ARTICLE IV.
LAND DEVELOPMENT PROCEDURES AND AMENDMENT PROCEDURES

Summary:  Any development within the land development jurisdiction of the Town of Waynesville may require one or more permits or approvals in order to ensure that the development is consistent with the goals and purposes of this chapter and with the public health, safety and general welfare.  This article describes the various processes involved in the administration of the Town of Waynesville's Land Development Standards.   While the various procedures are set forth separately in this article, the town intends to accommodate, where possible, the simultaneous processing of applications for different permits and approvals which may be required for the same project, in order to make the review process as short as possible.   Agencies other than the Town of Waynesville may have separate procedures that must be followed in order to obtain approval for issues related to land development.  These agencies must be contacted to obtain information regarding the proper procedure for approval of plans or construction.

TABLE OF CONTENTS

154.080    Certificate of Land Development Standards Compliance
154.081    Subdivision Review and Approval
154.082    Permitted Uses with Special Requirements
154.083    Conditional Uses
154.084    Variances
154.085    Appeals of Administrative Decisions
154.086    Certificate of Appropriateness
154.087    Floodplain Development Permit
154.088    Erosion and Sedimentation Control Plans
154.089    Stormwater Permits
154.090    Temporary Use Permits
154.091    Certificate of Occupancy
154.092    Zoning Vested Rights Approval
154.093    Amendments
154.094    Designation of Historic Landmarks
154.095-099    Reserved

154.080 CERTIFICATE OF LAND DEVELOPMENT STANDARDS COMPLIANCE.

(A) Purpose.
•  A certificate of land development standards compliance shall be required for the construction or development of any new use within the land development jurisdiction of the Town of Waynesville. 
•  In addition to new uses, a certificate of land development standards compliance shall be required for expansions of existing uses, as well as for changes of use.

(B) Pre-Application Procedure.
•  No pre-application conference is required prior to applying for a certificate of land development standards compliance.
•  Applicants are encouraged to call or visit the Waynesville Planning Department prior to requesting a certificate of land development standards compliance to determine what information is required for the application.

(C) Plan Submittal.

(1) Filing of Application.
•  An application of a certificate of land development standards compliance may be filed by the owner of the property or by an agent, specifically authorized by the owner to file such application. 
•  The application shall be filed with the Waynesville Planning Department on a form provided by the department.

 (2)  Fees.
•  An application fee, as established by the Waynesville Board of Aldermen, shall be due and payable when the application is submitted.

 (3) Information Required.
•  Each application for a certificate of land development standards compliance shall contain the information required on the form. 
•  Other information necessary to show that the use or structure complies with the standards set forth in this chapter shall also be provided.

(D) Staff Review.
•  Once an application containing all needed elements is submitted, the planning department shall review the application and approve or deny it based on compliance with the land development standards contained in this chapter. 
•  All appropriate town staff shall review the application to assure compliance with applicable regulations and requirements. 

(E) Public Notification.
•  No public notification is required for applications for certificates of land development standards compliance.

(F) Formal Review.
•  No formal review of requests for certificates of land development standards compliance is required.

(G) Variances.
•  Requests for variances from the requirements set forth in this chapter shall be heard by the board of adjustment under the procedures established in Sec. 154.084 unless otherwise provided

(H) Appeals.
•  Appeals of the decisions of the planning department shall be heard by the board of adjustment under the procedures established in 154.085 unless otherwise provided.

(I) Permit Validity.
•  Upon the approval of the certificate of land development standards compliance, the applicant shall have six (6) months to obtain a building permit.  Failure to commence building permits within this time shall render the certificate of zoning standards compliance void. 
•  The planning department may grant a single extension of this time period of up to six (6) months upon submittal by the applicant of sufficient justification for the extension. 
•  Upon issuance of a building permit, the certificate of land development standards compliance shall remain valid as long as a valid building permit exists for the project.
•  Any change to the approved plans that has not been authorized by the appropriate town authority shall invalidate the certificate of land development standards compliance.

154.081 SUBDIVISION REVIEW AND APPROVAL.
 
(A) Purpose.
•  Pursuant to the authority provided by the North Carolina General Statutes at Chapter 160A, no subdivision of land within the land development jurisdiction of Waynesville shall be recorded without review and approval in accordance with this section.
•  These review procedures are designed to ensure that the purposes of the various regulations set forth in this chapter are carried out and that the objectives and policies of the land development plan for the town are implemented. 
•  There are two types of subdivision review processes: minor subdivision review and major subdivision review.  The type of process to be applied to a particular development application depends on the nature of the development proposed. 

(B) Major Subdivision Review.

(1) Purpose.
•  The major subdivision review process is required for those subdivisions of land involving six (6) or more lots or which involve the dedication of public streets or utilities. 
•  Review of an recommendation on the preliminary plat by the community appearance commission is required under the major subdivision review process.
•  Review and approval of the preliminary plat by the planning board is required under the major subdivision review process, with review and approval of the final plat by planning staff.

(2) Pre-application Conference.
•  It is required that every applicant for a major subdivision meet with the planning department in a conference prior to the submittal of a subdivision preliminary plat.   The purpose of this conference is to provide clarification and assistance in the preparation and submission of plats for approval.
•  It is recommended that the applicant provide a sketch plan of the subdivision to the planning staff prior to or at the pre-application conference.  The provision of a sketch plan will allow the planning department an opportunity to review the proposal before the applicant expends funds on the preparation of a detailed preliminary plat.
•  It is highly recommended that the developer meet with representatives of the neighborhood in which the proposed project is located prior to submittal of a preliminary plat for a major subdivision.  This meeting will allow the developer to explain the proposed project and to be informed of the concerns of the neighborhood.

(3) Preliminary Plat Submittal and Review.

(a) Plan Submittal.

1. Filing of Application.
•  Preliminary plats are required for all major subdivisions.  Preliminary plats (in the number required by the planning department) and a complete application packet for a major subdivision may be filed by the owner of the property or by an agent, specifically authorized by the owner to file such application.
•  The application shall be filed with the Waynesville Planning Department on a form provided by the department and in accordance with the schedule set by the department for major subdivision review.   

2. Fees.
•  An application fee, as established by the Waynesville Board of Aldermen, shall be due and payable when the application is submitted.

3. Information Required. 
•  Preliminary plats for a proposed major subdivision shall be prepared by a registered land surveyor, licensed landscape architect or licensed engineer.
•  Preliminary plats for a proposed major subdivision shall contain all information required by the planning department.
•  Other information necessary to show that the subdivision complies with the standards set forth in this chapter shall also be provided.

(b) Staff Review.
•  The preliminary plat of a proposed major subdivision shall be reviewed by the planning department for compliance with all applicable regulations of this chapter.  The staff shall work with the applicant to make sure the plat complies with all provisions.
•  The plat will be circulated to other appropriate officials for review of requirements within their authority. 
•  While the planning department is reviewing the preliminary plat for a major subdivision, the matter shall be scheduled for the next available meeting of the community appearance commission and the next available meeting of the planning board which follows the community appearance commission meeting date.  
•  No later  than seven (7) days prior to the planning board meeting at which the preliminary plat will be considered, the staff shall transmit a written report and recommendation regarding the proposed project to the applicant and the planning commission.  This report shall include the recommendation of the community appearance commission on the proposed subdivision plat. 

(c) Public Notification.
•  At least five (5) days prior to the date on which the application for a major subdivision is to be considered by the planning board, the planning department shall publish notice of the time and place of the hearing on the matter in a newspaper of general circulation within the town.
•  Neighborhood associations and other groups as specified by the Waynesville Board of Aldermen shall be provided mailed notice.  Such notice shall be mailed at least ten (10) days before the date on which the request is to be considered. 

(d) Formal Review.
•  Preliminary plats shall be reviewed at the next available regular meeting of the Waynesville Planning Board following submittal of an application for major subdivision review and the meeting of the Community Appearance Commission of the Town of Waynesville on the matter.
•  The planning board shall hold a public hearing on the subdivision proposal. 
•  The planning board shall take action (approve or deny approval) within thirty-two (32) days of the public hearing on the matter.  Should the planning board fail to act on the preliminary plat within the prescribed period, the applicant may seek preliminary plat approval by the Waynesville Board of Aldermen at the next regularly scheduled meeting of the aldermen.
•  If the planning board approves the preliminary plat, this approval shall be indicated on three (3) copies of the plat by the chair of the board.  One copy shall be transmitted to the public works department, one copy shall be returned to the applicant, and the third copy shall be retained by the planning department. 
•  If the planning board disapproves or approves conditionally the plat, the reasons for such action shall be stated in writing and entered in the records of the planning board.  The applicant may make changes and submit a revised plat which revision shall be submitted, review and acted on in accordance with the procedures set forth in this section. 

(e) Variances
•  Requests for variances from the requirements set forth in this chapter shall be heard by the board of adjustment under the procedures established in Sec. 154.084 unless otherwise provided

  (f) Appeals.
•  Appeals of the decisions of the planning board shall be heard by the Waynesville Board of Adjustment unless otherwise provided.  The board may approve, deny or conditionally approve the preliminary plat or send the plat back to the planning board with instructions for further review. 

 (g) Preliminary Plat Approval Validity.
•  Approval of a preliminary plat for major subdivisions shall be valid for one (1) year from the date of approval.  The final plat shall be presented for approval prior to the end of this one (1) year period. 
•  The planning department may grant a single extension of this time period of up to six (6) months upon submittal by the applicant of sufficient justification for the extension. 

(4) Final Plat Submittal and Review.

(a) Plan Submittal.

1. Filing of Application.
•  Final plats are required for all major subdivisions.
•  Final plats shall be submitted, with a complete application form to the planning department and may be submitted at any time following construction of improvements or the approval of the appropriate performance guarantee.

2. Fees.
•  An application fee, as established by the Waynesville Board of Aldermen, shall be due and payable when the application is submitted.

3. Information Required. 
•  Final plats for a major subdivision shall be prepared by a registered land surveyor.
•  Final plats for a proposed major subdivision shall contain all information required by the planning department.

(b) Staff Review.
•  The final plat of a major subdivision shall be reviewed by the planning department for compliance with the requirements of this chapter and for conformity with the approved preliminary plat. 
•  Substantial changes from the preliminary plat shall require an additional review by the planning board.  Substantial changes shall include, but not be limited to, the redesign of streets, increasing the number of lots, altering the size and/or design of more than twenty (20) percent of the lots, and/or reducing the number of lots by more than twenty (20) percent. 
•  The plat will be circulated to other appropriate officials for review of requirements within their authority. 
•  The planning department shall approve or disapprove the final plat of major subdivisions within ten (10) working days of receipt of the plat.  If the department has not completed review in this time period, the applicant may seek final approval from the Waynesville Board of Aldermen at their next meeting. 

(c) Public Notification.
•  No public notification is required for final plat review and approval.

(d) Formal Review.
•  No formal review is required for final plat review and approval. 
•  The approval of a final plat does not constitute acceptance for maintenance or other purposes of improvements in rights-of-way, such as utility lines, street paving, drainage facilities or sidewalks.  Such improvements, when located within the corporate limits of the Town of Waynesville, may be accepted only by action of the town following inspection and approval. 
•  Land designated as public open space or a park on a plat shall be considered to be offered for dedication, but not accepted until the Waynesville Board of Aldermen has by express action done so. 

(e) Recordation. 
•  Upon approval of a final plat for major subdivisions, the plat shall be signed in the appropriate place by the planning director, the public works director, and by the owner(s).
•  Final plats for phased subdivisions shall be recorded in accordance with the schedule presented by the applicant during the preliminary plat approval. 

(f) Appeals.
•  If final plat approval for a major subdivision is denied, the applicant may appeal the decision to the Waynesville Board of Aldermen.  Such an appeal must be taken within thirty (30) days after denial. 

(g) Final  Plat Approval Validity.
•  Final plats for major subdivisions that have been granted approval must be recorded within thirty (30) days following approval or the approval becomes invalid.
•  No lots shall be sold prior to approval by the town and recording of the final plat for the subdivision.

(C) Minor Subdivision Review.

(1) Purpose.
•  The minor subdivision review process is required for those divisions of land into five (5) or fewer lots which do not require dedication of public utilities and/or public streets. 

(2) Pre-application Conference.
•  It is required that every applicant for a minor subdivision meet with the planning department in a conference prior to the submittal of a subdivision final plat.  The purpose of this conference is to provide clarification and assistance in the preparation and submission of plats for approval.
•  It is recommended that the applicant provide a sketch plan of the subdivision to the planning staff prior to or at the pre-application conference.  The provision of a sketch plan will allow the planning department an opportunity to review the proposal before the applicant expends funds on the preparation of a detailed final plat.

(3) Plat Submittal and Review.

(a) Plan Submittal.

1. Filing of Application.
•  An application for minor subdivision review may be filed by the owner of the property or by an agent, specifically authorized to file such application. 
•  The application for a minor subdivision shall be filed with the planning department on a form provided by the department. 

2. Fees.
•  An application fee, as established by the Waynesville Board of Aldermen, shall be due and payable when the application is submitted.

3. Information Required. 
•  Plats for a minor subdivision shall be prepared by a registered land surveyor.
•  Plats for a minor subdivision shall contain all information required by the planning department.
•  Other information necessary to show that the subdivision complies with the standards set forth in this chapter shall also be provided.

(b) Staff Review.
•  The plat for a proposed minor subdivision shall be reviewed by the planning department for compliance with all applicable regulations of this chapter and other ordinances and regulations of the Town of Waynesville.
•  Provided that the application is complete, the planning department shall approve or disapprove the plat within thirty (30) working days of its submittal. 

(c) Public Notification. 
•  No public notification is required for minor subdivision review. 

 (d) Formal Review/Recordation.
•  Formal review of minor subdivisions is not required. 
•  Upon approval of a plat for a minor subdivision, said plat shall be signed in the appropriate place by the planning director, public works director,  and the owner(s).
•  A plat for minor subdivision must be recorded in the office of the Register of Deeds of Haywood County.  No lots shall be sold prior to approval by the town and the recording of the plat for the subdivision. 

(e) Variances. 
•  Requests for variances from the requirements set forth in this chapter shall be heard by the board of adjustment under the procedures established in Sec. 154.084 unless otherwise provided

  (f) Appeals.
•  Appeals of the decisions of the planning department with regard to minor subdivisions may be appealed to the Waynesville Planning Board. 
•  Such an appeal must be made within thirty (30) days of the receipt of the decision by the property owner.  The appeal shall be in writing and delivered to the planning department. 

 (g) Permit Validity.
•  Minor subdivision plats that have been granted approval shall be recorded within thirty (30) days following approval or the approval becomes invalid. 

154.082 PERMITTED USES WITH SPECIAL REQUIREMENTS.

(A) Purpose.
•  Permitted uses with special requirements are uses permitted by right provided that the special requirements set forth in Article VI of this chapter are met. 
•  The special requirements are intended to insure that the uses fit the intent of the land development districts within which they are permitted, and that the uses are compatible with other developments permitted within the land development district. 
•  Unless otherwise provided, the planning department as part of the review for a certificate of land development standards compliance, handles review and approval of these uses.
•  The department has no discretion to modify the special requirements.

(B) Pre-Application Procedure.
•  No pre-application conference is required prior to applying for a certificate of land development standards compliance for a permitted use with special requirements unless required elsewhere in this chapter.
•  Applicants are encouraged to call or visit the Waynesville Planning Department prior to submitting an application to determine what information is required for the application.

(C) Plan Submittal.

(1) Filing of Application.
•  An application for a permitted use with special requirements shall be included on an application form for a certificate of land development standards compliance. 
•  The application shall be filed with the Waynesville Planning Department on a form provided by the department.

(2) Fees.
•  An application fee, as established by the Waynesville Board of Aldermen, shall be due and payable when the application is submitted.

 (3) Information Required.
•  Each application for a certificate of land development standards compliance/permitted use subject to special requirements shall contain the information required on the form. 
•  Other information necessary to show that the use or structure complies with the standards set forth in this chapter shall also be provided.

(D) Staff Review.
•  Once an application containing all needed elements is submitted, the planning department shall review the application and approve or deny it based on compliance with the land development standards contained in this chapter. 
•  Failure to meet all the special requirements shall result in a denial of a permit for the proposed use.
•  All appropriate town staff shall review the application to assure compliance with applicable regulations and requirements. 

(E) Public Notification.
•  No public notification is required for permitted uses with special requirements.

(F) Formal Review.
•  No formal review is required for permitted uses with special requirements.

(G) Variances.
•  Unless otherwise specified, variances from the special requirements are not permitted.
•  Other variances shall be reviewed as set forth for certificates of land development compliance.

(H) Appeals.
•  Appeals of the decisions of the planning department shall be heard by the board of adjustment under the procedures established in Sec. 154.085 unless otherwise provided.

(I) Permit Validity.
•  Permit validity for permitted uses with special requirements shall be the same as those required for a certificate of land development compliance. 

154.083 CONDITIONAL USES.

(A) Purpose.
•  Conditional uses are established to provide for the location of those uses which are generally compatible with other land uses permitted in a land development district. However, because of their unique characteristics or potential impacts on the surrounding neighborhood and the town as a whole, these uses require individual consideration of their location, design, configuration and/or operation at the particular location proposed.
•  Such individual consideration may also call for the imposition of individualized conditions in order to ensure that the use is appropriate at a particular location and to ensure protection of the public health, safety and welfare. 
•  Any use identified in Article V of this chapter as a conditional use in a land development district shall not be permitted without the approval of the board of adjustment in accordance with the requirements and procedures set forth in this subsection. 

(B) Pre-Application Procedure.
•  Every applicant for a conditional use is required to meet with the planning department in a pre-application conference prior to the submittal of a request for approval of a conditional use.
•  The purposes of this conference are to provide additional information regarding the review process and assistance in the preparation of the application.

(C) Plan Submittal.

(1) Filing of Application.
•  An application for a conditional use permit may be filed by the owner of the property or by an agent specifically authorized by the owner to file such application. 
•  The application for a conditional use permit shall be filed with the planning department on a form provided by the department.

(2) Fees.
•  An application fee, as established by the Waynesville Board of Aldermen, shall be due and payable when the application is submitted.

 (3) Information Required..
•  Each application for a conditional use permit shall contain all information required on the application. 

(D) Staff Review.
•  Staff shall review an application for a conditional use permit to determine if it is complete.
•  If an application is complete, the planning department shall schedule the matter for consideration at a meeting of the community appearance commission and at a meeting of the board of adjustment which follows the community appearance commission meeting date. 
•  The planning department shall prepare a staff report regarding the submitted conditional use application.
•  The schedule for meetings of the community appearance commission and the board of adjustment and application deadlines for such meetings shall be maintained in the planning department.

(E) Public Notification.
•  A notice of a hearing before the board of adjustment on a conditional use application shall be published in a newspaper of general circulation in the town once a week for two (2) successive weeks.  The first publication shall appear no less than ten (10) days or more than twenty-five (25) days prior to the date fixed for the public hearing. 
•  The notice shall include the time, place and date of the hearing and include a description of the property and the nature of the proposal. 
•  The board shall mail notices of the hearing to the applicant and to persons who own property within five hundred (500) feet of the affected area at least ten (10) days prior to the hearing.

(F) Formal Review.

  (1) Action by the Board of Adjustment.
•  Upon receipt of the application for a conditional use from the planning department and the recommendation of the community appearance commission on said application, the board of adjustment shall hold a quasi-judicial hearing on the proposed conditional use. 
•  After conducting the hearing, the board of adjustment may: approve the conditional use; deny the request; continue the hearing; or approve the request with conditions. 
•  A decision by the board of adjustment shall be made within thirty-two (32) days of the date of the hearing.

 (2)  Standard of Review.
•  The board of adjustment shall not approve a conditional use permit unless it finds that the regulations of this chapter have been met.
•  The conditions set forth in Article VI shall be binding on the board and may not be varied. 
•  In addition to the definitive standards set forth in this chapter, the board of adjustment must find the following:
 That the proposed conditional use conforms to the character of the neighborhood, considering the location , type and height of buildings or structures and the type and extent of landscaping on the site.
 That adequate measures shall be taken to provide ingress and egress so designed as to minimize traffic hazards and to minimize traffic congestion on the public roads.
 That adequate utilities (water, sewer, drainage, electric, etc.) are available for the proposed use. 
 That the proposed use shall not be noxious or offensive by reason of vibration, noise, odor, dust, smoke or gas. 
 That the establishment of the proposed use shall not impede the orderly development and improvement of surrounding property for uses permitted within the land development district.
 That the establishment, maintenance or operation of the proposed use shall not be detrimental to or endanger the public health, safety or general welfare. 
•  The board of adjustment may place conditions on the use as part of the approval to assure that mitigation measures are associated with the use.  The conditions shall become part of the conditional use permit approval and shall be included in the final site plan application. 

(G) Variances.
•  Unless otherwise specified, variances from the specific standards for a conditional use, set forth in Article VI,  are not permitted.
•  Other variances shall be reviewed as set forth for certificates of land development compliance.

(H) Appeals.
•  An appeal from the decision of the Waynesville Board of Adjustment regarding a conditional use application may be made by an aggrieved party and shall be made to the Superior Court of Haywood County in the nature of certiorari. 
•  Any such petition to the Superior County shall be filed with the court no later than thirty (30) days after the applicant receives the written copy of the decision of the board of adjustment.

(I) Permit Validity.
•  Upon the approval of the conditional use permit,. the applicant shall have six (6) months to obtain a building permit.  Failure to commence building permits within this time shall render the permit void. 
•  The planning department may grant a single extension of this time period of up to six (6) months upon submittal by the applicant of sufficient justification for the extension. 
•  Upon issuance of a building permit, the permit shall remain valid as long as a valid building permit exists for the project.

154.084 VARIANCES.

(A) Purpose/Limitations.
•  The variance process administered by the board of adjustment  is intended to provide limited relief from the requirements of this chapter in those cases where strict application of a particular requirement will create a practical difficulty or unnecessary hardship prohibiting the use of the land in a manner otherwise allowed under this chapter.
•  It is not intended that variances be granted merely to remove inconveniences or financial burdens that the requirements of this chapter may impose on property owners in general or to increase the profitability of a proposed development.
•  In no event shall the board of adjustment grant a variance which would allow the establishment of a use which is not otherwise allowed in a land development district or which would change the land development district classification or the district boundary of the property in question.
•  In no event shall the board of adjustment grant a variance which would conflict with the North Carolina State Building Code or any other state code unless otherwise authorized by laws and regulations. 

(B) Pre-Application Procedure.
•  Every applicant for a variance is strongly encouraged to meet with the planning department in a pre-application conference prior to the submittal of a request for a variance. 
•  The purposes of this conference are to provide additional information regarding the review process and assistance in the preparation of the application.

(C) Plan Submittal.

(1) Filing of Application.
•  An application for a variance may be filed by the owner of the property or by an agent specifically authorized by the owner to file such application. 
•  The application for a variance shall be filed with the planning department on a form provided by the department.

(2) Fees.
•  An application fee, as established by the Waynesville Board of Aldermen, shall be due and payable when the application is submitted.

 (3) Information Required..
•  Each application for a variance shall contain all information required on the application. 

(D) Staff Review.
•  Staff shall review an application for a variance to determine if it is complete.
•  If an application is complete, the planning department shall schedule the matter for consideration at a meeting of the board of adjustment.
•  The planning department shall prepare a staff report regarding the submitted variance application.
•  The schedule for meetings of the board of adjustment and application deadlines for such meetings shall be maintained in the planning department.

(E) Public Notification.
•  A notice of a hearing on a variance application shall be published in a newspaper of general circulation in the town once a week for two (2) successive weeks.  The first publication shall appear no less than ten (10) days or more than twenty-five (25) days prior to the date fixed for the public hearing. 
•  The notice shall include the time, place and date of the hearing and include a description of the property and the nature of the request. 
•  The board shall mail notices of the hearing to the applicant and to persons who own property within five hundred (500) feet of the affected area at least ten (10) days prior to the hearing.

(F) Formal Review.

 (1) Action by the Board of Adjustment.
•  Upon receipt of the request for a variance from the planning department, the board of adjustment shall hold a quasi-judicial hearing on the request.
•  After conducting the hearing, the board of adjustment may: deny the application; conduct an additional public hearing on the application; or grant the application. 
•  A decision by the board of adjustment shall be made within thirty-two (32) days of the date of the hearing.
•  Any approval or denial of the request shall be accompanied by written findings that the variance meets or does not meet each of the standards set forth in Sec. 154.084(F)(2)(a) below.  Standards for floodplain development regulation variances are set forth in Sec. 154.085(F)(2)(b).
•  Any applicant to whom a variance from the floodplain development regulations (see 154.085(F)(2)(b)) is granted shall be given written notice. This notice shall specify the difference between the base flood elevation and the elevation to which the structure is to be built and contain a written statement that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation.  Such notification shall be maintained with a record of all variance actions.  Variances records shall be provided to the Federal Emergency Management Agency upon request.  

 (2) Standard of Review.

  (a) General Variance Requests.
•  The board of adjustment shall not grant a variance unless and until it makes all of the following findings.
 That there are practical difficulties or unnecessary hardships in the way of carrying out the strict letter of this chapter.
 That if the applicant complies with the provisions of the chapter, the property owner seeking the variance can secure no reasonable return from, or make no reasonable use of his property.
 That special conditions and circumstances exist which are peculiar to the land, structure or building involved and which are not applicable to other lands, structures or buildings located in the same land development district.
 That the special conditions and circumstances do not result from the actions of the applicant.
 That the variance is in harmony with the general purpose and intent of this chapter and preserves its spirit.
 That the variance is the minimum necessary to afford relief.
 That the public safety and welfare have been assured and substantial justice has been done.

(b) Floodplain Development Regulation Variance Requests.
•  Variances from the standards set forth in Sec. 154.400 of this chapter for flood damage prevention may be granted.  The town must notify the North Carolina Secretary of Crime Control and Public Safety at least thirty (30) days prior to granting the variance.
•  Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result.
•  Variances may not be issued when the variance will make the structure in violation of other federal, state or local laws.
•  Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.
•  Variances shall only be issued upon: a showing of good and sufficient cause; a determination that failure to grant the variance would result in exceptional hardship; and, a determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisance, cause fraud on or victimization of the public, or conflict with existing laws or ordinances.
•  In passing upon variances, the board of adjustment shall consider all technical evaluations, all relevant factors, all standards specified in other sections of this chapter and:
 The danger that material may be swept onto other lands to the injury of others.
 The danger to life and property due to flooding or erosion damage.
 The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner. 
 The importance of the services provided by the proposed facility to the community.
 The availability of alternative locations, not subject to flooding or erosion damage, for the proposed use. 
 The compatibility of the proposed use with existing and anticipated development.
 The relationship of the proposed use to the land development plan and flood damage prevention program for that area.
 The safety of access to the property in times of flood for ordinary and emergency vehicles.
 The expected heights, velocity, duration, rate of rise, and sediment transport of the floodwaters and the effects of wave action, if applicable, expected at the site.
 The costs of providing governmental services during and after flood conditions including maintenance and repair of public utilities and facilities such as sewer, gas, electrical and water systems, and streets and bridges. 

  (c) Additional Conditions.
•  In granting any variance, the board of adjustment may attach such conditions to the approval as it deems necessary and appropriate to satisfy the standards set forth in Sec. 154(F)(2)(a) and Sec. 154(F)(2)(b) above.  The board may also attach conditions in order to reduce or minimize any injurious effect of such variance upon other property in the neighborhood and to ensure compliance with other terms of this chapter.   

(G) Appeals.
•  An appeal from the decision of the Waynesville Board of Adjustment regarding variance may be made by an aggrieved party and shall be made to the Superior Court of Haywood County in the nature of certiorari. 
•  Any such petition to the Superior County shall be filed with the court no later than thirty (30) days after the applicant receives the written copy of the decision of the board of adjustment.

154.085 APPEALS OF ADMINISTRATIVE DECISIONS.

(A) Purpose.
•  Appeals from the decisions of the staff of the Town of Waynesville are permitted as provided for in this chapter.
•  Any order, requirement, decision or determination, made by an administrative officer charged with enforcing the provisions of this chapter may be appealed.
•  Appeals related to all issues except sedimentation and erosion control and stormwater management shall be taken to the board of adjustment.
•  Appeals related to sedimentation and erosion control and stormwater management shall be taken to the Waynesville Board of Aldermen. 

(B) Appeal Submittal.

(1) Filing of Application.
•  An appeal of an administrative decision may be taken by any person aggrieved (or by their authorized agent) or may be taken by any officer, department, board or bureau of the town. Such an appeal may be made within 30 days of the receipt of the written notice from the town.
•  All appeals, except those related to stormwater management and sedimentation and erosion control, must be filed with the planning department.  Appeals related to stormwater management and sedimentation and erosion control shall be filed with the public works department.
•  Appeals shall be filed on a form prescribed by the town and contain such information as requested on the application form.
•  The filing of an appeal shall stay all proceedings in furtherance of the contested action unless the public works director (in the case of appeals concerning sedimentation and erosion control and stormwater management) or the planning director (in all other appeals) certifies that, in his/her opinion, by reason of facts stated in the certification, such a stay would cause imminent peril to life and property.  In such a case, proceedings shall not be stayed except by restraining order granted by the Superior Court of Haywood County on notice to the administrative official from whom the appeal is taken with due cause shown.

(2) Fees.
•  An application fee, as established by the Waynesville Board of Aldermen, shall be due and payable when the application is submitted.

 (3) Information Required..
•  Each administrative appeal shall contain all information required on the application. 

(C) Staff Review.
•  Once an appeal is received the matter shall be scheduled for consideration at a public hearing by the appropriate review body.
•  Staff shall prepare a report detailing the regulations and interpretation behind the matter being appeale.

(D) Public Notification.
•  A notice of a hearing on an appeal shall be published in a newspaper of general circulation in the town once a week for two (2) successive weeks.  The first publication shall appear no less than ten (10) days or more than twenty-five (25) days prior to the date fixed for the public hearing. 
•  The notice shall include the time, place and date of the hearing and include a description of the property and the nature of the request. 

(E) Formal Review.
•  Upon receiving the application, the reviewing body shall conduct a public hearing on the appeal.  Any party may appear in person or be represented by an agent at the hearing.
•  After conducting the public hearing, the reviewing board shall adopt an order reversing or affirming, wholly or in part, or modifying the order requirements, decision or determination in question. It shall take a 4/5ths vote of the board to reverse or modify the contested action. 
•  The reviewing body, in making its ruling, shall have all the powers of the officer from whom the appeal is taken, and may issue or direct the issuance of a permit. 
•  The decision of the reviewing board must be in writing and permanently filed in the minutes of that reviewing body as a public record.  All findings of fact and conclusions of law must be separately stated in final decisions or orders of the board, which must be delivered to parties of interest by certified mail.

(F) Appeals.
•  Any appeal from a decision of the board of adjustment may be made by an aggrieved part and shall be made to the Superior Court of Haywood County in the nature of certiorari.  Any such petition shall be filed no later than thirty (30) days after the applicant receives a written copy of the decision of the board of adjustment. 
•  Any appeal from a decision of the Waynesville Board of Aldermen relating to stormwater management shall be made to the Superior Court of Haywood County in the nature of certiorari. Any such petition shall be filed no later than thirty (30) days after the applicant receives a written copy of the decision of the board of aldermen.
•  Any appeal from a decision of the Waynesville Board of Aldermen relating to sedimentation and erosion control shall be made to the North Carolina Sedimentation Control Commission.  Any such appeal shall be filed no later than fifteen (15) days after the applicant receives a written copy of the decision of the board of aldermen. 

Sec. 154.086 CERTIFICATE OF APPROPRIATENESS.

(A) Purpose/Jurisdiction.
•  From and after the designation of a historic landmark (see Sec. 154.094), no exterior portion of any building or other structure (including masonry walls, fences, light fixtures, steps and pavement, or other appurtenant features), nor any above-ground utility structures nor any type of sign shall be erected, altered, restored, moved or demolished on such landmark until after an application for a certificate of appropriateness has been submitted to and approved by the Historic Preservation Commission of Waynesville.
•  The purpose of requiring this certificate is to safeguard the heritage of the town and conserve historic districts and landmarks within its corporate limits. 
•  A certificate of appropriateness is required to be issued by the commission prior to the issuance of a building permit or other permit granted for the purposes of constructing, altering, moving or demolishing structures.  A certificate of appropriateness shall be required whether or not a building or other permit is required. 
•  The jurisdiction of the historic preservation commission over interior spaces shall be limited to specific interior features of architectural, artistic or historical significance in publicly owned landmarks; and of privately owned landmarks for which consent for interior review has been given by the owners.  Such consent of an owner for interior review shall bind future owners and/or successors in title, provided such consent has been filed with the Register of Deeds of Haywood County and indexed appropriately.  In these cases, the land mark designation shall specify the interior features to be reviewed and the specific nature of the commission's jurisdiction over the interior. 
•  All of the provisions of this chapter related to historic preservation shall apply to construction, alteration, moving and demolition by the State of North Carolina, its political subdivisions, agencies and instrumentalities, provided however that they shall not apply to the interiors of buildings or structures owned by the State of North Carolina. 

(B) Pre-Application Procedure.
•  No pre-application conference is required prior to applying for a certificate of appropriateness.  Applicants are strongly encouraged to call or visit the planning department prior to submitting an application to determine what information is required for the application.
•  It shall be the policy of the historic preservation commission, in regard to applications involving new construction or extensive alterations and/or additions to existing structures, that a sub-committee of the commission shall be available to meet with persons involved in planned or pending applications in order to advise them informally, at an early stage in the development process.  This advise shall be on the commission's guidelines, the nature of the area where the proposed project will take place and other relevant factors.  In giving such advise, the members of the sub-committee, collectively and individually, shall refrain from any indication of approval or disapproval.  Advice or opinions given by any member of the sub-committee at such an informal meeting shall not be considered official or binding upon the commission.

(C) Plan Submittal.

(1) Filing of Application.
•  The application shall be filed with the Waynesville Planning Department on a form provided by the department and in accordance with the schedule set by the department for certificate of appropriateness review.

(2) Fees.
•  An application fee, as established by the Waynesville Board of Aldermen, shall be due and payable when the application is submitted.

 (3) Information Required.
•  Each application for a certificate of appropriateness shall contain the information required on the form. 
•  Other information necessary to show that the use or structure complies with the standards set forth in this chapter shall also be provided.

(D) Staff Review.

(1) Minor Works - Administrative Approval.
•  Minor works are those exterior changes that do not involve substantial alterations, additions or removals that could impair the integrity of the property and/or historic district as a whole. 
•  Once an application containing all needed elements is submitted, the planning department shall review the application and approve or deny it based on compliance with the standards contained in this chapter and in any applicable historic district guidelines.   

(2) Other Works.
•  Staff shall review the application to ensure that it is complete and schedule the matter for a public hearing before the historic preservation commission. 
•  Staff shall prepare a report and recommendation on the application for the commission. 

(E) Public Notification.
•  No public notification is required for minor works administrative review and approval.
•  For hearings on applications for certificates of appropriateness before the historic preservation commission, the owners of property within one hundred (100) feet on all sides of the subject property shall be notified of such hearing by mail.  Such notification shall be postmarked not less than one (1) week prior to the meeting at which the matter is to be heard. 

(F) Formal Review.
•  No formal review is required for minor works administrative review and approval.
•  For all other applications, the historic preservation commission shall hold a hearing on the proposal.  The applicant and other property owners likely to be materially affected by the application shall be given an opportunity to be heard. 
•  Following the public hearing the commission may approve, deny or approve with conditions the application for a certificate of appropriateness. No certificate of appropriateness shall be granted unless the commission (staff for minor works) finds that the application complies with the principles and guidelines adopted by the commission for review of changes and new construction. 
•  The action on an application must be supported by specific findings of fact indicating the extent to which the application is or is not congruous with the special character of the historic district or landmark.
•  Applications for certificates of appropriateness shall be acted upon within ninety (90) days after filing, otherwise the application shall be deemed approved and a certificate shall be issued. An extension of time may be granted by mutual consent of the commission and the applicant. 

(G) Variances.
•  No variances from the principles and guidelines applicable to a review for a certificate of appropriateness shall be granted.

(H) Delay in Demolition of Landmarks and Buildings within Historic Districts.
•  An application for a certificate of appropriateness authorizing the demolition, removal or destruction of a designated landmark or a building, structure or site within a historic district may not be denied except as provided below. 
•  However, the effective date of such a certificate may be delayed for up to three hundred and sixty-five (365) days from the date of approval.  The period of delay should be reduced by the historic preservation commission if it finds that the owner would suffer extreme hardship or be permanently deprived of all beneficial use or return from such property by virtue of the delay. 
•  During the delay period the commission shall negotiate with the owner in an effort to find a means of preserving the building, structure or site. 
•  If the historic preservation commission finds that a building, structure or site has no special significance or value toward maintaining the character of a district, it shall waive all or part of such period of delay and authorize earlier demolition or removal. 
•  If the historic preservation commission has voted to recommend the designation of a landmark or the designation of an area as a historic district, and final designation has not been made by the board of aldermen, the demolition or destruction of any building, structure  or site in the proposed district or of the designated landmark may be delayed by the commission for up to one hundred and eighty (180) days or until the board of aldermen takes final action on the designation, whichever occurs first. 
•  The board of aldermen may enact an ordinance to prevent the demolition by neglect of any designated landmark or any structure or building within the established historic district.  Such ordinance shall provide appropriate safeguards to protect property owners from undue hardship.
•  An application for a certificate of appropriateness authorizing the demolition of a building, structure or site determined by the State of North Carolina?s Historic Preservation Officer as having statewide significance as defined in the criteria of the National Register of Historic Places may be denied except where the Waynesville Historic Preservation Commission finds that the owner would suffer extreme hardship or be permanently deprived of all beneficial use or return by virtue of the denial. 

(I) Appeals.
•  Appeals from decisions of the planning department on minor works may be appealed to the historic preservation commission and subject to a hearing as set forth in this section. 
•  Any aggrieved party may take an appeal from a decision of the historic preservation commission to the board of adjustment.
•  Written notice of the intent to appeal must be sent to the planning department, postmarked within thirty (30) days following the date a decision on an application for a certificate of appropriateness is rendered. 
•  The Superior Court of Haywood County shall hear appeals from the board of adjustment.

(J) Permit Validity.
•  A certificate of appropriateness shall be valid for six (6) months following approval.  If work on the project has not begun, the applicant shall be required to resubmit the project for review. 

Sec. 154.087 FLOODPLAIN DEVELOPMENT PERMIT.

(A) Purpose.
•  No approval shall be granted for construction in an area designated as a flood hazard area by the by the flood insurance rate maps, as provided by the Federal Emergency Management Agency without the issuance of a floodplain development permit.

(B) Pre-application Procedure.
•  Developers are encouraged to meet with the planning department staff prior to submitting an application for development in the designated flood hazard area. 
•  The purpose of this meeting is to provide developers with the opportunity to obtain information regarding details of the application process.

(C) Plan Submittal.

(1) Filing of Application.
•  Applications for floodplain development permits shall be made to the planning department prior to performing grading or construction on lands designated as flood hazard areas. 
•  Plats, designs, calculations, working drawings and specifications for work shall be prepared by an authorized registered professional engineer, architect, or land surveyor properly registered and licensed in the State of North Carolina for the work in which they are engaged.

(2) Fees.
•  An application fee, as established by the Waynesville Board of Aldermen, shall be due and payable when the application is submitted.

 (3) Information Required.
•  Each application for a floodplain development permit shall be made on forms furnished by the planning department and shall contain all information described on the application. 
•  Other information necessary to show that the use or structure complies with the standards set forth in this chapter shall also be provided.

(D) Staff Review. 

(1) Planning Staff Review.
•  Following submittal of the application and accompanying data, the information shall be reviewed by the planning staff for compliance with the requirements of this chapter. 
•  Provided the application is complete, applications shall be reviewed and acted upon by the planning staff and notice given the applicant within thirty (30) days of receipt of the application. 

(2) Board of Adjustment Review.
•  Applications for projects requiring variances, as set forth in Sec. Sec. 154.084, shall be submitted to the board of adjustment by staff and scheduled for review by that board at their next available meeting.
•  Staff shall prepare a report on the application for the board of adjustment.

(E) Public Notification.
•  Public notification is only required for floodplain development permits when a variance is requested. 

(F) Formal Review.
•  Formal review is only required for floodplain development permits when a variance is requested. 

(G) Variances.
•  Variances from the requirements of Sec. 154.400shall be heard by the board of adjustment as set forth in Sec. 154.084.

(H) Appeals.
•  The board of adjustment shall hear appeals from the decisions of the planning department. 
•  Appeals from decisions of the board of adjustment may be appealed to the Superior Court of Haywood County. 
•  An appeal must be filed in writing, within thirty (30) days of the date action is taken by the planning department or the board of adjustment. 
•  Floodplain development permits shall be valid for one (1) year.

(I) Permit Validity.
•  Failure to initiate construction, or otherwise begin the permitted use, within this time period shall render the permit void. 

154.088 EROSION AND SEDIMENTATION CONTROL PLANS.

(A) Purpose.
•  To assure that land-disturbing activity undertaken in the Town of Waynesville does not result in accelerated erosion and sedimentation, no such land-disturbing activity shall take place until plans for controlling erosion associated with the activity have been reviewed and approved in accordance with the procedures set forth below.

(B) Pre-application Procedure.
•  Prior to applying for a  grading permit and submitting erosion control plans, the applicant is encouraged to meet with the erosion and sedimentation control staff of the public works department to discuss the proposed project.
•  The purpose of this meeting is to answer questions of the applicant regarding the application and schedules for review. 

(C) Plan Submittal.

(1) Filing of Application.
•  Applications for a grading permit shall be filed with the public works department prior to beginning the proposed land-disturbing activity. 
•  Application for a permit shall be made on a form provided by the public works department.

(2) Fees.
•  An application fee, as established by the Waynesville Board of Aldermen, shall be due and payable when the application is submitted.

 (3) Information Required.
•  Each application for a grading permit shall be made on forms furnished by the public works department and shall contain all information and plans described on the application. 
•  Other information necessary to show that the activity complies with the standards set forth in this chapter shall also be provided.

(D) Staff Review. 
•  Following submittal of the application and accompanying data, the information shall be reviewed by the public works staff for compliance with the requirements of this chapter. 
•  Provided the application is complete, applications shall be reviewed and acted upon by the staff and notice given the applicant within thirty (30) days of receipt of the application. 

(E) Public Notification.
•  No public notification is required for grading permit requests and erosion control plan review.

(F) Formal Review.
•  Formal review of grading permit requests and erosion control plans is not required.

(G) Variances.
•  No variances shall be granted from the requirements that a grading permit be obtained and an erosion control plan be approved prior to initiating any land-disturbing activity subject to the regulations set forth at Sec. 154.401.

(H) Appeals.
•  The disapproval or conditional approval of any proposed erosion control plan by the public works department shall entitle the person submitting the plan to a public hearing before the board of adjustment if such person submits written demand for a hearing within fifteen (15) days after receipt of written notice of disapproval or conditional approval.
•  Appeals from the decision of the board of adjustment may be taken to the North Carolina Sedimentation Control Commission as provided in NCGS 113A-61(c). 

(I) Permit Validity.
•  When work under a grading permit is not completed within twelve (12) months following the date of issuance of the grading permit, the grading permit shall be deemed expired. 
•  Renewal of an expired grading permit shall required the same application procedure as the initial permit.  No further grading is to be performed until the new permit is issued. 

154.089 STORMWATER PERMITS.

(A) Purpose.
•  To insure that development in the city does not result in increased stormwater runoff which adversely impacts adjacent property, no development to which this chapter applies, shall be commenced without the issuance of a stormwater permit by the public works department.

(B) Pre-application Procedure.
•  Although a pre-application conference is not required, applicants for stormwater permits are encouraged to contact the town's public works department prior to submitting their application to discuss the project.

(C) Plan Submittal.

(1) Filing of Application.
•  Applications for a stormwater permit shall be filed with the public works department on a form provided by the public works department.

(2) Fees.
•  An application fee, as established by the Waynesville Board of Aldermen, shall be due and payable when the application is submitted.

 (3) Information Required.
•  Each application for a stormwater permit shall be made on forms furnished by the public works department and shall contain all information and plans described on the application. 
•  Other information necessary to show that the activity complies with the standards set forth in this chapter shall also be provided.

(D) Staff Review. 
•  Following submittal of the application and accompanying data, the information shall be reviewed by the public works staff for compliance with the requirements of this chapter. 
•  Provided the application is complete, applications shall be reviewed and acted upon by the staff and notice of approval or disapproval given the applicant within thirty (30) days of receipt of the application. 

(E) Public Notification.
•  No public notification is required for stormwater permit applications.

(F) Formal Review.
•  Formal review of stormwater permit requests and stormwater management plans is not required.

(G) Variances.
•  No variances shall be granted from the requirements that a stormwater permit be obtained and a stormwater management plan be approved prior to initiating any development activity subject to the regulations set forth at Sec. 154.402.

(H) Appeals.
•  Appeals form the decisions of the public works department regarding stormwater permits, shall be made to the Waynesville Board of Adjustment  The board shall conduct a public hearing to review the information regarding an appeal in order to make a determination as to whether the requirements set forth in this chapter have been met.
•  The applicant must submit a written demand for a hearing to the public works department within thirty (30) days following receipt by the applicant of the action being appealed. 
•  Appeals from the decisions of the board of adjustment shall be to the Superior Court of Haywood County, shall be in the nature of certiorari and shall be filed with the court within thirty (30) days of the applicant's receipt of the decision of the board. 

(I) Permit Validity.
•  When a stormwater permit issued in association with a project requiring a building permit, the stormwater permit shall expire upon the expiration or revocation of the building permit.  When a stormwater permit is issued for a project that does not require a building permit, the stormwater permit shall expire if work is not initiated within twelve (12) months of the date of issuance of the permit or if work stops for a twelve (12) month period. 

154.090 TEMPORARY USE PERMITS.

(A) Purpose. 
•  No use that is classified as a temporary use in the land development district in which it is located shall be placed or established on the property without first receiving a temporary use permit from the planning department. 

(B) Pre-application Procedure.
•  No pre-application procedure is required prior to applying for a temporary use permit.

(C) Plan Submittal.

(1) Filing of Application.
•  An application for a temporary use permit may be filed by the owner of the property or by an agent specifically authorized by the owner to file such application. 
•  The application for a temporary use permit shall be filed in the planning department on a form provided by the department

(2) Fees.
•  A permit fee, as established by the Waynesville Board of Aldermen, shall be submitted with the application. 

(3) Information Required.
•  The application shall contain all information required on the form and any additional information deemed necessary by the department to reviewing the application for the permit.

(D) Staff Review.
•  The planning department shall review the application and approve, approve with conditions or deny the application. 

(E) Public Notification.
•  No public notification is required for a temporary use permit request.

(F) Formal Review.
•  No formal review of temporary use permit applications is required. 

(G) Variances.
•  Requests for variance from the requirements for temporary uses set forth in this chapter shall be heard by the board of adjustment under the procedures established at Sec. 154.084.

(H) Appeals.
•  Appeals of the decisions of the planning department of any temporary use permit application shall be heard by the board of adjustment under the procedures established at Sec. 154.085.

(I) Permit Validity.
•  The temporary use permit shall be valid only for the time period stated on the permit, which in no event shall exceed the time periods set forth in Sec. 154.310.

154.091 CERTIFICATE OF OCCUPANCY.

(A) Purpose.
•  Issuance of a certificate of occupancy shall be required prior to the occupancy or use of any new construction and re-occupancy or re-use of any renovation/rehabilitation in the Town of Waynesville.
•  Certificates of occupancy insure that a completed development project has complied with all the applicable requirements of the North Carolina Building Code and all other applicable federal, state and local regulations. 
•  Certificates of occupancy must be signed by building inspections staff, planning staff and public works staff to certify compliance with applicable regulations. 

(B) Pre-application Procedure.
•  Although a pre-application conference is not required, applicants are encouraged to contact the building official prior to requesting a certificate of occupancy to discuss the procedure.

(C) Plan Submittal- Filing of Application.
•  A request for a certificate of occupancy may be made by the owner of the property or by an agent authorized by the owner to make the request. 

(D) Staff Review.
•  Upon receipt of the request for a certificate of occupancy, the building official, planning department and public works department shall inspect the project site for compliance with the approved site plan or subdivision plat and the applicable standards of this chapter and the North Carolina State Building Code. 
•  The applicant shall be notified of any deficiencies in the building(s) or site that prevent the issuance of the certificate of occupancy or the certificate shall be issued.

(E) Public Notification.
•  No public notification is required for requests for certificate of occupancy.

(F) Formal Review.
•  No formal review of requests for certificate of occupancy is required.

(G) Variances.
•  There are no provisions for a variance from the requirement that a certificate of occupancy be issued for all new construction and renovation/rehabilitation.

(H) Appeals.
•  Appeals of the decision of the planning department relating to an application for a certificate of occupancy and the provisions of this chapter shall be heard by the board of adjustment under the procedures set forth in Sec. 154.085.

Sec. 154.092 ZONING VESTED RIGHTS APPROVAL.

(A) Purpose. 
•  The zoning vested right is a right which is established pursuant to NCGS Sec. 160A-385.1 to undertake and complete the development and use of property under the terms and conditions of an approved site specific development plan.
•  Obtaining a zoning permit or preliminary plat subdivision approval through the vested rights procedure gives the applicant the right to start construction of the development as approved within two (2) years of approval.

(B) Pre-application Procedure.
•  The applicant shall meet with the planning department prior to submitting an application to inquire about specific zoning requirements and obtain the proper application forms.
•  The applicant shall be advised of all necessary information and requirements of the vested rights procedure.

(C) Plan Submittal.

(1) Filing of Application.
•  In order to apply for site plan review under the vested rights procedure, the applicant must indicate his/her intent to obtain vested rights in the form of a letter to the planning department. 

(2) Fees.
•  An application fee as established by the Waynesville Board of Aldermen shall be submitted with the application. 

(3) Information Required.
•  The application shall contain all information required on the form and a detailed site plan of the proposed development

(D) Staff Review.
•  The planning department shall review the application and accompanying site plan for compliance with the requirements of this chapter and other applicable regulations and schedule the matter for a public hearing before the Waynesville Board of Adjustment.

(E) Public Notification.
•  A public notice shall be prepared which indicates the official receipt of an application for a vested right and details the nature of the project proposal and the location of the property on which the development is to occur.  The notice shall also contain all information pertinent to the public hearing before the board of adjustment.
•  The notice of the hearing shall be published in a newspaper of general circulation at least five (5) days prior to the date on which the application is to be considered.
•  The notice shall also be mailed to the owners of property within one hundred (100) feet of the property in question at least ten (10) days before the date of the public hearing at which the request will be heard. 

(F) Formal Review.
•  Requests for vested rights for site plans and subdivisions shall be scheduled for review at the next regular meeting of the Waynesville Board of Adjustment.  At this time, the board of adjustment shall hold a public hearing to review the site plan and evaluate its conformance with the requirements of this chapter and other applicable requirements of the Town of Waynesville.
•  Following the public hearing, the board shall take one of the following actions:
 Approve the vested rights request.  The planning department is then directed to issue a vested rights zoning permit.
 Approve the vested rights request subject to conditions which are necessary to protect the public health, safety and welfare.  The planning department is then directed to issue the vested rights zoning permit subject to the changes in the site plan to be made by the developer.
 Table the vested rights request pending the submittal of additional information.

(G) Variances.
•  The board of adjustment shall hear variances from the development standards established by this chapter under the procedures set forth in Sec. 154.084.
•  Approval of a site specific development plan with the condition that a variance be obtained shall not confer a zoning vested right unless and until the necessary variance is obtained. 

(H) Appeals.
•  Appeals from a decision of the Waynesville Board of Adjustment shall be taken to the Superior Court of Haywood County.

(I) Vested Rights Duration. 
•  A zoning right that has been vested as provided in this section shall remain vested for a period of two (2) years. 
•  Upon issuance of a building permit, the expiration provisions for the building permit shall apply, except that a building permit shall not expire or be revoked because of the running of time while a zoning vested right under this section is outstanding. 
•  A zoning vested right shall terminate at the end of the applicable vesting period with respect to buildings and uses for which no valid building permit applications have been filed. 
•  The town may terminate the zoning vested rights upon payment to the affected landowner of compensation for all costs, expenses and other losses incurred by the landowner, including, but not limited to, all fees paid in consideration of all financing and all architectural, legal and other fees incurred after approval by the town. 
•  The zoning vested right may be terminated upon the enactment or promulgation of a state or federal law or regulation that precludes development as contemplated in the site specific development plan.  In such a case the Waynesville Board of Aldermen may, by ordinance, after notice and a hearing, modify the affected provisions upon a finding that the change in state or federal law has a fundamental effect on the plan. 
•  A zoning vested right is not a personal right but shall attach to and run with the applicable property.  After approval of a site specific development plan, all successors to the original landowner shall be entitled to exercise such right while applicable.
•  Nothing in this section shall prohibit the revocation of the original approval or other remedies for failure to comply with applicable terms and conditions of the approval or this chapter. 

154.093 AMENDMENTS.

(A) General.
•  The Waynesville Board of Aldermen may from time to time amend any part of the text of this chapter or amend the land development map of the town. Such amendments shall be made in accordance with the Land Development Plan for the town.

(B) Initiation of Amendments.

(1) Text Amendments.
•  Amendments to the text of this chapter may be initiated by:
- The Waynesville Board of Aldermen.
- The Waynesville Planning Board.
- The Board of Adjustment of Waynesville.
- The Town of Waynesville Planning Department.

(2) MapAmendments.
•  Amendments to the land development map of the town may be initiated by:
- The Waynesville Board of Aldermen.
- The Waynesville Planning Board.
- The Board of Adjustment of Waynesville.
- The Town of Waynesville Planning Department.
- Any owner of a legal or equitable interest in the property for which the map amendment is being requested.

(C) Petition Requirements.

(1) Pre-application Conference.
•  Before filing a petition of an amendment an applicant (if an owner requesting a map amendment) shall meet with the planning department to discuss the proposed amendment or request and to become more familiar with the applicable requirements and approval procedures of the town.

(2) Filing of Application.
•  A petition for an amendment to the town's official land development map shall be filed on a form provided by the planning department.  Such a petition shall contain all the information required on the form. 
•  An application fee, as established by the Waynesville Board of Aldermen shall be submitted with the application.
•  The schedule for meetings of the planning board and application deadlines for such meetings shall be kept in the office of the Waynesville Planning Department.

(D) Staff Review.
•  The planning department shall review the petition and schedule the matter for consideration a the next available meeting of the Waynesville Planning Board. 
•  The planning department shall prepare a staff evaluation and recommendation on the petition.

(E) Planning Board Review.
•  All proposed amendments shall first be submitted to the planning board for study and recommendation. 
•  The planning board shall conduct a hearing on the proposed amendment and shall make recommendations to the Waynesville Board of Aldermen regarding whether to approve or deny each proposed amendment within thirty-two (32) days of its first consideration on the matter.
•  If the planning board makes a favorable recommendation, the matter shall be scheduled a public hearing before the Waynesville Board of Aldermen.
•  If the planning board makes a negative recommendation, the petitioner may, within thirty (30) days after written notification from the town clerk, request that a public hearing be held by the Waynesville Board of Aldermen on the matter.  This appeal process does not apply to amendments initiated by the board of aldermen or planning department.   These amendments go immediately to the board following a recommendation by the planning board. 

(F) Public Notification.
•  Before a public hearing is held by the board of aldermen on a land development map or text amendment, a notice of the public hearing shall be published in a newspaper of general circulation in the town once a week for two (2) successive weeks.  •  The first publication shall appear no less than fourteen (14 days or more than twenty-five (25) days prior to the date fixed for the public hearing. 
•  The notice shall include the time, place and date of the hearing and include a description of the property or the nature of the change or amendment to this chapter or the official land development map.  
•  A notice of the public hearing on a land development map amendment shall also be mailed (first class mail) to the owners of all land affected by the amendment as well as to the owners of all parcels of land abutting the affected property.
•  The mailed notice shall contain the same information contained in the published notice and shall be mailed at least ten (10 but not more than twenty-five (25) days prior to the date of the public hearing.
•  The aforementioned first class mail notice shall not be required if the land development map amendment directly affects more than fifty (50) properties, owned by at least fifty (50) different property owners.  When this occurs, the town may use the expanded published notice provisions found in the North Carolina General Statutes at Section 160A-384.
- A sign shall be posted on or immediately adjacent to the subject area at least fourteen (14) days prior to the public hearing before the Board of Aldermen.

(G) Review by Board of Aldermen.
•  Following receipt of a recommendation or appeal of a proposed amendment, the Waynesville Board of Aldermen shall conduct a public hearing on the matter. 
•  Upon reviewing all of the pertinent information, the Waynesville Board of Aldermen may:
 Adopt the proposed amendment.
 Adopt the proposed amendment with modifications. 
 Reject the proposed amendment.
 Refer the proposed amendment back to the Waynesville Planning Board for further consideration. 

(H) Protests.

(1) General.
•  In the event that the Waynesville Board of Aldermen receive a written petition protesting any change to the zoning map or the text of this chapter, which is signed by the owners of twenty (20%) percent or more of either:
 Of the area of the lots included in such proposed change.
 Of those lots immediately adjacent thereto either in the rear thereof or on either side thereof, extending one hundred (100) feet therefrom.
 Of those lots directly opposite thereto extending one hundred (100) feet from the street frontage of such opposite lots. 
An amendment, under these circumstance shall not become effective except by favorable vote three-fourths (3/4) of all the members of the Waynesville Board of Aldermen. 

(2) Protest Validity.
•  A protest petition shall be valid, effective and accepted for the purposes of this section only if it is submitted on a form prescribed and furnished by the town clerk and if said petition contains all information required on the form.
•  A protest petition may be withdrawn only by means of a written withdrawal signed by all of the persons who signed the protest petition. 

(I) Waiting Period for Subsequent Applications.
•  When an application for an amendment has been approved or denied by the Waynesville Board of Aldermen, no application shall be considered on the same issue within the next twelve (12) months after approval or denial. 
•  This waiting period may be waived by the Waynesville Board of Aldermen (three-fourths vote required) if it determines that there have been substantial changes in conditions or circumstances which may relate to the request. 

SEC. 154.094. DESIGNATION OF HISTORIC LANDMARKS.

(A) General.
•  Upon complying with the required landmark designation procedures set forth herein, the Waynesville Board of Aldermen may adopt and from time to time amend or repeal an ordinance designating one or more historic landmarks. 
•  No property shall be recommended for designation as a landmark unless it is deemed and found by the historic preservation commission to be of special significance in terms of its historical, prehistorical, architectural or cultural importance, and to possess integrity of design, setting, workmanship, materials, feeling and/or association.

(B) Designation Procedure.

 (1) Inventory of Possible Landmarks.
•  As a guide for the identification and evaluation of landmarks, the Historic Preservation Commission of the Town of Waynesville shall, at the earliest possible time and consistent with the resources available to it, undertake an inventory of properties of historical, architectural, prehistorical and cultural significance within the land development jurisdiction of the town.

(2) Creation of Ordinance for Designation.
•  Once a potential landmark has been identified, the planning department shall draft an ordinance for the designation of said property as an official historic landmark.
•  The ordinance shall describe the property designated in the ordinance, the name or names of the owner or owners of the property, those elements of the property that are integral to its historical, architectural or prehistorical value, including the land area of the property so designated and any other information the governing board deems necessary.
•  For each building, structure, site, area or object so designated as a landmark, the ordinance shall require that the waiting period set forth in this chapter be observed prior to its demolition. 

(3) Opportunity for Comment from the State of North Carolina.
•  Once the ordinance is drafted, the historic preservation commission shall make or cause to be made an investigation and report on the historic, architectural, prehistorical, educational or cultural significance of each building, structure, site, area or object proposed for designation or acquisition.  Such report shall be forwarded to the Division of Archives and History, North Carolina Department of Cultural Resources.
•  The Department of Cultural Resources, acting through the State Historic Preservation Officer, or his or her designee, shall either upon request of the Department or at the initiative of the commission be given an opportunity t review and comment upon the substance and effect of the designation of any landmark.  All comments will be provided in writing.  If the department does not submit its comments to the historic preservation commission within thirty (30) days following receipt by the department of the report, the commission and the board of aldermen shall be relieved of any responsibility to consider such comments.

(4) Public Hearing and Decision by the Board of Aldermen.
•  The historic preservation commission and the board of aldermen shall hold a joint public hearing (or separate public hearings) on the proposed ordinance. 
•  Reasonable notice of the time and place thereof shall be given.
•  Following the public hearing(s), the board of aldermen may adopt the ordinance as proposed, adopt the ordinance with any amendments it deems necessary, or reject the proposed ordinance.

 (5) Following Adoption.
•  Upon adoption of the ordinance the owners and occupants of each landmark shall be given written notification of such designation insofar as reasonable diligence permits. 
•  One copy f the ordinance and all amendments thereto shall be filed by the commission in the office of the Register of Deeds of Haywood County.
•  Each landmark shall be indexed according to the name of the owner of the property in the grantor and grantee indexes in the Register of Deeds office and the commission shall pay a reasonable fee for filing and indexing.
•  A second copy of the ordinance and all amendments thereto shall be kept on file in the office of the Waynesville Town Clerk and be made available for public inspection at any reasonable time.
•  A third copy of the ordinance and any amendments thereto shall be given to the building inspector for the Town of Waynesville. 
•  The fact that a building, structure, site or area has been designated a landmark shall be clearly indicated on all tax maps maintained by Haywood County for such period as the designation remains in effect.
•  Upon the adoption of the landmark ordinance or any amendments thereto, it is the duty of the historic preservation commission to give notice thereof to the tax supervisor of Haywood County. 
•  The designation and any recorded restrictions upon the property limiting its use for preservation purposes shall be considered by the tax supervisor in appraising it for tax purposes.
•  A suitable sign for each property designated as a landmark may be placed on the property at the owner?s consent; otherwise, a sign may be placed on a nearby right-of-way.

154.095-99. RESERVED.