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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)
A. Purpose and Intent. This appeal procedure is proposed to establish a clear and predictable procedure for persons with standing to appeal a decision, or interpretation by a Town official.
B. Applicability.
1. Appeals of decisions or interpretations by a Town official made pursuant to this Ordinance shall be reviewed and decided by the Board of Adjustment (BOA) in accordance with this section.
2. Appeals of decisions made by the Board of Commissioners or BOA shall be to the Superior Court for Wake County, in accordance with state law.
3. In the event an applicant wishes to appeal a standard outside this Ordinance, or a decision by a staff member not addressed by this Ordinance, the appeal shall be made to the Town Manager in accordance with Town policy.
C. Initiation. An appeal shall be initiated by filing a written notice of appeal with the Planning Director within 30 days of the date the written determination or decision being appealed is received by the applicant (except where otherwise specified in this Ordinance).
D. Appeal Procedure. The Appeal procedure is described in Figure 2.2.3, Appeal Procedure, as supplemented by Section 2.3, Application Processing, and the Procedures Manual.
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E. Review and Decision by the Board of Adjustment.
1. The BOA, at the conclusion of a quasi-judicial public hearing, shall decide the application for the appeal.
2. The decision shall be based on the competent, material, and substantial evidence in the record of the appeal, as supplemented by arguments presented at the quasi-judicial hearing, and the standards in Section 2.2.3.F, Appeal Review Standards.
3. The decision shall be one of the following:
a. Affirmation of the decision or interpretation (in whole or in part);
b. Modification of the decision or interpretation (in whole or in part); or
c. Reversal of the decision or interpretation (in whole or in part).
4. A vote to reverse or modify a decision or determination shall require approval of a majority of a quorum present at the hearing.
5. Each decision shall be made in writing and reflect the BOA's determination of contested facts and their application to the standards in this Ordinance.
6. The written decision shall be signed by the Chair or other duly authorized member of the BOA.
7. The decision of the BOA shall be effective upon the filing of the written decision in the offices of the Planning Department.
F. Appeal Review Standards.
1. The BOA is limited to the following determinations in considering the appeal:
a. Whether the decision-maker erred in the interpretation of this Ordinance; or
b. Whether the decision-maker erred in determining whether a standard of this Ordinance was met.
2. The BOA shall not hear any evidence or make any decision based on hardships or special conditions except as part of an application for a variance.
G. Effect.
1. An appeal stops all proceedings and actions by the applicant.
2. A Town official may file a certification requiring the applicant to continue with some portion of the development activity only in cases where a stop of development activity would cause imminent peril to life or property.
3. If certification by a Town official is filed, development activity specified in the certification shall not be stayed except through issuance of a restraining order by a court of competent jurisdiction.
4. The appellant may file for an expedited hearing of the appeal, and the BOA shall meet to consider the appeal with 15 days of the date the request is filed.
5. The filing of an appeal prevents the filing of an application for a zoning map amendment, special use permit, zoning compliance permit, or building permit for the same land subject to an appeal application, as well as the filing of a text amendment application by the same party filing the appeal until the appeal application is decided or appealed to the courts.
H. Amendment. A decision on an appeal shall not be amended, but may be appealed to the Superior Court for Wake County.
I. Expiration. A decision on an appeal shall not expire.
J. Appeal.
1. Any decision by the BOA shall be subject to review by the Superior Court of Wake County by proceedings in the nature of certiorari and in accordance with Section 160D-1402 of the North Carolina General Statutes.
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 the building permit procedure is to establish a consistent process for the review and approval of construction activities for consistency with all applicable building codes to give reasonable assurance that new development is safe from structural failure, fire hazards, electrical shock, or any other applicable health risks, as well as to establish a permanent record of work performed and inspections conducted.
B. Applicability. Unless exempted in accordance with this Ordinance or the State Building Code(s), no construction, reconstruction, addition, alteration, repair, movement to another site, removal, demolition of any building or structure, or changes in use triggering the need for application of a different set of building code requirements shall occur until a building permit is approved in accordance with the procedures and standards of this section.
C. Exemptions. The following forms of development are exempted from the requirement to obtain a building permit, but shall be subject to the standards in Section 2.2.24, Zoning Compliance Permit:
1. Storage and accessory buildings that serve a residential principal use, are 12 linear feet in length or less on any dimension, and do not include electrical service or running water;
2. Patios and at-grade walkways;
3. Playground equipment and play structures provided as accessory uses to a single-family residential dwelling; or
4. Fences or privacy walls of 6 feet in height or less, except that all retaining walls shall require a building permit.
D. Building Permit Procedure. The building permit procedure is described in Figure 2.2.4, Building Permit Procedure, as supplemented by Section 2.3, Application Processing, information posted on Wake County's digital Permit Portal, and the Procedures Manual.
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E. Decision by Inspections Director. The decision on a building permit shall be made by the Wake County Building Inspections Director following approval of the request by the Planning Director. Decisions on building permit applications shall be in accordance with the standards in Section 2.2.4.F, Building Permit Review Standards.
F. Building Permit Review Standards. A building permit shall be issued if the application complies with:
1. The applicable sections of the State Building Code(s);
2. The standards in Section 160D-403 of the North Carolina General Statutes;
3. Any applicable requirements of the Wake County Environmental Services Department;
4. The site plan, if applicable;
5. The zoning compliance permit;
6. All other standards or conditions of any prior, applicable permits, and development approvals; and
7. All other applicable requirements of this Ordinance, the Town Code of Ordinances, state law, and federal law.
G. Expiration.
1. A building permit shall expire and become null and void if the development it authorizes is not commenced within six months of the permit issuance.
2. If development authorized by a building permit commences but fails to achieve at least one passing inspection (foundation, footing, framing, mechanical, etc.) for a continuous period of 12 months, the permit shall expire and become null and void.
H. Appeal.
1. An appeal of a decision on a building permit may be filed with the North Carolina Commissioner of Insurance, in accordance with Section 160D-1127 of the North Carolina General Statutes.
2. Appeal of decisions on building inspections shall be made to the Wake County Permits and Inspections Department in accordance with their procedures and requirements.
(Ord. 2020-36, passed 12-2-2019; Ord. 2021-65, passed 5-3-2021)
A. Purpose and Intent. The purpose for the certificate of occupancy procedure is to establish a consistent and standardized method to document a development's compliance (or pending compliance) with all applicable building codes and Town requirements prior to occupancy or initiation.
B. Applicability. Except where exempted by Section 2.2.9.C, Exemptions, no land, newly erected building or structure, or existing building or structure that has been moved or enlarged or changed in use shall be occupied or used until a certificate of occupancy certifying that the land, building, or structure, and its use complies with this Ordinance and the applicable standards of the State Building Code(s) is issued in accordance with this section.
C. Exemptions. Development exempted from Section 2.2.4, Building Permit, shall also be exempted from this section.
D. Certificate of Occupancy Procedure. The certificate of occupancy procedure is described in Figure 2.2.5, Certificate of Occupancy Procedure, as supplemented by Section 2.3, Application Processing, and the Procedures Manual.
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E. Decision by Planning Director. The decision on a certificate of occupancy shall be made by the Planning Director. Decisions on certificates of occupancy applications shall be in accordance with the standards in Section 2.2.5.F, Certificate of Occupancy Review Standards.
F. Certificate of Occupancy Review Standards. A certificate of occupancy shall be approved if the land, building, structure, or proposed use complies with:
1. All relevant standards of this Ordinance;
2. Any other applicable Town requirements;
3. All applicable conditions of approval;
4. The building permit;
5. The applicable State Building Code(s) requirements; and
6. All applicable state and federal requirements.
G. Performance Guarantee. The Planning Director may require the applicant to submit a performance guarantee (see Section 6.6, Performance Guarantees, in an amount necessary to ensure that any work not completed as specified in the development permit or approval will be completed within the specified time frame for a certificate of occupancy.
H. Temporary Certificate of Occupancy.
1. In cases where it would be unreasonable to require the applicant to comply with all the requirements of this procedure prior to commencement of the proposed use, transfer of lots in a subdivision, or occupancy of any buildings (due to weather conditions or other issues beyond the applicant's control, but not including financial hardship), the Planning Director may approve the issuance a temporary certificate of occupancy by the Wake County Inspections Director, provided:
a. The Wake County Inspections Director approves of the temporary certificate;
b. The commencement or occupancy will not violate any health or safety considerations of any applicable codes;
c. A performance guarantee, submitted in accordance with Section 6.6, Performance Guarantees, is provided for any required infrastructure or other required site feature; and
d. The duration of the temporary certificate of occupancy shall not exceed six months.
2. If all remaining work is not completed within the specified time frame of the temporary certificate of occupancy, the Planning Director shall take action in accordance with Article 8: Enforcement.
I. Expiration. A certificate of occupancy shall not expire.
J. Appeal.
1. Appeal of decisions on certificates of occupancy shall be made to the Wake County Permits and Inspections Department in accordance with their procedures and requirements.
2. An appeal pertaining to a State Building Code(s) issue shall be filed with to the North Carolina Commissioner of Insurance in accordance with Section 160D-1127 of the North Carolina General Statutes.
(Ord. 2020-36, passed 12-2-2019; Ord. 2021-65, passed 5-3-2021)
A. Purpose and Intent. The purpose of this section is to provide a uniform means for amending the Official Zoning Map to establish a conditional zoning district. In cases where the standards of a general use zoning district are inadequate to ensure that development allowed by the district will conform to the Town's adopted plans or to appropriately address the impacts expected to be generated by development, a landowner may apply for a conditional rezoning. The conditional rezoning, if approved, establishes a parallel conditional zoning district that is equivalent to a corresponding general use zoning district, except as modified through additional conditions restrictions that the applicant and Town mutually agree are necessary to ensure conformance with adopted plans and to adequately address expected development impacts.
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 Section 160D-703 of the North Carolina General Statutes.
C. Procedures Distinguished. Applications filed as a conditional rezoning application may not be converted to a map amendment application to establish a general use zoning district during the review process, and shall instead be withdrawn and resubmitted as a zoning map amendment application (see Section 2.2.25, Zoning Map Amendment).
D. Applied to Entire Site.
1. Applications for a conditional rezoning submitted after January 1, 2020 shall include all the land area within a recorded lot or site that is the subject of the application.
2. Conditional rezoning applications may not establish bifurcated zoning classifications where only a portion of a lot or site is subject to a particular conditional zoning district classification.
E. Conditional Rezoning Procedure. The conditional rezoning procedure is described in Figure 2.2.6, Conditional Rezoning Procedure, as supplemented by Section 2.3, Application Processing, and the Procedures Manual.
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F. Application Submittal.
1. Conditional rezoning applications may only be initiated by the landowner(s) of the land subject to the application, or their authorized agents.
2. All conditions of approval proposed by the applicant must be included with the conditional zoning application.
3. Conditional rezoning applications shall include a site plan or concept plan depicting the proposed development configuration that shall be reviewed by the TRC prior to the joint public hearing.
4. The application shall include a transportation impact analysis for review, when required by Section 6.13, Transportation Impact Analysis.
G. 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 conditional rezoning application.
H. 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 the conditional rezoning application in accordance with Section 2.2.6.K, Conditional Rezoning Review Standards.
2. In making its recommendation, the Planning Board shall prepare a written consistency statement including each of the following:
a. Whether the conditional rezoning application is recommended for approval, denial, or remanded to Town staff; and
b. The degree to which the conditional rezoning is or is not consistent with the Town's adopted policy guidance; and
c. The ways in which the conditional rezoning is or is not consistent with the Town's adopted policy guidance; and
d. Whether approval of the conditional rezoning 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.
3. During its review of a conditional rezoning application, the Planning Board may suggest revisions to the proposed conditions (including the concept plan), consistent with the provisions of Section 2.2.6.L, Conditions of Approval. Only those revisions agreed to in writing by the applicant shall be incorporated into the application.
I. 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 conditional rezoning application by the Planning Board, shall decide the application during a follow-up public meeting in accordance with Section 2.2.6.K, Conditional Rezoning Review Standards.
2. The decision shall be one of the following:
a. Adoption of the conditional rezoning application as proposed;
b. Adoption of a revised conditional rezoning application;
c. Denial of the conditional rezoning application; or
d. Remand of the conditional rezoning application to the Planning Board for further consideration.
3. In making its decision, the Board of Commissioners shall adopt a written consistency statement including each of the following:
a. Whether the conditional rezoning application is approved, denied, or remanded; and
b. The degree to which the conditional rezoning is or is not consistent with the Town's adopted policy guidance; and
c. The ways in which the conditional rezoning is or is not consistent with the Town's adopted policy guidance; and
d. Whether approval of the conditional rezoning 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.
J. Designation on Official Zoning Map. The Planning Director shall make changes to the Official Zoning Map promptly after approval of a conditional rezoning application by the Board of Commissioners.
K. Conditional Rezoning 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 conditional rezoning, the Board of Commissioners may weigh the relevance of and consider the following:
1. Whether the proposed conditional rezoning advances the public health, safety, or welfare;
2. Whether and the extent to which the proposed conditional 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 conditional rezoning is reasonable and in the public interest;
4. Whether and the extent to which the concept plan associated with the conditional rezoning is consistent with this Ordinance; and
5. Any other factors as the Board of Commissioners may determine to be relevant.
L. Conditions of Approval.
1. Only conditions mutually agreed to by the owner(s) of the property that is the subject of a conditional zoning district designation and the Board of Commissioners may be approved as part of a conditional rezoning application establishing a conditional zoning district.
2. Conditions shall be limited to those that address conformance of development and use of the site with Town regulations and adopted plans and that address the impacts reasonably expected to be generated by the development or use of the site.
3. Conditions shall be in writing and may be supplemented with text or plans and maps.
4. Unless subject to an approved condition, all requirements of a corresponding general zoning district shall apply to a conditional zoning district.
5. No condition shall be made part of the application which:
a. Is less restrictive than any applicable overlay zoning district standard;
b. Specifies the ownership status, race, religion, or other characteristics of the occupants of housing units;
c. Establishes a minimum size of a dwelling unit;
d. Establishes a minimum value of buildings or improvements;
e. Excludes residents based upon race, religion, or income; or
f. Obligates the Town to perform in any manner relative to the approval of the conditional rezoning or development of the land.
M. Effect.
1. Lands subject to an conditional rezoning shall be subject to all the standards, conditions, and plans approved as part of that application. These standards, plans, and approved conditions are perpetually binding on the land as an amendment to this Ordinance and the Official Zoning Map, and may only be changed in accordance with the procedures established in this Ordinance.
2. Development located outside the Town of Zebulon's corporate limits shall comply with all Town policies related to annexation and the extension of utilities.
N. Amendment. Amendments to an approved conditional rezoning application may only be considered in accordance with the following:
1. Minor Changes.
a. Subsequent plans and permits for development within a conditional rezoning district may include minor changes. Minor changes are limited to changes that have no material effect on the character of the proposed development or changes that address technical considerations that could not reasonably be anticipated at the time of the conditional rezoning approval.
b. The following minor changes may be approved by the Planning Director, in consultation with other appropriate Town staff:
i. Changes to the location of entrances or driveways, the rearrangement of internal streets, turn lanes, drives, or access restrictions;
ii. Changes to the configuration of parking areas, but not the number of parking spaces;
iii. Changes to the configuration or location of open space or placement of required amenities, provided the amount of open space (whether passive or active) is unchanged;
iv. Changes to the configuration of landscape yards, including types of materials, provided minimum width and planting requirements are met;
v. Changes to proposed building elevations or facades, including materials, provided that the change retains the same general architectural character and provided the development still complies with the applicable design requirements; and
vi. Changes to the arrangement or location of buildings provided there is no increase in the number of buildings, size, or amount of impervious surface.
2. Significant Changes Considered Amendments.
a. Changes that materially affect the basic character or configuration of the proposed development or that exceed the scope of a minor change are considered amendments. Amendments include, but are not limited to:
i. Changes in use designations;
ii. Density/intensity increases;
iii. Decreases in open space;
iv. Substantial changes in the location of streets (particularly if streets are to be deleted or access points to the development moved so traffic flows both inside and outside the development are affected); and
v. Change in the location of any public easement.
b. Amendments shall be reviewed and considered in accordance with the procedures and standards established for the original approval of a conditional rezoning application.
O. 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. Purpose and Intent. The purpose for the Construction Drawing procedure is to establish a consistent and predictable process for the review of proposed development, through a detailed representation of the proposal. Construction Drawing review is an analysis to ensure that allowable development is configured in accordance with required utilities and constructions standards, not a consideration of whether or not a proposed development is allowed.
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B. Applicability.
1. Except for development exempted from Construction Drawing review in accordance with Section 2.2.9.C, Exemptions, all forms of 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 Construction Drawing 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.
1. Construction of a single-family detached dwelling on an individual lot;
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. Construction Drawing Procedure. The Construction Drawing procedure is described in Figure 2.2.7, Construction Drawing Procedure, as supplemented by Section 2.3, Application Processing, and the Procedures Manual.
E. Application. The application shall include details sheets and to scale engineered plans.
F. Decision by Technical Review Committee. The Technical Review Committee shall review and decide the application in accordance with Section 2.2.7.G, Construction Drawing Review Standards.
G. Construction Drawing Review Standards. A Construction Drawing 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. Construction Plans.
a. Construction Drawing plans for all public improvements included with or filed subsequent to the Non-Residential Site Plan or Residential Preliminary Plan shall be approved prior to street and utility construction in accordance with the applicable Town standards.
b. In the case of a multi-phase site plan, any street and utility construction plans shall include all improvements within a phase and all public improvements outside the phase but necessary to serve development within that phase.
2. Performance Guarantees. All public improvements that have not been installed by the developer, inspected, and accepted by the Town shall comply with the requirements in Section 6.6, Performance Guarantees, prior to the issuance of a certificate of occupancy.
I. Amendment. Amendment of a Construction Drawing may only be reviewed and considered in accordance with the procedures and standards established for its original approval.
J. Expiration. If the work authorized by a Construction Drawing approval is not commenced 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)
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)
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