(A)

No person shall undertake any development activity subject to this ordinance except in accordance with and pursuant to one of the following permits:

(1)

A zoning permit or sign permit issued by the UDO administrator;

(2)

A special use permit 2 issued by the board of adjustment;

(3)

A special use permit 1 issued by the city council;

(4)

An erosion control permit issued by the Land Quality Section, Division of Land Resources, North Carolina Department of Environment and Natural Resources.

(B)

Zoning permits, sign permits, and special use permits 1 and 2 are issued under this ordinance only when a review of the application submitted, including the site plans contained therein, indicates that the development will comply with the provisions of this ordinance if completed as proposed. Such plans and applications as are finally approved are incorporated into any permit issued, and except as otherwise provided herein, all development shall occur strictly in accordance with such approved plans and applications.

(C)

Physical improvements to land to be subdivided may not be commenced except in accordance with a major subdivision plat approved pursuant to section 15-3 or a minor subdivision plat approved pursuant to section 15-2.

(Ord. No. 1-2006, § 1, 1-9-2006; Ord. No. 68-2024, Exh. A, 12-2-2024)

4-2.1.

Zoning permit exemptions. The following are exempt from zoning permit requirements:

(A)

Accessory buildings with any building dimension that does not exceed 12 feet and which do not exceed one story in height;

(B)

Facilities (other than buildings) of a public utility or an electric or telephone membership corporation; and

(C)

Farm buildings except for buildings on a bona fide farm used for nonfarm purposes and buildings used for intensive livestock operations.

4-2.2.

Sign permit exemptions. No sign permit shall be required for signs specifically exempted by section 12-1.3.

4-3.1.

General requirements.

(A)

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

(B)

Form of submission. An application for any permit under this ordinance shall be submitted in such form, number of copies and format as required by Appendices 1[A] and 3[C] together with such fees as required.

(C)

Waiver of submission requirements. The UDO administrator may waive submission of required elements of information when, in the administrator's opinion, such information is otherwise available or is not necessary to review the application.

(D)

Processing. All applications for permits shall be submitted, reviewed and processed in accordance with the requirements of this ordinance. On receiving a development application, the planning director or their designee shall determine whether the application is complete or incomplete. A complete application is one that: (a) contains all information and materials required city staff for submittal of the applicable type of application, and in sufficient detail, format, and readability for city staff to evaluate the application for compliance with applicable review standards; and (b) is accompanied by the fee established for the applicable type of application. The UDO administrator may refuse to process an incomplete application.

(E)

Approved plans. A copy of required plans or information submitted with the application shall be returned to the applicant after the UDO administrator has marked the copy either approved or disapproved and attested to same. A similarly marked copy shall be retained by the UDO administrator. Approved applications are entitled to the permissions and protections of G.S. 160D-108(b).

(F)

Health department construction permit required. A permit for any building or use for which a state or county health department permit for installation of a well or a sewage disposal system is required or for which approval by the state or county health department of an existing well or sewage disposal system is required, shall not be issued until such permit or approval has been issued by the state or county health department.

(G)

Detailed or technical design requirements. Detailed or technical design requirements and construction specifications relating to various types of improvements (streets, utilities, etc.) are required for thorough review of any given project. The requirements of these submissions can vary based on project specifications, 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 the text of this ordinance. However, whenever this ordinance requires a certain element of a development to be constructed in accordance with the detailed requirements set forth in one or more of these ordinances, then no construction work on such element may be commenced until detailed construction drawings have been submitted to and approved by the NCDOT, the applicable utility provider, or other appropriate approval authority. Failure to observe this requirement may result in permit revocation, denial of final subdivision plat approval, or other penalty as provided in article V (Enforcement).

4-3.2.

Site plan and plot plan procedures.

(A)

Applicability.

(1)

Plot plan required. No zoning permit for a single-family or two-family dwelling on a single lot shall be issued until a plot plan, prepared in accordance with appendix A, has been approved.

(2)

Site plan required. No other zoning or special use permit 1 or 2 shall be issued on a lot until a site plan, prepared in accordance with appendix A, has been approved for the development. No new nor amended site plan shall be required if an adequate site plan is already on file, there is no change in the parking requirements, or there is no increase in impervious surface area.

(B)

[Waiving of requirements.] The UDO administrator may waive the requirement for a site plan if, in his judgment, it is determined that it is not necessary to complete the review of the permit application.

(1)

Timing. Site plans shall be submitted to the UDO administrator in conjunction with a permit application.

(2)

Site plan compliance. Site plans shall contain all applicable information listed in appendix A. A site layout meeting the requirements of subsection 15-3.3(C) of this ordinance may also serve as the preliminary subdivision plat.

(C)

Coordination with other procedures. To lessen the time required to obtain all necessary approvals, the site plan approval process may run concurrently with building plan review or other applications for approvals required for the particular project.

(D)

Site plan and plot plan approval.

(1)

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

(2)

Approval authority.

(a)

Site plans or plot plans submitted with zoning permit applications shall be approved by the UDO administrator. Site plans may be referred to other city departments for review and recommendations.

(b)

Site plans submitted with special use permit 2 applications shall be approved by the board of adjustment.

(c)

Site plans submitted with special use permit 1 applications shallbe approved by the city council.

(3)

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

(E)

Street and utility construction.

(1)

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

(2)

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

(3)

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

(F)

Detention ponds and soil erosion and sedimentation control devices installation. Any approved wet detention pond(s) and soil erosion and sedimentation control device(s) may be installed prior to approval of street and utility construction plans.

(Ord. No. 1-2006, § 1, 1-9-2006; Ord. No. 68-2024, Exh. A, 12-2-2024)

The issuance of a zoning, sign, or special use permits 1 or 2 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. However, except as provided in sections 4-8 and 4-9, the intended use may not be commenced and no building may be occupied until all of the requirements of this ordinance and all additional requirements imposed pursuant to the issuance of a special use permit 1 or 2 have been complied with.

(Ord. No. 68-2024, Exh. A, 12-2-2024)

4-5.1.

Periodic inspections. The UDO administrator shall have the right, upon presentation of proper credentials, or inspection warrant, if necessary, to enter on any premises within the planning jurisdiction of Shelby at any reasonable hour for the purposes of inspection, determination of plan compliance or other enforcement action.

4-5.2.

Investigations. The UDO administrator or their designee may enter any premises within the jurisdiction of the local government at all reasonable hours for the purposes of inspection or other enforcement action, upon presentation of proper credentials, so long as the appropriate consent has been given for inspection of areas not open to the public or an appropriate inspection warrant has been secured.

4-5.3.

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

(Ord. No. 1-2006, § 1, 1-9-2006; Ord. No. 68-2024, Exh. A, 12-2-2024)

(A)

Requests for a zoning or sign permit shall be submitted to the UDO administrator by filing an application form along with a scaled drawing of the sign(s) that identifies the height and width of the sign(s). Applications for a zoning or sign permit may be a separate form or may be combined with the city's building permit application form.

(B)

The UDO administrator shall issue the zoning permit unless he finds, after reviewing the application and consulting with the applicant, that:

(1)

The requested permit is not within his authority according to the Table of Permissible Uses; or

(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 ordinance.

(C)

The UDO administrator shall issue the sign permit unless he finds after reviewing the application and consulting with the applicant that:

(1)

The requested permit is not in compliance with the requirements of section 12-1, Signs; or

(2)

The application is incomplete.

(Ord. No. 1-2006, § 1, 1-9-2006)

4-7.1.

Special use permit 2 review process. An application for a special use permit 2 shall be submitted to the board of adjustment by filing a copy of the application with the zoning administrator in the planning and development department 25 working days prior to the board of adjustment meeting at which the request will be reviewed. The review process for a special use permit 2 shall include:

(A)

Planning and development department review and recommendation in accordance with section 4-7.3;

(B)

Evidentiary public hearing held by the board of adjustment; and

(C)

Board of adjustment review and action.

4-7.2.

Special use permit 1 review process. An application for a special use permit 1 shall be submitted to the city council by filing a copy of the application with the zoning administrator 45 days prior to the city council meeting at which the request will be reviewed. The review process for a special use permit 1 shall include:

(A)

Planning and development department review and recommendation pursuant to section 4-7.4;

(B)

Evidentiary public hearing held by the city council; and

(C)

City council review and action.

4-7.3.

Recommendations on special use permit 2 applications.

(A)

When presented to the board of adjustment, the application for a special use permit 2 shall be accompanied by a report setting forth the planning and development department's proposed findings concerning the application's compliance with section 4-3 and the other requirements of this ordinance, as well as any staff recommendations for additional requirements to be imposed by the board of adjustment.

(B)

If the staff report proposes a finding or conclusion that the application fails to comply with any requirement of the ordinance, the report shall identify the requirement in question and specifically state supporting reasons for the proposed findings or conclusions.

4-7.4.

Recommendations on special use permit 1 applications.

(A)

When presented to the city council, the application for a special use permit 1 shall be accompanied by a report setting forth the planning and development department's proposed findings concerning the application's compliance with section 4-3 and the other requirements of this ordinance, as well as any staff recommendations for additional requirements to be imposed by the city council.

(B)

If the staff report proposes a finding or conclusion that the application fails to comply with any requirement of the ordinance, the report shall identify the requirement in question and specifically state supporting reasons for the proposed findings or conclusions.

4-7.5.

Evidentiary public hearing requirements and procedures.

(A)

No special use permit 2 nor special use permit 1 shall be approved until an evidentiary public hearing has been held by the permit-issuing board.

(B)

The city clerk shall publish a notice of the evidentiary public hearing in a newspaper having general circulation in the area. The notice shall be published not less than ten days before the date affixed for the hearing. In computing this period, the date of publication shall not be counted but the date of the hearing shall be.

The notice required by this section shall:

(1)

State the date, time, and place of the evidentiary public hearing;

(2)

Summarize the nature and character of the permit request;

(3)

Reasonably identify the property affected by the permit request;

(4)

State that the full permit request application can be reviewed at the office of the zoning administrator; and

(5)

State that substantial changes in the permit request may be made following the public hearing.

(C)

The zoning administrator shall mail written notice of the evidentiary public hearing to the owners of all properties involved in the permit request as well as the owners of all properties any portion of which is within 100 feet of the property involved in the permit request.

(D)

The zoning administrator may also post notices of the evidentiary public hearing in the vicinity of the property involved in the permit request and take any other action deemed by the zoning administrator to be useful or appropriate to give notice of the public hearing on any permit request.

(E)

Reserved.

(F)

At the conclusion of the evidentiary public hearing, the permit-issuing board may proceed to vote on the permit request, refer it to a committee for further study, or take any other action consistent with its usual rules of procedure. Section 4-7.6 delineates specific actions that the board of adjustment must take on requests special use permit 2 and section 4-7.7, that the city council must take on requests for special use permit 1.

(G)

The permit-issuing [board] shall determine contested facts and make its decision within a reasonable time.

(H)

Subject to subsection (I), the board of adjustment or the city council, respectively, shall approve the requested permit unless it concludes, based upon the information submitted at the hearing, that:

(1)

The requested permit is not within its jurisdiction according to the table of permissible uses; or

(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 ordinance.

(I)

Even if the permit-issuing board finds that the application complies with all other provisions of this ordinance, it must still deny the permit if it concludes, based upon the information submitted at the hearing, that if completed as proposed, the development, more probably than not:

(1)

Will materially endanger the public health or safety; or

(2)

Will substantially injure the value of adjoining or abutting property; or

(3)

Will not be in harmony with the area in which it is to be located; or

(4)

Will not be in general conformity with the land development plan or other plans officially adopted by the city council.

(J)

The burden of persuasion on the issue of whether the development, if completed as proposed, will comply with the requirements of this ordinance remains at all times on the applicant. The burden of persuasion on the issue of whether the application should be turned down for any of the reasons set forth in subsection (I) rests on the party or parties urging that the requested permit should be denied.

4-7.6.

Board of adjustment action on special use permit 2 applications.

(A)

Upon receipt of a recommendation from the planning and development department, the board of adjustment shall review the application for a special use permit 2 and shall hold an evidentiary public hearing on the application. Public notice of the evidentiary public hearing shall be in accordance with the provisions of section 4-7.5.

(B)

Following the evidentiary public hearing, the board of adjustment may proceed to vote on the permit request or take any other action consistent with its usual rules of procedure.

(C)

The board of adjustment shall consider whether the application is complete. If the board of adjustment concludes that the application is incomplete and the applicant refuses to provide the necessary information, the application shall be denied. A motion to this effect shall specify either the particular type of information lacking or the particular requirement with respect to which the application is incomplete. A motion to this effect, concurred in by a simple majority vote of the board of adjustment, shall constitute the board's finding on this issue. If a motion to this effect is not made and concurred in by a simple majority vote, this shall be taken as an affirmative finding by the board of adjustment that the application is complete.

(D)

The board of adjustment shall consider whether the application complies with all of the applicable requirements of this ordinance. If a motion to this effect passes by the necessary majority vote, the board of adjustment need not make further findings concerning such requirements. Each individual finding may be voted upon individually with an approval requiring a simple majority vote.

(E)

If the board of adjustment concludes that all such requirements are met, it shall issue the permit unless it adopts a motion to deny the application for one or more of the reasons set forth in subsection 4-7.5(I), in which case the board must deny the request. Such a motion shall propose specific findings, based upon the evidence submitted, justifying such a conclusion. Since such a motion is not in favor of the applicant, it is carried by a simple majority vote.

4-7.7.

City council action on special use permit 1.

(A)

Upon receipt of a recommendation from the planning and development department, the city council shall review the application for a special use permit 1 and shall hold an evidentiary public hearing on the application. Public notice of the evidentiary public hearing shall be in accordance with the provisions of section 4-7.5. The city council, in considering special use permit 1 applications, acts in a quasi-judicial capacity and, accordingly, is required to observe the procedural requirements of the board of adjustment except that no vote greater than a majority vote shall be required for the city council to issue a special use permit 1.

(B)

Following the evidentiary public hearing, the city council may proceed to vote on the permit request or take any other action consistent with its usual rules of procedure.

(C)

In considering whether to approve an application for a special use permit 1, the city council shall proceed according to the following format:

(1)

The city council shall consider whether the application is complete. If no member moves that the application be found incomplete (specifying either the particular type of information lacking or the particular requirement with respect to which the application is incomplete) then this shall be taken as an affirmative finding by the city council that the application is complete.

(2)

The city council shall consider whether the application complies with all of the applicable requirements of this ordinance. If a motion to this effect passes, the city council need not make further findings concerning such requirements. If such a motion fails or is not made then a motion shall be made that the application be found not in compliance with one or more of the requirements of this ordinance. Such a motion shall specify the particular requirements the application fails to meet. Separate votes may be taken with respect to each requirement not met by the application.

(3)

If the city council concludes that the application fails to comply with one or more requirements of this ordinance, the application shall be denied. If the city council concludes that all such requirements are met, it shall issue the permit unless it adopts a motion to deny the application. Such a motion shall propose specific findings, based upon the evidence submitted, justifying such a conclusion.

4-7.8.

Additional requirements on special use permit 1 and special use permit 2.

(A)

Subject to subsection (B), in granting a special use permit 2 or special use permit 1, the board of adjustment or city council, respectively, may attach to the permit such reasonable and appropriate conditions and safeguards in addition to those specified in this ordinance as will ensure that the development in its proposed location:

(1)

Will not endanger the public health or safety;

(2)

Will not injure the value of adjoining or abutting property;

(3)

Will be in harmony with the area in which it is located; and

(4)

Will be in conformity with the land development plan, thoroughfare plan, or other plan officially adopted by the city council.

(B)

The permit-issuing board may not attach additional conditions that modify or alter the specific requirements set forth in this ordinance.

(C)

Without limiting the foregoing, the permit-issuing board may attach to a permit a condition limiting the permit to a specified duration.

(D)

All additional conditions or requirements agreed to by the applicant shall be entered on the permit.

(E)

All additional conditions or requirements authorized by this section are enforceable in the same manner and to the same extent as any other applicable requirement of this ordinance.

(F)

A vote may be taken on application conditions or requirements before consideration of whether the permit should be denied for any of the reasons set forth in subsections 4-7.5(H) or 4-7.5(I).

(Ord. No. 1-2006, §§ 1, 11, 1-9-2006; Ord. No. 42-2013, 11-18-2013; Ord. No. 59-2015, § 1(Att. A), 11-16-2015; Ord. No. 16-2021, § 1(Exh. A), 4-19-2021; Ord. No. 68-2024, Exh. A, 12-2-2024)

(A)

In cases when, because of weather conditions or other factors beyond the control of the zoning, special use permit 1, or special use permit 2 recipient (exclusive of financial hardship) it would be unreasonable to require the permit recipient to comply with all of the requirements of this ordinance before commencing the intended use of the property or occupying any buildings, the permit-issuing authority may authorize the commencement of the intended use or the occupancy of buildings (insofar as the requirements of this ordinance are concerned) if the permit recipient provides an adequately secured performance bond or other security satisfactory to the permit-issuing authority to ensure that all of these requirements will be fulfilled within a reasonable period (not to exceed 12 months). The proposed performance bond and security shall be reviewed and approved by the city attorney, however, prior to the permit-issuing authority authorizing the intended use or occupancy.

(B)

When the permit-issuing board imposes additional requirements upon the special use permit 1 or special use permit 2 recipient in accordance with section 4-7.8 or when the developer proposes in the plans submitted to install amenities beyond those required by this ordinance, the permit-issuing board may authorize the permittee to commence the intended use of the property or to occupy any building before the additional requirements are fulfilled or the amenities installed if it specifies a date by which or a schedule according to which such requirements must be met or each amenity installed and if it concludes that compliance will be ensured as the result of any one or more of the following:

(1)

A performance bond and security satisfactory to the city attorney is furnished;

(2)

A condition is imposed establishing a hold on any certificates of occupancy, thereby ensuring that the permit recipient's compliance will be reviewed before occupancy can begin;

(3)

The nature of the requirements or amenities is such that sufficient assurance of compliance is given by section 5-4 and section 5-6.

(Ord. No. 1-2006, § 6, 1-9-2006; Ord. No. 16-2021, § 1(Exh. A), 4-19-2021; Ord. No. 68-2024, Exh. A, 12-2-2024)

(A)

If a development is constructed in phases or stages in accordance with this section, then, subject to subsection (C), the provisions of section 4-4 and section 4-8 shall apply to each phase as if it were the entire development.

(B)

As a prerequisite to taking advantage of the provisions of subsection (A), the developer shall submit plans that clearly show the various phases or stages of the proposed development and the requirements of this ordinance 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 except in accordance with the schedule approved as part of the permit, provided that:

(1)

If the improvement is one required by this ordinance then the developer may utilize the provisions of subsection 4-8(A); or

(2)

If the improvement is an amenity not required by this ordinance or is provided in response to a condition imposed by the permit-issuing board, then the developer may utilize the provisions of subsection 4-8(B).

(A)

Except as provided in subsection (F), zoning, special use permits 1 or 2, and sign permits (including approved site or plot plans) shall be obtained within one year of approval of the final site plan if applicable and shall expire automatically if, within one year after the issuance of such permits if the work authorized by the development approval has not been substantially commenced, defined as either:

(1)

The use authorized by such permits has not commenced, in circumstances where no substantial construction, erection, alteration, excavation, demolition, or similar work is necessary before commencement of such use; or

(2)

Less than ten percent of the total cost of all construction, erection, alteration, excavation, demolition, or similar work on any development authorized by such permits has been completed on the site. With respect to phased development (see section 4-9), this requirement shall apply only to the first phase.

(B)

If, after some physical alteration to land or structures begins to take place, such work is discontinued for a period of one year, then the zoning, special use permit 1 or 2, or sign permit authorizing such work shall immediately expire. However, expiration of the permit shall not affect the provisions of section 4-11.

(C)

The permit-issuing authority may extend for a period up to six months the date when a zoning, special use permit 1 or 2, or sign permit would otherwise expire pursuant to subsections (A) or (B) if it concludes that: (i) the permit has not yet expired; (ii) the permit recipient has proceeded with due diligence and in good faith; and (iii) conditions have not changed so substantially as to warrant a new application. 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.

(D)

For purposes of this section, the permit within the jurisdiction of the board of adjustment or the city council is issued when such board votes to approve the application and issue the permit. A zoning or sign permit within the jurisdiction of the UDO administrator is issued when the earlier of the following takes place:

(1)

A copy of the fully executed permit is delivered to the permit recipient, and delivery is accomplished when the permit is delivered to the permit applicant; or

(2)

The UDO administrator notifies the permit applicant that the application has been approved and that all that remains before a fully executed permit can be delivered is for the applicant to take certain specified actions, such as having the permit executed by the property owner so it can be recorded, if required under subsection 4-11(B).

(E)

Notwithstanding any of the provisions of article VI (Nonconforming situations), this section shall be applicable to permits issued prior to the date this section becomes effective.

(F)

Special use permits with a vested right established in accordance with section 4-15, Zoning vested rights, shall expire at the end of the two-year vesting period established pursuant to section 4-15.

(G)

At least 50 percent of the gross floor area shown on the approved site plan shall be completed within three years after approval of the site plan; the remaining 50 percent of the gross floor area shown on the site plan shall be completed within the following two years thereafter or within five years from the approval of the final site plan. Failure to complete construction as required herein shall automatically void the unconstructed portions of the approved site plan unless the UDO administrator finds that all of the following conditions are met:

(1)

Request for an extension has been made to the UDO administrator prior to the expiration date;

(2)

Unconstructed portions of the final site plan conform to all applicable ordinances, laws, city policies, comprehensive plan and other city plans in effect at the time of the requested extension;

(3)

Adjacent streets have not been reclassified by the thoroughfare plan to an extent that the completion of the unconstructed portion of the site plan would overburden adjacent streets beyond capacity;

(4)

Allowing the unconstructed portion of the site plan to be completed will not overburden public facilities and services such as stormwater, water and sewer lines, streets, fire, public safety and trash collection; and

(5)

There shall only be one extension permitted, and that not to exceed a time period of three years.

(Ord. No. 1-2006, § 1, 1-9-2006; Ord. No. 68-2024, Exh. A, 12-2-2024)

(A)

Zoning, special use, and sign permits authorize the permittee to make use of land and structures in a particular way. Such permits are transferable. However, so long as the land or structures or any portion thereof covered under a permit continues to be used for the purposes for which the permit was granted, then:

(1)

No person (including successors or assigns of the person who obtained the permit) may make use of the land or structures covered under such permit for the purposes authorized in the permit except in accordance with all the terms and requirements of that permit; and

(2)

The terms and requirements of the permit apply to and restrict the use of land or structures covered under the permit, not only with respect to all persons having any interest in the property at the time the permit was obtained, but also with respect to persons who subsequently obtain any interest in all or part of the covered property and wish to use it for or in connection with purposes other than those for which the permit was originally issued.

(B)

Whenever the recording of a special use permit is required by the board of adjustment or city council as a condition of approval, nothing authorized by the permit may be done until the record owner of the property provides documentation that indicates that the permit has been recorded in the Cleveland County Registry and indexed under the record owner's name as grantor.

(Ord. No. 68-2024, Exh. A, 12-2-2024)

(A)

Minor modifications. The UDO administrator is authorized to review and approve administratively a minor modification to an approved conditional zoning, special use permit, preliminary plat, and other development approvals subject to the following limitations:

1.

General limitations. The minor modification:

i.

Does not involve a change in uses permitted or the density of overall development permitted;

ii.

Does not increase the impacts generated by the development on traffic, stormwater runoff, or similar impacts beyond what was projected for the original development approval; and

iii.

Meets all other ordinance requirements.

2.

Site design. Site design minor modifications are limited adjustments to the terms or design of an approved development plan or plat, including a site plan attached as a condition to a conditional zoning or special use permit. In addition to the general limitations for minor modifications, a site design minor modification must:

i.

Comply with underlying zoning standards and other applicable conditions of the approval;

ii.

Be limited to a minor change such as, without limitation, a minor adjustment to road configuration or internal circulation, a minor adjustment to building location, or a minor adjustment to utility alignment.

3.

Dimensional standards. Dimensional standard minor modifications are adjustments to the dimensional standards of the zoning ordinance. Dimensional standards may only be modified upon a finding by the administrator, based on evidence from the permit holder, that the modification is needed to address a site characteristic or technical design consideration not known at the time of initial approval. In addition to the general limitations for minor modifications, dimensional standard minor modifications are limited to:

i.

An adjustment to parking requirements up to the greater of ten spaces or ten percent.

ii.

An adjustment to setback requirements up to greater of two feet or five percent of the standard setback.

iii.

An adjustment to landscape standards up to ten percent of required landscaping.

(B)

Reserved.

(C)

All other requests for changes in approved plans and preliminary plats will be processed as a modification to the original application. If such requests are to be acted upon by the board of adjustment, planning and zoning board, or city council, new conditions may be imposed only on the specific site or area requested to be modified in accordance with subsection 4-7.8, but the applicant retains the right to reject such additional conditions by withdrawing his request for an amendment and may then proceed in accordance with the previously issued permit or plat.

(D)

The UDO administrator shall determine whether amendments to and modifications of permits fall within the categories set forth above in subsections (A), (B), and (C).

(E)

A developer requesting approval of changes shall submit a written request for such approval to the UDO administrator, which request shall identify the changes. Approval of all changes must be given in writing.

(Ord. No. 1-2006, § 1, 1-9-2006; Ord. No. 68-2024, Exh. A, 12-2-2024)

(A)

Whenever: (i) the board of adjustment disapproves a special use permit 2 application; (ii) the city council disapproves an application for a special use permit 1, 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 unless the applicant clearly demonstrates that:

(1)

Circumstances affecting the property that is the subject of the application have substantially changed; or

(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 UDO administrator within the time period for an appeal to superior court (see section 5-7). However, such a request does not extend the 30-day period within which an appeal must be taken.

(B)

The board of adjustment or city council may, however, 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. No. 1-2006, § 1, 1-9-2006; Ord. No. 68-2024, Exh. A, 12-2-2024)

The

recipient of any zoning, special use, or sign permit, or his successor, shall be responsible for maintaining all common areas, improvements or facilities required by this ordinance or any permit issued in accordance with its provisions, except 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 streets 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 that required vegetation and trees used for screening, landscaping, or shading must be replaced if they die or are destroyed.

Specific

operation and maintenance agreements are required for developments located within watershed protection overlay districts that must provide stormwater control structures.

(Ord. No. 68-2024, Exh. A, 12-2-2024)

(A)

A vested right shall be established, upon petition by the owner of the property, after the approval or conditional approval of a site specific development plan by the city council in accordance with the provisions outlined in this section. A right which has been vested as provided for in this section shall, as a general rule, remain valid for two years and shall attach to and run with the land.

(B)

Unless otherwise specifically provided, or unless clearly required by the context, the words and phrases defined in this subsection shall have the meaning indicated when used in this section.

(1)

Landowner. Any owner of a legal or equitable interest in real property, including the heirs, devisees, successors, assigns, and personal representative of such owner. The landowner may allow a person holding a valid option to purchase to act as his agent or representative for purposes of submitting a proposed site-specific development plan.

(2)

Property. All real property subject to the regulations and restrictions of this ordinance as well as the zoning district boundaries established by this ordinance and depicted on the official zoning map.

(3)

Site specific development plan. A plan which has been submitted to the City of Shelby by a landowner describing in detail the type and intensity of use for a specific parcel or parcels of property. Such plan shall be in the form of a site plan required to obtain a special use permit or in the form of a preliminary plat. The information required by section 4-3, subsection 15-3.3(C), and appendix A, as applicable, shall be included. All site-specific development plans shall be approved by the city council if the council determines that the proposed plan meets the requirements of this ordinance.

(4)

Vested right. The right to undertake and complete the development and use of property under the terms and conditions of an approved site specific development plan.

(C)

A vested right shall be deemed established, following the receipt of a petition from the property owner, upon the effective date of approval by the city council of a site-specific development plan. Following the approval of a site specific development plan, the UDO administrator shall issue a vested right certificate to the landowner which indicates the duration of the vesting period, the conditions, if any, imposed on the approval of the site specific development plan, and any other information determined by the UDO administrator to be necessary to administer the vested right.

(D)

A vested right shall confer upon the landowner the right to undertake and complete the development and use of the property as delineated in the approved site-specific development plan. The city council may approve a site-specific development plan upon such terms and conditions as may be determined necessary to protect the public health, safety, and welfare. Failure to comply with the approved terms and conditions shall result in a forfeiture of vested rights.

(E)

Approval by the city council of a site specific development plan shall follow the procedural requirements for the issuance of a special use permit as outlined in section 4-7. Upon following the same process as required for the original approval, the planning director may extend the vesting of a site-specific vesting plan up to three years in one year increments (with total length of vesting not to exceed five years) pursuant to G.S. 160D-108.1 upon finding that:

i.

The permit has not yet expired;

ii.

Conditions have not changed so substantially as to warrant a new application; and

iii.

The extension is warranted in light of all other relevant circumstances-including, but not limited to, the size and phasing of development, the level of investment, the need for the development, economic cycles, and market conditions or other considerations.

(F)

A vested right obtained under this section runs with the land and is valid for two years from the effective date of approval by the city council of a site-specific development plan. A vested right shall expire at the end of two years if no building permit applications have been filed with the city to construct the use or uses proposed in the approved site specific development plan, or if work on the use or project have not substantially commenced as defined above. If building permits are issued, the provisions of G.S. 160D-1111 and G.S. 160D-1115 shall apply, except that a building permit shall not expire or be revoked because of the running of time while a vested right under this section is outstanding.

(G)

A vested right, once established or provided for in this section, precludes any zoning action by the city which would change, alter, impair, prevent, diminish, or otherwise delay the development or use of the property as set forth in the approved site-specific development plan, except:

(1)

With the written consent of the affected landowner;

(2)

Upon findings, by ordinance after notice and a public hearing, that natural or man-made hazards in the immediate vicinity of the property, if uncorrected, would pose a serious threat to the public health, safety, and welfare if the project were to proceed as contemplated in the site specific development plan;

(3)

To the extent that the affected landowner receives compensation for all costs, expenses, and other losses incurred by the landowner, including, but not limited to, all fees paid in consideration of financing, and all architectural, planning, marketing, legal, and other consultant's fees incurred after approval by the city, together with interest thereon at the legal rate until paid. Compensation shall not include any diminution in the value of the property which is caused by such action;

(4)

Upon findings, by ordinance after notice and a public hearing, that the landowner or his representative intentionally supplied inaccurate information or made material misrepresentations which made a difference in the approval by the city of the site-specific development plan; or

(5)

Upon the enactment or promulgation of a state or federal law or regulation which precludes development as contemplated in the site-specific development plan, in which case the city may modify the affected provisions, upon a finding that the change in state or federal law has a fundamental effect on the plan, by ordinance after notice and an evidentiary hearing.

(H)

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

(I)

Notwithstanding any provisions of this section, the establishment of a vested right shall not preclude, change, or impair the authority of the city to enforce provisions of this ordinance governing nonconforming situations or uses.

(J)

A vested right obtained under this section is not a personal right, but shall attach to and run with the applicable property. After approval of a site-specific development plan, all successors to the original landowner shall be entitled to exercise such vested rights.

(K)

The city shall not require a landowner to waive his vested rights as a condition of developmental approval.

(L)

A petition for annexation filed with the City of Shelby under G.S. 160A-31 or G.S. 160A-58.1 shall contain a signed statement declaring whether or not any zoning vested right with respect to the properties subject to the petition has been established under G.S. 160D-108 or G.S. 160D-108.1. A statement that declares that no zoning vested right has been established under G.S. 160D-108 or G.S. 160D-108.1, or the failure to sign a statement declaring whether or not a zoning vested right has been established, shall be binding on the landowner and any such zoning vested right shall be terminated.

(Ord. No. 1-2006, § 1, 1-9-2006; Ord. No. 68-2024, Exh. A, 12-2-2024)

(A)

Except as otherwise specifically exempted elsewhere in this ordinance, no building shall be occupied, no land shall be used, and the use of any land shall not be changed until a certificate of zoning compliance has been issued by the UDO administrator.

(B)

The certificate of zoning compliance shall state that the building and/or proposed use of land complies with the provisions of this ordinance.

(C)

The certificate of zoning compliance shall be presented by the applicant to the Shelby Building Inspector prior to the city's issuance of a certificate of occupancy.

A temporary certificate of zoning compliance may be issued by the UDO administrator, for a period not to exceed six months, during alteration or construction for partial occupancy of a building pending completion. Such temporary certificate shall bear the dates of issuance and expiration on the certificate, shall be clearly marked, "Temporary", and shall stipulate such conditions and safeguards as will protect the safety of the occupants and the public.

(Ord. No. 1-2006, § 1, 1-9-2006)