If following the final approval, the owner or developer desires to make a change to the structure, associated site features or use, the change must be reviewed by the Planning Board in accordance with the provisions of this chapter and approved by the Board of Commissioners or meet the following criteria for administrative approvals:
(A) Administrative approval for non-conforming structures and uses.
(1) Non-conforming single-family and duplex dwellings. Administrative approval may be authorized for remodel, reconstruction/repair or additions where additional non-conformities are not created.
(2) Non-conforming commercial and institutional structure:
(a) Administrative approval may be authorized for remodel, change of use, reconstruction/repair (no change to total dimensions) within the existing footprint of the structure in accordance with § 153.053.
(b) Administrative approval may be authorized for additions which will not create or increase any nonconformity in accordance with § 153.053 as follows:
1. Additions to site features not exceeding 50% of the existing site feature less than six inches above finished grade may be granted if the addition meets all the requirements of this chapter.
2. Additions greater than six inches above finished grade may be granted if additions do not exceed 500 square feet of gross floor area and meet all the requirements of this chapter.
(c) Administrative approval may be authorized for outdoor waiting activity areas provided that it will not create or increase any nonconformity in accordance with § 153.053 and meets the following conditions:
1. Outdoor waiting activity area(s) shall be accessory to restaurant use only, not including drive-in restaurants.
2. Outdoor waiting activity area(s) shall have no scheduled events or activities before 7:00 a.m. nor after 11:00 p.m. on any day. There will be no music or games between 11:00 p.m. and 7:00 a.m.
3. No cooking or serving utilities including grills, bars or drink dispensers shall be permitted. All such cooking and serving utilities shall be contained within the principal building.
4. Lighting and sound (including music or noise) must comply with the Town Code. Signage shall comply with the Town Code, including signs on umbrellas.
5. The area must be kept clean of litter and maintained in a safe and sanitary condition.
6. Appropriate waste receptacles with affixed lids shall be provided.
7. On sides not adjoining the principal structure the area designated as outdoor waiting activity area(s) shall be bordered by a minimum four foot high fence, with the exception of elevated, covered decks for which fencing requirements are already in place, and shall be buffered with landscaping as set forth in § 153.073(F)(2)(b).
8. Outdoor waiting activity area(s) may not be roofed or shaded in any way other than standard table umbrellas. Erection of a tent subject to a special use or event permit from the town is not prohibited.
9. Outdoor waiting activity area(s) shall comply with minimum parking requirements for the primary structure as set in § 153.076.
(d) Changes in plan not meeting division (A)(2)(a), (b) or (c) above must follow the site plan review process in this chapter.
(B) Administrative approval for conforming structures.
(1) Administrative approval may be authorized for remodel, change of use, reconstruction/repair (no change to total dimensions) within the existing footprint of the structure.
(2) Administrative approval may be authorized for additions to commercial and institutional structures as follows:
(a) Additions less than six inches above finished grade may be granted if the addition meets all the requirements of this chapter.
(b) Additions greater than six inches above finished grade may be granted if additions do not exceed 500 square feet of gross floor area and meet all the requirements of this chapter.
(c) Outdoor waiting activity area subject to the following:
1. Outdoor waiting activity area(s) shall be accessory to restaurant use. This section shall not apply to drive-in restaurants.
2. Outdoor waiting activity area(s) shall have no scheduled events or activities before 7:00 a.m. nor after 11:00 p.m. on any day. There will be no music or games between 11:00 p.m. and 7:00 a.m.
3. No cooking or serving utilities including grills, bars or drink dispensers shall be permitted. All such cooking and serving utilities shall be contained within the principal building.
4. Lighting and sound (including music or noise) must comply with the Town Code. Signage shall comply with the Town Code, including signs on umbrellas.
5. The area must be kept clean of litter and maintained in a safe and sanitary condition.
6. Appropriate waste receptacles with affixed lids shall be provided.
7. On sides not adjoining the principal structure the area designated as outdoor waiting activity area(s) shall be bordered by minimum four foot fence, with the exception of elevated, covered decks for which fencing requirements are already in place, and shall be buffered with landscaping as set forth in § 153.073(F)(2)(b).
8. Outdoor waiting activity area(s) may not be roofed or shaded in any way other than standard table umbrellas. Erection of a tent subject to a special use or event permit from the town is not prohibited.
9. Outdoor waiting activity area(s) shall comply with minimum parking requirements for the primary structure as set forth in § 153.076.
(C) State of emergency approvals.
(1) When a state of emergency is declared by the Mayor, permits for all reconstruction/repair to damaged commercial industrial and institutional sites may be administratively approved subject to the following conditions:
(a) The repair will not make the property more nonconforming than prior to the damage.
(b) The reconstruction/repairs are in the same footprint and same dimensions as prior to the damage.
(c) The damage is less than 50% of the structure valuation prior to the damage.
(2) If these conditions (items (a) to (c), above) cannot be met, the Planning Board and Board of Commissioners shall review the application subject to regulations in § 153.357.
(D) Administrative approval procedures.
(1) All plans for remodel, change of use, reconstruction/repair and additions shall meet regulations outlined in § 153.355, including the following minimum requirements:
(a) Current survey and site plan (seven copies for commercial) with proposed changes drawn to scale sealed by a North Carolina licensed surveyor, engineer, or architect;
(b) Written health department approval for improvements;
(c) Changes to floor plan and building elevations when applicable;
(d) Applicable review fees paid.
(2) Commercial plans will be reviewed by:
(a) The Public Services Department;
(b) The Police Department;
(c) The Fire Department;
(d) Other departments or agencies, if applicable.
(3) All staff and departmental conditions shall be addressed prior to issuance of a building permit.
(4) The Planning Director or his designee will provide written approval to the building inspector prior to issuance of a building permit.
(5) The administrative approval time frame shall be approximately ten business days if all requirements are met.
(6) Other projects not meeting the regulations of this section will be subject to § 153.357.
(7) If administrative approval is denied, the application shall be reviewed by the Planning Board and Board of Commissioners subject to regulations in § 153.357.
(E) Administrative approval for conforming conditional use site plans. Additions to site features, not exceeding 50% of the existing site feature, less than six inches above finished grade may be granted if the addition meets all the requirements of this chapter.
(Ord. 92-03, passed 1-22-92; Am. Ord. 01-02, passed 2-28-01; Am. Ord. 03-17, passed 12-8-03; Am. Ord. 07-18, passed 10-24-07; Am. Ord. 11-11, passed 6-13-11; Am. Ord. 13-16, passed 10-14-13; Am. Ord. 14-04, passed 3-10-14; Am. Ord. 18-4, passed 6-14-21)