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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)
A.
s shall submit a phasing plan for developments that will be completed in phases. The phasing plan shall include drawings of each phase and schedule of any associated improvements to be completed during the phase. Any
approval or permit shall be contingent on the drawings and the approved schedule.
B. Each phase of a proposed
shall include the infrastructure and other required elements of this Ordinance for each phase to stand alone.
C. The provisions of this Ordinance shall apply to each phase of
as if it stood alone.
(Ord., 3-16-21)
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