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This article sets out the review procedure used by the Town for each of the development application types subject to this Ordinance. The intent of these provisions is to:
A. Identify the steps in the review process for each type of application;
B. Increase predictability for applicants by standardizing the text describing the different development application review procedures;
C. Establish measurable review criteria for decision-makers to use in making a decision on an application; and
D. Comply with all applicable state and federal laws.
(Ord. 2020-36, passed 12-2-2019)
A. Article 2 is comprised of three main sections: how to use the article (Section 2.1, How to Use this Article), a section called "application review procedures" (Section 2.2, Application Review Procedures) that describes the application review procedures (in alphabetical order) for each type of development application, and an "application processing" (Section 2.3, Application Processing) section that explains the standardized process used by the Town in the review of an application.
B. Each application review procedure includes a procedural flowchart that depicts the steps in the review process (See Figure 2.1.2.B: Flowchart Example). Each step is sequentially numbered from the top (the beginning) to the bottom (the end). White boxes in the flowchart indicate actions of the applicant. Boxes with dashed lines show optional steps that may be undertaken by the applicant. Green boxes indicate actions of Town staff. Grey boxes show public meetings or legislative public hearings (as appropriate), and black boxes show quasi-judicial public hearings.
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A. The first step in the development review process is to determine the specific type(s) of development application to be submitted. Table 2.2, Application Review Procedures, describes all the application review procedures in this Ordinance and the review authorities who decide them.
B. The second step is to find the relevant application procedure in Section 2.2, Application Review Procedures, and review that information to better understand the steps and the criteria used in the decision-making process.
C. The third step is to review the application processing information in Section 2.3, Application Processing, to understand how the Town will process the application.
D. Step four is to review the Procedures Manual for application forms, submittal requirements, application fees, and application review schedules.
E. Applications that are not prepared, filed, and determined to be complete in accordance with this article and the Procedures Manual will not be processed by the Town.
(Ord. 2020-36, passed 12-2-2019)
Applicants who need additional information on how to file an application should schedule a pre-application conference with Town staff (see Section 2.3.2, Pre-application Conference) to better understand the review requirements and relevant procedural steps associated with their particular application.
(Ord. 2020-36, passed 12-2-2019)
Table 2.2, Application Review Procedures, lists the development application procedures (in alphabetical order), identifies the section of this Ordinance where the information may be found, whether or not a pre-application conference is required or is optional, and the review authority(ies) who review and decide the application type.
Pre-application Conference: "M" = Mandatory "O" = Optional "." = not applicable Type of Action: "R" = Recommendation "D" = Decision "A" = Appeal Table symbols: | | = Public Meeting < > = Legislative Public Hearing / \ =Quasi-Judicial Hearing [ ] = see Notes | |||||||
Review Procedure | Section Reference | Pre-application Conference | Review Authorities | ||||
Planning Director [1] | Technical Review Committee | Planning Board [2] | Board of Commissioners | Board of Adjustment |
Pre-application Conference: "M" = Mandatory "O" = Optional "." = not applicable Type of Action: "R" = Recommendation "D" = Decision "A" = Appeal Table symbols: | | = Public Meeting < > = Legislative Public Hearing / \ =Quasi-Judicial Hearing [ ] = see Notes | |||||||
Review Procedure | Section Reference | Pre-application Conference | Review Authorities | ||||
Planning Director [1] | Technical Review Committee | Planning Board [2] | Board of Commissioners | Board of Adjustment | |||
Annexation [3] | O | . | . | . | <D> | . | |
Appeal | O | . | . | . | . | /D\ | |
Building Permit | O | [4] | . | . | . | . | |
Certificate of Occupancy | O | [4] | . | . | . | . | |
Conditional Rezoning [2] | M | . | [6] | |R| | |D| | . | |
Construction Drawing | O | . | D | ||||
Development Agreement | M | . | . | . | <D> | . | |
Exempt Subdivision [5] | O | D | . | . | . | /A\ | |
Expedited Subdivision | M | D | . | . | . | /A\ | |
Final Plat | O | D | . | . | . | /A\ | |
Floodplain Development Permit | O | D | . | . | . | /A\ | |
Interpretation | O | D | . | . | . | /A\ | |
Non-Residential Site Plan | M | . | D | [2] | [2] | /A\ | |
Planned Development [2] | M | . | [6] | |R| | |D| | . | |
Reasonable Accommodation | M | /D\ | |||||
Residential Preliminary Plan | M | . | D | [2] | [2] | /A\ | |
Sign Permit | O | D | . | . | . | /A\ | |
Special Use Permit | M | . | [6] | . | /D\ | . | |
Temporary Use Permit | O | D | . | . | . | /A\ | |
UDO Text Amendment [2] | M | . | . | |R| | |D| | . | |
Variance | M | . | . | . | . | /D\ | |
Vested Rights Determination | M | . | . | . | <D> | . | |
Zoning Compliance Permit | O | D | . | . | . | /A\ | |
Zoning Map Amendment [2] | 2.2.25 | M | . | . | |R| | |D| | . |
NOTES: [1] The Planning Director may delegate review authority in accordance with Section 9.1.9, Delegation of Authority. [2] Applications subject to a recommendation by the Planning Board shall first be heard by the Board of Commissioners and the Planning Board in a joint legislative public hearing noticed in accordance with Section 2.3.6, Public Notice. Following the joint public hearing, the application is considered by the Planning Board during a public meeting and then by the Board of Commissioners in a second public meeting. Public meetings are not subject to public notification requirements in Section 2.3.6, Public Notice. [3] In the event land being annexed is also subject to another application (such as a zoning map amendment), the annexation shall be reviewed and decided prior to any subsequent application. [4] Building permits and certificates of occupancy are issued in cooperation with the Wake County Building Inspector. [5] The exempt subdivision review procedure is provided as a courtesy, and is not mandated. [6] The TRC shall conduct a preliminary review of a site or concept plan attached to an application prior to consideration by the Board of Commissioners. | |||||||
(Ord. 2020-36, passed 12-2-2019; Ord. 2024-10, passed 9-11-2023)
A. Purpose and Intent. The purpose for this section is to establish a clear procedure and measurable review criteria for the administrative consideration of requests for minor deviations to certain numeric standards in this Ordinance (like zoning district dimensional standards). The intent of the procedure is to provide relief from practical difficulties in complying with the standards of this Ordinance. Administrative adjustments should only be granted when the proposed development advances the purposes of this Ordinance, and the proposed development can maintain compatibility with its surroundings.
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B. Applicability.
1. An administrative adjustment may be requested for a modification or deviation of up to 10 percent of any zoning district dimensional standard in Article 3: Districts, a numeric standard in Article 4: Uses, a numeric standard in Article 5: Development Standards, a numeric requirement in Article 6: Subdivisions, or a numeric requirement in Section 9.3, Rules of Measurement.
2. In no instance shall an administrative adjustment application seek to reduce the required minimum lot area, exceed the maximum residential density on a lot, reduce the minimum required distance between two use types, or reduce the standards pertaining to flood protection, stormwater management, or erosion control.
3. Applications for planned developments, zoning map amendments, or variances may not include requests for administrative adjustments.
C. Timing.
1. An administrative adjustment may be requested either as a stand-alone application, or in combination with another application for development review.
2. In cases when submitted with another application, the administrative adjustment portion of the application shall be reviewed and decided prior to the other portion(s) of the application.
D. Administrative Adjustment Procedure. The administrative adjustment procedure is described in Figure 2.2.1, Administrative Adjustment Procedure, as supplemented by Section 2.3, Application Processing, and the Procedures Manual.
E. Decision by Planning Director. The decision on an administrative adjustment shall be made by the Planning Director in accordance with the standards in Section 2.2.1.F, Administrative Adjustment Review Standards.
F. Administrative Adjustment Review Standards. An administrative adjustment shall be approved if the applicant demonstrates all of the following:
1. The administrative adjustment does not exceed the maximum allowable threshold;
2. The administrative adjustment will result in development that is consistent with the character of development on surrounding land, and is compatible with surrounding land uses;
3. The administrative adjustment:
a. Is required to compensate for some unusual aspect of the site or the proposed development that is not shared by landowners in general; or
b. Supports an objective or goal from the purpose and intent statements of the zoning district where it is located; or
c. Is necessary to allow for proper functioning of on-site wastewater or stormwater management devices; or
d. Saves healthy existing trees; or
e. Promotes some other written goal, objective, or purpose of this Ordinance.
4. The administrative adjustment will not pose a danger to the public health or safety;
5. The administrative adjustment will not negatively impact the function or performance of on-site wastewater or stormwater management devices;
6. Adverse impacts resulting from the administrative adjustment will be fully mitigated; and
7. The development standard being adjusted is not the subject of a previously approved administrative adjustment, condition of approval, or variance on the same site.
G. Amendment . Amendment of an administrative adjustment may only be reviewed and considered in accordance with the procedures and standards established for its original approval.
H. Expiration. If an administrative adjustment is associated with another permit or development approval, the expiration of the administrative adjustment shall be the same as the permit or development approval with which it is associated. In all other cases, the administrative adjustment shall run with the land.
I. Appeal. Appeal of a decision on an administrative adjustment 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 of this section is to establish a procedure for the consideration of voluntary annexation petitions from landowners seeking to add additional lands to the corporate limits of the Town.
B. Applicability.
1. The Board of Commissioners may review and decide voluntary annexation petitions from:
a. The owners of land that are contiguous with the Town's corporate limits; and
b. The owners of land that are not contiguous to the corporate limits when the proposed voluntary annexation complies with the following standards:
i. The land proposed for annexation is no more than three miles from the contiguous corporate limits; and
ii. No portion of the land proposed for annexation is closer to the contiguous corporate limits of another municipality unless the land is subject to an approved annexation agreement that includes the land within the Town's ultimate planning jurisdiction; and
iii. If the land proposed for annexation is part of a recorded subdivision, all lots in the recorded subdivision are part of the annexation petition; and
iv. The combined total land area associated with the annexation, when added to all other noncontiguous land areas annexed by the Town does not exceed 10 percent of the land area located within the Town's contiguous corporate limits.
2. The Town may accept voluntary annexation petitions from landowners that do not meet the criteria in subsection (1) above, but may not decide them until the application is consistent with subsection (1) above.
3. In cases where the Town may not voluntarily annex land, it may use a development agreement (see Section 2.2.8, Development Agreement) to extend Town utilities to the land prior to annexation.
C. Timing. In cases where land proposed for annexation is subject to any additional development applications reviewed in accordance with this Ordinance, the annexation application shall be reviewed and decided prior to the decision on any other applications.
D. Application Submittal.
1. The annexation petition shall be signed by all the owners of land proposed for annexation.
2. An annexation petition shall include a signed statement declaring whether or not any vested right with respect to the land subject to the petition has been established under Section 160D-108 of the North Carolina General Statutes.
E. Annexation Procedure.
1. The annexation procedure is described in Figure 2.2.2, Annexation Procedure, as supplemented by Section 2.3, Application Processing, and the Procedures Manual.
2. Following receipt of an annexation petition the Town Clerk shall investigate and certify whether the petition is legally sufficient. Only legally sufficient petitions shall be considered by the Town.
3. The Planning Director shall review the petition and comment on the Town's ability to provide municipal services.
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F. Board of Commissioners Review and Decision.
1. The Board of Commissioners, after the conclusion of a legislative public hearing, shall decide the application in accordance with Section 2.2.2.G, Annexation Review Standards.
2. The decision shall be one of the following:
a. Approval of the annexation petition;
b. Denial of the annexation petition; or
c. Remand of the annexation petition to Town staff for further consideration.
G. Annexation Review Standards. Approval of an annexation is a matter committed to the legislative discretion of the Town Board of Commissioners. The voluntary annexation petition may be approved upon a finding the petition complies with all the standards in Section 160A-31 or Section 160A-58 in the North Carolina General Statutes, as appropriate, and:
1. The annexation petition bears the signatures of all landowners within the area to be annexed;
2. The area to be annexed can be adequately served by the same municipal services provided within the Town's primary corporate limits;
3. The debt obligations from serving the subject lands do not exceed the anticipated revenues to the Town; and
4. The public health, safety, and welfare of Town residents and the residents of the lands proposed for annexation will be best served by the annexation.
H. Recording. An ordinance approving a voluntary annexation adopted by the Town, together with a map of the annexed area, shall be recorded in the office of the Wake County Register of Deeds within 14 days of the adoption of the annexation.
I. Effect.
1. Within 60 days of annexation, the BOC shall adopt a zoning district classification for the land involved. The BOC may consider a Town-initiated or landowner-initiated zoning map amendment immediately following approval of the annexation.
2. Upon the effective date of annexation, the land shall be subject to the debts, laws, ordinances and regulations of the Town, and shall be entitled to the same privileges and benefits as other parts of the Town.
J. Amendment. A decision on an annexation shall not be amended.
K. Expiration.
1. A decision on an annexation shall not expire.
2. Land may be de-annexed only by act of the North Carolina General Assembly.
L. 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 5-3-21)
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