(A)   All questions arising in connection with 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 as provided by law. The duties of the Town Board of Commissioners in connection with this 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 prescribed in this chapter.

   (B)   The duties of the Board of Commissioners in connection with this chapter shall be the duty of considering and passing upon the initial ordinance and any proposed amendments or repeal of this chapter as provided by law. The Town Planning Commission shall serve in an advisory capacity to the Board of Commissioners and shall provide recommendations to the Board, including recommendations pertaining to zoning amendments and other matters as designated by G.S. § 160A-361.

   (C)   Any board, including the Board of Commissioners, Board of Adjustment, Planning Commission, and Design Review Board, shall keep minutes of its proceedings, including the names of members present and absent, a record of the vote on every question, or abstention from voting, if any, together with records of its examinations and other official actions.

   (D)   Pursuant to G.S. § 160D-309, all members appointed to the Board of Commissioners, Board of Adjustment, Planning Commission, and Design Review Board shall, before entering their duties, qualify by taking an oath of office.

(Ord. passed 10-19-1983; Ord. passed 6-8-2021)

   (A)   The town shall appoint a Zoning Administrator. It shall be the duty of the duly appointed Zoning Administrator, or their designee, to administer and enforce the provisions of this chapter.

   (B)   The Zoning Administrator shall issue certificates of zoning compliance and certificates of occupancy as prescribed herein. The Zoning Administrator shall serve as clerk to the Board of Adjustment, and all applications for variances and special use permits shall first be presented to the Zoning Administrator who in turn shall refer the applications to the Board of Adjustment.

   (C)   (1)   If the Zoning Administrator finds that any of the provisions of this chapter are being violated, the person responsible for such violation shall be notified in writing for such violation, indicating the nature of the violation and ordering the action necessary to correct it.

      (2)   The Zoning Administrator shall order discontinuance of the illegal use of land, buildings or structures; removal of illegal buildings 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.

(Ord. passed 10-19-1983; Ord. passed 6-8-2021)

   (A)   (1)   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 shall have been issued by the Zoning Administrator.

      (2)   No certification of zoning compliance shall be issued except in conformity with the provisions of this chapter.

   (B)   Upon approval of a special use permit or variance by the Board of Adjustment, the Zoning Administrator shall issue a certificate of zoning compliance.

         (a)   All applications for zoning compliance certificates shall be accompanied by plans drawn to scale showing the actual dimensions of the lot to be built upon, accurate dimensions and the use of the proposed building, the location on the lot of the building or structure proposed to be erected or altered, required screening of residential utility structures as outlined in § 153.069 and such other information as may be necessary to provide for the enforcement of the provisions of this chapter, including the architectural or building plans of the structure proposed to be erected or altered, and the description of the materials to be used for the exterior siding and roofing materials, and the colors or stains that will be used on the residential or commercial structure.

         (b)   Refer to § 153.130 for the complete submittal requirements. Prior to issuance of a certificate of zoning compliance, the Zoning Administrator may consult with qualified personnel for assistance to determine if the application meets the requirements of this chapter.

         (a)   All applications for a certificate of zoning compliance shall be accompanied with an application fee based upon construction cost.

         (b)   Additional fees for special use, variance, or other land development applications may be authorized by the Board of Commissioners annually within the Fee Schedule of the town.

(Ord. passed 10-19-1983; Ord. passed 6-8-2021)

(Ord. passed 10-19-1983; Ord. passed 6-8-2021)

(Ord. passed 10-19-1983; Ord. passed 6-8-2021)

   (A)   A certificate of occupancy issued by the Zoning Administrator is required prior to:

(Ord. passed 10-19-1983; Ord. passed 6-8-2021)

   If no substantial construction progress has been made within six months of the date of the issuance of the building permit, the town shall contact the County Building Inspections and inquire as to whether the building permit is still valid. If the building permit is no longer valid, then the certificate of zoning compliance issued by the town will be considered expired.

(Ord. passed 10-19-1983; Ord. passed 6-8-2021)

   (A)   Following approval of plans for construction of a structure or major remodeling of an existing structure and issuance of a building permit for the construction or remodeling, work on the structure shall be initiated within 60 days of issuance of the building permit.

   (B)   The construction or remodeling shall be substantially complete within two years of the date of issuance of the building permit for the construction.

(Ord. passed 10-19-1983; Ord. passed 6-8-2021) Penalty, see § 153.999

   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, or any person who would be damaged by such violation, in addition to other remedies, may institute an action for injunction, or mandamus, or other appropriate action or proceedings to prevent such violation.

(Ord. passed 10-19-1983; Ord. passed 6-8-2021)

   (A)   When staff determines work or activity has been undertaken in violation of a development regulation adopted pursuant to this chapter or other local development regulation or any state law delegated to the local government for enforcement purposes in lieu of the state or in violation of the terms of a development approval, a written notice of violation may be issued. The notice of violation shall be delivered to the holder of the development approval and to the landowner of the property involved, if the landowner is not the holder of the development approval, by personal delivery, electronic delivery, or first-class mail and may be provided by similar means to the occupant of the property or the person undertaking the work or activity. The notice of violation may be posted on the property. The person providing the notice of violation shall certify to the local government that the notice was provided, and the certificate shall be deemed conclusive in the absence of fraud. Except as provided by G.S. § 160D-1123 or G.S. § 160D-1206 or otherwise provided by law, a notice of violation may be appealed to the Board of Adjustment pursuant to G.S. § 160D-405.

   (B)   Administrative staff may inspect work undertaken pursuant to a development approval to assure that the work is being done in accordance with applicable state and local laws and of the terms of the approval. In exercising this power, staff are authorized to enter any premises within the jurisdiction of the local government at all reasonable hours for the purposes of inspection or other enforcement action, upon presentation of proper credentials; provided, however, that the appropriate consent has been given for inspection of areas not open to the public or that an appropriate inspection warrant has been secured.

(Ord. passed 6-8-2021)

   (A)   All questions arising in connection with this 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.

   (B)   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 § 153.111.

(Ord. passed 10-19-1983; Ord. passed 6-8-2021)

   In addition to initiation of enforcement actions under G.S. § 160D-404, development approvals may be revoked by the local government issuing the development approval by notifying the holder in writing stating the reason for the revocation. The local government shall follow the same development review and approval process required for issuance of the development approval, including any required notice or hearing, in the review and approval of any revocation of that approval. Development approvals shall be revoked for any substantial departure from the approved application, plans, or specifications; for refusal or failure to comply with the requirements of any applicable local development regulation or any state law delegated to the local government for enforcement purposes in lieu of the state; or for false statements or misrepresentations made in securing the approval. Any development approval mistakenly issued in violation of an applicable state or local law may also be revoked. The revocation of a development approval by a staff member may be appealed pursuant to G.S. § 160D-405. If an appeal is filed regarding a development regulation adopted by a local government pursuant to this chapter, the provisions of G.S. § 160D-405(e) regarding stays apply.

(Ord. passed 6-8-2021)