Skip to code content (skip section selection)
Compare to:
Pinebluff Overview
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
Loading...
§ 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
§ 152.056 COMPLETING DEVELOPMENTS IN PHASES.
   (A)   If a development is constructed in phases or stages in accordance with this section, then, subject to division (C) below, the provisions of §§ 152.041 and 152.055 shall apply to each phase as if it were the entire development.
   (B)   As a prerequisite to taking advantage of the provisions of division (A) above, the developer shall submit plans that clearly show:
      (1)   The various phases or stages of the proposed development; and
      (2)   The requirements of this chapter that will be satisfied with respect to each phase or stage.
   (C)   (1)   If a development that is to be built in phases or stages includes improvements that are designed to, relate to, benefit, or are to be used by the entire development (such as a swimming pool or tennis courts in a residential development) then, as part of the application for development approval, the developer shall submit a proposed schedule of completion regarding such improvements.
      (2)   The schedule shall relate completion of such improvements to completion of one or more phases or stages of the entire development.
      (3)   Once a schedule has been approved and made part of the permit by the permit-issuing authority, no land may be used, no buildings may be occupied, and no subdivision lots may be sold except in accordance with the schedule approved as part of the permit, provided that.
         (a)   If the improvement is one required by this chapter, then the developer may utilize the provision of § 152.055(A) or (C).
         (b)   If the improvement is an amenity, not required by this chapter, or is provided in response to a condition imposed by the permit-issuing authority, then the developer may utilize the provisions of § 152.055.
         (c)   Changes in phasing schedules may be made in the same manner as other permit modifications pursuant to the procedures set forth in § 152.059.
(Ord. passed 12-20-2001) Penalty, see § 152.999
§ 152.057 EXPIRATION OF PERMITS.
   (A)   Zoning permits, special use permits, conditional use permits, and sign permits shall expire automatically if, within two years after the issuance of such permits (i.e., the “vested period”):
      (1)   The use authorized by such permits has not commenced, in circumstances where no substantial construction, erection, alteration, excavation, demolition, or similar work is necessary before commencement of such use; or
      (2)   Less than 10% of the total cost of all construction, erection, alteration, excavation, demolition, or similar work on any development authorized by such permits has been completed on the site. With respect to a phased development (§ 152.056), this requirement shall apply only to the first phase.
   (B)   If a physical alteration to land or structures begins to take place following the 24 month vested period (see “vested period” in division (A) above) and if such work is discontinued for a period of one year, then the permit authorizing such work shall immediately expire; however, expiration of the permit shall not affect the provisions of § 152.058.
   (C)   The permit-issuing authority (Land Use Administrator, Board of Adjustment, or Board of Commissioners) may, pursuant to divisions (A) or (B) above, extend the date when a permit would otherwise expire (i.e., extend the vested period) if said authority concludes that:
      (1)   The permit has not yet expired;
      (2)   The permit recipient has proceeded with due diligence and in good faith; and
      (3)   Conditions have not changed so substantially as to warrant a new application. Successive extensions may be granted for periods up to six months upon the same findings. All such extensions may be granted without resort to the formal processes and fees required for a new permit.
   (D)   For purposes of this section, a permit within the jurisdiction of the Board of Commissioners or the Board of Adjustment is issued when such Board votes to approve the application and issue the permit. A permit within the jurisdiction of the Land Use Administrator is issued when the earlier of the following takes place:
      (1)   A copy of the fully executed permit is delivered to the permit recipient (delivery is accomplished when the permit is hand-delivered or mailed to the permit applicant); or
      (2)   The Land Use Administrator notifies the permit applicant that the application has been approved and that all that remains before a fully executed permit can be delivered is for the applicant to take certain specified actions (such as having the permit executed by the property owner so it can be recorded if required).
   (E)   Notwithstanding any of the provisions in §§ 152.170 through 152.182, this section shall be applicable to permits issued prior to the date this section becomes effective.
(Ord. passed 12-20-2001) Penalty, see § 152.999
§ 152.058 EFFECT OF PERMITS ON SUCCESSORS AND ASSIGNS.
   (A)   Zoning, special use, conditional use, and sign permits authorize the permittee to make use of land and structures in a particular way. Such permits are transferable; however, as long as the land or structures or any portion thereof covered under a permit continues to be used for the purposes for which the permit was granted, then.
      (1)   No person (including successors or assigns of the person who obtained the permit) may make use of the land or structures covered under such permit for the purposes authorized in the permit except in accordance with all the terms and requirements of that permit.
      (2)   The terms and requirements of the permit apply to and restrict the use of land or structures covered under the permit, not only with respect to all persons having any interest in the property at the time the permit was obtained but also with respect to persons who subsequently obtain any interest in all or part of the covered property and wish to use it for or in connection with purposes other than those for which the permit was originally issued, so long as the persons who subsequently obtain an interest in the property had actual or record notice as provided in division (B) below of the existence of the permit at the time they acquired their interest.
   (B)   Whenever a zoning, special use, or conditional use permit is issued to authorize development (other than single-family or two-family residences) on a tract of land in excess of one acre, nothing authorized by the permit may be done until the record owner of the property signs a written acknowledgment that the permit has been issued so that the permit may be recorded in the county’s Register of Deeds and indexed under the record owner’s name as grantor.
(Ord. passed 12-20-2001)
Loading...