Franklin City Zoning Code
ADMINISTRATION AND
ENFORCEMENT
§ 152.130 LAND USE ADMINISTRATOR.
A Land Use Administrator, designated by the Town Council, shall administer and enforce this chapter. If the Land Use Administrator shall find that any of the provisions of this chapter are being violated, he or she shall notify in writing the person responsible for such violations, indicating the nature of the violation and ordering the action necessary to correct it. He or she shall order discontinuance of illegal buildings or structures or illegal additions, alterations or structural changes; discontinuance of any illegal work being done; or shall take any other action authorized by this chapter to ensure compliance with or to prevent violation of its provisions.
(Ord. passed 10-1-07; Am. Ord. passed - - )
§ 152.131 LAND DEVELOPMENT PERMIT REQUIRED.
No building or other structure shall be erected, moved, added to or structurally altered, nor shall a building permit be issued, without a land development permit issued by the Land Use Administrator. No land development permit shall be issued by the Land Use Administrator except in conformity with the provisions of this chapter, unless he or she receives a written order from the Board of Adjustment in the form of an administrative review or variance as provided by this chapter.
(Ord. passed 10-1-07)
§ 152.132 APPLICATION FOR LAND DEVELOPMENT PERMIT.
(A) All applications for a land development permit shall be accompanied by a fee according to a sliding scale currently in use by the town and plans in duplicate drawn to scale which indicate the following. An electronic copy for all submissions for commercial, industrial, and new subdivision developments shall also be provided in a format readable by the town’s hardware and software resources. In the case of special use applications additional paper copies will be required for inclusion in the minutes of the meetings as may be required.
(1) The shape and dimensions of the lot on which the proposed building or use is to be erected or constructed.
(2) The location of the said lot with respect to adjacent rights-of-way.
(3) The shape, dimensions and location of all buildings, existing and proposed on the said lot.
(4) The nature of the proposed use of the buildings or land, including the extent and location of the use on the said lot.
(5) The location and dimensions of off-street parking and means of ingress and egress to such space.
(6) Any other information which the Land Use Administrator may deem necessary for consideration in enforcing the provisions of this chapter.
(B) One copy of the plans shall be returned to the applicant by the Land Use Administrator, after he or she shall have marked such copy either as approved or disapproved and attested to same by his or her signature on such copy. The original of the plans similarly marked shall be retained by the Land Use Administrator.
(Ord. passed 10-1-07; Am. Ord. passed 10-20-08)
§ 152.133 CONSTRUCTION AND USE TO BE AS PROVIDED IN APPLICATIONS, PLANS, PERMITS AND CERTIFICATES OF ZONING COMPLIANCE.
Building permits or certificates or zoning compliance issued in the basis of plans and applications approved by the Land Use Administrator authorize only the use, arrangement and construction set forth in such approved plans and applications, and no other use, arrangement, or construction. Use, arrangement, or construction differing with that authorized shall be deemed a violation of this chapter and punishable as provided by § 152.136 hereof.
(Ord. passed 10-1-07)
§ 152.134 REMEDIES.
If any building is erected, constructed, reconstructed, repaired, converted or maintained or any building, structure or land is used in violation of this chapter, the Land Use Administrator or other appropriate authority or any adjacent or other property owner who would be damaged by such violation, may institute injunction or other appropriate action in proceeding to stop the violation.
(Ord. passed 10-1-07)
§ 152.135 PROCEDURES UPON DISCOVERY OF VIOLATIONS.
If the Land Use Administrator finds that any provision of this chapter is being violated, he or she shall send a notice of violation by certified mail, return receipt requested, or by hand delivery to the owner of record of the real property. He or she may also deliver such notice to the occupant, tenant or user of the property subject to the violation. He or she shall indicate the nature of the violation and order the action necessary to correct it. Additional written notices may be sent at the Land Use Administrator’s discretion.
(Ord. passed 10-1-07)
§ 152.136 PENALTIES FOR VIOLATIONS.
Any act constituting a violation of the provisions of this chapter or a failure to comply with any of its requirements, including violations of any conditions and safeguards established in connection with the grants of variances or special use permits, shall subject the offender to a civil penalty in the amount of $500.
(A) Violators shall be issued a written notice which must be paid within ten days. Each day’s continuing violation shall be a separate and distinct offense. A civil penalty may not be appealed to the Board of Adjustment if the offender was sent a notice of violation in accordance with § 152.135 and did not take an appeal to the Board of Adjustment within the prescribed time.
(B) Notwithstanding the foregoing, provisions of this chapter may be enforced through equitable remedies issued by a court of competent jurisdiction.
(C) In addition to or in lieu of remedies authorized herein, violations of this chapter or failure to comply with any of its requirements, including violations of any conditions and safeguards established in connection with grants of variances or special use permits, may be prosecuted as a misdemeanor, punishable as provided in G.S. § 14-4.
(Ord. passed 10-1-07)