(A) Applicability.
(1) Zoning permit required.
(a) A zoning permit shall not be issued for the following uses until a zoning permit application, prepared in accordance with Appendix A, has been approved:
1. Home occupations;
2. Change of use or new uses within commercial buildings; and
3. Temporary uses.
(b) Permits in divisions (A)(1)(a)1. and 2. above shall be valid for a period of one year. If the use has not started or a building permit has not been issued and not thereafter canceled, as applicable, the permit shall lapse and become void.
(c) Permits in division (A)(1)(a)3. above shall be valid for a period as authorized in Chapter 155.
(2) Zoning permit with plot plan required. A zoning permit shall not be issued for the following uses until a plot plan, prepared in accordance with Appendix A, has been approved:
(a) Single-family dwelling on a single lot;
(b) Manufactured home on a single lot;
(c) Two-family dwelling on a single lot;
(d) Residential additions or reconstruction;
(e) Patios/decks;
(f) Fences;
(g) Detached accessory structures (such as garages, carports, gazebos and the like);
(h) Retaining walls;
(i) Swimming pools; and
(j) New or enlarged parking areas or driveways, or paving a previously unpaved parking area on single lots used for single-family, manufactured home or two-family dwellings.
(3) Zoning permit with minor site plan required. A zoning permit shall not be issued for the following uses until a site plan, prepared in accordance with Appendix A, has been approved:
(a) Development of any new multi-family use;
(b) Development of any new nonresidential use of 75,000 square feet or less of total floor area;
(c) Redevelopment, renovation or alteration of multi-family or nonresidential uses; and
(d) New or enlarged parking areas or driveways, or paving a previously unpaved parking area, on multi-family or nonresidential sites.
(4) Zoning permit with major site plan required. A zoning permit shall not be issued for the following uses until a site plan, prepared in accordance with Appendix A, has been approved: development of any new multi-family use of five or more total units or nonresidential uses of more than 75,000 square feet of total floor area; or
(5) Sign permit required. A sign permit shall not be issued for any sign requiring a permit pursuant to Chapter 157, until a sign permit application, prepared in accordance with Appendix A, has been approved. No sign shall be erected, altered or maintained until a sign permit is issued, except in those instances where the requirement for a zoning permit is expressly waived.
(B) Exception. The Zoning Administrator may waive the requirement for a site plan or a plot plan if, in the Zoning Administrator’s judgment, it is determined that it is not necessary to complete the review of the permit application.
(C) Timing and submission. Requests for a zoning or sign permit shall be submitted to the Zoning Administrator by filing an application form. Plot plans and site plans shall be submitted to the Zoning Administrator in conjunction with the zoning permit application.
(D) Coordination with other procedures. To lessen the time required to obtain all necessary approvals, the plot plan and site plan approval process may run concurrently with building plan review or other applications for approvals required for the particular project.
(E) Zoning permit review and approval. The Zoning Administrator shall issue the zoning permit unless the Administrator determines, after reviewing the application and consulting with the applicant, that:
(1) The requested permit is not within the authority of the Zoning Administrator according to the Table of Permitted Uses;
(2) The application is incomplete; or
(3) If completed as proposed in the application, the development will not comply with one or more requirements of the UDO.
(F) Site plan and plot plan review and approval.
(1) Site plan and plot plan compliance. Site plans and plot plans shall contain all applicable information listed in Appendix A. Site plans may serve as the preliminary subdivision plat if developed to required standards, according to Chapter 158.
(2) Approval of site/plot plan. The site plan or plot plan shall be approved when it meets all requirements of the UDO or proper waivers and/or variances are obtained.
(3) Approval authority.
(a) Plot plans submitted with zoning permit applications shall be approved by the Zoning Administrator.
(b) Minor site plans submitted with zoning permit applications shall be approved by the Zoning Administrator.
(c) Major site plans submitted with zoning permit applications shall be approved by the Board of Commissioners.
(d) Site plans submitted with special use permit applications shall be approved by the Board of Adjustment.
(e) Plot plans and site plans may be referred to other city departments for review and recommendations.
(4) Conditional site plan approvals. If the site plan is granted conditional approval, the applicant shall revise and resubmit the site plan. The Zoning Administrator shall review the revised site plan and, if it meets all the approval conditions and is otherwise substantially unaltered, shall signify on the plan the change from conditional approval to approval. If the site plan is not revised within 60 days from the date of conditional approval, or the applicant notifies the Zoning Administrator that he or she is unwilling to revise the site plan, it shall be deemed denied.
(5) Site plans with street and utility construction.
(a) Plans. When required, street and utility construction plans for all public or private streets, and water, sanitary sewer and storm sewer facilities shall be submitted to the applicable authority following conditional approval or approval of the site plan. A recommendation from the City Engineer is required prior to the approval of street and utility construction plans. For each phase of the site plan, street and utility construction plans shall include all improvements lying within or adjacent to that section as well as all water and sanitary sewer lines lying outside that section and being required to serve that section.
(b) No construction without plan approval. None of the improvements listed above shall be constructed until the street and utility construction plans for the improvements have been reviewed and approved by the applicable authority.
(c) Inspections. Work performed pursuant to approved street and utility construction plans shall be inspected and approved by the appropriate authority.
(d) Detention ponds and soil erosion and sedimentation control devices installation. Any approved wet detention pond(s) and soil erosion and sedimentation control device(s) may be installed prior to approval of street and utility construction plans.
(6) Detailed design requirements with site plans.
(a) Detailed or technical design requirements and construction specifications relating to various types of improvements (streets, utilities and the like) are set forth in Chapters 156 through 158 and Appendices A through C.
(b) It is not necessary that the permit application contain the type of detailed construction drawings that would be necessary to determine compliance with these sections or appendices, so long as the plans provide sufficient information to allow the permit-issuing authority to evaluate the application in the light of the substantive requirements set forth in the text of the UDO. However, whenever the UDO requires a certain element of a development to be constructed in accordance with the detailed requirements set forth in one or more of these sections or appendices, then no construction work on the element may be commenced until detailed construction drawings have been submitted to and approved by the NCDOT, the applicable utility provider, or other appropriate approval authority.
(c) Failure to observe this requirement may result in permit revocation, denial of final subdivision plat approval, or other penalty as provided in Chapter 162.
(G) Sign permit review and approval. The Zoning Administrator shall issue the sign permit unless the Administrator determines, after reviewing the application and consulting with the applicant, that:
(1) The requested permit is not in compliance with the requirements of Chapter 157; or
(2) The application is incomplete.
(Ord. passed 7-25-2011; Ord. 21-O-04, passed 6-28-2021)