All questions arising in connection with the enforcement of this chapter shall be presented first to the Zoning Administrator who shall be responsible for the day to day administration of this chapter. The Board of Adjustment shall have the authority to rule on matters of interpretation of this chapter, consider appeals from decisions of the Zoning Administrator, issue Special Use Permits, and grant variances. Any appeal from a decision of the Board of Adjustment shall be to the courts and provided by law. The duties of the Town Council in connection with the chapter shall not include the hearing and passing upon of disputed questions that may arise in connection with the enforcement thereof, but the procedure for determining such questions shall be as herein set out in this chapter. The duties of the Town Council in connection with this chapter shall be the duty of considering and passing upon the initial chapter and any proposed amendments or repeal of this chapter as provided by law, after receiving recommendations from the Planning Board.

(1989 Code, Title V, Ch. 51, Art. V, § 500) (Ord. 2021-03, passed 6-8-2021)

   The Town Manager shall appoint a Zoning Administrator. It shall be the duty of the duly appointed Zoning Administrator to administer and enforce the provisions of this chapter.

   (A)   Watershed administration.

      (1)   The Zoning Administrator shall monitor land use activities within the watershed areas to identify situations that may pose a threat to water quality. In investigating potential threats to water quality within the town, he or she may consult with any public agency or official and request recommendations. The Zoning Administrator shall report all findings to the Board of Adjustments, and request or recommend to the Board appropriate actions or proceedings necessary to restrain, correct or late any discovered threats to water quality or the public health, safety and welfare.

      (2)   The Zoning Administrator shall keep a record of variances involving a Water Supply Watershed Management Regulation. This record shall be submitted for each calendar year to the division of Water Quality on or before January first of the following year and shall provide a description of each project receiving a variance and the reasons for granting the variance.

      (3)   In implementing the water supply watershed protection program for the town, the Zoning Administrator shall keep records of the town's use of the provision that a maximum of 5% of the non-critical area of each watershed may be developed within non-residential development of a maximum of 70% built-upon surface area. Records of each watershed must be kept separate, and shall include the total acres of the non-critical watershed area, total acres eligible to be developed under this option, total acres approved for this development option, and individual records for each project with the following information; location, number of developed acres, and type of land use.

   (B)   Violations. If the Zoning Administrator finds that any of the provisions of this chapter are being violated, he or she shall notify in writing the person responsible for such violation, indicating the nature of the violation and ordering the action necessary to correct it. He or she may issue stop-work orders and shall order discontinuance of the illegal use of land, buildings or structures; removal of illegal building or structures, or of additions, alterations or structural changes thereto; discontinuance of any illegal work being done; or shall take any action authorized by this chapter to ensure compliance with or to prevent violation of its provisions. If a ruling of the Zoning Administrator is questioned, the aggrieved party or parties may appeal such ruling to the Board of Adjustment pursuant to the procedure found in § 154.046 of this chapter.

(1989 Code, Title V, Ch. 51, Art. V, § 501) (Ord. 2021-03, passed 6-8-2021)

   (A)   Certificate of Zoning Compliance. No building or other structure shall be erected, moved, added to or structurally altered, nor shall any building permit be issued nor shall any change in the use of any building or land be made until a Certificate of Zoning Compliance or Special Use Permit shall have been issued by the Zoning Administrator or the Board of Adjustment. No Certificate of Zoning Compliance or Special Use Permit shall be issued except in conformity with the provisions of this chapter. This requirement shall apply regardless of the dollar value of the improvements to be made.

   (B)   Applications for Certificate of Zoning Compliance. All applications for Certificates of Zoning Compliance shall be accompanied by plans showing the actual dimensions of the plot to be built upon, and the location on the lot of the building or structure proposed to be erected or altered, and such other information as may be necessary to provide for the enforcement of the provisions of this chapter.

(1989 Code, Title V, Ch. 51, Art. V, § 502) (Ord. 2021-03, passed 6-8-2021)

   Upon receiving a Certificate of Zoning Compliance a building permit shall be obtained as provided by the Town of Beech Mountain’s Building Ordinance (Chapter 150 of this Code of Ordinances).

(1989 Code, Title V, Ch. 51, Art. V, § 503) (Ord. 2021-03, passed 6-8-2021)

   (A)   A Certificate of Occupancy issued by the Zoning Administrator is required in advance of:

      (1)   Occupancy or use of a building hereafter erected, altered or moved.

      (2)   Change of use of any building or land.

   (B)   A Certificate of Occupancy, either for the whole or part of a building, shall be applied for coincident with the application for a Certificate of Zoning Compliance 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 chapter. A Certificate of Occupancy shall not be issued unless the proposed use of a building or land conforms to the applicable provisions of this chapter. If the Certificate of Occupancy is denied, the Zoning Administrator shall state in writing the reasons for refusal and the applicant shall be notified of the refusal. A record of all Certificates shall be kept on file in the office of the Zoning Administrator and copies shall be furnished on request to any person having a proprietary or tenancy interest in the building or land involved.

(1989 Code, Title V, Ch. 51, Art. V, § 504) (Ord. 2021-03, passed 6-8-2021)

   If no construction progress has been made within six months of the date of the issuance of the zoning compliance certificate, the permit becomes invalid. New exterior construction must be completed within two years after construction begins, as per approved plans.

(1989 Code, Title V, Ch. 51, Art. V, § 505) (Ord. 2021-03, passed 6-8-2021)

   In case any building is erected, constructed, reconstructed, altered, repaired, converted or maintained, or any building or land is used in violation of this chapter, the Zoning Administrator or any other appropriate town authority, in addition to other remedies, may institute an action for injunction, or mandamus, or other appropriate action or proceedings to prevent such violation.

(1989 Code, Title V, Ch. 51, Art. V, § 506) (Ord. 2021-03, passed 6-8-2021)

   Penalties and remedies for the violation of this chapter shall be as provided in § 154.376 of the Zoning Ordinance.

(Ord. 2021-03, passed 6-8-2021)

   All questions arising in connection with the enforcement of the chapter shall be presented first to the Zoning Administrator, and such questions shall be presented to the Board of Adjustment only on appeal from a ruling of the Zoning Administrator. Any order, requirement, decision or determination made by the Zoning Administrator may be appealed to the Board of Adjustment pursuant to the procedure found in § 154.046 of this chapter.

(1989 Code, Title V, Ch. 51, Art. V, § 507) (Ord. 2021-03, passed 6-8-2021)

   (A)   No staff member shall make a final decision on an administrative decision required by this chapter if the outcome of that decision would have a direct, substantial, and readily identifiable financial impact on the staff member or if the applicant or other person subject to that decision is a person with whom the staff member has a close familial, business, or other associational relationship. If a staff member has a conflict of interest under this section, the decision shall be assigned to the supervisor of the staff person or such other person as may be designated by the development regulation or other ordinance.

   (B)   No staff member shall be financially interested or employed by a business that is financially interested in a development subject to regulation under this chapter unless the staff member is the owner of the land or building involved. No staff member or other individual or an employee of a company contracting with a local government to provide staff support shall engage in any work that is inconsistent with his or her duties or with the interest of the town, as determined by the town.

(Ord. 2021-03, passed 6-8-2021)