(A)   The Zoning Enforcement Officer is authorized and it shall be his or her duty to enforce and administer the provisions of this chapter.

   (B)   If a ruling of the Zoning Enforcement Officer is questioned, the aggrieved party or parties may appeal such ruling to the Board of Adjustment.

(1996 Code, § 155.280) (Ord. passed 5-21-1984)

   No building, sign, or other structure shall be erected, moved, extended, or enlarged, or structurally altered, nor shall any excavation or filling of any lot for the construction of any building or structure be commenced, nor shall any use be established or re-established on a lot, nor shall any use be expanded, enlarged, or intensified until the Zoning Enforcement Officer has issued a zoning compliance permit for such activity.

(1996 Code, § 155.281) (Ord. passed 5-21-1984; Ord. passed 5-16-2005)

   (A)   Each application to the Zoning Enforcement Officer for a zoning compliance permit shall be accompanied by a site plan showing:

      (1)   The actual dimensions of the lot to be built upon;

      (2)   The size of the building or structure to be erected;

      (3)   The location of the building or structure to be erected or the proposed use of the lot. A surveyed site plan may be required when the proposed location of the building, structure, or use would, if located improperly, be in violation with this chapter;

      (4)   The location of existing buildings or structures on the lot, if any;

      (5)   The number of dwelling units the building is designed to accommodate;

      (6)   The approximate setback lines of building on adjoining lots;

      (7)   The intended use of the property;

      (8)   In the case of a private on-site wastewater treatment system (septic system), a copy of the approved permit from the County Health Department or applicable state agency;

      (9)   In the case of a manufactured home, information validating the age, size, model number, and serial number of the manufactured home. A copy of the current bill of sale, current title, or certified tax listing form from the county in which the home is presently located may be used to validate the age, size, model number, and serial number;

      (10)   In the case of commercial, industrial, or other nonresidential use, any additional information necessary to determine compliance with parking, loading, landscaping, utility, storm drainage, or other applicable sections of this chapter; and

      (11)   Such other information as may be essential for determining whether or not the provisions of this section are being observed.

   (B)   Any zoning permit issued shall expire and be canceled unless the work authorized by it shall have begun within six months of its date of issue, or if the work authorized by it is suspended or abandoned for a period of one year. In the case of site-built construction, the beginning of authorized work shall be deemed to be the pouring of footers for a foundation. In the case of manufactured housing, the beginning of work shall be deemed to be the placement and anchoring of the home and connection of necessary utilities for such manufactured home. In the event a zoning permit expires, written notice shall be given to the person affected, including notice that further work as described in the canceled permit shall not proceed unless and until another zoning permit has been obtained.

(1996 Code, § 155.282) (Ord. passed 5-21-1984; Ord. passed 5-16-2005)

   (A)   Whenever the regulations contained in this chapter require a greater width or size of yards, courts, or other spaces; require a lower height of building or fewer number of stories; require a greater percentage of lot to be left unoccupied; or impose other higher standards than are required in any other statute, ordinance, or regulation, the provisions of this chapter shall govern.

   (B)   Whenever the provisions of a statute, this code, ordinance, or regulation require a lower height of building or a fewer number of stories; require a greater percentage of lot to be left unoccupied; or impose other higher standards than are required by this chapter, the provisions of such state code, ordinance, or regulation shall govern.

(1996 Code, § 155.283) (Ord. passed 5-21-1984)

   In interpreting and applying the provisions of this chapter, they shall be held to be the minimum requirements for the promotion of the public safety, health, convenience, prosperity, and general welfare. It is not intended by this chapter to interfere with, abrogate, or annul any easements, covenants, or other agreements between parties.

(1996 Code, § 155.284) (Ord. passed 5-21-1984)

   This chapter in part carries forward by reenactment some of the provisions of the [prior] Zoning Code of the county, and it is not the intention to repeal but rather to reenact and continue in force such existing provisions so that all rights and liabilities that have accrued are preserved and may be enforced. All provisions of the Zoning Code of the county enacted in 1973, as amended, which are not reenacted are repealed. All suits at law or in equity and/or all prosecutions resulting from the violation of any zoning ordinance in effect, which are now pending in any of the courts of this state or of the United States, shall not be abated or abandoned by reason of the adoption of this chapter, but shall be prosecuted to their finality the same as if this chapter had not been adopted; and any and all violations of the existing zoning ordinance, prosecutions for which have not yet been instituted, may be filed and prosecuted; and nothing in this chapter shall be so construed as to abandon, abate, or dismiss any litigation or prosecution not pending and/or which may have been instituted or prosecuted.

(1996 Code, § 155.285) (Ord. passed 5-21-1984) Penalty, see § 155.999

   Fees shall be paid at the time an application is presented to the Zoning Enforcement Officer at rates established by the Board of Commissioners.

(1996 Code, § 155.286) (Ord. passed 5-21-1984; Ord. passed 8-16-1999)

   (A)   If any structure is constructed, altered, repaired, converted, or maintained; or any structure or land is used in violation of this chapter; or if this chapter is otherwise in any respect violated, the Planning Director shall first send a written warning citation by registered mail, certified mail, first class mail, or personal delivery to the person responsible for such violation, indicating the nature of the violation and ordering action necessary to correct it. Following 30 days with no correction of the violation, the Planning Director shall notify the County Attorney and with the written approval of the County Attorney may institute any appropriate action or proceeding either of a civil or criminal nature to prevent or restrain such unlawful construction, alteration, repair, conversion, maintenance, use, or other violation, or impose any penalty permitted by law.

   (B)   (1)   The following civil penalties are established for violations under this section:

 

 

      (2)   Each day such violation continues, however, shall be a separate and distinct offense, punishable as herein before provided.

      (3)   These civil penalties are in addition to any other penalties that may be imposed by a court of law from violation of the provisions of this chapter.

   (C)   The provisions of this chapter shall be enforceable as follows:

      (1)   Any violation of this chapter shall constitute a misdemeanor as provided by G.S. § 14-4 and be subject to the punishment therein provided.

      (2)   This chapter may be enforced by any appropriate equitable remedy provided in G.S. § 153A-123(d) and (e), including the entering of appropriate function relief and orders of abatement as therein provided.

      (3)   In addition to the foregoing enforcement measures, this chapter may be enforced by any appropriate remedy authorized under the laws of the state.

   (D)   Further, a violation of the above section of this code shall be a violation of G.S. § 14-4 and such violation shall be classified as a Class 3 misdemeanor with a maximum fine of up to $450, except that any violations of §§ 150.999, 154.99, 155.999, and 156.999 shall not be a violation of G.S. § 14-4 and shall not be considered a misdemeanor.

(1996 Code, § 155.999) (Ord. passed 5-21-1984; Ord. passed 7-6-2009)

    APPLICATION FOR ZONING AMENDMENT

                              Date:                          

To: The Board of County Commissioners, Davie County, North Carolina

   Application is hereby made for an amendment to the Zoning (Ordinance) (Map) as follows:

Name of applicant:                                         

Address of applicant:                                      

Address and brief description of the property to be rezoned:                                                                       

Applicant’s interest in property: (Owned) (Leased) or Otherwise:                                                               

Recorded owner or owners of property:                                                                                                   

Type of zoning requested:                                                                                                                     

Sketch attached: Yes              No            (See instructions.)

Reasons for the requested rezoning:                                                                                                       

                           Signed:                                          

Action by the Planning Board:                                                                                                              

Public hearing date:                  Action:                                                                                               

Zoning Map corrected:                                                                                                                          

(1996 Code, Ch. 155 Appendix A) (Ord. passed 5-21-1984)

   CERTIFICATION FORM

   CERTIFICATION THAT
   A STATUTORY ZONING VESTED RIGHT IS
   BEING SOUGHT PURSUANT TO
   G.S. § 153A-344.1

As applicant for a                               , I hereby certify that I am seeking to acquire a vested right pursuant to G.S. § 153A-344.1.

If the county provides that the approval authority for the type of land use approval or permit for which I am applying is a board, committee, or administrative official other than the Davie County Zoning Board, it will be considered, and acted on, by the Davie County Zoning Board of Adjustments, following notice and public hearing.

   Date            Applicant

(1996 Code, Ch. 155 Appendix B) (Ord. passed - -)

Prepared and Submitted by Solar Developer ABC, the owner of Big Bright Solar Farm

Decommission Plan for Big Bright Solar Farm, located at

ADDRESS:

DATE:

As required by the County of Davie, Solar Developer ABC presents this decommissioning plan for Big Bright Solar Farm (the "Facility").

   Decommissioning will occur as a result of any of the following conditions:

      1.   The land lease ends

      2.   The system does not produce power for 12 months

      3.   The system is damaged and will not be repaired or replaced

   The owner of the Facility, as provided for in its lease with the landowner, will do the following as a minimum to decommission the project.

      1.   Remove all non-utility owned equipment, conduits, structures, fencing, and foundations to a depth of at least three feet below grade.

      2.   Remove all graveled areas and access roads unless the owner of the leased real estate requests in writing for it to stay in place.

      3.   Restore the land to a condition reasonably similar to its condition before SES development, including replacement of top soil removed or eroded.

      4.   Revegetate any cleared areas with warm season grasses that are native to the region unless requested in writing by the owner of the real estate to not revegetate due to plans for agricultural planting.

   All said removal and decommissioning shall occur within 12 months of the facility ceasing to produce power for sale.

   The owner of the Facility, currently Solar Developer ABC, is responsible for this decommissioning. Nothing in this plan relieves any obligation that the real estate property owner may have to remove the facility as outlined in the Special Use Permit in the event the operator of the farm does not fulfill this obligation.

   The owner of the Facility will provide County planning department and the Register of Deeds with an updated signed decommissioning plan within 30 days of change in the Facility Owner.

   This plan may be modified from time to time and a copy of any modified plans will be provided to the planning staff and filed with the Register of Deeds by the party responsible for decommissioning.

(Ord. passed 2- -2017)