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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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§ 152.049 BURDEN OF PRESENTING EVIDENCE AND PERSUASION.
   (A)   The burden of presenting a complete application as described in § 152.043 to the permit-issuing authority (Land Use Administrator, Board of Adjustment, or Board of Commissioners) shall be upon the applicant. The application shall be presumed to be complete unless, at the hearing, the permit-issuing authority informs the applicant that the application is incomplete, provides the reasons why the application is incomplete, and offers the applicant an opportunity to complete the application (either at that meeting or a continuation hearing).
   (B)   Once a completed application has been submitted, the burden of presenting sufficient evidence to lead the permit-issuing authority to conclude that said application should be denied for any reason stated in § 152.048(C) or (D) shall be upon the party or parties urging the denial, unless the information presented by the applicant in his, her, or their application and at the public hearing is sufficient to justify a reasonable conclusion that a reason exists to so deny the application.
   (C)   (1)   The burden of persuasion on the issue of whether the development, if completed as proposed, will comply with the requirements of this chapter remains at all times on the applicant.
      (2)   The burden of persuasion on the issue of whether the application should be turned down for any reasons set forth in § 152.048(C) rests on the party or parties urging that the requested permit should be denied.
(Ord. passed 12-20-2001)
§ 152.050 RECOMMENDATIONS ON SPECIAL USE PERMIT APPLICATIONS.
   (A)   When presented to the Board of Adjustment at the hearing, the application for a special use permit shall be accompanied by a report setting forth:
      (1)   The planning staff’s proposed findings concerning the application’s compliance with § 152.043;
      (2)   Other requirements of this chapter; and
      (3)   Any staff recommendations for additional requirements to be imposed by the Board of Adjustment.
   (B)   If the staff proposes a finding or conclusion that the application fails to comply with § 152.043, or with any other requirement of this chapter, then the staff shall identify the requirement in question and specifically state supporting reasons for the proposed findings or conclusions.
   (C)   The applicant may submit reports, arguments, proposed findings, or other documents to the Land Use Administrator (on a schedule to be established by the Land Use Administrator) to be forwarded to the Board of Adjustment with the Land Use Administrator’s findings as required in division (A) above.
(Ord. passed 12-20-2001)
§ 152.051 PLANNING BOARD AND PLANNING STAFF RECOMMENDATIONS ON CONDITIONAL USE PERMIT APPLICATIONS.
   (A)   Before being presented to the Board of Commissioners, an application for a conditional use permit shall be referred to the Planning Board for review and action in accordance with this section. The Board of Commissioners may not hold a public hearing on a conditional use permit application until the Planning Board has had an opportunity to consider the application (pursuant to standard agenda procedures) at one regular meeting. In addition, at the request of the Planning Board, the Board of Commissioners may continue the public hearing to allow the Planning Board more time to consider the application.
   (B)   When presented to the Planning Board, a conditional use permit application shall be accompanied by a report setting forth:
      (1)   The planning staff’s proposed findings concerning the application’s compliance with § 152.043;
      (2)   Other requirements of this chapter; and
      (3)   Any staff recommendations for additional requirements to be imposed by the Board of Commissioners. If the planning staff report proposes a finding or conclusion that the application fails to comply with § 152.043 or any other requirement of this chapter, then the report shall identify the requirement in question and specifically state supporting reasons for the proposed findings or conclusions.
   (C)   The applicant may submit reports, arguments, proposed findings, or other documents to the Land Use Administrator (on a schedule to be established by the Land Use Administrator) to be forwarded to the Board of Adjustment with the Land Use Administrator’s findings as required in division (A) above.
   (D)   The Planning Board shall consider the application and the attached staff report in a timely fashion, and will hear from the applicant or members of the public. (See § 152.136.)
   (E)   In response to the Planning Board’s recommendations, the applicant may modify this application prior to submission to the Board of Commissioners, and the planning staff may likewise revise its recommendations.
(Ord. passed 12-20-2001)
§ 152.052 BOARD OF COMMISSIONERS ACTION ON CONDITIONAL USE PERMITS.
   In considering whether to approve an application for a conditional use permit, the Board of Commissioners shall proceed according to the following format.
   (A)   (1)   The Board of Commissioners shall consider whether the application is complete.
      (2)   If no member moves that the application be found incomplete (specifying either the particular type of information lacking or the particular requirement with respect to which the application is incomplete), then this shall be taken as an affirmative finding by the Board of Commissioners that the application is complete.
   (B)   The Board of Commissioners shall consider whether the application complies with all of the applicable requirements of this chapter.
      (1)   If a motion to this effect passes, then the Board of Commissioners need not make further findings concerning such requirements.
      (2)   If such a motion fails or is not made, then a motion shall be made that the application be found not in compliance with one or more of the requirements of this chapter.
      (3)   Such a motion shall specify the particular requirements the application fails to meet.
      (4)   Separate votes may be taken with respect to each requirement not met by the application.
      (5)   It shall be conclusively presumed that, through this application process, the application complies with all requirements not found by the Board of Commissioners to be unsatisfied.
   (C)   If the Board of Commissioners concludes that the application fails to comply with one or more requirements of this chapter, then the application shall be denied.
      (1)   If the Board of Commissioners concludes that all such requirements are met, then the Board shall issue the permit unless the Board adopts a motion to deny the application for one or more of the reasons set forth in § 152.048.
      (2)   Such a motion shall state specific findings, based upon the evidence submitted, justifying the conclusion.
(Ord. passed 12-20-2001)
§ 152.053 BOARD OF ADJUSTMENT ACTION ON SPECIAL USE PERMITS.
   (A)   In considering whether to approve an application for a special use permit, the Board of Adjustment (BOA) shall proceed in the same manner that the Board of Commissioners proceeds when considering an application for a conditional use permit applications. (See § 152.052.)
   (B)   When considering whether to approve an application for a special use, the BOA shall proceed according to the following format.
      (1)   The BOA shall consider whether the application is complete.
         (a)   If the BOA concludes an application is incomplete and the applicant refuses to provide the necessary information, then the application shall be denied.
         (b)   A motion to this effect shall specify either the particular type of information lacking or the particular requirement with respect to which the application is incomplete.
         (c)   A motion to this effect, concurred by two members of the Board, shall constitute the BOA’s finding on this issue.
         (d)   If a motion to this effect is not made and concurred in by at least two members, then this shall be taken as an affirmative finding by the BOA that the application is complete.
      (2)   The BOA shall consider whether the application complies with all of the applicable requirements of this chapter.
         (a)   If a motion to this effect passes by the necessary four-fifths vote, then the BOA need not make further findings concerning such requirements.
         (b)   If such a motion fails to receive the necessary four-fifths vote or is not made, then a motion shall be made that the applicant be found not in compliance with one or more requirements of this chapter.
         (c)   Such a motion shall specify the particular requirements the application fails to meet.
         (d)   A separate vote may be taken with respect to each requirement not met by the application, and the vote of the number of members equal to more than one-fifth of the BOA membership (excluding vacant seats) in favor of such a motion shall be sufficient to constitute such motion a finding of the BOA.
         (e)   It shall be conclusively presumed that the application complies with all requirements not found by the BOA to be unsatisfied through this process.
         (f)   As provided in § 152.048, if the Board concludes that the application fails to meet one or more of the requirements of this chapter, then the application shall be denied.
      (3)   (a)   If the BOA concludes that all such requirements are met, then it shall issue the permit unless it adopts a motion to deny the application for one or more of the reasons set forth in § 152.048.
         (b)   Such a motion shall state specific findings, based upon the evidence submitted, justifying the conclusion.
         (c)   Since such a motion is not in favor of the applicant, it is carried by a simple majority vote.
(Ord. passed 12-20-2001) Penalty, see § 152.999
§ 152.054 ADDITIONAL REQUIREMENTS FOR SPECIAL USE PERMITS AND CONDITIONAL USE PERMITS.
   (A)   Subject to division (B) below, in granting special use permits or conditional use permits, the Board of Adjustment or Board of Commissioners, respectively, may attach to the permit such reasonable requirements (in addition to those specified in this chapter) to ensure that the development in its proposed location will:
      (1)   Not endanger the public health or safety;
      (2)   Not injure the value of adjoining or abutting property;
      (3)   Be in harmony with the area in which it is located; and
      (4)   Be in conformity with the land-use plan, thoroughfare plan, or other plan officially adopted by the Board of Commissioners.
   (B)   The permit-issuing board (BOA or BOC) may not attach additional conditions that modify or alter the specific requirements set forth in this chapter unless the development in question presents extraordinary circumstances that justify the variation from the specified requirements.
   (C)   Without limiting the foregoing, the BOA or BOC may attach to a permit a condition limiting the permit for a specified duration.
   (D)   All additional conditions or requirements shall be included on the permit.
   (E)   All additional conditions or requirements authorized by this section are enforceable in the same manner and to the same extent as any other applicable requirement of this chapter.
   (F)   A vote may be taken on application conditions or requirements before consideration of whether the permit should be denied for any reason(s) as set forth in § 152.048.
(Ord. passed 12-20-2001)
§ 152.055 AUTHORIZING USE, OCCUPANCY, OR SALE BEFORE COMPLETION OF DEVELOPMENT UNDER SPECIAL USE PERMITS OR CONDITIONAL USE PERMITS.
   (A)   In cases when, because of weather conditions or other factors beyond the control of the special use or conditional use permit recipient (exclusive of financial hardship) it would be unreasonable to require the permit recipient to comply with all of the requirements of this chapter before commencing the intended use of the property or occupying any buildings or selling lots in a subdivision, the permit-issuing board (BOA or BOC) may authorize the commencement of the intended use or the occupancy of buildings or the sale of subdivision lots (insofar as the requirements of this chapter are concerned) if the permit recipient provides a performance bond or other security satisfactory to the permit-issuing board to ensure that all of these requirements will be fulfilled within a reasonable period (not to exceed 12 months).
   (B)   When the permit-issuing board (BOA or BOC) imposes additional requirements upon the permit recipient in accordance with § 152.054 or when the developer proposes in the plans submitted to install amenities beyond those required by this chapter, the permit-issuing board may authorize the permittee to commence the intended use of the property or to occupy any building or to sell any subdivision lots before the additional requirements are fulfilled or the amenities installed if the permit-issuing board specifies a date by which or a schedule according to which such requirements must be met or each amenity installed, and if the permit-issuing board concludes that compliance will be ensured as the result of any one or more of the following:
      (1)   A performance bond or other security to the permit-issuing board is furnished;
      (2)   A condition is imposed establishing an automatic expiration date on the permit, thereby ensuring that the permit recipient’s compliance will be reviewed when application for renewal is made; and/or
      (3)   The nature of the requirements or amenities is such that sufficient assurance of compliance is given by §§ 152.158 and 152.999.
   (C)   With respect to subdivisions in which the developer is selling only undeveloped lots, the Board of Commissioners may authorize final plat approval and the sale of lots before all the requirements of this chapter are fulfilled if the subdivider provides a performance bond or other security (satisfactory to the Board of Commissioners) to ensure that all of the requirements will be fulfilled within not more than 12 months after final plat approval.
   (D)   Nothing in this section shall prohibit any owner or its agent from entering into contracts to sell or lease by reference to an approved preliminary plat for which a final plat has not yet been properly approved under §§ 152.095 through 152.102 or recorded with the Register of Deeds.
(Ord. passed 12-20-2001) Penalty, see § 152.999
Statutory reference:
   Penalties for transferring lots in unapproved subdivisions, see G.S. § 160D-807
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