(A)   The Zoning Administrator is hereby authorized and it shall be his duty to enforce and administer the provisions of this chapter. Appeal from the decisions of the Zoning Administrator may be made to the Board of Adjustment.

   (B)   Any development approval granted by the Zoning Administrator shall be in writing. The town may issue development approvals in print or electronic form. Any development approval issued exclusively in electronic form shall be protected from further editing once issued. Applications for development approvals may be made by the landowner, a lessee or person holding an option or contract to purchase or lease land, or an authorized agent of the landowner. Unless provided otherwise by law, all rights, privileges, benefits, burdens, and obligations created by development approvals made pursuant to this chapter attach to and run with the land. Unless otherwise specified by this chapter or statute, development approvals shall expire one year after issuance, unless work authorized by the permit has substantially commenced.

   (C)   For the purpose of making inspections, the Zoning Administrator is hereby authorized to enter, examine and survey at all reasonable times all dwellings, dwelling units, rooming houses, rooming units and the premises associated therewith. In exercising this power, staff are authorized to enter any premises within the jurisdiction of the town 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 6-8-78; Am. Res. passed 4-8-10; Am. Ord. passed - -)

   (A)   No building or other structure shall be erected, moved, extended or enlarged or structurally altered until the Building Inspector has issued a building permit for such work.

   (B)   Each application to the Building Inspector for a building permit shall be accompanied by a plat drawn to scale showing accurate dimensions of the lot to be built upon, the exact size and location on the lot of any existing buildings and of the buildings and accessory buildings to be erected, the existing or intended use of each building or part of the building, the number of families or housekeeping units the building is designed to accommodate and such other information with regard to the lot and neighboring lots as may be necessary to determine and provide for enforcement of this chapter. A careful record of such applications and plats shall be kept in the office of the Building Inspector. Any building permit issued shall become invalid unless the work authorized by it shall have been commenced within six months of its date of issue or if work authorized by it is suspended or abandoned for a period of one year.

(Ord. passed 6-8-78; Am. Res. passed 4-8-10) Penalty, see § 10.99

   No land shall be used or occupied except for agricultural purposes and no building hereafter structurally altered or erected shall be used or changed and used until a certificate of occupancy shall have been issued by the Building Inspector stating that the building or the proposed use thereof complies with the provisions of this chapter. A like certificate shall be issued for the purpose of maintaining, renewing, changing or extending a non-conforming use. A certificate of occupancy, either for the whole or part of the building, shall be applied for coincidental with the application for a building permit and shall be issued within ten days after the erection or structural alteration of such building or part thereof when it shall have been completed in conformity with the provisions of this chapter. A record of all certificates shall be kept on file in the office of the Building Inspector and copies shall be furnished, on request, to any person having a proprietary or tenancy interest in the building erected. No permit for excavation for, or erection of any building, or part of a building, or for repairs to, or alterations of a building shall be issued until after a statement of its intended use has been filed by the applicant.

(Ord. passed 6-8-78; Am. Res. passed 4-8-10) Penalty, see § 10.99

   In case any building or structure is erected, constructed, reconstructed, altered, repaired, converted or maintained or building, structure or land is used in violation of this chapter, the Building Inspector or any appropriate authority, in addition to other remedies, may institute injunction, mandamus or other appropriate action or proceeding to restrain, correct or abate the violation, to prevent the occupancy of such building, structure or land, or to prevent any illegal act, conduct, business or use in or about the premises. Any 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 town that the notice was provided, and the certificate shall be deemed conclusive in the absence of fraud.

(Ord. passed 6-8-78; Am. Res. passed 4-8-10; Am. Ord. passed - -)

   (A)   This chapter, including the official zoning map, may be amended from time to time, but no amendment shall become effective unless it shall have been referred first to the Planning Board. After thorough review, including public forums if deemed necessary, the Planning Board shall submit to the Board of Commissioners a written statement as to whether the proposed amendment is consistent with the town’s comprehensive long range planning document. When conducting a review of proposed zoning text or map amendments pursuant to this section, the Planning Board shall advise and comment on whether the proposed action is consistent with any comprehensive plan that has been adopted and any other officially adopted plan that is applicable. The Planning Board shall provide a written recommendation to the Board of Commissioners that addresses plan consistency, but a comment by the Planning Board that a proposed amendment is inconsistent with the comprehensive plan shall not preclude consideration or approval of the proposed amendment by the Board of Commissioners. If a zoning map amendment qualifies as a "large-scale rezoning" under G.S. § 160D-602(b), the Planning Board statement describing plan consistency may address the overall rezoning and describe how the analysis and policies in the relevant adopted plans were considered in the recommendation made.

      (1)   The date of the hearing;

      (2)   The purpose of the hearing; and

      (3)   Where to get more information regarding the action.

   (C)   When a zoning map amendment is proposed, the town shall prominently post a notice of the public hearing on the site proposed for rezoning or on an adjacent public street or highway right-of-way at least ten but more than 25 days prior to the date of the hearing. When multiple parcels are included within a proposed zoning map amendment, a posting on each individual parcel is not required, but the town shall post sufficient notices to provide reasonable notice to interested persons.

   (D)   (1)   If the adoption or modification of the ordinance would result in changes to the zoning map or would change or affect the permitted uses of land located five miles or less from the perimeter boundary of a military base, the Board of Commissioners shall provide written notice of the proposed changes by certified mail, return receipt requested, to the Commander of the military base not less than ten days nor more than 25 days before the date fixed for the public hearing. If the military provides comments or analysis regarding the compatibility of the proposed ordinance or amendment with military operations at the base, the Board of Commissioners shall take the comments and analysis into consideration before making a final determination on the ordinance.

      (2)   If the adoption or modification of the ordinance would result in changes to the zoning map or would change or affect the permitted uses of land within the jurisdiction of Caswell Beach, the Board of Commissioners shall provide written notice of the proposed changes by certified mail, return receipt requested, to the manager of the Cape Fear Regional Jetport not less than ten days nor more than 25 days before the date fixed for the public hearing. If the manager of the Jetport provides comments or analysis regarding the compatibility of the proposed ordinance or amendment with operations at the airport, the Board of Commissioners shall take the comments and analysis into consideration before making a final determination on the ordinance.

   (E)   No amendment to zoning regulations or a zoning map that down-zones property shall be initiated nor is it enforceable without the written consent of all property owners whose property is the subject of the down-zoning amendment, unless the down-zoning amendment is initiated by the town. For purposes of this section, "down-zoning" means a zoning ordinance that affects an area of land in one of the following ways: (1) by decreasing the development density of the land to be less dense than was allowed under its previous usage; or (2) by reducing the permitted uses of the land that are specified in a zoning ordinance or land development regulation to fewer uses than were allowed under its previous usage.

   (F)   A fee will be charged for each application for business use or application for rezoning of any property within the zoning jurisdiction of the town. A schedule of fees shall be maintained in the office of the Town Clerk.

   (G)   Proposed changes or amendments to this chapter may be initiated by the Board of Commissioners, the Planning Board, the Board of Adjustment or by one or more interested persons.

   (H)   An application for any change or amendment shall contain a statement of the present regulation, the proposed amendment to it and the name and address of the party requesting the change. An application for any change or amendment of a district boundary shall contain a legal description of the property to be affected by the change in the name and address of the party requesting the change.

   (I)   No amendment shall become effective except by favorable vote of three-fourths of all members of the Board of Commissioners.

   (J)   When adopting or rejecting any zoning text or map amendment, the Board of Commissioners shall approve a brief statement describing whether its action is consistent or inconsistent with an adopted comprehensive plan. The requirement for a plan consistency statement may also be met by a clear indication in the minutes of the Board of Commissioners meeting that at the time of action on the amendment the Board was aware of and considered the Planning Board's recommendations and any relevant portions of an adopted comprehensive plan. If a zoning map amendment is adopted and the action was deemed inconsistent with the adopted plan, the zoning amendment shall have the effect of also amending any future land-use map in the approved plan, and no additional request or application for a plan amendment shall be required. When adopting or rejecting any petition for a zoning map amendment, an additional statement analyzing the reasonableness of the proposed rezoning shall be approved by the Board of Commissioners. This statement of reasonableness may consider, among other factors, (i) the size, physical conditions, and other attributes of the area proposed to be rezoned; (ii) the benefits and detriments to the landowners, the neighbors, and the surrounding community; (iii) the relationship between the current actual and permissible development on the tract and adjoining areas and the development that would be permissible under the proposed amendment; (iv) why the action taken is in the public interest; and (v) any changed conditions warranting the amendment. If a zoning map amendment qualifies as a "large-scale rezoning" under G.S. § 160D-602(b), the Board of Commissioners statement on reasonableness may address the overall rezoning. The statement of reasonableness and the plan consistency statement required by this section may be approved as a single statement.

   (K)   If a zoning map amendment qualifies as a "large-scale rezoning" under G.S. § 160D-602(b), the statement describing plan consistency may address the overall rezoning and describe how the analysis and policies in the relevant adopted plans were considered in the recommendation made. If a zoning map amendment is adopted and the action was deemed inconsistent with the adopted comprehensive plan, the zoning amendment shall have the effect of also amending the future land-use map in the approved plan, and no additional request or application for a plan amendment shall be required.

(Ord. passed 6-8-78; Am. Res. passed 11-11-04; Am. Ord. passed 1-13- 05; Am. Res. passed 4-8-10; Am. Res. passed 12-13-12; Am. Ord. 2014-001-O, passed 4-10-14; Am. Ord. passed - -)

   In interpreting and applying the provisions of the chapter, the provisions shall be held to the minimum requirements for the promotion of the public safety, health, convenience, propriety or general welfare. It is not intended by this chapter to interfere with or abrogate or annul any easement, covenants, or other agreements between parties, provided, however, that where this chapter imposes a greater restriction upon the use of buildings or premises or upon the height of buildings, or requires larger open spaces than are imposed or required by other ordinances, rules, regulations or by easements, covenants or agreements, the provisions of this chapter shall govern.

(Ord. passed 6-8-78; Am. Res. passed 4-8-10)

   Any permit or development approval issued under this chapter may be revoked by the permit-issuing authority by the same process as was used for the approval, this shall include any notice and hearing requirements for a special use permit. Before permits other than special use may be revoked, the Zoning Administrator shall give the permit recipient ten days' notice of intent to revoke the permit and shall inform the recipient of the alleged reasons for the revocation and of his/her right to request an informal hearing on the allegations. If the permit is revoked, the Zoning Administrator shall provide to the permittee a written statement of the decision and the reasons therefor. Appeals may be made to the Board of Adjustment.

(Ord. passed - -)