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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
TABLE OF SPECIAL ORDINANCES
PARALLEL REFERENCES
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§ 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)
§ 154.273 DETERMINATION OF EXACT LOCATION OF ZONING DISTRICT BOUNDARY LINES.
   (A)   The Zoning Administrator shall decide the exact location of zoning district boundary lines when a question arises concerning boundary lines shown on zoning maps, subject to administrative review by the Board of Adjustment provided for in §§ 154.045 through 154.048.
   (B)   The determination of the exact location of a zoning district's boundary line shall be guided by the provisions of § 154.062.
(1981 Code, § 1109) (Ord. passed 6-28-2004)
§ 154.274 BUILDING PERMITS ISSUED PRIOR TO ADOPTION OF THIS CHAPTER.
    Nothing herein contained shall require any change in the plans, construction, size or designated use of any building, structure or part thereof for which a building permit had been granted by the Building Inspector before the time of passage of this chapter; provided, however, that where construction is not begun under an outstanding permit within a period of 60 days subsequent to passage of this chapter or where it has not been prosecuted to completion within 18 months subsequent to passage of this chapter, any further construction or use shall be in conformity with the provisions of this chapter.
(1981 Code, § 1110) (Ord. passed 6-28-2004)
§ 154.275 CHANGES AND AMENDMENTS.
   For the purpose of establishing and maintaining sound, stable and desirable development within Liberty and its extraterritorial planning jurisdiction, this chapter shall not be amended except to correct a manifest error in the chapter, or because of changed or changing conditions in a particular area or in the jurisdiction of the Town of Liberty generally, to rezone an area, extend the boundary of an existing zoning district, or to change the regulations and restrictions thereof, and then, only as reasonably necessary to the promotion of the public health, safety or general welfare, and to achieve the purposes of the adopted Land Development Plan.
   (A)   Amendment initiation. Subject to the limitations of the foregoing statement of intent, an amendment to this chapter may be initiated by:
      (1)   The Town Council on its own motion;
      (2)   The Planning Board; or
      (3)   Application by any property owner or his or her or her agent, a citizen or his or her or her agent.
   (B)   Filing and contents of amendment application.
      (1)   Filing of applications. All applications for amendments to this chapter shall be in writing, signed and filed, 1 copy with the Town Manager for presentation to the Town Council and 1 copy with the Zoning Administrator.
      (2)   Contents of application. All applications for amendments to this chapter, without limiting the right to file additional material, shall contain at least the following:
         (a)   If the proposed amendment would require a change in the zoning atlas, a fully dimensioned map, at a scale of not more than 200 feet to the inch, showing the land which would be covered by the proposed amendment;
         (b)   A legal description of the land, if applicable;
         (c)   Any alleged error in this chapter which would be corrected by the proposed amendment with a detailed explanation of the error in the chapter and detailed reasons how the proposed amendment will correct same;
         (d)   The changed or changing conditions, if any, in the jurisdiction of the Town of Liberty generally, which make the proposed amendment reasonably necessary to the promotion of the public health, safety and general welfare;
         (e)   The manner in which the proposed amendment will carry out the intent and purpose of the adopted Land Development Plan; and
         (f)   All other circumstances, factors and reasons which applicant offers in support of the proposed amendment.
   (C)   Referral of application to Planning Board and Zoning Administrator.
      (1)   The Town Manager, acting as agent for the Town Council, shall upon receipt of an application to amend this chapter, examine and approve as to form the application and shall refer the same to the Planning Board for study and report.
      (2)   The Town Manager, concurrently with the referral to the Planning Board, shall require the Zoning Administrator to prepare a report on the application.
      (3)   The Zoning Administrator shall prepare and submit a written report to the Planning Board.
      (4)   The report shall be submitted prior to the meeting at which the Board will consider the application.
      (5)   The Administrator shall also submit a copy of the report to the Town Council prior to the public hearing described in division (D) below.
   (D)   Public hearing and notice thereof.
      (1)   A public hearing shall be held by the Town Council before adoption of any proposed amendment to this chapter.
      (2)   Notice of the public hearing shall be given as required by G.S. Ch. 160D. Amendments to G.S. Ch. 160D shall be incorporated within this section without any further action by the Town Council.
   (E)   Receipt of applications and public hearings thereon.
      (1)   The Town Manager, acting as agent for the Town Council, shall receive applications for amendments to this chapter and shall refer them for recommendation as stated in division (C) above.
      (2)   The deadline for filing of applications for changes and amendments and special use permits and conditional use permits will normally be 5:00 p.m. on the day which is 35 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)   Hearing dates may be established for a regular or special meeting of the Town Council.
   (F)   Action of Town Council. The Town Council, after the public hearing on the application and the receipt of the recommendation of the Planning Board and the Zoning Administrator, shall then take 1 of the following actions:
      (1)   Approval of the application;
      (2)   Approval of a modified version of the application; or
      (3)   Denial of the application.
   (G)   Citizen comments. Subject to the limitations of this chapter, zoning regulations may from time to time be amended, supplemented, changed, modified, or repealed. If any resident or property owner in the local government submits a written statement regarding a proposed amendment, modification, or repeal to a zoning regulation, including a text or map amendment that has been properly initiated as provided in G.S. § 160D-601, to the Clerk to the Board at least 2 business days prior to the proposed vote on such change, the Clerk to the Board shall deliver such written statement to the Governing Board. If the proposed change is the subject of a quasi-judicial proceeding under G.S. § 160D-705 or any other statute, the Clerk shall provide only the names and addresses of the individuals providing written comment, and the provision of such names and addresses to all members of the Board shall not disqualify any member of the Board from voting.
   (H)   Withdrawal of application. An applicant may withdraw his or her or her application at any time by written notice to the Town Manager.
   (I)   Effect of denial on subsequent petitions.
      (1)   When the Town Council shall have denied an application the Town Council shall not receive another application for the same or similar amendment, affecting the same property or a portion of it until the expiration of a 1-year period, extending from the date of denial.
      (2)   Not more than 2 applications may be filed for rezoning all or part of the same property within any 12-month period.
   (J)   Fees. Fees for filing application for amendments shall be set by the Town Council.
(1981 Code, § 1111) (Ord. passed 6-28-2004; Am. Ord. passed 8-8-2023)
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