All questions arising in connection with the enforcement of this article shall be presented first to the zoning administrator who shall be responsible for the day-to-day administration of this article. The board of adjustment shall have the authority to rule on matters of interpretation of this article, 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 board of commissioners in connection with this article 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 set forth in this article. The duties of the board of commissioners in connection with this article shall be the duty of considering and passing upon the initial ordinance from which this article is derived and any proposed amendments or repeal of this article as provided by law, after receiving recommendations from the planning board.

(Ord. No. 09-12-01, § 1, 12-1-09; Ord. No. 21-05-06, § 1(Exh. A), 5-4-21)

The board of commissioners shall appoint a zoning administrator. It shall be the duty of the duly appointed zoning administrator to administer and enforce the provisions of this article.

If the zoning administrator finds that any of the provisions of this article are being violated, he 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 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 article to ensure compliance with or to prevent violation of its provisions. If a ruling of the zoning administrator is questioned, the aggrieved party may appeal such ruling to the board of adjustment.

(Ord. No. 09-12-01, § 1, 12-1-09)

(a)

Required. No building or other structures 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. All buildings, structures, and accessory uses shall meet the dimensional requirements, use requirements, and any other requirements, that are noted in this article. No certification of zoning compliance shall be issued except in conformity with the provisions of this article.

(b)

Applications; contents. Applications for certificates of zoning compliance may 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 article.

(Ord. No. 09-12-01, § 1, 12-1-09)

Upon receiving a certificate of zoning compliance, a building permit shall be obtained from the Buncombe County Permits and Inspections Department for the construction or alteration of any building, structure or mobile home, pursuant to the section 10-66 et seq. herein.

(Ord. No. 09-12-01, § 1, 12-1-09)

In conjunction with the final building inspection, the zoning administrator shall certify that all requirements of this article have been met. The applicant shall call the zoning administrator and apply for such certification coincident with the final building inspection or within ten days following completion. A certificate of occupancy, either for the whole or part of the building, shall be issued within 30 days after the erection or structural alterations of such building, or part, shall have been completed in conformity with the provisions of this article. A certificate of occupancy shall not be issued unless the proposed use of a building or land conforms to the applicable provisions of this article. 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.

(Ord. No. 09-12-01, § 1, 12-1-09)

If no building permit or certificate of occupancy is obtained within two years of the date of the issuance of the zoning compliance certificate, the permit becomes invalid.

(Ord. No. 09-12-01, § 1, 12-1-09; Ord. No. 16-04-13, § 2(Exh. A), 4-5-16)

In case any building is erected, constructed, reconstructed, altered, repaired, converted or maintained, or any building or land is used in violation of this article, the zoning administrator or any other appropriate county 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. No. 09-12-01, § 1, 12-1-09)

All questions arising in connection with the enforcement of this article 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 section 78-623.

(Ord. No. 09-12-01, § 1, 12-1-09)