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Pinebluff, NC Code of Ordinances
PINEBLUFF, NORTH CAROLINA CODE OF ORDINANCES
CHARTER
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: BUILDING CODE
CHAPTER 151: HOUSING CODE
CHAPTER 152: UNIFIED DEVELOPMENT
GENERAL PROVISIONS
ADMINISTRATIVE MECHANISMS
ZONING, SPECIAL USE, AND CONDITIONAL USE PERMITS
INFORMATION REQUIRED WITH APPLICATIONS
MAJOR AND MINOR SUBDIVISIONS
APPEALS, VARIANCES, SPECIAL EXCEPTIONS, AND INTERPRETATIONS
HEARING PROCEDURES FOR APPEALS AND APPLICATIONS
ENFORCEMENT AND REVIEW
NONCONFORMING SITUATIONS
ZONING DISTRICTS AND MAP
PERMISSIBLE USES
SUPPLEMENTARY USE REGULATIONS
INDUSTRIAL MANUFACTURING AND PROCESSING PERFORMANCE STANDARDS
DENSITY AND DIMENSIONAL REGULATIONS AND ARCHITECTURAL STANDARDS
RECREATIONAL FACILITIES AND OPEN SPACE
STREETS AND SIDEWALKS
SPECIFICATIONS FOR STREET DESIGN AND CONSTRUCTION
UTILITIES
FLOODWAYS, FLOODPLAINS, DRAINAGE, AND EROSION
SIGNS
PARKING
SCREENING AND SHADING
GUIDE FOR LANDSCAPING
SEXUALLY-ORIENTED BUSINESSES
AMENDMENTS
CONDITIONAL USE DISTRICT REZONING
CHAPTER 153: FLOOD DAMAGE PREVENTION
TABLE OF SPECIAL ORDINANCES
PARALLEL REFERENCES
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§ 152.025 BOARD OF COMMISSIONERS.
   (A)   The Board of Commissioners is the governing body of the town.
   (B)   The Board of Commissioners, in considering conditional use permit applications, acts in a quasi-judicial capacity and, accordingly, is required to observe the procedural requirements set forth in § 152.022.
   (C)   In considering proposed changes to the text of this chapter or to the zoning map, the Board of Commissioners acts in its legislative capacity and must proceed in accordance with the requirements of §§ 152.565 through 152.571.
   (D)   Unless otherwise specifically provided in this chapter, in acting upon conditional use permit requests or in considering amendments to this chapter or to the zoning map, the Board of Commissioners shall follow the regular, voting, and other requirements as set forth in other provisions of the town code, the town’s charter, or general law.
   (E)   A member may be allowed to withdraw from:
      (1)   The entire remainder of a meeting; or
      (2)   For a single item by majority vote of the remaining members present for any good and sufficient reason other than the member’s desire to avoid voting on matters to be considered at that meeting, or from quasi-judicial hearings for the reasons listed in § 152.022. In addition, any member may abstain, without a motion and vote of the Board, on any vote on an application brought under §§ 152.565 through 152.571, including major or minor amendments, text amendments or conditional use district rezoning. The vote of any member abstaining shall not be counted as an affirmative vote.
   (F)   A motion to allow a member to be excused from voting on an item(s) or excused from the remainder of the meeting is in order if the standards of § 152.022 apply.
   (G)   A roll call vote shall be taken upon the request of any member.
(Ord. passed 12-20-2001)
ZONING, SPECIAL USE, AND CONDITIONAL USE PERMITS
§ 152.040 PERMITS REQUIRED.
   (A)   The term “permit-issuing authority” is often used in this and other sections in this chapter. The term “permit-issuing authority” means, depending on the context, the Land Use Administrator, the Board of Adjustment, or the Board of Commissioners. Typically, if the context relates to a zoning permit, then a reference to “permit-issuing authority” means the Land Use Administrator, if the context is related to a special use permit, then “permit-issuing authority” means the Board of Adjustment (BOA), and if the context is related to a conditional use permit, then “permit-issuing authority” means the Board of Commissioners (BOC). The use made of property may not be substantially changed, and substantial clearing, grading, or excavating 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 one of the following permits:
      (1)   A zoning permit (and/or sign permit, as applicable) issued by the Land Use Administrator;
      (2)   A special use permit issued by the Board of Adjustment; or
      (3)   A conditional use permit issued by the Board of Commissioners.
   (B)   Pursuant to this chapter, zoning permits, special use permits, conditional use permits, and sign permits will be issued only after a review of a submitted application, including the plans contained therein, indicates that a project or development, if completed as proposed, will comply with the provisions of this chapter. Such applications and plans that are finally approved shall be incorporated into any issued permit, and except as otherwise provided in § 152.058, all projects(s) and development(s) shall occur strictly in accordance with such approved applications and plans.
   (C)   Physical improvements to land to be subdivided may not be commenced except in accordance with a conditional use permit issued by the Board of Adjustment for major subdivisions or after final plat approval by the Land Use Administrator for minor subdivisions. (See §§ 152.095 through 152.102.)
   (D)   A zoning permit, special use permit, conditional use permit, or sign permit shall be issued in the name of the applicant (except that applications submitted by an agent shall be issued in the name of the principal), shall identify the property involved and the proposed use, shall incorporate by reference the plans submitted, and shall contain any special conditions or requirements lawfully imposed by the permit-issuing authority (Land Use Administrator, Board of Adjustment, or Board of Commissioners). All such permits issued with respect to tracts of land in excess of one acre (except sign permits and zoning permits for single-family and two-family residential uses) shall be recorded in the county’s Register of Deeds after execution by the Land Use Administrator after execution by the record owner as provided in § 152.058.
(Ord. passed 12-20-2001) Penalty, see § 152.999
§ 152.041 NO OCCUPANCY, USE, OR SALE OF LOTS UNTIL REQUIREMENTS FULFILLED.
   (A)   Issuance of a zoning permit, special use permit, or conditional use permit authorizes the recipient to commence the activity resulting in a change in use of the land, or (subject to obtaining a building permit) to commence work designed to construct, erect, move, or substantially alter buildings or other substantial structures, or to make necessary improvements to a subdivision.
   (B)   Except as provided in §§ 152.047, 152.055, and 152.056, however, intended uses may not be commenced, buildings may not be occupied, and in the case of subdivisions, lots may not be sold until compliance with all of the requirements of this chapter and all additional requirements imposed pursuant to the issuance of a conditional use or special use permit.
   (C)   Nothing in this section shall prevent an owner or agent of the owner from entering into a contract to sell or lease under G.S. § 160D-807(b).
(Ord. passed 12-20-2001) Penalty, see § 152.999
§ 152.042 WHO MAY SUBMIT PERMIT APPLICATIONS.
   (A)   Applications for zoning permits, special use permits, conditional use permits, sign permits, or minor subdivision plat approvals will be accepted only from persons having the legal authority to take action in accordance with the permit (or the minor subdivision plat approval). This means that applications should be made by the owners or lessees of property, or their agents, or persons who have contracted to purchase property contingent upon their ability to acquire the necessary permits under this chapter, or the agents of such persons (who may make application in the name of such owners, lessees, or contract vendees).
   (B)   The Land Use Administrator may require an applicant to submit evidence of his, her, or their authority in order to submit an application in accordance with the division (A) above whenever there appears to be a reasonable basis for questioning the applicant’s authority.
(Ord. passed 12-20-2001)
§ 152.043 APPLICATIONS TO BE COMPLETE.
   (A)   All applications for zoning, special use, conditional use, or sign permits must be complete before the permit-issuing authority (Land Use Administrator, Board of Adjustment, or Board of Commissioners) is required to consider the application.
   (B)   Subject to division (C) below, an application is complete when it contains all of the information that is necessary for the permit-issuing authority to decide whether or not the development, if completed as proposed, will comply with all of the requirements of this chapter.
   (C)   In this chapter, detailed or technical design requirements and construction specifications relating to various types of improvements (streets, sidewalks, and the like) are set forth in one or more of the appendices. It is not necessary that the application contain the type of detailed construction drawings that would be necessary to determine compliance with these appendices provided that the application provides sufficient information to allow the permit-issuing authority (Land Use Administrator, BOA, or BOC) to evaluate the application in the light of the substantive requirements set forth in this text of this chapter. However, when this chapter requires a certain element of a development to be constructed in accordance with the detailed requirements set forth in one or more of these sections, then no construction work on such element may be commenced until detailed construction drawings have been submitted to and approved by the Land Use Administrator. Failure to observe this requirement may result in permit revocation, denial of final subdivision plat approval, or other penalty as provided in §§ 152.155 through 152.159 and 152.999.
   (D)   The presumption established by this chapter is that all of the information set forth in §§ 152.075 through 152.082 is necessary to satisfy the requirements of this section; however, it is recognized that each development is unique, and therefore the permit-issuing authority (Land Use Administrator, BOA, or BOC) may allow less information or require more information to be submitted according to the needs of the particular case. For applications submitted to the Board of Adjustment, the applicant may rely in the first instance on the recommendations of the Land Use Administrator as to whether more or less information than that set forth in §§ 152.075 through 152.082 should be submitted.
   (E)   The Land Use Administrator shall make every effort to develop application forms, instructional sheets, checklists, or other techniques or devices to assist applicants in understanding the application requirements and the form and type of information that must be submitted. In classes of cases where a minimal amount of information is necessary to enable the Land Use Administrator to determine compliance with this chapter, such as applications for zoning permits to construct single-family or two-family houses or applications for sign permits, the Land Use Administrator shall develop standard forms that will expedite the submission of the necessary plans and other required information.
(Ord. passed 12-20-2001) Penalty, see § 152.999
§ 152.044 STAFF CONSULTATION BEFORE FORMAL APPLICATION.
   (A)   To minimize development planning costs, avoid misunderstanding or misinterpretation, and ensure compliance with the requirements of this chapter, pre-application consultation between the developer and the planning staff is encouraged or required as provided in this section.
   (B)   Before submitting an application for a conditional use permit authorizing a development that consists of or contains a major subdivision, the developer shall submit to the Land Use Administrator a sketch plan of such subdivision, drawn approximately to scale (one inch equals 100 feet). The sketch plan shall contain:
      (1)   The name and address of the developer;
      (2)   The proposed name and location of the subdivision;
       (3)   The approximate total acreage of the proposed subdivision;
      (4)   The tentative street and lot arrangement;
      (5)   Topographic lines; and
      (6)   Any other information the developer believes necessary to obtain the informal opinion of the planning staff as to proposed subdivision’s compliance with the requirements of this chapter.
   (C)   The Land Use Administrator shall meet with the developer as soon as conveniently possible to review the sketch plan.
   (D)   Before submitting an application for any other permit, developers are strongly encouraged to consult with the planning staff concerning the application of this chapter to the proposed development.
(Ord. passed 12-20-2001) Penalty, see § 152.999
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