(C)   Determinations of Planning Director. Final decisions of the Planning Director shall be in writing and shall be given to the owner of the property that is the subject of the decisions and to the party who sought the decision, if different from the owner. The written notice shall be delivered by personal delivery, electronic mall, or by first-class mail.

   (D)   The Planning Director shall not make a final decision on an administrative decision required by this chapter if the outcome of that decision would have a direct, substantial, and readily identifiable financial impact on the Planning Director or if the applicant or other person subject to that decision is a person with whom the Planning Director has a close familial, business, or other associational relationship. If the Planning Director has a conflict of interest under this section, the decision shall be assigned to the supervisor of the Planning Director or such other staff person as may be designated by the chapter.

(2009 Code, § 155.255) (Ord. passed 10-27-1992; Ord. 2014-2-25-25, passed 2-25-2014; Ord. 2021-Z-19, passed 6-22-2021)

   (B)   Detailed minutes of all meetings related to matters contained in this chapter are required and the vote of every member on each issue shall be recorded.

   (C)   The City Council shall, upon recommendation of the Planning Board have the authority to revise this chapter and map, and approve special use permits, appoint the city’s representatives to the Planning Board and Board of Adjustment and other authorities as may be granted by this chapter may address the overall rezoning.

      (1)   A City Council member shall not vote on any legislative decision regarding a development regulation adopted pursuant to this chapter where the outcome of the matter being considered is reasonably likely to have a direct, substantial, and readily identifiable financial impact on the member. A City Council member shall not vote on any zoning amendment if the landowner of the property subject to a rezoning petition or the applicant for a text amendment is a person with whom the member has a close familial, business, or other associational relationship.

      (2)   A member of City Council exercising quasi-judicial functions pursuant to this chapter shall not participate in or vote on any quasi-judicial matter in a manner that would violate affected persons' constitutional rights to an impartial decision maker. Impermissible violations of due process include, but are not limited to, a member having a fixed opinion prior to hearing the matter that is not susceptible to change, undisclosed ex parte communications, a close familial, business, or other associational relationship with an affected person, or a financial interest in the outcome of the matter.

(2009 Code, § 155.256) (Ord. passed 10-27-1992; Ord. 2021-Z-19, passed 6-22-2021)

      (1)   A building permit issued by the Planning Director or his or her designee;

      (2)   A zoning permit issued by the Planning Director or his or her designee;

      (3)   A variance issued by the Board of Adjustment; and

      (4)   A special use permit issued by the City Council.

   (B)   A permit issued by representatives of the city shall conform to the requirements of this chapter and to plans submitted by the applicant. Approved plans are by reference made a part of the permit and may not be altered without official city approval.

   (C)   Applicants for building permits, zoning permits, special use permits and variances must have legal authority to use the property in question. By way of illustration all applications must be signed by the property owner(s), estate administrator or a person with power of attorney in matters related to the property in question, or by an agent with written notarized authority granted by one of the parties above.

   (D)   Issuance of a zoning permit, variance or special use permit authorizes the recipient to take a certain approved actions contained in the application. It does not mean or imply that the property may be occupied. The intended use may not be commenced, no buildings occupied or parcels sold until all of the requirements of this chapter, and any additional conditions imposed have been met. The use may be commenced and/or buildings occupied only after an occupancy permit has been issued by the Planning Director.

   (E)   Failure to observe the requirement and conditions of a permit may result in permit revocation and/or other penalties.

   (F)   Unless provided otherwise by law, all rights, privileges, benefits, burdens, and obligations created by development approvals made pursuant to this chapter attach to and run with the land.

(2009 Code, § 155.257) (Ord. passed 10-27-1992; Ord. 2021-Z-19, passed 6-22-2021) Penalty, see § 155.999

   (A)   All applications for zoning permits, special use permits and variances must contain all of the required information and signatures prior to being processed by the issuing authority. Applications for development approvals may be made by the landowner, a lessee or person holding an option or contract to purchase or lease land, or an authorized agent of the landowner.

   (B)   To properly review and act on an application, the issuing authority may request additional detailed or technical data. Requests for this type of information will be made only if necessary to evaluate the application in light of the substantive requirements of this chapter.

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

(2009 Code, § 155.258) (Ord. passed 10-27-1992; Ord. 2021-Z-19, passed 6-22-2021)

   (A)   To minimize development planning costs, avoid misunderstanding or misinterpretation, and ensure compliance with the requirements of this chapter, pre-application consultation between the developer and Planning Director or his or her designee is encouraged.

   (B)   The Planning Director or his or her designee shall make every effort to meet with applicants at a mutually convenient time during normal working hours.

(2009 Code, § 155.259) (Ord. passed 10-27-1992; Ord. 2021-Z-19, passed 6-22-2021)

   (A)   Upon receipt of a formal application for a zoning or special use permit, the Planning Director or his or her designee shall review the application and confer with the applicant to ensure that he or she understands the city’s interpretation of the applicable requirements of this chapter, that he or she has submitted all of the information that he or she intends to submit and that the application represents precisely and completely what he or she proposes to do.

   (B)   If the application is for a special use permit or a major site plan, the Planning Director or his or her designee shall place the application on the agenda of the appropriate board when the applicant indicates that the application is as complete as he or she intends to make it. However, as provided in § 155.278, if the Planning Director or his or her designee believes that the application is incomplete, he or she shall recommend to the appropriate board that the application be denied on that basis.

(2009 Code, § 155.260) (Ord. passed 10-27-1992; Ord. 2021-Z-19, passed 6-22-2021)

   (A)   A completed application form for a zoning permit, including minor site plan applications, shall be submitted to the Planning Director or his or her designee.

   (B)   Each lot to be used for the proposed use shall be listed on the permit application.

   (C)   The Planning Director or his or her designee shall issue the zoning permit unless he or she finds, after reviewing the application and consulting with the applicant as provided in § 155.280, that:

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

      (2)   The application is incomplete;

      (3)   If completed as proposed in the application, the development will not comply with one or more requirements of this chapter (not including those requirements concerning which variance has been granted or those the applicant is not required to comply with under the circumstances specified in nonconforming situations); or

      (4)   All lots involved in the proposed development are not listed on the permit application.

   (D)   Drainage plans for all major and minor site plans as well as development in the O-I, B-l, B-2, B-3, B-4, I-1 and I-2 Zoning Districts must be approved by the City Engineer prior to issuance of a zoning permit. Development of any parcel of land one acre or more in size, regardless of actual amount of land disturbance, will require the design and installation of detention and/or retention facilities as approved by the City Engineer. The City Engineer may require either a written description of the proposed drainage improvements or detailed drainage plans prepared by a licensed engineer.

   (E)   A separate zoning permit is required for any expansion onto an additional lot, adjacent or otherwise.

(2009 Code, § 155.261) (Ord. passed 10-27-1992; Ord. 96-03-01, passed 3-25-1996; Ord. 2021-Z-19, passed 6-22-2021)

   (A)   Zoning and special use permits shall expire automatically if, within one year after the issuance of the permits:

   (D)   For purposes of this section, the permit within the jurisdiction of the City Council is issued when the Board votes to approve the application and issue the permit. A permit within the jurisdiction of the Planning Director or his or her designee 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 hand delivered or mailed to the permit applicant; or

      (2)   The Planning Director or his or her designee 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 state law.

   (E)   Notwithstanding any of the provisions for nonconforming situations, this section shall be applicable to permits issued prior to the date this section becomes effective.

(2009 Code, § 155.262) (Ord. passed 10-27-1992; Ord. 2021-Z-19, passed 6-22-2021)

   (A)   Zoning and special use permits authorize the permittee to make use of land and structures in a particular way. The 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:

   (B)   Whenever a zoning or special use permit is issued to authorize development (other than single-family residences or duplexes) on a tract of land in excess of one acre, nothing authorized by the permit may be done until the record owner of the property signs a written acknowledgment that the permit has been issued.

(2009 Code, § 155.263) (Ord. passed 10-27-1992; Ord. 2021-Z-19, passed 6-22-2021) Penalty, see § 155.999

   (A)   No major modifications to zoning or special use permits, site plans, or other development approvals shall be allowed without specific action of the Planning Board and City Council. No major modifications to variance permits shall be allowed without specific action of the Board of Adjustment. However, unanticipated circumstances require changes to approved development plans and permits, including developer agreements and site-specific vesting plans. In accordance with G.S. § 160D-403(d), the city allows for minor modifications to be administratively approved as outlined below.

      (1)   Any change in land use.

      (2)   Any change in density.

      (3)   When there is introduction of a new vehicular access point to an existing street, road or thoroughfare not previously designated for access.

      (4)   When the total floor area of a commercial or industrial classification is increased more than 10% beyond the total floor area last approved by City Council.

      (5)   A change in the type of proposed dwelling unit (e.g. SF detached to townhouse).

      (6)   When the number of existing trees to be preserved is decreased more than 10% beyond the number of trees shown on the approved plans.

      (7)   Any change that would increase traffic beyond the levels projected in the approved Transportation Impact Analysis (TIA).

      (8)   Any increase the stormwater impact beyond what was identified in the approved stormwater analysis for the project.

      (9)   Any change which alters the basic development concept of the approval.

      (10)   Any net reduction in the area of a buffer or a reduction in width of more than 25% of the approved width.

      (11)   For developer agreements, any change in deadlines or completion dates in excess of three months.

      (12)   Any minor modification beyond the permitted number of modifications for a specific approval.

         (a)   Does not involve a change in the uses permitted or the density of overall development permitted.

         (b)   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.

         (c)   In compliance with all other chapter requirements.

         (d)   Limited to one modification per development approval in a six month period, unless one single site issue necessitates more than one modification. In no instance, however, shall there be more than four modifications for the life of the project.

         (e)   Is necessitated due only to an unanticipated site condition discovered during construction, a change in availability of a construction-related product, extraordinary weather or other forces of nature, or a change on an off-site condition to which the applicant had no prior knowledge.

         (a)   Comply with underlying zoning standards and other applicable conditions of the approval.

         (b)   Be limited to a minor change such as, without limitation, a minor adjustment to road configuration or internal circulation, a minor adjustment to building or internal driveway location, or a minor adjustment to right-of-way location.

      (3)   In addition to the general limitations for minor modifications, dimensional standard minor modifications are limited to:

         (a)   An adjustment to parking requirements up to the greater of ten spaces or 20%.

         (b)   An adjustment to setback requirements up to greater of five feet or 25% of the standard setback.

         (c)   An adjustment to landscape standards up to 20% of required landscaping.

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

(2009 Code, § 155.264) (Ord. passed 10-27-1992; Ord. 2021-Z-19, passed 6-22-2021)

   Whenever the City Council disapproves a special use permit application or the Board of Adjustment disapproves an application for a variance, on any basis other than the failure of the applicant to submit a complete application, the action may not be reconsidered by the respective Board for a period of one year unless the applicant clearly demonstrates that:

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

   (B)   The application is changed in some substantial way; or

   (C)   New information is available that could not, with reasonable diligence, have been presented at a previous hearing.

(2009 Code, § 155.265) (Ord. passed 10-27-1992; Ord. 2021-Z-19, passed 6-22-2021)

   The recipient of any zoning or special use permit, or his or her successor, shall be responsible for maintaining all common areas, improvements or facilities required by this chapter, 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 illustration, and without limiting the generality of the foregoing, this means that private roads and parking areas, water and sewer lines, and recreational facilities must be properly maintained so that they can be used in the manner intended, and required vegetation and trees used for screening, landscaping or shading must be replaced if they die or are destroyed.

(2009 Code, § 155.266) (Ord. passed 10-27-1992; Ord. 2021-Z-19, passed 6-22-2021)

   (A)   With the exception of governmental bodies filing on behalf of the public interest, any application for a zoning ordinance related item, including, but not limited to, rezoning, special use permits, ordinance amendments, variances, special use permits and administrative review matters, must be accompanied by a filing fee. Fees shall be established annually by the City Council with the adoption of the city’s annual budget. The applicant shall also pay the cost of all certified mailings required by the local ordinance. All fees shall be paid to the City Collections Department.

   (B)   The fees include all advertising cost. All fees must be paid in full prior to application processing.

(2009 Code, § 155.267) (Ord. passed 10-27-1992; Ord. passed 11-28-1995; Ord. passed 7-1-2007; Ord. 2021-Z-19, passed 6-22-2021)

   (A)   Whenever the Planning Director or his or her designee receives a written, signed complaint alleging a violation of this chapter, he or she shall investigate the complaint, take whatever action is warranted, and inform the complainant in writing within ten days of what actions have been or will be taken.

   (B)   The Planning Director or his or her designee is authorized to 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, provided the appropriate consent has been given for inspection of areas not open to the public or that an appropriate inspection warrant has been secured. (G.S. § 160D-403(e))

(2009 Code, § 155.268) (Ord. passed 10-27-1992; Ord. 2021-Z-19, passed 6-22-2021)

   (A)   If the Administrator finds that any provision of this chapter is being violated, and is not remedied through informal means, a written notice of violation (NOV) must be given to the permittee and landowner if different and may deliver to occupant or person undertaking the activity. This notice must be delivered by hand delivery, email or first-class mail, and may be posted onsite at the property in violation. The person providing the notice of violation shall certify to the local government that the notice was provided and the certificate shall be deemed conclusive in the absence of fraud. (G.S. § 160D-404(a)) The notice shall include a description of the violation and its location, the measures necessary to correct it, the possibility of civil penalties and judicial enforcement action and notice of right to appeal. The notice shall also state the time period allowed, if any, to correct the violation, which time period may vary depending on the nature of the violation and knowledge of the violator. Additional written notices may be sent at the Administrator’s discretion.

   (B)   The final written notice (and the initial written notice may be the final notice) shall state what action the Administrator intends to take if the violation is not corrected and shall advise that the Administrator’s decision or order may be appealed to the Board of Adjustment within ten days after service of the final notice of violations.

   (C)   Notwithstanding the foregoing, in cases when delay would seriously threaten the effective enforcement of this chapter or pose a danger to the public health, safety or welfare, the Administrator may seek enforcement without prior written notice by invoking any of the penalties or remedies authorized in § 155.999.

(2009 Code, § 155.270) (Ord. passed 10-27-1992; Ord. 2021-Z-19, passed 6-22-2021) Penalty, see § 155.999

   (A)   In addition to initiation of enforcement actions under G.S. § 160D-404, and those contained herein, development approvals, including those of special use and zoning permits, may be revoked by the city by notifying the holder in writing stating the reason for the revocation. The city shall follow the same development review and approval process required for issuance of the development approval, including any required notice or hearing, in the review and approval of any revocation of that approval.

   (B)   Development approvals shall be revoked for any substantial departure from the approved application, plans, or specifications; for refusal or failure to comply with the requirements of any applicable local development regulation or any state law delegated to the local government for enforcement purposes in lieu of the state; or for false statements or misrepresentations made in securing the approval. Any development approval mistakenly issued in violation of an applicable state or city law may also be revoked.

   (C)   Before a zoning permit may be revoked, the Planning Director or his or her designee shall give the permit recipient ten days notice of intent to revoke the permit and shall inform the recipient of the alleged reasons for the revocation and of his or her right to obtain an informal hearing on the allegations. If the permit is revoked, the Planning Director or his or her designee shall provide to the permittee a written statement of the decision and the reasons therefor.

   (D)   No person may continue to make use of land or buildings in the manner authorized by any zoning or special use permit after the permit has been revoked in accordance with this action.

   (E)   The revocation of a development approval by a staff member may be appealed pursuant to G.S. § 160D-405. If an appeal is filed regarding a development regulation adopted by the city pursuant to this chapter, the provisions of G.S. § 160D-405(e) regarding stays shall be applicable.

(2009 Code, § 155.271) (Ord. passed 10-27-1992; Ord. 2021-Z-19, passed 6-22-2021) Penalty, see § 155.999