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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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§ 152.056 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)
§ 152.059 AMENDMENTS TO AND MODIFICATIONS OF PERMITS.
   (A)   Insignificant deviations from a permit (including approved plans) issued by the Board of Commissioners, the Board of Adjustment, or the Land Use Administrator are permissible, and the Land Use Administrator may authorize such insignificant deviations. A deviation is insignificant if it has no discernible impact on neighboring properties, the general public, or those intended to occupy or use the proposed development.
   (B)   (1)   Minor design modifications or changes to a permit (including approved plans) are permissible with the approval of the permit-issuing authority (Land Use Administrator, Board of Adjustment, or the Board of Commissioners). Such permission may be obtained without a formal application, public hearing, or payment of any additional fee.
      (2)   For purposes of this section, minor design modifications or changes are those that have no substantial impact on neighboring properties, the general public, or those intended to occupy or use the proposed development.
   (C)   (1)   All other requests for changes to an approved a permit (including approved plans) will be processed as new applications.
      (2)   If such requests are required to be acted upon by the Board of Commissioners or Board of Adjustment, then new conditions may be imposed in accordance with § 152.054, but the applicant retains the right to reject such additional conditions by withdrawing the request for an amendment and may then proceed in accordance with the previously issued permit.
   (D)   The Land Use Administrator shall determine whether amendments to and modifications of permits fall within the categories set forth above in divisions (A), (B), and (C) above.
   (E)   A developer requesting approval of changes to a permit shall submit a written request for such approval to the Land Use Administrator, and that request shall identify said changes. Approval of all changes must be provided in writing.
(Ord. passed 12-20-2001)
§ 152.060 RECONSIDERATION OF BOARD ACTION.
   (A)   Whenever the Board of Commissioners disapproves a conditional use permit application, or the Board of Adjustment disapproves an application for a special use permit or a variance on any basis other than the failure of the applicant to submit a complete application, such action may not be reconsidered by the respective Board at a later time unless the applicant clearly demonstrates that:
      (1)   Circumstances affecting the property that is the subject of the application have substantially changed; or
      (2)   New information is available that could not, with reasonable diligence, have been previously presented. A request to be heard on this basis must be filed with the Land Use Administrator within the time period for an appeal to superior court (see § 152.159); however, such a request does not extend the period within which an appeal must be taken.
   (B)   Notwithstanding division (A) above, the Board of Commissioners or Board of Adjustment may at any time consider a new application affecting the same property as an application previously denied. A new application is one that differs in some substantial way from the one previously considered.
(Ord. passed 12-20-2001)
§ 152.061 APPLICATIONS TO BE PROCESSED EXPEDITIOUSLY.
   Recognizing that inordinate delays in acting upon appeals or applications may impose unnecessary costs on the appellant or applicant, the town shall make every reasonable effort to process appeals and permit applications as expeditiously as possible, consistent with the need to ensure that all development conforms to the requirements of this chapter.
(Ord. passed 12-20-2001)
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