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A. Purpose and Intent. The purpose for the development agreement procedure is to establish a flexible process for the establishment and review of large-scale development projects likely to build out over several years. This procedure is intended to:
1. Provide more regulatory certainty for applicants;
2. Establish a schedule for development to allow the Town to plan accordingly;
3. Coordinate the provision of public facilities;
4. Allow for vesting periods that exceed those in the General Statutes or in Section 2.2.23, Vested Rights Determination; and
5. Improve management of environmentally-sensitive lands.
B. Applicability.
1. At the request of an applicant, the Board of Commissioners may enter into a development agreement with a developer for a development of any size and for any duration, provided the duration is specified in the agreement.
2. All development agreements shall be subject to Sections 160D-1001 - 160D-1012 of the North Carolina General Statutes, and the provisions of this section.
C. Development Agreement Procedure. The development agreement procedure is described in Figure 2.2.8, Development Agreement Procedure, as supplemented by Section 2.3, Application Processing, and the Procedures Manual.
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D. Review and Decision by Board of Commissioners.
1. The Board of Commissioners, after the conclusion of a legislative public hearing, shall review and decide the application in accordance with Section 2.2.8.E, Development Agreement Review Standards. The decision shall be the one of the following:
a. Enter into the development agreement, as submitted;
b. Enter into the development agreement, subject to changes agreed to in writing by the developer; or
c. Not enter into the development agreement.
2. Approval of a development agreement shall be by ordinance.
E. Development Agreement Review Standards. For the Town to participate in a development agreement, a development subject to the agreement must:
1. Comply with the requirements in Section 160D-1001 through Section 160D-1012 of the North Carolina General Statutes;
2. Indicate the proposed phasing; and
3. Demonstrate the impact on existing and future provisions of capital improvements by the Town, including at least one of the following: transportation, potable water, sanitary sewer, solid waste, stormwater management, educational, parks and recreation, and health systems and facilities.
F. Recordation. Within 14 days after entering into a development agreement, the applicant shall record the agreement in the office of the Wake County Register of Deeds.
G. Annual Review. During any period of time in which a permit or development approval subject to a development agreement is active, the Planning Director shall review the development at least once every year for compliance with the agreement and file a report with the Board of Commissioners.
H. Amendment.
1. Mutual Consent. A development agreement may be amended or canceled by mutual consent of the parties to the agreement or by their successors in interest.
2. Material Changes are Amendments. Consideration of a proposed material change of a development agreement beyond the scope of a minor change shall be reviewed and considered in accordance with the procedures and standards established for the original approval of a development agreement.
I. Expiration. A development agreement shall run for the duration of its term unless the agreement is terminated.
J. Appeal.
1. A decision by the Board of Commissioners on a development agreement shall be subject to review by the Wake County Superior Court.
2. Petitions for review must be filed with the Clerk of Court within 30 days of the date the decision is filed in the office of the appropriate review authority and delivered by personal delivery, electronic mail, or first-class mail to the applicant, landowner, and to any person who has submitted a written request for a copy, prior to the date the decision becomes effective.
(Ord. 2020-36, passed 12-2-2019 ; Ord. 2021-65, passed 5-3-2021)
A. Purpose and Intent. The purpose for this exempt subdivision procedure is to establish a clear and predictable procedure for a landowner to determine and document that a proposed division of land is exempted from the subdivision requirements of this Ordinance in accordance with Section 160D-802 of the North Carolina General Statutes. Exempt subdivision reviews are provided as a courtesy, and may not be mandated by the Town.
B. Applicability.
1. The following forms of land division are exempt subdivisions that are exempted from the subdivision requirements of this Ordinance (but remain subject to other applicable provisions of this Ordinance, such as flood hazard reduction requirements):
a. A combination or recombination of portions of previously subdivided and recorded lots that does not increase the total number of lots, and the resultant lots are equal to or exceed the standards of this Ordinance;
b. The division of land into parcels, each greater than ten acres in area, where no street right-of-way dedication is involved;
c. Public acquisition involving the purchase of strips of land for the widening or opening of streets;
d. Division of a tract of land in single ownership, where the total area of all land in the land division is no greater than two acres, the division creates no more than three lots, where no street right-of-way dedication is involved, and the resultant lots are equal to or exceed the standards of this Ordinance; or
e. The division of a tract into parcels in accordance with the terms of a probated will or in accordance with Chapter 29 of the North Carolina General Statutes.
2. Divisions of land that are not consistent with these criteria shall not be considered exempt subdivisions, and shall be subject to the applicable review procedure and subdivision requirements of this Ordinance.
C. Exempt Subdivision Courtesy Review Procedure. The exempt subdivision courtesy review procedure is described in Figure 2.2.9, Exempt Subdivision Courtesy Review Procedure, as supplemented by Section 2.3, Application Processing, and the Procedures Manual.
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D. Certification by Planning Director. The certification of an exempt subdivision shall be made by the Planning Director in accordance with the standards in Section 2.2.9.E, Exempt Subdivision Review Standards.
E. Exempt Subdivision Review Standards. A division of land shall be certified as an exempt subdivision if it:
1. Is excluded from the definition of a subdivision in accordance with Section 160D-802 of the North Carolina General Statutes;
2. Complies with all applicable standards in Article 3: Districts;
3. Complies with all standards or conditions of any applicable permits and development approvals; and
4. Complies with all other applicable requirements in the Town Code of Ordinances.
F. Recordation. If an exempt subdivision plat or other document is prepared by the applicant, it shall be certified by the Planning Director. An exempt subdivision plat may be recorded in the office of the Wake County Register of Deeds, by a landowner at the landowner's discretion.
G. Effect.
1. A division of land determined to be an exempt subdivision shall be exempted from the subdivision standards of this Ordinance, but development of land within an exempt subdivision shall remain subject to the requirements of the Wake County Environmental Services Department.
2. In the event a division of land does not qualify as an exempt subdivision, it shall be reviewed in accordance with the applicable subdivision procedure and shall be subject to all applicable subdivision standards in this Ordinance.
3. Divisions of land determined to be exempt subdivisions shall not be further divided into more than one additional lot (plus the residual parcel) within five years from the date of the exempt subdivision determination, or the subdivision shall be processed as a expedited subdivision or preliminary plat, as appropriate.
H. Amendment. An exempt subdivision certification shall not be amended.
I. Expiration. An exempt subdivision certification shall not expire.
J. Appeal. Appeal of exempt subdivision certification shall be reviewed and decided by the BOA in the nature of certiorari and in accordance with Section 2.2.3, Appeal.
(Ord. 2020-36, passed 12-2-2019 ; Ord. 2021-65, passed 5-3-2021)
A. Purpose and Intent. The purpose for this expedited subdivision review procedure is to allow certain land divisions to be reviewed via an expedited review procedure based on their small size and limited likelihood to create significant impacts on surrounding lands.
B. Applicability.
1. The standards in this section shall apply to divisions of land meeting all the following criteria:
a. The proposed division of land is not exempted from the subdivision standards of this Ordinance in accordance with Section 2.2.9, Exempt Subdivision;
b. The proposed division will not result in more than three lots (including any residual or "parent" parcel);
c. The area of land subject to the division shall be comprised of at least five acres under common ownership;
d. No land included in an expedited subdivision application shall have been the subject of an expedited subdivision application approval within the preceding ten years; and
e. No extension of public streets, public water distribution line, public sewer distribution line, or other public utility is proposed.
2. Divisions of land that are not consistent with these criteria shall not be considered expedited subdivisions, and shall be subject to the applicable review procedure and subdivision requirements of this Ordinance.
3. Expedited subdivisions are not exempted from applicable zoning district dimensional requirements.
C. Expedited Subdivision Review Procedure. The expedited subdivision procedure is described in Figure 2.2.10, Expedited Subdivision Review Procedure, as supplemented by Section 2.3, Application Processing, and the Procedures Manual.
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D. Application Submittal. Applications for an expedited subdivision shall be prepared by a registered land surveyor or professional engineer licensed to practice in North Carolina.
E. Decision by Planning Director. The decision on an expedited subdivision shall be made by the Planning Director in accordance with the standards in Section 2.2.10.F, Expedited Subdivision Review Standards.
F. Expedited Subdivision Review Standards.
1. An expedited subdivision shall be approved if the application complies with the following:
a. The expedited subdivision plat is on a sheet or sheets suitable for recording with the Wake County Register of Deeds;
b. The expedited subdivision plat is prepared and sealed by a licensed professional land surveyor or licensed professional engineer;
c. The expedited subdivision plat complies with all applicable standards in this Ordinance and Section 47-30 of the North Carolina General Statutes;
d. The expedited subdivision plat includes all required certifications;
e. The applicant has secured all required state and federal permit approvals;
f. The lots in the subdivision have been approved the by Wake County Environmental Services Department;
g. All lots in the expedited subdivision comply with the applicable dimensional requirements for the zoning district where located; and
h. No land included in an expedited subdivision application shall have been the subject of an expedited subdivision application approval within the preceding ten years.
2. Expedited subdivisions of land located within a special flood hazard area shall comply with the standards in Section 3.8.2, Flood Hazard Overlay (FHO) District, and any recorded plats shall include the following statement: "Use of land within a floodplain or flood hazard overlay is substantially restricted by the Town of Zebulon."
G. Recordation.
1. Once an expedited subdivision is approved, a signed statement of the approval shall be entered on the face of the plat by the Planning Director. The expedited subdivision plat may not be recorded without this certification. Failure to record the expedited subdivision plat in accordance with Section 2.2.10.J, Expiration, shall render the expedited subdivision plat null and void.
2. Land may not be conveyed or construction started until the expedited subdivision is recorded.
3. A copy of the recorded plat shall be filed with the Planning Director within five business days of recording or the final plat shall be null and void.
H. Effect.
1. Building permits may be issued following recordation of the expedited subdivision plat.
2. Land subject to an expedited subdivision approval shall not be further subdivided as an expedited subdivision within ten years of the date of the prior expedited subdivision approval.
I. Amendment. Amendment of an expedited subdivision approval may only be reviewed and considered in accordance with the procedures and standards established for its original approval.
J. Expiration. An expedited subdivision plat shall be null and void unless it is recorded in the office of the Wake County Register of Deeds within 30 days of approval.
K. Appeal. Appeal of a decision on an expedited subdivision shall be reviewed and decided by the BOA in the nature of certiorari and in accordance with Section 2.2.3, Appeal.
(Ord. 2020-36, passed 12-2-2019)
A. Purpose and Intent.
1. The purpose for this final plat procedure is to ensure proposed subdivisions of land have been completed in substantial conformity with a preliminary plat (as applicable) as well as the applicable regulations of this Ordinance prior to the conveyance of lots. These standards are intended to ensure preparation and recordation of a map (plat) of sufficient detail to readily determine and accurately reproduce the location, bearing, radius (as applicable) and length of each of the following elements of a subdivision:
a. Every street or private accessway;
b. Lot lines;
c. Easement boundaries;
d. Lands or resources dedicated or reserved for use by the general public;
e. Land or resources owned in common by land owners of the subdivision;
f. Unbuildable resource or conservation lands;
g. Addresses;
h. Street names;
i. Stormwater management infrastructure; and
j. Sidewalks and greenways.
B. Applicability.
1. A final plat shall be required for any development subject to a preliminary plat (see Section 2.2.17, Residential Preliminary Plan).
2. An applicant with an approved preliminary plat shall not file an application for final plat review until all required improvements serving the subdivision are installed and inspected by the Town, or the developer provides a performance guarantee for those required improvements in accordance with Section 6.6, Performance Guarantees.
C. Final Plat Review Procedure. The final plat procedure is described in Figure 2.2.11, Final Plat Review Procedure, as supplemented by Section 2.3, Application Processing, and the Procedures Manual.
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D. Final Plat Review Standards. A final plat shall be approved if the application complies with the following:
1. The final plat is on a sheet or sheets suitable for recording with the Wake County Register of Deeds;
2. The final plat is prepared and sealed by a licensed professional land surveyor or licensed professional engineer;
3. The final plat complies with the standards in Section 47-30 of the North Carolina General Statutes;
4. The final plat includes all applicable certifications identified in the Procedures Manual;
5. All lots have been certified by Wake County Environmental Resources as capable of accommodating the wastewater generated from the proposed use, in cases when the lot(s) is not served by a centralized wastewater system;
6. The applicant has secured all required state, federal, and other applicable permit approvals;
7. The final plat is in substantial conformance with the preliminary plat;
8. All required improvements depicted on the preliminary plat and final plat are installed, inspected, and accepted by the Town, or are subject to a performance guarantee (see Section 6.6, Performance Guarantees);
9. The final plat complies with all standards and conditions of any applicable permits and development approvals; and
10. The final plat complies with all other applicable requirements in this Ordinance and the Town Code of Ordinances.
11. Final plats of land located within a special flood hazard area shall comply with the standards in Section 3.8.2, Flood Hazard Overlay (FHO) District, and any recorded plats shall include the following statement: "Use of land within a floodplain or flood hazard overlay is substantially restricted by the Town of Zebulon."
E. Recordation.
1. Once a final plat is approved, a signed statement of the approval shall be entered on the face of the plat by the Planning Director. The final plat may not be recorded without this certification.
2. Failure to record the final plat in accordance with Section 2.2.10.H, Expiration, shall render the final plat null and void.
3. A copy of the recorded final plat shall be filed with the Planning Director within five business days of recording or the final plat shall be null and void.
F. Effect.
1. General.
a. Approval of a final plat allows the sale or conveyance of lots within the subdivision.
b. Building permits may be issued following recordation of the final plat.
c. There is no requirement that all land subject to a preliminary plat be included within a single final plat.
2. Acceptance of Public Infrastructure.
a. Approval and recordation of a final plat constitutes dedication by the owner of the public of the right-of-way of each public street, or alley, shown on the plat.
b. Approval of the final plat does not constitute acceptance for maintenance responsibility of any improvements within a right-of-way or easement and the Town assumes no responsibility to open, operate, repair, or maintain any improvements until it is in the public interest to do so.
c. Improvements within right-of-ways or easements, such as streets, drainage facilities, or sidewalks may be accepted for maintenance by the Town, when deemed appropriate, in the Town's sole discretion.
d. The subdivider shall retain responsibility for public improvements until maintenance responsibility is accepted by the Town, NCDOT, or a public utility provider, as appropriate.
G. Amendment. Amendment of a final plat may only be reviewed and considered in accordance with the procedures and standards established for its original approval.
H. Expiration.
1. A final plat shall be null and void unless it is recorded in the office of the Wake County Register of Deeds within 60 days of approval.
2. If a final plat is not recorded within two years of an associated preliminary plat approval then the preliminary plat shall expire.
3. An expired preliminary plat may be resubmitted in accordance with Section 2.2.17, Residential Preliminary Plan, and shall be reviewed in accordance with the standards of this Ordinance.
4. A recorded final plat shall not expire.
I. Appeal. Appeal of a decision on a final plat shall be reviewed and decided by the BOA in the nature of certiorari and in accordance with Section 2.2.3, Appeal.
(Ord. 2020-36, passed 12-2-2019)
A. Purpose and Intent. The purpose for this floodplain development permit procedure is to establish a development review procedure for development within a special flood hazard area in order to reduce the potential for damage to land, development, and loss of life from flooding or floodwaters in areas subject to periodic inundation.
B. Applicability.
a. Development proposed within the Flood Hazard Overlay (FHO) district or on land in a special flood hazard area as defined by the National Flood Insurance Program (NFIP) shall obtain a floodplain development permit in accordance with this section prior to or concurrent with an application for a site plan or building permit, as appropriate.
b. Development that is proximate to and may be impacted by unmapped streams or where regulatory flood elevations are not delineated in the NFIP, in accordance with Section 3.8.2.D.3, Standards for Floodplains without Established Base Flood Elevations, shall also obtain a floodplain development permit in accordance with these standard.
C. Floodplain Development Permit Procedure. The floodplain development permit procedure is described in Figure 2.2.12, Floodplain Development Permit Procedure, as supplemented by Section 2.3, Application Processing, and the Procedures Manual.
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D. Decision by Planning Director. The decision on a floodplain development permit shall be made by the Planning Director based on the standards in Section 2.2.12.E, Floodplain Development Review Standards.
E. Floodplain Development Review Standards. A floodplain development permit shall be approved if it complies with the following:
1. The permit is issued prior to the commencement of development; and
2. The development complies with all applicable standards in Section 3.8.2, Flood Hazard Overlay (FHO) District.
F. Effect. Approval of a floodplain development permit authorizes an applicant to obtain all required elevation certificates or other required certificates and proceed with development following issuance of a building permit.
G. Elevation Certificates.
1. Unless exempted in accordance with Section 3.8.2, Flood Hazard Overlay (FHO) District, development subject to this section shall also file elevation or floodproofing certificates in accordance with Section 3.8.2.C.2, Development Application, Permit and Certification Requirements, no more than 21 days after completing the lowest habitable floor.
2. The Planning Director shall review the certificate and advise the applicant of any errors or deficiencies, which shall be corrected prior to any further work progressing. Failure to correct errors or deficiencies on an elevation or floodproofing certificate shall be a violation of this Ordinance subject to the provisions in Section 8.8.4, Stop Work Orders.
H. Amendment. Amendment of a floodplain development permit approval may only be reviewed and considered in accordance with the procedures and standards established for its original approval.
I. Revocation. A floodplain development permit may be revoked by the Planning Director, following written notice to the violator, for any of the following reasons:
1. Failure or refusal to comply with all applicable state laws or flood damage prevention requirements of this Ordinance;
2. Conduct of development activities that represent a substantial departure from an approved permit, plan, or specification; and
3. False or misrepresented information providing as part of the application.
J. Expiration. A floodplain development permit shall expire and become null and void if the development it authorizes is not commenced within one year of permit issuance or if activity associated with the permit becomes inactive for a period of one year or longer.
K. Appeal. Appeal of a decision on a floodplain development permit shall be reviewed and decided by the BOA in the nature of certiorari and in accordance with Section 2.2.3, Appeal.
(Ord. 2020-36, passed 12-2-2019)
A. Purpose and Intent. The purpose for this interpretation procedure is to provide a process where an applicant may request documentation from the Planning Director regarding the meaning of language in this Ordinance, unlisted use types, boundaries on the Official Zoning Map, or conditions applied to an approval.
B. Applicability. The Planning Director is responsible for written interpretations of the following:
1. The meaning of the text in this Ordinance;
2. The location and extent of zoning district boundaries on the Official Zoning Map, including boundaries associated with the Flood Hazard Overlay (FHO) district;
3. Interpretations of whether an unlisted use is comparable to a use listed in Table 4.2.3, Principal Use Table;
4. Definitions of undefined terms;
5. Compliance with conditions of approval; and
6. Other aspects of this Ordinance.
C. Interpretations Distinguished.
1. Only interpretations issued in accordance with this procedure are subject to appeal as an administrative decision.
2. Any written or oral interpretations that do not meet the strict requirements of this section are advisory interpretations.
3. Advisory interpretations have no binding effect and are not considered administrative decisions subject to appeal.
D. Interpretation Procedure. The interpretation procedure is described in Figure 2.2.13, Interpretation Procedure, as supplemented by Section 2.3, Application Processing, and the Procedures Manual.
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E. Interpretation Review Standards.
1. Official Zoning Map Boundaries. Interpretation of district boundaries on the Official Zoning Map shall be in accordance with the standards in Section 3.2.3, Interpretation of Official Zoning Map Boundaries, and consistent with the Town's adopted policy guidance.
2. Unlisted Uses. Interpretation of whether an unlisted use is similar to a use identified in Table 4.2.3, Principal Use Table, shall be based on consistency with the Town's adopted policy guidance and the following standards:
a. The function, product, or physical characteristics of the use;
b. The impact on adjacent lands created by the use;
c. The type, size, and nature of buildings and structures associated with the use;
d. The type of sales (retail, wholesale), and the size and type of items sold and displayed on the premises;
e. The types of items stored (such as vehicles, inventory, merchandise, chemicals, construction materials, scrap and junk, and raw materials including liquids and powders);
f. The volume and type of vehicle traffic generated by the use, and the parking demands of the use;
g. Any processing associated with the use, including assembly, manufacturing, warehousing, shipping, distribution, and whether it occurs inside or outside a building;
h. Any dangerous, hazardous, toxic, or explosive materials associated with the use;
i. The amount and nature of any nuisances generated on the premises, including noise, smoke, odor, glare, vibration, radiation, and fumes; and
j. Any prior applicable interpretations made by the Planning Director or decisions made by the BOA.
3. Undefined Term. If a term in this Ordinance is undefined or the meaning is unclear, the Planning Director may interpret the term based upon appropriate definitions in any of the following sources:
a. Planning-related definitions in publications prepared or offered by the American Planning Association or the Urban Land Institute;
b. The Oxford Dictionary of Construction, Surveying, and Civil Engineering;
c. The North Carolina General Statutes;
d. The North Carolina Administrative Code;
e. The State Building Code(s);
f. Black's Law Dictionary; or
g. Other professionally-accepted source.
4. Text Provisions and Prior Approvals. Interpretation of this text and approved applications shall be based on the standards in Section 9.1, Rules of Language Construction, and the following considerations:
a. When the legislative intent of a provision is unclear, the Planning Director shall consider the clear and plain meaning of the provision's wording, as defined by the meaning and significance given specific terms used in the provision, as established in Section 9.4, Definitions, and by the common and accepted usage of the term;
b. The intended purpose of the provision, as indicated by purpose statements, its context and consistency with surrounding and related provisions, and any legislative history related to its adoption;
c. The general purposes served by this Ordinance, as set forth in Section 1.4, Purpose and Intent; and
d. Consistency with the Town's adopted policy guidance.
5. Effect.
a. General.
i. A written interpretation shall be binding on subsequent decisions by the Planning Director or other administrative officials in applying the same provision of this Ordinance or the Official Zoning Map in the same circumstance, unless the interpretation is modified in accordance with this section, the interpretation is later determined to have been made in error, or the text of this Ordinance is amended.
ii. The Planning Director shall maintain a record of written interpretations that shall be available in the Planning Department for public inspection, on reasonable request, during normal business hours.
b. Approval of Unlisted Use.
i. After the Planning Director determines the use category or use type in which the unlisted use is best classified, then the unlisted use shall be subject to all applicable requirements of that use category or use type.
ii. After making an interpretation of an unlisted use, the Planning Director shall determine whether the unlisted use is likely to be common or recur frequently, and whether its omission is likely to lead to uncertainty and confusion. On determining that the unlisted use is likely to be common and would lead to confusion if unlisted, the Planning Director shall initiate an application for an amendment to the text of this Ordinance. Until final action is taken on the text amendment, the Planning Director's decision shall be binding.
iii. If after making an interpretation of an unlisted use, the Planning Director determines that the unlisted use is of an unusual or transitory nature, and unlikely to recur frequently, the determination shall be binding without further action or amendment of this Ordinance.
6. Appeal. Appeal of an interpretation by the Planning Director shall be reviewed and decided by the BOA in the nature of certiorari and in accordance with Section 2.2.3, Appeal.
(Ord. 2020-36, passed 12-2-2019)
A. Purpose and Intent. The purpose for the Non-Residential Site Plan procedure is to establish a consistent and predictable process for the review of proposed non-residential development, through a graphical representation of the proposal. Non-Residential Site Plan review is an analysis to ensure that allowable development is configured in accordance with the standards in this Ordinance, not a consideration of whether or not a proposed development is allowed.
B. Applicability.
1. Except for development exempted from Non-Residential Site Plan review in accordance with Section 2.2.9.C, Exemptions, all forms of commercial development that involve construction, moving, or significant alteration of a building or habitable structure, that result in the increase in the amount of impervious surface on a lot, or that involve the provision of landscaping, off-street parking, stormwater management devices, or similar site features shall be subject to Commercial Site Plan review in accordance with this section.
2. Changes in use that trigger requirements for sidewalk provision or changes to roadway configuration shall also require site plan approval.
C. Exemptions. The following forms of development are exempted from site plan review, but shall require a plot plan and shall be subject to the standards in Section 2.2.4, Building Permit, or Section 2.2.24, Zoning Compliance Permit, as appropriate:
1. Construction of a single-family detached dwelling on an individual lot;
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2. Establishment of an accessory use or structure; and
3. Changes of use that do not result in the need for additional off-street parking spaces, additional screening, differing stormwater practices, or additional landscaping.
D. Non-Residential Site Plan Procedure. The site plan procedure is described in Figure 2.2.14, Site Plan Procedure, as supplemented by Section 2.3, Application Processing, and the Procedures Manual.
E. Application. The application shall include a transportation impact analysis for review, when required by Section 6.13, Transportation Impact Analysis.
F. Decision by Technical Review Committee. The Technical Review Committee shall review and decide the application in accordance with Section 2.2.14.G, Site Plan Review Standards.
G. Site Plan Review Standards. A site plan shall be approved on a decision the application complies with:
1. All standards or conditions of any prior applicable permits and development approvals;
2. All applicable requirements of this Ordinance and the Town Code of Ordinances; and
3. All applicable county, state, and federal requirements.
H. Effect.
1. Approval of a non-residential site plan authorizes the submittal of construction drawings. Construction drawings shall be required in cases where public infrastructure (e.g., streets, waterlines, sanitary, streets, waterlines, sanitary sewer, etc.) is extended to serve the development.
I. Amendment. Amendment of a site plan may only be reviewed and considered in accordance with the procedures and standards established for its original approval.
J. Expiration. If a construction drawing is not submitted within one year from the date of issuance, the approval shall become null and void.
K. Appeal. Appeal of the decision on a site plan shall be reviewed and decided by the BOA in the nature of certiorari and in accordance with Section 2.2.3, Appeal.
(Ord. 2024-10, passed 9-11-2023)
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