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(A) Purpose. A zoning certificate of compliance shall be required in accordance with the provisions of this section in order to ensure that proposed temporary use complies with the standards of this chapter, and to otherwise protect the public health, safety and welfare of the citizens of the town.
(B) Applicability. The provisions of this section shall be applicable to all carnivals, circuses and fairs within the town’s jurisdiction.
(C) Procedure. The applicable requirements for submission and review of an application are established in §§ 152.045 through 152.056 of this chapter. The Ordinance Administrator shall review and approve or deny an application for a zo ning certificate of compliance in accordance with the standards in division (D) below. If the application is denied, the reasons for denial shall be provided to the applicant in writing.
(D) Zoning certificate of compliance standards. A zoning certificate of compliance shall be approved upon a finding by the Ordinance Administrator that the application complies with all relevant standards of the temporary use.
(Ord. passed 3-5-2018)
(A) Authority. Interpretations of all provisions of this chapter shall be made by the Ordinance Administrator, including: interpretations of the text of this chapter; interpretations of the zoning district boundaries; interpretation of compliance with a condition of approval; and interpretations of whether an unspecified use falls within a use classification, use category or use type allowed in a zoning district.
(B) Initiation. A written interpretation may be requested by the town’s Board of Commissioners, the Planning Board, the Board of Adjustment, any resident or landowner or any person having an interest in land in the town.
(C) Procedure.
(1) Submission of request for interpretation. Before a written interpretation shall be provided by the Ordinance Administrator, a request for interpretation shall be submitted to the town in writing.
(2) Rendering of interpretation. After the request for interpretation has been determined to be complete, the Ordinance Administrator shall review and evaluate the request in light of the Future Land Use Plan, this chapter, the official zoning district map and other relevant codes and statutes, consult with the Town Attorney and other affected town staff, and then render an interpretation.
(3) Form. The interpretation shall be in writing, approved as to form by the Town Attorney, and sent to the applicant by first class mail after the interpretation is made by the Ordinance Administrator.
(D) Appeal. Any aggrieved party objecting to a written interpretation from the Ordinance Administrator may appeal the interpretation to the Board of Adjustment in accordance with § 152.080 of this chapter.
(E) Official record. The Town Clerk shall maintain a record of written interpretations that shall be available for public inspection, upon reasonable request, during normal business hours.
(Ord. passed 3-5-2018)
(A) Right of appeal. Any aggrieved party affected by a decision or interpretation of the Ordinance Administrator or other administrative official may appeal such decision or interpretation to the Board of Adjustment in accordance with the provisions of this section.
(B) Procedure.
(1) Initiation. An appeal taken in accordance with this section may be initiated by filing a written notice of appeal within 30 days of the date of the decision or interpretation with the Town Clerk.
(2) Contents of appeal. The written notice of appeal shall specify the grounds for the appeal, a statement of the improper decision or interpretation, the date of that decision or interpretation and all support materials related to the decision.
(3) Record. Upon receipt of the written notice of appeal, the Town Clerk shall transmit all the papers, documents and other materials relating to the decision or interpretation appealed to the Board of Adjustment. These materials shall constitute the record of the appeal.
(4) Scheduling of notice and hearing.
(b) The Board of Adjustment shall hear the appeal at its next regularly scheduled meeting, based upon established scheduling policy, or as soon as is reasonably possible.
(5) Hearing and decision by Board of Adjustment. At the hearing, the person making the appeal may appear in person or by agent or attorney, and shall state the grounds for the appeal and identify any materials or evidence from the record to support the appeal. The Ordinance Administrator shall be given an opportunity to respond, as well as any other town staff or other person the Board of Adjustment deems necessary. In making its determination, the Board of Adjustment shall consider the application, the relevant support materials and the testimony given at the public hearing. Within 30 days following the close of the public hearing, the Board of Adjustment shall affirm, partly affirm, modify or reverse the decision or interpretation, based on the record and the requirements and standards of this chapter. Modifying or reversing the decision being appealed shall require an affirmative vote of at least four-fifths of the members of the Board of Adjustment who are eligible to vote as set forth in G.S. § 160A-388(e). All decisions by the Board of Adjustment shall be in writing and shall be filed by the Town Clerk within five days from the date the decision is made.
(C) Effect of appeal. A pending appeal stays all proceedings in furtherance of the action appealed, unless the Ordinance Administrator certifies to the Board of Adjustment after the notice of appeal is filed, that by reason of facts stated in the certificate, a stay would cause imminent peril to life or property. In such case, proceedings shall not be stayed otherwise than by a restraining order, which may be granted by a court of competent jurisdiction, on notice to the Ordinance Administrator and on due cause shown.
(D) Appeal.
(1) Any appeal from the decision of the Board of Adjustment shall be to the Superior Court for the county by petition for a writ of certiorari.
(2) Any such petition to the Superior Court shall be filed with the Clerk of Court no later than 30 days after the date the decision of the Board of Adjustment is filed by the Town Clerk, or after the date a written copy of the decision is delivered (via personal delivery or by registered or certified mail, return receipt requested) to every aggrieved party who has filed a written request for such copy with the Board of Adjustment at the public hearing, whichever is later.
(Ord. passed 3-5-2018)
(A) Purpose. The purpose of this section is to provide a procedure allowing a landowner to apply for the right to develop land in accordance with a previously-approved site-specific development.
(B) Applicability. Vested rights, in accordance with this section, and G.S. § 160A-385.1, shall only be available to a landowner with a legally-established and approved site-specific development plan. For the purposes of this division (B), a site-specific development plan shall include the following:
(1) Development subject to an approved special use permit;
(2) Development subject to a minor subdivision plat;
(3) Development subject to a subdivision preliminary plat; or
(4) Development subject to a site plan.
(C) Procedure.
(2) Review and recommendation by Planning Board. Following a review by the Ordinance Administrator, the application shall be referred to the Planning Board for review and recommendation. During the meeting, the Planning Board shall consider the application, the relevant support materials and any public comments given on the application. Within 45 days of the first meeting on an application, the Planning Board shall make a written recommendation to the town’s Board of Commissioners (unless a longer review period is established by mutual agreement of the applicant and Planning Board). In addition to making a recommendation as to approval or denial of the application and the appropriate period of time to vest a site-specific development plan, the Planning Board may also recommend the imposition of conditions on the approval in accordance with § 152.050 of this chapter. In no instance shall the application proceed to the public hearing before the town’s Board of Commissioners without a recommendation by the Planning Board.
(3) Review and decision by the town’s Board of Commissioners. After receipt of a recommendation from the Planning Board, public notification and the scheduling of a public hearing, the town’s Board of Commissioners shall conduct a public hearing on the application. At the public hearing, the town’s Board of Commissioners shall consider the application, the relevant support materials, the recommendation of the Planning Board and the testimony given at the public hearing. After the close of the public hearing, the town’s Board of Commissioners shall, by four-fifths majority of those present and eligible to vote, approve, approve with conditions or deny the application based on the standards in § 152.080(D) of this chapter. In the event the application is approved, the town’s Board of Commissioners shall establish the vesting period, which shall not exceed a maximum of five years from the date of approval of the establishment of vested rights.
(D) Vested rights standards.
(1) The town’s Board of Commissioners shall only grant vested rights in accordance with this section after making the following findings of fact:
(a) The site-specific development plan was lawfully established and approved in the appropriate manner by the appropriate decision- making body;
(b) The site-specific development plan has not expired;
(c) All required variances, if any, included as a condition of approval of a site-specific development plan have been obtained; and
(d) The site-specific development plan provides sufficient information to establish the types and intensity of proposed development with reasonable certainty.
(2) In approving the establishment of vested rights, the town’s Board of Commissioners may extend the two-year vested rights period to a period of up to five years, where warranted in light of all relevant circumstances, including, but not limited to, the size and phasing of development, economic cycles and market conditions.
(Ord. passed 3-5-2018)
ENFORCEMENT PROCEDURES
This subchapter establishes procedures through which the town seeks to ensure compliance with the provisions of this chapter and obtain corrections for chapter violations. It also sets forth the remedies and penalties that apply to violations of this chapter. The provisions of this chapter are intended to encourage the voluntary correction of violations, where possible.
(Ord. passed 3-5-2018)
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