This chapter shall be administered and enforced by the Zoning Enforcement Officer who shall be appointed by the City Manager, and is hereby empowered:

   1.   To issue a zoning permit when these regulations have been followed or, to refuse to issue the same in the event of noncompliance. Written notice of such refusal and reason therefore shall be given to the applicant.

   2.   To collect the fees set forth herein for a zoning permit, variances, appeals, rezonings, special use permits and subdivisions.

   3.   To make and keep all records necessary and appropriate to the office, including record of the issuance and denial of all zoning permits and of receipt of complaints of violation of this chapter and action taken to the same.

   4.   To inspect any building and/or land to determine whether any violations of this chapter have been committed or exist.

   5.   To enforce this chapter and take all necessary steps to remedy any condition found in violation by ordering in writing the discontinuance of illegal uses or illegal work in progress and may institute injunction, mandamus, or other necessary action.

   6.   To keep the Board of Adjustment advised of all matters other than routine duties pertaining to the enforcement of this chapter and to transmit all applications and records pertaining to appeals, variances, or requests for special use approval. (Ord. of 12-7-04, No. 37-02; Ord. of 6-21-21, No. 41-21)

   Within the corporate limits and extraterritorial jurisdiction of the City of Claremont no building, sign or other structure shall be erected, moved, added to or structurally altered before a zoning permit has been issued by the Zoning Enforcement Officer of the City of Claremont. Written notice of such determination refusal and reason therefore shall be given to the applicant and property owner (G.S. 160D-403(b)), the Zoning Enforcement Officer may provide their determination in print or electronic form; if electronic form is used then it must be protected from further editing (G.S. 160D-403(a)). (Ord. of 12-7-04, No. 37-02; Ord. of 6-21-21, No. 41-21)

   1.   Each application for a zoning permit to the Zoning Enforcement Officer of the City of Claremont shall be accompanied by a fee, set by the City Council, and a plan in duplicate, drawn to scale, one (1) copy of which shall be returned to the owner upon approval. The plan shall show the following:

   a.   The actual dimensions of the lot to be built upon;

   b.   The size and location of all buildings existing on the lot;

   c.   The size and location of the proposed new construction;

   d.   The existing and intended use of all parts of the land or building;

   e.   Such other information with regard to the lot and neighboring lots as may be necessary to determine and provide for the enforcement of this chapter.

   2.   Vesting. Zoning permits expire one year after issuance unless work has substantially commenced. Expiration of a local development approval does not affect the duration of a vested right established as a site specific vesting plan, a multiphase development plan, a development agreement, or vested rights established under common law. A site specific plan or planned unit development shall remain vested for a period of two years. The City may provide for rights to be vested for a period exceeding two years but not exceeding five years. The determination for extension by the City shall be made following the processes specified for the approval of a site specific or planned unit development vesting plan (G.S. 160D-108.1). A multi-phase development shall remain vested for a period of seven years from the time a site plan is approved. For the purposes of this chapter, a multi-phase development must contain 25 acres or more and is submitted for site plan approval for construction to occur in more than one phase and is a master plan that includes a requirement to offer land for public use (G.S. 160D-108(d)).

   3.   Revocation of development approvals. Development approvals may be revoked by the local government issuing the development approval by notifying the permit 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 permit 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 to the board of adjustment 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 shall be applicable (G.S. 160D-403(f)). (Ord. of 12-7-04, No. 37-02; Ord. of 6-21-21, No. 41-21)

   No land within the corporate limits or extraterritorial zoning jurisdiction of the City of Claremont shall be used or occupied and no building within the corporate limits or extraterritorial zoning jurisdiction of the City of Claremont shall hereafter be erected, structurally altered, converted or changed in use until a certificate of occupancy shall have been issued by the Zoning Enforcement Officer stating that the building or the proposed use thereof complies with the provisions of this chapter. A certificate of occupancy either for the whole or a part of a building shall be applied for coincident with the application for a zoning permit and shall be issued within ten (10) days after the erection or structural alteration of such building, or part, shall have been completed in conformity with the provisions of this chapter. A temporary certificate of occupancy may be issued by the Zoning Enforcement Officer for a period not exceeding six (6) months during alterations or construction for partial occupancy of a building pending its completion, or for bazaars, carnivals, and revivals, provided that such temporary permit shall require such conditions and safeguards as will protect the safety of the occupants and the public. A record of all certificates shall be kept on file in the office of the Zoning Enforcement Officer and copies shall be furnished on request to any person requesting it. (Ord. of 12-7-04, No. 37-02)

   1.   Any person violating any provisions of this chapter shall be guilty of a misdemeanor and upon conviction shall be punished for each offense by a fine not exceeding two hundred dollars ($200.00) or by imprisonment not to exceed thirty (30) days.

   2.   In addition to the penalty in subsection 1. above, a violation of this chapter shall also be a civil offense and shall subject the offender to a civil penalty in the amount of fifty dollars ($50.00) per day that the violation continues. Any person violating this chapter shall be issued a written citation. The penalty shall be paid to the City of Claremont within seventy-two (72) hours from the time of issuance of the written citation.

   3.   Each day’s continuing violation shall be a separate and distinct offense.

   4.   In addition to the penalties imposed under 1. and 2. above, the provisions of this chapter may also be enforced through equitable remedies issued by a court of competent jurisdiction including injunction and order of abatement.

   5.   This chapter may be enforced by any one, all or a combination of the remedies authorized herein. (Ord. of 12-7-04, No. 37-02)

   Notices of Violation - 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 (160D-404(a)).

   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 Enforcement Officer or any other appropriate city authority or any person who would be damaged by such violation, in addition to other remedies, may institute injunction, mandamus, or other appropriate action in proceeding to prevent the violation.

   In case any sign shall be installed, erected or constructed in violation of any of the terms of this chapter, the Zoning Enforcement Officer shall notify by personal notice or registered mail the owner or lessee thereof to alter such sign so as to comply with this chapter and to secure the necessary permit therefore or to remove the sign. If such an order is not complied with within ten (10) days, the Zoning Enforcement Officer shall remove the sign at the expense of the owner or lessee thereof. In the event that such sign should become insecure, or in danger of falling, the person maintaining the same shall, upon written notice from the Zoning Enforcement Officer, forthwith, in case of immediate danger, and in any case, within ten (10) days secure it in a manner approved by the Zoning Enforcement Officer. (Ord. of 12-7-04, No. 37-02; Ord. of 6-21-21, No. 41-21)