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A. An applicant may withdraw a rezoning application at any time, by filing a signed, written statement of withdrawal with the
.
B. The statement of withdrawal shall be signed by all persons who signed the application, or in the event of death or incompetence by the estate's lawful personal representative.
C. Any application that has not provided any requested revisions or materials within 120 days of the request shall be administratively withdrawn by the
, with no refund of fees. The applicant shall be notified of the pending withdrawal in writing or by email 30 days prior to the withdrawal.
(Ord. No. 3558, § 2, 7-7-09; Ord., 3-16-21)
A. An incomplete application may be resubmitted at the next application intake date according to the standard application submission procedure described herein.
B. Upon the denial or disapproval of an application (except for a rezoning application), an identical application may not be submitted.
C. Any resubmittal must meet at least one of the following criteria:
1. New or additional information has become available that may impact the application of review standards.
2. The new application incorporates different standards, e.g., new uses or changes in density.
3. A finding, by the approving body, that the final decision on the application was based on a material mistake of fact.
(Ord., 3-16-21)
A. The purpose of a neighborhood meeting is to inform neighbors of the
proposal, receive their comments, and potentially resolve any conflicts or concerns prior to the official hearing.
1. Applicability. At least one neighborhood meeting is required for
a. Rezonings / Map Amendments
b. Conditional Zonings
c. Special Use Permits
2. The neighborhood meeting shall be held after the preapplication conference and before the official application submittal.
3. The applicant shall hold the neighborhood meeting within the town’s ETJ in an accessible location that is proximate to the site or at a location that is centrally located within the town and at a time in the late afternoon or early evening that is convenient to most people that work daytime jobs.
5. The applicant shall submit a meeting summary identifying all issues raised and any resolution or explanation, a list of attendees, a list of addresses where notices were mailed, and a list of returned mail notices no later than ten (10) calendar days prior to the first reading or meeting of Planning Commission or Town Council.
(Ord. No. 3376, § 6, 1-17-06; Ord. No. 3558, § 2, 7-7-09; Ord. No. 3672, § 1, 10-1-2012; Ord. No. 3694, §§ 2, 3, 5-21-2013; Ord., 3-16-21)
A. Published. The shall place an advertisement on the Town’s official webpage once a week for two successive weeks. The first notice shall be published no less than ten (10) days and no more than 25 days prior to the hearing. The contents of the published notice shall include:
1. The general location (including a map for mailed notices).
2. The parcel number and/or
address.
3. A description of the action requested.
4. Current and proposed zoning districts (rezonings only).
5. The time and location of the anticipated public hearing.
6. Phone number and email of the appropriate applicant’s contact.
7. Phone number and email of the appropriate Town contact.
8. A statement that interested parties may appear at the hearing.
9. A statement that substantial changes to the proposed action may occur following the hearing.
B. Posted. The shall post a notice of application at a visible location on subject property no less than fourteen (14) days prior to the hearing. The contents of the posted notice shall include the Town’s general contact information and that a land decision is under consideration.
Commentary (1/1/2021): Note that NC GS §160D-602 requires posting a site 10-25 days before the hearing.
C. Mailed. The owner of the affected parcels and the owners of parcels within 300 feet shall be notified of the hearing by first class mail. For zoning map amendments, properties shall be considered abutting even if separated by a , railroad, or other transportation corridor or right-of-way. Mailed notices shall contain the same content as published notices outlined subsection A.
Commentary (1/1/2021): When a mailed notice involves properties within a HOA, it is best practice to send a letter directly to the HOA also.
1. Pursuant to G.S. § 160D-602(b), if a mailed notice for a zoning map amendment hearing includes at least fifty individual owners of at least fifty individual properties, the Town may instead elect to publish notice of the hearing as specified in Section 3.4.5. In this case, each advertisement shall be at ½ of a newspaper page in size. Property owners outside of the newspaper’s circulation area shall still be notified of the hearing via first class mail.
2. If a notice contains errors regarding the time, date, or location of the hearing or the location of the subject property, the notice shall be rendered inadequate. However, if a bona fide attempt resulted in any other minor or clerical defect in the notice, the notice shall remain valid. If questions of validity arise, the decision-making body shall make a formal finding of substantial compliance or lack thereof. If the decision-making body finds there is substantial compliance, it may then begin the proceedings for the case.
(Ord. No. 3558, § 2, 7-7-09; Ord., 3-16-21)
A. Modification of Application.
1. The applicant may agree to application modifications in response to questions or comments by persons appearing at the public hearing or to recommendations by the Town Council, Planning Commission or Board of Adjustment.
2. Unless such modifications are so substantial that the board cannot reasonably be expected to perceive the nature and impact of the proposed changes without revised plans before it, the Board may approve the application with the stipulation that the permit will not be issued until plans reflecting the agreed upon changes are submitted to the Planning Department.
3. The decision-making body may refer the case back to the recommending body for review, prior to further consideration. The decision-making body shall choose one of the following options:
a. Continue the hearing to a new date and time certain within 45 days in accordance with the provisions below.
b. Close the hearing and re-publish notice of any future hearing in accordance with this paragraph.
B. Continuation. The decision-making body may continue hearings without further notification so long as the motion to continue the hearing, made in open session, specifies the date and time of the hearing continuation.
C. Evidentiary Hearings. Pursuant to G.S. § 160D-406, evidentiary hearings shall be required as specified in Section 3.3.
1. Oaths. The acting chair of the decision-making body and the clerk to the board are authorized to administer oaths to all witnesses in evidentiary hearings.
2. Parties. Pursuant to G.S. § 160D-1402(c), the applicant, local government, and other appropriate parties shall have the right to participate at the hearing. Additional witnesses may present competent evidence pertaining to the case.
3. Evidence.
a. All findings and conclusions shall be based on substantial, competent, and material evidence. All competent evidence must be admissible in a court of law.
b. Competent evidence does not include the opinions of lay witnesses attesting to property value implications, traffic impacts, or other matters about which expert testimony would generally be admissible.
4. Meeting Record.
a. Kept pursuant to state public record retention laws.
(Ord., 3-16-21)
Within thirty calendar days after a final decision is made by the Town Council, Planning Commission, Board of Adjustment,
, or other review body under the requirements of this UDO, a copy of the written decision shall be sent to the applicant or appellant.
A. A copy of the notice shall be filed in the office of the
, where it shall be available for public inspection during regular office hours.
B. The written decision shall state the review body's findings, conclusions, and supporting reasons or facts whenever this UDO requires these as a prerequisite to acting.
(Ord., 3-16-21)
The
shall grant time extensions to approved and unexpired special use permits and administrative
approvals according to the provisions of this subsection.
A. To receive an extension, the permit holder must file a written request with the
. One extension is permitted per parcel per
approval.
B. Permit time extensions shall be limited to a period not to exceed 24 months from the date of the original permit expiration.
(Ord. No. 3558, §§ 1, 2, 7-7-09; Ord., 3-16-21)
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