9-1.1   General Responsibilities

(A)

To accomplish the purposes of this Ordinance and to ensure compliance with these regulations, the following administrative responsibilities are assigned:

(1)

The Director of Planning and the Planning Board are responsible for making recommendations to the Elected Body regarding zoning and land use matters as required by this Ordinance. The Director of Planning may serve as secretary to the Planning Board.

(2)

The Zoning Officer shall enforce and administer the regulations of this Ordinance, under the general direction of the Planning Director and shall serve as secretary to the Board of Adjustment.

(B)

The Board of Adjustment or the Zoning Officer may seek needed legal advice of the Village Attorney.

( C-UDO-83 , § 59, 6-28-21)

9-1.2   Planning Board

(A)

Creation and Designation .....Pursuant to the authority contained in the General Statutes of the State of North Carolina (G.S. 160D-301), the Elected Body of the Village of Clemmons created and established and hereby continues a Planning Board to be known as the Village Planning Board.

(B)

Composition and Terms of Members

(1)

The Village of Clemmons Planning Board shall be comprised of seven (7) members, who are residents of the Village, and who shall hold no other public office with the Village of Clemmons. The members of the Board shall be appointed by the Elected Body.

(2)

The term of members shall range from one (1) to three (3) years with three (3) years being the standard.

(3)

If a vacancy shall occur otherwise than by expiration of term, it shall be filled by appointment as provided above for the unexpired term.

(4)

Faithfully attending at least two-thirds (⅔) of all meetings of the Planning Board during any fiscal year is considered a prerequisite for the maintenance of membership, and the Elected Body will remove and replace any member continually delinquent in their duty to attend and for other just cause. Members shall be eligible for reappointment for a maximum of two (2) consecutive full three (3) year terms at which point they will not be eligible for reappointment for at least one (1) year.

(5)

Removal for Cause. .....The Elected Body may remove and replace any member of the Planning Board for cause upon written concerns.

(6)

Reserved

(C)

Organization, Meetings, and Records .....The Planning Board shall adopt and publish Rules of Procedure for the conduct of its business.

(D)

Conflict of Interest

(1)

All members of the Board including the Chairperson shall have voting power on all matters of business. However, village officials have a duty to protect the integrity of governmental decisions and preclude the appearance of conflict of interest. Therefore, per G.S. 160D-109, Board members shall not vote on any advisory or legislative decision regarding a development regulation adopted pursuant to the Unified Development Ordinances where the outcome of the matter being considered is reasonably likely to have a direct, substantial, and readily identifiable financial impact on the member. An appointed board member shall not vote on any zoning amendment if the landowner of the property subject to a rezoning petition or the applicant for a text amendment is a person with whom the member has a close familial, business, or other associational relationship.

(2)

Additionally, Board members shall announce their conflict of interest at the point of the agenda when the Board begins consideration of the item. At that point, the member will state the point of conflict and ask to be excused from voting. An affirmative vote equal to a majority of all the members present shall be required to approve the request. A failure to vote by a member who is physically present in the meeting, or who has withdrawn without being officially excused by a majority vote of the remaining members present, shall be recorded as an affirmative vote. Any Board member excused from voting shall also be prohibited from participating in any Board discussion from which he or she is excused.

(3)

Board members excused from voting and participating in discussion on a matter under consideration shall temporarily remove themselves from the proximity of the Board and may be allowed to address the Board as a member of the audience, if desired. This applies to work sessions and regular meetings.

(4)

Resolution to Objection. .....If an objection is raised to a board member's participation or prior to the hearing or vote on a particular matter and that member does not recuse themselves, the remaining members of the board shall by majority vote rule on the objection.

(E)

Powers and Duties. .....It shall be the function and duty of the Planning Board to make comprehensive surveys and studies of existing conditions and probable future developments and prepare such plans for physical, social and economic growth, as will best promote the public health, safety, morals, convenience or the general welfare as well as efficiency and economy in the development of the village.

(1)

In general, The Planning Board shall have the power and duty to:

(a)

At the direction of, or with the approval of the Elected Body, to make studies of the area within its jurisdiction and surrounding areas;

(b)

Determine objectives to be sought in the development of the study area, and work on community design and appearance with the Community Appearance Commission;

(c)

Prepare and adopt plans for achieving objectives.

(d)

To facilitate the ability to gather information pertinent to the drafting, establishment, and maintenance of a community development plan, the Board may conduct such citizen engagement as are necessary.

(e)

To appoint sub-committees from both within the outside of the Planning Board membership and to authorize expenditures, as it may see fit, subject to limitations of funds provided for the Planning Board by the Elected Body.

(f)

To develop and recommend policies, ordinances, administrative procedures (including cost analysis), and the means for carrying out these plans.

(g)

To exercise any function in the administration of these plans that the Elected Body may direct.

(h)

To review and make recommendations to the Elected Body upon the extent, location, and design of all public structures and facilities, on the acquisition and disposal of public properties, on the opening, abandonment, widening, extension, narrowing or other changes to streets or other public ways, on the construction, extension, expansion or abandonment of utilities whether publicly- or privately-owned.

(i)

To enter into and carry out contracts with any other municipal, county, or regional council or planning agency under which it agrees to furnish technical assistance to the other local governments or planning agency, for pay or other services rendered, as allowed by the Elected Body. The Planning Board, as allowed by the Elected Body, may enter into and carry out contracts with any other municipal, county, or regional planning agency under which it agrees to pay the other local government or planning agency for technical planning assistance.

(j)

To perform any other duties that the Elected Body may direct.

(k)

In order to promote public interest in and understanding of its recommendations, the Planning Board may publish and distribute copies of its recommendations, and it may use other means of publicity and education to these same ends.

(l)

Members may attend planning conferences or meetings of planning institutes or hearings on pending planning legislation, and the village may pay reasonable expenses within the Planning Board budget as appropriated.

(2)

Site Plan Review .....The Planning Board shall review all requests for permits requiring site plan review, as designated in Table B.2.6, special use district zoning, and development agreements to assure the Use Conditions of Section B.2-5 and other provisions of the Unified Development Ordinances are met.

(a)

Approval and Conditions. .....The Planning Board shall approve any requests for permits which meet all the requirements of the Unified Development Ordinances and deny any such requests which do not meet all the requirements of the Unified Development Ordinances. The Planning Board may, as part of its approval, require conditions per B.6-2.4(D) to reduce impacts associated with the project.

(c)

Staff Changes. .....Staff may only modify site plans per minor modifications specified in Article VI Administrative Provisions of this Ordinance.

(F)

Amendments to the Unified Development Ordinances and the Official Zoning Maps .....The Planning Board shall review all requests for amendments to the Unified Development Ordinances and the Official Zoning Maps and make recommendations to the Elected Body, in accordance with Article VI Administrative Provisions of this Ordinance.

(G)

Annual Report of Activities and Analysis of Expenditures .....The Planning Board may, annually, submit to the Elected Body a written report of its activities, and an analysis of the expenditures to date for operation during the ensuing year.

(H)

Separate Board Required .....Notwithstanding the authority to assign duties of the Planning Board to the Elected Body as provided in this Ordinance, the review and comment required shall not be assigned to the Elected Body and must be performed by a separate board per 160D-604(e) of North Carolina General Statutes.

( C-UDO-83 , § 59, 6-28-21; C-UDO-87, § 10, 7-25-22)

9-1.3   Board of Adjustment

(A)

Creation and Designation .....Pursuant to the authority conferred by the North Carolina General Statute (G.S.) 160D Article 3, the Elected Body of the Village of Clemmons created and established and hereby continues a Board of Adjustment to be known as the Clemmons Board of Adjustment. The Clemmons Board of Adjustment shall consist of five (5) members with two (2) alternate members.

(B)

Composition and Terms of Members

(1)

Tenure. .....The members are to serve for terms of three (3) years, except that the initial Board of Adjustment is to consist of one appointee for a term of one year; two (2) appointees for terms of two (2) years, and two (2) appointees for terms of three (3) years. Thereafter, all appointments are to be for terms of three (3) years. The two (2) alternate members are to serve for terms of three (3) years.

(2)

Vacancies. .....Any vacancy on the Board of Adjustment is to be filled by the Elected Body for the remainder of the unexpired term.

(3)

Removal for Cause. .....The Elected Body may remove and replace any member of the Board of Adjustment for cause upon written concerns.

(4)

Alternates. .....In the absence or temporary disqualification of any regular member at a regular or special meeting of the Board of Adjustment, an alternate member or members may sit on the Board of Adjustment and serve in replacement while attending the regular or special meeting, and shall have and exercise all the powers and duties of a regular member for that meeting.

(5)

Rules and Procedures ......The Board of Adjustment shall adopt rules and procedures as it deems necessary.

(C)

Voting .....The concurring vote of a simple majority of the Board of Adjustment shall be necessary for all decisions except for a variance which will require a four-fifths (⅘) vote to decide in favor of the petitioner. For the purposes of this subsection, vacant positions on the board and members who are disqualified from voting on a quasi-judicial decision shall not be considered members of the board for calculation of the requisite supermajority if there are no qualified alternates available to take the place of such members.

(D)

Conflict of Interest

(1)

Per G.S. 160D-109 a member of the Board of Adjustment shall not participate in or vote on any quasi-judicial matter in a manner that would violate affected persons' constitutional rights to an impartial decision maker. Impermissible violations of due process include, but are not limited to, a member having a fixed opinion prior to hearing the matter that is not susceptible to change, undisclosed ex parte communications, a close familial, business, or other associational relationship with an affected person, or a financial interest in the outcome of the matter.

(2)

Resolution to Objection. .....If an objection is raised to a board member's participation or prior to the hearing or vote on a particular matter and that member does not recuse themselves, the remaining members of the board shall by majority vote rule on the objection.

(E)

Powers and Duties

(1)

Special Use Permits authorized by the Board of Adjustment. .....The Board of Adjustment shall review all requests for permits as designated in Table B.2.6 and Section B.2-5.

(2)

Variances. .....The Board of Adjustment has authority to grant variances per Section B.6-2.10 Variances.

(3)

Appeals and interpretations. .....Appeals of administrative decisions and the Historic Resources Commission shall be made to the Board of Adjustment as provided in the Unified Development Ordinances.

(4)

Quasi-Judicial Decisions. .....The Board of Adjustment shall hold evidentiary hearings for variances, special use permits, and appeals and interpretations per Section B.6-1.5(B).

( C-UDO-83 , § 59, 6-28-21; C-UDO-87 , § 9, 7-25-22)

9-1.4   Forsyth County Historic Resources Commission

(A)

Creation .....Pursuant to the authority conferred by the North Carolina General Statutes (G.S.) 160D Article 3, the Forsyth County Board of Commissioners, the City Council of the City of Winston-Salem, the Board of Aldermen of the Town of Kernersville, the Village Council of Clemmons, and the Town Councils of the Towns of Bethania, Lewisville, Rural Hall, and Walkertown (hereinafter the Elected Bodies) by concurrent ordinances, do hereby create and establish a joint commission to be known as the Forsyth County Historic Resources Commission (hereinafter the Commission). In establishing the Commission and making appointments to it, the Elected Bodies may seek the advice of State or local historical agencies, societies, or organizations. For purposes of this Article IV of this Ordinance, County/City/Town/Village shall refer, to Forsyth County and the City of Winston-Salem, the Town of Kernersville, the Village of Clemmons, and the Town Councils of the Towns of Bethania, Lewisville, Rural Hall, and Walkertown or jointly, as the context requires.

(B)

Purpose .....The purpose of the Commission is to safeguard the heritage of the County, the City, the Towns, and the Village by preserving any district or landmark therein that embodies important elements of its culture, history, architectural history, or prehistory; and to promote the use and conservation of such district or landmark for the education, pleasure and enrichment of the residents of the city or county and the State as a whole.

(C)

Composition, qualifications, and terms of members .....The Commission is designated as the historic preservation advisory and decision-making board for Forsyth County.

(1)

Composition. .....The Commission shall consist of twelve (12) members appointed as follows:

(a)

Five (5) by the Forsyth County Board of Commissioners, which shall include representation from Bethania, Lewisville, Rural Hall, and Walkertown;

(b)

Five (5) by the Winston-Salem City Council;

(c)

One (1) by the Kernersville Board of Alderman; and

(d)

One (1) by the Clemmons Village Council.

(2)

Qualifications and Organization.

(a)

All members of the Commission shall reside within Forsyth County.

(b)

All members of the Commission shall have a demonstrated interest or competence in, or knowledge of, historic preservation; and a majority of members shall have demonstrated special interest, experience, or education in history, architecture, archaeology, or related fields.

(c)

The Commission shall consist of six (6) at-large members and six (6) categorical members. The categorical members shall include at least one (1) each of the following categories:

(i)

Architect licensed in the State of North Carolina;

(ii)

Architectural historian or historic preservationist;

(iii)

Archaeologist, landscape architect/designer, planner, surveyor, or arborist;

(iv)

Historic (H) District property owner;

(v)

Historic Overlay (HO) District property owner; or

(vi)

Local Historic Landmark (LHL) property owner

(d)

Appointment of Categorical Members. .....The six (6) categorical members shall be appointed as follow:

(i)

The Forsyth County Board of Commissioners shall appoint one (1) architect licensed in the State of North Carolina, and one (1) Local Historic Landmark (LHL) property owner; and

(ii)

The Winston-Salem City Council shall appoint one (1) architectural historian or historic preservationist, one (1) archaeologist, landscape architect/designer, planner, surveyor, or arborist, one (1) Historic (H) District property owner, and one (1) Historic Overlay (HO) District property owner, in accordance with regulations required by certified local government status.

(3)

Term.

(a)

The regular term of office for Commission members shall be four (4) years.

(b)

A member may be reappointed for a second consecutive term, but, thereafter, a member shall be ineligible for reappointment until one (1) full term has elapsed from the member's termination of service.

(c)

Members shall continue in office until a successor has been appointed and qualified.

(d)

Service of less than fifty (50) percent of a normal term shall not be deemed a term, and service for more than fifty (50) percent shall be deemed a term.

(4)

Meetings.

(a)

The Commission shall establish a meeting time, and shall meet at least monthly, unless there is not sufficient business to warrant a meeting.

(b)

All meetings of the Commission shall be open to the public and subject to the North Carolina Open Meetings Law.

(c)

Meeting Minutes. .....The Commission shall keep permanent minutes of its meetings. The minutes shall record attendance of its members, its resolutions, findings, recommendations, and other actions. The minutes of the Commission shall be a public record.

(5)

Rules of Procedure. .....The Commission shall adopt and publish Rules of Procedure for the conduct of its business.

(6)

Annual Report. .....An annual report shall be prepared and submitted by December of each year to the Elected Bodies. Such report shall include a comprehensive and detailed review of the activities and actions of the Commission, as well as any budget requests and/or recommendations.

(D)

Powers and Duties

(1)

General Responsibilities. .....The Commission shall act to promote, enhance, and preserve the character and heritage of Forsyth County

(2)

Specific Authority and Powers. .....The Commission shall have all powers of an historic preservation commission as provided in G.S. 160D Article 9 Part 4, including the following duties and responsibilities:

(a)

To undertake inventories of properties of historical, archaeological, architectural, and/or cultural significance;

(b)

To recommend to the Elected Bodies that individual properties be designated as Local Historic Landmarks (LHL) and/or that areas be designated as Historic (H) or Historic Overlay (HO) Districts and to recommend that the Elected Bodies revoke historic landmark and/or district designations, in whole or part, for cause;

(c)

To review and act on proposals for exterior alteration, relocation, new construction, or demolition of, or within, designated historic landmarks or districts in accordance with G.S. 160D Article 9 Part 4;

(d)

To review and act on proposals for alteration of interior features of designated historic landmarks if such features are specified in the designation ordinance;

(e)

To delay the relocation, demolition, or destruction of a designated landmark, or a building, structure, or site located within a designated historic district for not more than three hundred sixty-five (365) calendar days from the date of approval.

(f)

To negotiate with property owners who have received a Certificate of Appropriateness to demolish or relocate designated historic landmarks and/or properties within designated historic districts, in an effort to find a means of preserving the properties;

(g)

To delay demolition or destruction of buildings, sites, or structures proposed for historic landmark designation or located in areas proposed for historic district designation, for which the Commission has voted to recommend designation, for up to one hundred eighty (180) days, or until the Elected Bodies take final action on the recommendation, whichever occurs first;

(h)

To report violations of the law to the appropriate Inspections Division of the County/City/Town/Village responsible for enforcement, and/or institute action to prevent, restrain, correct, or abate violations of Article IV and Article VI of this Ordinance;

(i)

To organize itself and conduct its business by whatever legal means it deems proper and to appoint advisory bodies or committees, as appropriate;

(j)

To receive and spend funds appropriated by the Elected Bodies for operation and performance of the Commission's duties and to accept funds granted to the Commission from private or nonprofit organizations or individuals;

(k)

To contract for services or funds from the State of North Carolina and agencies or departments of the United States government and to obtain the services of private consultants in order to perform the Commission's official duties;

(l)

To Acquire by any lawful means the fee or any lesser included interest, including options to purchase, to properties within established districts or to any such properties designated as landmarks to hold, manage, preserve, restore, and improve such properties, and to exchange or dispose of the property by public or private sale, lease or otherwise, subject to covenants or other legally binding restrictions that will secure appropriate rights of public access and promote the preservation of the property pursuant to G.S. 160D-942(A)(3)

(m)

To enter private lands to examine or survey them, at reasonable times and with the consent of the owner or occupant, in order to perform the Commission's official duties;

(n)

To give advice to property owners concerning treatment of the historic and related visual characteristics of their properties and to conduct educational programs on historic resources within Forsyth County;

(o)

To publish information about, or otherwise inform the public and/or owners of designated historic landmarks or property within designated historic districts of any matters pertinent to the Commission's duties, organization, procedures, responsibilities, functions, or requirements;

(p)

To undertake programs of information, research, or analysis relating to any matters under the Commission's purview;

(q)

To recommend to the Elected Bodies and the State of North Carolina buildings, structures, sites, objects, or districts worthy of national, State, or local recognition;

(r)

To cooperate with State and federal governments on matters related to historic preservation and to cooperate with local governmental boards, commissions, or agencies or other governmental units;

(s)

To offer or request assistance, aid, guidance, or advice concerning matters under its purview or of mutual interest;

(t)

To prepare and recommend adoption of a preservation element as part of a comprehensive plan for the County/City/Town/Village;

(u)

To propose to the Elected Bodies changes to this or any related ordinance, and to propose new ordinances or laws relating to designated historic landmarks or districts, or relating to the total program for the development of the historic resources of Forsyth County; and,

(v)

To exercise such other powers and perform such other duties as are required elsewhere by this Ordinance, State law, or by the Elected Bodies.

(E)

Conflict of Interest

(1)

Per G.S. 160D-109 a member of the Historic Resources Commission shall not participate in or vote on any quasi-judicial matter in a manner that would violate affected persons' constitutional rights to an impartial decision maker. Impermissible violations of due process include, but are not limited to, a member having a fixed opinion prior to hearing the matter that is not susceptible to change, undisclosed ex parte communications, a close familial, business, or other associational relationship with an affected person, or a financial interest in the outcome of the matter.

(2)

Resolution to Objection…If an objection is raised to a board member's participation or prior to the hearing or vote on a particular matter and that member does not recuse themselves, the remaining members of the board shall by majority vote rule on the objection.

( C-UDO-83 , § 59, 6-28-21)

9-1.5   Community Appearance Commission

(A)

Creation and Designation .....Pursuant to the authority conferred by the North Carolina General Statute (G.S.) 160D Article 3, the Elected Body of the Village of Clemmons creates and establishes the Community Appearance Commission hereinafter referred to as the Commission, composed of nine members appointed by the Village Council. All members shall be residents of the village's planning and zoning jurisdiction at time of appointment. The Village Council shall endeavor to appoint a Commission which represents a broad cross-section of the community.

(B)

Membership qualification and Terms of Office

(1)

Where possible, appointments shall be made in such a manner as to maintain on the Commission at all times a majority of members who have had special training or experience in a design field, such as architecture, landscape design or architecture, horticulture, land use planning or a closely related field.

(2)

The terms of office of the members shall be three (3) years, except that the Village Council may stagger the length of the terms of the initial appointees so that all terms do not expire simultaneously.

(3)

Vacancies occurring for reasons other than expiration of terms shall be filled for the period of the unexpired term. Members, including a member who has served a portion of an unexpired term, shall be eligible for reappointment for a full three (3) year term. There shall be no limit to the number of consecutive terms to which the Council may appoint or reappoint a member.

(4)

Members of the Commission shall serve without pay, but may be reimbursed for actual expenses incidental to the performance of their duties within the limits of funds available to the Commission.

(C)

Organization

(1)

The Appearance Commission, within thirty (30) days of its appointment, shall meet and elect a Chairperson, Vice-Chairperson, Secretary and Treasurer.

(2)

The Commission shall maintain a record of its members' attendance, its actions, findings, and recommendations, which record shall be open to the public.

(3)

A quorum of five (5) members shall be necessary to take any official action authorized or required by this Ordinance.

(4)

Removal for Cause. .....The Elected Body may remove and replace a member of the Community Appearance Commission for cause upon written concerns.

(5)

Election to the office of Chairperson, Vice-chairperson, Secretary and Treasurer shall be for a term of one (1) year.

(6)

The Treasurer shall prepare and report to the Commission the proposed budget and record of expenditures at each meeting attended by a quorum.

(D)

Powers and Duties of Commission .....The Community Appearance Commission shall make careful study of the visual problems and needs of the Village of Clemmons within its planning and development regulation jurisdiction and shall make any plans and carry out any programs that will, in accordance with the G.S. 160D-960 and this Ordinance, enhance and improve the visual quality and aesthetic characteristics of the Village of Clemmons. To this end, the Elected Body has conferred upon the Community Appearance Commission the following powers and duties:

(1)

To initiate, promote, and assist in the implementation of programs of general community beautification in the Village of Clemmons.

(2)

To coordinate the activities of individuals, agencies, and organizations, public and private, whose plans, activities, and programs bear upon the appearance of the Village of Clemmons.

(3)

To provide leadership and guidance in matters of area or community design and appearance to individuals, to public and private organizations, and to agencies.

(4)

To make studies of the visual characteristics and problems of the Village of Clemmons, including surveys and inventories of an appropriate nature, and to recommend standards and policies of design for the entire area, any portion or neighborhood thereof, or any project to be undertaken.

(5)

To prepare both general and specific plans for the improved appearance of the Village of Clemmons. These plans may include the entire area or any part thereof and may include private as well as public property. The plans shall set forth desirable standards and goals for the aesthetic enhancement of the Village of Clemmons or any part thereof within its area of planning and development regulation jurisdiction, including public ways and areas, open spaces, and public and private buildings and projects.

(6)

To request from the proper officials of any public agency or body, including agencies of the State and its political subdivisions, its plans for public buildings, facilities, or projects to be located within the Village of Clemmons planning and development regulation jurisdiction. To review these plans and to make recommendations regarding their aesthetic suitability to the appropriate agency or to the Planning Board or Village Council. All plans shall be reviewed by the commission in a prompt and expeditious manner, and all recommendations of the commission with regard to any public project shall be made in writing. Copies of the recommendations shall be transmitted promptly to the Planning Board or Village Council and to the appropriate agency.

(7)

To formulate and recommend to the appropriate Planning Board or Village Council the adoption or amendment of ordinances, including zoning regulations, subdivision regulations, and other local development regulations, that will, in the opinion of the commission, serve to enhance the appearance of the Village of Clemmons and surrounding areas.

(8)

To seek voluntary adherence to the standards and policies of its plans.

(9)

To enter, in the performance of its official duties and at reasonable times, upon private lands and make examinations or surveys.

(10)

To promote public interest in and an understanding of its recommendations, studies, and plans, and, to that end, prepare, publish, and distribute to the public such studies and reports that will, in the opinion of the commission, advance the cause of improved appearance.

(11)

To conduct public meetings and hearings, giving reasonable notice to the public thereof

(E)

Staff Services; Advisory Council .....The commission may recommend to the Village Council suitable arrangements for the procurement or provision of staff or technical services for the commission, and the Village Council may appropriate such amount as it deems necessary to carry out the purposes for which it was created. The commission may establish an advisory council or other committees.

(F)

Annual Report .....The commission shall, no later than April 15 of each year, submit to the Village Council a written report of its activities, a statement of its expenditures to date for the current fiscal year, and its requested budget for the next fiscal year. All accounts and funds of the commission shall be administered substantially in accordance with the requirements of the Municipal Fiscal Control Act or the County Fiscal Control Act.

(G)

Receipt and Expenditure of Funds .....The commission may receive contributions from private agencies, foundations, organizations, individuals, the State or federal government, or any other source, in addition to any sums appropriated for its use by the Village Council. It may accept and disburse these funds for any purpose within the scope of its authority as herein specified. All sums appropriated by the local government to further the work and purposes of the commission are deemed to be for a public purpose.

(H)

Conflict of Interest .....A member of the Community Appearance Commission shall not vote on any advisory or legislative decision regarding a development regulation adopted pursuant to the Clemmons Unified Development Ordinances where the outcome of the matter being considered is reasonably likely to have a direct, substantial, and readily identifiable financial impact on the member. An appointed board member shall not vote on any zoning amendment if the landowner of the property subject to a rezoning petition or the applicant for a text amendment is a person with whom the member has a close familial, business, or other associational relationship. If an objection is raised to a board member's participation at or prior to the hearing or vote on a particular matter and that member does not recuse himself or herself, the remaining members of the board shall by majority vote rule on the objection.

( C-UDO-83 , § 59, 6-28-21)

9-1.6   Zoning Officer

To ensure compliance with the provision of the Unified Development Ordinances, the Zoning Officer shall:

(A)

Issue Permits .....Issue the following documents:

(1)

Zoning Permits. .....See section B.6-2.2 Zoning Permits.

(2)

Certificate of Occupancy. .....See section B.6-2.1 Certificate of Occupancy.

(3)

Permits Requiring Site Plan Review by the Planning Board. .....Whenever the Planning Board approves a use requiring site plan review pursuant to Article VI of this Ordinance, the Zoning Officer shall issue any necessary building permit and certificate of occupancy in accordance with the terms of such approval. All other conditions are to be met prior to the issuance of building permits, certificates of occupancy, or other period of time as determined by the Zoning Officer.

(4)

Special Use Permits, Variances and Special Use District Zoning. .....Whenever the authorized board approves an application for a special use permit, variance, or as a special use zoning district pursuant to Article VI of this Ordinance, the Zoning Officer shall issue any necessary building permit and certificate of occupancy in accordance with the terms of such approval. All other conditions are to be met prior to the issuance of building permits, certificates of occupancy, or other period of time as determined by the Zoning Officer.

(5)

Temporary Use Permits. .....See section B.6-2.3 Temporary Use Permits.

(6)

Certificate of Appropriateness. .....Whenever the Historic District Commission issues a certificate of appropriateness as required in the H and HO Districts, the Zoning Officer shall issue any necessary building permit and certificate of occupancy in accordance with the terms of such approval.

(B)

Maintain Records .....Make and maintain records of all applications for permits submitted to the Zoning Officer, and records of all permits and plans submitted, which shall be available for inspection at reasonable times by any interested person.

(C)

Inspect and Enforce .....Conduct inspections of premises and take other lawful action to obtain compliance with the provisions of this Ordinance as authorized in Section B.9-2 Enforcement.

(D)

Conflict of Interest

(1)

Per 160D-109 neither the Zoning Officer or planning staff shall be financially interested or employed by a business that is financially interested in a development subject to regulation under Unified Development Ordinances unless the Zoning Officer or planning staff member is the owner of the land or building involved. Neither the Zoning Officer or other individuals or an employee of a company contracting with the Village of Clemmons to provide staff support shall engage in any work that is inconsistent with his or her duties or with the interest of the Village of Clemmons, as determined by the Village of Clemmons.

(2)

Familial Relationship. .....For purposes of this section, a "close familial relationship" means a spouse, parent, child, brother, sister, grandparent, or grandchild. The term includes the step, half, and in-law relationships per G.S. 160D-109(f).

(3)

Resolution to Objection. .....If an objection is raised to a board member's participation or prior to the hearing or vote on a particular matter and that member does not recuse themselves, the remaining members of the board shall by majority vote rule on the objection.

( C-UDO-83 , § 59, 6-28-21)

9-2.1   Enforcement Procedures

(A)

Notices of Violation .....When the Zoning Officer or designee determines work or activity has been undertaken in violation of the Unified Development Ordinances or any State law delegated to the Village of Clemmons 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.

(1)

Notification Procedures.

(a)

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.

(b)

The notice of violation may be posted on the property.

(c)

The Zoning Officer or designee 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.

(2)

Appeals. .....Except as provided by G.S. 160D-1123 or G.S. 160D-1206 or otherwise provided by law, appeals of a notice of violation shall be made to the Board of Adjustment per Section B.6-2.11 Appeals and Interpretations.

(B)

Stop Work Orders .....Whenever any work or activity subject to regulation pursuant to the Unified Development Ordinances or any State law delegated to the Village of Clemmons for enforcement purposes in lieu of the State is undertaken in substantial violation of any State or local law, or in a manner that endangers life or property, the Zoning Officer or designee may order the specific part of the work or activity that is in violation or presents such a hazard to be immediately stopped.

(1)

Notification Procedures.

(a)

The order shall be in writing, directed to the person doing the work or activity, and shall state the specific work or activity to be stopped, the reasons therefore, and the conditions under which the work or activity may be resumed. A copy of the order shall be delivered to the holder of the development approval and to the owner of the property involved (if that person is not the holder of the development approval) by personal delivery, electronic delivery, or first-class mail.

(b)

The Zoning Officer or designee delivering the stop work order shall certify to the local government that the order was delivered and that certificate shall be deemed conclusive in the absence of fraud.

(2)

Except as provided by G.S. 160D-1112 and G.S. 160D-1208, a stop work order shall be appealed pursuant to section B.6-2.11 Appeals and Interpretations. No further work or activity shall take place in violation of a stop work order pending a ruling on the appeal. Violation of a stop work order pertaining to unsafe buildings shall constitute a Class 1 misdemeanor.

(C)

Historic Properties .....In case any building, structure, site, area, or object designated as a historic landmark or located within a historic district designated pursuant to this Ordinance is about to be demolished whether as the result of deliberate neglect or otherwise, materially altered, remodeled, removed, or destroyed, except in compliance with the development regulation or other provisions of this Ordinance, the local government, the Historic Resources Commission, or other party aggrieved by such action may institute any appropriate action or proceedings to prevent such unlawful demolition, destruction, material alteration, remodeling, or removal, to restrain, correct, or abate such violation, or to prevent any illegal act or conduct with respect to such building, structure, site, area, or object.

( C-UDO-83 , § 59, 6-28-21; Ord. No. C-UDO-86 , § 3, 3-28-22; C-UDO-87 , § 11, 7-25-22)

9-2.2   Civil Penalties

(A)

Assessment of Civil Penalties

(1)

Any person, firm, or corporation violating any provisions of this Ordinance shall be subject to a civil penalty of one hundred dollars ($100.00) to be recovered by the jurisdiction in a civil action in the nature of a debt.

(2)

No civil penalty shall be assessed until the person alleged to be in violation has been notified of the violation by the Zoning Officer.

(3)

Failure to correct the violation within ten (10) days of the date of service of the notice, or the end of the period of any extension, will result in the assessment of a civil penalty or other enforcement action.

(4)

For good cause determined by the Zoning Officer, the correction period may be extended by them.

(5)

Each day of continuing violation shall constitute a separate violation.

(B)

Referral to Attorneys .....If payment is not received within thirty (30) days after written demand for payment is made, the Zoning Officer may refer the matter to the Village's Attorney who is authorized to institute a civil action in the name of the jurisdiction in the appropriate division of the General Court of Justice for recovery of the penalty.

(C)

Settlement Authority

(1)

The Planning Director or a designee shall have the authority to settle any zoning enforcement civil penalty collection action, provided the following are satisfied:

(a)

All zoning violations for the property subject to the civil penalty collection action have first been abated.

(b)

The parcel in violation has not been in violation of any development regulations within the past twelve (12) months. Time will be calculated from the date the notice of violation was issued to the landowner.

( C-UDO-83 , § 59, 6-28-21; Ord. No. C-UDO-86 , § 5, 3-28-22)

Editor's note— Ord. No. C-UDO-86, § 4, 3-28-22 repealed former § 9-2.2 in its entirety which pertained to criminal penalties in its entirety and derived from C-UDI-83 , § 59, 6-28-21. Section 5 of said ordinance amended and renumbered said former § 9-2.3 as 9-2.2.

Ord. No. C-UDO-86 , § 6, 3-28-22, renumbered former §§ 9-2.4—9-2.6 as §§ 9-2.3—9-2.5.

9-2.3   Injunctive or Other Relief

(A)

Referral to Attorney .....In addition to other remedies provided by law, whenever the Zoning Officer has reasonable cause to believe that any person is violating or threatening to violate this Ordinance, the Zoning Officer may refer the matter to the Village's Attorney.

(B)

Other Appropriate Action .....The Village's Attorney, on behalf of the Village of Clemmons, may in addition to other remedies provided by law, institute injunction, mandamus, abatement, or any other appropriate action or actions, proceeding or proceedings to prevent, enjoin, abate, or remove such unlawful erection, construction, reconstruction, alteration, maintenance, or use.

( C-UDO-83 , § 59, 6-28-21; Ord. No. C-UDO-86 , § 6, 3-28-22)

9-2.4   Special Use District and Special Use Permits

(A)

Any violation of a condition or other provision shown on the face of a site plan adopted as: Part of a special use permits approved by the Board of Adjustment and special use zoning district approved by the Elected Body shall be a violation of this Ordinance.

(B)

Where the Zoning Officer determines that any term or condition of a special use zoning district or special use permit is not adhered to, the Zoning Officer shall notify the petitioner or successor in interest of their findings in writing.

(C)

The petitioner shall have five (5) days unless the Zoning Officer determines that a longer period of time is reasonably necessary to correct the violation.

(D)

In the event that any violation is not corrected or abated within the five (5) days or the specified period, all development shall cease and all government permits granted pursuant thereto, such as but not necessarily limited to, a building permit, shall be revoked.

(E)

The Director of Planning shall determine the proper procedure to amend the site plan, including a formal site plan amendment or a staff change minor modification pursuant to Article VI of this Ordinance.

(F)

Revocation of a special use zoning district and special use permit shall follow the same development review and approval process required for the issuance of the initial development approval.

( C-UDO-83 , § 59, 6-28-21; Ord. No. C-UDO-86 , § 6, 3-28-22)

9-2.5   Revocation of Approvals

(A)

In addition to initiation of enforcement actions in Section B.9-2 development approvals, multiphase developments, and development agreements may be revoked by the local government issuing the development approval, multiphase development, and development agreement 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, multiphase development, development agreement including any required notice or hearing, in the review and approval of any revocation of that approval. Development approvals, multiphase development, and development agreements 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 Village of Clemmons for enforcement purposes in lieu of the State; or for false statements or misrepresentations made in securing the approval. Any development approval, multiphase development, and development agreement mistakenly issued in violation of an applicable State or local law may also be revoked.

( C-UDO-83 , § 59, 6-28-21; Ord. No. C-UDO-86 , § 6, 3-28-22)