3.1 COMMON REVIEW AND APPROVAL PROCEDURES
3.1.1 Authority to File Applications
3.1.2 Form of Application
3.1.3 Processing Fees
3.1.4 Application Completeness
3.1.5 Pre-Application Conferences
(A) Applicability
(B) Initiation of Pre-Application Conference
(C) Pre-Application Conference Content
3.1.6 Notice Requirements
(A) Content of Notices
(B) Published Notice
(C) Written (Mailed) Notice
(D) Posted Notice
(E) Constructive Notice
(F) Type of Notice
(G)
[Reserved]
(H) Expanded Published Notice Authorized
3.1.7 Hearing Procedures
3.1.8 Conditions of Approval
3.1.9 Simultaneous Processing of Development Applications
3.1.10 Owner-Initiated Annexation Petitions
3.1.11 Processing Cycles
3.1.12 Inaction by Review and Decision-Making Bodies
3.1.13 Lapse of Approval
3.1.14 Discontinuance of Application Review; Permit Expiration
3.1.15 Development Approval
3.1.16 Revocation of Development Approval
3.2 AMENDMENTS TO THE COMPREHENSIVE PLAN
3.2.1 Cosmetic Amendments to the Comprehensive Plan
3.2.2 Regular Review of the Comprehensive Plan
3.2.3 Initiation of Comprehensive Plan Amendment by Town Council
3.2.4 Substantive Amendments to the Comprehensive Plan
(A) Procedure
(B) Standards of Review
3.3 AMENDMENTS TO THE TEXT OF THE LAND DEVELOPMENT ORDINANCE
3.3.1 Purpose and Scope
3.3.2 Procedure
(A) Initiation of Amendments and Filing of Applications
(B) Public Hearing; Public Notice
(C) Planning Director Review, Report, and Recommendation
(D) Review by Planning and Zoning Board
(E) Town Council Action
3.3.3 Approval Criteria For Text Amendments
3.3.4 Effect of Decision on Successive Applications
(A) Effect of Denial
(B) Effect of Approval
3.4 REZONINGS
3.4.1 Rezonings Generally
(A) Purpose and Scope
(B) Conditional Use and Flexible Use District Rezonings Distinguished
(C) Relationship to the Comprehensive Plan
(D) Procedure
(E) Rezoning Considerations
(F) [Reserved]
(G) Waiting Period for Subsequent Applications
(H)
[Reserved]
(I) Repair of Zoning Map Errors
3.4.2 Rezonings to Conditional Use Districts
(A) Purpose of Conditional Use Districts
(B) Process Required
(C) Conditions
(D) Changes to Conditions of Approved Conditional Use District
3.4.3 Rezonings to Planned Development Districts
(A) Applicability and Scope
(B) Rezoning Procedures Apply
(C)
Coordination with Review of Development Plans
(D) Procedure
(E) Considerations
(F) Effect of Approval
(G) Submission of Conditions
(H) Changes to Conditions of Approved Planned Development District
3.4.4 Rezonings in the Town Center (TC) District and Walnut Street Corridor Transition (CT) District
3.4.5 Rezonings to Mixed Use District (MXD)
(A) Applicability
(B) Application
(C) Review and Approval Process
(D) Effect of Approval
(E) Changes to Approved MXD Districts
(F)
Eligibility for Zoning Amendments
(G) Waiting Period for Subsequent Applications
3.5 ACCESSORY USE PERMITS
3.5.1 Purpose
3.5.2 Applicability
3.5.3 Procedures
3.6 PERMITTED USES
3.7 TEMPORARY USES
3.7.1 Temporary Use Permit Required
3.7.2 Filing and Contents of Application
3.7.3 Filing Deadline
3.7.4 Approval Criteria
3.7.5 Duration of Permit
3.7.6 Temporary Structure Permit Required
3.8 SPECIAL USES
3.8.1 General Provisions
(A) Purpose and Applicability
(B) Relationship to Development Plan Requirements
(C) Special Uses in Nonconforming Structures or Lots
3.8.2 Procedures
(A) Pre-Application Conference
(B) Filing of Application and Content Requirements
(C)
Notice and Conduct of Quasi-Judicial Evidentiary Hearings
(D) Planning Director Review and Report
(E) Town Council Review and Decision
3.8.3 Approval Criteria
3.8.4 Effect of Approval or Denial
(A) Conditions
(B) Subsequent Permits and Approvals
(C) Transferability of Approval
(D) Resubmission of Denied Applications
(E) Recording of Approved Special Uses
3.8.5 Changes to Terms and Conditions of Approval
3.8.6 Appeal
3.9 SUBDIVISION PLATS AND DEVELOPMENT PLANS
3.9.1 Purpose and Structure of This Section; Applicability
3.9.2 Common Procedures for Review and Approval of Development Plans
(A) Pre-Application Conference Required
(B) Application Materials
(C) Owner-Initiated Annexation Petition Required
(D)
Coordination of Plan Review with Special Use and/or Subdivision Plat Review
(E) Plans in Nonconforming Structures or Lots
(F) Approval Authority
(G)
Planning Director Review and Approval Process
(H) Town Council and Zoning Board of Adjustment Review and Approval Process
(I) Approval Criteria
(J) Recording of Instrument for Required Dedications
(K) Effect of the Plan Approval
(L) Effect of Decision on Successive Applications
(M) Changes to Approved Plans
3.9.3 Subdivisions of Land
(A) Purpose
(B) Applicability
(C)
Prerequisites for Other Approvals
(D)
[Reserved]
(E) Review and Approval of Final Plats
(F) Actions by Register of Deeds
(G) Restriction on Sale or Transfer of Subdivided Land without Approved Plat
3.9.4 [Reserved]
3.10 [RESERVED]
3.11 RE-USE/REDEVELOPMENT PLANS
3.11.1 Intent
3.11.2 Changes Allowed for Nonconformities
3.11.3 Eligibility Requirements
3.11.4 Limitations
3.11.5 Dedication and Roadway Improvements
3.11.6 Required Improvements and Plan Submittal Requirements
3.11.7 Exceptions for Required Improvements
3.12 DEVELOPMENT IN FLOOD HAZARD AREA
3.12.1 Floodplain Administrator
3.12.2 Permit and Approval Requirements
(A) Compliance Required
(B) Establishment of Floodplain Development Permit
(C) Additional Requirement for Non-Residential Structures Located within the Flood Hazard Area
3.12.3 Approval Procedure
3.12.4 Appeals
3.13 GRADING PERMITS
3.13.1 Purpose and Scope
(A) Applicability
(B) Exemptions from All Grading Standards and Permit Requirements
(C) Exemptions from Grading Permit Requirements
3.13.2 Application Requirements
3.13.3 Review and Approval
3.13.4 Approval Criteria
3.13.5 Effect of Approval; Certificate of Erosion Control Compliance
3.13.6 Responsibility for Maintenance and Additional Erosion Control Measures
3.13.7 Changes to Approved Erosion Control Plans
(A) Changes Initiated by Department
(B) Changes Initiated by Applicant
3.14 BUILDING PERMITS
3.14.1 Building Permit Required
3.14.2 Application Requirements
3.14.3 Approval Procedure; Duration of Approval
3.14.4 Notification and Approval Before Construction Begins
3.14.5 Changes to Approved Permits
3.14.6 Revocation of Building Permit
3.15 CERTIFICATES OF OCCUPANCY
3.15.1 Certificate of Occupancy Required
3.15.2 Approval Procedure
3.16 SIGN PERMITS
3.16.1 Permits Required for Sign
3.16.2 Permits to be Consistent with This Chapter
3.16.3 Application Requirements
3.16.4 Approval Procedure
3.16.5 Lapse of Sign Permit
3.16.6 Reserved
3.16.7 Removal of Signs Upon Discontinuation of Use
3.17 SITE-SPECIFIC VESTING PLANS; VESTED RIGHTS
3.17.1 Purpose
3.17.2 Establishment and Effect of Site-Specific Vesting Plan
3.17.3 Vested Rights Period
3.17.4 Procedure
(A)
Applicability; application
(B) Notice and Conduct of Public Hearings
(C) Effect of Denial or Withdrawal of Application
3.17.5 Exceptions
3.17.6 Amendments to Approved Plan
(A)
Amendments approved by Planning Director
(B) Changes Requiring Approval of the
Zoning Board of Adjustment
(C) Changes Requiring a Variance
3.17.7 Provisions to Which Vesting Does Not Apply
3.17.8 Statutory and Common Law Vested Rights; Owner-Initiated Annexation
3.18 ADEQUATE PUBLIC SCHOOL FACILITIES (REPEALED 9/9/04)
3.19 MINOR MODIFICATIONS
3.19.1 Minor Modifications to Development and Zoning District Standards
(A) Applicability
(B) Exceptions to Authority to Grant Minor Modifications
(C) Procedure
(D) Conditions
(E) Approval Criteria
3.19.2 Minor Modifications to Approved Development
Plans,
Plats, and PDD, MXD, and Conditional Use Zoning Districts
(A)
Approved Development Plans or Plats
(B)
Approved PDD, MXD, or Conditional Use Zoning Districts
3.19.3 Minor Building Encroachments into Required Setbacks
3.20 VARIANCES
3.20.1 Purpose and Scope
3.20.2 Provisions From Which Variances Are Allowed
3.20.3 Application Requirements; Determination of Completeness
(A) Persons Authorized to File Applications
(B) Pre-Application Conference
(C) Application Filing
3.20.4 Action by the Zoning Board of Adjustment
3.20.5 Approval Criteria
3.20.6 Effect of Approval or Denial
3.20.7 [Reserved]
3.20.8 Appeal
3.21 APPEALS OF ADMINISTRATIVE DECISIONS
3.21.1 Purpose and Scope
3.21.2 Decisions That May Be Appealed
3.21.3 Filing of Appeal; Effect of Filing
3.21.4 Action by the Zoning Board of Adjustment
3.21.5 Effect of Reversal or Modification
3.21.6 Appeal from Zoning Board of Adjustment
3.22 RESERVED
3.23 RESERVED
3.24 REIMBURSEMENT AGREEMENTS
3.24.1 Reimbursement Agreements
(A) Authority
(B) Municipal Infrastructure Reimbursement Agreements
(C) Public Enterprise Reimbursement Agreements
(D) Intersection and Roadway Improvement Agreements
3.24.2 Development Agreements
3.25 REASONABLE ACCOMMODATION
3.25.1 Authority and Purpose
3.25.2 Application Requirements; Determination of Completeness
(A) Persons Authorized to File Applications
(B) Pre-Application Conference
(C) Application Filing
3.25.3 Action by the Zoning Board of Adjustment
3.25.4 Approval Criteria
(A) "Reasonable"
(B) "Necessary"
3.25.5 Effect of Approval or Denial
3.25.6 [Reserved]
3.25.7 Appeal
3.26 ZONING COMPLIANCE PERMIT
3.26.1 Applicability
3.26.2 Approval Procedures
(A) Submittal
(B) Planning Director Decision
(C) Actions Subsequent to Decision
3.26.3 Additional Provisions Applicable to Specific Uses
(A) Group Homes and Family Care Home
3.27 HISTORIC PRESERVATION
3.27.1 Designation of Historic Districts/Historic Landmarks
(A) Historic District Designation
(B) Historic Landmark Designation
3.27.2 Certificates of Appropriateness
(A) Certificate of Appropriateness Required
(B) Certificate of Appropriateness - Minor Works (Minor COA)
(C) Certificate of Appropriateness - Major Works (Major COA)
(D) Certificate of Appropriateness - Demolition of Landmarks or of Buildings within Historic Districts