(A) Administrative development approval.
Administrative approval includes:
(1) Minor site plans. Includes the following:
(a) Buildings or additions with an aggregate enclosed square footage of less than 20,000 square feet;
(b) Buildings or additions involving land disturbance of less than one acre;
(c) Multi-family development involving less than ten dwelling units;
(d) Parking lot expansions which comply with this Unified Development Ordinance with no increase in enclosed floor area;
(e) Revision to landscaping, signage or lighting which comply with the requirements of this Unified Development Ordinance;
(f) Accessory uses which comply with the requirements of this Unified Development Ordinance; and
(g) Site plans which do not require a variance or modification of the requirements of this Unified Development Ordinance, and otherwise comply with this UDO.
(2) Minor subdivisions. Includes all subdivisions that do not involve a public street dedication, public easement dedication, dedication of floodplain and open space, or other property dedication; or a subdivision containing ten lots or less.
(3) Engineering drawings. Engineering drawings; and
(4) Final plats. Final plats.
(5) Note: A sketch plan and/or pre-application meeting is not required for a final plat submittal.
Administrative Approval Flowchart
Note: A certificate of occupancy cannot be issued, nor a lot conveyed without final plat approval and recordation.
(B) Development approval application/zoning verification. A development approval application shall be submitted and zoning verified by the UDO Administrator. If the zoning is in agreement, the applicant may proceed with submittal of site plan, plats or drawings. If the proposed development is not zoning compliant, the applicant must request a rezoning (see § 91.50) or a variance (see § 91.54(B)) before proceeding with site plan, plat or drawing submittal.
(C) Minor site plan, minor subdivision plat or drawings submitted for review. A plan of the proposed development shall be submitted in accordance with §§ 91.65 through 91.67, and shall be accompanied by the completed application and payment of a fee as adopted by the Board of Commissioners (see § 91.34).
(D) Staff review. The UDO Administrator may circulate the plan to relevant governmental agencies and officials. The reviewing government agencies and officials may include, but not necessarily be limited to, the following:
(1) UDO Administrator;
(2) Town Administrator;
(3) Police Department;
(4) Town Engineer or consulting engineer;
(5) Town Attorney;
(6) Other town representatives appointed by the Town Administrator;
(7) Utilities providers;
(8) Brunswick County Health Department;
(9) Brunswick County Board of Education;
(10) Cape Fear Area Rural Planning Organization;
(11) State Department of Transportation;
(12) State Department of Environment and Natural Resources;
(13) U.S. Army Corps of Engineers; and
(14) Calabash Fire Department.
(E) Approval. If the site plan, engineering drawings or final plat is found to meet all of the applicable regulations of this Unified Development Ordinance, then the UDO Administrator shall issue a development approval for site plans or approve final subdivision plats.
(F) Appeal of administrative denial. Administrative denial of an application for development approval may be appealed by the applicant to the Planning Board within 30 days following written notification of denial by the UDO Administrator.
(G) Certificate of zoning compliance.
(1) No land shall be used or occupied and no building hereafter constructed, structurally altered, erected or moved, shall be used, or its use changed until a certificate of zoning compliance shall have been issued by the UDO Administrator stating that the building or the proposed use thereof complies with the provisions of this Unified Development Ordinance.
(2) A certificate of zoning compliance, either for the whole or a part of a building, shall be applied for prior to the application for a building permit and shall be issued together with the building permit.
(3) Application for certificate of zoning compliance: each application for a preliminary certificate of zoning compliance shall be accompanied by a site plan (if not already submitted in accordance with division (C) above) in duplicate, drawn to scale, one copy of which shall be returned to the owner upon approval. The plan shall show the following:
(a) The shape and dimensions of the lot on which the proposed building or use is to be erected or constructed;
(b) The location of the lot with respect to adjacent rights-of-way;
(c) The shape, dimensions and location of all buildings, existing and proposed, on the lot;
(d) The nature of the proposed use of the building or land, including the extent and location of the use on the lot;
(e) The location and dimensions of off-street parking and the means of ingress and egress to the space; and
(f) Any other information which the UDO Administrator may deem necessary for consideration in enforcing the provisions of this Unified Development Ordinance. The UDO Administrator may waive any of the above requirements which may not be applicable or otherwise deemed necessary by the UDO Administrator.
(H) Building permit required.
(1) No building or other structure shall be erected, moved, added to, demolished or structurally altered without a building permit issued by the Building Inspector and a zoning permit issued by the UDO Administrator. No building permit shall be issued by the Building Inspector except in conformity with the provisions of the State Building Code and this Unified Development Ordinance unless he or she receives a written order from the Board of Adjustment in the form of a variance to this Unified Development Ordinance as provided for by this Unified Development Ordinance.
(2) Application for building permit: all applications for building permits shall be accompanied by plans, including a survey not more than six months old, as specified by the State Building Code. The application shall include other information as lawfully may be required by the Building Inspector, including existing or proposed building or alteration; existing or proposed uses of the building and land; the number of families, dwelling units or rental units the building is designed to accommodate; conditions existing on the lot; floodplain development permit; and any other matters as may be necessary to determine conformance with, and provide for the enforcement of this Unified Development Ordinance. A minimum of two copies of the plans shall be required. One copy of the plans shall be returned to the applicant by the Building Inspector, after he or she shall have marked the copy either as approved or disapproved and attested to same by his or her signature on the copy. One copy of the plans, similarly marked, shall be retained by the Building Inspector.
(I) Inspections and certificates of occupancy.
(1) No new building, or part thereof, shall be occupied, and no addition or enlargement of any existing building shall be occupied, and no existing building after being altered or moved shall be occupied, and no change of use shall be made in any existing building or part thereof, until the Building Inspector has issued a certificate of occupancy.
(2) A certificate of occupancy shall be applied for subsequent to or concurrent with the application for a certificate of zoning compliance and shall be issued within five business days after the erection or structural alteration of such building or part shall have been completed in conformity with the provisions of this Unified Development Ordinance. A temporary certificate of occupancy for a portion of a structure may be issued for a portion or portions of a building which may safely be occupied prior to final completion and occupancy of the entire building or for other temporary uses. A certificate of occupancy shall not be issued unless the proposed use of a building or land conforms to the applicable provisions of this Unified Development Ordinance. 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 for a period of time in accordance with the State Department of Cultural Resources requirements (G.S. § 132-8) and copies shall be furnished on request to any persons having a proprietary or tenancy interest in the building or land involved.
(3) For all developments, excluding single-family residential uses, prior to the issuance of a certificate of occupancy by the Building Inspector, a final zoning inspection shall be conducted to ensure that the approved plan has been followed and all required improvements have been installed to town standards. The Board of Commissioners must have accepted all publicly dedicated improvements contingent upon the recordation of the final plat or provision of performance guarantees approved by the Board of Commissioners as specified in § 91.67(E)(4).
(4) For minor site plans and minor subdivision final plats, an as-built survey and as-built construction drawings shall be submitted to the UDO Administrator by the developer upon completion of the building foundation to ensure that setbacks and building orientation match the approved site plan. If the survey shows that the placement of the building is incorrect, then the UDO Administrator shall issue a stop-work order and all construction shall be halted until the problem is remedied.
(Ord. eff. 9-6-2012, § 5.3; Am. Ord. 21-1, passed 9-17-2020)