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2.3.   APPLICATION PROCESSING
2.3.1.   Purpose and Intent
   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.
2.3.2.   Pre-application Conference
   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.
2.3.3.   Application Filing
   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
      9.   Is not subject to the limitations described in Section 2.3.12, Limitation on Subsequent Similar Applications, and may be resubmitted in accordance with Section 2.3.3.A, Authority to File Applications.
   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)
2.3.4.   Neighborhood Meeting
   A.   Purpose. The purpose of the neighborhood meeting is to inform landowners and occupants of nearby lands about a development application that is going to be reviewed under this Ordinance, and to provide the applicant an opportunity to hear comments and concerns about the development proposal prior to the public hearing process. The neighborhood meeting is proposed as a means of resolving potential conflicts and outstanding issues with nearby landowners, where possible, in a more informal context.
   B.   Applicability.
      1.   Neighborhood meetings shall be conducted prior to filing of an application for the following types of development applications:
         a.   Conditional rezonings;
         b.   Planned developments;
         c.   Site plans in the DTC or DTP districts;
         d.   Special use permits; or
         e.   Zoning map amendments that establish a more dense or intense zoning district.
      2.   A neighborhood information meeting is optional for any other proposed development application.
   C.   Procedure. In cases when a neighborhood meeting is conducted, it shall comply with the following procedure:
      1.   Timing.
         a.   The meeting should be held at a time of day when the maximum number of neighbors may attend.
         b.   The meeting shall take place no less than three days before the application is filed with the Town.
      2.   Form.
         a.   The neighborhood information meeting can take the form of a meeting or gathering between the applicant, or the applicant's representative, and landowners or other interested parties.
         b.   Multiple meetings may take place, but notification for each meeting shall be provided.
      3.   Location.
         a.   The neighborhood meeting shall take place in a public or community space as close as possible to the site where development is proposed.
         b.   In the event no public or community space is suitable, the meeting may take place at another Town-owned site, subject to a prior reservation made by the applicant.
      4.   Notification.
         a.   The applicant shall provide notification of the neighborhood meeting via first class mail to all landowners and occupants within 300 linear feet of the outer perimeter of the site where development is proposed.
         b.   Mailed notice shall be provided no less than ten days prior to the date of the neighborhood meeting.
      5.   Information Provided. The applicant shall provide the following information in the neighborhood meeting invitation:
         a.   The purpose of the neighborhood meeting;
         b.   A description of the proposed development;
         c.   The time, date, and location of the meeting;
         d.   Telephone and email contact information for the applicant or applicant's representative; and
         e.   Any additional information that would promote understanding of the development proposal.
      6.   Conduct of Meeting. At the meeting, the applicant shall explain the development proposal and the proposed application, respond to questions and concerns neighbors raise about the application, and propose ways to resolve conflicts and concerns.
      7.   Staff Attendance. Town staff shall not attend a neighborhood meeting in a professional capacity. Nothing shall limit a Town staff member from attending a neighborhood meeting as an interested citizen.
      8.   Written Summary. The applicant shall submit a written summary of the neighborhood meeting with the application materials. At a minimum, the written summary shall include all of the following:
         a.   An affidavit of mailing listing all parties (including mailing address) who were mailed a meeting invitation;
         b.   A copy of the meeting invitation;
         c.   A sign-in sheet of meeting attendees; and
         d.   A list of the items discussed, including any questions posed by attendees and the answers provided.
(Ord. 2020-36, passed 12-2-2019)
2.3.5.   Staff Review and Action
   A.   Initial Staff Review.
      1.   Following application completeness determination, it shall be distributed by the Planning Director to all appropriate staff and review agencies for review and comment.
      2.   Applications shall be reviewed during the review cycle in place when the application is determined to be complete.
      3.   In considering the application, the Planning Director or other Town staff (as appropriate), shall review the application, relevant support material, and any comments or recommendations from other staff and review agencies to which the application was referred.
      4.   If deficiencies in complying with applicable standards of this Ordinance are identified, the Planning Director shall notify the applicant of such deficiencies and provide the applicant a reasonable opportunity to discuss them and revise the application accordingly.
   B.   Staff Report and Recommendation.
      1.   The Planning Director shall prepare a written staff report on any application to be reviewed or decided by the Planning Board, Board of Commissioners, or the Board of Adjustment.
      2.   The staff report shall conclude whether the application complies with all applicable review standards of this Ordinance, and recommend one of the decisions authorized for the particular type of application, based on the review standards applicable to the application type, in accordance with Section 2.2, Application Review Procedures.
      3.   The staff report will not include a recommendation from Town staff on applications decided through the quasi-judicial process.
      4.   In cases where the staff finds an application does not comply with the provisions of this Ordinance the staff report shall cite the specific code section(s) in question and the reasons why the application fails to comply.
      5.   The staff report may identify and recommend modifications to the development proposal that specify how compliance deficiencies might be corrected and how adverse effects of the development application (if any) might be mitigated.
      6.   A staff report is not required for applications decided by the Planning Director, or the Technical Review Committee, though one may be prepared.
   C.   Distribution and Availability of Application and Staff Report. In cases where a staff report is prepared, the Planning Director shall take the following actions within a reasonable time period before the application is scheduled for review:
      1.   Schedule and ensure any required public notice of the application (if appropriate) is prepared in accordance with Section 2.3.6, Public Notice;
      2.   Transmit the application, related materials, and staff report to the appropriate review authority (ies);
      3.   Transmit a copy of the staff report and any related materials to the applicant; and
      4.   Make the application, related materials, and staff report available for examination by the public.
   D.   Applications Subject to Decision by Staff.
      1.   In cases where a development application is decided by the Planning Director or other designated Town staff member, the appropriate Town staff member shall make one of the following decisions, based on the review standards set forth in Section 2.2, Application Review Procedures:
         a.   Approve the application;
         b.   Disapprove the application; or
         c.   Delay decision making for a specified time to allow the applicant to revise the application for compliance with the requirements in this Ordinance.
      2.   In some instances, Town staff may decide an application contingent upon further revision by the applicant in accordance with the direction provided in the decision.
(Ord. 2020-36, passed 12-2-2019)
2.3.6.   Public Notice
   A.   Public Meeting Distinguished. Public meetings conducted in accordance with this Ordinance are not public hearings, and do not require the provision of public notification in accordance with this section.
   B.   Public Hearing Scheduling. When a development application is subject to a public hearing, the Planning Director shall ensure that the public hearing is scheduled for a regular meeting or a meeting specially called for that purpose by the review authority.
   C.   Public Notification Requirements.
      1.   All development applications subject to public notification shall comply with the appropriate standards in the North Carolina General Statutes. More specifically, Section 160D-601(a) for published notice, Section 160D-602(a) for mailed notice, and Section 160D-602(c) for posted notice.
      2.   Table 2.3.6.C, Public Notification Requirements, summarizes the provisions related to public notice. In computing the required time periods, the day the notice is published, mailed, or posted shall not be included, but the day of the hearing shall be included.
TABLE 2.3.6.C: PUBLIC NOTIFICATION REQUIREMENTS
Application Type
Type of Public Notification "X"=Required
Published Notice [1]
Mailed Notice [2]
Posted Notice [3]
TABLE 2.3.6.C: PUBLIC NOTIFICATION REQUIREMENTS
Application Type
Type of Public Notification "X"=Required
Published Notice [1]
Mailed Notice [2]
Posted Notice [3]
Annexation
X
X
X
Appeal
X
X [4]
.
Conditional Rezoning
X
X
X
Development Agreement
X
X
X
Planned Development
X
X
X
Reasonable Accommodation
X
X [4]
.
Special Use Permit
X
X
X
UDO Text Amendment
X
.
.
Variance
X
X
X
Vested Rights Determination
X
X
.
Zoning Map Amendment
X
X
X
 
 
NOTES:
[1] Published notice shall be provided once a week for two successive calendar weeks, with the first notice published between 10 and 25 days before the public hearing.
[2] Mailed notice shall be provided to the applicant, affected landowners, and landowners of abutting land between 10 and 25 days before the public hearing.
[3] Posted notice shall be provided between 10 and 25 days before the public hearing.
[4] Mailed notice shall only be required in cases where an appeal pertains to a particular lot or site.
 
   D.   Published Notice Requirements.
      1.   When the provisions of Section 160D-601 of the North Carolina General Statutes require that public notice be published, the designated review authority shall publish a notice in a newspaper that is regularly published at least one time per week and that has general circulation in the Town.
      2.   The content and form of the notice shall comply with the applicable requirements in the North Carolina General Statutes.
   E.   Mailed Notice Requirements. When the provisions of Section 160D-602(a) of the North Carolina General Statutes require that public notice be mailed, the designated review authority shall provide the required mailed public notice in accordance with the following:
      1.   Mailed notice specified in Table 2.3.6.C, Public Notification Requirements, shall be mailed to:
         a.   The applicant, if different from the landowner; and
         b.   All landowners within 750 feet of the outer boundaries of the subject parcel or parcels whose address is known by reference to the latest county tax listing.
      2.   Notice shall be deemed mailed by its deposit in the United States first class mail, properly addressed, postage paid. The content and form of the notice shall comply with Section 2.3.6.G, Notice Content, and Section 160D-602(a) of the North Carolina General Statutes.
      3.   A copy of the mailed notice shall be maintained in the offices of the designated review authority for public inspection during normal business hours.
      4.   Mailed notice shall not be required when a zoning map amendment includes more than 50 lots or tracts owned by at least 50 different landowners, provided the Town publishes a map (occupying at least ½ of a newspaper page) showing the boundaries of the affected area in a newspaper of general circulation once a week for two successive calendar weeks between 10 days and 25 days before the public hearing. Affected landowners residing outside the newspaper circulation area shall be notified via first class mail pursuant to Section 2.3.6.E, Mailed Notice Requirements.
   F.   Posted Notice Requirements. When the provisions of Section 160D-602(c) of the North Carolina General Statutes require that public notice be posted, the Planning Director shall provide the required posted public notice in accordance with the following:
      1.   A sign (or signs) shall be placed on the subject property in a conspicuous location so as to be clearly visible to the traveled portion(s) of the respective street(s). Where the land subject to the notice does not have frontage on a public street, the sign shall be erected on the nearest street right-of-way.
      2.   The content and form of the notice shall comply with Section 2.3.6.G, Notice Content, and Section 160D-602(c) of the North Carolina General Statutes.
   G.   Notice Content. Unless expressly indicated otherwise by the North Carolina General Statutes, all notices by mail or publication shall:
      1.   Identify the date, time, and place of the public hearing;
      2.   Describe the land involved by county parcel identification number (PIN), street address, or by its relationship to a fronting street and the nearest cross street (if applicable);
      3.   Describe the nature and scope of the proposed development or action; and
      4.   Identify the means to contact a Town official for further information.
   H.   Constructive Notice.
      1.   Minor defects in any notice shall not impair the notice or invalidate proceedings if a bona fide attempt is made to comply with applicable notice requirements. Minor defects in notice may include, but are not limited to:
         a.   Errors such as landowner name, title, or address existing in the county tax listing; or
         b.   Typographical or grammatical errors that do not impede communication of the notice to affected parties.
      2.   Failure of a party to receive written notice shall not invalidate subsequent action. A posted notice that becomes no longer visible due to weather, theft, or other unintended circumstances shall not invalidate proceedings if a bona fide attempt is made to comply with applicable posted notice requirements. In all cases, however, the requirements for the timing of the notice and for specifying the time, date, and place of a public hearing and the location of the subject property shall be strictly adhered to.
(Ord. 2020-36, passed 12-2-2019; Ord. 2021-65, passed 5-3-2021; Ord. 2023-09, passed 11-7-2022)
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