§ 30-4. Process.

(a)

Any property to be developed under this chapter must be part of an approved new community plan or an infill plan as defined and set forth in article IV or V of this chapter, respectively.

(b)

Re-zoning procedures.

(1)

The procedure for rezoning to FlexCode Zone (FCZ) or transect zones (T1, T2, T3, T4, T4O, T5) as part of a new community plan or an infill plan or as standalone transect zones (T1, T2, T3, T4, T4O, T5) shall be the same as required for any other zoning district change.

(2)

Property zoned FCZ will require a subsequent rezoning to a new community plan as outlined in this section.

(c)

The rezoning application shall include the following:

(1)

For new community plans, regulating plans designate the precise location of all of the following:

a.

Transect zones;

b.

Civic zones, including civic spaces and civic buildings;

c.

Environmental standards;

d.

Special districts, if any;

e.

Thoroughfare network and block layout; and

f.

Special requirements, if any.

(2)

For infill community plans, regulating plans designate the precise location of all of the following:

a.

Transect zones;

b.

Civic zones, including civic spaces and civic buildings;

c.

Environmental standards;

d.

Special districts, if any;

e.

Thoroughfare network, existing or planned; and

f.

Special requirements, if any.

(d)

Submittals of new community plans and infill community plans shall also include additional information required by this chapter, such as:

(1)

Identification of pedestrian sheds and community types;

(2)

Requests for variances, if any; and

(3)

Proof of notice of proposed application to any recognized neighborhood association required to receive notice pursuant to section 66-32.

(e)

The process and procedure once an application is submitted shall be in accordance with the provisions of section 66-32, except that the application requirements specified in articles I, IV, and V of this chapter shall supersede the application requirements stated in chapter 66.

(f)

Once the property is rezoned to FlexCode Zone (FCZ) or a transect zone, the property owner is authorized to proceed under article IV or article V of this chapter, whichever is applicable, and article VI of this chapter. Building scale plans shall not be approved unless a new community plan or an infill community plan for the property has been approved, unless the property was rezoned directly to transect zones by the town.

(g)

Once the property owner receives approval of the required building scale plans from the technical review committee (TRC), the property owner must comply with the provisions of chapter 50 to receive plat approval, provided that any provisions concerning platting requirements that are specifically addressed in this chapter, shall take precedence over similar requirements in chapter 50. Prior to the submission of any plat, the property to be developed under this chapter must be part of an approved building scale plan. When reviewing a plat submitted in compliance with the provisions of this chapter, to include approval of the building scale plan, the zoning administrator shall determine whether the community scale plans and the building scale plans were approved by the TRC and whether the plat provisions contained in chapter 50, which are not addressed in this chapter, have been complied with.

(h)

Once a plat is approved, building permits may be issued only after approval of a complete building scale plan submitted in accordance with article VI of this chapter.

(i)

Should a violation of an approved new community plan, infill plan or building scale plan occur during construction, or should any construction, site work, or development be commenced without such an approved plan, the code enforcement officer has the right to require the owner to stop, remove, and mitigate the violation.

(j)

Should a violation of an approved regulating plan occur during construction, or should any construction, site work, or development be commenced without an approved regulating plan or building scale plan, the zoning administrator has the right to require the owner to stop, remove, and/or mitigate the violation, or to secure a variance to cover the violation.

(k)

Authorities.

(1)

The administration of this chapter shall include the following authorities: zoning administrator; technical review committee (TRC); board of adjustment; planning board; and town council.

(2)

Zoning administrator; functions, powers and duties. A zoning administrator, appointed by and responsible to the town manager, shall be responsible for administration and enforcement of this chapter as provided herein, with such assistance as the town manager may direct. For purposes of this chapter, the functions, powers and duties of the zoning administrator more specifically include:

a.

To determine whether applications for new community plans or infill community plans are in accord with the requirements of this chapter. No construction of infrastructure may commence without approval of zoning compliance by the zoning administrator.

b.

To determine whether applications for building permits as required by the building code are in accord with the requirements of this chapter. No building permit shall be issued without approval of zoning compliance by the zoning administrator.

c.

To determine whether the use of any structure or premises hereafter created, erected, changed, converted, enlarged or moved, wholly or partly, in use or in structure, is in accordance with this chapter and to issue a zoning compliance certificate if the plans and applications conform to applicable zoning regulations.

d.

To make determinations concerning uses where there is substantial doubt as to whether a particular use or uses, or classes of uses, or characteristics of use not specifically identified in this chapter are of the same general character as those listed as permitted.

e.

To coordinate and chair the work of the technical review committee.

f.

To serve in an advisory capacity on code matters to the planning board, the zoning board of adjustment, the town council, and other officers or agencies, and to prepare such reports as may be appropriate in that capacity.

(3)

Technical review committee.

a.

Establishment. There is hereby established a committee to be known as the technical review committee ("TRC"). The TRC shall consist of the zoning administrator, who shall serve as chair, and a member from each regulatory agency and town department having jurisdiction over the permitting of a project as determined by the zoning administrator. The TRC shall be responsible for administratively processing applications and plans for proposed projects.

b.

Functions, powers and duties.

1.

The geographic locations of the sectors and the standards for the transect zones shall be determined as set forth in articles II and IV through VI.

2.

Projects requiring no variances, shall be processed administratively without further recourse to public consultation. An owner may appeal a decision of the TRC to the planning board and may appeal a decision of the planning board to the town council.

3.

The TRC shall be responsible for approving adjustments to new community plans or infill plans, and approving building scale plans.

(Code 2003, § 31-4; Ord. No. 13-04, § 1(exh. A), 2-21-2013; Ord. No. 16-08 , § 1, 5-19-2016)