A. Purpose and Intent.
1. This Section describes the standard procedural steps and rules generally applicable to all development applications reviewed under this UDO.
2. The procedures provided in this Section are utilized by the City for the processing of applications for development permits or approvals.
3. It is the intent of this Section to establish a uniform set of procedures for development applications to be more effective and efficient for applicants, adjacent properties, elected officials and City staff.
4. The use made of property may not be substantially changed, and substantial clearing, grading, or excavation may not be commenced, and buildings or other substantial structures may not be constructed, erected, moved, or substantially altered except in accordance with and pursuant to this UDO.
5. Any deviation from these procedures, other than those required by statute, shall not be grounds for invalidating an otherwise valid decision.
B. Pre-Application Meeting.
1. The purpose of a pre-application meeting is to provide an opportunity for the applicant to meet with City staff to learn about the submittal requirements, procedures, and standards applicable to a particular development application.
2. The pre-application meeting also provides an opportunity for City staff to become familiar with the proposed project, and offer preliminary comments about the scope of the proposed development, as it relates to the standards in this Ordinance.
3. The pre-application meeting is not required but is encouraged.
C. Applications.
1. Development applications reviewed under this Ordinance shall be submitted by the landowner, contract purchaser, agent, or other person having a recognized property interest in the land on which development is proposed.
2. City staff shall establish application content and forms, which shall be maintained by the Director. The Director may change requirements for submission of required information when, in the Director’s opinion, such information is otherwise available or is not necessary to review the application.
3. The CC shall establish application fees, which shall be identified in the City’s adopted fee schedule and may amend and update those fees as necessary.
4. No application shall be considered for review until it is deemed complete. If the application is incomplete, the Director shall notify the applicant of their deficiencies. A complete application shall:
a. Contain all information and materials as required in the application form as designated by City staff;
b. Provide the number of copies required per the application;
c. Be signed by the person with the authority to file the application;
d. Be legible and printed to scale;
e. Include information in sufficient detail to evaluate whether or not the application complies with the applicable review standards in this Ordinance; and
f. Include the required fee for the particular type of application. If the application is incomplete, the Director shall notify the applicant of the deficiencies.
D. Neighborhood Meeting. The purpose of the neighborhood meeting is to inform owners and occupants of nearby lands about a development application that is going to be reviewed at an upcoming public hearing. The neighborhood meeting also provides an opportunity for the applicant to hear comments and concerns about the development proposal prior to the public hearing process. The neighborhood meeting is intended to provide general awareness of development applications, and as a means of resolving potential conflicts and concerns with nearby landowners.
1. Neighborhood meetings are not required but are strongly encouraged.
2. Neighborhood meetings maybe conducted up to ten (10) days prior to PB meeting and comply with the following procedures:
a. Applicant will notify at a minimum all property owners within 150 feet of the petitioned property via first class mail at least ten (10) days prior to the neighborhood meeting and shall include the following:
i. Date & time of meeting.
ii. Location of the meeting.
iii. Address/parcel number of the property being proposed for development.
iv. Property owners’ and applicants’ contact information and statement describing the purpose of the meeting.
b. Applicant will notify homeowner associations (if applicable).
c. If a neighborhood meeting is held it shall take place in a public or community space as close as possible to the site where the development is proposed.
E. Staff Review of Applications.
1. Application. City staff shall establish required application forms and associated required content. Applicants shall fully complete any required application and provide all associated required content.
2. Fees. The CC shall establish and maintain required application fees. Fees may be updated as required. No formal action or approval shall be given until all required application fees are paid in full.
3. Application Submittal. Applications and associated fees shall be submitted to the City for staff review. An application will not be considered officially submitted unless it is deemed complete.
4. Completeness Review. Upon receiving an application, the review authority responsible for initial review shall ensure that all required information is provided in the application.
a. Contains all information and materials as required for submittal of the particular type of application;
b. Provides the number of copies required for application submittal;
c. Is signed by the person with the authority to file the application;
d. Is legible and printed to scale;
e. Includes information in sufficient detail to evaluate whether or not the application complies with the applicable review standards in this Ordinance; and
f. The appropriate fee is submitted for the particular type of application.
5. Formal Review. After staff deems an application complete, the application shall be considered as officially submitted. Staff shall begin formal review of the application.
a. The application shall be distributed to all appropriate review bodies within the City.
b. Each appropriate review body shall review and comment on the application. If any deficiencies exist, review bodies shall contact the applicant and inform them of said deficiencies. The applicant shall be provided opportunity to discuss any deficiencies and resubmit any required information in the form of a resubmittal.
c. Upon receiving all required information, the appropriate review body shall deem the application complete through formal review and summarize its findings in a staff report to be reviewed by the decision body and discussed at a public hearing (if required).
6. Conflicts of Interest. No staff member shall make a final decision on an administrative decision required by G.S. Ch. 160D if the outcome of that decision would have a direct, substantial, and readily identifiable financial impact on the staff member or if the applicant or other person subject to that decision is a person with whom the staff member has a close familial, business, or other associational relationship.
F. Public Meeting and Hearing Notice Requirements.
1. Public Meetings and Public Hearings. Public Meetings and Public Hearings shall comply with the Quasi-Judicial and Legislative provisions below.
2. Public Notice Requirements. Notice shall be given as follows:
APPLICATION TYPE | APPROVING AUTHORITY | TYPE OF REQUIRED NOTIFICATION | ||
PUBLISHED NOTICE | MAILED NOTICE | POSTED NOTICE | ||
APPLICATION TYPE | APPROVING AUTHORITY | TYPE OF REQUIRED NOTIFICATION | ||
PUBLISHED NOTICE | MAILED NOTICE | POSTED NOTICE | ||
LEGISLATIVE PROCESSES | ||||
Land Use Plan Amendment | City Council | X | X | X |
Unified Development Ordinance Text Amendment | City Council | X | ||
Development Agreement | City Council | X | ||
Zoning Map Amendment (Rezoning) | City Council | X | X | X |
Planned Development | City Council | X | X | X |
Vested Rights Certificate | City Council | X | X | X |
QUASI-JUDICIAL PROCESS | ||||
Special Use Permit | Board of Adjustment | X | X | |
Variance | Board of Adjustment | X | X | X |
Appeals | Board of Adjustment | X | X | X |
Temporary Use Permit (60 Days or More) | Board of Adjustment | X | X | X |
Certificate of Appropriateness | Historic District Commission | X | X | X |
KEY: X = Required | ||||
1. Published Notice Requirements. Published notices shall identify the date, time and place of the public meeting or hearing, describe the subject property by address, describe the scope of proposed development, and identify a method to contact the City for questions regarding the proposed development. In any instance where the provisions of G.S. § 160D-601 require a published notice, the review authority shall ensure the required notice is published in a newspaper that is regularly published once per week and has general circulation within the City.
2. Mailed Notice Requirements. Mailed notices shall identify the date, time and place of the hearing, describe the subject property by address, describe the scope of proposed development, and identify a method to contact the City for questions regarding the proposed development. In any instance where the provisions of G.S. §§ 160D-406 or 160D-602 require a mailed notice, the review authority shall ensure the mailed notice is completed in accordance with the following:
a. Mailed notices shall be provided to the applicant, landowner, and all landowners entitled to receive notice in accordance with G.S. §§ 160D-406 or 160D-602;
b. The required mailed notice shall be sent via United States first class mail;
c. A copy of the mailed notice shall be kept in the offices of the review authority for public record purposes;
d. Notice shall be provided at least ten (10) days but not more than twenty-five (25) days prior to the date of the hearing.
3. Posted Notice Requirements. Posted notices shall identify the date, time and place of the public hearing, describe the subject property by address, describe the scope of proposed development, and identify a method to contact the City for questions regarding the proposed development. In any instance where the provisions of G.S. §§ 160D-406 or 160D-602 require a posted notice, the notice shall be place prominently on the site that is the subject of the hearing, or on an adjacent street or highway right-of-way, at least ten (10) days, but not more than twenty-five (25) days, prior to the date of the hearing.
4. Legislative Public Hearings. Legislative public hearing shall be held in accordance with all State law and comply with the following requirements:
a. Legislative public hearings are not quasi-judicial in nature.
b. The legislative public hearing shall be open to the public and attendees shall be allowed opportunity to comment.
c. The provisions of G.S. §§ 160D-308, 160D-309, 160D-109, shall apply with respect to Oath, Conflicts of Interest and record keeping.
d. Decisions for legislative public hearing applications shall be decided by a simple majority vote.
e. The applicant may agree to modify the rezoning application, including plans and specifications submitted, in response to questions or comments by persons appearing at the public hearing or to suggestions or recommendations by the Planning staff or Planning Board.
f. Unless such modifications are so substantial that the approving authority cannot reasonably be expected to perceive the nature and impact of the proposed changes without revised plans before it, the approving authority may approve the application with the stipulation that the permit will not be issued until plans reflecting the agreed upon changes are submitted to the Planning and Development Department.
g. Where deemed appropriate by City Council, modifications may be referred back to the Planning Board for review, prior to further consideration. The City Council may choose one of the following options:
i. Continue the public hearing to a new date and time certain without further advertising; or
ii. Close the public hearing and re-publish notice of any future public hearings in accordance within this section.
5. Quasi-Judicial Evidentiary Hearings. Quasi-judicial evidentiary hearings shall be held in accordance with all State law and G.S. § 160D-406. Quasi-judicial evidentiary hearings and rulings must be based upon only the evidence received by the review/approval authority at the hearing and comply with the following requirements:
a. Testimony and evidence may be provided by any parry in attendance. The party shall be afforded a reasonable opportunity to provide testimony, ask questions, or cross examine an applicant and City staff.
b. The administrator or staff to the review authority shall transmit to the review authority all applications, reports, and written materials relevant to the matter being considered and comply with G.S. § 160D-406(c).
c. The chair or officer of the review/approval authority may exclude or limit incompetent evidence and/or personal attacks.
d. The applicant, City, and any person who would have standing to appeal the decision under G.S. § 160D-1402(d) shall have the right to participate as a party at the evidentiary hearing. Other witnesses may present competent, material, and substantial evidence that is not repetitive as allowed by the review authority.
e. The review/approval authority shall act as a fact-finding body and make a decision in accordance with evidence presented.
f. Ex parte communications are prohibited between applicant or affected party and a member of the review/approval authority.
g. Any conflict of interest (perceived or actual) shall be disclosed and a review/decision authority member shall not participate in or vote on any quasi-judicial matter if a conflict of interest exists.
G. Conditions of Approval. Conditions of approval shall comply with the following:
1. Conditions of approval are limited to a conditional rezoning and quasi-judicial processes;
2. Conditions of approval shall be limited to conditions necessary to ensure compliance with the UDO, or to prevent or mitigate adverse effects from the proposed development;
3. Any condition of approval shall be set forth in any official notice of decision or permit approval; and
4. Conditions of approval may be proposed by applicant, City staff, or the particular review/approval authority.
5. Only those conditions mutually approved by the CC and the applicant may be incorporated into a conditional district rezoning.
H. Timing.
1. Continued Hearings. The particular approval authority or applicant may continue a public or evidentiary hearing to a subsequent date. No further notice of a continued hearing need be published. A request to continue a hearing may be approved if the applicant needs additional time to gather additional information, gather additional public input, or prepare additional evidence.
2. Withdrawal. An applicant may withdraw an application at any time and is subject to any incurred fees.
3. Subsequent Applications. If a development application requiring a legislative public hearing is denied, no application proposing same or similar development on all or part of the same site shall be submitted within one (1) year after the date of denial. The Director of Planning and Development, or designee, may waive this requirement if the application has been significantly modified or there has been a significant change in the facts or circumstances since the previous request. For the purposes of this section, “the same or similar development” shall mean:
a. The same use type (s) in the same approximate location (s) as the denied application; or
b. The same use type (s) in the same approximate building configuration (e.g., building height, floor area, massing) as the denied application.