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(A) 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.
(B) 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. An easement holder may also apply for development approval for such development as is authorized by the easement.
(C) Each application to the Building Inspector for a zoning permit shall be accompanied by plot plans in duplicate showing the following.
(1) The actual dimensions of the lot to be built on.
(2) The size of the building to be erected.
(3) The location of the building on the lot.
(4) The location of existing structures on the lot, if any.
(5) The number of dwelling units the building is designed to accommodate.
(6) The approximate setback lines of buildings on adjoining lots.
(7) Any other information as may be essential for determining whether the provisions of this chapter are being observed.
(D) Any zoning permit issued shall expire and be canceled unless the work authorized by it shall have begun within six months of its date of issue, or if the work authorized by it is suspended or abandoned for a period of one year. Written notice thereof shall be given to the person affected, including notice that further work as described in the canceled permit shall not proceed unless and until a special zoning permit has been obtained.
(E) Unless a different period is specified by this chapter or other specific applicable law, including for a development agreement, a development approval issued pursuant to this chapter expires one year after the date of issuance if the work authorized by the development approval has not been substantially commenced. Local development regulations may provide for development approvals of shorter duration for temporary land uses, special events, temporary signs, and similar development. Local development regulations may also provide for development approvals of longer duration for specified types of development approvals. Nothing in this section limits any vested rights secured under § 92.167.
('58 Code, § 19-112) (Am. Ord. 21-02, passed 1-19-21; Am. Ord. 21-26, passed 7-12-21)
(A) A certificate of occupancy issued by the Building Inspector is required in advance of the following.
(1) Occupancy or use of a building hereafter erected, altered, or moved.
(2) A change of use of any building or land.
(3) Each nonconforming use created by the passage and subsequent amendments to this chapter. The owner of the nonconforming use shall obtain a certificate of occupancy within 30 days of the date of the passage or amendments.
(B) A certificate of occupancy, either for the whole or a part of a building, shall be applied for coincident with the application for a building permit and shall be issued within ten days after the erection or structural alteration of the building, or part, shall have been completed in conformity with the provisions of this chapter. A certificate of occupancy shall not be issued unless the proposed use of a building or land conforms to the applicable provisions of this chapter. If the certificate of occupancy is denied, the Building Inspector shall state in writing the reasons for refusal, and the applicant shall be notified of the refusal. A record of all certificates shall be kept on file in the office of the Building Inspector, and copies shall be furnished, on request, to any person having a proprietary or tenancy interest in the building or land involved.
('58 Code, § 19-113) (Am. Ord. 21-02, passed 1-19-21; Am. Ord. 21-26, passed 7-12-21; Am. Ord. 22-01, passed 1-3-22) Penalty, see § 10.80
(A) It has been found by City Council that:
(1) Development projects often occur in multiple phases over several years, requiring a long-term commitment of both public and private resources.
(2) Such developments often create community impacts and opportunities that are difficult to accommodate within traditional zoning processes.
(3) Because of their scale and duration, such projects often require coordination of public capital facilities planning, financing, and construction schedules and phasing of the private development.
(4) Such projects involve substantial commitments of private capital, which developers are usually unwilling to risk without sufficient assurances that development standards will remain stable through the extended period of the development.
(5) Such developments often permit communities and developers to experiment with different or nontraditional types of development concepts and standards, while still managing impacts on the surrounding areas.
(6) To better structure and manage development approvals for such developments and ensure their proper integration into local capital facilities programs, the city needs flexibility to negotiate such developments.
(B) City Council may enter into development agreements with developers, subject to the procedures herein. In entering into such agreements, City Council may not exercise any authority or make any commitment not authorized by general or local act and may not impose any tax or fee not authorized by otherwise applicable law.
(C) This is supplemental to the powers conferred upon local governments and does not preclude or supersede rights and obligations established pursuant to other law regarding development approvals, site-specific vesting plans, phased vesting plans, or other provisions of law. A development agreement shall not exempt the property owner or developer from compliance with the State Building Code or state or local housing codes that are not part of the city's development regulations. When the City Council approves the rezoning of any property associated with a development agreement executed and recorded pursuant to this section, the provisions of G.S. 160D-6-5(a) apply.
(D) Development authorized by a development agreement shall comply with all applicable laws, including all ordinances, resolutions, regulations, permits, policies, and laws affecting the development of property,including laws governing permitted uses of the property, density, intensity, design, and improvements.
(E) The city may establish procedures and requirements, as provided in this section, to consider and enter into development agreements with developers, including reasonable terms for both size and duration of agreement. A development agreement must be approved by City Council following the procedures specified in G.S. 160D-10-5.
(F) The development agreement may, by ordinance, be incorporated, in whole or in part, into any development regulation adopted by City Council. A development agreement may be considered concurrently with a zoning map or text amendment affecting the property and development subject to the development agreement. A development agreement may be concurrently considered with and incorporate by reference a sketch plan or preliminary plat required under a subdivision regulation or a site plan or other development approval required under a zoning regulation. If incorporated into a conditional district, the provisions of the development agreement shall be treated as development regulation in the event of the developer's bankruptcy.
(G) Before entering into a development agreement, City Council shall conduct a legislative hearing on the proposed agreement. The notice provisions of G.S. 160D-6-2 applicable to zoning map amendments shall be followed for this hearing. The notice for the public hearing must specify the location of the property subject to the development agreement, the development uses proposed on the property, and must specify a place where a copy of the proposed development agreement can be obtained.
(H) A development agreement shall, at a minimum, include all of the following:
(1) A description of the property subject to the agreement and the names of its legal and equitable property owners.
(2) The duration of the agreement. However, the parties are not precluded from entering into subsequent development agreements that may extend the original duration period.
(3) The development uses permitted on the property, including population densities and building types, intensities, placement on the site, and design.
(4) A description of public facilities that will serve the development, including who provides the facilities, the date any new public facilities, if needed, will be constructed, and a schedule to assure public facilities are available concurrent with the impacts of the development. In the event that the development agreement provides that the local government shall provide certain public facilities, the development agreement shall provide that the delivery date of such public facilities will be tied to successful performance by the developer in implementing the proposed development (such as meeting defined completion percentages or other performance standards).
(5) A description, where appropriate, of any reservation or dedication of land for public purposes and any provisions agreed to by the developer that exceed existing laws related to protection of environmentally sensitive property.
(6) A description, where appropriate, of any conditions, terms, restrictions, or other requirements for the protection of public health, safety, or welfare.
(7) A description, where appropriate, of any provisions for the preservation and restoration of historic structures.
(I) A development agreement may also provide that the entire development or any phase of it be commenced or completed within a specified period of time. If required by ordinance or in the agreement, The development agreement shall provide a development schedule, including commencement dates and interim completion dates at no greater than five-year intervals; provided, however, the failure to meet a commencement or completion date shall not, in and of itself, constitute a material breach of the development agreement pursuant to G.S. 160D-10-8 but must be judged based upon the totality of the circumstances. The developer may request a modification in the dates as set forth in the agreement.
(J) If more than one local government is made party to an agreement, the agreement must specify which local government is responsible for the overall administration of the development agreement. A local or regional utility authority may also be made a party to the development agreement, but shall not do so without the city as a party.
(K) The development agreement also may cover any other matter, including defined performance standards, not inconsistent with this chapter. The development agreement may include mutually acceptable terms regarding provision of public facilities and other amenities and the allocation of financial responsibility for their provision, provided any impact mitigation measures offered by the developer beyond those that could be required by the city pursuant to G.S. 160D-8-4 shall be expressly enumerated within the agreement, and provided the agreement may not include a tax or impact fee not otherwise authorized by law. Any performance guarantees under the development agreement shall comply with G.S. 160D-8-4(d).
(L) Consideration of a proposed major modification of the agreement shall follow the same procedures as required for initial approval of a development agreement. What changes constitute a major modification may be determined by ordinance adopted pursuant to G.S. 160D-10.3 or as provided for in the development agreement.
(M) Unless the development agreement specifically provides for the application of subsequently enacted laws, the laws applicable to development of the property subject to a development agreement are those in force at the time of execution of the agreement.
(N) Except for grounds specified in G.S. 160D-1-8(e), a local government may not apply subsequently adopted ordinances or development policies to a development that is subject to a development agreement.
(O) In the event state or federal law is changed after a development agreement has been entered into and the change prevents or precludes compliance with one or more provisions of the development agreement, the local government may modify the affected provisions, upon a finding that the change in state or federal law has a fundamental effect on the development agreement.
(P) This section does not abrogate vested rights otherwise preserved by law.
(Q) Procedures established pursuant to G.S. 160D-10-3 may include a provision requiring periodic review by the Zoning Administrator or other appropriate officer of the local government at which time the developer shall demonstrate good faith compliance with the terms of the development agreement.
(R) If the city officials find and determine that the developer has committed a material breach of the agreement, the City Council shall notify the developer in writing setting forth with reasonable particularity the nature of the breach and the evidence supporting the finding and determination, and providing the developer a reasonable time in which to cure the material breach.
(S) If the developer fails to cure the material breach within the time given, then the local government unilaterally may terminate or modify the development agreement; provided, the notice of termination or modification may be appealed to the Board of Adjustment in the manner provided by G.S. 160D-4-5.
(T) An ordinance adopted pursuant to G.S. 160D-10.3 or the development agreement may specify other penalties for breach in lieu of termination, including but not limited to, penalties allowed for violation of a development regulation. Nothing in this section shall be construed to abrogate or impair the power of the local government to enforce applicable law.
(U) A development agreement shall be enforceable by any party to the agreement notwithstanding any changes in the development regulations made subsequent to the effective date of the development agreement. Any party to the agreement may file an action for injunctive relief to enforce the terms of a development agreement.
(V) Subject to the provisions of G.S. 160D-10.6(e), a development agreement may be amended or terminated by mutual consent of the parties.
(W) Except as otherwise provided by this section, any development agreement entered into by the city before the effective date of a change of jurisdiction shall be valid for the duration of the agreement, or eight years from the effective date of the change in jurisdiction, whichever is earlier. The parties to the development agreement and the local government assuming jurisdiction have the same rights and obligations with respect to each other regarding matters addressed in the development agreement as if the property had remained in the previous jurisdiction.
(X) A local government assuming jurisdiction may modify or suspend the provisions of the development agreement if the local government determines that the failure of the local government to do so would place the residents of the territory subject to the development agreement, or the residents of the local government, or both, in a condition dangerous to their health or safety, or both.
(Y) The developer shall record the agreement with the Register of Deeds within 14 days after the city and developer execute an approved development agreement. No development approvals may be issued until the development agreement has been recorded. The burdens of the development agreement are binding upon, and the benefits of the agreement shall inure to, all successors in interest to the parties to the agreement.
(Z) In the event that any of the obligations of the city in the development agreement constitute debt, the local government shall comply, at the time of the obligation to incur the debt and before the debt becomes enforceable against the city, with any applicable constitutional and statutory procedures for the approval of this debt.
(Ord. 21-26, passed 7-12-21)
(A) In case any building is erected, constructed, reconstructed, altered, repaired, converted, or maintained, or any building or land is used in violation of this chapter, the Building Inspector, or any other appropriate city authority, or any person who would be damaged by the violation, in addition to other remedies, may institute an action for injunction, or mandamus, or other appropriate action or proceeding to prevent the violation.
(B) After a development approval has been issued, no deviations from the terms of the application or the development approval shall be made until written approval of proposed changes or deviations has been obtained. Minor modifications to development approvals can be administratively approved. Major modification of a development shall follow the same development review and approval process required for issuance of the development approval.
(C) In addition to initiation of enforcement actions under G.S. 160D-404, development approvals may be revoked by the local government issuing the development approval by notifying the holder in writing stating the reason for the revocation. The local government 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. 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 local law may also be revoked. The revocation of a development approval by a staff member may be appealed pursuant to § 92.150.
(D) In case any sign shall be installed, erected, or constructed in violation of any of the terms of this chapter, the Building Inspector shall notify by personal notice or registered mail the owner or lessee thereof to alter the sign so as to comply with the provisions of this chapter and to secure the necessary permit therefor, or to remove the sign. If an order is not complied with within ten days, the Building Inspector shall remove the sign at the expense of the owner or lessee thereof. In the event that a sign or wall bulletin should become insecure, or in danger of falling, the person maintaining the sign shall, upon written notice from the Building Inspector, forthwith, in case of immediate danger, and in any case, within ten days, secure the sign in a manner approved by the Building Inspector.
(‘58 Code, § 19-114) (Am. Ord. 21-02, passed 1-19-21; Am. Ord. 21-26, passed 7-12-21; Am. Ord. 22-01, passed 1-3-22) Penalty, see § 10.80
(A) A petition for a zoning amendment may be initiated by the City Council, the Planning and Zoning Appeals Board, any department or agency of the city, the owner or any property within the zoning jurisdiction of the city, or any interested citizen who can show cause for an amendment.
(B) No amendment to zoning regulations or a zoning map that down-zones property shall be initiated nor shall it be enforceable without the written consent of all property owners whose property is the subject of the down-zoning amendment, unless the down- zoning amendment is initiated by the city. For purposes of this section, "down-zoning" means a zoning ordinance that affects an area of land in one of the following ways:
(1) By decreasing the development density of the land to be less dense than was allowed under its previous usage.
(2) By reducing the permitted uses of the land that are specified in a zoning ordinance or land development regulation to fewer uses than were allowed under its previous usage.
(C) Any application for amendment to this chapter shall be filed with the Director of Planning and Community Development at least 17 days prior to the date on which it is to be introduced to the Planning and Zoning Appeals Board. Adjoining property owners shall be notified by first class mail not less than ten days prior to the Planning Board meeting. The Director of Planning and Community Development shall be responsible for presenting the application to the Planning and Zoning Appeals Board. Each petition for an amendment shall be accompanied by a fee as provided in the schedule of fees relative to planning and zoning established by ordinance of the City Council to help defray the cost of advertising the public hearing required by the General Statutes. If a public hearing is not held, the fee shall be refunded to the petitioner. Each application shall be signed and shall contain at least the following information.
(1) The applicant's name in full, applicant's address, and the address or description of the property to be rezoned.
(2) Applicant's interest in the property and the type of rezoning requested.
(3) If the proposed change would require a change in the zoning map, an accurate diagram of the property proposed for rezoning showing the following.
(a) All property lines with dimensions including a north arrow.
(b) Adjoining streets with rights-of-way and paving widths.
(c) The location of all structures and the use of all land.
(d) Zoning classification of all abutting zoning districts.
(e) Comprehensive site plan if the application is for commercial, industrial, or multi-family development.
(D) A public hearing shall be held by the City Council before the adoption, amendment, or repeal of any part of this chapter.
(1) A notice of the public hearing shall be given once a week for two successive calendar weeks in a newspaper of general circulation in the city, the notice to be published the first time not less than ten days nor more than 25 days prior to the date established for the public hearing. In computing such period, the day of publication is not to be included but the day of the hearing shall be included. The City Council shall not consider any presentation made by the petitioner that, if the change is granted, the rezoned property will be used for only one of the possible range of uses permitted in the requested classification. Rather, the City Council shall consider whether the entire range of permitted uses in the requesting classification is more appropriate than the range of uses in the existing classification, except in the case of a conditional zoning district.
(2) Whenever there is a zoning map amendment, the owner of that parcel of land as shown on the county tax listing, and the owners of all parcels of land abutting that parcel of land as shown on the county tax listing, including parcels of land separated from the subject property by street, railroad, or other transportation corridor, shall be mailed a notice of a public hearing on the proposed amendment by first class mail at the last addresses listed for such owners on the county tax abstracts. This notice must be deposited in the mail at least ten but not more than 25 days prior to the date of the public hearing. The person or persons mailing such notices shall certify to the City Council that fact, and such certificate shall be deemed conclusive in the absence of fraud.
(3) The first class mail notice required under this section shall not be required if the zoning map amendment directly affects more than 50 properties, owned by a total of at least 50 different property owners, and the city elects to use the expanded published notice provided for in this section. In this instance, a city may elect to either make the mailed notice provided for in division (D)(2) of this section or may as an alternative elect to publish notice of the hearing as required by G.S. 160A-364, but provided that each advertisement shall not be less than one half of a newspaper page in size. The advertisement shall only be effective for property owners who reside in the area of general circulation of the newspaper which publishes the notice. Property owners who reside outside of the newspaper circulation area, according to the address listed on the most recent property tax listing for the affected property, shall be notified according to the provisions of division (D)(2) of this section.
(4) When a zoning map amendment is proposed, the city shall prominently post a notice of the public hearing on the site proposed for rezoning or on an adjacent public street or highway right-of-way. When multiple parcels are included within a proposed zoning map amendment, a posting on each individual parcel is not required, but the city shall post sufficient notices to provide reasonable notice to interested persons.
(E) Planning board review and comment. Unless initiated by the Planning and Zoning Appeals Board, all proposed amendments to this chapter shall be submitted to the Planning and Zoning Appeals Board pursuant to the following:
(1) Initial zoning. In order to exercise zoning powers conferred by this chapter for the first time, a local government shall create or designate a planning board. The Planning and Zoning Appeals Board shall prepare or shall review and comment upon a proposed zoning regulation, including the full text of such regulation and maps showing proposed district boundaries. The Planning and Zoning Appeals Board may hold public meetings and legislative hearings in the course of preparing the regulation. Upon completion, the Planning and Zoning Appeals Board shall make a written recommendation regarding adoption of the regulation to the governing board. The governing board shall not hold its required hearing or take action until it has received a recommendation regarding the regulation from the planning board. Following its required hearing, the governing board may refer the regulation back to the Planning and Zoning Appeals Board for any further recommendations that the Board may wish to make prior to final action by the governing board in adopting, modifying and adopting, or rejecting the regulation.
(2) Zoning amendments. Subsequent to initial adoption of a zoning regulation, all proposed amendments to the zoning regulation or zoning map shall be submitted to the Planning and Zoning Appeals Board for review and comment. If no written report is received from the Planning and Zoning Appeals Board within 30 days of referral of the amendment to that board, the governing board may act on the amendment without the Planning and Zoning Appeals Board report. The governing board is not bound by the recommendations, if any, of the Planning and Zoning Appeals Board.
(3) Review of other ordinances and actions. Any development regulation other than a zoning regulation that is proposed to be adopted pursuant to this chapter may be referred to the Planning and Zoning Appeals Board for review and comment. Any development regulation other than a zoning regulation may provide that future proposed amendments of that ordinance be submitted to the Planning and Zoning Appeals Board for review and comment. Any other action proposed to be taken pursuant to this chapter may be referred to the Planning and Zoning Appeals Board for review and comment.
(4) Plan consistency. When conducting a review of proposed zoning text or map amendments pursuant to this section, the Planning and Zoning Appeals Board shall advise and comment on whether the proposed action is consistent with any comprehensive plan that has been adopted and any other officially adopted plan that is applicable. The Planning and Zoning Appeals Board shall provide a written recommendation to the governing board that addresses plan consistency and other matters as deemed appropriate by the Planning and Zoning Appeals Board, but a comment by the Planning and Zoning Appeals Board that a proposed amendment is inconsistent with the comprehensive plan shall not preclude consideration or approval of the proposed amendment by the governing board. If a zoning map amendment qualifies as a "large-scale rezoning" under G.S. 160D-602(b), the Planning and Zoning Appeals Board statement describing plan consistency may address the overall rezoning and describe how the analysis and policies in the relevant adopted plans were considered in the recommendation made.
(5) Separate board required. Notwithstanding the authority to assign duties of the planning board to the governing board as provided by this chapter, the review and comment required by this section shall not be assigned to the governing board and must be performed by a separate board.
(F) Governing board statement.
(1) Plan consistency. When adopting or rejecting any zoning text or map amendment, the governing board shall approve a brief statement describing whether its action is consistent or inconsistent with an adopted comprehensive plan. The requirement for a plan consistency statement may also be met by a clear indication in the minutes of the governing board that at the time of action on the amendment the governing board was aware of and considered the Planning and Zoning Appeals Board's recommendations and any relevant portions of an adopted comprehensive plan. If a zoning map amendment is adopted and the action was deemed inconsistent with the adopted plan, the zoning amendment shall have the effect of also amending any future land-use map in the approved plan, and no additional request or application for a plan amendment shall be required. A plan amendment and a zoning amendment may be considered concurrently. The plan consistency statement is not subject to judicial review. If a zoning map amendment qualifies as a "large-scale rezoning" under G.S. 160D-602(b), the governing board statement describing plan consistency may address the overall rezoning and describe how the analysis and policies in the relevant adopted plans were considered in the action taken.
(2) Additional reasonableness statement for rezonings. When adopting or rejecting any petition for a zoning map amendment, a statement analyzing the reasonableness of the proposed rezoning shall be approved by the governing board. This statement of reasonableness may consider, among other factors: (i) the size, physical conditions, and other attributes of the area proposed to be rezoned; (ii) the benefits and detriments to the landowners, the neighbors, and the surrounding community; (iii) the relationship between the current actual and permissible development on the tract and adjoining areas and the development that would be permissible under the proposed amendment; (iv) why the action taken is in the public interest; and (v) any changed conditions warranting the amendment. If a zoning map amendment qualifies as a "large-scale rezoning" under G.S. 160D-602(b), the governing board statement on reasonableness may address the overall rezoning.
(3) Single statement permissible. The statement of reasonableness and the plan consistency statement required by this section may be approved as a single statement.
(G) Voting.
(1) Planning and Zoning Appeals Board. Members of appointed boards shall not vote on any advisory or 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. An appointed board 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) Governing board. A governing board 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 governing board 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.
(3) An affirmative vote equal to a majority of all the members of the council not excused from voting on the question in issue, including the Mayor's vote in case of an equal division, shall be required for amendments.
(H) Any petition for an amendment to this chapter may be withdrawn at any time at the discretion of the person initiating the request, upon written notice to the City Clerk.
(I) When the City Council shall have denied any application for the change of any zoning district, it shall not thereafter accept any other application for the same change of zoning district affecting the same property, or any portion thereof, until the expiration of six months from the date of the previous denial.
(‘58 Code, § 19-130) (Am. Ord. 81-12, passed 6-15-81; Am. Ord. 89-35, passed 12- 18-89; Am. Ord. 94-20, passed 9-19-94; Am. Ord. 98-01, passed 1-20-98; Am. Ord. 06- 08, passed 4-3-06; Am. Ord. 07-42, passed 11-19-07; Am. Ord. 13-38, passed 9-16-13; Am. Ord. 21-02, passed 1-19-21; Am. Ord. 21-26, passed 7-12-21)
(A) Purpose. Special uses are established to provide for the location of those uses which are generally compatible with other land uses permitted in a zoning district, but which, because of their unique characteristics or potential impacts on the surrounding neighborhood and the city as a whole, require individual consideration of their location, design, configuration, and/or operation at the particular location proposed. Such individual consideration may also call for the imposition of individualized conditions in order to ensure that the use is appropriate at a particular location, and to ensure protection of the public health, safety, and welfare. Any special use identified in this chapter shall not be permitted without the approval of the City Council in accordance with the requirements and procedures set forth in this section.
(B) Pre-application conference. It is highly recommended that the special use applicant meet with pertinent city staff in a pre-application conference prior to the submittal of a request for approval of a special use. The purposes of this conference are to provide additional information regarding the review process and assistance in the preparation of the application.
(C) Materials for submittal. Applications for a special use permit shall include any materials deemed necessary by the Planning Director, his or her designee, or City Council to adequately show the location, design, configuration, and/or operations of the proposed use at the parcel.
(D) Approval process.
(1) Application. An application for a special use permit shall be filed by the owner of the property, or by an agent specifically authorized by the owner to file the application. Where an agent files the application, the agent shall provide documentation that the owner of the property has authorized the filing of the application. Each application for a special use permit shall contain all required information. Incomplete applications shall not be accepted.
(2) Fees. Each application submitted to the City Council shall be accompanied by a fee, as provided in the schedule of fees relative to planning and zoning established by resolution of the City Council, to defray the expense of processing the application.
(3) Notice of hearings. Prior to a public hearing, notice of hearings on special use permit applications shall follow § 21.71 (B).
(4) Procedure. Following notice as required in § 21.71(B), the City Council shall hold a quasi-judicial public hearing per § 21.72(B) through(E).
(5) Decision. After conducting the public hearing, City Council shall:
(a) Approve the request;
(b) Approve the request with conditions;
(c) Deny the request; or
(d) Continue the hearing.
(E) Standards for a decision.
(1) Before a request for a special use permit is granted, City Council must show that all of the following standards are met:
(a) The use will not materially endanger the public health or safety if located where proposed and developed according to the plan as submitted and provided.
(b) The use meets all required conditions and specifications.
(c) The use will not substantially injure the value of adjoining or abutting property, or, alternatively, that the use is a public necessity.
(d) The proposed use is in harmony with adjacent uses in terms of location, scale, site design, hours of operation and operating characteristics.
(e) The proposed use is in general conformance with adopted plans.
(2) The City Council may approve special use applications with additional conditions or requirements based upon the following standards, so as to assure that the aforementioned criteria have been addressed, however the City Council may not impose conditions on special use applications that the local government does not otherwise have statutory authority to impose:
(a) Placement. Specific placement of primary and/or accessory structures and/or uses.
(b) Parking spaces with ingress and egress. Location of on-site parking, designated loading areas, and means of ingress/egress for all vehicles including service vehicles.
(c) Environmental impact. Compliance with laws, including but not limited to, floodplain and watershed regulations.
(d) Screening, buffering, and landscaping. Installation of screening, buffering, fencing and landscaping where necessary to protect adjacent property.
(e) Effect on nearby properties. Effects of proposed use on nearby properties, including but not limited to, the effects of noise, odor, lighting, and traffic.
(f) Compatibility. The level of general compatibility with nearby properties and impacted neighborhoods, including but not limited to, the appropriateness of the scale, design, and use in relationship to other properties.
(g) Consistency with policy. Consistency with the city land use plan and applicable area plans, overlay purposes, and zoning district intent in this chapter.
(h) Other factors. Any other review factors which the City Council considers to be appropriate to the property in question.
(F) Expiration.
(1) A special use permit shall become null and void in any of the following cases:
(a) If a building permit and/or commencement of approved use has not been secured within one year after the date of approval by City Council.
(b) When the special use is changed to another use for more than 30 days, other than that for which the special use permit was issued; or the special use is discontinued or ceased for a continuous period of 180 days or more without the re-approval of City Council. Without the re-approval of City Council, the special use permit is null and void, and continuation of the special use is a violation of this chapter.
(c) If there is an expansion of use without the re-approval of City Council.
(d) If a substantial violation of the conditions of the permit, as determined by the Planning Director or designee, occurs.
(2) The addition of language to the special use permit regarding such voiding shall not be required.
(G) Re-submission of denied applications. No application for approval of a development project (special use, site plan, project plan) shall be filed with or accepted by the Planning Department if that project is identical or substantially similar to a special use application which has been denied by the City Council within one year of the final action by the City Council denying the request.
(H) Appeals. An appeal from the decision of the City Council regarding a special use application may be made by an aggrieved party, and shall be made to the Superior Court of Stanly County in the nature of certiorari. Any such petition to the Superior Court shall be filed with the court no later than 30 days after a written copy of the decision of the City Council is received by the applicant.
(I) Record keeping. Special use permits shall be recorded in the chain of title so that future purchasers of a property will by fully aware of all special use permit stipulations.
(Ord. 06-08, passed 4-3-06; Am. Ord. 15-19, passed 6-1-15; Am. Ord. 17-07, passed 3-20-17; Am. Ord. 21-02, passed 1-19-21; Am. Ord. 21-26, passed 7-12-21)
(A) The city may adopt temporary moratoria on any city development approval required by law. The duration of any moratorium shall be reasonable in light of the specific conditions that warrant imposition of the moratorium and may not exceed the period of time necessary to correct, modify, or resolve such conditions. Except in cases of imminent and substantial threat to public health or safety, before adopting an ordinance imposing a development moratorium with a duration of 60 days or any shorter period, the governing board shall hold a public hearing and shall publish a notice of the hearing in a newspaper having general circulation in the area not less than seven days before the date set for the hearing. A development moratorium with a duration of 61 days or longer, and any extension of a moratorium so that the total duration is 61 days or longer, is subject to the notice and hearing requirements of G.S. 160A-364. Absent an imminent threat to public health or safety, a development moratorium adopted pursuant to this section shall not apply to any project for which a valid building permit issued pursuant to G.S. 160A-417 is outstanding; to any project for which a special use permit application has been accepted; to development set forth in a site specific or phased development plan approved pursuant to G.S. 160A-385.1; to development for which substantial expenditures have already been made in good faith reliance on a prior valid administrative or quasi- judicial permit or approval; or to preliminary or final subdivision plats that have been accepted for review by the city prior to the call for public hearing to adopt the moratorium. Any preliminary subdivision plat accepted for review by the city prior to the call for public hearing, if subsequently approved, shall be allowed to proceed to final plat approval without being subject to the moratorium.
(B) Any ordinance establishing a development moratorium must expressly include at the time of adoption each of the following:
(1) A clear statement of the problems or conditions necessitating the moratorium and what courses of action, alternative to a moratorium, were considered by the city and why those alternative courses of action were not deemed adequate.
(2) A clear statement of the development approvals subject to the moratorium and how a moratorium on those approvals will address the problems or conditions leading to imposition of the moratorium.
(3) An express date for termination of the moratorium and a statement setting forth why that duration is reasonably necessary to address the problems or conditions leading to imposition of the moratorium.
(4) A clear statement of the actions, and the schedule for those actions, proposed to be taken by the city during the duration of the moratorium to address the problems or conditions leading to imposition of the moratorium.
(C) No moratorium may be subsequently renewed or extended for any additional period unless the city shall have taken all reasonable and feasible steps proposed to be taken by the city in its ordinance establishing the moratorium to address the problems or conditions leading to imposition of the moratorium and unless new facts and conditions warrant an extension. Any ordinance renewing or extending a development moratorium must expressly include, at the time of adoption, the findings set forth in division (B)(1) through (4) of this section, including what new facts or conditions warrant the extension.
(D) Any person aggrieved by the imposition of a moratorium on development approvals required by law may apply to the appropriate division of the General Court of Justice for an order enjoining the enforcement of the moratorium, and the court shall have jurisdiction to issue that order. Actions brought pursuant to this section shall be set down for immediate hearing, and subsequent proceedings in those actions shall be accorded priority by the trial and appellate courts. In any such action, the city shall have the burden of showing compliance with the procedural requirements of this division.
(Ord. 06-08, passed 4-3-06; Am. Ord. 21-02, passed 1-19-21; Am. Ord. 21-26, passed 7-12-21)
BOARD OF ADJUSTMENT
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