§ 8.6. Procedures for Nonresidential BR (By-Right) Developments

A.

Overview; Nonresidential By-Right Development. Uses designated "BR" under the column, "Use Group," in the Table of Principal Permitted Uses, Section 5.2, are uses approved by the Administrator and do not require Board of Commissioner review or approval. Such BR uses require various Land Development Permits and/or a Building Permit and Certificate of Occupancy. All nonresidential by-right development (or a change of BR use that would require addition or expansion of improvements) requires submission of a Site Plan pursuant to this Section.

B.

Approval Process. The process for approval of Nonresidential By-Right Development is:

1.

Pre-Sketch Drawing (Mandatory). An Applicant for a Nonresidential By-Right Development shall submit a Pre-Sketch Drawing in accordance with Subsection 8.3(A)(1) and the requirements of Subsection 8.2(B)(1).

2.

Initial Information Meeting with Staff (Mandatory). All applicants for a Nonresidential By-Right Development shall have an initial information meeting with the Administrator in accordance with Subsection 8.3(A)(2).

3.

Public Information Meeting (Mandatory any proposed development project which meets the traffic thresholds requiring a Traffic Impact Analysis). Where the applicable traffic thresholds are met, the Applicant for a Nonresidential By-Right Development approval shall conduct a PIM in accordance with Subsection 8.3(A)(3) and submit and utilize the information gathered at the PIM when and as required in this Article 8.

4.

Traffic Impact Analysis (Mandatory if thresholds for traffic are met for Nonresidential By-Right Developments). All Applicants for Nonresidential By-Right Developments shall prepare and submit a TIA to the Administrator if the applicable daily or peak hour trips threshold requirements are satisfied in accordance with Subsection 8.3(A)(4).

5.

Sketch Plan (Mandatory). All Applicants for Nonresidential By-Right Developments shall prepare and submit a Sketch Plan to the Administrator in accordance with Subsection 8.3(A)(5) and the requirements of Subsection 8.2(B)(2). Note: A PCO Concept Plan is typically required for submission to the Stormwater Administrator at this time (see Article 6, Section 6.8). Some Nonresidential By-Right Developments may be exempt from submission of a PCO Concept Plan based on the exemptions listed in Article 6, Section 6.8, but in such event, a Sketch Plan is still required for submission to the Town.

6.

Initial Staff and TRC Review (Mandatory). In connection with all applications for Nonresidential By-Right Development, the Town staff and TRC shall review the Sketch Plan and TIA (if applicable) in accordance with Subsection 8.3(A)(6) above. Note: The Stormwater Administrator usually reviews the PCO Concept Plan at this time (see Subsection 8.3(A)(6) and Article 6, Section 6.8).

7.

Formal Application and Site Plan Submittal (Mandatory). After the Applicant has completed each of the applicable mandatory preapplication steps above, the Applicant may then submit the requisite number of hard copies of the completed application form meeting the requirements set forth in Subsections 8.2(B)(3), 8.3(B)(1) and the UDO Admin Manual. At the same time, the Applicant shall submit an application for the required Land Development Permits. The application shall be submitted to the Administrator for review and approval.

8.

Formal Staff and TRC Review (Mandatory). The Administrator and TRC shall review the application and the Site Plan to determine whether it complies with this Ordinance and provide detailed comments for how the Applicant can bring the application into compliance with this Ordinance. The Applicant may then resubmit a revised Site Plan and the Administrator may either provide another set of comments and opportunity for revision or approve or deny the application.

a.

Application Resubmission. In the event the application is formally denied, the Applicant may make revisions to the Preliminary Site Plan in accordance with the comments received from the Administrator or TRC, or both. The Applicant may resubmit the application for review and approval along with the applicable filing fee.

9.

Issuance of Applicable Land Development Permits (Mandatory). Subject to Subsection 8.3(B)(7), after Administrator approval, the Town will release the administrative hold on all Land Development Permits in the LUESA system and the Administrator (currently through Mecklenburg County LUESA) shall issue appropriate Land Development Permits based on the Site Plan and compliance with applicable Ordinance provisions and other applicable legal requirements.

10.

Building Permit (Mandatory). The Administrator shall issue a Building Permit upon compliance with applicable Ordinance provisions and other applicable legal requirements in accordance with Subsection 8.3(B)(8).

11.

Certificate of Occupancy (Mandatory). Upon completion of construction and compliance with all applicable laws, ordinances and regulations, a Certificate of Occupancy shall be issued in accordance with Subsection 8.3(B)(9).

C.

Approval Requirements for By-Right Developments. The Administrator shall approve a proposed By-Right Development as long as it meets the requirements of this Ordinance and any other applicable laws and regulations.

D.

Expiration of Approval for By-Right Developments. Administrator approvals of By-Right developments shall not expire; however, in the event a change in this Ordinance creates a situation whereby a previously approved by-right development becomes nonconforming, then an Applicant shall comply with the new requirements unless the Administrator determines a vested right exists.

E.

Amendments for By-Right Developments. An Applicant may submit amendments any time after the Administrator's approval of a Site Plan. Once the Administrator has reviewed and approved a Site Plan, any amendment requiring Administrator review and approval shall also require payment of the applicable filing fee.

(Ord. No. 598, 4-14-2011)