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(A) Any development for which a building permit has been issued prior to the effective date of this Ordinance, or prior to the effective date of any amendment hereto which renders the development non- conforming, may be carried out in accordance with that building permit and shall be deemed lawfully existing under the terms of this Ordinance, provided that:
(1) The permit was validly issued;
(2) The permit has not expired;
(3) The permit has not been revoked.
(B) This Section shall not apply where the property owner consents to making the development conform to the requirements of this Ordinance, or any amendment thereto, which would make the development non-conforming.
If the development permit is denied, the applicant may appeal the action of the Village Planner to the Zoning Board of Adjustment as provided for in Chapter 5.
The following typical permits, approvals, and reviews are required in order to receive a development permit, depending upon the type of the development:
(A) From the Village:
(1) Variance/Administrative Appeal (Chapter 5)
(2) Text Amendment/Rezoning (Chapter 6)
(3) Signage Plan (Chapter 9)
(4) (Reserved)
(5) Landscaping Plan (Chapter 9)
(6) Exterior Lighting Plan (Chapter 9)
(7) Subdivision Approval (Chapter 9)
(8) Site Plan Approval (Chapter 9)
(9) Special Use Permit (Section 4.5)
(10) Historic District Certificate of Appropriateness (Chapter 8)
(11) Driveway Permit, Village Maintained Streets or NCDOT streets
(12) Right-of-way Encroachment
(13) Other applicable permits as required
(B) From other agencies:
(1) Erosion Control Plan (State of North Carolina)
(2) Septic Tank/Well Permit (Moore County)
(3) Airport Zone Permit (Moore County)
(4) Driveway Permit, State Maintained Streets (NCDOT)
(5) Right-of-way Encroachment
(6) U.S. Fish and Wildlife Approval
(7) Other applicable permits as required
(C) Compliance with the Engineering Standards and all other applicable conditions contained in this Ordinance.
(A) It is the intent of the Village to accommodate the simultaneous processing of applications for different permits and approvals, which may be required for the same development project, in order to make the review process as reasonable as possible for a development project. Even though this Section establishes an intent to accommodate the simultaneous processing of different types of applications, the applicant should note that each of the permits and approvals set forth in this Ordinance has its own timing and review sequence and should take this into consideration in planning the development;
(B) Notwithstanding (A) above, no application for the rezoning of property shall be accepted or processed while an application for a development permit is pending for the same property, nor shall an application for a development permit be accepted or processed while an application for rezoning is pending for the same property.
(A) Where the Property is Located Within the Extraterritorial Jurisdiction: Where the owner or developer of a property located in the extraterritorial jurisdiction, but not within the Village limits, wishes the Village to annex the property into the Village's corporate boundaries, as well as to approve proposed development on the property, then a voluntary annexation petition shall be submitted at the same time as an application for all development permits and must be submitted prior to the Village Council's approval of the site plan or preliminary subdivision plat;
(B) Where a Property is Located Outside of the Jurisdiction of the Village: Where the owner or developer of a property located outside of the jurisdiction of this Ordinance, wishes the Village to annex the property into the Village's corporate boundaries, then a voluntary annexation petition shall be submitted at the same time as an application for rezoning and/or a development permit. Final action by the Village Council must be taken on the annexation petition prior to any final action being taken on the initial zoning or development.
An application for approval of any permit required by this Ordinance may be filed only by the owner of the property on which the use is to be located, an agent of the owner, or contract purchaser specifically authorized by the owner to file such application, or any unit of government which is not the owner of the property but proposes to acquire the property by purchase, gift, or condemnation. Where an agent, lessee, or contract purchaser files the application, the agent, lessee, or contract purchaser shall provide the Village with written documentation that the owner of the property has authorized the filing of the application.
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