ORDINANCE/TEXT AMENDMENTS

Transcription

1

2 ORDINANCE/TEXT AMENDMENTS Each Amendment is denoted in this Ordinance by the Preceding Parentheses (01) Z Internet Café Adopted, May 3, 2010 (02) OA Article 14 Flood Damage Prevention - Adopted, March 5, 2013 (03) OA Solar Farms - Adopted, April 6, 2013 (04) OA Security Fences Solar Farms, Adopted, June 1, 2015 (05) OA Abandonment Solar Farms, Adopted, June 1, 2015 (06) OA Special Use Permits, Adopted, November 2, 2015 (07) OA Solar Farms, Adopted, November 2, 2015 (08) OA Landscaping Bond:, Adopted, November 2, 2015 (09) OA Voting, Adopted, July 11, 2016 (OA was found to be in violation of NC General Statutes) OA Action by the Board of Adjustment, Adopted July 11, 2016 (OA was found to be in violation of NC General Statutes) (10) OA Game Centers, Adopted March 5, 2018 OA Internet Café, Adopted March 5, 2018

3 Table of Contents Page ARTICLE 1 GENERAL PROVISIONS Title Authority Effective Date Applicability and Jurisdiction General Applicability Application to Government Units Bona-fide Farm Exemption Purpose and Intent General Rules of Interpretation Literal Interpretation Rules of Language and Construction Conflicting Provisions Conflict with State or Federal Regulations Conflict with Local Regulations Conflict with Private Agreements and Contracts Official Zoning Map Generally Incorporation by Reference Interpretation of District Boundaries Transitional Provisions Effect on Valid Building Permits and Vested Rights Other Approvals Granted Prior to the Effective Date Applications in Process Prior to Effective Date Violations Continue Severability ARTICLE 2 ADMINISTRATION General Administrative Bodies Organization Board of Commissioners Organization Powers and Duties Planning Board Authority and Establishment Membership Quorum Powers and Duties Voting Board of Adjustment

4 2.4.1 Authority and Establishment Membership Quorum Powers and Duties Voting Ordinance Administrator Appointment Powers and Duties Summary of Review and Approval Authority ARTICLE 3 REVIEW AND APPROVAL PROCEDURES Common Review Procedures Authority to File Application Application Content Fees Submission and Review Schedule Application Submission Determination of Completeness Final Approval by the Ordinance Administrator Preparation of Staff Report Public Hearings Public Notification Conditions of Approval Deferral of Application Changes to Application after Notice of Public Hearing Withdrawal of Application Notification of Decision to Applicant Lapse of Approval Examination of Application and Supporting Documents Standards, Procedures and Requirements for Development Applications Zoning Map Amendment Unified Development Ordinance Text Amendment Conditional Zoning District Classification Special Use Permit Variance Conceptual Site Plan Site Development Plan Subdivisions Land Development Permit Certificate of Compliance Floodplain Development Permit Watershed Protection Permit

5 High Density Development Permit Appeals of Administrative Decisions Establishment of Vested Rights ARTICLE 4 ENFORCEMENT Purpose Compliance Required Violations Violations Generally Specific Violation Responsible Persons Enforcement Generally Responsibility for Enforcement Complaints Regarding Violations Enforcement Procedures Remedies and Penalties Civil Penalty Stop Work Order Revocation of Permit Injunction Order of Abatement Equitable Remedy Criminal Penalties Execution of Court Decisions Deny or Withhold Permits Cumulative Penalties Continuing Violations ARTICLE 5 NONCONFORMITIES General Applicability Purpose and Scope Authority to Continue Determination of Nonconforming Status Minor Repairs and Maintenance Nonconforming Uses General Change of Use Expansion and Enlargement Discontinuance Accessory Uses Reestablishment after Casualty Damage Nonconforming Structures Continuation

6 5.3.2 Enlargement Relocation Reconstruction After Casualty Damage Nonconforming Lots of Record Status of Nonconforming Lots Development of Unimproved Lots Redevelopment of Improved Lots in Residential Districts after Casualty Government Acquisition of Land Alteration of Nonconforming Lots Nonconforming Signs Continuance Routine Repairs and Maintenance Replacement Required Casualty Damage Abandonment ARTICLE 6 ZONING DISTRICTS General Provisions Zoning Districts Established Relationships Between Zoning Districts Compliance with District Standards Base Zoning Districts Purpose and Intent Residential Zoning Districts Nonresidential Zoning Districts Conditional Zoning Districts Purpose and Intent Designation Allowed Uses Standards Parallel Conditional Zoning Districts Established Planned Unit Development District Overlay Districts Airport Overlay District (AO) ARTICLE 7 USE STANDARDS Table of Permitted Uses Explanation of the Structure of the Table of Permitted Uses Developments with Multiple Permitted Uses Accessory and Temporary Uses Interpretation of Unlisted Uses Permitted Uses Use Specific Standards

7 7.2.1 Animal Shelter Bed and Breakfast Inn Boarding / Rooming House Campground Child Care Center Dwelling, Duplex Dwelling, Manufactured Home Dwelling, Multi-family Dwelling, Townhouse Game Centers Group Care Facility Internet Café (01) Landfill, C&D, LCID and MSW Manufactured Home Park Manufactured Home Sales Mining/Extractive Industries Pet Boarding Services (Kennel) Sexually Oriented Business Shooting Range, Outdoor Solar Farm (03)(04)(05) Veterinarians Office / Animal Hospital Wireless Telecommunications Towers Accessory Uses and Structures Purpose General Standards and Limitations Specific Standards for Certain Accessory Uses Temporary Uses And Structures Purpose General Standards for Temporary Uses and Structures Specific Regulations for Certain Temporary Uses and Structures ARTICLE 8 GENERAL DEVELOPMENT STANDARDS General Lot Requirements Compliance with this Ordinance Required Preexisting Lots Reduction Prohibited Direct Access Required Setback Determination on Irregular Lots Allowable Yard Encroachments for Residential Use Height Limitation Exceptions Dimensional Standards Purpose

8 8.2.2 Dimensional Standards Tables Accessory Structures Location of Accessory Structures Maximum Height Maximum Size Maximum Number of Accessory Structures Access Management Limitations on the Number of Access Points Minimum Driveway Separation Minimum Driveway Distance from Intersections Cross Access Requirements Site Distance Standards for Driveways Clear Sight Distance Required Required Sight Distances Measurement of Sight Triangles Fences and Walls Applicability General Requirements for Fences and Walls Height Requirements for Fences and Walls Perimeter Fences and Walls Abutting Public Rights-of-Way Visibility Clearance Appearance of Fences and Walls Screening Items to be Screened Screening Methods Outdoor Lighting Purpose Applicability Exemptions Design Standards for Exterior Lighting Wall-mounted Lights Floodlights and Spotlights Illumination of Outdoor Sports Fields and Performance Areas Sign Lighting ARTICLE 9 LANDSCAPING AND BUFFERING STANDARDS General Standards For Landscaping And Buffering Purpose and Intent General Standards Planting Yards Landscaping and Buffer Yard Design Standards Overhead Power Lines

9 9.2.2 Site Triangles Size Standards Ground Cover Standards Selection Of Plant Materials Maintenance Of Landscaping Buffer Yards Purpose Buffer Yard Types Buffer Yard Matrix Exemptions Standards For Buffer Yard Development Building Yards Purpose Applicability Measurement Yard Types Building Yard Matrix Parking Lot Yards Purpose Applicability Design Criteria Street Yards Purpose Applicability Measurement Yard Type Street Yard Matrix ARTICLE 10 OFF STREET PARKING STANDARDS Purpose Applicability General Requirements for Off-Street Parking, Loading and Stacking Areas Use of Parking Area, Stacking Area or Loading Space Identification and Marking of Parking Spaces Required Arrangement Curbs and Vehicle Stops Maintenance Responsibility for Provision Construction of Off-Street Parking and Loading Areas Off-Street Parking Standards Minimum Number of Spaces Required Maximum Number of Spaces Permitted

10 Minimum Separation Dimensional Standards for Parking Spaces and Drive Aisles Accessible Parking for Disabled Persons Loading Area Standards Minimum Number of Spaces Required Design Standards Stacking Space Standards Minimum Number of Spaces Required Dimensional Standards Pedestrian Circulation in Parking Lots Minimum Pedestrian Circulation Standards Additional Requirements for Large Parking Lots ARTICLE 11 SIGN REGULATIONS Purpose and Intent Applicability Exempt Signs Commercial Signs Motor Vehicle Service Related Signs Public Interest Signs Political Campaign Signs Produce Stand Signs Real Estate Signs Regulatory and Informational Signs Temporary Signs Window Signs Yard Sale Signs Prohibited Signs Signs Interfering with Traffic Safety Signs Misconstrued as Regulatory Signs Within the Right-of-Way Signs Blocking Existing Signs Flashing Signs Signs on Stakes Portable Signs Moving or Rotating Signs Roof Signs Off-premise Commercial Signs Inflatable Signs General Sign Provisions General Standards Computation of Sign Area

11 Authority to Remove Signs from Right-of-Way Signs Permitted with a Land Development Permit Permitted Signs by Base Zoning District Additional Sign Standards Billboard Regulations Restrictions on Location Minimum Separation Standards Maximum Sign Area Maximum Height Sign Face Dimensional Standards Minimum Sign Setback Other Standards ARTICLE 12 SUBDIVISION STANDARDS General Design Off-Site Connections Land Suitability Placement of Monuments Sites for Public Use Property Owners Associations Lot Design Standards Conformance with Other Regulations Minimum Building Area Side Lot Line Configuration Lot Lines and Drainage Access Lots on Thoroughfares Flag Lots Blocks Design Length Width Streets Private Streets Prohibited Dedication of Right-of-Way Conformance with Thoroughfare Plans and Collector Street Plans Conformance with Adjoining Street Systems Internal Street Network Connectivity Access to Adjoining Property Minimum Number of Access Points to External Street Network Reserve Strips

12 Street Design Criteria Street Intersections Streets Crossing Natural Areas Spacing Between Intersections Cul-de-sac Streets Grades at Intersections Temporary Turnarounds Street Names Street and Traffic Control Signs Utilities Water and Sewer Extension Requirements Onsite Wastewater Disposal Public Water and Sewer Construction Requirements Underground Utilities Utility Easements Drainage Easements Fire Protection Equipment Cluster Subdivision Provisions Purpose Minimum Area for a Cluster Subdivision Minimum Open Space Dedication Maximum Number of Lots Minimum Lot Area Minimum Lot Frontage and Building Setbacks Peripheral Lot Standards Open Space Standards Access to Open Space Phased Developments ARTICLE 13 WATERSHED MANAGEMENT AND PROTECTION General Purpose Authority Scope Permit Required Development Regulations Establishment of Watershed Areas Regulations for Specific Watersheds High Density Development Buffer Requirements Cluster Development ARTICLE 14 WILSON COUNTY FLOOD DAMAGE PREVENTION ORDINANCE (02)

13 14.1 Statutory Authorization Findings of Fact Statement of Purpose Objectives General Provisions Applicability Basis for Establishing the Special Flood Hazard Areas Establishment of Floodplain Development Permit Warning and Disclaimer of Liability Compliance Abrogation and Greater Restrictions Interpretation Penalties for Violations Floodplain Development Application Permit Requirements Certification Requirements Determination for Existing Buildings and Structures Designation of Floodplain Administration Duties and Responsibilities of The Flood Plain Administration Corrective Procedure Variance Procedures Provisions for Flood Hazard Reduction General Standards Specific Standards Standards For Floodplains Without Established Base Flood Elevations Standards For Riverine Floodplain with Base Flood Elevations But without Established Floodways or Non-Encroachment Areas Floodways And Non-Encroachment Areas Standards For Areas Of Shallow Flooding (Zone AO) DEFINITIONS LEGAL STATUS PROVISIONS Effect on Rights and Liabilities Under the Existing Flood Damage Prevention Ordinance Effect Upon Outstanding Floodplain Development Permits Severability APPENDIX A DEFINITIONS... A-1 APPENDIX B SUBDIVISION PLAT CONTENT STANDARDS... B-1 APPENDIX C REQUIRED CERTIFICATES... C-1

14 ARTICLE 1 GENERAL PROVISIONS 1.1 Title This document shall officially be known as the Unified Development Ordinance of Wilson County, North Carolina and may be referred to throughout the document as the UDO or the Ordinance. 1.2 Authority This Ordinance consolidates the County s land use regulatory authority as authorized by the North Carolina General Statutes, and is adopted pursuant to the authority granted to Wilson County by Chapter 153A, Article 18, of the North Carolina General Statutes and any special legislation enacted for the County by the North Carolina General Assembly. 1.3 Effective Date This Ordinance shall become effective on January 1, Applicability and Jurisdiction General Applicability The provisions of this Ordinance shall apply to the use and development of all land within the unincorporated area of Wilson County, North Carolina unless such use or development is expressly exempted by a specific Section or Subsection of this Ordinance Application to Government Units Except as stated herein, the provisions of this Ordinance shall apply to: (A) The development and use of land owned by the County. (B) The development and use of land owned by public colleges and universities. (C) The development and use of buildings owned by the State of North Carolina and its political subdivisions. (D) To the extent permitted by law, the development and use of land owned or held in tenancy by the government of the United States Bona-fide Farm Exemption The provisions of this Ordinance do not apply to bona fide farms, as defined by the North Carolina General Statutes, except for those parts of farm property which are used for nonfarm purposes. 1-1

15 1.5 Purpose and Intent The purpose of this Ordinance is to protect the health, safety, and general welfare of the citizens of Wilson County. The intent of this Ordinance is more specifically to: Implement the land use goals and objectives of the Wilson County 2025 Comprehensive Plan and ensure consistency with other adopted plans which affect the County Enhance and complement the County s Voluntary Agricultural District program s goals of ensuring the viability of agricultural uses by protecting them from encroachment by incompatible land uses Encourage environmentally responsible development practices Maintain economically vibrant and attractive commercial areas Protect the character and quality of established residential neighborhoods Promote economic development and expand the range of employment opportunities for the citizens of Wilson County Protect life and property from harm by regulating development in areas where natural hazards exist Provide for a wide range of housing opportunities for the citizens of Wilson County Ensure that adequate infrastructure is constructed to support future development Guide the timing and location of more intensive residential and commercial development in accordance with the policies of the Wilson County 2025 Comprehensive Plan Coordinate land use and development decisions with transportation improvements to reduce congestion and ensure the safety of the roads in Wilson County. 1.6 General Rules of Interpretation Literal Interpretation The language of this Ordinance must be read and interpreted literally. Regulations contained within this Ordinance are no more or less strict than stated Rules of Language and Construction For the purposes of interpreting the general language and sentence construction of this Ordinance, the following rules of construction apply unless the context clearly indicates otherwise: (A) Meaning of Words 1-2

16 Words listed in Article 15, Definitions, have the specific meaning assigned, unless the context expressly indicates another meaning. Words that are not defined are given their common meaning. (B) Tense Words used in the present tense include the future tense. The reverse is also true. (C) Singular and Plural Words used in the singular include the plural. The reverse is also true. (D) Mandatory Terms (E) Gender (F) Days The words shall, will, must and may not are mandatory or compulsory in nature, implying an obligation or duty to comply with the particular provision. Words used in the male gender include the female gender. The reverse is also true. Any reference to days means calendar days unless otherwise specified. (G) Reference Any reference to an Article, Section or Paragraph means an Article, Section or Paragraph of this Ordinance, unless otherwise specified. (H) Tables, Figures and Illustrations Tables, figures and illustrations are provided for reference only and do not define or limit the scope of any provision of this Ordinance. In case of any difference of meaning or implication between the text of this Ordinance and any table, figure or illustration, the text shall govern. (I) Current Versions and Citations All references to other County, State or Federal regulations in this Ordinance are intended to be references to the most current versions and citations, unless otherwise expressly indicated. When referenced regulations have been repealed and not replaced by other regulations, requirements for compliance are no longer in effect. (J) Lists and Examples 1-3

17 Unless otherwise expressly indicated, lists of items or examples that use including, such as or similar terms are intended to provide examples only. They are not to be construed as exhaustive lists of all possibilities. 1.7 Conflicting Provisions (K) Delegation of Authority Whenever a provision appears requiring a specific officer or employee of the County to perform an act or duty, that provision will be construed as authorizing the officer or employee to delegate that responsibility to others over whom he has authority. Delegation of authority is not allowed when the provisions of this Ordinance or other laws or regulations expressly prohibit such delegation. (L) Calculations and Rounding Unless otherwise specified within this Ordinance, all calculations that result in a part or fraction of a whole number must be rounded up to the next highest whole number Conflict with State or Federal Regulations If any provisions of this Ordinance are inconsistent with those of the State or Federal government, the more restrictive provisions shall govern unless the State or Federal regulation is intended to preempt the local regulation. The more restrictive provision is the one that imposes greater restrictions or more stringent controls. Regardless of any other provision of this Ordinance, no land may be developed or used, and no structure may be erected or maintained in violation of any State or Federal regulation Conflict with Local Regulations If the provisions of this Ordinance are inconsistent with one another, or if they conflict with provisions found in other adopted ordinances or regulations of the County, the more restrictive provision governs. The more restrictive provision is the one that imposes greater restrictions or more stringent controls Conflict with Private Agreements and Contracts 1.8 Official Zoning Map Generally This Ordinance is not intended to repeal, abrogate, annul, impair or interfere with any existing easements, covenants, deed restrictions, agreements or permits previously adopted or issued pursuant to law. The County has no responsibility for monitoring or enforcing private agreements or contracts. 1-4

18 The Official Zoning Map designates the location and boundaries of the zoning districts established by this Ordinance. The Official Zoning Map shall be kept on file with the County Clerk, and is available for public inspection during normal business hours. The original official version of the map shall be certified by the County Clerk, and shall bear the seal of the County. It shall be the final authority as to the status of the current zoning district classification of land within the County s jurisdiction, and shall only be amended in accordance with the provisions of this Ordinance Incorporation by Reference The Official Zoning Map is hereby incorporated by reference and made part of this Ordinance Interpretation of District Boundaries 1.9 Transitional Provisions (A) A boundary shown on the map as approximately following the centerline of a street, highway or alley is construed as following such centerline. (B) A boundary shown on the map as approximately following a parcel boundary is construed as following the parcel boundary as it actually existed at the time the zoning boundary was established. (C) A boundary shown on the map as approximately following a river, stream, lake or other watercourse is construed as following the actual centerline of the watercourse. (D) A boundary shown on the map as approximately following a political, administrative or other jurisdictional boundary is construed as following that boundary. (E) A boundary shown on the map as approximately parallel to, or as an extension of, a feature described above is construed as being actually parallel to, or an extension of, the feature Effect on Valid Building Permits and Vested Rights Unless the property owner consents, this Ordinance does not apply to the completion of the development of buildings or uses for which either: (A) Building permits have been issued pursuant to NCGS 153A-357 prior to January 1,2010, so long as the permits remain valid and unexpired pursuant to NCGS 153A-358 and unrevoked pursuant to NCGS 153A-362; or (B) A vested right has been established pursuant to NCGS 153A and such right remains valid and unexpired pursuant to NCGS 153A Other Approvals Granted Prior to the Effective Date 1-5

19 Variances, special use permits, subdivision plats, site plans and other similar development approvals that are valid on December 31, 2009 will remain valid until their expiration date if applicable. Development may be completed in accordance with such approvals even if such building, development or structure does not fully comply with the provisions of this Ordinance. If development is not commenced and diligently pursued in the time allowed under the original approval or any extension granted, then the building, development or structure must meet the standards of this Ordinance in effect at the time of any re-application Applications in Process Prior to Effective Date Applications for building permits, variances, special use permits, subdivision plats, site plan approvals and other similar development approvals that were submitted in complete form and are pending approval on January 1, 2010 must be reviewed wholly under the terms of the Ordinance in effect on December 31, Any reapplication for an expired approval must meet the standards of this Ordinance in effect at the time of re-application Violations Continue 1.10 Severability Violations of the previous Ordinance which are in violation of this Ordinance will continue to be a violation and will be subject to penalties and enforcement action under Article 4, Enforcement. The adoption of this Ordinance does not affect nor prevent any pending or future action to abate violations of previous Ordinances. Should any Article, Section, clause, phrase or word of this Ordinance be held invalid or unconstitutional by a court of competent jurisdiction of either the State of North Carolina or the United States, such decision does not affect, impair or invalidate the validity of the remaining parts of this Ordinance which can be given effect without the invalid provision. 1-6

20 ARTICLE 2 ADMINISTRATION 2.1 General Administrative Bodies The following elected and appointed bodies and County staff members shall have powers and responsibilities in administering this Ordinance and for reviewing and making decisions on applications for development approval, appeals and amendments to the Ordinance: (A) Board of Commissioners (B) Planning Board (C) Board of Adjustment (D) Ordinance Administrator Organization With the exception of the Board of Commissioners, each of the Boards provided for by this Ordinance must adopt rules and maintain records in conformance with the following: (A) Rules of Conduct A Board must adopt rules necessary to conduct its affairs and to establish Board organization, procedures and the conduct of its meetings. (B) Conformance of Rules The rules adopted by a Board must be in accordance with State law and the provisions of this Ordinance. (C) Election and Terms of Officers Each Board shall elect a Chairman and Vice Chairman from its membership. These officers shall serve for a term of one year, or until the expiration of the term of their appointment to the Board on which they serve. (D) Record of Meetings Each Board must keep accurate minutes of its proceedings and the actions taken in its meetings. When holding quasi-judicial hearings, the Board of Commissioners and the Board of Adjustment shall keep a full transcript of the meeting and maintain a record of all evidence presented in the course of the hearing. 2-1

21 (E) Temporary Disqualification 2.2 Board of Commissioners Organization (1) A member of the Board of Commissioners shall not vote on any Zoning Map or Unified Development Ordinance amendment where the outcome of the matter being considered is reasonably likely to have a direct, substantial, and readily identifiable financial impact on the member. (NCGS 153A-340(g)) (2) Members of appointed boards providing advice to the Board of Commissioners shall not vote on recommendations regarding any Zoning Map or Unified Development Ordinance amendment where the outcome of the matter being considered is reasonably likely to have a direct, substantial, and readily identifiable financial impact on the member. (NCGS 153A-340(g)) (3) A member of the Board of Adjustment or any other body exercising the functions of a Board of Adjustment shall not participate in or vote on any quasi-judicial matter in a manner that would violate affected persons' constitutional rights to an impartial decision maker. Impermissible conflicts include, but are not limited to, a member having a fixed opinion prior to hearing the matter that is not susceptible to change, undisclosed ex parte communications, a close familial, business, or other associational relationship with an affected person, or a financial interest in the outcome of the matter. If an objection is raised to a member's participation and that member does not recuse himself or herself, the remaining members shall by majority vote rule on the objection. (NCGS 153A-345(e1)) Unless specifically modified in this Ordinance, the Board of Commissioners must conform to the rules and procedures that it utilizes during the conduct of its regular business Powers and Duties In the application and enforcement of this Ordinance, the Board of Commissioners has the following powers and duties: (A) Final Approval Authority The Board of Commissioners is the approving authority for the following: (1) Zoning Map Amendments (3.2.1) 2-2

22 (2) Unified Development Ordinance Text Amendments (3.2.2) (3) Conditional Zoning District Classifications (3.2.3) (4) Preliminary Plat Major Subdivision (3.2.8(E)) (5) Establishment of Vested Rights (3.2.15) 2.3 Planning Board Authority and Establishment The Wilson County Planning Board is hereby established pursuant to the authority of NCGS 153A Membership Quorum The Planning Board shall consist of ten (10) members appointed by the Wilson County Board of Commissioners. Six (6) or more members of the Planning Board shall constitute a quorum Powers and Duties In the application and enforcement of this Ordinance, the Planning Board has the following powers and duties: (A) Review and Recommendation The Planning Board has review and recommendation responsibility for the following: (1) Zoning Map Amendments (3.2.1) (2) Unified Development Ordinance Text Amendments (3.2.2) (3) Conditional Zoning District Classifications (3.2.3) (4) Preliminary Plat Major Subdivision (3.2.8(E)) (5) Establishment of Vested Rights (3.2.15) (B) Final Approval Authority The Planning Board is the approving authority for the following: 2-3

23 (1) Final Plat Major Subdivision (3.2.8(F)) (2) High Density Development Permit (3.2.13) Voting (A) Required Vote for Recommendation of Approval The concurring affirmative vote of a majority of the members present and qualified to vote is required to make a recommendation or any other decision in favor of an applicant. Tie votes must be considered recommendations for disapproval. (B) Vote of the Chairman The Chairman of the Planning Board, or Vice Chairman serving in that role in his absence or temporary disqualification, shall vote as any other member of the Board. 2.4 Board of Adjustment Authority and Establishment The Wilson County Board of Adjustment is hereby established pursuant to the authority of NCGS 153A Membership Quorum The Board of Adjustment shall consist of five (5) regular members and two (2) alternate members appointed by the Wilson County Board of Commissioners. Three (3) or more members of the Board of Adjustment shall constitute a quorum Powers and Duties In the application and enforcement of this Ordinance, the Board of Adjustment has the following powers and duties: (A) Final Approval Authority The Board of Adjustment is the final approval authority for the following: (1) Variances (3.2.5) (2) Watershed Variances (3.2.5(M)) (3) Floodplain Variances (3.2.5(N)) 2-4

24 2.4.5 Voting (09) (B) Appeals (4) Special Use Permits (3.2.4) The Board of Adjustment shall hear and decide on the following appeals: (1) Appeals of denials of Site Development Plan approval (3.2.7) (2) Appeals of denials of Minor Subdivision approval (3.2.8(G)) (3) Appeals of denials of Land Development Permit approval (3.2.9) (4) Appeals of denials of Floodplain Development Permit approval (3.2.11) (5) Appeals of denials of Watershed Protection Permit approval (3.2.12) (6) Appeals of administrative decisions (3.2.14) The concurring vote of four-fifths (4/5) of the members of the Board shall be necessary to grant a Variance from the provisions of the Ordinance. A simple majority vote by the Board of Adjustment is required to reverse any order, requirement, decision, or determination of any administrative official charged with the enforcement of this Ordinance, or to decide in favor of the applicant any matter upon which it is required to pass under this Ordinance. For the purposes of this Section, vacant position on the Board and members who are disqualified from voting on a quasi-judicial matter shall not be considered members of the board for calculation of the requisite supermajority if there are no qualified alternates available to take the place of such members. (NCGS 1053-A-345(e) 2.5 Ordinance Administrator Appointment The Board of Commissioners shall appoint an Ordinance Administrator who shall be charged with administering and enforcing the provisions of this Ordinance. The Ordinance Administrator may delegate any authority or duties prescribed to him in order to ensure the efficient administration of the Ordinance Powers and Duties In the application and enforcement of this Ordinance, the Ordinance Administrator has the following powers and duties: (A) Review and Recommendation 2-5

25 The Ordinance Administrator has review and recommendation responsibility for the following: (1) Zoning Map Amendments (3.2.1) (2) Unified Development Ordinance Text Amendments (3.2.2) (3) Conditional Zoning District Classifications (3.2.3) (4) Conceptual Site Plan - Conditional Zoning District Classification (3.2.6(C)(2)) (5) Conceptual Site Plan Special Use Permit (3.2.6(C)(2)) (6) Subdivision Sketch Plats (3.2.8(D)) (7) Major Subdivision Preliminary Plats (3.2.8(E)) (8) Major Subdivision Final Plats (3.2.8(F)) (9) High Density Development Permits (3.2.13) (10) Establishment of Vested Rights (3.2.15) (B) Final Approval The Ordinance Administrator has final approval authority for the following: (1) Site Development Plans (3.2.7) (2) Minor Subdivision Plats (3.2.8(G)) (3) Land Development Permits (3.2.9) (4) Certificates of Compliance (3.2.10) (5) Floodplain Development Permits (3.2.11) (6) Watershed Protection Permits (3.2.12) (C) Additional Duties (1) Establish application content requirements and a submission schedule for review of applications and appeals. (2) Maintain the Official Zoning Map and related materials (3) Enforce the regulations contained within this Ordinance. 2-6

26 (4) Maintain the official copy of the Unified Development Ordinance and ensure that it is updated upon the approval of a text amendment. (5) Maintain a record of all permits and approvals. In carrying out any of the duties specified by Subsections (A) and (B) above, the Ordinance Administrator may convene a Technical Review Committee (TRC) composed of representatives of agencies with expertise on, or regulatory authority over, an aspect of the development proposal. The composition of the TRC shall be at the discretion of the Ordinance Administrator, and may either be a standing or ad hoc committee based upon the scope or type of review. The TRC shall provide advice and technical information to the Ordinance Administrator regarding development proposals in order to ensure a full and coordinated review of development proposals. 2.6 Summary of Review and Approval Authority The table on the following page summarizes review and approval authority under this Ordinance. APPLICATION TYPE Unified Development Ordinance Text Amendment Zoning Map Amendment Conditional Zoning Classification Table 2-1: Summary of Review and Approval Authority ORDINANCE ADMINISTRATOR REVIEWING / DECISION-MAKING BODY PLANNING BOARD BOARD OF ADJUSTMENT BOARD OF COMMISSIONERS R R D R R D R R D Major Subdivision Preliminary Plat R R D Major Subdivision Final Plat R D Minor Subdivision D A Variance Watershed Variance Floodplain Variance Special Use Permit D D D D Land Development Permit D A High Density Development Permit R D Site Development Plan Sketch Plan Major Subdivision Conceptual Site Plan Site Development Plan D R R A 2-7

27 Conceptual Site Plan Conditional Zoning Class. R Conceptual Site Plan Special Use Permit R Watershed Protection Permit D A Floodplain Development Permit D A Administrative Appeal D Establishment of Vested Rights R R D R Review / Recommendation D Decision A Hears Appeal of Decision 2-8

28 ARTICLE 3 REVIEW AND APPROVAL PROCEDURES 3.1 Common Review Procedures Authority to File Application Applications for development approval submitted under this Ordinance in accordance with Section 3.1.5, Application Submission, shall be submitted by the landowner or a person acting on the behalf of the landowner with their authorization and consent Application Content Fees The Ordinance Administrator shall establish the requirements for the general form and content of applications required by this Ordinance. These shall be in addition to any specific application content requirements established by the Ordinance. The Board of Commissioners shall establish, and may modify from time to time, a schedule of fees that must be paid in full prior to the review of any submitted application Submission and Review Schedule The Ordinance Administrator shall establish a submission and review schedule (including time frames for review) for development applications. This schedule may be amended and updated as determined necessary Application Submission All applications shall be submitted to the Ordinance Administrator on such forms and in such numbers as have been established for that type of development application. Applications which do not meet the requirements of Section 3.1.6, Determination of Completeness, shall be considered incomplete, and their review deferred until such time that all requirements of that Section have been fulfilled Determination of Completeness (A) Review for Completeness Upon the receipt of an application, the Ordinance Administrator shall review the application for completeness. A complete application is one that: (1) Contains all information and materials established by the Ordinance Administrator, or set forth elsewhere in the Ordinance, for the particular type of development application; (2) Is in the form established by the Ordinance Administrator for the particular type of development application; 3-1

29 (3) Includes information in sufficient detail to evaluate the application to determine whether it complies with the appropriate standards of this Ordinance; an (4) Is accompanied by the fee established for the particular type of application. (B) Incomplete Applications If the application is determined to be incomplete, the Ordinance Administrator shall notify the applicant of the deficiencies within ten (10) business days following submittal. Following notification, the applicant may correct the deficiencies and resubmit the application for review Final Approval by the Ordinance Administrator When an application that is subject to final approval by the Ordinance Administrator is submitted and determined to be complete, he shall review the application and approve or deny it based on the standards set forth in the Ordinance. Following his approval or denial of the application, the Ordinance Administrator shall notify the applicant of his decision within the time period set forth in the submission and review schedule Preparation of Staff Report When an application which will be considered by a reviewing or decision-making body is submitted and determined to be complete, the Ordinance Administrator shall review the application and prepare a written staff report. (A) The staff report shall be addressed to the reviewing or decision-making body as appropriate, and shall state whether the application complies with all appropriate standards of this Ordinance and all other applicable policy documents. (B) The Ordinance Administrator may include a recommendation for approval or denial of the application in the staff report. Proposed conditions of approval may also be included in the report if the Ordinance Administrator determines that such conditions may be necessary to mitigate any potentially adverse impacts of the proposed development Public Hearings The Ordinance Administrator shall be responsible for scheduling public hearings for all applications for which one is required. The hearing may be scheduled for either a regular meeting or a special called meeting of the decision-making body which is responsible for holding the hearing. Hearings shall be scheduled in a manner that will allow sufficient time for public notice to be given in accordance with statutory requirements. Requirements for public hearings are outlined in Table Public Notification 3-2

30 (A) Content All public notices required under this Ordinance shall comply with NCGS 153A- 323 and 153A-343. Additionally, all notices, except for posted notices shall: (1) Identify the date, time and location of the meeting or public hearing; (2) Identify the property involved by the street address (if applicable) or by the legal description and/or parcel identification number (PIN); (3) Describe the nature and scope of the proposed action; (4) Indicate that interested parties may appear at public hearings and speak on the matter; and (5) Indicate how additional information on the matter can be obtained. (B) When the provisions of this Ordinance require that notice of a public hearing or meeting be published pursuant to NCGS 153A-323, the Ordinance Administrator shall publish a notice of the meeting or public hearing once a week for two successive weeks in a newspaper having general circulation in the County. The first notice shall be published not less than ten (10) days nor more than twenty-five (25) days prior to the date fixed for the hearing or meeting. In computing such period, the day of publication is not included but the day of the hearing or meeting shall be included. APPLICATION TYPE Unified Development Ordinance Text Amendment Zoning Map Amendment Conditional Zoning District Classification Special Use Permit Variance Watershed Variance Floodplain Variance Appeal of Administrative Decision Establishment of Vested Rights Table 3-1: Public Hearing Requirements BOARD OF COMMISSIONERS DECISION-MAKING BODY BOARD OF ADJUSTMENT (C) Mailed Notice (1) When the provisions of this Ordinance require that mailed notice be provided pursuant to NCGS 153A-343, the Ordinance Administrator shall 3-3

31 prepare a notice of the public hearing or meeting and deliver the notice via first class mail to the following persons: (i) The applicant; (ii) Listed property owner(s) directly affected by the proposed action if the applicant is not the owner; and (iii) Listed owners of adjacent property. (2) Mailed notices shall be deposited in the mail no fewer than ten (10) days and no more than twenty-five (25) days prior to the date of the public hearing or meeting. (3) The Ordinance Administrator shall certify to the Board of Commissioners that the required mailed notice procedures have been followed. This certification shall be conclusive evidence that the terms of this Subsection have been met as set forth in NCGS 153A-343(a). (4) Mailed notice shall not be required when an application to amend the Official Zoning Map includes more than fifty (50) different lots or tracts, owned by at least fifty (50) different landowners, provided that the County publishes a notice (occupying at least one-half of a newspaper page) in a newspaper of general circulation once a week for two consecutive weeks, beginning at least ten (10) but not more than twenty-five (25) days prior to the public hearing date. Affected landowners residing outside of the County s jurisdiction or the newspaper s circulation area shall be notified via first class mail in accordance with the procedures set forth in Subsections (1) and (2) above. (NCGS 153A-343(b)) (D) Posted Notice (1) When the provisions of this Ordinance require that notice be posted pursuant to NCGS 153A-343(d), the Ordinance Administrator shall post the notice on the subject property at least ten (10) days prior to the first public hearing or meeting. When multiple parcels are included within a proposed zoning map amendment, a posting on each individual parcel is not required, but the County shall post sufficient notices to provide reasonable notice to interested persons. In computing such period, the day of the posting shall not be counted, but the day of the hearing shall be counted. Posted notices shall remain in place until such time that the approving authority has rendered its final decision on the matter. (2) If no part of the subject property is visible from a public right-of-way the notice shall be posted along the nearest street in the public right-of-way in such a manner as to ensure consistency with the intent of this Subsection. (E) Constructive Notice 3-4

32 (1) Minor defects in any notice shall not impair the notice or invalidate proceedings pursuant to the notice if a bona fide attempt has been made to comply with the applicable notice requirements. Minor defects in notices may include, but are not limited to: (i) Errors in legal descriptions; or (ii) Typographical or grammatical errors that do not impede the communication of the notice to the affected parties. (2) Failure of an affected party to receive written notice shall not invalidate subsequent action. In all cases, however, the requirements for the timing of the notice and for specifying the time, date and place of a public hearing or meeting and the location of the subject property(ies) shall be strictly adhered to. (3) If question arises at the hearing or meeting regarding the adequacy of the notice, the reviewing or decision-making body shall direct the Ordinance Administrator to make a formal finding as to whether there was substantial compliance with the notice requirements of this Ordinance, and such findings shall be made available to the reviewing or decision-making body prior to further action being taken on the request. (F) Summary of Notification Requirements The following table summarizes the public notice requirements for development applications. Table 3-2: Summary of Notification Requirements NOTICE TYPE APPLICATION TYPE Unified Development Ordinance Text Amendment PUBLISHED NOTICE MAILED NOTICE POSTED NOTICE Zoning Map Amendment Conditional Zoning District Classification Special Use Permit Variance Watershed Variance Floodplain Variance Appeal of Administrative Decision Establishment of Vested Rights Conditions of Approval (A) General 3-5