Sec. 601.1. [Authorization.] The zoning enforcement officer, subject to zoning compliance specified by the zoning administrator, is hereby authorized to enforce the provisions of this ordinance. Appeal from decisions of the zoning administrator shall be made to the board of adjustment.

Sec. 601.2. Building permit. No building shall be erected, added to, or structurally altered until a permit to do so has been issued by the zoning enforcement officer. No building permit shall be issued except in conformity with the provisions of this chapter after written order from the zoning administrator.

A.

Plans. Each application for a zoning permit shall be accompanied by complete plans (drawn to scale) in duplicate signed by the applicant with his address, showing the actual shape and dimensions of the lot to be built upon, the exact sizes and locations on the lot of the buildings and accessory buildings then existing, and the lines within which the proposed building shall be erected or altered, the number of families or housekeeping units the building is designed to accommodate, and such other information with regard to the lot and neighboring lots as may be necessary to determine and provide for enforcement of this ordinance. A fee as set forth in the fee schedule and amended from time to time by the town council shall be payable for each application.

One copy of the plans shall be returned to the applicant by the zoning administrator, after he shall have marked such copy either as approved or disapproved and attested to same by his signature on such copy. The record copy of the plans, similarly marked, shall be retained by the zoning administrator.

After zoning compliance approval has been issued by the zoning administrator in the form of a zoning permit, the applicant may take his approved copy of the plans to the zoning enforcement officer for issuance of a building permit in conformance with the zoning permit.

B.

Effect upon outstanding building permits. Nothing herein contained shall require any change in the plan, construction, size, or designated use of any building, structure, or part thereof for which a building permit has been granted by the zoning enforcement officer prior to the time of passage of this ordinance; provided, however, that where construction is not begun under such outstanding permit within a period of 60 days subsequent to the passage of this ordinance or where it has not been prosecuted to completion within 18 months subsequent to passage of this ordinance, any further construction or use shall be in conformity with the provisions of this ordinance.

Sec. 601.3. Certificate of occupancy. No land shall be used or occupied (except for agricultural purposes) and no building hereafter structurally altered, erected, or moved, shall be used, or its use changed until a certificate of occupancy shall have been issued by the zoning enforcement officer stating that the building and/or the proposed use thereof complies with the provisions of this ordinance. A like certificate shall be issued for the purpose of maintaining, renewing, changing, or extending a nonconforming use. A certificate of occupancy either for the whole or a part of a building shall be applied for coincident with the application for a building permit and shall be issued within ten days after the erection or structural alterations of such building, or part, shall have been completed in conformity with the provisions of this ordinance. A record of all certificates shall be kept on file in the office of the zoning enforcement officer and copies shall be furnished, on request, to any person having a proprietary or tenancy interest in the building erected. No permit for excavation for, or erection of, any building, or part of a building, or for repairs to, or alteration of, a building shall be issued until a statement of its intended use has been filed by the applicant.

Temporary certificate.

The zoning enforcement officer may issue a temporary certificate of occupancy for bazaars, carnivals, religious revivals, construction offices and similar uses subject to zoning compliance determined by the zoning administrator. Such certificate shall be issued for a fixed period of time, but not to exceed 90 days, shall be subject to such limitations as the zoning administrator may impose to protect the character of the district affected, and may be considered for reapplication.

Sec. 601.4. Duties of zoning administrator, board of adjustment courts and town council as to matters of appeal. It is the intention of this ordinance that all questions arising in connection with the enforcement of this chapter shall be presented first to the zoning administrator and that such questions shall be presented to the board of adjustment by the zoning administrator; and that from the decision of the board of adjustment recourse shall be had to courts as provided by law. It is further the intention of this ordinance that the duties of the town council in connection with the ordinance shall not include the hearing and passing upon disputed questions that may arise in connection with the enforcement thereof, but that the procedure for determining such questions shall be as herein set out in this ordinance, and that the duties of the town council in connection with this ordinance, shall be only the duty of considering and passing upon any proposed amendment or repeal of the ordinance as provided by law.

Sec. 601.5. Filing and notice of appeal. Appeals from the enforcement and interpretation of this ordinance and requests for special use permits, variances, and temporary permits shall be filed with the zoning administrator specifying the grounds thereof. The zoning administrator shall transmit to the board of adjustment all applications and records pertaining to such appeals, variances, special uses or temporary permits. An appeal stays all proceedings in furtherance of the action appealed from, unless the zoning administrator certifies to the board that by reason of facts stated in the certificate a stay would, in his opinion, cause imminent peril to life and property, in which case proceedings shall not be stayed otherwise than by a restraining order, which may be granted by the board or by a court of record on application or notice to the officer from whom the appeal is taken and due cause shown.

A.

Hearing of the appeal. After receipt of notice of an appeal, the board chairman shall schedule the time for a hearing, which shall be at a regular or special meeting within 45 days from the filing of such notice of appeal.

B.

Notice. Notice of evidentiary hearings conducted pursuant to this section shall be mailed to the person or entity whose appeal, application, or request is the subject of the hearing; to the owner of the property that is the subject of the hearing if the owner did not initiate the hearing; to the owners of all parcels of land abutting the parcel of land that is the subject of the hearing; and to any other persons entitled to receive notice as provided by the local development regulation. In the absence of evidence to the contrary, the town may rely on the county tax listing to determine owners of property entitled to mailed notice. The notice must be deposited in the mail at least ten days, but not more than 25 days, prior to the date of the hearing. Within that same time period, the Town shall also prominently post a notice of the hearing on the site that is the subject of the hearing or on an adjacent street or highway right-of-way. The board may continue an evidentiary hearing that has been convened without further advertisement. If an evidentiary hearing is set for a given date and a quorum of the board is not then present, the hearing shall be continued until the next regular board meeting without further advertisement.

C.

Fees. A fee as set forth in the fee schedule and amended from time to time by the town council shall be paid to the Town of Ahoskie, North Carolina, for each application for a special use permit, variance, temporary permit, or appeal, to cover the necessary administrative costs and advertising.

Sec. 601.6. Remedies. In case any building or structure is erected, constructed, reconstructed, altered, repaired, converted, or maintained, or any building, structure, or land is used in violation of this ordinance, the zoning enforcement officer or any appropriate authority of the town or any adjacent, nearby, or neighboring property owner who would be affected by such violation in addition to other remedies may institute injunction, mandamus or other appropriate action in proceeding to prevent the occupancy of such building, structure or land.

Sec. 601.7. Penalties.

A.

Any person violating any provisions of any section of this ordinance, or who shall violate or fail to comply with any order made thereunder; or who shall continue to work upon any structure after having received written notice from the zoning enforcement officer to cease work, shall be guilty of a misdemeanor as provided by G.S. 14-4. Each day such violation shall be permitted to exist shall constitute a separate offense. Notice of violation shall be sufficient if directed to such owner, the agent of the owner or the contractor and left at his known place of residence or place of business.

B.

Any person violating any provision of this ordinance shall, upon conviction, be punished for each offense by a fine not to exceed $50.00 a day or imprisonment not to exceed 30 days. Each day that a violation continues shall be deemed a separate offense.

(Amend. of 12-11-2012(2); Ord. of 6-8-2021(2); Ord. No. 2021-2022-15, Art. II, Pt. 1, 12-14-2021)

Sec. 602.1. Appointments and terms of board of adjustment members.

[There shall be appointed] seven people serve on each board, with five Town residents appointed by the Town Council and two appointed by the County Commissioners from the Town extraterritorial area.

Sec. 602.2. Organization, rules, meetings, and records. Within 30 days after appointment, the board of adjustment shall meet and elect a chairman and appoint a secretary and such other subordinates as may be authorized by the town council. The term of the chairman and other officers shall be one year, with eligibility for reelection. Meetings of the board shall be at the call of the chairman and at such other times as the board may determine. Such chairman, or in his absence, the acting chairman, may administer oaths and compel the attendance of witnesses. All meetings of the board shall be open to the public. The board shall keep minutes of its proceedings, showing the vote of each member upon every question, or his absence or failure to vote, indicating such fact, and also keep records of its examination and any other official action.

Sec. 602.3. Quorum and voting.

A.

A quorum for the board of adjustment shall consist of a majority of the board membership (excluding vacant seats). A quorum is necessary for the board to take official action.

B.

All actions of the board of adjustment shall be taken by a four-fifths vote, a quorum being present.

C.

Extraterritorial planning area members may vote on all matters considered by the board, regardless of whether the property affected lies within or without the town.

D.

Once a member is physically present at a board meeting, any subsequent failure to vote shall be recorded as an affirmative vote unless the member has been excused in accordance with subsection E or has been allowed to withdraw from the meeting in accordance with subsection F.

E.

Per G.S. 160D-109 and section 153.181(1), A member of any board exercising quasi-judicial functions pursuant to this ordinance shall not participate in or vote on any quasi-judicial matter in a manner that would violate affected persons' constitutional rights to an impartial decision maker. Impermissible violations of due process include, but are not limited to, a member having a fixed opinion prior to hearing the matter that is not susceptible to change, undisclosed ex parte communications, a close familial, business, or other associational relationship with an affected person, or a financial interest in the outcome of the matter.

F.

A member may be allowed to withdraw from the entire remainder of a meeting by majority vote of the remaining members present for any good and sufficient reason other than the member's desire to avoid voting on matters to be considered at that meeting.

G.

A motion to allow a member to be excused from voting or excused from the remainder of the meeting in order only if made by or at the initiative of the member directly affected.

H.

A roll call vote shall be taken upon the request of any member.

Sec. 602.4. Powers and duties of the board of adjustment.

A.

The board of adjustment shall hear and decide:

1.

Appeals from any order, decision, requirement, or interpretation made by the zoning enforcement officer or other administrative officials in carrying out the enforcement of any provision of this chapter.

2.

Applications for variances, as provided in section 500.

3.

Questions involving interpretations of the zoning map, including disputed district boundary lines and lot lines, with consideration given to section 105.6.

4.

Any other matter the board is required to act upon by any other town ordinance.

B.

The board may adopt rules and regulations governing its procedures and operations not inconsistent with the provisions of this chapter.

Sec. 602.5. Appeal from the board of adjustment. Appeal from the decision of the board of adjustment shall be to the Hertford County Superior Court.

(Ord. No. 2018-2019-3, 8-14-2018; Ord. of 6-8-2021(2); Ord. No. 2021-2022-15, Art. II, Pt. 3, 12-14-2021)

Sec. 603.1. Appointments and terms of planning board members. There shall be appointed seven people serve on each board, with five town residents appointed by the town council and two appointed by the county commissioners from the town extraterritorial area per G.S. 160D-307.

Sec. 603.2. Organization, rules, meetings, and records. Within 30 days after appointment, the planning board shall meet and elect a chairman and create and fill such offices as it may determine. The term of the chairman and other officers shall be one year, with eligibility for reelection. The chairman shall be elected from those members representing the Town of Ahoskie. The board shall adopt rules for transaction of its business and shall keep a record of its members' attendance and of its resolutions, discussions, findings, and recommendations, which record shall be a public record. The board shall hold at least one meeting monthly, and all of its meetings shall be open to the public.

Sec. 603.3. Quorum and voting.

A.

A quorum for the planning board shall consist of a majority of the board membership (excluding vacant seats). A quorum is necessary for the board to take official action.

B.

The concurring vote of four-fifths of the board shall be necessary to grant a variance. A majority of the members shall be required to decide any other quasi-judicial matter or to determine an appeal made in the nature of certiorari.

C.

Extraterritorial planning area members may vote on all matters considered by the board, regardless of whether the property affected lies within or without the town.

D.

A roll call vote shall be taken upon the request of any member.

Sec. 603.4. Powers and duties of planning board.

A.

General duties.

1.

To acquire and maintain in current form such basic information and materials as are necessary to any understanding of past trends, present conditions, and forces at work to cause changes in these conditions;

2.

To make studies and recommend to the council plans, goals, and objectives relating to the growth, development, and redevelopment of the town and the surrounding extraterritorial planning area;

3.

To develop and recommend to the council policies, ordinances, administrative procedures, and other means of carrying out plans in a coordinated and efficient manner;

4.

To prepare and from time to time amend and revise a land use plan for the physical development of this area;

5.

To establish principles and policies for guiding action in the development of the area;

6.

To prepare and recommend to the town council ordinances promoting orderly development along the lines indicated in the land use plan;

7.

To determine whether specific proposed development conforms to the principles and requirements of the land use plan for the growth and improvement of the area;

8.

To keep the town council and the general public informed and advised to these matters;

9.

To perform any other duties which may lawfully be assigned to it by the town council.

B.

Basic studies. As background for its land use plan and any other ordinances it may prepare, the planning board may gather maps and aerial photography of manmade and natural physical features of the area, statistics on past trends and present conditions with respect to population, property values, the economic base of the community, land use, and such other information as is important or likely to be important in determining the amount, direction, and kind of development to be expected in the area and its various parts.

In addition, the planning board may make, cause to be made, or obtain special studies on the location and adequacy of specific facilities, which may include but not be limited to studies of housing; commercial and industrial facilities; parks, playgrounds, and recreational facilities; public and private utilities; and traffic, transportation, and parking facilities.

All town officials shall, upon request, furnish to the planning board such available records or information as it may require in its work. The board or its agents may, in the performance of its duties, enter upon land and make examinations or surveys and maintain necessary monuments thereon.

C.

Land use plan. The CAMA Land Use Plan Update (1987) as amended with the accompanying maps, plats, charts, and descriptive matter, shall be and show the planning board's recommendations to the town council for the development of said territory, including among other things, the general location, character, and extent of streets, bridges, boulevards, parkways, playgrounds, squares, parks, aviation fields, and other public ways, grounds and open spaces; the general location and extent of public utilities and terminals, whether publicly or privately owned or operated, for water, light, sanitation, transportation, communication, power, and other purposes; and the removal, relocation, widening, narrowing, vacating, abandonment, change of use, or extension of any of the foregoing ways, buildings, grounds, open spaces, property, utilities, or terminals. The plan and any ordinances or other measures to effectuate it shall be made with the general purpose of guiding and accomplishing a coordinated, adjusted, and harmonious development of the town and its environs which will, in accordance with present and future needs, best promote health, safety, morals, and the general welfare, as well as other things, adequate provisions for traffic, the promotion of safety from fire and other dangers, adequate provision for light and air, the promotion of the healthful and convenient distribution of population, expenditure of public funds, and the adequate provision of public utilities, services and other public requirements.

D.

Zoning ordinance. The planning board is hereby designated as the zoning commission for the Town of Ahoskie and its environs. The planning board may initiate, from time to time, proposals for amendments of the zoning ordinance, based on its studies and land use plan. In addition, it shall review and make recommendations to the town council concerning all proposed amendments to the zoning ordinance and zoning districts according to section 700 of this chapter.

E.

Subdivision regulations. The planning board shall review from time to time regulations for the control of land subdivision in the area and submit to the town council its recommendations, if any, for the revision of said regulations. Also, the planning board shall review and make recommendations to the town council concerning all proposed plats of land subdivision in accordance with said regulations.

F.

Public facilities. The planning board shall review with town officials and report as recommendations to the town council upon the extent, location, and design of all public structures and facilities, on the acquisition and disposal of public properties, on the establishment of building lines, mapped street lines, and proposals to change existing street lines. However, in the absence of a recommendation from the planning board, the town council, if it seems wise, after the expiration of 45 days from the date on which the question has been submitted in writing to the planning board for review and recommendation, may take final action.

G.

Miscellaneous powers and duties. The planning board may conduct such public hearings as may be required to gather information necessary for the drafting, establishment, and maintenance of the land use plan. Before adopting any such plan, it shall hold at least one public hearing thereon.

The planning board shall have power to promote public interest in and an understanding of its recommendations, and to that end it may publish and distribute copies of its recommendations and may employ such other means of publicity and education as it may determine.

Members or employees of the planning board, when duly authorized by the planning board, may attend planning conferences or meetings of planning institutes or hearings upon pending planning legislation, and the planning board may, by formal and affirmative vote, pay, within the planning board's budget, the reasonable traveling expenses incident to such attendance.

Sec. 603.5. Special committees.

A.

From time to time, the council may appoint one or more individuals to help the planning board carry out its planning responsibilities with respect to a particular subject area. By way of illustration, without limitation, the council may appoint advisory committees to consider the thoroughfare plan, bikeway plans, housing plans, economic development plans, etc.

B.

Members of such advisory committees shall sit as nonvoting members of the planning board when such issues are being considered and lend their talents, energies, and expertise to the planning board. However, all formal recommendations to the council shall be made by the planning board.

C.

Nothing in this section shall prevent the council from establishing independent advisory groups, committees, or commissions to make recommendations on any issue directly to the council.

(Ord. No. 2018-2019-3, 8-14-2018; Ord. of 6-8-2021(2); Ord. No. 2021-2022-15, Art. II, Pt. 2, 12-14-2021)