Draft Development Stds_2014!07!14

7/26/2019 Draft Development Stds_2014!07!14

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Cullowhee Community Planning AreaProposed DRAFTDevelopment Standards

July 14, !14

Commer"ial #C$

Permitted uses See Table of Permitted UsesUses Subject to

Additional Standards See Table of Permitted UsesConditional uses See Table of Permitted Uses; any development orredevelopment that exceeds 75!!! s"uare feet in#ross $oor areaProhibited uses Any use not listed as a permitted use subject toadditional standards or conditional use and speci%cally adultuses video&internet #amin# establishments'ot si(e !)*5 acre +,!-.! S/0 minimum lot si(e1ensity 2! d3ellin# units&acre'ot 3idth 5! ft minimum lot 3idth

4uildin# ei#ht 6! ft4uildin# setbacs

/ront ,5 ftSide ,! ft8ear *! ftShould #reater setbacs be re"uired for bu9erin# from streams or rivers for

landscapin# or other reasons the #reater setbac shall prevail:mpervious surface standard 7! maximum impervious surface'andscapin#&bu9erin# As re"uired by landscapin# standardsParin# and loadin# As re"uired by parin# standards; maximum of *ro3s of parin# permitted in front of buildin#+s0parin# permitted beside and behind buildin#

Pedestrian facilities A side3al meetin#


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'ot 3idth 5! ft minimum lot 3idth4uildin# ei#ht 6! ft4uildin# setbacs

/ront *5 ftSide ,! ft8ear *! ft

Should #reater setbacs be re"uired for bu9erin# from streams or rivers forlandscapin# or other reasons the #reater setbac shall prevail:mpervious surface standard 7! maximum impervious surface'andscapin#&bu9erin# As re"uired by landscapin# standardsParin# and loadin# As re"uired by parin# standardsPedestrian facilities A side3al meetin#


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:mpervious surface standard 7! maximum impervious surface'andscapin#&bu9erin# As re"uired by landscapin# standards)


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'andscapin#&bu9erin# As re"uired by landscapin# standards) acsonCounty?s @reen3ay aster Plan the easement for

the #reen3ay shall be dedicated to >acson Countyas a condition of project approval) The area 3ithinthe dedicated easement+s0 shall count to3ard the open

space re"uirements for the proposed development)=pen space standard ,! of property

Townhome Residential ( *ow Density #T)$Permitted uses See Table of Permitted UsesUses Subject to

Additional Standards See Table of Permitted UsesConditional uses See Table of Permitted Uses; any development thatcontains more than 6! units or 75 bedroomsProhibited uses Any use not listed as a permitted use subject toadditional standards or conditional use'ot si(e standards , acre minimum lot si(efor to3nhomes

/or sin#le family d3ellin#s lot si(es shall be those setforth in Sec 1ensity ,* units per acre +to3nhomes0

Sin#le family density determined by permitted lot si(e'ot 3idth standard ,!! ft minimum lot 3idth4uildin# hei#ht 6! ftSetbacs

/ront *5 ftSide *! ft8ear *5 ft


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Parin# and loadin# As re"uired by parin# standards; no parin#permitted in front of buildin#+s0 for to3nhomesparin# permitted beside and behind buildin#Pedestrian facilities A side3al meetin#


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and road fronta#es) :f a #reen3ay route is indicated ascrossin# the property to be developed as asubdivision on >acson County?s @reen3ay aster Plan the easement

for the #reen3ay shall be dedicated to >acson County as acondition of project approval) The area 3ithin thededicated easement+s0 shall count to3ard the open

space re"uirements for the proposed subdivisiondevelopment)=pen space standard As re"uired by Subdivision =rdinance

Par+s-pen Spa"e #P-S$Permitted uses See Table of Permitted UsesUses Subject to

Additional Standards See Table of Permitted UsesConditional uses See Table of Permitted UsesProhibited uses Any use not listed as a permitted use subject toadditional standards or conditional use'ot si(e standards )*5 acre +,!-.! S/0

1ensity


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Land Use Zoning District

Residential: C INST MF MFM T SF P!O

Accessory apartments P P P P P U N

Fraternity and Sorority Dwelling N N U U U N N

Duplees N N P P P U N

Dwellings! multi"#amily $more t%an 2 units on a single parcel or on contiguous

parcels owned &y t%e same owner! and are de'eloped o'er a period o# two $2(

years(

P P P P P N N

Dwellings! single #amily detac%ed N N P P P P N

Dwellings! single #amily attac%ed $)own%omes( P N P P P N N

*anu#actured %omes! +lass A N N U U U U N

*anu#actured %ome par,s N N U U U N N

Planned de'elopment P P P P U U N

Student rentals P P P P U U N

Recreational:

Ar&oretums P P N N N N P

+amps! campgrounds P N N N N N P

-ol# courses P N P P P P P

.ecreational uses! commercial indoor P N N N N N N

.ecreational uses! commercial outdoor P N N N N N N .ecreational uses! go'ernmental P N P P P N P

.ecreational uses! restricted to mem&ers%ip! non"pro#it P P P P P N P

%nstitutional

Adult day care centers P P P P N N N

+%ild day care centers P P P P N N N

+%urc%es P P P P P P N

+i'ic! social ser'ice! and #raternal #acilities P P P P N N N

+olleges P P N N N N N

/i&raries P P P P N N N

*edical centers P P N N N N N

Land Use Zoning DistrictC INST MF MFM T SF P!O

Sc%ools P P N N N N N

P"#lic!se$i%&"#lic0

Amp%it%eaters P P N N N N P

+ommunity centers P P P P P P N

+ommunity gardens U U U U U U P

+on#erence centers P P P N N N N

Firepolice stations P P P P P N N

*useums P P N N N N N

Post o##ices P P N N N N N

Pu&lic utilities and related #acilities P P P U U U N

O''ice!#"siness:

Automo&ile ser'ice stations $storage o# a&andoned and inopera&le 'e%icles pro%i&ited( P N N N N N N

a,eries P N N N N N N

ar&er s%ops and salons P N N N N N N

ars! nig%tclu&s + N N N N N N

ed and rea,#ast nns P P U U U U N

icycle s%ops P N N N N N N

oo,stores P N N N N N N

+andy! pastry! ice cream! co##ee! and snac, s%ops P N N N N N N


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+ar was%es U N N N N N N

+linics " medical! dental! psyc%iatric! optical P P N N N N N

+linics 'eterinary P P N N N N N

+omputer sales and ser'ice P N N N N N N

+on'enience stores P N N N N N N

Delicatessens P N N N N N N

Distri&uti'e &usinesses U N N N N N N

Dri'e t%roug% #acilities U U N N N N N

'ent 'enues U N N N N N N

Financial institutions P P N N N N N

Florists P N N N N N N

Fruit and 'egeta&le mar,ets P N N N N N N

-i#t s%ops P N N N N N N

7ardwaregarden supply stores P N N N N N N

7ealt% and #itness #acilities P 8 N N N N N

7ome occupations P P U U U U N

nstructional ser'ices P 8 N N N N N

/aundry and dry cleaning esta&lis%ments P N N N N N N

/odging #acilities P 8 N N N N N

*otor 'e%icle repair U N N N N N N

9##ices P P N N N N N 9utdoor storage U N N N N N N

P%armacies P P N N N N N

Plant nurseries! sales and green%ouses P N N N N N N

Printing and pu&lis%ing P N N N N N N

.estaurants P N N N N N N

.etail gasoline sales P N N N N N N

.etail sales P N N N N N N

.: Par,s N N U U U N N

Sel#"storage #acilities U N N N N N N

Studios! galleries! and wor,s%ops #or artists! cra#tspeople! designers! andp%otograp%ers

P 8 N N N N N

)%eaters P 8 N N N N N

Land Use Zoning DistrictC INST MF MFM T SF P!O

Ot(er:

Accessory structures P P P P P P N

Dri'e t%roug% #acilities U N N N N N N

*anu#acturing! assem&ly! or #inis%ing operations U N N N N N N

9utdoor storage U N N N N N N

Par,ing lots P P P P P N N

Planned de'elopment + + + + + + N

)elecommunication towers 8 8 8 8 8 8 N

/egend P ; Permitted Use U; Use Permitted! Su&


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+b0 Accessory apartment may be located in the same structure as theprincipal d3ellin# unit or in a separate structure

+c0 Accessory apartments shall be located only on lots containin# one sin#leFfamily detached structure and conformin# accessory structures)

+d0 =nly one accessory apartment shall be permitted per sin#leFfamilydetached d3ellin#)

+e0 Accessory apartments shall not be considered as additional d3ellin# unitsfor the purpose of determinin# minimum lot si(e or maximum density)+*0 4ed and 4reafast :nns

+a0


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*B acson County acson County Code of =rdinances) :n the case of electrical

1@


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interference no e"uipment or process shall be used 3hich createsvisual or audible interference in any radio or television receivers o9 thepremises or 3hich causes $uctuation in line volta#e o9 the premises)

EB Accessory buildin#s may be used for home occupations provided thebuildin# is not lar#er than *5!! s"uare feet #ross $oor area) :fmultiple buildin#s are used the total combined s"uare foota#e shall

not exceed *5!! s"uare feet #ross $oor area)7B Commercial drive3ay permits may be re"uired to assure traIc ha(ards

are minimi(ed) The drive3ay shall be located and improved such thatit provides all 3eather access and does not interfere 3ith other traIcusin# said drive) Any need for parin# #enerated by the conduct ofsuch home occupation shall be met o9 the street)

-B 4uildin#s material stora#e and operations used for home occupationsshall be setbac from side and rear property lines a minimum of 5!feet except for noise #eneratin# operations as determined by sta9 in3hich case the setbacs shall be a minimum of ,!! feet) The frontsetbac shall be a minimum of 6! feet and shall be measured from theproperty line or the ed#e of the road ri#htFofF3ay 3hichever is #reater)

.B To lessen the impact on adjacent properties visual screenin# shall beinstalled to provide at a minimum an GAH bu9er as described in section

),!B All re"uired permits from >acson County the


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+70 The home shall be placed on the lot such that the primary entrancefaces the front of the lot)

+.0 anufactured ome Pars+a0 anufactured home pars shall be located on 3ellFdrained sites that

shall be properly #raded to ensure rapid draina#e and freedom fromsta#nant pools of 3ater)

+b0 inimum lot si(e for a manufactured home par shall be 2 acres+c0 The maximum allo3able density in the manufactured home par shall

be - d3ellin# units per buildable acre +land area excludin# $ood3ays3etlands and slope in excess of t3entyF%ve +*50 percent0)

+d0 The par shall be bu9ered from all adjacent uses throu#h theinstallation of an GAH bu9er as detailed in article of this ordinance)

+e0 The operator&mana#er of a manufactured home par shall desi#nateand enforce a uniform type of underpinnin# of all manufactured homesin the community 3hich shall be maintained in #ood condition at alltimes)

+f0 The minimum land area re"uired for any mobile home space shall be-!!! s"uare feet)

+#0 Kach manufactured home shall be located at least *5 feet from anyother manufactured home structure 3ithin the par excludin# stora#ebuildin#s for use by residents of the home)

+h0


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+,0 All internal streets and roads shall be paved+*0 All internal streets and roads shall have a minimum travel3ay

3idth of ,E feet+20 Pedestrian trails or side3als meetin# the standards of >acson

County shall parallel all internal streets and roads)+60 A side3al meetin# acson

County shall abut all internal roads+#0 Ade"uate and suitable recreation facilities shall be developed 3ithin

the par consistin# of at least *!! s"uare feet of recreation area foreach mobile home space in the par) Safety convenience of the parresidents presence of existin# ve#etation and #ood draina#e are

amon# the features that shall be considered in locatin# therecreational areas)

+h0 A means for collection and disposal of #arba#e from each home mustbe provided) All #arba#e containers other than those for an individual8L site shall be screened and provided 3ith an enclosure 3ith a dooror #ate that can be closed)

+,60 =utdoor stora#e+a0 Stora#e of items shall be ancillary to the principal use)+b0 Stora#e areas shall be located to the side or rear of the principal

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structure+c0 =nly items sold or serviced by the business may be stored on the site)+d0 Areas containin# items stored for more than 6 consecutive days must

be screened from adjacent properties public ri#htsFofF3ay androad3ays 3ith an GAH bu9er as described in Section )

+,50 SelfFservice stora#e facilities

+a0 Shall be screened from adjacent properties public ri#htsFofF3ay androad3ays 3ith a GAH bu9er as described in Section )

+b0 Unenclosed stora#e of vehicles campers etc) shall be located at therear of the property)

+c0 All vehicles stored on the property shall be re#istered and operable)+,E0 Student rentals

+a0 aximum number of unrelated persons in home shall beB +,0 Three +20 unrelated persons if home is more than M mile from

DCU campus +*0 /ive +50 unrelated persons if home is M mile or less from DCU

campus+b0 Parin# must be provided as re"uired by section of this ordinance

3ith no parin# permitted in re"uired setbacs)

Conditional .sesThe follo3in# uses re"uire the #rantin# of a conditional use permit by the Cullo3heeCommunity Plannin# Council as provided for in Section of this ordinanceB

,) 4ars ni#htclubsa) All outdoor music events activities must end by ,!B!! Pb) All li#htin# must comply 3ith >acson County li#htin# standards

*) Cellular telecommunications to3ersa) ust be setbac *!!? from all residential structures on the same propertyand *!!? from the property line of a property used for residential purposesb) ust comply 3ith standards set forth in the >acson County Cellular

Telecommunications =rdinancec) /inal revie3 and approval by the >acson County 4oard of Commissionersas set forth in the >acson County Cellular Telecommunications =rdinance

2) Planned developmentsThe #oal of the Planned 1evelopment provisions is to encoura#e $exibility in thedevelopment of land and to provide tools and incentives for achievin# this $exibility)Use of the Planned 1evelopment option 3ill result in the more eIcient andeconomical use of land and resources) A mixture of uses and buildin# types ispermitted in Planned 1evelopments subject to limitations noted belo3) :ncentivesare provided to achieve #oals related to the more eIcient use of resources) ThePlanned 1evelopment provisions allo3 #reater $exibility in desi#n but may haveconditions attached durin# the approval process)

Approval of planneddevelopments by the Cullo3hee Community Plannin# Council in accordance 3iththe procedure set forth belo3 is re"uired)a) Permitted Uses ,) Planned 1evelopments in nonFresidential districts N any use identi%ed as apermitted use in any district in the Cullo3hee Plannin# Area 3ith the exception ofsin#le family home)

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*) Planned 1evelopments in residential districts F any use identi%ed as apermitted use in any district in the Cullo3hee Plannin# Area provided that the #rosss"uare foota#e of all nonFresidential uses shall not exceed ,5 of the total #rosss"uare foota#e of all uses)b) inimum 'ot Si(e

The minimum lot si(e for a planned development shall be one acre) Dithin the

planned development there shall be no minimum lot si(e for individual structures)c) 1ensity The base residential density shall be ,,! of the residential density of thedistrict in 3hich the planned development is proposed) 8esidential density may beincreased above the permitted base residential density in accordance 3ith theincentives identi%ed belo3)

,) =pen space exceeds the re"uirements of this ordinance N see section belo3)

*) 4est mana#ement practices such as bioretention and rain #ardens are usedto mana#e storm3ater "uality N density increase of 5

2)


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shall be determined by the use 3ithin the Planned 1evelopment that is adjacent tothe abuttin# property) Dithin the Planned 1evelopment parin# lots shall belandscaped and street trees provided as re"uired by Sec) 1issimilar uses 3ithinthe Planned 1evelopment shall be bu9ered from as each other as re"uired by thebu9erin# re"uirements of Sec)h) Parin# and 'oadin# Standards

Parin# and loadin# areas shall be provided as re"uired by Sec )i) Pedestrian /acilities A side3al or approved pedestrian trail shall be provided alon# all streetsabuttin# the property on 3hich the Planned 1evelopment is located) Side3alsand&or approved pedestrian trails shall connect all uses 3ithin the Planned1evelopment) Dithin parin# areas constructed as part of a Planned 1evelopmentpedestrian connections shall be provided to allo3 the safe movement of pedestriansthrou#h the parin# area) Pedestrian connections shall be provided from anyside3al or pedestrian facility abuttin# a street or road to the main entrance of anynonFresidential buildin# mixed use buildin# and&or any multiFfamily residentialbuildin#)

j) =pen Space A minimum of ,5 of the total land area of the Planned 1evelopment shall be setaside as open space) 1ensity bonuses shall be provided for the provision of openspace exceedin# the minimum amount as follo3sB

Amount of site provided as open space 1ensity 4onus*! F *5 5*E F 25 ,!2E F 65 ,5 O 65 *!

) Approval process Planned 1evelopments shall be considered a conditional use and shall be subject

to the approval process for conditional uses set forth in Sec)

*ands"aping and /u2ering standards3a. Purpose. The abundant and diverse tree and ve#etative cover found in theCullo3hee area contributes to the aesthetic "uality of the community andprovides numerous economic and ecolo#ical bene%ts) The landscapin# andbu9erin# standards set forth belo3 re"uire landscapin# bet3een dissimilar usesalon# streets and roads and in parin# areas in order to

+,0 Kncoura#e the preservation of existin# trees and ve#etation and replenishremoved ve#etation)

+*0 aintain and improve the visual "uality of the Cullo3hee Community andminimi(e potential ne#ative impacts of development such as noise dust #lare of

li#hts parin# lots heat and odor)+20 Provide a transition bet3een dissimilar land uses to protect abuttin#

properties from potential ne#ative impacts of nei#hborin# development andpreserve the character and value of a property and provide a sense of privacy)

+60 :mprove standards for "uantity location si(e spacin# protection andmaintenance of plants to assure a hi#h level of "uality in the appearance ofCullo3hee 3hile allo3in# $exibility to promote 3ell desi#ned and creativelandscape plantin#s)

+50 Provide environmental bene%ts such as climate modi%cation deceased

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ener#y consumption reduced storm3ater runFo9 decreased erosion improved3ater and air "uality and protection of 3ildlife habitat)b. General information.

+,0)Applicabilit+a0 4u9eryard plantin#s street trees and parin# lot trees and shrubs are

re"uired for developments 3ithin the Cullo3hee Community) The

follo3in# developments must brin# the entire site into compliance 3iththe re"uirements ofSection . of this ordinanceB

Any ne3 private or public commercial&nonFresidential development)

8enovations 3ith a total cost exceedin# 5! of the assessed valueof the buildin# accordin# to >acson County tax records)

Kxpansions exceedin# 5! of the preFexpansion $oor area or pavedsurface)

Kxistin# unpaved parin# lots that are paved over or existin# pavedlots that are demolished and repaved)

+b0 Kxpansions or additions that are less than 5! of the preFexpansion $oorarea and&or pavement surface must meet the landscapin# re"uirements

only in the area around the addition that is parallel to any ed#e of theexpansion area and extendin# to the property line or street pavemented#e)

+*0 !andscape plan re"uired. Applicants are encoura#ed to meet 3ith>acson County Plannin# 1epartment sta9 prior to submittin# a site plan todiscuss applicable landscape re"uirements other ordinance re"uirements andcoordination of plantin#s 3ith other construction activity) A landscape plandra3n to scale must be submitted 3ith the site plan and prepared in accordance3ith Site Plan 8e"uirements)

+20 Alternati#e compliance. The landscape re"uirements are intended to setminimum standards for "uality development and environmental protection; theyare not intended to be arbitrary or to inhibit creative solutions) Site conditions or

other reasons may justify the need to re"uest an alternative method ofcompliance 3ith the landscape re"uirements) The >acson County Plannin#1epartment sta9 may alter the landscape and bu9erin# re"uirements as lon# asexistin# or added landscape features of the development site comply 3ith theintent of this chapter) 8e"uests for alternative compliance shall be accepted ifone or more of the follo3in# conditions are metB

+a0 Topo#raphy #eolo#ic features draina#e channels or streams existin#

natural ve#etation overhead or under#round utilities or other conditions mae it

unreasonable or meanin#less to plant a bu9er or meet other landscape

re"uirements;

+b0 Space limitations (ero lot line development unusually shaped lots

uni"ue relationships to other properties and&or prevailin# practices in thesurroundin# area +such as the use of a speci%c type of ve#etation0 may justify

alternative compliance 3hen chan#in# the use of an existin# buildin# in a

developed area; or

+c0 An alternative compliance proposal is e"ual to or better than normal

compliance in its ability to ful%ll the intent of these landscape re"uirements and

exhibits superior desi#n "uality)

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The property o3ner or developer must submit a plan of the area for 3hichalternative compliance is re"uested to the >acson County Plannin# 1epartment)

The site plan shall sho3 the existin# site features and any additional material theproperty o3ner or developer 3ill plant or construct to meet the intent of thelandscape and bu9er re"uirements of this section) A section dra3in# may bere"uired if there are #rade chan#es that a9ect the character of the bu9er and

landscape re"uirements) :n addition the applicant must submit a 3rittenstatement describin# the need for alternative compliance) The Plannin#1epartment shall render a decision approvin# approvin# 3ith conditions ordenyin# the re"uest 3ithin ,! 3orin# days of revie3in# the re"uest foralternative compliance)

c. $%isting &egetation+,0 Preser#ation of e%isting #egetation. Preservin# existin# trees can improve the

aesthetic "uality of the site and improve property values provide environmentalbene%ts miti#ate the impacts of development on the community and helpminimi(e opposition to the proposed development) :t is recommended that#roups of trees be preserved as 3ell as individual trees) Kxistin# trees andshrubs that are preserved may be credited to3ard re"uired bu9er trees street

trees and parin# lot trees as speci%ed in subsection +c0+*0 belo3)+*0Credits and other incenti#es to preser#e e%isting #egetation. Kxistin# trees that

are preserved may be credited for re"uired trees as follo3sB

:n order to receive credit existin# ve#etation that is preserved must be in #oodhealth and condition) Trees desi#nated to be preserved must be indicated on thelandscape plans) Protective barriers must be sho3n on the landscape and#radin# plans in accordance 3ith the re"uirements of subsection +c0+20 belo3):f a preserved tree dies 3ithin *6 months of completion of the project it must bereplaced 3ith the total number of trees that 3ere credited to the existin# one)+20 Protection of e%isting trees during construction.

+a0. caliper tree ; 3 new trees

1? " 24 caliper tree ; 4 new trees25BC cali er tree ; 5 new trees


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buildin# construction process)Protective barriers shall consist of eitherB

A fence that is at least three feet hi#h and constructed in a post and railcon%#uration; or

A fence 3ith posts placed no further than ,! feet apart covered 3ith a 6Ffoot oran#e polyethylene laminar safety fencin#)

+b0) All contractors must be made a3are of the areas desi#nated forprotection)


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+a0 Utility lines should be located to cross perpendicular to a bu9eryard ifpossible to minimi(e the impact)

+b0 :f utility lines must run 3ith a bu9eryard they must be located alon# theed#e of the bu9eryard)

+c0 The developer should minimi(e the amount of plantin#s in the utilityeasement area so that they 3ill not have to be removed or pruned if the

utility line needs maintenance) :f the developer plans to plant in the utilityeasement approval must be obtained from the a9ected utility companies toensure that the plantin#s 3ill not interfere 3ith the installation operation ormaintenance of the utility lines) Trees and shrubs planted 3ithin the utilityeasement 3ill not count to3ard the bu9eryard plantin# re"uirement unlessthey are approved by the utility companies)

+50Placement of buerard plantings. The exact placement of the re"uiredplants shall be the decision of the developer or desi#ner but shall be approvedby the >acson County Plannin# 1epartment) Plants shall be placed in a mannerto serve as an e9ective screen yearFround 3hen vie3ed from an area accessibleto the public or from adjacent properties) Trees and shrubs should be planted atleast 5 feet from the property line to ensure maintenance access and to avoid

encroachment onto nei#hborin# property) +E0etermination of buerard re"uirements. To determine if a bu9eryard isre"uired bet3een t3o adjacent land uses and if so 3hat bu9eryard 3idth andplantin# density is re"uired the follo3in# procedure should be usedB+a0 :dentify the proposed land use and the adjacent land use+s0 on the list of

permitted uses found in section 7F2 of this ordinance)


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Any 1i9erent thanproposed use

, acre O, acre A bu9er

Any Same asproposed use

O, acre , acre A bu9er


O, acre O, acre 4 bu9er


O, acre O, acre 4 bu9er


O, acre , acre 4 bu9er


, acre O, acre 4 bu9er

Apartments *5

bedroomsAny Any Any A bu9er

Apartments O *5

bedrooms

Any O , acre Any 4 bu9er

KxampleB A property o3ner proposes to build a retail #ift shop onproperty containin# !)-6 acre) =n the 3est side of the property is a$orist shop on a !)55 acre lot)


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$%isting #egetation in the buer. Kxistin# ve#etation in the bu9er areamay be counted to3ard the re"uired plantin#s accordin# to section +c0+*0) The Plannin# 1epartment sta9 must approve the use of existin#ve#etation to meet the bu9er re"uirement)

+,*0 'uer reductions. The 3idth of the bu9er may be reduced up to 5!3ith the use of a fence or 3all) /ences and 3alls must meet the

follo3in# standardsB+a0 /ences or 3alls shall be constructed of 3ood bric stone or other

masonry +except plain bloc0 and be architecturally compatible 3ith theproposed structure) SeventyF%ve percent +750 of the fence or 3allmust be opa"ue 3ith any spaces evenly distributed) A detailed dra3in#of the fence or 3all must be sho3n on the site or landscape plan andapproved by the >acson County Plannin# 1epartment sta9)

+b0 /ences and 3alls shall be a minimum of EJ tall;+c0 The %nished side of the fence or 3all shall face the abuttin# property;

and+d0 A plantin# strip 3ith a minimum 3idth of 5J shall be located bet3een the

fence or 3all and the property line) The strip shall be planted 3ith trees

and&or shrubs on the side that faces the abuttin# property) The treesand&or shrubs shall be spaced no further than -J apart in order to screenat least 5! of the fence or 3all at maturity)

+e0 +creening of dumpsters2 loading doc,s2 outdoor storage areas2 andutilit structures. All dumpsters loadin# docs or utility structuresvisible from a public street or adjacent property line shall be screenedunless already screened by an intervenin# buildin# or bu9eryard)'andscapin# shall not interfere 3ith the access and operation of anysuch structure or facility) All unenclosed outdoor stora#e areas #reaterthan ,5 s"uare feet shall also be screened from adjacent properties andstreets) Screen types includeB

,0 A continuous hed#e of ever#reen and&or densely t3i##ed shrubs

planted in a 5J strip 3ith plants spaced no more than 5J apart or

a ro3 of ever#reen trees planted no more than -J apart)

*0 A fence or 3all 3ith a minimum hei#ht of EJ 3ith the %nished

side of the fence or 3all facin# the abuttin# property or the

street)

+f0 +treet trees. Street trees are re"uired for all ne3 nonFresidentialdevelopment) Street trees shall be re"uired at the rate of , lar#ematurin# +over 25J in hei#ht at maturity0 for every 6! linear feet ofproperty abuttin# a street or road or , small maturin# tree +less than 25Jin hei#ht at maturity0 for every 2! linear feet of property abuttin# a

street or road if overhead utility lines are present) This does not implythat trees must be spaced exactly 2!J or 6!J apart but may be clusteredto#ether 3ith a minimum spacin# of ,5J) Trees should be spaced nomore than E5J apart)

Street trees shall be placed in a plantin# strip on private property andnot 3ithin the street or road ri#htFofF3ay)


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plantin# area must be covered 3ith livin# material includin# #roundcover and shrubs or mulch so that no soil is exposed)


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vehicular use area bu9er re"uired) :f a fence or 3all is used at least ,shrub must be planted for every - linear feet of fence or 3all) Shrubsshould be evenly distributed on each side of the fence) 4erms and #radechan#es must be completely covered 3ith ve#etation) All shrubs plantedcan count to3ard the parin# lot landscapin# re"uirement)

*0+i3e of planting islands. Tree plantin# islands 3ithin vehicular use areas

shall be a minimum of ,5! s"uare feet and have no 3idth less than .feet)

20 Protection of trees. Plantin# areas and islands shall be protected bycurbin# bollards or parin# barriers if a tree or shrub is 3ithin E feet ofthe ed#e of the pavement) Trees in islands should be set bac at least 6feet from the ed#e of the island so as not to interfere 3ith car doorsopenin#)

+h0 /ulti4famil residential de#elopments.:n addition to other landscapin#re"uirements multiFfamily residential developments includin#to3nhome developments 3ith more than *! d3ellin#s shall provide onelar#e maturin# deciduous tree for every three d3ellin# units planted3ithin the re"uired open space on the property)

+i0 Compliance and maintenance.,0 Certi5cate of occupanc) 'andscapin# must be installed and inspected

prior to receivin# a certi%cate of occupancy for the construction)Le#etation shall be planted to ensure the best chance of survival and toreduce the potential expense of replacin# dama#ed plant materials) :fthe season or 3eather conditions prohibit plantin# the materials thedeveloper may provide a bond an irrevocable letter of credit or other%nancial surety in the amount of ,5! of the cost of installin# there"uired landscapin# to #uarantee the completion of the re"uiredplantin#) Upon approval of the %nancial surety the certi%cate ofoccupancy shall be issued) The %nancial surety shall be canceled and&orreturned upon completion of the re"uired landscapin#)

*0 /aintenance. The o3ner or lessee of the property on 3hich landscapin#is re"uired shall be responsible for the maintenance and protection of allplant and screenin# material) 'andscaped areas shall be maintained in#ood condition and ept free of debris) /ailure to maintain or to replacedead dama#ed or diseased plant material or to replace a broen fenceor 3all shall constitute a violation of this ordinance and shall be subjectto the penalty provisions set forth in section if no corrective action istaen 3ithin 2! days of receivin# notice) :f an act of @od or othercatastrophic event occurs that destroys a lar#e "uantity of ve#etationthe o3ner or lessee shall have ,*! days to replant) 8eplaced plantmaterial must comply 3ith the minimum si(e spacin# and "uantitystandards of this ordinance)

+j0 Plant speci5cationsb ,0Recommended plant species. (Appendi% ') The use of plant materials

that are indi#enous to the re#ion and readily available from localnurseries is encoura#ed)


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maturity) inimum si(e at plantin# shall be * inches caliper 3ith a ,* to,6 foot hei#ht)

+mall maturing deciduous tree6 'ess than 25 feet in hei#ht maturity)inimum si(e at plantin# shall be , Q inches in caliper 3ith an - to ,!foot hei#ht)

$#ergreen tree6 inimum hei#ht at plantin# shall be E feet)

eciduous shrub6 inimum si(e at plantin# shall be a 2 #alloncontainer or ,! inch root ball 3ith a hei#ht of ,- inches)$#ergreen shrub6 inimum si(e at plantin# shall be a 2 #alloncontainer or ,! inch root ball 3ith a hei#ht of ,- inches)

20Plant standards. All plants must meet the re"uirements of the mostrecent edition of the American Standards for


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c. O4street par,ing re"uirements.+,0 Number of spaces re"uired. The re"uirements for o9Fstreet parin#

are set forth in the table belo3) /or uses not listed in the table the>acson County Plannin# 1epartment shall determine theappropriate minimum and maximum number of parin# spacesbased on the needs of the proposed use and the #eneral #uidelines

belo3 referencin# the American Plannin# Association Plannin#Advisory Service 8eport


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T6P -F *A8D .S -8 PAR


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desi#nersTheaters 6 seatsSelfFservice stora#e facilities ,! stora#e units plus , space per *

employees

+*0Par,ing areas e%ceeding the re"uired number of spaces. The

number of parin# spaces for proposed use may exceed there"uired number of spaces identi%ed for that use; ho3ever if thenumber of parin# spaces exceeds the re"uired number of spacesfor that use by more than 5! the re"uired landscapin# for theparin# area shall be ,5! of that re"uired by section of thisordinance)

d. +hared and remote par,ing+,0 +hared par,ing. The >acson County Plannin# 1epartment shall

approve the joint use of up to ,!! of the re"uired parin# spacesfor * or more uses located on the same or adjacent parcelsprovided that the developer can demonstrate that the spaces

provided 3ill meet the need for parin#) This may be done bydemonstratin# that an ade"uate number of spaces are provided forall uses or by demonstratin# that the uses 3ill not overlap in hoursof operation or in demand for the shared spaces) Any sharin# ofre"uired parin# spaces by uses located on di9erent parcels shallbe #uaranteed by a 3ritten a#reement bet3een the o3ner of theparin# area and the o3ner of any use located on a di9erent parceland served by the parin# area)

+*0 Remote par,ing. :f the re"uired number of parin# spaces for anyland use cannot be reasonably provided on the same lot on 3hichthe principal use is located the parin# spaces may be provided onany land 3ithin 5!! feet of the property on 3hich the principal use

is located) The (onin# district re#ulations for the property on 3hichthe parin# is located must permit the principal use that theparin# spaces serve) Any remote parin# spaces located on adi9erent parcel than the use served shall be #uaranteed by a3ritten a#reement bet3een the o3ner of the remote parin# areaand the o3ner of the principal use)

e. Access point re"uirements. The follo3in# standards shall be met 3hendesi#nin# vehicular access points from public roads to individual nonFresidential properties

+,0 7idth of access points

+*0 istance from street intersections.The minimum distancebet3een access points and street intersections shall be 5! feet)

+20 istance from other access points. The minimum distance as

2>

Minimum Maximum 9ne"way 14 #t 2@ #t

)wo"way 24 #t 36 #t


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measured alon# the ri#htFofF3ay line or the ed#e of the road3ayfor private roads bet3een the ed#e of adjacent access points ondi9erent properties shall be 5! feet) The minimum distancebet3een the ed#e of adjacent access points on the same propertyshall be ,!! feet)

+60 istance from propert line. Unless the access point is shared

bet3een t3o or more adjoinin# properties all access points shallbe located at least 5 feet from all property lines perpendicular tothe road)

+50 +ites unable to meet distance re"uirements. /or sites 3ithinsuIcient road fronta#e to meet minimum spacin# re"uirementsconsideration shall %rst be #iven to providin# access viaconnection to a side road utili(ation of a joint or shared drive3ay3ith an adjacent property that meets the recommended spacin#re"uirement or development of a service road to serve multipleproperties) :f these options are not available the Plannin#1irector may #rant approval of an alternate access re"uest tain#into consideration access to the property and safety)

+E0 +treet or dri#e0a access permit) An application for a site speci%cStreet and 1rive3ay Access Permit shall be submitted to the


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+b0 Kxistin# 1evelopmentB

,) /or existin# development 3here the amount of impervioussurface is bein# expanded by *5 or more of the ori#inalamount and the total amount of impervious surface is lessthan 5!!! s"uare feet a storm3ater mana#ement system

concept plan is re"uired that follo3s the desi#n #uidelines#iven in the most recent edition of the +torm0ater 'est/anagement Practices /anual published by the


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+60 Computations and assumptions suIcient to support the desi#n ofpipin# draina#e structures retention&detention ponds andpermanent erosion control measures)

+50 'ocation of proposed structural storm3ater controls;+E0 'o3 impact desi#n elements;+70 'ocation of existin# and proposed conveyance systems such as #rass

channels s3ales and storm drains;+-0 /lo3 paths;+.0 'ocation of $oodplain&$ood3ay limits;+,!08elationship of site to upstream and do3nstream properties and

draina#es;+,,0'ocation of proposed stream channel modi%cations such as brid#e

or culvert crossin#s;+,*0Dhatever other narrative statements are necessary to ade"uately

describe the proposed site improvements)

The storm3ater mana#ement plan shall be %led 3ith the >acson CountyPlannin# 1epartment and a copy shall be simultaneously submitted to the

>acson Soil and Dater Conservation 1istrict at least 2! calendar daysprior to the commencement of the proposed activity)

e. +torm0ater Permit Re"uiredThe >acson County Plannin# 1epartment shall revie3 all storm3aterplans re"uired by this =rdinance to ensure compliance there3ith) :nmain# this determination the County shall use the +torm0ater 'est/anagement Practices /anual published by the


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Commissioners shall be due and payable upon submission of theapplication) :f a person initiates landFdisturbin# activity 3hich 3ould havere"uired a permit 3ithout obtainin# such a permit the Krosion Control=Icer is authori(ed to double the re#ular permit fee)

f. As4'uilt Plans and 8inal Appro#al. /or all developments subject to these

standards upon completion of a project and before %nal project approvalor a certi%cate of occupancy may be #ranted the applicant shall certifythat the completed project has been built in accordance 3ith the approvedstorm3ater mana#ement plans and desi#ns) The applicant shall submitactual Gas builtH plans for all storm3ater mana#ement facilities orpractices after %nal construction is completed) The plans shall sho3 the%nal desi#n speci%cations for all storm3ater mana#ement facilities andpractices and the %eld location si(e depth and planted ve#etation of allmeasures controls and devices as installed) The desi#ner of thestorm3ater mana#ement measures and plans shall certify under sealthat the asFbuilt storm3ater measures controls and devices are incompliance 3ith the approved storm3ater mana#ement plans and desi#ns

and 3ith the re"uirements of this ordinance) A %nal inspection andapproval by the County is necessary prior to the issuance of anycerti%cate of occupancy release of improvement #uarantee or other %nalapproval)

g. 9nspection and /aintenance of /easures.+,0 All storm3ater improvements must be maintained so they 3ill

continue to serve their intended functions) :f the storm3aterimprovements are to be turned over to a property o3nersassociation or a property o3ner the developer must maintainstorm3ater improvements until accepted by a property o3nersassociation or property o3ner) The developer must disclose 3hichparty 3ill be responsible for continued maintenance on the recordplat and on the storm3ater mana#ement plan) The developer 3illbe responsible for the installation operation and maintenance ofthe storm3ater controls until o3nership is conveyed) Theresponsibility and a#reement for operation and maintenance forthe storm3ater system is transferred 3ith title as each property isconveyed)

+*0 The County shall have the ri#ht to demand an inspection report atany time should there be reasonable belief that any storm3aterstructure or feature is constructed or bein# maintained in violationof this ordinance) Such inspection report shall be prepared by are#istered


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e) A statement that all inspected controls and features areperformin# properly and are in compliance 3ith the termsand conditions of the approved maintenance a#reementre"uired by this ordinance)

f) The si#nature and seal of the en#ineer surveyor orlandscape architect)

Should the storm3ater inspection reveal substantial maintenanceor repair recommendations it shall be the o3ner?s responsibility toretain a re#istered professional en#ineer or landscape architectcompetent in the area of storm3ater mana#ement to developplans and speci%cations for such repairs 3ithin 2! days from%ndin# that substantial maintenance or repair recommendationsare necessary) aintenance or repair 3or must commence 3ithinE! days and be completed 3ithin a reasonable amount of timefrom %ndin# that that substantial maintenance or repairrecommendations are necessary) The o3ner of each storm3atermeasure 3hether structural or nonFstructural in desi#n shall

maintain it so as not to create or permit a nuisance condition)

Fle=i/le development standarda. Purpose. This section provides the >acson County Plannin# 1epartment 3ith

the authority to permit deviations from the development standards forsetbacs lot 3idth and number of parin# spaces re"uired by this ordinanceprovided certain conditions are met) The $exible development standardsshall be administered in order to promote the orderly development andredevelopment of property 3ithin the Cullo3hee Community) 1ecisions shallbe in 3ritin# and conditions may be placed on the approval of $exibledevelopment standards to ensure that the intent of this ordinance isachieved) 1ecisions of the Plannin# 1epartment may be appealed to theCullo3hee Community Plannin# Council as outlined in section )b. 8le%ible standards permitted. The >acson County Plannin# 1epartment

may approve the follo3in# $exible development standard)+,0 +etbac,s. The Plannin# 1epartment is authori(ed to approve

deviations from the re"uired setbacs set forth in Article ofthis ordinance by up to ,! provided there are site or structuralconditions that preclude strict adherence to the setbacre"uirements or the proposed location of the structure 3ill allo3preservation of existin# ve#etation)

+*0 Par,ing. The Plannin# 1epartment is authori(ed to approveparin# lots for uses that have up to *5 less than the re"uirednumber of spaces set forth in section provided that theapplicant provides proof that the proposed number of spaces 3illmeet the needs of the use; the project is a redevelopment of anexistin# structure and there is insuIcient space on the site toaccommodate the re"uired parin#; or the reduced parin# 3illpermit the preservation of existin# ve#etation)

+20 !ot dimension. The Plannin# 1epartment is authori(ed to approvedeviations of up to ,! in the re"uired lot 3idths set forth insection provided the reduced lot 3idth 3ill not inhibit the

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reasonable use of the lot)

ART%C* >>>3 DC%S%-8 &AacsonCounty 4oard of Commissioners by la3s and re#ulations the >acson County

4oard of Commissioners shall have the follo3in# po3ers and duties 3ithrespect to this ordinance to be carried out in accordance 3ith the terms ofthis ordinanceB+,0 To adopt ne3 text for and amendments to the text of this ordinance)

+*0 To adopt ne3 (onin# maps and amendments to the (onin# maps)

+20 Such additional po3ers and duties as may be set forth for the >acsonCounty 4oard of Commissioners else3here in this ordinance and in otherla3s and re#ulations)

Se"3 >>'3 Ja"+son County Planning :oarda. Po0ers and duties. Dithout limitin# any authority #ranted to the >acson

County Plannin# 4oard by la3s and re#ulations the >acson County Plannin#4oard shall have the follo3in# po3ers and duties 3ith respect to thisordinance to be carried out in accordance 3ith the terms of this ordinanceB+,0 To revie3 all ne3 text for and proposed amendments to this ordinance

and proposals to (one or chan#e the (onin# of all property re#ulated

under this ordinance and to mae recommendations to the >acson County

4oard of Commissioners for action re#ardin# the proposals)

+*0 Such additional po3ers and duties as may be set forth for the >acson

County Plannin# 4oard else3here in this ordinance and in other la3s and

re#ulations)

Se"3 >>'3 Cullowhee Community Planning Coun"il3

a. Po0ers and duties. The Cullo3hee Community Plannin# Council shall havethe follo3in# po3ers and duties to be carried out in accordance 3ith theterms of this ordinanceB+,0 To revie3 all ne3 text for and proposed amendments to this ordinance

and proposals to (one or chan#e the (onin# of all property re#ulatedunder this ordinance and to mae recommendations to the >acson CountyPlannin# 4oard for action thereon;

+*0 To revie3 and decide on approval of re"uests for conditional use permitsin accordance 3ith the procedures set forth in this ordinance)

+20 To hear and decide applications for approval of variances from the termsof this ordinance in accordance 3ith the procedures set forth in section

)

+60 To hear and decide appeals from any order re"uirement permit decisionor determination made by an administrative oIcer of >acson County inenforcin# any provision of this ordinance in accordance 3ith theprocedures set forth in)

(*) :he Cullo0hee Communit Planning Council shall appoint a committee2composed of at least four () members of the Council2 to ser#e as theesign Re#ie0 Committee. :he members of the esign Re#ie0Committee should ha#e some ,no0ledge of design and construction. :he

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esign Re#ie0 Committee shall ha#e the follo0ing po0ers and duties2 tobe carried out in accordance 0ith the terms of this ordinance6a :o conduct design re#ie0 of proposed de#elopment and

rede#elopment in the Cullo0hee Communit Planning Area and ma,erecommendations to the Cullo0hee Communit Planning Councilregarding the compliance of the proposed de#elopment or

rede#elopment 0ith the design standards set forth in Article ;;; of thisordinance.

b +uch additional po0ers and duties as ma be set forth for the esignRe#ie0 Committee else0here in this ordinance.

b. /embership< terms< #acancies.+,0 The Cullo3hee Community Plannin# Council shall consist of 7 members

appointedby the >acson County 4oard of Commissioners) All membersshall be residents of o3n property in and&or o3n a business in theCullo3hee Community Plannin# Area)

+*0 All members shall serve 2Fyear terms) All members shall serve amaximum of * consecutive terms) Terms of initial appointments shall besta##ered as set forth in the Plannin# Council?s 8ules of Procedures)

+20 Lacancies shall be %lled by the >acson County 4oard of Commissioners)c. /eetings. The Cullo3hee Community Plannin# Council shall hold re#ular

monthly meetin#s on a day and at a time scheduled by the CommunityPlannin# Council)

d. Rules and records. The Cullo3hee Community Plannin# Council shallprepare and adopt rules of procedure under 3hich it 3ill operate) TheCommunity Plannin# Council shall eep minutes of its meetin#s)

ART%C* >>3 D?*-P&8T R?%B PR-CD.RSSe"3 >>'13 Permits and approvals3

a. Permits and appro#als. Any development or redevelopment 3ithin theCullo3hee Community Plannin# Area shall re"uire approval and a permit inorder to assure that the development or redevelopment is consistent 3ith the#oals and standards of this ordinance)Application for all permits re"uired by this ordinance may be made at the

>acson County Permittin# =Ice) All re"uired permits may be applied forsimultaneously) Any re"uired fees may be paid at the time of permitapplication) The revie3 procedures set forth in this section are thosere"uired by the >acson County Plannin# 1epartment) =ther a#encies suchas the >acson County ealth 1epartment have separate revie3 andapproval procedures) These a#encies must be contacted to obtaininformation re#ardin# the approval procedure for permits re"uired by them)b. +imultaneous processing of applications.+,0 The simultaneous processin# of applications for di9erent permits and

approvals that may be re"uired for a development or redevelopmentproject 3ill be accommodated 3here possible by the revie3 proceduresset forth in this section)

+*0 >'3 9oning permitsPurpose. A (onin# permit shall be re"uired for the construction or development of

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any ne3 use other than detached single family dwellings located 3ithin theCullo3hee Community Plannin# Area) :n addition to ne3 uses a (onin# permit shallbe re"uired forB

+,0) The renovation and&or remodelin# of existin# structures other thandetached single family dwellings3hen the cost of therenovation&remodelin# exceeds 5! of the assessed value +as

identi%ed by the >acson County Tax =Ice0 of the buildin#&structurebein# renovated&remodeled; or when the renovation/remodelingincreases the footprint or any change to the exterior of thestructure.

+*0) Kxpansions of existin# uses other than detached sin#le familyd3ellin#s;

+20) Chan#es of use other than detached single family dwellingsincluding an increase in intensity of use or demolition.

Pre4application conference. Applicants are encoura#ed to call or visit the >acsonCounty Plannin# 1epartment prior to applyin# for a (onin# permit to determine3hat information is re"uired for the application)

a. Plan submittal+,0 8iling of application. An application for a (onin# permit may be %led by

the o3ner of the property or by a duly authori(ed a#ent of the propertyo3ner) The application for a (onin# permit shall be %led 3ith the >acsonCounty Plannin# 1epartment on a form provided by the 1epartment)

+*0 8ees.Any application fee as desi#nated by the >acson County 4oard ofCommissioners shall be due and payable 3hen the application issubmitted)

+20 9nformation re"uired. Kach application for a (onin# permit shall containthe information re"uired on the application form and a site plan meetin#the re"uirements set forth in Appendix A +site plan re"uirements0)

b. +ta re#ie0. The >acson County Plannin# 1epartment sta9 shall revie3 theapplication and site plan for compliance 3ith the re"uirements of thisordinance) Provided the application and site plan are complete the >acsonCounty Plannin# 1epartment shall tae action on the re"uest 3ithin ,!3orin# days of receipt of the application) :f the application and&or site planare found to be incomplete the Plannin# 1epartment sta9 shall notify theapplicant of the de%ciencies) :f the application and site plan are found to bein compliance 3ith the re"uirements of this ordinance the applicant shall benoti%ed by the Plannin# 1epartment that the application is approved and a(onin# permit shall be issued for the proposed project) :f the application andsite plan are found not to be in compliance 3ith the re"uirements of thisordinance the applicant shall be noti%ed in 3ritin# by the Plannin#1epartment of the denial) The noti%cation shall list the reasons for denial)Upon noti%cation of denial the applicant may revise the application and&orsite plan to address the reasons for denial and resubmit it for revie3 orappeal the denial in accordance 3ith the provisions of this chapter) Pleasenote that all development and redevelopment projects exceedin# s"uarefeet in #ross $oor area for nonFresidential projects and d3ellin# units or

bedrooms for residential projects and re"uirin# a (onin# permit are alsosubject to desi#n revie3 as set forth in section___ of this ordinance)

c. &ariances. 8e"uests for variances from the standards for projects re"uirin#

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(onin# permits shall be heard by the Cullo3hee Community Plannin# Councilin accordance 3ith the procedure set forth in section of this ordinance)

d. Appeals. Appeals of the decisions of the >acson County Plannin#1epartment re#ardin# applications for (onin# permits shall be heard by theCullo3hee Community Plannin# Council in accordance 3ith the proceduresset forth in section of this ordinance)

e. Permit #alidit. Upon approval of a (onin# permit the applicant shall have ,year to apply for the re"uired buildin# permit+s0 for the project) /ailure toapply for the buildin# permit+s0 3ithin this time shall render the (onin# permitvoid) The >acson County Plannin# 1epartment may #rant a sin#le extensionof this time period of up to E months upon submittal by the applicant ofsuIcient justi%cation for the extension) Upon issuance of the buildin#permit+s0 the (onin# permit shall remain valid as lon# as a valid buildin#permit exists for the project) Any unapproved chan#e in the approved plansor failure to construct the project in accordance 3ith the approved plansshall render the (onin# permit invalid)

f. &iolations. Liolations of the conditions of the (onin# permit shall beconsidered a violation of this chapter and shall be subject to the enforcement

and penalty provisions set forth in Article___of this ordinance)Se"3 >>'3 Temporary .se Permit3

a. Purpose. :n order to assure that temporary uses comply 3ith the standardsset forth in this ordinance no use de%ned as a temporary use shall be placedon a property 3ithout %rst receivin# a temporary use permit from the >acsonCounty Plannin# 1epartment)

b. :emporar uses allo0ed. The follo3in# uses may be established astemporary uses in the Cullo3hee Community Plannin# Area subject to theapproval of the >acson County Plannin# 1epartment)+,0 Civic events such as church ba(aars volunteer %re department fund

raisers holiday events etc) Civic events sponsored or#ani(ed and&orheld by a #overnmental a#ency or by an or#ani(ation funded by >acsonCounty shall be exempt from the temporary permit fee)

+*0 Circuses carnivals fairs reli#ious services and similar types of events)+20 A#ricultural sales are limited to farmer?s marets and the seasonal open

lot sale of Christmas trees and 3reaths)+60 Seasonal #reenhouses tents and other temporary structures for a period

not to exceed sixty +E!0 days) Said structures must be removed on thedate of expiration of the temporary use permit) Tent sales shall beconducted on the property of and conducted by an established businesslocated 3ithin the Cullo3hee Community Plannin# Area as a special eventto promote said business)

+50 Temporary oIces for construction and security personnel durin# theconstruction of a development for 3hich a buildin# permit has beenissued)

+E0 The Community Plannin# Council may authori(e the >acson CountyPlannin# 1epartment to issue a permit for any other temporary useprovided that the use is clearly of a temporary nature the use is limited toa period not to exceed sixty +E!0 days and the use is in eepin# 3ith theintent and re"uirements of these standards) The Plannin# Council and&orPlannin# 1epartment may attach any conditions to the temporary usepermit needed to protect the public health safety and 3elfare)

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+70 A temporary use permit may be rene3ed provided that it is determinedthat the use is clearly of a temporary nature 3ill cause no traIccon#estion and 3ill not create a nuisance to surroundin# uses)

:n main# application for a temporary use permit the applicant shall providethe follo3in# informationB

+,0 The date+s0 and times durin# 3hich the use 3ill be in operation;+*0 The estimated number of persons 3ho 3ill be in attendance at the time of

maximum attendance;+20 The points of access for attendees and for emer#ency vehicles; and

+60 'ocation and amount of parin# provided)c. :emporar use permits re"uirements. A temporary use permit shall be

issued only if the proposed temporary use meets the follo3in# re"uirementsB+,0 The property contains suIcient space to accommodate the temporary

use)+*0 The temporary use 3ill be located no closer than ,!! feet to a d3ellin#)(=) Parin# is ade"uate to meet the needs of the temporary use)() 8estroom facilities if needed are provided)

(*) All inspections and permits re"uired by applicable construction codes havebeen made and approved)

+E0 The Temporary school facilities model sales homes and temporary realestate sales oIces shall provide landscapin# as re"uired by section F2 ofthis ordinance)

d. Plan submittal.+,0 8iling of application. An application for a temporary use permit may be

%led by the o3ner of the property or by a duly authori(ed a#ent of theproperty o3ner) The application shall be %led 3ith the >acson CountyPlannin# 1epartment)

+*0 8ees. Any application fee as approved by the >acson County 4oard ofCommissioners shall be due and payable 3hen the application is %led)

+20 9nformation re"uired. The application for a temporary use permit shallcontain the information re"uired on the application form and a site planmeetin# the re"uirements for such as identi%ed by the >acson CountyPlannin# =Ice)

. +ta re#ie0. The >acson County Plannin# 1epartment shall revie3 theapplication and determine if it is complete 3ithin 5 3orin# days of itssubmittal) :f the application is found to be incomplete the applicant shall benoti%ed of any de%ciencies) The applicant may address the de%ciencies andresubmit the application) :f the application is complete it 3ill be revie3ed forcompliance 3ith the re"uirements of this ordinance) A temporary use permitshall be issued only upon %ndin# that the proposed temporary use meets allthe re"uirements of this ordinance)

f. &ariances. 8e"uests for variances from the re"uirements for temporary usesset forth in this ordinance shall be heard by the Cullo3hee CommunityPlannin# Council under the procedures set forth in section of thisordinance)

g. Appeals. Appeals of the decision of the >acson County Plannin# 1epartmentre#ardin# the issuance of temporary use permits shall be heard by theCullo3hee Community Plannin# Council in accordance 3ith proceduresestablished in section of this ordinance)

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h. Permit &alidit. The temporary use permit shall be valid only for the periodstated on the permit 3hich in no event shall exceed 65 days except fortemporary school facilities farmer?s marets model sales homes andtemporary real estate sales oIces as noted above)

i. &iolations. Liolations of the conditions of the temporary use permit or thefailure to obtain a permit for a temporary use shall be considered a violation

of this ordinance and shall be subject to the enforcement and penaltyprovisions set forth in Article of this ordinance)

>. Public emergencies. :n the event of a natural disaster catastrophic event orpublic emer#ency the County ana#er or his&her desi#nee may 3aive anytemporary use permit re"uirements and authori(e the placement oftemporary use facilities that are deemed necessary or desirable inconjunction 3ith the mana#ement of the emer#ency)

Se"3 >>'43 Conditional use permits3a. Purpose. The conditional use permit revie3 process is established to provide

for the ade"uate revie3 and consideration of those uses 3hich because oftheir uni"ue characteristics and impacts upon the community re"uireindividual consideration of their location desi#n con%#uration and&oroperation in the community) The individual consideration may also call forthe imposition of individuali(ed conditions in order to ensure that the use isappropriate in the community) Any use identi%ed as a conditional use inArticle of this ordinance shall not be permitted 3ithout the approval of theCullo3hee Community Plannin# Council in accordance 3ith the re"uirementsand procedures set forth in this section F6)

b) Pre4application conference. Kvery applicant for a conditional use permit isre"uired to meet 3ith the >acson County Plannin# 1epartment in a preFapplication conference prior to the submittal of a conditional use application)

The purposes of the conference are to provide additional informationre#ardin# the revie3 process and assistance in the preparation of theapplication)

c) Plan +ubmittal+,0 8iling of application. An application for a conditional use permit may be

%led by the o3ner of the property or by an a#ent speci%cally authori(ed tosubmit the application) The application for a conditional use permit shallbe %led 3ith the >acson County Plannin# 1epartment on a form providedby the Plannin# 1epartment)

+*0 8ees. Any application fee as desi#nated by the >acson County 4oard ofCommissioners shall be due and payable upon submission of theapplication)

d. 9nformation re"uired. Kach application for a conditional use permit shallcontain the information re"uired on the application form and a site planmeetin# the re"uirements) Set forth on the site plan checlist)

e. +ta Re#ie0.+,0 Planning epartment sta re#ie0. /ollo3in# submittal of the application

and site plan for the conditional use permit they shall be revie3ed by thesta9 of the >acson County Plannin# 1epartment for compliance 3ith there"uirements of this chapter) The Plannin# 1epartment sta9 may re"uestinput from other local re#ional and&or state a#encies such as the >acsonCounty ealth 1epartment and the


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Transportation to assist in the thorou#h revie3 of the conditional usepermit application and site plan) The Plannin# 1epartment shall revie3the conditional use permit application and site plan 3ithin ,5 3orin#days of its submittal)

+*0 Planning epartment sta action. Upon revie3 of a complete applicationand site plan for a conditional use permit the >acson County Plannin#

1epartment sta9 may mae one of the follo3in# recommendations)+a0Appro#al. :f the Plannin# 1epartment sta9 %nds the application and

site plan to be in compliance 3ith the re"uirements of this ordinancethey shall for3ard the recommendation and the conditional use permitapplication and site plan to the Cullo3hee Community Plannin# Councilfor revie3 and %nal action)

+b0Appro#al 0ith conditions. :f the Plannin# 1epartment sta9recommends approval 3ith conditions the applicant may revise theplans to address the conditions of the approval and resubmit it) Therevised plan shall be revie3ed by the Plannin# 1epartment sta9 and ifthe identi%ed conditions are ade"uately addressed the conditional usepermit application and site plan shall be for3arded to the Cullo3hee

Community Plannin# Council for revie3 and %nal action) :f the plan isnot revised to meet the conditions 3ithin E! days after the decision bythe Plannin# 1epartment the re"uest shall be deemed 3ithdra3n andthe applicant must resubmit the application 3ith all re"uiredinformation and payment of fees)

+c0 enial. :f the Plannin# 1epartment recommends denial of the re"uestthe reasons for denial shall be provided in 3ritin# to the applicant) Thesite plan and application may be revised to address the reasons fordenial and resubmitted in accordance 3ith the provisions of thisordinance) A recommendation for denial by the Plannin# 1epartmentshall be considered %nal action on the re"uest unless 3ithin 2! days ofreceivin# the 3ritten recommendation the applicant provides a 3rittenre"uest for revie3 by the Cullo3hee Community Plannin# Council)

+d0 esign Re#ie0. The 1esi#n 8evie3 Committee as appointed by andcomposed of members of the Cullo3hee Community Plannin# Councilshall revie3 all conditional use permit applications and site plans forcompliance 3ith the desi#n standards set forth in Article of thisordinance) This revie3 shall be conducted as part of the considerationof the conditional use permit re"uest by the Cullo3hee CommunityPlannin# Council as set forth in section F6+f0 belo3) The revie3 shallbe conducted in accordance 3ith the provisions of section F5 of thisordinance) These recommendations and the decision of the 1esi#n8evie3 Committee shall be used by the Cullo3hee CommunityPlannin# Council in determinin# the compliance of the conditional useapplication and site plan 3ith standard number 6 as set forth in section

F6+f0+*0 c belo3)f. 8ormal Re#ie0.

+,0 Public hearing. Upon receipt of a report from the >acson County Plannin#1epartment re"uestin# a public hearin# on the application and site planfor a conditional use permit a public hearin# shall be scheduled by theCullo3hee Community Plannin# Council)


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+*0 Action b the Cullo0hee Communit Planning Council.+a0 esignation of appro#al bod.The Cullo3hee Community Plannin#

Council is hereby desi#nated as the approval body for conditional usepermits re"uired by this ordinance and is #ranted all necessaryauthority to carry out this responsibility)

+b0 Re#ie0 of the conditional use permit re"uest. The Cullo3hee

Community Plannin# Council shall consider the conditional use permitre"uest at a public hearin# 3ithin 25 days of receivin# the reportre#ardin# the conditional use permit application and site plan from the

>acson County Plannin# 1epartment)+c0 Conditional use standards. The Cullo3hee Community Plannin#

Council shall not approve the conditional use permit application andsite plan unless and until it maes the follo3in# %ndin#s based on theevidence and testimony presented at the public hearin# or other3iseappearin# in the record of the caseB,0 That the proposed use or development of the land 3ill not

materially endan#er the public health or safety;*0 That the proposed use or development of the land is reasonably

compatible 3ith si#ni%cant natural and topo#raphic features on thesite and 3ithin the immediate vicinity of the site #iven the proposedsite desi#n and any miti#ation techni"ues or measures proposed bythe applicant;

20 That the proposed use or development of the land 3ill notsubstantially injure the value of adjoinin# or abuttin# properties;

60 That the proposed use or development of the land 3ill be inharmony 3ith the scale bul covera#e density and character ofthe Cullo3hee community;

50 That the proposed use is appropriately located 3ith respect totransportation facilities 3ater supply %re and police protection3aste disposal and similar facilities; and

E0 That the proposed use 3ill not cause undue traIc con#estion orcreate a traIc ha(ard)

+d0 ecision b the Cullo0hee Communit Planning Council. TheCullo3hee Community Plannin# Council after conductin# the publichearin# mayB deny approval; table the re"uest pendin# submittal ofadditional information; or approve the conditional use permit) Theminutes of the Cullo3hee Community Plannin# Council shall state3hether the proposed conditional use does or does not meet each ofthe standards set forth in section F6+f0+*0 c of this ordinance and allother re"uirements set forth in this ordinance for the proposedconditional use) The decision on the conditional use permit shall be bya simple majority vote of those members of the Cullo3hee CommunityPlannin# Council present at the meetin# at 3hich the action is taen)

+e0 :ransfer of appro#al. A conditional use permit approval may betransferred to a subse"uent o3ner of the property for 3hich the permit3as issued but may not be transferred to another property)

+f0 Resubmission of denied applications. acsonCounty Plannin# 1epartment that is identical or substantially similar toan application that has been denied by the Cullo3hee Plannin# Council

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3ithin one year of the Plannin# Council?s action denyin# the re"uest)This 3aitin# period may be 3aived in an individual case for #oodcause sho3n by the aIrmative vote of threeFfourths of the membersof the Plannin# Council)

+#0 Pro>ect phasing. :f a project approved as a conditional use is to bedeveloped in phases a master plan for the entire development must

be approved by the Cullo3hee Community Plannin# Council at thesame time and in the same manner the conditional use permitapplication is considered) /inal plans for phases of the conditional usemay be submitted in sta#es and approved by the >acson CountyPlannin# 1epartment provided that the follo3in# re"uirements aremetB,0 All phases must be sho3n 3ith precise boundaries on the master

plan and numbered in the expected order of development)*0 Kach phase must be able to exist independently of subse"uent

phases by meetin# all applicable standards as if the phase 3ere aseparate project)

20 All the data re"uired for the project as a 3hole must be #iven for

each phase sho3n on the plan)60 A proportionate share of the common facilities must be included in

each phase of the development)50 The phasin# must be consistent 3ith the traIc circulation

draina#e and utilities plan for the entire master plan 3ith theinfrastructure provided for the phase submitted for approval)

E0 Kach phase of the conditional use must comply 3ith any and allconditions attached to the approval of the conditional use permit)


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+0&iolations. Liolations of the conditional use permit or of any of theconditions attached to the approval shall be considered a violation ofthis ordinance and subject to the enforcement and penalty provisionsset forth in Article of this ordinance)

Se"3 4'3 Design Review3

N9)0 )%is section is &ased on pro'isions o# t%e +as%iers and 441 +orridor De'elopment

9rdinancesE do not ,now i# t%e +ommittee wants to recommend some #orm o# design re'iewE)%is is #or your consideration and commentE

a. Purpose. 1esi#n revie3 is re"uired for ne3 development and for thoseprojects that involve a substantial chan#e in the appearance of a buildin# orlandscape 3hen the project meets the criteria for revie3 as a conditionaluse) The relocation of a buildin# shall also re"uire desi#n revie3 if thatbuildin# meets the criteria for revie3 as a conditional use) 1esi#n revie3shall be conducted by the 1esi#n 8evie3 Committee 3ith assistance andrecommendations provided by the >acson County Plannin# 1epartment)1evelopments meetin# the criteria for revie3 as conditional uses mustprepare their plans in accordance 3ith the desi#n standards set forth inArticle : of this ordinance)

The revie3 procedure sees to encoura#e rehabilitation and ne3construction that enhances and preserves the character of Cullo3heepromote visual harmony and develop creative desi#n solutions) Projects for3hich desi#n revie3 is re"uired 3ill be evaluated for their compliance 3iththe desi#n standards set forth in Article of this ordinance)

b. Pre4application conference. A meetin# 3ith the >acson County Plannin#1epartment sta9 is recommended prior to the submittal of an application fordesi#n revie3) Advice re#ardin# the information re"uired for submittal andthe revie3 schedule can be provided in the preFapplication conference)

c. Application submittal.1. 8iling of application. An application for desi#n revie3 shall be %led by the

o3ner of the property or a duly authori(ed representative of the o3ner)The application shall be %led 3ith the >acson County Plannin# 1epartmenton a form provided by the 1epartment)

?. 8ees. Any application fee as desi#nated by the >acson County 4oard ofCommissioners shall be due and payable upon submission of theapplication)

=. 9nformation re"uired. Kach application for desi#n revie3 shall contain asite plan prepared in accordance 3ith the re"uirements of Appendix A +SitePlan 8e"uirements0 buildin# elevations and additional informationre#ardin# the desi#n and materials of the proposed project)

d. +ta re#ie0. The >acson County Plannin# 1epartment shall revie3 theapplication and related information for compliance 3ith the desi#n standards

set forth in Articleof this ordinance 3ithin ,5 3orin# days of the submittalof the application) The Plannin# 1epartment sta9 shall meet 3ith theapplicant upon completion of the revie3 to discuss the revie3 %ndin#s):mmediately follo3in# the completion of the sta9 revie3 the >acson CountyPlannin# 1epartment shall schedule the application for revie3 by theCullo3hee Community Plannin# Council at their next available re#ularmeetin#)

e. 8ormal re#ie0. The Cullo3hee 1esi#n 8evie3 Committee 3ill revie3 theapplication and related information for compliance 3ith the desi#n standards

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set forth in Article : of this ordinance and provide their recommendations tothe Cullo3hee Community Plannin# Council for revie3 at their next availablere#ularly scheduled meetin# follo3in# revie3 of the application by the

>acson County Plannin# 1epartment. The 8evie3 Committee may %nd thatthe proposed project is in compliance 3ith the #uidelines may recommenddesi#n revisions to mae the proposed project more compliant 3ith the

desi#n #uidelines or may %nd that the proposed project is not in compliance3ith the desi#n #uidelines) The recommendations and %ndin#s of theCullo3hee 1esi#n 8evie3 Committee are not mandatory and the applicant isnot re"uired to revise the desi#n in response to these recommendations) /orthose projects re"uirin# a conditional use permit the %ndin#s andrecommendations of the 1esi#n 8evie3 Committee shall be used by thePlannin# Council)

Se"3 4'3 Sign permitsa. Purpose. :n order to ensure that si#ns 3ithin the Cullo3hee community meet

the standards set forth in this ordinance it shall be unla3ful to erect or alterany si#n or si#n structure 3ithout %rst obtainin# a si#n permit)

b. Application submittal. An application for a si#n permit may be %led by the

o3ner of the property or si#n or by a duly authori(ed a#ent of the o3ner) Theapplication for a si#n permit shall be %led 3ith the >acson County Plannin#1epartment on a form provided by the 1epartment)

c. 8ees. Any fee as desi#nated by the >acson County 4oard of Commissionersshall be due and payable upon submittal of the application for a si#n permit)

d. 9nformation re"uired. Kach application for a si#n permit shall beaccompanied by information includin# but not limited to a site plan andelevation dra3in#s of the proposed si#n a dra3in# of the buildin# facadeindicatin# the proposed location of the si#n hei#ht dimensions and s"uarefoota#e of the proposed si#n and any other information helpful in the revie3of the application)

e. +ta re#ie0. Provided the application is complete the >acson CountyPlannin# 1epartment shall revie3 the application to determine if the si#nmeets the standards set forth in this ordinance 3ithin ,! 3orin# days of itssubmittal) A si#n permit shall be issued only upon %ndin# that the proposedsi#n or si#n structure complies 3ith the re"uirements of this ordinance)

f. &ariances. 8e"uests for variances from the re"uirements for si#ns set forth inthis ordinance shall be heard by the Cullo3hee Community Plannin# Councilunder the procedures set forth in section 5F, of this ordinance)

g. Appeals. Appeals of the decisions of the >acson County Plannin#1epartment re#ardin# si#n permits shall be heard by the Cullo3heeCommunity Plannin# Council under the procedures set forth in section ofthis ordinance)

h. Permit #alidit. A si#n permit shall be valid for E! days) :f no 3or has beeninitiated 3ithin E! days of the issuance of the si#n permit it shall becomenull and void) The >acson County Plannin# 1epartment may #rant a sin#le2!Fday extension of the si#n permit)

i. &iolations. Liolations of the conditions of a si#n permit shall be considered aviolation of this ordinance and shall be subject to the enforcement andpenalty provisions set forth in Article )

Se" >>'E3 8oti"es

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All notices for public hearin#s re"uired by this chapter shall identify the date timeand place of the public hearin# and the nature of the proposed action and any otherinformation re"uired by statute) Dhere the hearin# involves the re(onin# ofproperty the approval of a variance the issuance of a conditional use permit or anadministrative appeal the notice shall also identify the address location of thesubject property and the name of the applicant) /or any public hearin# re"uired by

statute notice shall be provided as re"uired by statute)

ART%C* ?3 ?AR%A8CS A8D AD&%8%STRAT%? APPA*SSe"3 '13 ?arian"es3

a. Purpose. The variance process is intended to provide limited relief from there"uirements of this ordinance in those cases 3here strict application of aparticular re"uirement 3ill create a practical diIculty or unnecessaryhardship prohibitin# the use of the land in a manner other3ise allo3ed underthis ordinance) Lariances are not intended to remove inconveniences or%nancial burdens that this ordinance may impose on property o3ners in#eneral or to increase the pro%tability of a proposed project) 8athervariances are intended to provide relief 3here the re"uirements of thisordinance render the land diIcult or impossible to use because of someuni"ue physical attribute of the property itself or some other factor uni"ue tothe property for 3hich the variance is re"uested)

b. Pro#isions that ma not be #aried6(1) :n no event shall a variance be #ranted that 3ould allo3 the

establishment of a use that is not permitted in a (onin# district or that3ould chan#e the (onin# district classi%cation or the district boundary ofthe lot in "uestion)

(?) :n no event shall a variance be #ranted that 3ould permit the creation ofa nonFconformin# lot)

(=) :n no event shall a variance be #ranted that 3ould con$ict 3ith the acson CountyPlannin# 1epartment on a form provided by the 1epartment)

+60 Any fees as desi#nated by the >acson County 4oard of Commissionersshall be due and payable upon submittal of the application)

+50 Upon a determination by the >acson County Plannin# 1epartment thatthe application for a variance is complete the re"uest shall be scheduledfor a public hearin# before the Cullo3hee Community Plannin# Council)

The Cullo3hee Community Plannin# Council is hereby desi#nated to hearre"uests for variances from the re"uirements for this ordinance and is

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authori(ed to act as a board of adjustment in decidin# upon re"uests forvariances)

d. Action b the Cullo0hee Communit Planning Council+,0 Upon receivin# the application materials the Cullo3hee Community

Plannin# Council shall schedule and hold a public hearin# on there"uested variance) acson County in the nature ofcertiorari) An appeal to the superior court shall be %led no later than 2! daysafter a 3ritten decision of the Cullo3hee Community Plannin# Council is

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received by the applicant)Se"3 '3 Appeals o@ administrative de"isions3

a. Purpose. Appeals to the Cullo3hee Community Plannin# Council from thedecisions of the administrative sta9 of >acson County are permitted asprovided in this section)

b. ecisions that ma be appealed. Any order decision re"uirement or

determination made by an administrative oIcer of >acson County char#ed3ith enforcin# the provisions of this ordinance may be appealed to theCullo3hee Community Plannin# Council unless speci%cally set forth other3isein this ordinance) The Cullo3hee Community Council is hereby desi#nated tohear these appeals and is authori(ed to serve as a board of adjustment inmain# decisions upon these appeals)

c. Persons 0ho ma 5le an appeal) An appeal may be %led by any persona##rieved by the order decision re"uirement or determination that is thesubject of the appeal)

d. 8iling of the appeal.+,0 An application for an appeal shall be %led 3ith the >acson County

Plannin# 4oard on a form provided by the 1epartment and shall contain

the information re"uested on the application form)+*0 Any fees desi#nated by the >acson County 4oard of Commissioners shall

be due and payable upon submission of the application)+20 The appeal shall be %led no later than 2! days after the date of the

contested action)+60 =nce the >acson County Plannin# 1epartment has determined that the

appeal application is complete it shall be scheduled for consideration bythe Cullo3hee Community Plannin# Council at a public hearin#)

+50 The %lin# of an appeal shall stay all proceedin#s in furtherance of thecontested action unless the >acson County Plannin# 1epartment certi%esto the Cullo3hee Community Plannin# Council that by reason of factsstated in the certi%cation such a stay 3ould cause imminent peril to lifeand property) :n such case proceedin#s shall not be stayed except byrestrainin# order #ranted by the Superior Court of >acson County onnotice to the administrative oIcial from 3hom the appeal is taen 3ithdue cause sho3n)

e. Action b the Cullo0hee Communit Planning Council.+,0 The Cullo3hee Community Plannin# Council shall hold a public hearin# on

the appeal upon receipt of the application materials)


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Community Plannin# Council reverses or modi%es the contested action allsubse"uent action taen by administrative oIcers 3ith re#ard to the subjectmatter shall be in accordance 3ith the reversal or modi%cation #ranted bythe Cullo3hee Community Plannin# Council unless an appeal is taen on theCouncil?s decision)

g. Appeal from Cullo0hee Communit Planning Council. Any appeal from the

decision of the Cullo3hee Community Plannin# Council may be made by ana##rieved party and shall be made to the Superior Court of >acson County inthe nature of certiorari) Any such appeal to the Superior Court shall be %ledno later than 2! days after a 3ritten copy of the Cullo3hee CommunityPlannin# Council is received by the applicant)

ART%C* >>3 T7T A8D &AP A&8D&8TSSe"3 >'13 5eneral

The >acson County 4oard of Commissioners may amend supplement modify orrepeal the re#ulations set forth in this ordinance or amend the (onin# map) Suchamendment shall be in compliance 3ith the procedures set forth in this article)Se"3 >'3 %nitiation o@ amendments3

Proposed amendments to the text of this ordinance may be initiated by the >acsonCounty 4oard of Commissioners the >acson County Plannin# 4oard the Cullo3heeCommunity Plannin# Council the >acson County Plannin# 1epartment any o3nerof a le#al or e"uitable interest in land located in the Cullo3hee Community Plannin#Area any o3ner of a business located 3ithin the Cullo3hee Community Plannin#Area or any resident of the Cullo3hee Community Plannin# Area) Proposed (onin#map amendments may be initiated by the >acson County 4oard of Commissionersthe >acson County Plannin# 4oard the Cullo3hee Community Plannin# Council the

>acson County Plannin# 1epartment or any o3ner of an e"uitable or le#al interestin the property for 3hich the map amendment is re"uested)Se"3 >'3 Petition Reuirements3

a. Pre4application meeting. 4efore submittin# an application for anamendment the applicant shall meet 3ith the >acson County Plannin#1epartment to discuss the proposed amendment and to receive informationre#ardin# the approval re"uirements and procedures)

b. 8iling. An application for an amendment shall be %led 3ith the >acsonCounty Plannin# 1epartment on a form provided by the 1epartment) Anyfees as desi#nated by the >acson County 4oard of Commissioners shall bedue and payable at the time the application is submitted)

c. Content of applications. All information re"uired on the application form shallbe contained on or accompany the application) Kvery application for achan#e in the (onin# district boundary +(onin# map amendments0 shall beaccompanied by a metes and bounds description of the property a survey ofthe property or reference to existin# lots suIcient to identify the property onthe oIcial (onin# map of the Cullo3hee Community Plannin# Area)

Se"3 >'43 Review /y the Cullowhee Community Planning Coun"ila. General. The Cullo3hee Community Plannin# Council shall hold a public

hearin# to consider proposed amendments)


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8ecommendations of the Cullo3hee Community Plannin# Council shall bereported to the >acson County Plannin# 4oard for a public hearin# andrecommendation accordin# to the process set forth in section of thisordinance) The >acson County Plannin# 4oard shall schedule the publichearin# at their next re#ularly scheduled meetin# after receivin# the report)

c. No action b the Cul

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Draft Development Stds_2014!07!14