A.

Responsibility. The director shall have responsibility for administering this LDC, under the authority of the city manager and as prescribed, to delegate, designate and appoint such key departmental staff persons as necessary to carry out such zoning, subdivision, building and enforcement activities of this LDC.

B.

Powers and duties. In administering this LDC, the director shall have the following powers and duties:

1.

To enforce the provisions of the zoning, subdivision regulations and design standards of this LDC;

2.

To receive, file, and forward to the board of adjustment the record for all authorized appeals and actions;

3.

To maintain permanent and current records of this LDC, including but not limited to, zoning maps, amendments, conditional uses, variances, interpretations, appeals and applications therefore and records hearings thereon;

4.

To maintain for distribution to the public a supply of copies of the official zoning map with adopted overlay districts and the compiled text of this LDC; and

5.

To provide such clerical, technical and consultative assistance as may be required by the planning board, board of adjustment, historic preservation commission and other boards, commissions and officials in the exercise of their duties relating to this LDC.

(Ord. No. O-2018-78, § 3, 8-13-18)

Editor's note— Ord. No. O-2018-78, § 3, adopted Aug. 13, 2018, changed the title of § 301 from director of planning and development to director of development services.

A.

Responsibility. The inspection services administrator shall be responsible for issuance of building permits and other matters that reference the building code.

B.

Powers and duties. In administering this LDC, the inspection services administrator shall have the following powers and duties:

1.

To approve all building permits, approve certificates of occupancy and make and maintain records thereof;

2.

To determine the extent of damage or destruction of nonconforming uses and structures.

(Ord. No. O-2005-34b, § 1(Att. A), 5-9-05)

A.

Responsibility. The director of public works shall be responsible for review of subdivision improvements, planned building groups, various site plans, and other engineering related matters of this LDC.

B.

Powers and duties. In administering this LDC, the director of public works shall have the following powers and duties:

1.

To review and approve design conditions and specifications for required subdivision street and public utility or facility improvements;

2.

To review and approve design conditions and specifications for required or needed local, collector, arterial and major arterial street extensions, widening or improvements;

3.

To calculate the amounts of required subdivision financial guarantees;

4.

To determine the sufficiency of improvement guarantees;

5.

To inspect, approve and recommend acceptance of public improvements;

6.

To review any and all plans for stormwater control and flood plain development; and

7.

To review any and all plans for traffic access, ingress and egress.

(Ord. No. O-2021-2, § 4, 1-11-21)

Editor's note— Ord. No. O-2021-2, § 4, adopted Jan. 11, 2021, amended the title of § 303 to read as herein set out. The former § 303 title pertained to director of engineering.

A.

Responsibility. The fire chief shall be responsible for review of subdivision improvements, planned building groups, various site plans, and other related matters of this LDC.

B.

Powers and duties.

1.

To review any and all plans for compliance with regulations;

2.

To monitor CAD address issues working directly with police and fire needs;

3.

To maintain "bank" of pre-approved street names;

4.

To maintain MSAG for city's E911 (master street address guide);

5.

To prepare, deliver, and maintain records of E911 maintenance ledgers;

6.

To prepare, deliver, and maintain records of E911 problem reports;

7.

To perform field survey verifications on all new and changed addresses;

8.

To prepare and provide updated street map information to utilities GIS technician, CAD map, utility billing, and city GIS web master;

9.

To prepare and provide continual updates for fire department senior firefighter street testing program;

10.

To maintain and modify when required fire geo-proximity sectors, ESN (emergency service numbers) boundaries, police beat mapping information, emergency telephone number list;

11.

To perform task requests related to CAD and E911 information from police and fire;

12.

To perform follow up of address assignments assuring adequate notification of customers and adherence of posting requirements of this policy;

13.

To cause to notify the USPS, E911 telephone service provider(s), city, Nash and Edgecombe County Emergency Services, appropriate county tax assessors, elections and school boards, NCDOT, and affected property owners of street name changes;

14.

To coordinate street renaming activities when conflicts in accordance with this Code; and

15.

To coordinate road names and address numbers with adjacent Nash and Edgecombe counties to insure logical transition at city/county boundaries.

A.

Creation. The development review committee (DRC) is established as the technical staff committee for the city and is responsible for the application of this LDC where specified and for the approval or recommendation of land use and development proposals and permits in accordance with the provisions of this LDC.

B.

Appointed membership. The DRC shall consist of official representatives from designated city departments and ex-officio representatives of other agencies listed below:

1.

Department of development services,

2.

Department of public works,

3.

Department of water resources,

4.

Fire department,

5.

Police department,

6.

Public utilities,

7.

Such other city department members as designated by the city manager.

Ex-officio members:

1.

NC DOT, (as applicable),

2.

applicable communications provider,

3.

applicable energy provider, and

4.

applicable cable service provider.

A roster of DRC members will be maintained in the department of development services and available for public review. An alternate may serve in a member's absence and have the same powers and duties as the regular member. The director or the director's designee shall serve as secretary to the DRC and shall be responsible for preparing agendas and reporting results. The director or designee shall have the authority to stamp and sign approved plans. The director or designee shall maintain accurate records of the results of the meeting.

C.

Powers and duties. The DRC shall have the following powers and duties:

1.

Provide review of land use and development proposals (site plans, preliminary plats, final plats, community design review plans, zoning plans etc.) with approval of certain plans and provide recommendations to the planning board for other plans as specified in this LDC.

2.

Monitor existing LDC, adopted plans and development standards and recommend changes in order to improve planning and development within the jurisdiction.

3.

Review revisions to development proposals for approval or recommendation to the planning board.

4.

Recommend installation of street and utility improvements related to development proposals.

5.

Establish a formal meeting schedule for systematic review of plans, permits, site plans, zoning and subdivision matters with the applicants.

(Ord. No. O-2018-78, § 2, 8-13-18; Ord. No. O-2021-2, § 3, 1-11-21)

A.

Creation. The street name review committee (SNRC) is established as the technical staff committee for the city and is responsible for the application of this LDC where specified and for the approval or recommendation of street names in accordance with the provisions of this LDC.

B.

Membership. The SNRC shall consist of official representatives from designated city departments listed below:

1.

Department of development services,

2.

Fire department,

3.

Police department,

4.

Department of public works,

5.

Utilities GIS department,

6.

Life safety emergency management, and

7.

E 9-1-1 coordinator.

A roster of SNRC members will be maintained in the fire department and available for public review. An alternate may serve in a member's absence and have the same powers and duties as the regular member. The fire chief or the designee shall serve as secretary to the SNRC and shall be responsible for reporting results. The fire chief or designee shall maintain accurate records of the results of the committee.

C.

Powers and duties. The SRNC shall have the following powers and duties:

1.

Review and selection of appropriate street names that do not conflict with existing street names by utilizing the guidelines and procedures outlined in the National Emergency Number Association (NENA) publication which are demonstrated in this LDC to the fullest extent possible.

(Ord. No. O-2018-78, § 2, 8-13-18; Ord. No. O-2021-2, § 3, 1-11-21)

A.

Purpose. The provisions of this section are enacted for the purpose of exercising the powers authorized by Article 19 of Chapter 160A of the General Statutes of North Carolina, and any amendments made thereto, and are intended to give the planning board all the powers, duties and authority provided in said Article and amendments thereto.

B.

Appointment of office.

1.

There is hereby created the Rocky Mount Planning Board consisting of nine (9) members. Seven (7) of said members shall be residents of the city and appointed by the city council of the city (the "city members"). One (1) member shall reside in Nash County in the area between the corporate limits of the city and the outer boundary of the extraterritorial area subject to zoning regulation by the city and shall be appointed by the Nash County Board of Commissioners. One (1) member shall reside in Edgecombe County in the area between the corporate limits of the city and the outer boundary of the extraterritorial area subject to zoning regulation of the city and shall be appointed by the Edgecombe County Board of Commissioners.

2.

Members of the planning board shall be actual residents of the respective city or extraterritorial area (except as otherwise provided by the General Statutes of North Carolina) at the time of their appointment to the board and during their tenure of office. Any member moving and no longer residing within their city or county jurisdictional limits during their term of office shall by doing so create a vacancy in the office of the member who has moved.

3.

One (1) city member shall be appointed from each ward of the city and shall be a resident of such ward.

4.

An extraterritorial member shall function only with (i) respect to matters arising within the extraterritorial area such member was appointed to represent and (ii) matters involving the city and the extraterritorial area such member was appointed to represent. The city members shall function with respect to all matters coming before the planning board. Only the city members shall function with respect to matters arising within the corporate limits of the city. The city council and/or respective county commission shall appoint a replacement to fill any unexpired terms.

C.

Term of office. Terms like appointments shall reflect current policy established by North Carolina State Planning Enabling Legislation for all appointees, by the City Council of Rocky Mount for all city appointees, by the Nash County Board of Commissioners for the Nash County appointee and by the Edgecombe County Board of Commissioners for the Edgecombe County appointee. The terms of appointment by the City Council of Rocky Mount, the Nash County Board of Commissioners, and the Edgecombe County Board of Commissioners shall be three (3) years. All terms shall expire on June 30 in the year of expiration.

D.

Qualifications. Members of the planning board shall be actual residents of the city (and the ward they were appointed to represent) or the ETJ (except as otherwise provided by the General Statutes of North Carolina) at the time of their appointment to the board and during their tenure of office. Any city member moving and no longer residing within the boundaries of the ward he or she was appointed to represent, or any county member moving and no longer residing within the ETJ area he or she was appointed to represent during their term of office shall by doing so create a vacancy. Only one (1) city member from each ward shall be eligible to serve on the planning board.

E.

Compensation. The members of the planning board shall serve without pay.

F.

Board rules and procedures. The board shall adopt rules governing its organization and for all proceedings before it. The rules shall not be effective until filed with the office of the city clerk. Such rules shall provide and require the following in addition to such other rules and regulations the board shall adopt:

1.

The board shall elect a chairman and vice-chairman on an annual basis. The members serving as chair and vice-chair may be re-elected in subsequent years.

2.

The director or the director's designee shall serve as the secretary of the board. The secretary shall keep full and accurate minutes of the proceedings of the board so that a person not in attendance would have a reasonable understanding of what transpired. The minutes shall state which members attended and which members were absent, contain the votes of each member, and state which members abstained from voting and the reason for the abstention. The minutes shall be filed with the city clerk and shall be a public record.

3.

The board shall adopt rules in accordance with the provisions of this LDC. Meetings of the board shall be held on the second Tuesday of each month as needed and at such other times as the board may determine. All meetings of the board shall be open to the public.

4.

No action shall be taken by the board unless a quorum is present. A quorum for any matter arising within the corporate limits of the city shall consist of four (4) city members of the board. A quorum for any matter arising within the Nash County extraterritorial area shall consist of five (5) members of the board, not including the Edgecombe County member. A quorum for any matter arising within the Edgecombe County extraterritorial area shall consist of five (5) members of the board, not including the Nash County member. A quorum for any matter involving the area within the corporate limits and both extraterritorial areas shall be five (5) members of the board.

5.

A representative of the director and any other interested party may appear in person, by agent, or by attorney to provide information and offer recommendations with regard to any matter pending before the board.

G.

Powers and duties. The planning board shall have the following powers and duties:

1.

Adoption of comprehensive plan and other plans. The department of development services shall prepare and recommend to the planning board from time to time plans for the systematic development and betterment of the city. The planning board may consider and investigate any subject matter related to the development and betterment of the city, and make recommendations as it may deem advisable concerning the adoption of such plans to the city council, and for any purpose may make, or cause to be made, surveys, maps or plans.

2.

Text amendments. The planning board shall be responsible for reviewing LDC text amendment applications and for recommending that the city council approve or deny such applications.

3.

Zoning map amendments. The planning board shall be responsible for reviewing map amendment (rezoning) applications and for recommending that the city council approve or deny such applications.

4.

Subdivisions. The planning board shall be responsible for approval of land subdivisions in conformance with this LDC.

5.

Variances to subdivisions provisions. The planning board may vary the requirements of Chapter 13 of this LDC where, because of the size of the tract to be subdivided, its topography, the condition or nature of adjoining areas or the existence of other unusual physical conditions, strict compliance with the provisions of Chapter 13 would cause an unusual and unnecessary hardship on the subdivider. In granting variances, the planning board may require such conditions as will secure, insofar as practicable, the objectives and the requirement(s) of this LDC. Any variance thus granted is required to be entered in writing in the minutes of the planning board, and the reasons justifying such variance set forth.

6.

Planned building groups. The board shall review planned building groups and confirm compliance with the requirements of this LDC.

7.

Public improvements. Before any final action shall be taken by the city or any department thereof concerning the location and design of any public building, memorial park, parkway, boulevard, new street, alley or bridge, the proposal, project, or improvement shall be submitted to the planning board for investigation and report to the city council.

8.

Other matters. The planning board shall have such other duties as determined from time-to-time by the city council and as provided by law.

(Ord. No. O-2005-34b, § 1(Att. A), 5-9-05; Ord. No. 0-2005-108, § 1, 12-12-05; Ord. No. O-2018-78, § 2, 8-13-18)

Editor's note— Section 4a of Ord. No. 0-2005-108 provided that subsection 307B.2 is effective upon adoption and until June 30, 2006. Section 4b of said ordinance provided that subsections 307B.3. and 307D. are effective July 1, 2006. The remainder of this section is effective upon adoption.

A.

Purpose. The provisions of this section are enacted for the purpose of exercising the powers authorized by Article 3 of Chapter 160D of the General Statutes of North Carolina, and any amendments made thereto, and are intended to give the board of adjustment all the powers, duties and authority provided in said article and amendments thereto.

B.

Appointment of office.

1.

There is hereby created the Rocky Mount Board of Adjustment consisting of nine (9) members. Seven (7) of said members shall be residents of the city and appointed by the city council of the city (the "city members"). One (1) member shall reside in Nash County in the area between the corporate limits of the city and the outer boundary of the extraterritorial area subject to zoning regulation by the city and shall be appointed by the Nash County Board of Commissioners. One (1) member shall reside in Edgecombe County in the area between the corporate limits of the city and the outer boundary of the extraterritorial area subject to zoning regulation of the city and shall be appointed by the Edgecombe County Board of Commissioners.

2.

Members of the board of adjustment shall be actual residents of the respective city or extraterritorial area (except as otherwise provided by the General Statutes of North Carolina) at the time of their appointment to the board and during their tenure of office. Any member moving and no longer residing within their city or county jurisdictional limits during their term of office shall by doing so create a vacancy in the office of the member who has moved.

3.

One (1) city member shall be appointed from each ward of the city and shall be a resident of such ward.

4.

An extraterritorial member shall function only with (i) respect to matters arising within the extraterritorial area such member was appointed to represent and (ii) matters involving the city and the extraterritorial area such member was appointed to represent. The city members shall function with respect to all matters coming before the board of adjustment. Only the city members shall function with respect to matters arising within the corporate limits of the city. The city council and/or respective county commission shall appoint a replacement to fill any unexpired terms.

5.

The board of adjustment shall also consist of four (4) alternate members. Two (2) alternate members shall be appointed by the city council and shall be residents of the city (the "city alternate members"); and two (2) alternate members, one (1) who resides in the Edgecombe County extraterritorial area (the "Edgecombe Alternate Member") and one (1) who resides in the Nash County extraterritorial area (the "Nash Alternate Member"), shall be appointed by the respective board of county commissioners. Alternate members shall serve as provided herein in the absence or temporary disqualification of a regular member or to fill a vacancy pending appointment of a regular member. A city alternate member shall only serve on behalf of a regular city member. The Edgecombe alternate member shall only serve on behalf of the regular member appointed to represent the Edgecombe County extraterritorial area, and the Nash [County] alternate member shall only serve on behalf of the regular member appointed to represent the Nash County extraterritorial area. An alternate member, while attending any regular or special meeting of the board of adjustment and serving on behalf of a regular member, shall have and may exercise all of the powers and duties of a regular member. The city council and/or respective county board of commissioners shall appoint a replacement to fill any unexpired term.

C.

Term of office. Terms like appointments shall reflect current policy established by North Carolina State Planning Enabling Legislation for all appointees, by the City Council of Rocky Mount for all city appointees, by the Nash County Board of Commissioners for all Nash County appointees and by the Edgecombe County Board of Commissioners for all Edgecombe County appointees. The terms of appointment by the City Council of Rocky Mount, the Nash County Board of Commissioners, and the Edgecombe County Board of Commissioners shall be three (3) years. All terms shall expire on June 30 in the year of expiration.

D.

Qualifications and procedures. The city, as well as Nash and Edgecombe County, may from time to time adopt rules and procedures bearing on their appointments and appointees as deemed necessary. Members of the board of adjustment shall be actual residents of the city (and, except for alternate members, the ward they were appointed to represent) or the ETJ area (except otherwise provided by the General Statutes of North Carolina) at the time of their appointment to the board and during their tenure of office. Any city member moving and no longer residing within the boundaries of the ward he or she was appointed to represent, any city alternate member moving and no longer residing within the corporate limits of the city, or any county member moving and no longer residing within the boundaries of the ETJ area he or she was appointed to represent during their term of office shall by doing so create a vacancy. Only one (1) city member (not including alternate members) from each ward shall be eligible to serve on the board of adjustment.

E.

Compensation. The members of the board of adjustment shall serve without pay.

F.

Board rules and procedures.

1.

The board shall adopt rules governing its organization and for all proceedings before it in accordance with the provisions of this LDC. The rules shall not be effective until filed with the office of the city clerk. Such rules shall provide and require the following in addition to such other rules and regulations the board shall adopt.

2.

The board shall elect a chairman and vice-chairman on an annual basis. The presiding officer shall be a voting member of the board. The members serving as chair and vice-chair may be re-elected in subsequent years.

3.

The director or the director's designee shall serve as the secretary of the board. The secretary shall keep full and accurate minutes of the proceedings of the board so that a person not in attendance would have a reasonable understanding of what transpired. The minutes shall be filed with the city clerk and shall be a public record. The minutes shall state which members attended and which members were absent, contain relevant facts and testimony of each matter coming before the board, the vote of each member on each such matter, and shall state which members abstained from voting and the reason for the abstention.

4.

Meetings of the board shall be held on the first Tuesday of each month as needed and at such other times as the board may determine. The chair or acting chair may administer oaths and compel the attendance of witnesses. All meetings of the board shall be open to the public.

5.

No matters shall be heard or action taken by the board unless a quorum is present. A quorum for any variance shall consist of four-fifths (4/5) of the membership of the board as hereinafter set forth. A quorum for any other matter arising within the corporate limits of the city shall consist of four (4) city members of the board. A quorum for any matter arising within the Nash County extraterritorial area shall consist of five (5) members of the board, not including the Edgecombe County member. A quorum for any matter arising within the Edgecombe County extraterritorial area shall consist of five (5) members of the board, not including the Nash County member. A quorum for any matter involving the area within the corporate limits and both extraterritorial areas shall be six (6) members of the board. Alternate members may be used to constitute a quorum.

6.

Due notice as required by law shall be given to all parties having an interest in any matter heard by the board and to the director. The director shall be permitted to intervene for and on the behalf of the city in all hearings.

7.

A representative of the director and any other interested party may appear in person, by agent, or by attorney to offer evidence and testimony relative to any matter heard by the board.

8.

Fees for filing petitions and appeals to the board of adjustment shall be as set from time to time by the city council.

G.

Powers and duties. The board of adjustment's powers and duties under this LDC are set out below. In exercising its powers and making decisions hereunder the board of adjustment shall make findings of fact based on the evidence presented at the hearing and shall set forth in its minutes the facts required under this LDC and other applicable law to support each decision made. If an appeal, permit, or variance is denied, the board of adjustment shall set forth in its minutes the specific conditions or requirements of this LDC or other applicable law that were not established by the appellant or applicant and the specific facts supporting those findings and conclusions.

1.

Variances to zoning provisions. The board of adjustment shall hear variance requests as provided in section 509 of this LDC.

2.

Variances, adult establishments. The board of adjustment shall hear requests for variances in the separation requirements for adult establishments as provided in section 509.

3.

Variances, watershed protection. The board of adjustment shall hear requests for variances from the watershed protection provisions of chapter 8 of this LDC as provided in section 509.

4.

Variances, flood protection overlay district. The board of adjustment shall hear requests for variances from the flood protection overlay district provisions of chapter 9 of this LDC as provided in section 909.

5.

Special use permits. The board of adjustment shall hear requests for special use permits as provided in section 506.

6.

Appeals of city officials' decisions. The board of adjustment shall hear appeals from any order, requirement, or decision made under this LDC as provided in section 509 and section 510; provided, however notwithstanding the provisions of section 509 and section 510 no vote greater than the number of members of the board of adjustment required to constitute a quorum for the appeal being heard shall be required to reverse any order, decision, or requirement made under this LDC.

(Ord. No. O-2005-34b, § 1(Att. A), 5-9-05; Ord. No. 0-2005-109, § 1, 12-12-05; Ord. No. O-2017-95, § 2, 11-13-17; Ord. No. O-2021-43, § 4, 6-14-21)

Editor's note— Section 4a of Ord. No. 0-2005-109 provided that subsection 308B.2 is effective upon adoption and until June 30, 2006. Section 4b of said ordinance provided that subsections 308B.3. and 308D. are effective July 1, 2006. The remainder of this section is effective upon adoption.

A.

Creation; membership. There is hereby established a Rocky Mount Historic Preservation Commission ("commission") under the authority of the North Carolina General Statutes. The commission shall consist of nine (9) members appointed by the mayor and city council. The city council may appoint ex-officio members who shall not have a right to vote. All voting members shall reside within the planning and zoning jurisdiction of Rocky Mount. A majority of the members of the commission shall have demonstrated special interest, experience, or education in history, architecture, archaeology, or related fields. The commission shall serve without compensation. The commission may appoint advisory bodies and committees as appropriate. Members of the commission shall serve terms of four (4) years. Terms shall be staggered. A member may be reappointed for successive consecutive terms.

B.

Meetings; procedures. The commission shall establish a meeting time, and shall meet at least quarterly and more often as it shall determine and require. All meetings shall conform to the North Carolina Open Meetings Law. Prior to any official action the commission shall adopt and publish rules of procedure governing its meetings, attendance, the conduct of official business, the election of officers and related matters. The commission shall also prepare and adopt standards and guidelines for altering, restoring, moving, or demolishing properties designated as landmarks or located within historic districts. The commission shall keep permanent minutes of all its meetings. The minutes shall record attendance of its members, its resolutions, findings, recommendations, and actions. A copy of the minutes of all meetings shall be furnished to the city council.

C.

Powers and duties. The commission is authorized and empowered to undertake such actions reasonably necessary to the discharge and conduct of its duties and responsibilities as outlined in this division and the General Statutes of the State of North Carolina, including but not limited to the following:

1.

Undertake an inventory of properties of historical, archeological, architectural and/or cultural significance.

2.

Recommend to the city council areas to be designated by LDC as "historic districts" and individual structures, buildings, sites, areas or objects to be designated by LDC as "local historic landmarks."

3.

Recommend to the city council that designation of any area as a historic district, or part thereof, or designation of any building, structure, site, area or object as a landmark, be revoked or removed for cause.

4.

Review and act upon proposals for alterations, demolition or new construction within historic districts or for the alteration or demolition of designated landmarks. The historic preservation commission shall be responsible for final action on any certificate of appropriateness.

5.

Conduct an educational program with respect to historic districts and landmarks within its jurisdiction.

6.

Cooperate with the state, federal and local government in pursuance of the purposes of this division; to offer or request assistance, aid, guidance or advice concerning matters under its purview or of mutual interest. The city council, or the commission when authorized by the city council, may contract with the state or the United States, or any agency of either, or with any other organization provided the terms are not inconsistent with state or federal law.

7.

Enter, solely in performance of its official duties and only at reasonable times, upon private lands for examination or survey thereof. However, no member, employee or agent of the commission may enter any private building or structure without express consent of the owner or occupant thereof.

8.

Prepare and recommend the official adoption of a preservation element as part of the city's comprehensive plan.

9.

Acquire by any lawful means (not to include eminent domain) the fee or any lesser included interest, including options to purchase, to properties within established districts or to any such properties designated as landmarks, to hold, manage, preserve, restore and improve the same, and to exchange or dispose of the property by public or private sale, lease or otherwise, subject to covenants or other legally binding restrictions which will secure appropriate rights of public access and promote the preservation of the property.

10.

Restore, preserve and operate historic properties, subject to appropriation of funds by the city council.

11.

Negotiate at any time with the owner of a building, structure, site, area or object for its acquisition or its preservation, when such action is reasonably necessary or appropriate.

D.

Administrator. The city manager, or designee, will be the administrator of the commission and of this section.

(Ord. No. O-2021-43, § 4, 6-14-21)

A.

Jurisdiction. For the purpose of promoting the orderly growth, expansion and development of the City and the surrounding territory hereinafter defined, and for the purpose of promoting the health, safety, morals, economy and general welfare of the citizens of such area, the city council is hereby authorized to exercise any planning, subdivision, zoning and building regulation powers (including plumbing, heating, or electrical regulation powers) now or hereafter conferred upon the city and vested in the city council by this LDC, the General Statutes of North Carolina, or any other statute applicable to the city, not only within the corporate limits of the city but also within the territory beyond the corporate limits, as now or hereafter fixed, for a distance not to exceed three (3) miles in all direction's. Such powers may be exercised to the same extent and according to the same procedures as are applicable to the exercise of planning, zoning, subdivision, or building regulation powers (including plumbing, heating, air conditioning or electrical regulation powers) within the corporate limits of the city; but any LDC intended to have application beyond the corporate limits of the city shall so provide. Such powers shall include the power to adopt such LDC and regulations as may be considered necessary or expedient by the city council to regulate, control and restrict, but are not limited to items such as:

1.

The height, number of stories, and size of buildings and other structures;

2.

The percentage of a lot that may be occupied;

3.

The size of yards, courts and other open spaces;

4.

The density of population;

5.

The location and use of buildings, structures, and land for trade, industry, residences or other purposes;

6.

The construction of buildings, including plumbing, heating and air conditioning and electrical installations; and

7.

The names of streets (the city may, but need not, provide street name signs in the area).

In order to enforce properly the provisions of any land development or building regulation, the city council may require by this LDC that prior to the beginning of any construction, reconstruction or alteration of any building or structure, or the installation of any plumbing, heating, air conditioning or electrical installations within said area, that a permit or permits be obtained therefore from the inspection services administrator of the city. All permits, plans, inspections and fees that are specified in the city administrative policy manual will apply to such area within corporate limits and ETJ. The powers herein granted to the city council are intended to be supplementary to any powers now or hereafter conferred upon it. The exercise of powers herein granted shall be within the discussion of the city council. This Section shall have no effect upon any existing city LDC. The adoption of any LDC under authority of this section shall have no effect upon any litigation pending at the time of adoption of such LDC.

B.

Responsibility. The city council shall be responsible for final action regarding the text of this Land Development Code, and the official zoning map.

C.

Powers and duties. The city council powers and duties under this LDC are set out below.

1.

Text amendments. The city council shall be responsible for reviewing LDC text amendment applications and for taking the final local action to approve or deny such applications.

2.

Map amendments. The city council shall be responsible for reviewing map amendment (rezoning) applications and for taking the final local action to approve, approve with conditions or deny such applications.

3.

Joint meetings. On request of the city council, the council may attend a joint hearing of the city council and the planning board to discuss development matters or cases pending before the council.

4.

Changes and amendments affecting watershed protection provisions. No amendments, supplements or changes which would cause any provision of this LDC to violate the watershed protection rules adopted by the North Carolina Environmental Management Commission shall be adopted by the city. All amendments to this LDC relating to public water supply watershed protection shall be filed with the North Carolina Department of Environmental and Natural Resources (NC-DENR).

5.

Special use permits. The city council shall be responsible for approving certain special use permits as provided in section 506.

(Ord. No. 0-2006-1, §§ 2a, 2b, 1-9-06)

A.

Applicability. The director or the director's designee shall have authority to make all written interpretations concerning the provisions of this LDC and the official zoning map.

B.

Application. A request for interpretation shall be submitted to the director on forms established by the director and made available to the public.

C.

Review and action by director of development services. Within ten (10) business days after a request for interpretation has been submitted, the director or the director's designee shall: (1) review and evaluate the request in light of the text of this LDC, the official zoning map, the comprehensive plan and any other relevant information; (2) consult with other staff, as necessary; and (3) render an opinion. The interpretation shall be provided to the applicant in writing by mail.

D.

Official record. The director shall maintain an official record of interpretations. The record of interpretations shall be available for public inspection during normal business hours.

E.

Appeal.

1.

Appeals of written interpretations made by the director shall be taken to the board of adjustment, in accordance with the procedures in section 308.

2.

In considering such an appeal, the board of adjustment shall review the interpretation and public testimony in light of the comprehensive plan, the LDC and the official zoning map, and any other land use policies adopted by the planning board or city council, whichever are applicable. The board of adjustment shall modify or reject the interpretation only if it is not supported by substantial competent evidence or if the interpretation is contrary to the comprehensive plan, this LDC or the official zoning map.

(Ord. No. O-2018-78, § 3, 8-13-18; Ord. No. O-2021-43, § 4, 6-14-21)

A.

Authority to file applications. An application for development review or approval under this LDC must be filed by the person having legal authority to act in accordance with the approval sought. Unless otherwise expressly stated, that person is presumed to be the record owner, purchaser under contract from the record owner with signature from that owner, or the duly authorized agent of the record owner in the absence of satisfactory proof to the contrary. City officials are authorized to require proof of legal authority to take the action sought. The city council, planning board, board of adjustment, historic preservation commission, city manager and city department heads may initiate any action to carry out their duties, purposes, and responsibilities for implementing public policy under this LDC, with or without an application from the property owner, on behalf of the city.

B.

Where to file applications, form of application. Applications required under this chapter shall be submitted to the department of development services, and must be submitted on forms and in such numbers as required by the director.

C.

Application fee. Applications must be accompanied by the non-refundable fee established and amended from time-to-time by city council. Fees shall not be required for applications initiated by the city council, planning board, historic preservation commission, board of adjustment, city manager or city department heads.

D.

Complete applications. Applications that do not include all required information or that are not accompanied by required fees will not be accepted, and no further processing of the application will occur until the deficiencies are corrected. If the official designated to receive the application determines it is incomplete, the application will be held from processing and the applicant provided with an explanation of the application's deficiencies pending resubmission of cured deficiencies. Applications will be reviewed for completeness within five (5) business days of filing.

E.

Application processing cycles. Prior to plan submittal (general plans (II and III), planned building groups, preliminary and construction plats—major subdivisions) a preliminary meeting between the applicants shall be conducted with the DRC. The director or director's designee may waive the preliminary meeting if the applicant is unable to make appropriate accommodations to schedule a preliminary meeting. All initial applications for review by the DRC shall be submitted to the city no later than 12:00 p.m. on Tuesday to be eligible for review at the following Wednesday DRC meeting.

All supplemental reviews shall be submitted to the city no later than 12:00 p.m. on Tuesday in order to be eligible for review at the following Wednesday DRC meeting.

Planned building groups and construction/preliminary plats must obtain DRC approval a minimum of ten (10) calendar days prior to the planning board meeting to be placed on the planning board agenda. Plans may be recommended by the DRC to planning board with conditions. Processes or permits that are regulated by state or federal agencies will not be considered as part of the required approval for planning board review; however, no final administrative approvals shall be granted, nor will any building permits be issued until such time these approvals have also been obtained. Process review deadlines are as follows:

1.

General (II and III) and planned building group plan review—Initial submittal 12:00 p.m. Tuesday for review the following Wednesday. All supplemental reviews - 12:00 p.m. Tuesday for review the following Wednesday. Plans in this category must obtain DRC approval ten (10) calendar days prior to the planning board meeting. The DRC may forward plans to the planning board with minor outstanding comments.

2.

Minor plats—Initial submittal 12:00 p.m. Tuesday for review the following Wednesday. All supplemental reviews - 12:00 p.m. Tuesday for review the following Wednesday.

3.

Preliminary plat and construction plats (major subdivision)—Initial submittal 12:00 p.m. Tuesday for review the next Wednesday. All supplemental reviews - 12:00 p.m. Tuesday for review the following Wednesday. Plats in this category must obtain DRC approval ten (10) calendar days prior to the planning board meeting. The DRC may forward plats to the planning board with minor outstanding comments.

4.

General plan I and exempt plats—Initial submittal 12:00 p.m. Tuesday for review the following Wednesday. All supplemental reviews - 12:00 p.m. Tuesday for review the following Wednesday.

5.

Final plats shall be recorded within forty-eight (48) hours of the effective date of the final plat, excluding weekends and legal holidays.

F.

Content of notice. All written and published notices required under this LDC must:

1.

Indicate the time and place of all scheduled public hearings;

2.

Describe the property involved in the application by street address, if it has been assigned, and tax parcel identification number, or legal description;

3.

Describe the nature, scope, and purpose of the proposal; and

4.

Indicate the location and source of additional information on the proposal.

G.

Written notice. Unless otherwise expressly stated, when the provisions of this LDC require that written notice be provided, the official responsible for accepting the application shall provide written notice by first class mail to:

1.

All owners of the subject property;

2.

All property owners within two hundred fifty (250) feet of the subject property;

3.

Listed representative for established City of Rocky Mount neighborhood associations (if applicable);

4.

Listed representative for homeowners' associations registered with the department of development services (if applicable); and

5.

Additional property owners and/or tenants that may be potentially impacted at the discretion of the director of development services, or their designee.

The notice shall be deposited in the U.S. mail at least ten (10) days, but not more than twenty-five (25) days, before the first scheduled public hearing.

H.

Published notice. When the provisions of this LDC require that notice be published in the newspaper, the official shall ensure that notice is published in a newspaper of general circulation within the city at least ten (10) days, but not more than twenty-five (25) days, before the date of the first scheduled public hearing.

I.

Posted notice. When the provisions of this LDC require that notice be posted on the subject property, notice of public hearing shall be given by a sign or signs, as may be required, placed on the site that is the subject of the hearing or on an adjacent street or highway right-of-way. Such sign (or signs) and the lettering thereon shall be of sufficient size as to be clearly visible and legible from the street toward which it faces. Signs shall be placed on the affected property at least ten (10) days, but not more than twenty-five (25) days, before the date of the public hearing.

J.

Constructive notice. Minor technical deviation from specified notice requirements shall not be deemed to impair notice where there is actual notice. When required written notices have been properly addressed and deposited in the mail, failure of a party to receive such notice shall not invalidate any subsequent action. In all cases, however, the requirements for the timing of the notice and for specifying the time, date and place of a hearing and the general location of the subject property shall be strictly construed. If questions arise at the hearing regarding the adequacy of notice, the body hearing the matter shall make a finding regarding whether there was compliance with the notice requirements of this chapter.

K.

Summary of procedures requiring notice.

Table 3-1. Notice Summary

BA = Board of Adjustment PB = Planning Board HP = Historic Commission CC = City Council

L.

Action by review and decision-making bodies based on notice.

1.

The city boards and commissions may recommend and the city council may enact any action on an application that is consistent with the notice given, including, but not limited to, approving the application, approving the application with permitted conditions or denying the application.

2.

They may recommend and the city council may enact any permitted conditions on the application or allow amendments to the application if the effect of the conditions or amendments are to allow a less intensive use or zoning district than indicated in the application or to reduce the impact of the development or to reduce the amount of land area included in the application.

3.

The planning board may not recommend and the city council may not approve a zoning application for a greater density of development, a more intensive use, a more intensive zoning district, reduced setbacks, more dwelling units, greater height, more access points or fewer improvements than indicated in the notice.

4.

The planning board may recommend and the city council may approve an application to a lower density of development, increased setbacks, less dwelling units, less height, less access points or more improvements than indicated in the notice.

M.

Continuation of public hearings. A public hearing for which proper notice was given may be continued to a later date without again complying with the notice requirements, provided that the continuance is set for a date and time certain and announced at the original public hearing. If the public hearing is canceled for lack of a quorum or any other reason, notice of the continuance shall be posted at the place of the original public hearing.

N.

Summary of review procedures. The following table provides a summary of the review processes and role of boards, commissions, council and staff:

Table 3-2. Review Summary

Table Key

* = Final Approval
** = Review and Recommendation
*** = Board/Commission/Council Final Approval
X = Appeal
SEC = Section Reference
DRC = Development Review Committee
BOA = Board of Adjustment
PB = Planning Board
HPC = Historic Preservation Commission
CM = City Manager
CC = City Council
SC = Superior Court

(Ord. No. O-2005-34b, § 1(Att. A), 5-9-05; Ord. No. O-2006-28, § 3a, 4-24-06; Ord. No. O-2006-28, § 3a.—c., 4-24-06; Ord. No. O-2012-18, § 1, 4-9-12; Ord. No. O-2017-95, §§ 3, 4, 11-13-17; Ord. No. O-2018-78, § 2, 8-13-18; Ord. No. O-22-64, § 2, 9-26-22)