Banner Elk City Zoning Code
ADMINISTRATION AND
ENFORCEMENT
§ 152.240 INTENT.
It is the intent of this subchapter that all questions arising in connection with the enforcement or the interpretation of this chapter shall be first presented to the Administrative Officer and that such question shall be presented to the Board of Adjustment only on appeal from the Administrative Officer, and that from the decisions of the Board of Adjustment, recourse shall be taken to the courts as provided by law. It is further the intent of this subchapter that the duties of the Town Council in connection with this chapter shall not include hearing and passing on disputed questions which might arise in connection with the enforcement or interpretation of this chapter, but the procedures for determining such questions shall be as stated in this chapter, and the duties of the Town Council in connection with this chapter shall be only the duty of holding a public hearing and voting upon any proposed amendment or repeal of this chapter as provided by law.
(Ord. passed 3-14-2005; Ord. passed 10-10-2016; Ord. passed 3-14-2019, § 1000)
§ 152.241 ADMINISTRATIVE OFFICER.
The Zoning Administrator is hereby authorized and it shall be his or her duty to enforce and administer the provisions of this chapter.
(Ord. passed 3-14-2005; Ord. passed 10-10-2016; Ord. passed 3-14-2019, § 1001)
§ 152.242 ZONING PERMIT.
(A) Zoning permit required in any zoning district.
(1) No building or other structure shall be erected, moved, extended, enlarged or structurally altered, nor shall any excavation or filling of any lot for the construction of any building be commenced until the Zoning Administrator has issued a zoning permit for such work. Application for a zoning permit shall be filed with the Zoning Administrator and shall be made prior to application for a building permit under the state’s Building Code; such application shall include the following information:
(a) A site sketch, drawn to a scale of at least one inch to 40 feet, of the parcel of property showing its actual dimensions and indicating the size, location and distance from property lines of the proposed building any other existing building(s), and any other improvements proposed to be accomplished, including, but not limited to, driveways, sidewalks, landscaping and parking areas;
(b) A drawing of the proposed building drawn to scale and in sufficient clarity and detail to indicate the nature and character of the work to be done, and consisting at minimum of a floor plan and elevations of the building (except, however, that, the Zoning Administrator may approve minor construction work without compliance with this requirement);
(c) The use to which the completed project shall be devoted;
(d) Payment of all system access, impact fees and any additional costs associated with the physical connection to town utilities; and
(e) Any other information the Zoning Administrator may deem reasonably necessary to evaluate the compliance of the applicant’s proposal with the provisions of this chapter.
(2) (a) The Zoning Administrator shall review each element of the application and:
1. Determine if review by the Architectural Review Committee is required;
2. Review by the Preserve America Committee shall be required for properties in the Historical District Overlay; or
3. In the event that it is not, determine if he is satisfied that the work described therein complies with this chapter, he or she shall issue a zoning permit; said permit shall be issued prior to application for a building permit under the state’s Building Code.
(b) Review by the Architectural Review Committee is required for all new commercial buildings, additions to existing commercial buildings and the remodeling of the exterior of existing commercial buildings; the Architectural Review Committee shall review the project for compliance with §§ 152.085 through 152.090 of this chapter, as well as other pertinent sections. In such cases, a zoning permit shall not be issued by the Zoning Administrator until such approval is issued by the Architectural Review Committee and consideration of the Preserve America Committee if applicable. After a zoning permit has been issued, no changes or deviations from the terms of the application, plans or permit shall be made until specific written approval has been obtained from the Zoning Administrator. If the Zoning Administrator finds the application to be deficient or the information therein to be contrary to the provisions of this chapter, he or she shall reject the application and deny the applicant’s request for a zoning permit in writing, setting forth the reasons for the rejection and denial.
(3) An applicant must sign an acknowledgment of acceptance of a zoning permit within 60 days from the date of any order or decision issuing the permit, or the permit shall expire. This time period is stayed for the duration of any litigation regarding such permit, or until all legal appeals regarding such permit have been exhausted. The permit shall expire two years after the date of acceptance if the work authorized has not been commenced. If after commencement of work, that work is discontinued for a period of 12 months, the permit shall expire unless otherwise vested by law. Upon expiration, the permit shall become void, and no work may be performed until a new permit has been secured.
(B) Posting of the zoning permit. A zoning permit provided by the town shall be posted in a conspicuous place on the building site. The zoning permit shall remain posted throughout construction and shall not be removed until a certificate of compliance has been issued.
(Ord. passed 3-14-2005; Ord. passed 10-10-2016; Ord. passed 3-14-2019, § 1002; Ord. passed 8-12-2019)
§ 152.243 CERTIFICATE OF COMPLIANCE.
(A) A certificate of compliance shall be secured from the Zoning Administrator before the making of a permanent connection to water service or sewer service.
(B) If any repairs, improvements or alterations have been performed upon any premises for which a zoning permit has been issued, a certificate of compliance shall be secured from the Zoning Administrator within 30 calendar days from the completion thereof.
(C) The certificate of compliance shall certify that the Zoning Administrator has inspected the completed improvements and that the improvements, together with the proposed use thereof, are in conformity with the zoning permit and the provisions of this chapter.
(D) No new building or part thereof may be occupied, and no addition or enlargement of any existing building may be occupied, and no existing building that has been altered or moved may be occupied until the certificate of compliance has been issued. Failure to obtain a certificate of compliance in accordance with this chapter shall be a violation and punishable under § 152.999 of this chapter.
(E) The Zoning Administrator may, in his or her discretion, issue a temporary certificate of compliance permitting occupancy of specified portions of an uncompleted building or project for a limited time, not to exceed six months, if the Zoning Administrator finds that the portion of the building or project may safely be occupied prior to the final completion of the entire building or project. The Zoning Administrator may renew, at his or her discretion, the temporary certificate of compliance for additional specified periods, each successive period not to exceed six months.
(F) Should a request for a certificate of compliance be made to the Zoning Administrator prior to site improvements (i.e., landscaping, sidewalks, parking) being completed, it shall be at the discretion of the Administrator to issue the certificate if the improvements do not impact the functionality or occupancy of the building. However, the certificate shall not be granted unless a financial security in the form of a cashier’s check, letter of credit or performance bond shall be issued to the town by a financial institution in an amount 125% times the estimated cost of completion of the improvements. Estimates shall be certified by a state-registered engineer or state-licensed general contractor. If the improvements have not been completed within six months of the issuance of the certificate of compliance, the town may use the financial security to complete the improvements.
(G) Certificates of compliance shall be maintained in the records of the town.
(Ord. passed 3-14-2005; Ord. passed 10-10-2016; Ord. passed 3-14-2019, § 1003)
§ 152.244 DENIAL OF CERTIFICATE OF COMPLIANCE.
If a certificate of compliance is denied, the applicant may appeal the decision of the Zoning Administrator in accordance with § 152.270 of this chapter.
(Ord. passed 3-14-2005; Ord. passed 10-10-2016; Ord. passed 3-14-2019, § 1004)
§ 152.245 CONSTRUCTION AND USE TO BE AS PROVIDED IN APPLICATIONS, PLANS, PERMITS AND CERTIFICATES OF COMPLIANCE.
(A) Zoning permits or certificates of compliance issued on the basis of plans and applications approved by the Administrative Officer authorize only the use, arrangement and construction set forth in such approved plans and applications, and no other use, arrangement or construction. Use, arrangement or construction differing with that authorized shall be deemed a violation of this chapter and punishable as provided by § 152.999 of this chapter.
(B) A zoning permit provided by the town shall be posted in a conspicuous place on the building site. The zoning permit shall remain posted throughout construction and shall not be removed until a certificate of compliance is issued.
(Ord. passed 5-12-1997; Ord. passed 3-14-2005; Ord. passed 10-10-2016; Ord. passed 3-14-2019, § 1006)
§ 152.246 MAINTENANCE OF DEDICATED AREAS UNTIL ACCEPTANCE BY TOWN OR POA.
(A) All facilities and improvements with respect to which the owner and/or development makes an offer of dedication for use, whether private or public, shall be maintained by the owner until such offer of dedication is accepted by the appropriate legal entity or public authority.
(B) (1) The Council may relieve the owner of the requirement of this section if it determines that a property owners association or other similar legal entity has been established for the development and a review of the covenants, restrictions and conditions have been made and are accepted by the Town Council.
(2) Town Council may approve the association once it determines that the association has assumed and/or is capable of performing the obligations set out in the covenants, restrictions and conditions as proposed by the development.
(C) (1) POAs which do not abide by their covenants, restrictions or conditions will first receive a letter of warning from the town.
(D) Areas of conservation easement must be dedicated to a legitimate conservation organization or the town for management upon approval by the Board of Adjustment and the Town Council. POAs will not be allowed to manage their own area(s) of conservation easement.
(Ord. passed 3-14-2005; Ord. passed 9-14-2009; Ord. passed 10-10-2016; Ord. passed 3-14-2019, § 1007)