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Liberty Overview
Liberty, NC Code of Ordinances
TOWN OF LIBERTY, NC CODE OF ORDINANCES
TOWN OFFICIALS
THE CHARTER OF THE TOWN OF LIBERTY
TITLE I: GENERAL PROVISIONS
TITLE III: ADMINISTRATION
TITLE V: PUBLIC WORKS
TITLE VII: TRAFFIC CODE
TITLE IX: GENERAL REGULATIONS
TITLE XI: BUSINESS REGULATIONS
TITLE XIII: GENERAL OFFENSES
TITLE XV: LAND USAGE
CHAPTER 150: MINIMUM HOUSING
CHAPTER 151: BUILDING CODE
CHAPTER 152: SUBDIVISIONS
APPENDIX A: TYPICAL STREET SECTIONS
CHAPTER 153: WATERSHED PROTECTION
CHAPTER 154: ZONING
GENERAL PROVISIONS
APPLICATION OF REGULATIONS
ADMINISTRATIVE MECHANISMS
DISTRICT REGULATIONS
SUPPLEMENTAL REGULATIONS
DEVELOPMENT STANDARDS FOR WIRELESS COMMUNICATION FACILITIES
OFF-STREET PARKING AND LOADING
SIGNS
SPECIAL USE REGULATIONS
§ 154.190 INTENT.
§ 154.191 GENERAL STANDARDS.
§ 154.192 PROCEDURE FOR SUBMISSION AND CONSIDERATION OF APPLICATIONS FOR
§ 154.193 IMPOSED CONDITIONS.
§ 154.194 DISCONTINUANCE OF PERMITTED ACTIVITY.
§ 154.195 CONTENTS OF APPLICATION FOR A SPECIAL USE.
§ 154.196 MINOR CHANGES TO BE APPROVED BY ZONING ADMINISTRATOR; MODIFICATIONS REQUIRE ACTION BY TOWN COUNCIL.
§ 154.197 GENERAL COMPLIANCE WITH THIS CHAPTER.
§ 154.198 FAILURE TO COMPLY WITH PLANS AND CONDITIONS OF THE PERMIT.
§ 154.199 WITHDRAWAL OF APPLICATION.
§ 154.200 EFFECT OF DENIAL ON SUBSEQUENT PETITIONS.
§ 154.201 APPEALS.
§ 154.202 FEES.
§ 154.203 STANDARDS APPLICABLE TO INDIVIDUAL SPECIAL USES.
§ 154.204 ADULT DAY CARE FACILITIES FOR MORE THAN THIRTY CLIENTS.
§ 154.205 AIRPORT; HELIPORT.
§ 154.206 CHILD DAY CARE FACILITIES IN DISTRICTS WHERE THOSE FACILITIES REQUIRE A SPECIAL USE PERMIT.
§ 154.207 COLLEGES; UNIVERSITIES.
§ 154.208 COMBUSTIBLE LIQUID STORAGE IN QUANTITIES GREATER THAN TWO THOUSAND BUT LESS THAN ONE-HUNDRED THOUSAND-GALLONS’ AGGREGATE.
§ 154.209 COMBUSTIBLE LIQUID STORAGE IN QUANTITIES GREATER THAN ONE-HUNDRED THOUSAND-GALLONS’ AGGREGATE.
§ 154.210 CONGREGATE LIVING FACILITIES; NURSING HOME; GROUP HOME.
§ 154.211 CULTURAL FACILITY.
§ 154.212 DWELLING MULTI-FAMILY UP TO .35 FAR.
§ 154.213 EXTRACTION OF EARTH PRODUCTS.
§ 154.214 GOLF COURSE.
§ 154.215 HOME OCCUPATIONS.
§ 154.216 JUNKYARDS.
§ 154.217 LANDFILLS; SANITARY.
§ 154.218 MANUFACTURING, PROCESSING AND ASSEMBLY; LIGHT.
§ 154.219 MOBILE AND MANUFACTURED HOME PARKS.
§ 154.220 PLANNED UNIT DEVELOPMENT.
§ 154.221 PUBLIC USE FACILITIES.
§ 154.222 RESERVED.
§ 154.223 RECREATIONAL VEHICLE; TRAVEL PARKS AND CAMPS.
§ 154.224 PUBLIC, PRIVATE ELEMENTARY AND HIGH SCHOOLS.
§ 154.225 ADULT ESTABLISHMENTS.
§ 154.226 NONCONFORMING SITUATIONS.
§ 154.227 MENTAL INSTITUTION; SANITARIUM.
§ 154.228 PROFESSIONAL RESIDENTIAL FACILITY (STRUCTURED ENVIRONMENT).
§ 154.229 GAME ROOMS.
§ 154.230 STORAGE OF HAZARDOUS MATERIAL WITHIN BALANCE OF WATERSHED.
§ 154.231 TRANSFER STATIONS.
§ 154.232 DWELLINGS IN I AND IP DISTRICTS.
§ 154.233 STRUCTURES MAY EXCEED THE HEIGHT LIMITS ESTABLISHED IN § 154.066(A).
§ 154.234 TELECOMMUNICATIONS TOWERS.
§ 154.235 COMMERCIAL DEVELOPMENTS WITH MULTI USE AND/OR STRUCTURES AND FAR BETWEEN .27 AND .35.
§ 154.236 COMMERCIAL DEVELOPMENTS WITH MULTI-USE AND/OR STRUCTURES AND FAR UP TO .35.
§ 154.237 COUNTRY, RACQUET, TENNIS AND SWIM CLUBS.
§ 154.238 FRATERNITY AND SORORITY HOUSES.
§ 154.239 WATERSHED 10/70 OPTION DEVELOPMENT.
§ 154.240 SOLAR FARM IN R40 DISTRICT.
NONCONFORMING SITUATIONS
ADMINISTRATION AND LEGAL PROVISIONS
CHAPTER 155: FLOOD DAMAGE PREVENTION
CHAPTER 156: NONRESIDENTIAL MAINTENANCE CODE
TABLE OF SPECIAL ORDINANCES
PARALLEL REFERENCES
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§ 154.192 PROCEDURE FOR SUBMISSION AND CONSIDERATION OF APPLICATIONS FOR APPROVAL OF SPECIAL USES.
   (A)   Application submitted to Zoning Administrator.
      (1)   Application for a special use shall be filed with the Zoning Administrator, who shall, before accepting any application, ensure that it contains all required information, as specified in § 154.195 below.
      (2)   The deadline for filing of applications for a special use will normally be 5:00 p.m. on the day, which is 30 days prior to the date of the Town Council meeting for which the public hearing is to be set.
      (3)   The Town Manager, acting as agent for the Town Council, shall schedule each complete application for a public hearing.
      (4)   Hearings dates may be established for a regular or special meeting of the Town Council; however, the Manager shall not schedule a combined total of more than 5 hearings on amendments to this chapter, special use permits and conditional use permits at any meeting of the Town Council.
      (5)   Applications which are not complete, or otherwise do not comply with the provisions of this chapter, shall not be accepted by the Zoning Administrator, but shall be returned forthwith to the applicant, with a notation by the Zoning Administrator of the deficiencies in the application.
   (B)   Planning Director prepares analysis.
      (1)   The Zoning Administrator shall cause an analysis to be made of the application for consideration by the Town Council.
      (2)   The analysis shall be a written report which shall be submitted to the Town Council prior to the meeting at which the public hearing described in division (E) below is to be held.
   (C)   Public hearing required; notice specified. Prior to consideration of the application for approval of a special use, a public hearing thereon shall be held by the Town Council to receive evidence in the form of testimony, exhibits, documents, models, plans and the like to support the application for approval of a special use.
   (D)   Notice. The Zoning Administrator shall give public notice of the date, time and place of the public hearing. The notice shall be as required by the G.S. Ch. 160A.
   (E)   Action on the application. After completion of the public hearing, the Town Council shall take action upon the application. This action shall be 1 of the following:
      (1)   Approval;
      (2)   Approval with conditions attached; or
      (3)   Denial. In every case, the action of the Town Council shall include a summary of the evidence supporting the action taken by it on the application.
   (F)   Action subsequent to the decision.
      (1)   The Zoning Administrator shall cause notice of the disposition of the application to be sent by certified mail to the applicant and a copy of the decision to be filed in the office of the Zoning Administrator.
      (2)   The Zoning Administrator, in the case of approval or approval with conditions, shall issue the necessary permit in accord with the Council’s action.
      (3)   The permit shall include and be based upon plans as approved by the Town Council.
(1981 Code, § 803) (Ord. passed 6-28-2004)
§ 154.193 IMPOSED CONDITIONS.
   (A)   In granting a special use permit, the Town Council may impose additional reasonable and appropriate special requirements upon a permit as it may deem necessary in order that the purpose and intent of this chapter is served, public welfare secured and substantial justice done.
   (B)   If all requirements and conditions are accepted by the applicant, the Town Council shall authorize the issuance of the special use permit, otherwise the permit shall be denied.
   (C)   The conditions of a valid special use permit shall run with the land and shall be binding on the original applicant(s) as well as all successors, assigns and heirs.
(1981 Code, § 804) (Ord. passed 6-28-2004)
§ 154.194 DISCONTINUANCE OF PERMITTED ACTIVITY.
   (A)   If any special use is discontinued for a period of 180 days or replaced by a use otherwise permitted in the zoning district, it shall be deemed abandoned and the special use permit shall be null and void and of no effect.
   (B)   The owner shall demonstrate that the special use has not been discontinued for a period exceeding 180 days or has not been replaced by a use otherwise permitted to maintain a valid special use permit.
(1981 Code, § 805) (Ord. passed 6-28-2004)
§ 154.195 CONTENTS OF APPLICATION FOR A SPECIAL USE.
   (A)   The application for a special use shall be submitted on forms provided by the Zoning Administrator. The forms shall be prepared so that, when completed, a full and accurate description of the proposed use, including its location, appearance and operational characteristics shall be disclosed.
   (B)   A site plan shall be included with the application which details how requirements of § 154.269 will be met along with the information needed to indicate compliance with the specific special use requested.
   (C)   Additionally, the forms shall, when completed by the applicant, disclose the name(s) and address(es) of the owner(s) of the property involved, the name(s) and address(es) of the applicant, if different from the owner(s) and all relevant information needed to show compliance with the general and specific standards governing the special use which is the subject of the application.
(1981 Code, § 806) (Ord. passed 6-28-2004)
§ 154.196 MINOR CHANGES TO BE APPROVED BY ZONING ADMINISTRATOR; MODIFICATIONS REQUIRE ACTION BY TOWN COUNCIL.
   (A)   The Zoning Administrator is authorized to approve minor changes in the approved plans of special uses, as long as they are in harmony with action of the approving body, but shall not have the power to approve changes that constitute a modification of the approval.
   (B)   A modification shall require approval of the Town Council and shall be handled as a new application.
   (C)   The Zoning Administrator shall use the following criteria in determining whether a proposed action is a minor change or a modification:
      (1)   Any change in location or any increase in the size or number of signs shall constitute a modification;
      (2)   Any increase in intensity of use shall constitute a modification. An increase in intensity of use shall be considered to be an increase in usable floor area, an increase in number of dwelling or lodging units, and/or an increase in outside land area devoted to sales, displays or demonstrations;
      (3)   Any change in parking areas resulting in an increase or reduction of 5% or more in the number of spaces approved by the Town Council shall constitute a modification. In no case shall the number of spaces be reduced below the minimum required by the ordinance;
      (4)   Structural alterations significantly affecting the basic size, form, style, ornamentation and the like of the building as shown on the approved plan shall be considered a modification;
      (5)   Substantial change in the amount and/or location of open space, recreation facilities or landscape screens shall constitute a modification;
      (6)   A change in use shall constitute a modification; and
      (7)   Substantial changes in pedestrian or vehicular access or circulation shall constitute a modification.
   (D)   The Zoning Administrator shall, before making a determination as to whether a proposed action is a minor change or a modification, review the record of the proceedings on the original application for the approval of the special use.
   (E)   The Zoning Administrator shall, if he or she determines that the proposed action is a modification, require the applicant to file a request for approval of the modification, which shall be submitted to the Town Council. The Council may approve or disapprove the application for approval of a modification.
(1981 Code, § 807) (Ord. passed 6-28-2004)
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