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No property shall be zoned R-Patio Home Residential District except by application of the owner of the property to be zoned in accordance with the provisions of § 94.68. By making such application the owner consents to be bound by the provisions of § 94.55A and § 94.68. The district is intended to be a quiet, flexible density neighborhood consisting of single family residences for the privacy and convenience of the residents. The patio home development is a permitted design alternative to provide for developments incorporating a single type or a variety of residential and related accessory uses which are planned and developed as a unit. Such development shall consist of individual lots. Common land must be an essential and important element of the plan related to affecting a long-term value of the entire development. The district shall obtain no less than six acres with density not greater than three dwellings per 1.05 acres and shall have the following minimum requirements:
(A) Permitted uses. Single-family detached dwellings.
(B) Dimensional requirements. The following dimensional requirements shall be complied with:
(1) Six thousand square feet minimum lot area per dwelling unit with the remaining area being designated as streets or common area.
(2) Yard, setback, lot size, type of building unit, height and frontage requirements shall be determined by the Village Council after consideration of any recommendation of the Planning Board under the procedure as set out in § 94.68.
(3) Minimum square footage for each residence shall be 2,000 square feet heated living space, exclusive of garages, patios, open porches and decks.
(4) Every dwelling unit either shall have access to a public street, walkway or other maintained area dedicated to common use.
(5) The approximate location of structures, shown on the site plan, shall be so arranged as not to be detrimental to existing or other proposed structures or to the development of the neighborhood.
(6) Each development shall provide reasonable visual and acoustical privacy for dwelling units. Fences, insulation, walks, barriers and landscaping shall be used, as appropriate, for the protection and aesthetic enhancement of property and the privacy of its occupants, screening of objectionable views, or uses and reduction of noise.
(C) Construction and landscaping criteria.
(1) All structures other than one- and two-family dwellings shall have an outside siding of individual brick or wood; provided, however, residences or other structures may use Hardie (content fiber siding) board, individual stone, or vinyl shakes in the area of dormers. Earth tone colors shall be used on all exterior surfaces of the residence or other structures.
(2) Residential yards will be sodded with warm weather grass. Landscaping shall include foundation plantings around residence. All plantings will be guaranteed by the developer for a minimum of one year. Irrigation must be from a common source well operated and managed by the property owners association to ensure efficacy balance with water conservation.
(D) Special use. The following use is permitted if the Village Council issues a special use permit allowing it in accordance with the requirements in § 94.58: The excavation of more than 25 cubic yards, or addition of more than 25 cubic yards of dirt, soil, earth or other fill material and the erection of any kind of fence not shown on the approved site plan.
(E) Before issuing a zoning permit pursuant to § 94.82, the Zoning Enforcement Officer shall be provided with a site plan depicting the design of the single family residence or other structure, defining the building materials, including color, to be used for the outside siding of the residence or other structure and showing the proposed landscaping for the lot and must be satisfied that the provisions of this section § 94.55A and § 94.68 have been complied with.
(F) Perimeter requirements. If topographical or other barriers within 200 feet of the perimeter of the development do not provide reasonable privacy for existing uses adjacent to the development, the Village Council, after receiving the recommendation of the Planning Board shall impose either of the following requirements:
(1) Structures located on the perimeter of the development must be set back in accordance with the provisions of this chapter controlling the area within which the development is situated; and
(2) Structures located on the perimeter of the development must be well screened by a buffer strip (See § 94.04(B)(3)).
(G) Sidewalks. Sidewalks shall be provided as deemed necessary by the Village Council, after receiving the recommendation of the Planning Board.
(H) Common area. All remaining land not shown as lots shall be designated as common areas. "COMMON AREA" is defined as a parcel or parcels of land or an area of water, or a combination of land and water, designed and intended for the use or enjoyment of residents of the development, or of the general public. Common area may contain accessory structures and improvements necessary or desirable for non-commercial recreational uses. A variety of open space and recreational areas is encouraged, such as children's informal play in close proximity to individual dwelling units, according to the concentration of dwellings, formal parks, picnic areas, playgrounds; and scenic open areas and communal non-commercial recreational facilities.
(I) Conveyance and maintenance of common open space. All common open space, shown on the final development plan and recorded in the office of the Register of Deeds of Wayne County, must be conveyed in accordance with the following: When leasing or conveying title (including beneficial ownership) to a corporation, association or other legal entity, the terms of such lease or other instrument of conveyance shall conform with applicable state laws and must include provisions suitable to the Village Council after receiving the recommendation of the Planning Board for guaranteeing:
(1) The continued use of such land for the intended purposes.
(2) Continuity of proper maintenance for those portions of the open space land requiring maintenance.
(3) When appropriate, the availability of funds required for such maintenance.
(4) Adequate insurance protection.
(5) Recovery for loss sustained by casualty, condemnation, or otherwise.
(J) The developer must file in the County Register of Deeds' Office, at the time the approved final subdivision map is filed, legal documents which will produce the aforesaid guarantees, and, in particular, will provide a method for restricting the use of common open space for the designated purposes.
(K) Utility and continuity for common use. All common open space proposed for dedication to the village must be acceptable to it with regard to the size, shape, location, and improvement. In addition, the applicant must show that the dedication of such areas as common open space will be of benefit to the general public of the village.
(L) Improvements.
(1) Circulation facilities. The arrangement of public and common ways for pedestrian and vehicular circulation in relation to other existing or planned streets in the area, together with provisions for street improvements, must meet the approval of the Village Council after receiving the recommendation of the Planning Board.
(2) Utilities. Patio Home developments shall provide for underground installation of utilities (including water and sewer, electricity, telephone, and irrigation) in both public ways and private extensions thereof, except for power lines that meet the requirements of G.S. § 160D-804(h). Provisions shall be made for acceptable design and construction of storm sewer facilities including grading, gutters, piping, and treatment of turf to handle storm waters, prevent erosion and the formation of dust. Utilities and maintenance of facilities shall be in accordance with the requirements and regulations of the appropriate municipal authority having jurisdiction thereof. An application shall not be approved unless adequate assurance is given that public or quasi-public water and sanitary sewer service will be available. Upon application by the developer and good cause shown, the Village Council after receiving the recommendation of the Planning Board may modify or waive this requirement provided such action is consistent with the spirit and intent of this section.
(3) Pedestrian circulation. The pedestrian circulation system and its related walkways shall be separated as completely and as reasonable as possible from the vehicular street system in order to provide maximum distance between pedestrian and vehicular movement.
(M) Common area ownership/homeowners association. Restrictive covenants and other Agreements, including all corporate documents which create a homeowners association for the maintenance of all property owned as common area, including, but not limited to, streets, parking area, easements and the like, must be approved by the Village Council, after receiving the recommendation of the Planning Board prior to recordation.
(N) Site plan. In addition to the plat requirement set forth in §§ 93.30, 93.31, 93.32 and 93.33, a site plan shall be approved by the Village Council after receiving the recommendation of the Planning Board. Site plans shall not be recorded but shall be kept by the Zoning Enforcement Officer and shall be used by the Zoning Enforcement Officer as guidance when issuing a zoning permit pursuant to § 94.82. Site plans shall show the location of the buildings, streets, alleys, walks, parking areas, common areas, tree cover and plantings in the development. The site plan shall number and show the dimensions of all building sites and all streets and utility easements to be dedicated to the public. Site plans will include a complete landscaping plan identifying plant and tree species to be planted in the foundation areas around homes, buffer strips, and common areas. The site plan will show compliance with the provisions of § 94.55 as well as this section § 94.69. All areas on the site plan other than the public street, easements, or private building sites shall be shown and designated as common areas.
(O) Public access and easements. Building lots may abut or be provided with frontage on common areas, properly restricted through a property owners association to assure, adequate access, if in the opinion of the Village Council, a public street is within an acceptable distance and would allow adequate community services. Easements over the common areas for access, ingress, and egress from and to public streets and walkways and easements for enjoyment of the common areas, as well as for parking, shall be granted to each owner of a residential site.
(Ord., passed 2-9-20; Am. Ord., passed 6-23-21)
(A) Purpose and intent. C-1 Commercial District is generally intended to be located on the major highways into the village and provide goods and services to residents of the community. Because these commercial uses are subject to the public view, which is a matter of important concern to the whole community, they should provide an appropriate appearance, ample parking, controlled traffic movement, and suitable landscaping, and protect abutting residential areas from the traffic and visual impacts associated with commercial activity.
(B) Permitted uses. The following uses are established as permitted uses in the C-1 Commercial District:
(1) Post offices and other government offices.
(2) Libraries.
(3) Museums.
(4) Health care clinics.
(C) Special uses. The following uses are permitted if the Village Council issues a special use permit allowing them in accordance with the requirements in § 94.58.
(1) Schools and colleges.
(2) Child day care centers, provided that:
(a) The center provides a fenced play area equal in size to at least 75 square feet for each child.
(b) The center is located on a collector or larger street or access to the facility from other nearby streets is adequate based on the projected number of participants attending the center.
(3) Animal hospitals, provided that all of the following conditions are met:
(a) No pet kennels are maintained outside of the principal building.
(b) The animal hospital structure is insulated and soundproofed so that all loud, disturbing, and unnecessary noises created by the animals shall be controlled so as to eliminate disturbing the comfort and repose of any person in an adjoining structure or in the vicinity.
(4) Recreation facilities.
(5) Churches.
(6) Parks.
(7) Restaurants, nightclubs and bars, provided that both of the following conditions are met:
(a) No such establishments shall have any outside amphitheater, stage, sports equipment, playing field or court, or any provision for live or recorded acoustic or amplified entertainment outside of the building.
(b) No such establishment shall have a drive-up window.
(8) Sexually oriented businesses, provided that all of the following conditions are met:
(a) No such business shall locate within 2,000 feet of any other sexually oriented business, as measured in a straight line from property line to property line;
(b) No sexually oriented business shall be located within 2,000 feet of a church, public or private elementary or secondary school, child day care or nursery school, public park, residences and/or residentially zoned property, or any establishment with either an onpremise or off-premise ABC license. The 2,000-foot distance shall be measured on a straight line from property line to property line, with no consideration as to intervening structures, roads or land forms;
(c) There shall not be more than one sexually oriented business on the same property or in the same building, structure, or portion thereof; and
(d) No other principal or accessory use may occupy the same building, structure, property, or portion thereof with any sexually oriented business.
(e) No advertisements, displays or signs or other promotional materials shall be visible to the public from pedestrian sidewalks, walkways or vehicular use areas other than one identification sign as provided in § 94.36.
(9) Amusement establishments.
(10) Convenience stores. Convenience stores may include self-service automobile fuel dispensing stations. As used in this chapter, “CONVENIENCE STORE” shall mean retail stores, with not more than 3,000 square feet of gross floor area, primarily engaged in the sale of packaged foods and beverages, but not fresh fruits and vegetables, or fresh meats, fish and poultry.
(11) Automobile service stations and automobile fuel dispensing stations, provided that all of the following conditions exist:
(a) The only parking and/or storage is for vehicles that have been repaired and awaiting removal, are awaiting repair, or are available for rental from the establishment, and no vehicle is parked or stored as a source of parts;
(b) All repairs are performed inside a building;
(c) All parking and storage of vehicles is provided off the public right-of-way and at least 15 feet from the front property line; and
(d) No vehicle that has been repaired and is awaiting removal, or that is awaiting repair, is stored or parked for more than 14 consecutive days.
(12) Car washes.
(13) Grocery stores.
(14) Offices.
(15) Retail stores.
(16) Banks.
(17) Libraries.
(18) Museums.
(19) Health care clinics.
(D) Development standards of general applicability. All uses and structures in the C-1 Commercial District shall meet the following development standards, except as otherwise provided by this chapter:
(1) Minimum lot width. The minimum lot width shall be 50 feet.
(2) Minimum front yard. The depth of the required front yard shall be 30 feet.
(3) Minimum side yard. The minimum required for each side yard shall be at least 15% of lot width at building setback line but not less than ten feet.
(4) Height limit. Buildings and structures shall not exceed three stories.
(5) Driveways. All driveways, road and pathways which are designed or used for vehicular traffic shall be paved with asphalt or concrete and shall be appropriately maintained.
(6) No trailer, mobile home, tent, shack, or barn shall be erected, placed or stored on any lot. Accessory outbuildings that blend with the surrounding buildings may be built. Accessory buildings shall not be erected in any front yard, or within 20 feet of any street or highway line. Nothing herein shall prohibit the erection of a wall, fence or sprinkler system in a front or side yard so long as the wall, fence or sprinkler system meets all of the requirements of this chapter. No chain link fence shall be erected or used.
(7) All buildings shall have an outside siding of brick, wood, stone or materials of equal quality. No buildings shall be constructed with exposed concrete block walls. Buildings shall have pitched roofs which are residential in character. Mansard roofs are prohibited. Buildings shall be designed and constructed so as to be in harmony with the appearance and uses of neighboring buildings.
(8) No above ground storage tanks shall be permitted for the storage of any products which are stored for the purpose of resale to the public or to wholesalers including storage tanks for gasoline or diesel fuel. Above ground storage tanks are permitted for natural gas, propane and fuel oil provided that the tanks are used for the storage of fuels for consumption on the property for heating, cooking and other such uses, and provided that all such tanks are appropriately screened from public view.
(9) Outdoor garbage cans and dumpsters shall be of the underground type or concealed with plantings or wall structure, and shall be maintained in such a manner such that no noxious or offensive odor emits therefrom.
(10) No lot shall be used in whole or in part for the storage of rubbish of any character whatsoever, nor for the storage of any property or thing that will cause the lot to appear in an unclean condition; nor shall any substance, thing or material be kept upon any lot that will emit foul or noxious odors, or that will cause any noise that will or might disturb the peace, quiet, comfort or serenity of the occupants of surrounding property.
(11) Owners of vacant lots shall be required to keep undergrowth from accumulating on their lot to a height of more than 24 inches.
(12) No lots or parts thereof shall be used as a right-of-way or street providing ingress or egress over, across, into or on property in the village from adjoining property that is located outside of the village without the express approval of the Village Council.
(13) All buildings shall be constructed in accordance with all applicable building codes including those set forth in Chapter 90.
(14) No advertising signs, advertisements or advertising structures which are prohibited by § 94.36 shall be permitted on any commercial property.
(15) No lights shall be installed or maintained to shine upon any residential property. To the extent possible, all lighting should be recessed to avoid causing the light to shine upon neighboring property. Lights should be no brighter than necessary to accomplish the purpose for which they were designed or installed.
(16) No outside loudspeakers, or amplified voice or music shall be allowed which interferes with the peaceful use and enjoyment of other property owners or residents within the Village of Walnut Creek. This provision shall not prohibit the use of an intercom between a self-service gas pump and the operator inside a convenience store.
(17) To the extent that the terms and conditions of this section conflict with the general regulations contained in §§ 94.35 et seq., the terms of this section shall prevail and control over that subchapter; however, the general regulations contained in §§ 94.35 et seq. shall apply to commercial districts unless modified by this section.
(E) No zoning permit shall be issued pursuant to § 94.82 and no site or building construction shall begin, nor shall any remodeling or renovation of any existing property which results in an expansion by more than 10% of the existing square footage or which costs more than 25% of the tax value of the property shall begin until the plans for the site and building construction or remodeling or renovation have been finally approved by the Village Council as hereinafter set forth. Proposed expansion plans of 10% or less of the existing square footage meeting the submittal requirements herein shall be reviewed administratively by the Zoning Enforcement Officer for compliance with applicable village ordinance standards.
(1) Plans submitted for approval shall show:
(a) A vicinity map showing the location of the tract in relation to neighboring tracts, subdivisions, roads and waterways;
(b) The dimension of the property and proposed buildings, including adjacent lots and streets;
(c) The proposed street, pathways and lot layout;
(d) Location and proposed use of all buildings with dimensions and ground areas thereof;
(e) Parking area with spaces, channelization and ratios shown;
(f) Service areas, off-street loading facilities, service drives and dimensions thereof;
(g) All pedestrian ways;
(h) Landscaping and buffers between other uses;
(i) Number, location and size of proposed signs. Sign elevation plans shall be submitted. The number, location and size of proposed free-standing signs shall be shown;
(j) The design and color of each building will be illustrated on the plan of all proposed buildings; and
(k) A proposed lighting plan.
(2) The review and approval procedure shall be as follows:
(a) The Planning Board shall review the design plan for compliance with the requirements of this chapter and the zoning ordinance. The Planning Board shall advise the owner or his or her authorized agent of the regulations pertaining to the proposed construction and the procedures to be followed in the preparation and submission of the plans.
(b) The plan shall be checked against the design standards and requirements of the Village by the Planning Board.
(c) The Planning Board shall discuss with the owner, changes deemed advisable, if any, and the kind and extent of improvements or changes to be made by the owner prior to acceptance of the plan.
(d) The Planning Board shall recommend approval, approval conditionally, or disapproval of the plan based on compliance with the applicable ordinances of the village. The plan and the Planning Board's actions shall be sent to the Village Council of the Village of Walnut Creek for its action, which shall be based on compliance with the applicable ordinances of the village. If approved conditionally, the conditions and reasons for such action shall be stated.
(e) Should the Planning Board fail to act on the proposed commercial building within 90 days after submission of the plan, the owner may seek approval at the next regularly scheduled meeting of the Village Council.
(f) If the Planning Board recommends disapproval of the plan, the reasons for such action shall be stated in writing and reference shall be made to the specific section of the village ordinances with which the preliminary plan does not comply.
(g) If the Village Council approves the plan, a zoning permit shall be issued. If disapproved, no zoning permit shall be issued.
(F) Nonconforming uses. Buildings, land and uses may exist in the Commercial C-1 zone which would be prohibited or restricted under the terms of this chapter which were lawful prior to the adoption of this chapter. Such nonconforming buildings, land and uses may continue until such time as the buildings are demolished, remodeled or renovated such that the renovation of any existing property which results in any expansion of the existing square footage or such that the cost of the renovation exceeds 25% of the value of the property. If a nonconforming building, land or use is discontinued for a period of 180 days, then any future use of the property shall be in compliance with this chapter.
(Ord., passed 3-24-04; Am. Ord., passed 6-23-21)
(A) Encouraging and guiding high standards of site design allows certain property uses to be permitted in certain designated districts where these uses would not otherwise be acceptable. Requiring certain controls on site improvements through the special use permit procedure will allow what is otherwise considered to be undesirable to be developed so as to minimize any objectionable or bad effects it might have on surrounding properties or neighborhood.
(B) Special use permits granted by the Village Council.
(1) Special use permits may be granted by the Village Council for the uses designated as special uses in any zoning district.
(2) The owner or owners of all property included in the petition for the special use permit shall submit an application and pay the filing fee established by resolution of the Village Council to the Zoning Enforcement Officer at least 30 days prior to the next meeting date of the Village Council. The application shall include all requirements pertaining to it as provided in the applicable zoning district and on the current special use permit application form. The Village Council shall then conduct an evidentiary hearing following the procedures in § 94.58(C) below.
(C) Evidentiary hearing.
(1) Notice of hearing. Notice of evidentiary hearings shall be mailed to the person or entity whose appeal, application, or request is the subject of the hearing; to the owner of the property that is the subject of the hearing if the owner did not initiate the hearing; to the owners of all parcels of land abutting the parcel of land that is the subject of the hearing; and to any other persons entitled to receive notice as provided by the development regulation. In the absence of evidence to the contrary, the village may rely on the county tax listing to determine owners of property entitled to mailed notice. The notice must be deposited in the mail at least ten days, but not more than 25 days, prior to the date of the hearing. Within that same time period, the village shall also prominently post a notice of the hearing on the site that is the subject of the hearing or on an adjacent street or highway right-of-way. The Board may continue an evidentiary hearing that has been convened without further advertisement. If an evidentiary hearing is set for a given date and a quorum of the Board is not then present, the hearing shall be continued until the next regular Board meeting without further advertisement.
(2) Administrative materials. The Administrator or staff to the Board shall transmit to the Board all applications, reports, and written materials relevant to the matter being considered. The administrative materials may be distributed to the members of the Board prior to the hearing if at the same time they are distributed to the Board a copy is also provided to the appellant or applicant and to the landowner if that person is not the appellant or applicant. The administrative materials shall become a part of the hearing record. The administrative materials may be provided in written or electronic form. Objections to inclusion or exclusion of administrative materials may be made before or during the hearing. Rulings on unresolved objections shall be made by the Board at the hearing.
(3) Presentation of evidence. The applicant, the village, and any person who would have standing to appeal the decision under G.S. § 160D-1402(c) shall have the right to participate as a party at the evidentiary hearing. Other witnesses may present competent, material, and substantial evidence that is not repetitive as allowed by the Board. Objections regarding jurisdictional and evidentiary issues, including, but not limited to, the timeliness of an appeal or the standing of a party, may be made to the Board. The Board Chair shall rule on any objections, and the Chair’s rulings may be appealed to the full Board. These rulings are also subject to judicial review pursuant to G.S. § 160D-1402. Objections based on jurisdictional issues may be raised for the first time on judicial review.
(4) Appearance of official new issues. The official who made the decision or the person currently occupying that position, if the decision maker is no longer employed by the village, shall be present at the evidentiary hearing as a witness. The appellant shall not be limited at the hearing to matters stated in a notice of appeal. If any party or the village would be unduly prejudiced by the presentation of matters not presented in the notice of appeal, the Board shall continue the hearing.
(5) Oaths. The Chair of the Board or any member acting as Chair and the Clerk to the Board are authorized to administer oaths to witnesses in any matter coming before the Board. Any person who, while under oath during a proceeding before the Board determining a quasi-judicial matter, willfully swears falsely is guilty of a Class 1 misdemeanor.
(6) Subpoenas. The Board making a quasi-judicial decision under this chapter through the Chair or, in the Chair's absence, anyone acting as Chair may subpoena witnesses and compel the production of evidence. To request issuance of a subpoena, the applicant, the village, and any person with standing under G.S. § 160D-1402(c) may make a written request to the Chair explaining why it is necessary for certain witnesses or evidence to be compelled. The Chair shall issue requested subpoenas he or she determines to be relevant, reasonable in nature and scope, and not oppressive. The Chair shall rule on any motion to quash or modify a subpoena. Decisions regarding subpoenas made by the Chair may be immediately appealed to the full Board. If a person fails or refuses to obey a subpoena issued pursuant to this division (C)(6), the Board or the party seeking the subpoena may apply to the General Court of Justice for an order requiring that its subpoena be obeyed, and the Court shall have jurisdiction to issue these orders after notice to all proper parties.
(7) Appeals in nature of certiorari. When hearing an appeal pursuant to G.S. § 160D-947(e) or any other appeal in the nature of certiorari, the hearing shall be based on the record below, and the scope of review shall be as provided in G.S. § 160D-1402(j).
(8) Voting. The concurring vote of four-fifths of the Board shall be necessary to grant a variance. A majority of the members shall be required to decide any other quasi-judicial matter or to determine an appeal made in the nature of certiorari. For the purposes of this division (C)(8), vacant positions on the Board and members who are disqualified from voting on a quasi-judicial matter under G.S. § 160D-109(d) shall not be considered members of the Board for calculation of the requisite majority if there are no qualified alternates available to take the place of such members.
(9) Decisions. The Board shall determine contested facts and make its decision within a reasonable time. When hearing an appeal, the Board may reverse or affirm, wholly or partly, or may modify the decision appealed from and shall make any order, requirement, decision, or determination that ought to be made. The Board shall have all the powers of the official who made the decision. Every quasi-judicial decision shall be based upon competent, material, and substantial evidence in the record. Each quasi-judicial decision shall be reduced to writing, reflect the Board’s determination of contested facts and their application to the applicable standards, and be approved by the Board and signed by the Chair or other duly authorized member of the Board.
(10) In order to grant a special use permit, the Village Council shall find:
(a) That the use will not endanger the public health, safety or welfare if located where proposed and developed according to the plan as submitted.
(b) That the use meets all required conditions and specifications requested.
(c) That the use will not have a significant adverse impact on the value of adjoining or abutting property.
(d) The location and character of the use, if developed according to the plan submitted, will be in harmony with the character of the neighborhood and the Village of Walnut Creek.
(11) In granting a special use permit,the Village Council may designate reasonable and appropriate conditions in addition and in connection therewith, as will, in its opinion, assure that the use and its proposed location will be harmonious with the area. All such additional conditions shall be consented to in writing by the applicant, entered in the minutes of the meeting at which the special use permit is granted and also on the building permit and on the approved plans submitted therewith. All special conditions shall run with the land and shall be binding on the original applicants for the special use permit, their heirs, successors, and assigns unless otherwise specified in this chapter. In a case where an application for a special use permit has been denied, no reapplication for the same special use permit for the same property or any part thereof shall be filed unless the Village Council shall find that there have been substantial changes in the application or the conditions or circumstances bearing on the application.
(12) If the Village Council denies the permit, it shall enter a report of its action in the minutes of the meeting at which the action is taken.
(13) A quasi-judicial decision is effective upon filing the written decision with the Clerk to the Board or such other office or official as the development regulation specifies. The decision of the Board shall be delivered within a reasonable time by personal delivery, electronic mail, or first-class mail to the applicant, landowner, and any person who has submitted a written request for a copy prior to the date the decision becomes effective. The person required to provide notice shall certify to the village that proper notice has been made, and the certificate shall be deemed conclusive in the absence of fraud.
(14) Judicial review. Every quasi-judicial decision shall be subject to review by the superior court by proceedings in the nature of certiorari pursuant to G.S. § 160D-1402. Appeals shall be filed within the times specified in G.S. § 160D-1405(d).
(15) In the event of failure to comply with the plans approved by the Village Council, or with any other conditions imposed upon the special use permit, the permit shall thereupon become void and of no effect. No permits of any kind for further construction or certificates of occupancy under this special use permit shall be issued.
(16) Where plans are submitted and approved as part of the application for a special use permit, modifications of the original plans may be authorized by the Village Council after review and recommendation by the Planning Board.
(Ord., passed 3-24-04; Am. Ord., passed 6-23-21)
(Ord., passed 3-24-04)
No certificate of occupancy shall be issued by the Zoning Enforcement Officer pursuant to the provisions of § 94.83 in the C-1 Commercial District or C-1 Commercial Special Use District until construction has been completed in accordance with plans approved by the Village Council.
(Ord., passed 3-24-04)
EXCEPTIONS AND MODIFICATIONS
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