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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.
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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)
A. Purpose and Intent. This section provides a uniform means for reviewing and deciding proposed amendments to the Official Zoning Map whenever the public necessity, general welfare, the Town's adopted policy guidance, or appropriate land use practices justify or require doing so.
B. Applicability. This procedure sets out the requirements for amendments to the zoning district designation of land within the Town's planning jurisdiction as well as for land coming into the Town's planning jurisdiction via annexation in accordance with the standards in Sections 160D-602 through 160D-605 of the North Carolina General Statutes.
C. Procedures Distinguished.
1. This zoning map amendment procedure shall be used in the consideration of traditional map amendment.
2. Conditional rezoning (see Section 2.2.6, Conditional Rezoning) applications are applications that include conditions agreed to by the applicant and the Town that seek to either further limit development beyond that allowed within a specific base zoning district, or otherwise deviate from the minimum standards that would otherwise apply.
3. Applications filed as either a traditional zoning map amendment or conditional rezoning application may not be converted to the other form of map amendment application during the review process, and shall instead be withdrawn and resubmitted as a new application.
D. Zoning Map Amendment Procedure. The zoning map amendment procedure is described in Figure 2.2.25, Zoning Map Amendment Procedure, as supplemented by Section 2.3, Application Processing, and the Procedures Manual.
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E. Application Submittal. Applications may be initiated by the Board of Commissioners, the Planning Board, the Planning Director, all landowner(s) or contract purchasers of the land in the proposed application.
F. Joint Public Hearing. Following provision of public notice for a public hearing in accordance with Section 2.3.6, Public Notice, the Planning Board and Board of Commissioners shall conduct a joint legislative public hearing on the zoning map amendment application.
G. Review by Planning Board.
1. The Planning Board, following the close of the joint public hearing, shall review the application and the information presented during the joint public hearing during a follow-up public meeting, and shall make a recommendation on a the zoning map amendment application in accordance with Section 2.2.25.J, Zoning Map Amendment Review Standards.
2. In making its recommendation, the Planning Board shall prepare a written consistency statement including each of the following:
a. Whether the zoning map amendment application is recommended for approval, denial, or remanded to Town staff; and
b. The degree to which the zoning map amendment is or is not consistent with the Town's adopted policy guidance; and
c. The ways in which the zoning map amendment is or is not consistent with the Town's adopted policy guidance; and
d. Whether approval of the zoning map amendment also amends or does not amend the Town's adopted policy guidance; and
e. If the adopted policy guidance is amended as part of the application approval, a description of the change in conditions to meet the development needs of the Town that were taken into account as part of the approval; and
f. An explanation of why the recommendation is reasonable; and
g. An explanation of why the recommendation is in the public interest.
H. Board of Commissioners Review and Decision.
1. The Board of Commissioners, after the conclusion of the joint public hearing conducted with the Planning Board, and receipt of a recommendation on the zoning map amendment by the Planning Board, shall decide the application during a follow-up public meeting in accordance with Section 2.2.25.J, Zoning Map Amendment Review Standards.
2. The decision shall be one of the following:
a. Adoption of the zoning map amendment as proposed;
b. Adoption of the zoning map amendment to a zoning district designation of lesser intensity;
c. Denial of the zoning map amendment; or
d. Remand of the zoning map amendment application to the Planning Board for further consideration.
3. The Board of Commissioners shall not rely upon any representations made by the applicant that if the application is granted, the subject land will be used for limited types of uses permitted in the requested zoning district. Rather, the Board of Commissioners shall consider the full range of use types allowable in the proposed zoning district designation.
4. In making its decision, the Board of Commissioners shall adopt a written statement including each of the following:
a. Whether the zoning map amendment application is approved, denied, or remanded; and
b. The degree to which the zoning map amendment is or is not consistent with the Town's adopted policy guidance; and
c. The ways in which the zoning map amendment is or is not consistent with the Town's adopted policy guidance; and
d. Whether approval of the zoning map amendment amends or does not amend the Town's adopted policy guidance; and
e. If the adopted policy guidance is amended as part of the application approval, a description of the change in conditions to meet the development needs of the town that were taken into account as part of the approval; and
f. An explanation of why the action taken by the Board of Commissioners is reasonable; and
g. An explanation of why the action taken by the Board of Commissioners is in the public interest.
I. Designation on Official Zoning Map. The Planning Director shall make changes to the Official Zoning Map promptly after approval of a zoning map amendment application by the Board of Commissioners.
J. Zoning Map Amendment Review Standards. The advisability of an amendment to the Official Zoning Map is a matter committed to the legislative discretion of the Board of Commissioners and is not controlled by any one factor. In determining whether to adopt or deny a proposed zoning map amendment, the Board of Commissioners may weigh the relevance of and consider the following:
1. Whether the proposed zoning map amendment advances the public health, safety, or welfare;
2. Whether and the extent to which the proposed rezoning is appropriate for its proposed location, and is consistent with the purposes, goals, objectives, and policies of the Town's adopted policy guidance.
3. Whether an approval of the rezoning is reasonable and in the public interest.
4. Other factors as the Board of Commissioners may determine to be relevant.
K. Effect.
1. Lands subject to an approved map amendment shall be subject to all the applicable standards in this Ordinance, which shall be binding and shall run with the land.
2. Development located outside the Zebulon corporate limits shall comply with all Town policies related annexation and the extension of utilities.
L. Amendment. Amendment of a decision on a zoning map amendment may only be reviewed and considered in accordance with the procedures and standards established for its original approval.
M. Appeal.
1. Any decision by the Board of Commissioners shall be subject to review by the Superior Court of Wake County.
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. This section describes the standard (or common) procedural steps and rules generally applicable to all development applications reviewed under this Ordinance, unless otherwise specified in Section 2.2, Application Review Procedures. It is the intent of this section to establish a uniform set of processes to foster greater efficiency and predictability for applicants, adjacent landowners, elected officials, and Town staff.
B. The subsections in this section are listed sequentially and are intended to describe the procedures that take place during the application submittal, review, and decision notification process.
A. Purpose. The purpose of a pre-application conference is to provide an opportunity for the applicant to learn about the submittal requirements, procedures, and standards applicable to a particular development application. A pre-application conference is also an opportunity for Town staff to become familiar with, and offer preliminary comments about the scope, features, and impacts of the proposed development, as it relates to the standards in this Ordinance.
B. Applicability.
1. Pre-Application Conference Required.
a. A pre-application conference between the applicant and Town staff is required before submittal of some applications, in accordance with Table 2.2, Application Review Procedures.
b. Pre-application conferences are optional for other applications.
c. There are no limits on the number of pre-application conferences that may be conducted, though the Town may charge an application fee for the third or subsequent pre-application conference on the same project or development site.
2. Discussions Non-Binding. Discussions at a pre-application conference are not binding on the Town and do not constitute submittal or review of an application.
C. Scheduling. Applicants shall contact the Planning Director to schedule a pre-application conference.
D. Procedure.
1. Following receipt of a request for a pre-application conference, the Planning Director shall schedule the conference and notify the applicant of the time and location. During the conference, Town staff members will explain the application review process and any special issues or concerns regarding the subject proposal.
2. The applicant is encouraged to submit a sketch or conceptual plan, if appropriate, to Town staff prior to or during the pre-application conference, but there is no requirement to submit any material in advance of the conference.
E. Effect. When required, a completed pre-application conference entitles an applicant to take the next step in the application process. Applications for development proposals that mandate a pre-application conference will not be accepted until after the mandatory pre-application conference has been completed.
A. Authority to File Applications. Unless expressly stated otherwise in this Ordinance, development applications associated with a particular lot or site reviewed under this Ordinance shall be submitted by the landowner, contract purchaser, or other person having a recognized property interest in the land on which development is proposed.
B. Application Content. The Town of Zebulon shall establish application content and forms, which shall be contained in the Procedures Manual. The Procedures Manual shall be maintained by the Planning Director.
C. Application Fees.
1. The Board of Commissioners shall establish application fees, and may amend and update those fees as necessary. Fees shall cover the costs of review, including public notification, as required.
2. No action shall be taken on an application and no application approval shall be issued until all required application fees are paid in full.
D. Submittal and Review Schedule. The Procedures Manual contains specific rules for submittal and review schedules (including time frames for review) for the various types of development applications.
E. Application Filing.
1. Applications shall be submitted to the Town in the form established in the Procedures Manual, along with the appropriate application fee.
2. An application shall not be considered to be submitted until determined to be complete in accordance with Section 2.3.3.G, Determination of Application Completeness.
3. No application shall be reviewed or decided until after it is determined to be complete.
4. No application shall be accepted for development proposed on a lot or site until property taxes are paid in full, as determined by the Wake County Tax Assessor.
F. Burden of Presenting Complete Application. The burden of presenting and maintaining a complete application shall be solely upon the applicant.
G. Determination of Application Completeness. On receiving a development application, the Planning Director shall determine, within a reasonable period of time, whether the application is complete or incomplete. A complete application is one that:
1. Contains all information and materials identified in the Procedures Manual as required for submittal of the particular type of application;
2. Is in the form and number of copies required by the Procedures Manual;
3. Is legible and printed to scale (where appropriate);
4. Is signed by the person with the authority to file the application;
5. Includes information in sufficient detail to evaluate whether or not the application complies with the applicable review standards in this Ordinance;
6. Is accompanied by the fee established for the particular type of application;
7. Includes material associated with a pre-application conference, if one is required;
8. Includes the written summary of a neighborhood meeting, if one was conducted prior to application submittal; and
H. Application Incomplete. If the application is incomplete, the Planning Director shall notify the applicant of the deficiencies. The applicant may correct the deficiencies and resubmit the application for completeness determination in accordance with Section 2.3.3.D, Submittal and Review Schedule.
I. Application Complete.
1. On determining that the application is complete, it shall be considered as submitted, and the Town shall notify the applicant and commence review in accordance with the procedures and standards of this Ordinance.
2. Nothing shall preclude the Planning Director or a review authority from re-evaluating an application for completeness in the event application inadequacies are revealed at a date subsequent to an application being declared complete.
(Ord. 2020-36, passed 12-2-2019)
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