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Carteret County Unincorporated
City Zoning Code

1200

ADMINISTRATION

1201.- Zoning administration.

The Director and Staff of the Carteret County Planning Department are hereby authorized, and it will be their duty, to administer and enforce the provisions of this ordinance. More specifically, for the purposes of this ordinance, it will be the duty of the zoning enforcement officer to enforce and administer the provisions of this ordinance. An appeal from a decision of the zoning enforcement officer may be taken to the zoning board of adjustment established pursuant to this ordinance in section 1400.

1202. - Enforcement methods.

The provisions of this ordinance may be enforced by any one or more of the following methods. The county may apply for any appropriate equitable remedy to enforce the provisions of this ordinance.

1202.1 Injunction. The provisions of this ordinance may be enforced by injunction. When a violation of this ordinance occurs, Carteret County may apply to the appropriate division of the general court of justice for a mandatory or prohibitory injunction commanding the defendant to correct the unlawful condition or cease the unlawful use of the property.

1202.2 Order of abatement. In addition to an injunction, the county may enter an order of abatement as part of the judgement in the case. An order of abatement may direct any of the following actions: that buildings or other structures on the property be closed, demolished, or removed; that fixtures, furniture or other moveable property be moved; that improvements or repairs be made; or that any other action be taken that is necessary to bring the property into compliance with the ordinance.

1202.3 Execution of court decisions. If the defendant fails or refuses to comply with an injunction or with an order of abatement within the time allowed by the court, he or she may be cited for contempt. The county may execute the order of abatement and will have a lien on the property in the nature of a mechanic's and materialman's lien for the cost of executing the order. The defendant may secure cancellation of an order of abatement by paying all costs of the proceedings and by posting a bond for compliance with the order. The bond must be given with sureties approved by the clerk of superior court in an amount approved by the judge before whom the matter was heard and will be conditioned on the defendant's full compliance with the terms of the order of abatement within the time fixed by the judge. Cancellation of an order of abatement does not suspend or cancel an injunction issued in conjunction with the order.

1203. - Violation of ordinance.

Any person, firm or corporation convicted of a violation of any provision of this ordinance will be guilty of a misdemeanor. Such a conviction is punishable by a fine not exceeding fifty dollars ($50.00) or imprisonment not exceeding 30 days. After notice of a violation is given, the violator will have 30 days to correct the violation. After that time, each additional day that the violation continues to exist will be considered a separate violation.

1204. - Zoning compliance certificate.

In order to ensure successful completion of all improvements required for a use as outlined in this ordinance, the zoning enforcement officer shall conduct a final inspection prior to issuance of the certificate of occupancy. The purpose of this inspection will be to review the development and ensure compliance with the zoning permit issued. The zoning enforcement officer shall provide written certification indicating that the use meets all applicable requirements. It is illegal to occupy or change the use of any building or land, except for land used for agricultural, aquacultural and forestry purposes, until a zoning compliance certificate has been issued by the zoning enforcement officer.

1205. - Zoning permits.

1205.1. It is illegal for any person to begin construction of, or change the use of, a structure or any part of a structure without obtaining a zoning permit from the zoning enforcement officer.

1205.2. The zoning enforcement officer will not issue a zoning permit unless the plot plans, zoning specifications and intended use of the structure conform to the requirements of this ordinance. The application for a zoning permit must be accompanied by information sufficient to allow the zoning enforcement officer to act on the request.

1205.3. In cases where the applicant for a zoning permit appeals a decision of the zoning enforcement officer or applies for a variance from the provisions of the ordinance, the zoning enforcement officer will forward all information pertaining to the application to the zoning board of adjustment.

1205.4. Any zoning permit issued in accordance with this section will lapse and become invalid unless the work for which it was issued is started within six months of the date of issue or if the work authorized by it is suspended or abandoned for one year.

1206. - Application for zoning permit.

The following information shall be required when making application for a zoning permit:

a)

Plot plan showing the actual dimensions of the lot to be developed. The plot plan being drawn to scale when the development is taking place in business, industrial, office and professional, and church campus districts;

b)

Location of existing and proposed buildings, including setbacks;

c)

Size of proposed building and, in the case of a commercial structure, interior floor plans, when necessary for determination to be made under other sections of this ordinance;

d)

Number and location of parking spaces for commercial structure;

e)

Location and dimensions of proposed and existing signs.