(A) Purpose.
(1) Nontraditional residential lot developments as listed in § 155.02(D), are intended to permit and encourage, on application and approval of detailed development plans, establishment of new developments for specified purposes where tracts of land suitable in location, area and character are to be planned and developed as a whole and in a unified manner.
(2) The nontraditional residential lot development process established in this section provides for the accommodation of the uses by a reclassification of a property into a conditional zoning district, subject to regulations and conditions specified in the developer’s master plan. The approved master plan and associated preliminary and final site plans shall be the basis for control of land development within the conditional zoning district.
(4) Rezoning to a CD is a voluntary rezoning procedure that is intended for firm development proposals. It is not intended or suited for securing early zoning for tentative proposals that may not be undertaken for some time.
(5) The Technical Review Committee, Planning Board and Board of Commissioners shall review the master land use plan, proposed CD change application and preliminary and final site plans for consistency with the City CAMA Comprehensive Land Use Plan, as well as compliance with this chapter and all other chapters of the UDO, including 154 through 158. The nontraditional lot development shall provide appropriate relationships between uses around the boundaries and uses within the development so as to ensure that no property will be adversely affected.
(6) A nontraditional residential lot development shall be approved as Conditional Zoning District designation , pursuant to nontraditional lot development regulations specified in § 154.03, the development standards and use regulations defined in Chapter 155, all applicable environmental regulations of Chapters 50 through 54 and 156, and all applicable general regulations set forth in Chapter 157.
(7) Where nontraditional residential lot developments are permitted, regulations adapted to the unified development (through an approved master plan) are intended to accomplish the purposes of zoning and subdivision regulations and other applicable regulations to the same degree as in cases in which those regulations are intended to control development on a lot-by-lot rather than unified basis.
(8) Approval for construction of any on-site or off-site improvements in a nontraditional lot development shall not be granted until a master plan and preliminary and final site plans for the development are approved in accordance with the procedures and requirements of this section.
(B) Process required.
(1) Conditional zoning district and master plan process.
(a) The applicant shall submit to the Zoning Administrator 11 copies of a conditional zoning district application, a proposed master land use plan containing all elements listed in division (B)(2) below, and all supplementary materials requested by the Zoning Administrator.
(c) After the city has delivered to the newspaper the notice of public hearing for the application, the applicant shall make no changes to the conditions that are less restrictive than those stated in the application, including, but not limited to, smaller setbacks; more dwelling or rooming units; greater height; more access points; new uses; and fewer improvements. However, more restrictive conditions or additional conditions may be added to the application if the conditions are received by the Planning Department in writing and signed by all owners of the property at least ten working days before the date scheduled for final Board of Commissioners action on the application.
(2) Master plan contents.
(a) The master plan shall be mapped to one inch equals 100 feet scale or larger and show the proposed development and how it relates to its surroundings, including the following information:
1. The location of major building types;
2. Total acreage of the development as well as each legal parcel being combined to create the district, plus the acreage for each distinct development area planned within the district;
3. Major traffic, parking and pedestrian circulation plans within the development;
4. Major physical features including soils, topography, existing structures and uses, drainage, flora and fauna, and other physical information to help describe the suitability of the site for planned development;
5. Ownership arrangements for the development, both present and planned;
6. Planned open space, parks and active recreation areas to be preserved or developed either by the developer, through a homeowners association, by dedication to the city or county for their development or by reservation for the city or county as is required by the subdivision regulations;
7. Landscaping (buffer yard/ street yard);
8. Sketch plans for construction of water and sewage disposal systems to comply with city standards, and the appropriate state and county authorizing agency;
9. Sketch plans for access of firefighting equipment and refuse disposal such as compactors and waste disposal dumpsters;
10. Sketch plans for underground utilities and lighting; and
11. Sketch plans for adequate underground storm drainage systems.
(b) A Letter of Intent, which describes the following:
1. Anticipated time frame for starting and completing any and all phases of the development;
2. Number and types of buildings and uses anticipated in each;
3. Quantitative data, including acreages of all current and proposed parcels, and acreages of each proposed land use and type;
4. A description (legal) of the total site proposed for development including the names and addresses of adjacent property owners;
5. Planned organizational arrangements for providing for ownership, maintenance and preservation of common open space, and other property;
6. Anticipated gross and net residential densities (units per acre);
7. Anticipated architectural housing style and mixing of types;
8. Anticipated commercial elements; and
9. Any other anticipated nonresidential elements such as:
a. Approximate percentage of land to be covered by buildings and parking areas; and
b. Proposed uses, number, architectural style and types of all buildings.
(3) Preliminary site plan process.
(a) Submittal.
1. After the required master plan has been approved by the Board of Commissioners, the developer shall submit 11 copies of a preliminary site plan, containing all elements listed in division (B)(4) below, to the Zoning Administrator.
2. The Zoning Administrator shall forward the preliminary site plan to the TRC for its review.
(b) Technical Review Committee (TRC). The TRC shall review the preliminary site plan according to § 160.13(A)(5) as well as whether the plan is conforms to the adopted Master Plan associated with the conditional zoning district request, and submit its recommendation in writing to the Planning Board.
(c) Planning Board.
1. The developer or his or her agent shall come to the Planning Board meeting to assist the Board in reviewing the preliminary site plan.
2. Before recommending approval of a preliminary site plan, the Planning Board may make reasonable additional requirements in cooperation with the developer and concerning, but not limited to: elements of the plan that are not consistent with the master plan and conditional zoning district request, the limitations of uses, unit densities, planned landscaping, paving and location of access ways, taking into consideration the character of the surrounding area so as to provide proper transition of land uses that will fit into the city’s land development plan.
3. The Planning Board shall discuss with the developer changes deemed advisable, if any, and the kind and extent of improvements to be made by the developer. The Planning Board may require the developer to revise the plan before it is submitted to the Board of Commissioners.
4. After discussing the proposed site plan with the developer, evaluating the plan pursuant to G.S. § 160.13(A)(5), as well as the master plan for the property, and considering the recommendations and comments from the Technical Review Committee, the Planning Board will forward the preliminary site plan along with its own comments and recommendations to the Board of Commissioners which shall approve, approve conditionally, or disapprove the preliminary plan.
(d) Board of Commissioners.
1. The Board of Commissioners shall approve, approve conditionally, or disapprove the preliminary plan.
2. If the preliminary site plan is approved by the Board of Commissioners, approval shall be noted on two prints of the plan by the Board of Commissioners. One print of the plan shall be transmitted to the developer and the second approved print shall be retained by the Board of Commissioners.
3. In the case of conditional approval, the reasons for conditional approval and the conditions to be met shall be specified in writing. One copy of the reasons and conditions, along with one print of the plan, shall be retained by the Board of Commissioners and a print of the plan with the reasons for conditional approval shall be given to the developer and the Planning Board. The Board of Commissioners may require the developer to submit a revised preliminary site plan including the recommended changes before approving the plan.
4. Upon approval or conditional approval of the preliminary site plan by the Board of Commissioners, the developer may proceed with the installation or arrangement of the required improvements in accordance with the preliminary site plan as approved and the requirements of this chapter, and with the preparation of the final site plan.
5. When a preliminary site plan is disapproved, the Board of Commissioners shall specify the reasons for the action in writing. One copy of the reasons and one print shall be retained by the Board of Commissioners, and a print of the plan with the reasons for disapproval shall be given to the developer and the Planning Board.
(e) Timing. The Technical Review Committee, Planning Board and Board of Commissioners are not required to make their recommendations or decisions on a proposed preliminary site plan within any specific period of time, but it should proceed as expeditiously as practical since inordinate delays can result in the petitioner incurring unnecessary costs.
(4) Preliminary site plan contents.
(a) Phased development. When a nontraditional lot development is to be developed in stages, the preliminary site plan shall be submitted for the entire development. A final site plan (see division (B)(5)) may be submitted for each stage.
(b) The preliminary site plan shall be prepared in accordance with Appendix A.
(c) Supplementary materials that must accompany the preliminary site plan:
1. A copy of the restrictive or protective covenants applicable to the development;
2. The proposed plans for land clearance (unless waived by the Planning Board);
3. Public water supply system plans, including the layout and details of mains, approved by a registered engineer licensed to practice in the state;
4. Method of surveying roads, access map, and parking areas;
5. An architectural design sketch of how a typical building will look after completion, or a preliminary architectural design sketch of how the whole project will look after completion, or a photographic display of a similar completed development that the applicant has already been involved with, or equivalent information;
6. Copies of any declaration to be recorded pursuant to the North Carolina Condominium Act;
7. For all condominium projects or similar cooperative ownership projects - a copy of the condominium documentation;
8. For all townhouses or row houses in condominium projects - a copy of the proposed restrictive covenants, easements for the common walls and a copy of the proposed deed for sale of a unit; and
9. For all rental or leased units or buildings - a declaration by the developer or owner of the provisions for maintaining the development.
(5) Final site plan process.
(a) Submittal.
1. Upon the installation or suitable guarantee of the improvements shown in the approved preliminary site plan, as is provided in Chapter 158, the applicant shall submit a final site plan of the area.
2. The developer shall submit one original and 11 copies of the final site plan, constituting that portion of the approved preliminary site plan that he or she proposes to record and develop first.
3. The one original and 11 copies of the final site plan shall be submitted to the Zoning Administrator within 12 months after approval of the preliminary site plan, otherwise, the preliminary site plan approval shall become null and void unless an extension of time is applied for and granted by the Planning Board.
(b) Purpose.
1. The purpose of this final site plan is to review and check the improvements (installed or guaranteed) by comparing the approved preliminary site plan to the final site plan.
2. All improvements must be installed or guaranteed in accordance with Chapter 158 prior to approval of the final site plan.
(c) Technical Review Committee.
1. Technical Review Committee (TRC) shall check the final site plan against the approved preliminary site plan.
2. The TRC shall check the final site plan in the field or it may appoint an engineer to check the final site plan against the developer’s actual layout for correctness, charging the costs to the subdivider if the plat is found to be in error.
3. The TRC will submit the conclusions of its review in writing to the Planning and Inspections Director for final action.
(d) Planning and Inspections Director.
1. The final site plan, along with the conclusions of the Technical Review Committee, shall be reviewed by the Planning and Inspections Director.
2. If the final site plan is found to be in compliance with this chapter as well as other applicable chapters, including Chapter 158, the Planning and Inspections Director shall either approve or disapprove the plan.
3. If the final site plan is not in compliance with this chapter, or the Planning and Inspections Director does not approve the changes from the approved preliminary site plan, the developer shall be given an opportunity to submit a revised final site plan.
4. If a revised final site plan is not submitted within 60 days, the final site plan shall be void.
5. Approval of the final site plan by the Planning and Inspections Director is authorization for the developer to file the final site plan with the Register of Deeds of the county for recording.
6. Approval by the Planning and Inspections Director shall be noted on the appropriate certificate on five copies of the final site plan and the original.
a. No final site plan shall be approved until all required improvements are installed, or suitable arrangements have been made to ensure installation and the certificates required by this chapter to appear on the final site plan have been properly filled out and signed.
b. The developer shall file the approved final site plan with the Register of Deeds within 90 days after the approval of the Planning and Inspections Director or the approval shall be void.
c. If the Planning and Inspections Director should disapprove the final site plan, the reasons for the action shall be stated in writing. One copy of the reasons with the original drawing and remaining prints of the proposed planned development shall be transmitted to the developer.
(6) Final site plan contents.
(a) The final site plan shall be prepared by a registered surveyor and/or engineer in accordance with Appendix A.
(b) The final site plan shall show or be accompanied by the additional, supplementary materials and certifications in accordance with Appendix A.
(C) Building permits and certificates of compliance.
(1) Prior to a building permit being issued for the construction of any building or structure of a nontraditional lot development, there shall have been recorded in the office of the County Register of Deeds the final site plan of the property, or approved section thereof.
(2) Upon approval and filing of final site plans and reports with the Register of Deeds, building permits shall be issued in the same manner as for building permits generally, provided that any requirements concerning the order or location in which building permits are to be issued in the particular nontraditional lot project area shall be observed. The intent of the building permit is to enable the execution of the final site plan in the field. During this phase, all field work shall be in accordance with the approved plan. It shall be the responsibility of the developer to inform the various city and county inspection officials as to the progress of field work so that timely inspections may be made.
(3) The Planning and Inspections Director is authorized to issue a certificate of compliance after completion of each section of the project. The certificate of compliance shall be issued only after the administrator is satisfied that all work has been executed as outlined in that section of the approved final site plan and in accord with this chapter.
(4) Upon receipt of the certificate of compliance, the permittee is duly authorized to begin the sale, rental or leasing of the completed sections of the project in any way that is not contrary to the provisions of this chapter.
(5) If it is provided in the final site plan that it is desirable to occupy a portion or section of the project prior to the completion of all site improvements as provided in the city subdivision regulations, a bond acceptable to the Board of Commissioners in an amount sufficient to complete the improvements on all started sections shall be posted with the Board of Commissioners. These agreements shall be made in conformance with the same provisions as required in Chapter 158.
(6) Changes in approved final site plans may be permitted by the Planning Board on application by the original applicant or successors in interest, but only on a finding that the changes are in accord with all regulations in effect at the time the final site plan was approved, and in accord with the general interest and purpose of the City Land Use Plan in effect at the time, provided that the applicant may elect to proceed in accord with the regulations and land use plan currently in effect. Changes other than as indicated above shall be made only by a new conditional zoning district application for the development.
(Ord. passed 7-25-2011; Ord. 21-O-04, passed 6-28-2021)