2.1 Summary of Ordinance Administration and Review Roles

Intro

2.1 Summary of Ordinance Administration and Review Roles

2.1.1 Ordinance Administration and Review Bodies

The following entities shall have roles in administering the provisions of this Ordinance:

(A) Town Council;

(B) Planning and Zoning Board;

(C) Zoning Board of Adjustment;

(D) Town Center Review Commission;

(E) Parks, Recreation, and Cultural Resources Advisory Board;

(F) Public Art Advisory Board; and

(G) Staff departments.

Information regarding membership and operating procedures for each of these entities may be obtained from the Town Code of Ordinances.

2.1.2 Summary Table of Administration and Review Roles

Table 2.1-1 summarizes the review and decision-making responsibilities of the entities that have specific roles in the administration of the procedures set forth in Chapter 3 and Chapter 4. The notes referenced in the last column are set forth at the end of the table. Other duties and responsibilities of the entities are set forth in the following sections.

2.1.3 Review by Others

Even though not referenced in Table 2.1-1, other boards, commissions, and/or committees may be asked to review some applications, including, but not limited to: rezonings, site plans, subdivisions, and planned development master land use plans.

TABLE 2.1-1: SUMMARY OF ORDINANCE ADMINISTRATION AND REVIEW ROLES NOTE: This table summarizes the general review and decision-making responsibilities for the procedures contained in Chapter 3. Exceptions to these general rules may apply; see Chapter 3 for complete details on each procedure. Review = Responsible for Review and/or Recommendation Hearing = Public Hearing Required Decision = Responsible for Final Decision to Approve or Deny Appeal = Authority to Hear and Decide Appeals
Procedure	Section	Town Council	Planning and Zoning Board	Zoning Board of Adjustment	Town Center Review Commission	PRCR Advisory Board	Staff Departments	Notes
Amendment to the Comprehensive Plan (Cosmetic)	3.2.1	Decision	Review	-	-	Review	Review/ Decision	[1]
Amendment to the Comprehensive Plan (Substantive)	3.2.2	Hearing/ Decision	Hearing/ Review	-	-	Review	Review	[1]
Amendment to LDO Text	3.3	Hearing/ Decision	Review	-	-	-	Review
Rezoning	3.4	Hearing/ Decision	Hearing/ Review	-	-	Review	Review	[5][8] [10]
Accessory Use Permit	3.5	-	-	Appeal	-	-	Review/ Decision
Permitted Use	3.6	-	-	-	-	-	Review
Temporary Use	3.7	-	-	Appeal	-	-	Review/ Decision
Special Use	3.8	Hearing/ Decision	-	-	-	-	Review
Subdivision Plan	3.9	Decision (some)/ Appeal	Review	-	Review (Town Center only)	Review -	Review/ Decision (some)	[2][3] [4][5]
Site Plan	3.9	Decision (some)/ Appeal	Review	-	Review (Town Center only)	-	Review/ Decision	[6]
Minor Alterations	3.10	-	-	-	-	-	Review/ Decision
Development in Flood Hazard Area	3.12	Appeal	-	-	-	-	Review/ Decision
Grading Permit	3.13	Appeal	-	-	-	-	Review/ Decision
Building Permit	3.14	Appeal	-	-	-	-	Review/ Decision	[9]
Certificate of Occupancy	3.15	Appeal	-	-	-	-	Review/ Decision
Sign Permit	3.16	-	-	Appeal		-	Review/ Decision
Vested Rights Certificate	3.17	Hearing/ Decision	Review	-	-	-	Review	[7]
Minor Modification	3.19	Decision	Review	Appeal	-	-	Review/ Decision
Variance	3.20	-	-	Hearing/ Decision	Review (Town Center only)	-	Review	[11]
Appeals from and review of any order, requirement, decision, or determination made by an administrative official including fines and penalties	3.21	Hearing/Decision (some)	-	Hearing/ Decision	-	-	Review	[12]
Tree Clearing Certificate	3.22	-	-	Appeal	-	-	Review/ Decision
Adequate Public Facilities for Roads and Transportation Development Fees	3.23	-	-	Appeal	-	-	Review/ Decision
Mixed Use Center Sketch Plan	4.4.2	Decision	Review				Review/ Decision	[13]
NOTES to Table 2.1-1: [1] The Parks, Recreation, and Cultural Resources Advisory Board reviews only those proposed amendments that involve the parks/recreation element of the Comprehensive Plan. [2] Both the Town Council and the Planning Director have final decision-making authority on subdivision plans; see Section 3.9. [3] The Town Council hears appeals of decisions of the Planning Director regarding subdivisions plans that are administratively approved by staff; see Section 3.9. [4] The Town Council hears appeals of decisions of the Planning Director regarding applications for changes to approved subdivision plats; see Section 3.9. [5] The Parks, Recreation, and Cultural Resources Advisory Board’s review of subdivision plans is limited to proposed dedications of land or fees-in-lieu of dedication. [6] The Town Council hears appeals of decisions of the Planning Director regarding initial site plan applications that are approved by staff, and also requests for changes to approved site plans; see Section 3.9. [7] The Planning and Zoning Board reviews vested rights certificates only if site plan approval also is needed. [8] Testimony during the public hearing for a rezoning before the Planning and Zoning Board is limited to aspects of the rezoning which have changed since the public hearing before the Town Council. [9] Appeal of Building Permit related issues goes to the North Carolina Building Code Council. [10] The Parks Recreation and Cultural Resources Advisory Board reviews the recreation land dedication proposals associated with PDD rezonings. [11] Variance requests from the Downtown Signage provisions (Section 9.6) must be reviewed by the Town Center Review Commission prior to review and decision by the Board of Adjustment. [12] The Town Council hears appeals related to development within the Flood Hazard Area and Grading Permits. [13] Mixed Use Center sketch plans may be reviewed by staff as defined in Section 4.4.2.

2.1.4 Membership and Procedures

Detailed information on membership criteria and review body procedures for each of the review bodies is located within Chapter 2 of the Town Code of Ordinances.

Cary, NC Land Development Ordinance On-line VIC Version - This site last updated 3/4/2008

Note: This is not the official version of the Cary Land Development Ordinance