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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
TABLE OF SPECIAL ORDINANCES
PARALLEL REFERENCES
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§ 154.266 DUTIES OF THE ZONING ADMINISTRATOR.
   (A)   The Zoning Administrator shall have the power to grant zoning compliance permits and certificates of zoning compliance and to make or cause to be made inspections of buildings or premises necessary to carry out the enforcement of this chapter.
   (B)   In connection with the enforcement of this chapter, the Zoning Administrator shall make all necessary determinations and interpretations as required by this chapter. Persons aggrieved by a decision or a determination made by the Zoning Administrator may appeal that action to the Board of Adjustment.
(1981 Code, § 1102) (Ord. passed 6-28-2004)
§ 154.267 POWERS AND LIMITATIONS OF THE ZONING ADMINISTRATOR.
   If any proposed excavation, construction, moving, alteration or use of land as set forth in an application for a zoning compliance permit is in conformity with the provisions of this chapter, the Zoning Administrator shall issue a zoning compliance permit; however:
   (A)   Issuance of a zoning compliance permit shall in no case be construed as waiving any provisions of this chapter;
   (B)   Under no circumstance is the Zoning Administrator permitted to grant exceptions to the actual meaning of any clause, standards or regulation contained in this chapter to any person making application to excavate, construct, move, alter or use either building, structures or land;
   (C)   Under no circumstance is the Zoning Administrator permitted to make changes to this chapter or to vary the terms of this chapter in carrying out his or her duties;
   (D)   The Zoning Administrator shall issue a permit when the imposed conditions of this chapter are complied with by the applicant regardless of whether the use of the permit would violate contractual or other arrangements (including, but not by way of limitation, restrictive covenants) among private parties; and
   (E)   If an application for a permit is disapproved, the Zoning Administrator shall state in writing the cause of the disapproval.
(1981 Code, § 1103) (Ord. passed 6-28-2004)
§ 154.268 ZONING COMPLIANCE PERMIT REQUIRED.
   (A)   It shall be unlawful to begin the excavation for the construction, the moving, alteration or repair, except ordinary repairs, of any building or other structure, including an accessory structure, costing more than $100 or exceeding 100 square feet in area, until the Zoning Administrator has issued for the work a zoning compliance permit which includes a determination that plans, specifications and the intended use of a structure do, in all respects, conform to the provisions of this chapter.
   (B)   Prior to the issuance of a zoning compliance permit, the Zoning Administrator shall consult with all applicable departments including, but not limited to, the Department of Public Works, the Building Inspection Department and the Fire Department.
   (C)   A zoning compliance permit shall be valid for a period of 6 months from date of issuance. A zoning compliance permit does not constitute a vested right.
   (D)   Also, it shall be unlawful to change the type of use of land, or to change the type of use or type of occupancy of any building, or to extend any use or any lot on which there is a nonconforming use, until the Zoning Administrator has issued for the intended use a zoning compliance permit, including a determination that the proposed use does, in all respects, conform to the provisions of this chapter.
   (E)   In all cases where a building permit is required, application for a zoning compliance permit shall be made prior to or coincidentally with the application for a building permit; in all other cases, it shall be made prior to that date when a new or enlarged use of a building or premise or part thereof is intended to begin.
   (F)   All zoning compliance permit applications shall be made in writing to the Zoning Administrator on forms provided for that purpose. A record of all applications shall be kept on file by the Zoning Administrator.
(1981 Code, § 1104) (Ord. passed 6-28-2004) Penalty, see § 154.999
§ 154.269 CONTENTS OF APPLICATION FOR ZONING COMPLIANCE PERMIT.
   Every application for a zoning compliance permit for site clearance, excavation, grading, filling, construction, moving, alteration or change in type of use or type of occupancy, shall be accompanied by a written statement and plans or plats, drawn to scale, showing the following in sufficient detail to enable the Zoning Administrator to ascertain whether the proposed work or use is in conformance with the provisions of this chapter:
   (A)   The actual shape, location and dimensions of the lot; if the lot is not a lot of record, sufficient data to locate the lot on the ground;
   (B)   The shape, size and location of all buildings, or other structures, to be erected, altered or moved, and of any other buildings, or other structures already on the lot;
   (C)   The existing and intended use of the lot and of all structures upon it;
   (D)   Location and size of any buffers as required by §§ 154.080 through 154.097 (show on site plan);
   (E)   Location and type of any screening as required by §§ 154.080 through 154.097 (show on site plan);
   (F)   Location and type of screening used to screen mechanical equipment as required by § 154.084 (show on site plan);
   (G)   Location, access to and screening of central solid waste area as required by § 154.085 (show on site plan);
   (H)   Location and dimensions of off street parking and loading spaces as required by §§ 154.135 through 154.147 (no parking shall be located within the first 10 feet of any required front yard § 154.142(D));
   (I)   Grade separation of building and parking areas as required by § 154.143(B)(1);
   (J)   Paving material for parking lots designed for more than 10 spaces as required by § 154.142(E);
   (K)   Interior landscaping of parking lots designed for more than 10 spaces as required by § 154.143(B)(2) (show on site plan);
   (L)   Curb cuts as required by § 154.142(L);
   (M)   Landscaping within the first 10 feet of any front yard as required by § 154.086 (show on site plan);
   (N)   Location, size and height of any signs as permitted by §§ 154.160 through 154.178;
   (O)   Compliance with performance standards for Industrial or Commercial Districts (§§ 154.094 and 154.095);
   (P)   Compliance with Chapter 153; and
   (Q)   Other information concerning the lot, adjoining lots or other matters as may be essential for determining whether the provisions of this chapter are being observed.
(1981 Code, § 1105) (Ord. passed 6-28-2004)
§ 154.270 CERTIFICATE OF ZONING COMPLIANCE.
   (A)   No building, structure or zoning lot for which a zoning compliance permit has been issued shall be used or occupied until the Zoning Administrator has, after final inspection, issued a certificate of zoning compliance indicating compliance has been made with all the provisions of this chapter.
   (B)   Guarantees in the form of certified checks, bonds, cash or unrevocable letter of credit may be accepted to ensure the actual installation of certain landscaping, buffers and screens, and paving requirements.
   (C)   The guarantee shall be in an amount not less than 100% nor more than 110%of the estimated costs of the requirements as estimated by the Zoning Administrator.
   (D)   The guarantee shall not be for more than a period of 6 months from the date of issuance of certificate of zoning compliance. However, the issuance of a certificate of zoning compliance shall in no case be construed as waiving the provisions of this chapter.
(1981 Code, § 1106) (Ord. passed 6-28-2004)
§ 154.271 SITE SPECIFIC DEVELOPMENT PLAN.
   The purpose of this section is to implement the provisions of G.S. § 160A-385.1 pursuant to which a statutory zoning vested right is established upon the approval of a site specific development plan.
   (A)   Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
      APPROVAL AUTHORITY. The Town Council by this chapter is being authorized to grant the specific zoning or land use permit or approval that constitutes a site specific development plan.
      SITE SPECIFIC DEVELOPMENT PLAN.
         (a)   A plan of land development submitted to the Town of Liberty for purposes of obtaining 1 of the following zoning or land use permits or approvals:
            1.   Zoning compliance permit; as per § 154.268 above;
            2.   Conditional use permit; as per § 154.277 below;
            3.   Special use permit; as per §§ 154.190 through 154.239; or
            4.   Subdivision preliminary plat approval; as per the Subdivision Chapter.
         (b)   Notwithstanding the foregoing, neither a variance, a sketch plan nor any other document that fails to described with reasonable certainty the type and intensity of use for a specified parcel or parcels of property shall constitute a SITE SPECIFIC DEVELOPMENT PLAN.
      ZONING VESTED RIGHT. A right pursuant to G.S. § 160A-385.1 to undertake and complete the development and use of property under the terms and conditions of an approved site specific development plan.
   (B)   Establishment of a zoning vested right.
      (1)   A zoning vested right shall be deemed established upon the valid approval, or conditional approval, by the Town Council of a site specific development plan, following notice and public hearing.
      (2)   The Town Council may approve a site specific development plan upon terms and conditions as may reasonably be necessary to protect the public health, safety and welfare.
      (3)   Notwithstanding divisions (B)(1) and (2) above, approval of a site specific development plan with the condition that a variance be obtained shall not confer a zoning vested right unless and until the necessary variance is obtained.
      (4)   A site specific development plan shall be deemed approved upon the effective date of the approval authority's action or ordinance relating thereto.
      (5)   (a)   The establishment of a zoning vested right shall not preclude the application of overlay zoning that imposes additional requirements but does not affect the allowable type or intensity of use, or ordinances or regulations that are general in nature and are applicable to all property subject to land use regulations by the Town of Liberty, including, but not limited to, building, fire, plumbing, electrical and mechanical codes.
         (b)   Otherwise applicable new or amended regulations shall become effective with respect to property that is subject to a site specific development plan upon the expiration or termination of the vested right in accordance with this subchapter.
      (6)   A zoning vested right is not a personal right, but shall attach to and run with the applicable property. After approval of a site specific development plan, all successors to the original landowner shall be entitled to exercise that right while applicable.
   (C)   Approval procedures and approval authority.
      (1)   An application for a site specific development plan in conjunction with a request for a zoning compliance permit, special use permit or subdivision preliminary plat approval shall be processed in accordance with the procedures established by this chapter for a special use permit application. An application for a site specific development plan in conjunction with a conditional use permit request application shall be processed in accordance with the procedure established by this chapter for a conditional use permit application. The Town Council in reviewing and approving a site-specific development plan application shall be governed by the requirements for the accompanying permit or approval for which application is made.
      (2)   Notwithstanding the provisions of division (C)(1) above, if the authority to issue a particular zoning or land use permit or approval has been delegated by ordinance to a board, committee or administrative official other than the Town Council, in order to obtain a zoning vested right, the applicant must request in writing at the time of application that the application be considered and acted on by the Town Council following notice and a public hearing as provided in G.S. § 160A-364.
      (3)   In order for a zoning vested right to be established upon approval of a site specific development plan, the applicant must indicate at the time of application, on a form to be provided by the Town of Liberty, that a zoning vested right is being sought.
      (4)   Each map, plat, site plan or other document evidencing a site specific development plan shall contain the following notation: “Approval of this plan establishes a zoning vested right under G.S. § 160A-385.1. Unless terminated at an earlier date, the zoning vested right shall be valid until (date).”
      (5)   Following approval or conditional approval of a site specific development plan, nothing in this chapter shall exempt a like plan from subsequent reviews and approvals to ensure compliance with the terms and conditions of the original approval, provided that the reviews and approvals are not inconsistent with the original approval.
      (6)   Nothing in this chapter shall prohibit the revocation of the original approval or other remedies for failure to comply with applicable terms and conditions of the approval or this chapter.
   (D)   Duration.
      (1)   A zoning right that has been vested as provided in this chapter shall remain vested for a period of 2 years unless specifically and unambiguously provided otherwise pursuant to division (D)(2) below.
      (2)   (a)   Notwithstanding the provisions of division (D)(1) above, the Town Council may provide that rights shall be vested for a period exceeding 2 years but not exceeding 5 years where warranted in light of all relevant circumstances, including, but not limited to, the size of the development, the level of investment, the need for or desirability of the development, economic cycles and market conditions.
         (b)   These determinations shall be in the sound discretion of the Town Council at the time the site specific development plan is approved.
      (3)   Upon issuance of a building permit, the expiration provisions of G.S. § 160A-418 and the revocation provisions of G.S. § 160A-422 shall apply, except that a building permit shall not expire or be revoked because of the running of time while a zoning vested right under this section is outstanding.
   (E)   Termination. A zoning right that has been vested as provided in this chapter shall terminate:
      (1)   At the end of the applicable vesting period with respect to buildings and uses for which no valid building permit applications have been filed;
      (2)   With the written consent of the affected landowner;
      (3)   Upon findings by the Town Council, by ordinance after notice and a public hearing, that natural or human-made hazards on or in the immediate vicinity of the property, if uncorrected, would pose a serious threat to the public health, safety and welfare if the project were to proceed as contemplated in the site specific development plan;
      (4)   (a)   Upon payment to the affected landowner of compensation for all costs, expenses and other losses incurred by the landowner, including, but not limited to, all fees paid in consideration of financing, and all architectural, planning, marketing, legal and other consultant's fees incurred after approval by the town, together with interest thereon at the legal rate until paid.
         (b)   Compensation shall not include any diminution in the value of the property which is caused by that action;
      (5)   Upon findings by the Town Council, by ordinance after notice and a hearing, that the landowner or his or her representative intentionally supplied inaccurate information or made material misrepresentations which made a difference in the approval by the approval authority of the site specific development plan; or
      (6)   Upon the enactment or promulgation of a state for federal law or regulation that precludes development as contemplated in the site specific development plan, in which case the approval authority may modify the affected provisions, upon a finding that the change in state or federal law has a fundamental effect on the plan, by ordinance after notice and a hearing.
   (F)   Voluntary annexation.
      (1)   A petition for annexation filed with the town under G.S. §§ 160A-31 or 160A-58.1 shall contain a signed statement declaring whether or not any zoning vested right with respect to the properties subject to the petition has been established under G.S. §§ 160A-385.1 or 153A-344.1.
      (2)   A statement that declares that no zoning vested right has been established under G.S. §§ 160A-385.1 or 153A-344.1, or the failure to sign a statement declaring whether or not a zoning vested right has been established, shall be binding on the landowner and any zoning vested right shall be terminated.
   (G)   Limitation. Nothing in this chapter is intended or shall be deemed to create any vested right other than those established pursuant to G.S. § 160A-385.1.
   (H)   Repealed. In the event that G.S. § 160A-385.1 is repealed, this chapter shall be deemed repealed and the provisions hereof no longer effective.
(1981 Code, § 1107) (Ord. passed 6-28-2004)
§ 154.272 FEES.
   Before any zoning compliance permit or certificate of zoning compliance shall be issued covering building or other operations regulated by this chapter, a fee in an amount fixed by the Town Council shall be paid.
(1981 Code, § 1108) (Ord. passed 6-28-2004)
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