.

(Ord. passed 4-9-2013; Ord. 2021-03, passed 6-8-2021)

   (A)    A complete application form for a zoning permit shall be submitted to the Zoning Administrator by filing a copy of the application with the Zoning Administrator in the Planning and Inspections Department.

   (B)   The Zoning Administrator shall issue the zoning permit unless he or she finds, after reviewing the application, that:

      (1)   The requested permit is not within his or her jurisdiction according to the table of permissible uses;

      (2)   The application is incomplete; or

      (3)   If completed as proposed in the application, the development will not comply with one or more requirements of this chapter (not including those requirements imposed when a variance has been granted or those the applicant is not required to comply with under the circumstances specified in §§ 153.030 through 153.038).

(Ord. passed 4-9-2013; Ord. 2021-03, passed 6-8-2021)

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

(Ord. passed 4-9-2013; Ord. 2021-03, passed 6-8-2021)

   (A)   An application for a special use permit shall be submitted to the Board of Aldermen by filing a copy of the application with the Zoning Administrator in the Planning and Inspections Department.

   (B)   The Board of Aldermen shall conduct an evidentiary hearing on the application using the quasi-judicial procedures set forth in this chapter.

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

   (D)   Subject to division (E) below, the Board of Aldermen shall issue the special use permit upon finding that:

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

      (2)   The application is complete;

      (3)   If completed as proposed in the application, the development will comply with all of the requirements of this chapter;

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

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

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

   (E)   The Board shall then grant a special use permit with the concurring vote of three-fifths of the members if all of the requirements of division (D) above have been met; and shall deny the permit if any of the requirements of division (D) above have not been met.

(Ord. passed 4-9-2013; Ord. 2021-03, passed 6-8-2021; Am. Ord. 2024-01, passed 2-20-2024)

   (A)   When presented to the Board of Aldermen at the hearing, the application for a special use permit shall be accompanied by a report setting forth the planning staff's proposed findings concerning the application's compliance with § 153.342 and the other requirements of this chapter, as well as any staff recommendations for additional requirements to be imposed by the Board of Aldermen.

   (B)   If the staff proposes a finding or conclusion that the application fails to comply with § 153.342 of this chapter or any other requirement of this chapter, it shall identify the requirement in question and specifically state supporting reasons for the proposed findings or conclusions.

(Ord. passed 4-9-2013; Ord. 2021-03, passed 6-8-2021)

   (A)   If a development is constructed in phases or stages in accordance with this section, then, subject to division (C) below, the provisions of §§ 153.340 and 153.352 (exceptions to § 153.340) shall apply to each phase as if it were the entire development.

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

   (C)   If a development that is to be built in phases or stages includes improvements that are designed to relate to, benefit or be used by the entire development (such as a swimming pool or tennis courts in a residential development) then, as part of his application for development approval, the developer shall submit a proposed schedule for completion of such improvements. The schedule shall relate completion of such improvements to completion of one or more phases or stages of the entire development. Once a schedule has been approved and made part of the permit by the permit-issuing authority, no land may be used, no buildings may be occupied and no subdivision lots may be sold, except in accordance with the schedule approved as part of the permit; provided that, if the improvement is one required by this chapter, then the developer may utilize provisions of § 153.352(A) or (B).

(Ord. passed 4-9-2013; Ord. 2021-03, passed 6-8-2021)

   (A)   A permit issued pursuant to this chapter shall expire two years after the date of issuance if the work authorized by the permit has not been substantially commenced. If after commencement the work or activity allowed under a permit is discontinued for a period of 12 months after commencement, the permit shall immediately expire.

   (B)   (1)   The permit-issuing authority may extend for a period up to six months the date when a permit would otherwise expire pursuant to divisions (A) or (B) above if it concludes that:

         (a)   The permit has not yet expired;

         (b)   The permit recipient has proceeded with due diligence and in good faith; and

         (c)   Conditions have not changed so substantially as to warrant a new application.

      (2)   Successive extensions may be granted for periods up to six months upon the same findings. All such extensions may be granted without resort to the formal processes and fees required for a new permit.

   (C)   For purposes of this section, the permit within the jurisdiction of the Board of Aldermen or the Board of Adjustment is issued when such Board votes to approve the application and issue the permit. A permit within the jurisdiction of the Zoning Administrator is issued when a copy of the fully executed permit is delivered to the permit recipient, and delivery is accomplished when the permit is hand delivered or mailed to the permit applicant.

(Ord. passed 4-9-2013; Ord. 2021-03, passed 6-8-2021)

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

   (C)   All other requests for changes in approved plans will be processed as new applications. If such requests are required to be acted upon by the Board of Aldermen or Board of Adjustment, new conditions may be imposed in accordance with § 153.351, but the applicant retains the right to reject such additional conditions by withdrawing his or her request for an amendment and may then proceed in accordance with the previously issued permit.

   (D)   The Zoning Administrator shall determine whether amendments to and modifications of permits fall within the categories set forth above in divisions (A), (B) and (C) above.

   (E)   A developer requesting approval of changes shall submit a written request for such approval to the Zoning Administrator, and that request shall identify the changes. Approval of all changes must be given in writing.

(Ord. passed 4-9-2013; Ord. 2021-03, passed 6-8-2021)

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

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

      (2)   New information is available that could not with reasonable diligence have been presented at a previous hearing. A request to be heard on this basis must be filed with the Zoning Administrator within the time period for an appeal to superior court (see § 153.420). However, such a request does not extend the period within which an appeal must be taken;

      (3)   The Board erred in its decision-making due to a misinterpretation of the submitted evidence.

   (B)   Notwithstanding division (A) above, the Board of Aldermen or Board of Adjustment may at any time consider a new application affecting the same property as an application previously denied. A new application is one that differs in some substantial way from the one previously considered.

(Ord. passed 4-9-2013; Ord. 2021-03, passed 6-8-2021)

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

(Ord. passed 4-9-2013; Ord. 2021-03, passed 6-8-2021)

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

(Ord. passed 4-9-2013; Ord. 2021-03, passed 6-8-2021)

      (1)   Amendments in land development regulations are not applicable or enforceable without the written consent of the owner with regard to any of the following:

         (a)   Buildings or uses of buildings or land for which a development permit application has been submitted and subsequently issued in accordance with G.S. § 143-755.

         (b)   Subdivisions of land for which a development permit application authorizing the subdivision has been submitted and subsequently issued in accordance with G.S. § 143-755.

         (c)   A site-specific vesting plan.

         (d)   A multi-phased development.

      (2)   A vested right established by the terms of a development agreement authorized by G.S. Ch. 160D, Art. 10.

      (3)   The establishment of a vested right under any subdivision of this section does not preclude vesting under one or more other subdivisions of this Subsection or vesting by application of common law principles. A vested right, once established as provided for in this section or by common law, precludes any action by the town that would change, alter, impair, prevent, diminish, or otherwise delay the development or use of the property allowed by the applicable land development regulation or regulations, except where a change in state or federal law mandating town enforcement occurs after the development application is submitted that has a fundamental and retroactive effect on the development or use.

      (1)   Upon issuance of a development permit, the statutory vesting granted by this section for a development project is effective upon filing of the application in accordance with G.S. § 143-755, for so long as the permit remains valid pursuant to law. Unless otherwise specified by this section or other statute, local development permits expire one year after issuance unless work authorized by the permit has substantially commenced. For the purposes of this section, a permit is issued either in the ordinary course of business of the town or by the applicable governmental agency as a court directive.

      (2)   Except where a longer vesting period is provided by statute or this chapter, the statutory vesting granted by this section, once established, expires for an uncompleted development project if development work is intentionally and voluntarily discontinued for a period of not less than 24 consecutive months, and the statutory vesting period granted by this section for a nonconforming use of property expires if the use is intentionally and voluntarily discontinued for a period of not less than 24 consecutive months. The 24-month discontinuance period is automatically tolled during the pendency of any Planning and Adjustment Board proceeding or civil action in a state or federal trial or appellate court regarding the validity of a development permit, the use of the property, or the existence of the statutory vesting period granted by this section. The 24-month discontinuance period is also tolled during the pendency of any litigation involving the development project or property that is the subject of the vesting.

         (a)   Submitted for development permit approval to occur in more than one phase.

         (b)   Subject to a master development plan with committed elements showing the type and intensity of use of each phase.

(Ord. passed 4-9-2013; Ord. 2021-03, passed 6-8-2021)