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2.1.4.   For Additional Information
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)
2.2.   APPLICATION REVIEW PROCEDURES
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.
TABLE 2.2: APPLICATION REVIEW PROCEDURES
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
TABLE 2.2: APPLICATION REVIEW PROCEDURES
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)
2.2.1.   Administrative Adjustment
   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.
Figure 2.2.1: Administrative Adjustment Procedure
   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)
2.2.2.   Annexation
   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.
Figure 2.2.2: Annexation Procedure
   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)
2.2.3.   Appeal
   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.
Figure 2.2.3: Appeal Procedure
   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)
2.2.4.   Building Permit
   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.
Figure 2.2.4: Building Permit Procedure
   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)
2.2.5.   Certificate of Occupancy
   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.
Figure 2.2.5: Certificate of Occupancy Procedure
   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)
2.2.6.   Conditional Rezoning
   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.
Figure 2.2.6: Conditional Rezoning Procedure
   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)
2.2.7.   Construction Drawing
   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.
Figure 2.2.7: Construction Drawing Procedure
   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.
   C.   Exemptions. The following forms of development are exempted from construction drawing review, but shall require a plot plan and shall be subject to the standards in Section 2.2.4, Building Permit, or Section 2.2.24, Zoning Compliance Permit, as appropriate:
      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)
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