A. Purpose and Intent. The purpose of a zoning compliance permit is to ensure no development occurs until there is assurance the development complies with the requirements of this Ordinance and all other applicable requirements.
B. Applicability. A zoning compliance permit is required for issuance of a building permit, any change in use, or commencement of activity that does not require issuance of a building permit. Nothing shall prevent a zoning compliance permit from being issued concurrently with a building permit.
C. Zoning Compliance Permit Procedure. The zoning compliance permit procedure is described in Figure 2.2.24, Zoning Compliance Permit Procedure, as supplemented by Section 2.3, Application Processing, and the Procedures Manual.
D. Decision by Planning Director. The decision on a zoning compliance permit shall be made by the Planning Director in accordance with the standards in Section 2.2.24.E, Zoning Compliance Permit Review Standards.
E. Zoning Compliance Permit Review Standards. A zoning compliance permit shall be approved on a decision the application complies with:
1. All standards or conditions of any prior applicable permits and developments approvals;
2. Any applicable requirements of the Wake County Environmental Resources; and
3. All applicable requirements of this Ordinance and in the Town Code of Ordinances.
F. Effect.
1. Approval of a zoning compliance permit authorizes an applicant to apply for a building permit, commence construction, or proceed with the approved development in cases where a building permit is not required.
2. If the zoning compliance permit application is filed concurrently with a building permit application, approval of the zoning compliance permit authorizes the Town to complete its review of the building permit application.
G. Amendment. Amendment of a zoning compliance permit may only be reviewed and considered in accordance with the procedures and standards established for its original approval.
H. Expiration. A zoning compliance permit shall expire and become null and void one year after the date of issuance if the authorized use has not commenced.
I. Appeal. Appeal of the Planning Director's decision on a zoning compliance 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)