Article 3: Applications and Permits

Sec. 3.1. Interpretation of this Ordinance

3.1.1. Applicability

A. When uncertainty exists, the director of the appropriate department, or designee, as identified below, shall be authorized to make all interpretations concerning the provisions of this Ordinance. In making these interpretations, all provisions shall be:

1. Considered as minimum requirements;

2. Liberally construed in favor of the governing body;

3. Deemed neither to limit nor repeal any powers granted under State statutes; and

4. Require application of the more stringent provisions wherever the provisions of this ordinance appear to impose conflicting provisions that cannot otherwise be reconciled.

B. Interpretation Authority

The Planning Director, or Assistant Director in matters involving a conflict of interest, shall make all interpretations of this Ordinance, but shall not make interpretations regarding the following sections:

1. Sec. 3.8, Sedimentation and Erosion Control, Sec. 12.10, Sedimentation and Erosion Control, and Sec. 15.5, Sedimentation and Erosion Control Enforcement and Penalties, the County Engineer, or designee, shall be authorized to make all interpretations concerning the provisions of these sections.

2. Sec. 8.4, Floodplain and Flood Damage Protection Standards, the Inspections Director, acting as the Floodplain AdministratorClosed The individual appointed to administer and enforce the floodplain management regulations. The Planning Director or designee serves as the Floodplain Administrator pursuant to paragraph 3.21.2, Floodplain Administrator., or designee, in consultation with the Planning Director, shall be authorized to make all interpretations related to this section.

3. Paragraph 12.3.1, Street Layout, the Public Works Director or City Transportation Director or designee, as applicable, shall be authorized to make all interpretations concerning the provisions of this section.

4. Sec. 12.8, Stormwater Management, the Public Works Director or County Engineer or designees, as appropriate, shall be authorized to make all interpretations concerning the provisions of this section.

5. All interpretations of matters relating to the North Carolina BuildingClosed As defined in the North Carolina Building Code, as amended, or the North Carolina Residential Code for One and Two-Family Dwellings, as amended, as applicable. Code shall be made by the Inspections Director or designee.

6. The Planning Director may defer interpretations of this Ordinance to appropriate City and/or County officials.

C. Other than official interpretations of this Ordinance issued by the authority indicated in paragraph 3.1.1B, Interpretation Authority, and permit and application approvals, the Planning Department does not issue interlocutory determinations or interpretations.

3.1.2. Application Requirements

A request for interpretation shall be submitted in writing.

3.1.3. Action by Planning Director

A. The Planning Director shall:

1. Review and evaluate the request in light of the text of this UDO, the Official Zoning Map, the Comprehensive PlanClosed The overall development plan for the community which has been officially adopted to provide long-range development policies including all specified individual elements thereof among which are the plans for land intensities; land subdivision; circulation; and community facilities, utilities and services. and any other relevant information;

2. Consult with the Inspections Director or designee and coordinate with other staff, including the City or County Attorney, as necessary; and

3. Render an opinion.

B. The interpretation shall be provided to the applicant in writing.

3.1.4. Official Record

The Planning Director or designee shall maintain an official record of all interpretations. The record of interpretations shall be available for public inspection during normal business hours.

3.1.5. Constructive Notice

Pursuant to NCGS § 160D-403(b), an applicant seeking an interpretation shall take the steps to provide constructive notice of the interpretation on the subject property as follows:

A. Sign

1. A signClosed Any words, lettering, parts of letters, figures, numerals, phrases, sentences, emblems, devices, structures, designs, trade names, or trade marks by which anything is made known such as are used to designate an individual, a firm, an association, a corporation, a profession, a business, or a commodity or products, which are legible from any public street or adjacent property and used to attract attention. This definition includes the structure or the face on which a sign message is displayed. For the purposes of this Ordinance, this definition shall not include "trade dress" i.e.: architectural features identified with a product or business, as a sign. visible from each street frontageClosed The boundary of a property adjacent to one side of a street. shall be posted on the property for at least 10 days.

2. The signsClosed Any words, lettering, parts of letters, figures, numerals, phrases, sentences, emblems, devices, structures, designs, trade names, or trade marks by which anything is made known such as are used to designate an individual, a firm, an association, a corporation, a profession, a business, or a commodity or products, which are legible from any public street or adjacent property and used to attract attention. This definition includes the structure or the face on which a sign message is displayed. For the purposes of this Ordinance, this definition shall not include "trade dress" i.e.: architectural features identified with a product or business, as a sign. shall contain the words “Official Interpretation” in letters at least 6 inches high and shall identify the means to contact a local government staff member for information about the interpretation.

B. Verification

Verification of the posting in compliance with these requirements shall be provided to the staff member responsible for the interpretation.

3.1.6. Appeal

Final action on an official interpretation of this Ordinance by the Planning Director or designee may be appealedClosed Request for review of a final order, interpretation or decision by any administrative official authorized to make such decision. in accordance with Sec. 3.15, Appeal of Administrative Decision.