This article establishes the procedures for all approvals, administrative reviews and administrative relief required by this chapter. This article provides the user with a guide to the procedures to be followed and the criteria for making decisions on each of the applications. It also provides for appeals from decisions taken to the courts.

(Ord. of 7-12-1999, div. 21.000)

(a)

Table 21.010A identifies the procedures and administration of various zoning actions. Subdivision and land development activities are presented in table 21.010B. Each of the tables is divided into groups of reviews that follow a common format. The first column displays all the actual procedure, one to a row. Then, each type of decision has a column which contains two subcolumns. The first subcolumn, labeled "Days," is the time limit that the agency has to conduct the proceedings. All times are in working days, except for the notice requirement which is in elapsed time. That column indicates the publication requirement for advertising (see division 6 of this article for a complete summary of the public notice requirements). The second column, labeled "Agency," indicates the responsible agency or board. Shaded areas indicate mandatory requirements. Where days and responsibilities are cited, but not shaded, the requirement is optional. If there is no language in a space, the procedure is not applicable.

(b)

A discussion of each of the steps follows in divisions 2 and 3. The discussion of each step deals only with technical requirements of each set, not the agency responsible, order or whether the step is mandatory, optional or inapplicable.

(Ord. of 7-12-1999, § 21.010; Amend. of 1-16-2007, §§ 1, 2)

TABLE 21.010A
ZONING PROCEDURES AND ADMINISTRATION

TABLE 21.010B
SUBDIVISION PROCEDURES AND ADMINISTRATION

NOTES:

• Indicates a mandatory submission.

Time in working days.

(Amend. (2) of 4-2-2007, §§ 1, 2; Amend. of 10-21-2013, § 2; Amend. (1) of 8-3-2015, § 1; Amend. of 4-19-2021(2), § 1)

These subdivisions follow a simplified review process consisting of two steps.

(Ord. of 7-12-1999, § 21.110)

(a)

Sketch plan review. Minor or family subdivisions shall be required to obtain approval of the sketch plan. The sketch plan will be reviewed and approved by the land development administrator. The sketch plan should contain the information required in appendix 1 to this chapter.

(b)

Land development administrator review. The land development administrator shall:

(1)

Consider whether or not the subdivision will adversely impact contiguous or adjoining properties.

(2)

Ensure that the proposed subdivision will comply with all applicable regulations.

(3)

Inform the applicant of any potential design concerns that the final plat will have to address. The applicant will be informed of the limitations on future subdivision inherent in the minor subdivision selected. If the proposed subdivision is not in compliance, the subdivider shall be notified of specific areas of noncompliance.

(c)

Preliminary plat review not required. Minor and family subdivisions shall not be required to receive preliminary plat approval prior to submission of the final plat.

(Ord. of 7-12-1999, § 21.111)

(a)

Maintenance of permanent record. A permanent record of all family subdivisions shall be kept by the land development administrator or his designated agent in the county planning department of each subdivider and their spouse which have been approved under this plat procedure.

(b)

Review and decision by land development administrator. The land development administrator or his designated agent shall have a maximum of 45 days from the date of receipt to review a proposed minor subdivision plat and render a decision regarding approval or disapproval. If a plat is disapproved, any revised plat submission shall constitute a new review and the time frames noted above shall apply in full.

(c)

Appeal. If the land development administrator does not render a decision within 15 days of receipt of a minor subdivision plat, the applicant may appeal to the board of adjustment for a decision on the plat. A decision by the land development administrator to disapprove a minor subdivision plat may also be appealed to the board of adjustment.

(d)

Recordation of final plat. Upon approval of the final minor subdivision plat by the land development administrator, he shall sign the plat for recordation. It shall be the responsibility of the developer to submit the plat for recordation to the county register of deeds.

(Ord. of 7-12-1999, § 21.112; Amend. of 10-21-2013, § 3)

The process for a major subdivision has two mandatory steps. Applicants may also submit a sketch plan for initial comment.

(Ord. of 7-12-1999, § 21.120)

Major subdivisions shall not be required to obtain approval of the sketch plan. However, the subdivider is encouraged to submit a sketch plan of the proposed subdivision. The sketch plan will be reviewed by the land development administrator to provide early guidance. The sketch plan should contain the information required in appendix 3 to this chapter.

(Ord. of 7-12-1999, § 21.121)

The procedural requirements for procuring major preliminary subdivision plat approval are as follows:

(1)

Submittal to land development administrator. The subdivider shall submit to the land development administrator 30 working days prior to the regularly scheduled planning board meeting an application in accordance with the requirements of appendix 4 to this chapter. If all required elements of the checklist are not present, the plan will be returned to the developer.

(2)

Review by other agencies. Prior to approval of the preliminary major subdivision plat by the planning board, the following agencies shall be afforded an opportunity to review the subdivision and offer any recommendations relative to a specific area of interest as indicated below:

a.

The district highway engineer and/or the county supervisor of the state department of transportation as to the proposed streets, highways and drainage systems;

b.

The county health director or his designated agent relative to proposed water and sewer systems;

c.

The state department of environment, health and natural resources, land resources section, land quality division, as to any proposed sedimentation and erosion control plan or associated state requirements; an approved sedimentation and erosion control plan shall be required prior to administrator approval of a major subdivision final plat;

d.

The county board of education relative to the relationship of the subdivision to any proposed school sites;

e.

The commander or the commander's designee of the Camp Butner National Guard Training Site if any section of the proposed subdivision is located within five miles of the National Guard training site or there is an increase in the size of an approved subdivision by more than 50 percent of the subdivision's total land area including developed and undeveloped land.

f.

Any other agency or official designated by the board of commissioners.

(3)

Planning board review. The land development administrator shall forward the preliminary plat of the major subdivision to the planning board for review and approval concurrently with any documents received from county or state agencies requested to review their sufficiency.

(4)

Planning board action.

a.

After considering any input and/or recommendations received in connection with the proposed subdivision in addition to any comments which the subdivider may have, the planning board shall approve, disapprove or conditionally approve the proposed major subdivision preliminary map or subdivision plat.

b.

If the planning board does not render a decision within 75 days after the preliminary plat is considered by the planning board, the applicant may appeal pursuant to G.S. 160D-1403 for a decision on the preliminary plat. A decision to approve, approve conditionally, or disapprove a preliminary plat made by the planning board may be appealed pursuant to G.S. 160D-1403.

(5)

Phased development requirements. If a subdivision is to be developed in stages, the preliminary plat shall be submitted for the entire development. A final plat may be submitted for each stage.

(6)

Time limits for preliminary plats. Following approval of a preliminary major subdivision, a final major subdivision plat may be obtained within two years. Failure to gain final plat approval within this time period shall cause the preliminary plat approval to expire and application for new preliminary plat approval under the current requirements of this chapter shall be required. If the subdivision is to be developed in phases, final major subdivision plat approval must be obtained for the first phase within two years from the date of preliminary approval. The remaining phases of the subdivision must obtain final plat approval within five years of the preliminary approval. For a multi-phase development defined in G.S. 160D-108(d)(4), the subdivision must obtain final plat approval within seven years of the preliminary approval. Roads shown on recorded phases must be taken over by the North Carolina Department of Transportation prior to the next phase receiving final plat approval. A vested right for a major preliminary subdivision may be changed or revoked as authorized by G.S. 160D-108 as it may be from time to time amended.

(Ord. of 7-12-1999, § 21.122; Amend. of 1-16-2007, § 3; Amend. (2) of 4-2-2007, § 3; Amend. of 4-5-2010, § 2; Amend. of 10-15-2012, § 1; Amend. of 6-16-2014(1), § 1; Amend. of 05-04-2015(1), § 3; Amend. of 4-19-2021(2), § 1)

The procedural requirements for procuring major final subdivision plat approval are as follows:

(1)

Submittal to the land development administrator. The subdivider shall submit to the land development administrator or his designated agent an application in accordance with appendix 5 to this chapter. If all required elements in the checklist are not submitted, the plan will be returned to the applicant. Presentation of the major final plat shall be accompanied by a check made payable to the county register of deeds in the amount being charged at such time for recordation services.

(2)

Land development administrator review and decision. The proposed major final plat shall be reviewed by the land development administrator for compliance with the approved preliminary plat. If the major final plat is in substantial compliance with the chapter or the planning board approves any amendments made to the approved preliminary plat, the land development administrator shall approve the final plat. If a plat is disapproved, any revised plat submission shall constitute a new review and the time frames noted in this section shall apply in full.

(3)

Appeals. If the land development administrator does not render a decision within 45 days after the final plat is received, the applicant may appeal pursuant to G.S. 160D-1403 for a decision on the final plat. A decision by the land development administrator to approve or disapprove a major subdivision plat may also be appealed pursuant to G.S. 160D-1403.

(4)

Required improvements or bonding. No major final plat shall be approved until all improvements are installed and/or meet any requirements, including, but not limited to, requirements for the execution of a maintenance agreement, and/or the posting of a performance guarantee as established in article XVII, and the certificates as depicted on the plat have been signed. Further, no final plat shall be approved until all roads shown on previously recorded phases of the subdivision have been accepted for maintenance by NCDOT.

(5)

Recordation of final plat. Upon approval of the final major subdivision plat by the land development administrator, he shall sign the plat for recordation. It shall be the responsibility of the developer to submit the plat for recordation to the county register of deeds.

(Ord. of 7-12-1999, § 21.123; Amend. of 10-21-2013, § 4; Amend. of 05-04-2015(1), § 4; Amend. of 2-1-2016(1), § 1; Amend. of 4-19-2021(2), § 1)

(a)

Guarantees of required subdivision improvements. If required subdivision improvements have not been completed prior to the submission of the major final plat, the subdivider shall guarantee the completion of the required improvements in a subdivision by means of a performance bond, irrevocable letter of credit, cash deposit, or other surety satisfactory to the county manager in an amount equal to 125 percent of the estimated cost of the required improvements (the "performance guarantee"). Roads that are to be dedicated to the public will not be considered completed until a "built to standards" letter has been received from NCDOT for such roads. In reviewing the proposed performance guarantee, the county manager shall solicit recommendations from the planning director and the county attorney. Improvements shall be made and utilities installed within the time indicated in the performance guarantee.

No performance guarantee shall be required with respect to a required utility extension or installation if the subdivider proves that it has paid the utility provider the amount of money needed to install the applicable utility infrastructure, or the utility provider states in writing that utilities will be installed at no cost to the subdivider or the county in a timely manner following the issuance of a building permit for the subdivision. This arrangement shall be noted in a conspicuous location on the final plat prior to approval and recordation.

(b)

Completion of required improvements; default by subdivider.

(1)

When the required improvements have been completed, the subdivider shall notify the land development administrator. The land development administrator may request comments relative to those improvements from NCDOT or private registered civil engineer, the NCDENR, Land Quality Section, and Granville Vance District Health Department, Environmental Health Section. When the land development administrator has received reports that the improvements have been installed in accordance with this chapter and to the satisfaction of any agencies or entities having jurisdiction, the land development administrator shall make a request in writing to the county manager to release the performance guarantee.

(2)

Should a developer fail to properly install required improvements within the term of the performance guarantee, the performance guarantee will be deemed in default. In the case of default, the county is authorized to use the guarantee funds to complete the required subdivision improvements or to let a contract for installation of the required improvements.

(c)

Approval of final plat not to constitute acceptance by county, etc. The approval of a final plat pursuant to regulations adopted in this division shall not be deemed to constitute or affect the acceptance by the county, any governmental unit or public body of the dedication of any street or other ground, public utility line, or other public facility shown on the plat.

(Amend. of 05-04-2015(1), § 5; Amend. of 2-1-2016(1), § 2)

Editor's note— Amend. of May 4, 2015(1), § 5, amended § 32-1058 in its entirety to read as set out herein. Former § 32-1058 pertained to bonding requirements and derived from Ord. adopted July 12, 1999, § 21.130.

Editor's note— Amend. of Oct. 21, 2013, § 5, repealed § 32-1059 in its entirety, which pertained to subdivision variances and derived from Ord. of July 12, 1999, § 21.140.

Any person who, being the owner or agent of the owner of any land located within the planning and development regulation jurisdiction of the county, thereafter subdivides land in violation of the subdivision regulation or transfers or sells land by reference to, exhibition of, or any other use of a plat showing a subdivision of land before the plat has been properly approved under this chapter and recorded in the office of the register of deeds of the county, shall be guilty of a class 1 misdemeanor. The description by metes and bounds in the instrument of transfer or other document used in the process of selling or transferring land shall not exempt the transaction from this penalty. The county may bring an action of injunction of any illegal subdivision, transfer, conveyance, or sale of land, and the court shall, upon appropriate findings, issue an injunction and order requiring the offending party to comply with the subdivision regulation. In addition to other remedies, the county may institute any appropriate action or proceedings to prevent the unlawful subdivision of land, to restrain, correct, or abate the violation, or to prevent any illegal act or conduct.

(Ord. of 7-12-1999, § 21.150; Amend. of 4-19-2021(2), § 1)

The register of deeds shall not file or record a plat of a subdivision located within the subdivision platting jurisdiction of the county without the approval of the subdivision by the land development administrator or the planning board, as required in this chapter. The filing or recording of a plat of a subdivision of land without the approval of the land development administrator or planning board as required by this chapter shall be null and void.

(Ord. of 7-12-1999, § 21.160)

(a)

Subdivisions within a WS-IV watershed are subject to the provisions of this section only when an erosion and sedimentation plan is required under the provisions of state law or approved local program. Subdivisions within a designated watershed area shall comply with the provisions of this chapter and all other state and local requirements that may apply.

(b)

All areas of the proposed subdivision which are to remain in a vegetated or natural state or as open space shall clearly be marked on the plat. The land development administrator may provide the opportunity for any public agencies to review and make recommendations.

(c)

The planning board shall approve, approve conditionally or disapprove each watershed application by a majority vote of the members present and voting. First consideration of the application shall be at the next regularly scheduled meeting of the board provided there is adequate time to place it on the agenda. The board shall take final action within 45 days of its first consideration. The land development administrator or the board may provide public agencies an opportunity to review and make recommendations. However, failure of the agencies to submit their comments and recommendations shall not delay the board's action within the prescribed time limit. Said public agencies may include, but are not limited to the following:

(1)

The state division of environmental management with regard to proposed sewer systems normally approved by the division, engineered storm water controls or storm water management in general.

(2)

Any other agency or official designated by the land development administrator or planning board.

(d)

If the planning board disapproves or approves conditionally the application, the reasons for such action shall be stated in writing for the applicant and entered in the minutes. The subdivider may make changes and submit a revised plan, which shall constitute a separate request for the purpose of review.

(Ord. of 7-12-1999, § 21.170; Ord. of 6-20-2005, § 1)

Editor's note— Amendment adopted Feb. 1, 2016(1), § 3, repealed § 32-1063 in its entirety. Former § 32-1063 pertained to dedicated public road maintenance guarantee and derived from Amend. of 05-04-2015(1), § 6.

(a)

Purpose. A maintenance agreement is required for the purpose of ensuring that roads that are to be dedicated to the public are properly maintained, free from defects, between the time of their construction and the time of formal acceptance for maintenance by NCDOT.

(b)

Timing. A maintenance agreement must be in place before any building permits are issued for subdivisions containing public road improvements.

(c)

Maintenance of required improvements. The subdivider is responsible for maintenance of all required improvements, including rights-of-way, to the standards of this division until such time as the NCDOT assumes formal, legal responsibility for maintenance of the improvements. The record plat must include the subdivider's signed and notarized acknowledgement of this responsibility. The subdivider must also provide each prospective buyer of any lot shown on the record plat with written disclosure of:

(1)

The subdivider's responsibility for maintaining required improvements as set out herein; and

(2)

The provisions of this ordinance prohibiting the issuance of building permits such time as (i) the subdivider has entered into a maintenance agreement with the county and posted a maintenance guarantee as required by section 32-1063 or (ii) the NCDOT or a municipality has accepted any public road improvements for maintenance.

(d)

Agreement. The required maintenance agreement for roads that are to be dedicated to the public must stipulate that the subdivider will maintain all required public road improvements including, but not limited to, grading, ditching, culverts, stone base, asphalt, seeding, drainage improvements, and sedimentation and erosion control improvements to the standards of this ordinance until the public road improvements are added to the state-maintained road system. It must also state that the subject developer will be responsible for correcting any defects that may arise during the maintenance period and removing temporary sedimentation and erosion control measures. The maintenance agreement shall contain all of the conditions required by this division and such other terms and conditions deemed necessary by the county attorney to protect the county's interests. The county shall be authorized to charge a fee to pay for legal services in preparation of the agreement.

(e)

Term. The agreement will be for a term of ten years or until such time as the NCDOT or a municipality assumes formal, legal responsibility for maintenance of the roads, whichever is earlier. The county may renew this agreement for subsequent terms of ten years each by providing written notice to the subdivider prior to the expiration of the then current term.

(f)

Remedies. In addition to the remedies available in division 7 of this chapter, the agreement shall contain a provision that the county will be entitled to seek damages in the amount of all required public road improvements including, but not limited to, grading, ditching, culverts, stone base, asphalt, seeding, drainage improvements, and sedimentation and erosion control improvements necessary to bring the road(s) up to the standards required by this chapter and NCDOT. The damages shall be determined based upon an assessment of probable cost prepared by an engineer retained by the county. The county will have the right to release said damages to a property owners' association duly constituted under the laws of North Carolina for the subdivision, if such a property owners' association exists, upon the property owners' association meeting certain conditions specified by the county, for the property owners' association to use to correct, or to arrange for the correction of, any deterioration of, or defect in, the improvements and to maintain them until all public road improvements are added to the state-maintained road system or accepted by a municipality for maintenance.

(g)

Events of default. In addition to any other contractual provisions the county manager or county attorney may deem necessary, the following shall be events of default under the agreement:

(1)

Subdivider's failure to have any road in the subdivision accepted by NCDOT for addition to the state-maintained road system within one year of the subdivider becoming eligible based upon any build-out requirements to petition for the addition of the road into the state-maintained road system;

(2)

Subdivider's insolvency, the appointment of a receiver for the subdivider, or the filing of a voluntary or involuntary petition in bankruptcy respecting the subdivider;

(3)

Foreclosure of any lien against the subdivision property or a portion of the property, or assignment or conveyance of the subdivision property in lieu of foreclosure; or

Within ten days after any appointment of a receiver for the subdivider, filing of a bankruptcy petition respecting the subdivider, foreclosure against the subdivision property, or conveyance of the subdivision property in lieu of foreclosure, the subdivider will give the county written notice of such event.

(Amend. of 05-04-2015(1), § 7; Amend. of 2-1-2016(1), § 4)

(a)

Establishment. A property owners' association must be created for any subdivision that has private roads or roads that have not yet been accepted by NCDOT for maintenance or common areas or facilities, including, but not limited to, open space, recreational facilities, and stormwater control and management facilities. The property owners' association shall be responsible for the maintenance and control of private roads and for maintenance or common areas or facilities, including, but not limited to, open space, recreational facilities, and stormwater control and management facilities. The property owners' association also shall be responsible for the maintenance free from defects and control of roads that are to be dedicated to the public between the time of their construction and the time of formal acceptance for maintenance by NCDOT in the event that the subdivider fails to meet its obligations under this division, including any maintenance agreement required by this division. Any such property owners' association must have legal authority to maintain and exercise control over any such roads and common areas and facilities, including the power to compel contributions from property owners to cover their proportionate share of the costs associated with the maintenance and control of any applicable roads or common areas and facilities.

(b)

Documentation. Documents providing for the establishment of a property owners' association must be submitted to the planning director before approval and recordation of a record plat. The county's review is limited to ensuring that the property owners' association has clear legal authority to maintain and exercise control over the common areas and facilities, including the power to compel contributions from residents and property owners to cover their proportionate share of the costs associated with the maintenance of the common areas and facilities. The county's review shall not constitute an approval or endorsement of the documents and shall not create any rights in any party.

(Amend. of 05-04-2015(1), § 8)

All preliminary and final plats shall designate the existence of any Voluntary Agricultural District located within one mile of the proposed subdivision. The designation shall be a note on the plat that states: "There is land located within one mile of this plat that is designated a Voluntary Agricultural District. The current tax map number of the property designated a Voluntary Agricultural District is ___________."

(Amend. of 4-3-2017(1), § 2)

(a)

Initiation of amendments. The board of commissioners may, at any time, amend, supplement, change, modify or repeal the boundaries or regulations in this chapter, or subsequently amended. Proposed changes or amendments may be initiated by the board of commissioners, planning board, board of adjustment, or by one or more owners, optionees or lessees of property within the area proposed to be changed or affected.

(b)

Submission of petitions to amend this chapter or the map. Petitions to amend this chapter or map shall be presented to the secretary of the planning board for review and recommendation by the board at least 15 working days prior to being considered by the planning board. Petitions to amend the map to a conditional zoning district shall be presented to the secretary of the planning board for review and recommendation by the board at least 30 working days prior to being considered by the planning board. The petition shall state the nature of the proposed amendment, a legal description of the property involved, and the name of the property owner. Each petition, unless initiated by the board of commissioners, board of adjustment or the planning board, shall be accompanied by a fee to defray cost of advertising and other administrative costs involved.

(c)

Planning board review and recommendation. The planning board shall have 45 days (unless board of commissioners acts on amendment without the planning board report) within which to submit its recommendation. The planning board's report shall be submitted in writing to the county manager and to the petitioner. If no written report is received from the planning board within 30 days of referral of the amendment to the planning board, the board of commissioners may act on the amendment without the planning board report. The board of commissioners is not bound by the recommendations, if any, of the planning board.

(d)

Board of commissioners legislative hearing. A legislative hearing shall be held by the board of commissioners in accordance with division 6 of this article.

(e)

Resubmission requirements. When a petition for amendment is denied by the board of commissioners, a period of 12 months must elapse before another petition for the same change previously involved may be submitted.

(Ord. of 7-12-1999, § 21.210; Amend. (1) of 8-3-2015, § 2; Amend. of 4-19-2021(2), § 1)

Major special uses are land uses which in some circumstances may be compatible with and desirable in the districts in which they are designed as special uses, but they may also have characteristics which could have detrimental effects on adjacent properties if not properly designed and controlled. The following procedure shall be utilized for the review of major special land use permits:

(1)

Submission of application to land development administrator. Applications for major special use permits shall be received by the land development administrator 30 working days prior to the next regularly scheduled meeting of the board of commissioners.

(2)

Transmittal of application to board of commissioners. The land development administrator shall transmit all applications, reports, and written materials relevant to the matter being considered to the board of commissioners. The administrative materials may be distributed to the members of the board prior to the hearing if at the same time they are distributed to the board a copy is also provided to the applicant and to the landowner if that person is not the applicant. The administrative materials shall become a part of the hearing record. The administrative materials may be provided in written or electronic form. Objections to inclusion or exclusion of administrative materials may be made before or during the hearing. Rulings on unresolved objections shall be made by the board at the hearing.

(3)

Board of commissioners' evidentiary hearing. The board of commissioners shall hold an evidentiary hearing in accordance with division 6.

(4)

Decision by board of commissioners. Decisions by the board of commissioners shall be made by majority vote in accordance with applicable law governing quasi-judicial decisions and in accordance with division 6 of this article. For the purposes of this subsection, vacant positions on the board and members who are disqualified from voting on a quasi-judicial matter shall not be considered members of the board for calculation of the requisite majority. The board shall determine contested facts and make its decision within a reasonable time. In addition, the following provisions shall apply:

a.

Any major special use granted by the board of commissioners shall expire at the same time as its accompanying vested right is scheduled to expire unless a building permit has been obtained by such time, in which case the major special use shall run with the land, along with all the conditions set forth upon it, indefinitely or until changed by due process.

b.

When a petition for a major special use is denied by the board of commissioners, a period of 12 months must elapse before another petition for the same change previously involved may be submitted.

c.

An application for a rehearing may be made in the same manner as an application for an original hearing. Evidence in support of the application shall initially be limited to what is necessary to enable the board of commissioners to determine whether there has been a substantial change in the facts, evidence or conditions in the case. The board of commissioners shall deny the application for rehearing if, from the record, it finds that there has been no substantial change in facts, evidence or conditions. If the board of commissioners finds a change has occurred, it shall thereupon treat the request in the same manner as a new application.

(5)

Minor deviation to major special use permit. The planning director is authorized to review and approve a minor deviation to a concept plan, site plan, or approved conditions if the proposed revision meets all of the following limitations:

a.

It does not involve a change in uses permitted or the density of overall development permitted;

b.

It complies with underlying zoning standards and other applicable conditions of the approval; and

c.

It involves technical considerations which could not be reasonably anticipated during the approval process, or any other change which has no material effect on the character of the approved development or any of its approved conditions.

For example, minor deviations shall include, but not be limited to, the following:

a.

Driveway relocations;

b.

Structure floor plan revisions;

c.

Facility design modifications for amenities and other site features;

d.

Minor adjustments to road configuration or internal circulation;

e.

Minor adjustments to building location;

f.

Minor adjustments to landscaping;

g.

Minor adjustments to lot configuration; and

h.

Minor adjustments to utility alignment.

(Ord. of 7-12-1999, § 21.220; Amend. of 1-16-2007, § 4; Amend. of 10-21-2013, § 6; Amend. of 4-19-2021(2), § 1; Amend. of 6-16-2025(1), § 1)

Editor's note— Amend. of April 19, 2021(2), § 1 amended § 32-1082, and in so doing changed the title of said section from procedures for special use permits to read as set out herein.

(a)

Filing. The application shall be filed with the land development administrator 15 working days prior to the date of review by the board of adjustment. The land development administrator shall transmit all applications, reports, and written materials relevant to the matter being considered to the board. The administrative materials may be distributed to the members of the board prior to the hearing if at the same time they are distributed to the board a copy is also provided to the applicant and to the landowner if that person is not the applicant. The administrative materials shall become a part of the hearing record. The administrative materials may be provided in written or electronic form. Objections to inclusion or exclusion of administrative materials may be made before or during the hearing. Rulings on unresolved objections shall be made by the board at the hearing.

(b)

Quasi-judicial hearing. A quasi-judicial hearing shall be held by the board of adjustment in accordance with division 6 of this article.

(c)

Evidentiary decisions. Variances, minor special use permits, and appeals shall be decided by the board of adjustment following an evidentiary hearing in accordance with the requirements of G.S. 160D-406 and division 6 of this article and shall be subject to the following specific requirements:

(1)

Except for variances, all evidentiary decision or to determine an appeal made in the nature of certiorari shall be by a majority of the board.

(2)

The concurring vote of four-fifths of the board of adjustment shall be necessary to grant a variance from the provisions of this chapter.

(3)

Appeals. The board of adjustment shall hear and decide appeals of decisions of administrative officials charged with enforcement of the land development code and may hear appeals arising out of any other ordinance that regulates land use or development unless such ordinance specifies to the contrary, pursuant to the following:

a.

Any person who has standing under G.S. 160D-1402 or the county may appeal a decision to the board of adjustment. An appeal is taken by filing a notice of appeal with the secretary to the board of adjustment. The notice of appeal shall state the grounds for the appeal.

b.

The official who made the decision shall give written notice to the owner of the property that is the subject of the decision and to the party who sought the decision, if different from the owner. The written notice shall be delivered by personal delivery, electronic mail, or by first-class mail.

c.

The owner or other party shall have 30 days from receipt of the written notice of the determination within which to file an appeal. Any other person with standing to appeal shall have 30 days from receipt from any source of actual or constructive notice of the determination within which to file an appeal. In absence of evidence to the contrary, notice pursuant to G.S. 160D-403(b) given by first class mail shall be deemed received on the third business day following deposit of notice for mailing with the United States Postal Service.

d.

It shall be conclusively presumed that all persons with standing to appeal have constructive notice of the decision from the date a sign containing the words "Zoning Decision" or "Subdivision Decision" in letters at least six inches high and identifying the means to contact an official for information about the decision is prominently posted on the property that is subject of the decision, provided the sign remains on the property for at least ten days. Posting of signs is not the only form of constructive notice. Any such postings shall be the responsibility of the landowner or applicant. Verification of the posting shall be provided to the official who made the decision. Absent an ordinance provision to the contrary, posting of signs shall not be required.

e.

The land development administrator shall transmit to the board all applications, reports, and written materials relevant to the matter being considered. The administrative materials may be distributed to the members of the board prior to the hearing if at the same time they are distributed to the board a copy is also provided to the applicant and to the landowner if that person is not the applicant. The administrative materials shall become a part of the hearing record. The administrative materials may be provided in written or electronic form. Objections to inclusion or exclusion of administrative materials may be made before or during the hearing. Rulings on unresolved objections shall be made by the board at the hearing.

f.

An appeal of a notice of violation or other enforcement order stays enforcement of the action appealed from and accrual of any fines assessed unless the official who made the decision certifies to the board after notice of appeal has been filed that because of the facts stated in an affidavit, a stay would cause imminent peril to life or property or because the violation is transitory in nature, a stay would seriously interfere with enforcement of the development regulation. In that case, enforcement proceedings shall not be stayed except by a restraining order, which may be granted by a court. If enforcement proceedings are not stayed, the appellant may file with the official a request for an expedited hearing of the appeal, and the board shall meet to hear the appeal within 15 days after such a request is filed. Notwithstanding the foregoing, appeals of decisions granting a development approval or otherwise affirming that a proposed use of property is consistent with the development regulation shall not stay the further review of an application for development approvals to use such property; in these situations the appellant or local government may request and the board may grant a stay of a final decision of development approval applications, including building permits affected by the issue being appealed.

g.

Subject to the provisions of subsection f. above, the board of adjustment shall hear and decide the appeal within a reasonable time.

h.

The official who made the decision shall be present at the hearing as a witness. The appellant shall not be limited at the hearing to matters stated in the notice of appeal. If any party or the county would be unduly prejudiced by the presentation of matters not presented in the notice of appeal, the board shall continue the hearing. The board of adjustment may reverse or affirm, wholly or partly, or may modify the decision appealed from and shall make any order, requirement, decision, or determination that ought to be made. The board shall have all powers of the official who made the decision.

i.

When hearing an appeal pursuant to G.S. 160D-947(e) or any other appeal in the nature of certiorari, the hearing shall be based on the record below and the scope of review shall be as provided in G.S. 160D-1402(j).

j.

The parties to an appeal that has been made under this subsection may agree to mediation or other forms of alternative dispute resolution.

(4)

Minor special use permits. The board of adjustment shall hear and decide minor special use permits in accordance with standards and procedures specified in the ordinance. Reasonable and appropriate conditions may be imposed upon these permits.

a.

Minor deviation to minor special use permit. The planning director is authorized to review and approve a minor deviation to a concept plan, site plan, or approved conditions if the proposed revision meets all of the following limitations:

1.

It does not involve a change in uses permitted or the density of overall development permitted;

2.

It complies with underlying zoning standards and other applicable conditions of the approval; and

3.

It involves technical considerations which could not be reasonably anticipated during the approval process, or any other change which has no material effect on the character of the approved development or any if its approved conditions.

For example, minor deviations shall include, but not be limited to, the following:

a.

Driveway relocations;

b.

Structure floor plan revisions;

c.

Facility design modifications for amenities and other site features;

d.

Minor adjustments to road configuration or internal circulation;

e.

Minor adjustments to building location;

f.

Minor adjustments to landscaping;

g.

Minor adjustments to lot configuration; and

h.

Minor adjustments to utility alignment.

(5)

Variances. When unnecessary hardships would result from carrying out the strict letter of the land development code, the board of adjustment shall vary any of the provisions of the ordinance upon a showing that all of the standards set out in G.S. 160D-705(d), as adopted in section 32-1103 of the chapter, have been met. No change in permitted uses may be authorized by variance. Appropriate conditions may be imposed on any variance, provided the conditions are reasonably related to the variance. Any other ordinance that regulates land use or development may provide for variances consistent with the provisions of this subsection.

(Ord. of 7-12-1999, § 21.230; Amend. of 3-19-2007, § 4; Amend. of 3-17-2008, § 1; Amend. of 10-21-2013, § 7; Amend. of 4-19-2021(2), § 1; Amend. of 6-16-2025(1), § 2)

Editor's note— Amend. of April 19, 2021(2), § 1 amended § 32-1083, and in so doing changed the title of said section from procedures for zoning variances, conditional use permits, appeals to read as set out herein.

(a)

Review. Watershed variances shall be reviewed by the board of adjustment in accordance with the procedures outlined in section 32-1103 and division 6 of this article.

(b)

In addition, the following requirements set out in 15A NCAC 02B.0104 apply:

(1)

A description of each project receiving a variance and the reason for granting the variance shall be submitted to the environmental commission on an annual basis by January 1.

(2)

Board of adjustment may attach conditions to the major or minor variance approval that support the purpose of the applicable local watershed protection ordinance.

(3)

If the variance request qualifies as a major variance, and the board of adjustment decides in favor of granting the major variance, the board of adjustment shall then prepare a preliminary record of the hearing and submit it to the environmental management commission for review and approval.

(4)

If the environmental management commission approves the major variance or approves with conditions or stipulations added, then the environmental management commission shall prepare an environmental management commission decision which authorizes the board of adjustment to issue a final decision which would include any conditions or stipulations added by the environmental management commission.

(5)

If the environmental management commission denies the major variance, then the environmental management commission shall prepare an environmental management commission decision to be sent to the board of adjustment. The local board of adjustment shall prepare a final decision denying the major variance.

(6)

For all proposed major and minor variances the county shall notify and allow a reasonable comment period for all other local governments having jurisdiction within the watershed area governed by the applicable rules and the entity using the water supply for consumption.

(7)

Appeals from the board of adjustment's decision on a major or minor variance request are made on certiorari to the superior court. Appeals from the environmental management commission decision on a major variance request are made on judicial review to superior court.

(8)

When the county's ordinances are more stringent than the state's minimum water supply protection rules a variance to the county's ordinance is not considered a major variance as long as the result of the variance is not less stringent than the state's minimum requirements.

(Ord. of 7-12-1999, § 21.240; Amend. of 10-21-2013, § 8)

(a)

Authorized. As authorized under G.S. 160D-108, an applicant may obtain the right to undertake and complete the development and use of property under the terms and conditions of an approved site-specific or phased development plan. Only approved major special uses, minor special uses, permitted uses and approved phased developments may be granted a vested right under this section. Variances, all zoning of lands, and subdivisions are not in this category but are handled in a different manner.

(b)

Vested rights for major special uses and minor special uses.

(1)

If the land use requested by the applicant requires a major special use permit or a minor special use permit, the appropriate board granting such approval shall, if granted, determine at that evidentiary hearing date a specific vested right time period for that use, as outlined in this subsection. Furthermore, it shall be irreversibly assumed by the county that all such applicants requesting a major special use or minor special use permit are also concurrently requesting a vested right.

(2)

All minor special uses and major special uses, if approved, shall begin and expire along with the vested right granted to each unless a building permit is issued prior to the expiration of the vested right, in which case, the major or minor special land use shall be good indefinitely or until changed by due process.

(3)

If a particular use necessitates several steps required by this chapter in order to obtain final approval, a vested right shall not be granted until the final decision regarding such requirements has been made.

(4)

A site-specific [development plan] must accompany each land use application involving a major special use or minor special use. Site-specific development plans, if approved, shall be granted an automatic maximum vested right time period of two years unless the applicant convinces the appropriate board otherwise; but in no case shall the vested right exceed five years. Site specific vesting plans, if approved, shall be granted a vested right time period of not less than two years but not more than five years, at the discretion of the appropriate board.

(c)

Vested rights for permitted uses. If the land use requested by the applicant is a permitted use, the applicant has two ways of acquiring a vested right:

(1)

Local development approval shall 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; or

(2)

The building permit, if issued, shall constitute a vested right time period as prescribed by G.S. 160D-1111.

(d)

Site-specific development plan. If less than five acres, all major special uses, minor special uses and permitted uses discussed in this section applying for a vested right shall have site-specific development plans prepared by a registered land surveyor, engineer, architect or landscape architect in accordance with appendix 7 to this chapter. Any hearing shall be per G.S. 160D-108(3)(d).

(e)

Phased development plan. A phased development plan for an industrial/office park, a shopping center, a PUD (planned urban development), multi-phase development or a similar large-scale land use (which may be eligible as a permitted, minor special or major special use) may be granted a vested right by the final board of authority in a hearing per G.S. 160D-108(3)(d) under the following conditions:

(1)

The land use must encompass at least five acres or more to be eligible for a phased development plan. Furthermore, a minimum of two phases must be included in the plan with approximate start-up times (the time at which a building permit should be obtained) stated for each phase. The final deciding board may regard any phase of the plan as codependent upon another and therefore deem one or more to be void without the other. No phase shall be vested beyond time limits established elsewhere in this section.

(2)

Where a subdivision or a PUD is involved, a preliminary plat for the development shall be submitted and approved. For developments not involving subdivision, an exact description of buildings, their specific uses, and their setbacks, all the requirements set forth in appendix 7 shall be part of phased development plan. The preliminary design of roads and utilities shall also be submitted at the same level as would be required for a preliminary plat. The intent is that the plan show all the expected types and areas of construction, such as buildings, roads, lot configurations, parking, buffering, recreation areas, landscaping and similar improvements, and that they be sited as near to their final locations as possible.

(3)

The vesting freezes the land development regulations in effect at the time of approval. The final board of authority shall retain the future right to impose or change some of the details of any phased development plan (or site-specific plan), but only to a general degree as would normally occur in moving from a preliminary to final plan, and as provided for elsewhere in this chapter and in G.S. 160D-108. If some changes are required in the applicant's plan by a board during the approval process, final approval of either site-specific or phased development plans may be postponed conditional upon the applicant's making such changes and having them approved by the county planning department at a later date.

(f)

Public notice. Public notices for each of these land uses described in this section and their accompanying vested rights shall be in accordance with division 6.

(g)

Filing procedure.

(1)

Following approval, all vested rights shall be filed in the planning department office in a designated location in order to be valid. This shall be the responsibility of the planning department.

(2)

The fee schedule for each of these land uses and their accompanying vested rights shall be established by the planning department and confirmed by the county commissioners in each year's budget. They shall then be posted in the planning department in a conspicuous location.

(h)

Expiration. All building permits for all vested construction must be in place prior to the expiration of the vested right in order for the vested right to be valid. If all required building permits are not in place prior to the expiration of a vested right, the entire process as described in this section must be repeated in order to regain a vested right for that use. The exception to this rule is a use for which no building permit is required; however, a zoning permit shall be required. These time limits include all phases of a phased development plan and multi-phase developments as well. Prior to the expiration of a vested right, appeals to the final board of decision of that vested right for time extensions may be made in a hearing pursuant to G.S. 160D-108(3)(d) by the applicant if so desired, though the planning department may require a new plan and shall require another fee at such time.

(i)

Limitations to vested rights.

(1)

A vested right, once established as provided for in this section, precludes any zoning action by a local government that would change, alter, impair, prevent, diminish, or otherwise delay the development or use of the property as set forth in the approved vested right, except:

a.

The written consent of the affected landowner.

b.

Upon findings by ordinance after notice and an evidentiary hearing, that natural or man-made hazards on or in the immediate vicinity of the property, if uncorrected, would pose a serious threat to the public health, safety, and welfare if the project were to proceed as contemplated in the approved vested right.

c.

The extent to which the affected landowner receives compensation for all costs, expenses, and other losses incurred by the landowner, including, but not limited to, all fees paid in consideration of financing, and all architectural, planning, marketing, legal, and other consulting fees incurred after approval by the local government, together with interest as is provided in G.S. 160D-106. Compensation shall not include any diminution in the value of the property that is caused by such action.

d.

Findings made, after notice and an evidentiary hearing, that the landowner or the landowner's representative intentionally supplied inaccurate information or made material misrepresentations that made a difference in the approval by the local government of the vested right.

e.

The enactment or promulgation of a state or federal law or regulation that precludes development as contemplated in the approved site specific vesting plan or the phased development plan, in which case the local government may modify the affected provisions, upon a finding by ordinance that the change in state or federal law has a fundamental effect on the plan, after notice and an evidentiary hearing.

(2)

The establishment of a vested right shall not preclude the application of overlay zoning or other development regulation that imposes additional requirements but does not affect the allowable type or intensity of use, or ordinances or regulations that are general in nature and are applicable to all property subject to development regulation by a county, including, but not limited to, building, fire, plumbing, electrical, and mechanical codes. Otherwise applicable new regulations shall become effective with respect to property that is subject to a vested right established under this section upon the expiration or termination of the vested rights period provided for in this section.

(3)

Notwithstanding any provision of this section, the establishment of a vested right under this section shall not preclude, change or impair the authority of a local government to adopt and enforce development regulation provisions governing nonconforming situations or uses.

(j)

Miscellaneous provisions. A vested right obtained under this section is not a personal right but shall attach to and run with the applicable property. After approval of a vested right under this section, all successors to the original landowner shall be entitled to exercise such rights. Nothing in this section shall preclude judicial determination, based on common law principles or other statutory provisions, that a vested right exists in a particular case or that a compensable taking has occurred. Except as expressly provided in this section, nothing in this section shall be construed to alter the existing common law.

(k)

Permit choice. If an application made in accordance with local regulation is submitted for a development approval required pursuant to this chapter and a development regulation changes between the time the application was submitted and a decision is made, the applicant may choose which version of the development regulation will apply to the application. If the development permit applicant chooses the version of the rule or ordinance applicable at the time of the permit application, the development permit applicant shall not be required to await the outcome of the amendment to the rule, map, or ordinance prior to acting on the development permit. This section applies to all development approvals issued by the state and by local governments. The duration of vested rights created by development approvals is as set forth in this section.

(Ord. of 7-12-1999, § 21.250; Amend. of 10-15-2012, § 1; Amend. of 4-19-2021(2), § 1)

(a)

Authority. As provided in this section, local governments may adopt temporary moratoria on any development approval required by law, except for the purpose of developing and adopting new or amended plans or development regulations governing residential uses. The duration of any moratorium shall be reasonable in light of the specific conditions that warrant imposition of the moratorium and may not exceed the period of time necessary to correct, modify, or resolve such conditions.

(b)

Hearing required. Except in cases of imminent and substantial threat to public health or safety, before adopting a development regulation imposing a development moratorium with a duration of 60 days or any shorter period, the governing board shall hold a legislative hearing and shall publish a notice of the hearing in a newspaper having general circulation in the area not less than seven days before the date set for the hearing. A development moratorium with a duration of 61 days or longer, and any extension of a moratorium so that the total duration is 61 days or longer, is subject to the notice and hearing requirements of G.S. 160D-601.

(c)

Exempt projects. Absent an imminent threat to public health or safety, a development moratorium adopted pursuant to this section shall not apply to any project for which a valid building permit issued pursuant to G.S. 160D-1108 is outstanding, to any project for which a special use permit application has been accepted as complete, to development set forth in a site-specific or phased vesting plan approved pursuant to G.S. 160D-108.1, to development for which substantial expenditures have already been made in good-faith reliance on a prior valid development approval, or to preliminary or final subdivision plats that have been accepted for review by the local government prior to the call for a hearing to adopt the moratorium. Any preliminary subdivision plat accepted for review by the local government prior to the call for a hearing, if subsequently approved, shall be allowed to proceed to final plat approval without being subject to the moratorium. Notwithstanding the foregoing, if a complete application for a development approval has been submitted prior to the effective date of a moratorium, G.S. 160D-108(b) shall be applicable when permit processing resumes.

(d)

Required statements. Any development regulation establishing a development moratorium must include, at the time of adoption, each of the following:

(1)

A statement of the problems or conditions necessitating the moratorium and what courses of action, alternative to a moratorium, were considered by the local government and why those alternative courses of action were not deemed adequate.

(2)

A statement of the development approvals subject to the moratorium and how a moratorium on those approvals will address the problems or conditions leading to imposition of the moratorium.

(3)

A date for termination of the moratorium and a statement setting forth why that duration is reasonably necessary to address the problems or conditions leading to imposition of the moratorium.

(4)

A statement of the actions, and the schedule for those actions, proposed to be taken by the local government during the duration of the moratorium to address the problems or conditions leading to imposition of the moratorium.

(e)

Limit on renewal or extension. No moratorium may be subsequently renewed or extended for any additional period unless the local government shall have taken all reasonable and feasible steps proposed to be taken in its ordinance establishing the moratorium to address the problems or conditions leading to imposition of the moratorium and unless new facts and conditions warrant an extension. Any ordinance renewing or extending a development moratorium must include, at the time of adoption, the findings set forth in subdivisions (1) through (4) of subsection (d) of this section, including what new facts or conditions warrant the extension.

(f)

Expedited judicial review. Any person aggrieved by the imposition of a moratorium on development approvals required by law may apply to the General Court of Justice for an order enjoining the enforcement of the moratorium. Actions brought pursuant to this section shall be scheduled for expedited hearing, and subsequent proceedings in those actions shall be accorded priority by the trial and appellate courts. In such actions, the local government shall have the burden of showing compliance with the procedural requirements of this subsection.

(Amend. of 4-19-2021(2), § 1)

The following are standards for major special land use permits:

(1)

All applicable specific conditions pertaining to the proposed use contained in article III of this chapter have been or will be satisfied.

(2)

Access roads or entrance and exit drives are or will be sufficient in size and properly located to ensure automotive and pedestrian safety and convenience, traffic flow, and control and access in case of fire or other emergency.

(3)

Off-street parking, loading, refuse and other service areas are located so as to be safe and convenient, allow for access in case of emergency, and to minimize economic, glare, odor and other impacts on adjoining properties in the general neighborhood.

(4)

Utilities, schools, fire, police, and other necessary public and private facilities and services will be adequate to handle the proposed use.

(5)

The location and arrangement of the use on the site, screening, buffering, landscaping and pedestrian ways harmonize with adjoining properties and the general area and minimize adverse impact.

(6)

The type, size and intensity of the proposed use, including such considerations as the hours of operation and number of people who are likely to utilize or be attracted to the use, will not have significant adverse impacts on adjoining properties or the neighborhood.

(Ord. of 7-12-1999, § 21.310; Amend. of 4-19-2021(2), § 1)

Editor's note— Amend. of April 19, 2021(2), § 1 amended § 32-1101, and in so doing changed the title of said section from standards for special land use permits to read as set out herein.

The following are standards for minor special use permits:

(1)

That the use will not materially endanger the public health, safety or general welfare if located where proposed and developed according to the plan as submitted and approved.

(2)

That the use meets all required conditions outlined in article III of this chapter.

(3)

That the location and character of the use, if developed according to the plans as submitted and approved, will be in harmony with the area in which it is to be located and in general conformity with the plan of development of the county.

(Ord. of 7-12-1999, § 21.320; Amend. of 4-19-2021(2), § 1)

Editor's note— Amend. of April 19, 2021(2), § 1 amended § 32-1102, and in so doing changed the title of said section from standards for conditional use permits to read as set out herein.

(a)

The purpose of a variance is to allow certain deviations from the standards of this chapter (such as height, yard setback, lot coverage, or similar numeric standards), when the applicant demonstrates that, owing to special circumstances or conditions beyond the applicant's control (such as exceptional topographical conditions, narrowness, shallowness, or the shape of a specific parcel of land), the carrying out of the strict letter of this chapter would result in unnecessary hardships. Additional procedures apply to watershed variances as set out in section 32-1084.

(b)

When unnecessary hardships would result from carrying out the strict letter of this chapter, the board of adjustment shall vary any of the provisions of the chapter upon a showing of all of the following:

(1)

Unnecessary hardship would result from the strict application of the chapter. It shall not be necessary to demonstrate that, in the absence of the variance, no reasonable use can be made of the property.

(2)

The hardship results from conditions that are peculiar to the property, such as location, size, or topography. Hardships resulting from personal circumstances, as well as hardships resulting from conditions that are common to the neighborhood or the general public, may not be the basis for granting a variance. A variance may be granted when necessary and appropriate to make a reasonable accommodation under the Federal Fair Housing Act for a person with a disability.

(3)

The hardship did not result from actions taken by the applicant or the property owner. The act of purchasing property with knowledge that circumstances exist that may justify the granting of a variance shall not be regarded as a self-created hardship.

(4)

The requested variance is consistent with the spirit, purpose, and intent of the chapter, such that public safety is secured, and substantial justice is achieved.

(c)

No change in permitted uses may be authorized by variance. Appropriate conditions may be imposed on any variance, provided that the conditions are reasonably related to the variance.

(Ord. of 7-12-1999, § 21.330; Amend. of 10-21-2013, § 9; Amend. of 4-19-2021(2), § 1)

Editor's note— An amendment of March 19, 2007, § 3, repealed § 32-1104, which pertained to standards for floodway variances, and derived from an ordinance of July 12, 1999, § 21.340.

The board of commissioners, planning board, or the board of adjustment may impose additional conditions related to the following items which, in its opinion, will protect the public safety and welfare and the intent and purpose of this chapter:

(1)

The board of adjustment may impose conditions when granting variances regarding the location, character and other features of the proposed building, structure or use as may be deemed by the board to protect property values and general welfare of the neighborhood.

(2)

The board of adjustment may impose conditions when approving minor special use permits which will assure that the use and its proposed location will be harmonious and with the spirit and intent of this chapter. Conditions and safeguards imposed under this subsection shall not include requirements for which the local government does not have authority under statute to regulate nor requirements for which the courts have held to be unenforceable if imposed directly by the local government.

(3)

If the board of commissioners approves the major special use permit, it may impose any additional reasonable conditions and safeguards as may be necessary to:

a.

Ensure that the criteria for the granting of such a permit will be complied with.

b.

Reduce or minimize any potentially injurious effect of the use on adjoining properties; the character of the neighborhood; or the health, safety, morals or general welfare of the community.

Where appropriate, such conditions may include requirements that street and utility rights-of-way be dedicated to the public and that provision be made of recreational space and facilities. Conditions and safeguards imposed under this subsection shall not include requirements for which the local government does not have authority under statute to regulate nor requirements for which the courts have held to be unenforceable if imposed directly by the local government.

(4)

All such additional conditions shall be entered in the minutes of the meeting, the respective permit, and on the plans submitted.

(5)

All conditions shall run with the land and shall be binding on the original applicant for the permit or variance, the heirs, successors and assigns.

(6)

In order to ensure that such conditions and requirements of each permit or variance will be fulfilled, the petitioner may be required to provide physical improvements required as a basis for the issuance of a permit.

(Ord. of 7-12-1999, § 21.350; Amend. of 4-19-2021(2), § 1)

The Granville County Planning Department's review shall be based on the standards of this article. The following sections of this division also guide the award of such permits or approvals.

(Ord. of 7-12-1999, § 21.400)

A limited use shall require the submission of a site plan unless otherwise specified. The land development administrator shall determine that all standards of this chapter are met in granting approval.

(Ord. of 7-12-1999, § 21.410)

(a)

No building, sign or structure any of its parts designed or intended to be used shall be erected or repaired until a zoning permit has been issued by the land development administrator or his authorized representative. A fee shall be charged for the issuance of each zoning permit according to the fee schedule adopted by the board of commissioners.

(b)

Each application for a zoning permit shall be accompanied by a recorded plat showing the book and page of recordation as found in the county register of deeds' office. If the respective property under consideration does not have a recorded plat due to being deeded prior to the county subdivision ordinance's adoption on September 15, 1987, the applicant may present either a scaled plat drawn from the deed itself, or a copy of a tax map as found in the county tax assessor's office. All plats accompanying a zoning permit request shall show to scale the proposed new building, building addition, sign or other structure and its position on the lot, and any existing nearby buildings or structures. Setbacks from all property lines and from any nearby existing buildings or structures shall be shown in feet, as well as any other information that may be necessary to provide for the enforcement of this chapter. An accurate record of such applications and plats, together with a record of the action taken thereon, shall be kept in the office of the land development administrator.

(c)

No permit for excavation or for erection of any building, sign or part of a building or sign, or for repairs to or alteration of a building or sign or the relocation of a building or sign from the lot on which it is situated shall be issued until after a statement to its intended use has been filed by the applicant.

(d)

Zoning staff shall notify all applicants for a zoning permit of the existence of the Camp Butner National Guard Training Site if the property the zoning permit is being applied for is located within one-half mile of the National Guard training site.

(Ord. of 7-12-1999, § 21.420; Amend. of 4-5-2010, § 3)

Any zoning permit issued shall become invalid unless the work authorized by it shall have been commenced within one year of its date of issue or if the work authorized by it is suspended or abandoned for a period of one year or if such work is not completed within three years of the date of the issuance of the zoning permit. Application may be made to the land development administrator for a new zoning permit to replace any permit which shall become invalid under this section.

(Ord. of 7-12-1999, § 21.421; Amend. of 4-19-2021(2), § 1)

A sign permit may be approved as part of the zoning permit or certificate of occupancy/compliance review. A plan may be required to determine compliance with this chapter.

(Ord. of 7-12-1999, § 21.430)

(a)

No land shall be used or occupied and no building, sign or structure erected or altered shall be used or changed in use until a certificate of occupancy/compliance has been issued by the land development administrator stating that the building, sign and/or the proposed use complies with the provisions of this chapter. A certificate shall be required for the purpose of changing any existing use as well as for maintaining, reviewing, changing or extending any nonconforming use.

(b)

The certificate shall be applied for coincidentally with the application for a zoning permit and shall be issued within ten days after the erection or alteration of such building or part shall have been completed in conformity with the provisions of this chapter. A record of all such certificates shall be kept on file; and copies shall be furnished, upon request, to any person having a propriety for tenancy interest in the building or land.

(Ord. of 7-12-1999, § 21.440)

If the zoning permit and/or occupancy/compliance certificates are denied, the applicant may appeal the action of the land development administrator to the board of adjustment.

(Ord. of 7-12-1999, § 21.450)

(a)

When a provision of this chapter is unclear or when a proposed use is not listed in table 03.110, the land development administrator shall provide a written determination.

(b)

Uses not listed in article III of this chapter shall be placed in the most similar category. For a nonresidential use, the North American Industrial Classification System (NAICS) code shall be the first guide. Where the same NAICS code is found in several use categories, the land development administrator shall consider the characteristics of the use, including the intensity of the use and its likely adverse impacts. Where a choice remains after reviewing for adverse impacts, the use should be classified with the similar use that has the most adverse impacts.

(c)

The land development administrator shall evaluate a request for a determination in light of the comprehensive plan, this chapter, and/or the zoning map, whichever is appropriate.

(Ord. of 7-12-1999, § 21.460; Amend. of 4-19-2021(2), § 1)

Editor's note— Amendment of 4-19-2021(2), § 1, amended § 32-1138, and in so doing changed the title of said section from interpretations to read as set out herein.

Zoning text, zoning map and watershed map amendments require a legislative hearing before the planning board and the board of commissioners.

(Ord. of 7-12-1999, § 21.510; Amend. of 10-21-2013, § 10; Amend. of 4-19-2021(2), § 1)

Editor's note— Amendment of 4-19-2021(2), § 1, amended § 32-1161, and in so doing changed the title of said section from public hearings to read as set out herein.

(a)

Responsibility. The land development administrator shall be responsible for ensuring notice in the newspaper, posted notice, and mailed notice.

(b)

Newspaper notice. A notice of such legislative hearing shall be published once a week for two consecutive weeks in a newspaper of general circulation in the county. This notice shall be published the first time not less than ten days and not more than 25 days prior to the date established for such legislative hearing.

(c)

Posted notice. When a zoning map amendment is proposed, the county shall prominently post a notice of the hearing on the site proposed for the map amendment or on an adjacent public street or highway right-of-way. When multiple parcels are included within a proposed zoning map amendment, a posting on each individual parcel is not required, but the county shall post sufficient notices to provide reasonable notice to interested persons.

(d)

Mailed notice. For zoning map amendments, the owner of that parcel of land, and the owners of all parcels of land abutting that parcel of land contained within or partially within a radius of 2,500 feet of that parcel of land, shall be mailed a notice of the hearing on a proposed zoning map amendment by first-class mail at the last addresses listed for such owners on the county tax abstracts. For the purposes of this section, properties are "abutting" even if separated by a street, railroad, or other transportation corridor. This notice must be deposited in the mail at least ten but not more than 25 days prior to the date of the hearing. The first-class mail notice is not required if the zoning map amendment proposes to change the zoning designation of more than 50 properties, owned by at least 50 different property owners. In this instance, notice shall be provided by publishing a notice of the hearing once a week for two successive calendar weeks in a newspaper of general circulation in the county. The notice shall not be less than one-half of a newspaper page in size and shall be published the first time not less than ten days, or more than 25 days, before the date scheduled for the hearing. In computing such period, the day of publication is not to be included, but the day of the hearing shall be included. The advertisement shall only be effective for property owners who reside in the area of general circulation of the newspaper which publishes the notice. Property owners who reside outside of the newspaper circulation area, according to the address listed on the most recent property tax listing for the affected property, shall be notified by first-class mail as described in this paragraph (d). If the adoption or modification would result in changes to telecommunication towers or windmills or 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 county shall provide written notice of the proposed changes by certified mail, return receipt requested, to the commander of the military base or the commander's designee not less than ten days nor more than 25 days before the date fixed for the hearing. If the military provides comments or analysis regarding the compatibility of the proposed development regulation or amendment with military operations at the base, the planning board shall take the comments and analysis into consideration before making a recommendation on the proposed adoption or modification of the ordinance and the board of commissioners shall take the comments and analysis into consideration before making a final determination on the ordinance. In the case of a major special use permit application or minor special use permit application, the commanding officer of the military base shall be notified by the county by certified mail, return receipt requested, if the proposed major special use permit application or minor special use permit application is for property located within one mile of the military base not less than ten days nor more than 25 days before the date fixed for the public hearing.

(e)

Zoning map amendment application by other than owner of property. Except for a government-initiated zoning map amendment, when an application is filed to request a zoning map amendment and that application is not made by the landowner or authorized agent, the applicant shall certify to the board of commissioners that the owner of the parcel of land as shown on the county tax listing has received actual notice of the proposed amendment and a copy of the notice of hearing. The person or persons required to provide notice shall certify to the board of commissioners that actual notice has been provided, and such certificate shall be deemed conclusive in the absence of fraud. Actual notice shall be provided by any manner permitted under G.S. 1A-1, Rule 4(j). If notice cannot with due diligence be achieved by personal delivery, certified mail, or by a designated delivery service authorized pursuant to 26 U.S.C. § 7502(f)(2), notice may be given by publication consistent with G.S. 1A-1, Rule 4(jl).

(Ord. of 7-12-1999, § 21.520; Ord. of 2-19-2001, § 2; Amend. of 3-17-2008, § 1; Amend. of 4-5-2010, § 4; Amend. of 6-7-2010, § 1; Amend. of 3-19-2012, § 1; Amend. of 10-21-2013, § 11; Amend. of 6-16-2014, § 3; Amend. of 4-19-2021(2), § 1)

Editor's note— Amendment of 4-19-2021(2), § 1, amended § 32-1162, and in so doing changed the title of said section from notice of public hearings to read as set out herein.

All legislative hearings required by law or deemed advisable by the board of adjustment, the planning board, and the board of commissioners shall be organized by a special order, adopted by a majority vote, setting forth the subject, date, place, and time of the hearing as well as any rules regarding the length of time allotted to each speaker and designating representatives to speak for large groups. At the appointed time, the chair shall call the hearing to order and preside over it. When the allotted time expires, the chair shall declare the hearing ended and the board shall resume the regular order of business.

(Ord. of 7-12-1999, § 21.530; Amend. of 10-21-2013, § 12; Amend. of 4-19-2021(2), § 1)

Editor's note— Amendment of 4-19-2021(2), § 1, amended § 32-1163, and in so doing changed the title of said section from conduct of public hearing to read as set out herein.

The following require an evidentiary hearing by the specified body (see also table 20.110):

(1)

Major special land uses require an evidentiary hearing before the board of commissioners.

(2)

Minor special land uses require an evidentiary hearing before the board of adjustment.

(3)

Zoning variances and administrative appeals require an evidentiary hearing before the board of adjustment.

(4)

Subdivision variances require a quasi-judicial hearing before the board of adjustment.

(5)

Floodway variances require a quasi-judicial hearing before the board of adjustment.

(6)

Watershed variances require a quasi-judicial hearing before the board of adjustment.

(Amend. of 10-21-2013, § 13; Amend. of 4-19-2021(2), § 1)

Editor's note— Amendment of 4-19-2021(2), § 1, amended § 32-1164, and in so doing changed the title of said section from quasi-judicial hearings to read as set out herein.

Notice of evidentiary hearings shall be mailed to the person or entity whose appeal, application, or request is the subject of the hearing; to the owner of the property that is the subject of the hearing if the owner did not initiate the hearing; to the owners of all parcels of land abutting the parcel of land that is the subject of the hearing; and to any other persons entitled to receive notice as provided by the land development code. In the absence of evidence to the contrary, the county may rely on the county tax listing to determine owners of property entitled to mailed notice. The notice must be deposited in the mail at least ten days, but not more than 25 days, prior to the date of the hearing. Within that same time period, the county shall also prominently post a notice of the hearing on the site that is the subject of the hearing or on an adjacent street or highway right-of-way. The board may continue an evidentiary hearing that has been convened without further advertisement. If an evidentiary hearing is set for a given date and a quorum of the board is not then present, the hearing shall be continued until the next regular board meeting without further advertisement.

(Amend. of 10-21-2013, § 14; Amend. of 4-19-2021(2), § 1)

Editor's note— Amendment of 4-19-2021(2), § 1, amended § 32-1165, and in so doing changed the title of said section from notice of quasi-judicial hearings to read as set out herein.

Conduct of the hearing.

(1)

Appearances. Any party who would have standing to appeal the decision under G.S. 160D-1402(c) may appear in person, by appropriate agent, or by attorney at the hearing. Other witnesses may present competent, material, and substantial evidence that is not repetitive as allowed by the board. Agents may not engage in the unauthorized practice of law. See North Carolina State Bar, Authorized Practice Advisory Opinion 2006-1 (determining "that it is the unauthorized practice of law for someone other than a licensed attorney to appear in a representative capacity to advocate the legal position of another person, firm, or corporation that is a party to the proceeding" at a quasi-judicial hearing). North Carolina State Bar 2007 Formal Ethics Opinion 3 requires that the attorney to the board of adjustment advise the board of the contents and implications of Authorized Practice Advisory Opinion 2006-1. Objections regarding jurisdictional and evidentiary issues, including, but not limited to, the timeliness of an appeal or the standing of a party, may be made to the board. The board chair shall rule on any objections, and the chair's rulings may be appealed to the full board. These rulings are also subject to judicial review pursuant to G.S. 160D-1402. Objections based on jurisdictional issues may be raised for the first time on judicial review.

(2)

Order of business. The order of business for each hearing shall be as follows: (a) the chairman, or such person as he/she shall direct, shall give a preliminary statement of the case; (b) the applicant shall present the evidence and arguments in support of the applicant's application; (c) persons opposed to granting the application shall present the evidence and arguments against the application; (d) both sides shall be permitted to present rebuttals to opposing evidence and arguments; (e) the chairman, or such person as he/she shall direct, shall summarize the evidence that has been presented, giving the parties opportunity to make objections or corrections.

(3)

Evidentiary matters. Witnesses may be called and factual evidence may be submitted. The board may view the premises before the hearing, but the facts indicated by such inspection shall be disclosed at the evidentiary hearing and made a part of the record. All witnesses before the board shall be placed under oath, and the opposing party may cross-examine them. The chairman may require opponents of an application who are aligned in interest to designate one of their numbers who himself or herself has standing to cross-examine the applicant and the applicant's witnesses. The chairman shall determine if opponents are aligned in interest and may conduct such examinations of said opponents as may be necessary to determine if said opponents are aligned in interest.

(4)

Decisions and judicial review.

a.

The board shall determine contested facts and make its decision within a reasonable time. Every quasi-judicial decision shall be based upon competent, material, and substantial evidence in the record. Each quasi-judicial decision shall be reduced to writing and reflect the board's determination of contested facts and their application to the applicable standards and be approved by the board. The written decision shall be signed by the chair or other duly authorized member of the board. A quasi-judicial decision is effective upon filing the written decision with the clerk to the board or such other office or official as the development regulation specifies. The decision of the board shall be delivered within a reasonable time by personal delivery, electronic mail, or by first-class mail to the applicant, landowner, and to any person who has submitted a written request for a copy, prior to the date the decision becomes effective. The person required to provide notice shall certify to the local government that proper notice has been made and the certificate shall be deemed conclusive in the absence of fraud.

b.

Every quasi-judicial decision shall be subject to review by the superior court by proceedings in the nature of certiorari pursuant to G.S. 160D-1402. Appeals shall be filed within the times specified in G.S. 160D-1405(d).

(5)

Oaths. The chair of the board, or any member acting as the chair, and the clerk to the board are authorized to administer oaths to witnesses in any matter coming before the board. Any person who, while under oath during a proceeding before the board determining a quasi-judicial matter, willfully swears falsely is guilty of a class 1 misdemeanor.

(6)

Subpoenas. The board making a quasi-judicial decision under this chapter through the chair, or in the chair's absence anyone acting as chair, may subpoena witnesses and compel the production of evidence. To request issuance of a subpoena, the applicant, the local government, and any person with standing under G.S. 160D-1402(c) may make a written request to the chair explaining why it is necessary for certain witnesses or evidence to be compelled. The chair shall issue requested subpoenas he or she determines to be relevant, reasonable in nature and scope, and not oppressive. The chair shall rule on any motion to quash or modify a subpoena. Decisions regarding subpoenas made by the chair may be immediately appealed to the full board. If a person fails or refuses to obey a subpoena issued pursuant to this subsection, the board or the party seeking the subpoena may apply to the general court of justice for an order requiring that its subpoena be obeyed, and the court shall have jurisdiction to issue these orders after notice to all proper parties.

(7)

Conflicts of interest. A member of any other board exercising quasi-judicial functions pursuant to this chapter 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. If an objection is raised to a board member's participation at or prior to the hearing or vote on that matter and that member does not recuse himself or herself, the remaining members of the board shall by majority vote rule on the objection. 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.

(Amend. of 10-21-2013, § 15; Amend. of 4-19-2021(2), § 1)

Editor's note— Amendment of 4-19-2021(2), § 1, amended § 32-1166, and in so doing changed the title of said section from conduct of quasi-judicial hearings to read as set out herein.

(a)

The land development administrator is charged with the enforcement of the provision of this chapter. If the land development administrator or land development administrator deputy finds that any of the provisions of this chapter are being violated, he/she shall notify in writing the person(s) responsible for such violations by written determination, indicating the nature of the violation and ordering the actions(s) necessary to correct it. He/she shall also take any other action authorized by this chapter to ensure compliance with or to prevent violation of its provisions.

(b)

In the event the land development administrator finds that any provision of the minor special use permit or major special use permit, variance approval, or any condition imposed by the board of adjustment, planning board, or board of commissioners is being violated, the permit shall thereupon immediately become void and of no effect. No zoning permits for further construction or certificate of occupancy/compliance under the permit shall be issued, and the use of all completed structures shall immediately cease and not thereafter be used for any proposed use other than a use-by right as permitted by the zone in which the property is located.

(Amend. of 10-7-2002, § 1(21.600); Amend. of 4-19-2021(2), § 1)

Editor's note— Amendment of 4-19-2021(2), § 1, amended § 32-1181, and in so doing changed the title of said section from administrator to read as set out herein.

(a)

Investigations. On receiving a complaint or other information suggesting a violation of this chapter, the land development administrator or deputy shall investigate the situation and determine whether a violation exists.

(b)

Initial determination notice of violation. On determination that a violation of this chapter exists, the land development administrator or deputy shall:

(1)

Give the responsible person(s) written notice of the violation, either in person or by certified mail, return receipt requested;

(2)

The notice shall describe the nature of the violation, state the actions necessary to correct the violation; and

(3)

Request the alleged violator to meet with the land development administrator or deputy within a specified time to discuss the violation and how it may be corrected.

The land development administrator or deputy may provide the alleged violator additional written notices of violation as needed.

(c)

Final determination notice of violation; correction order. The land development administrator's or deputy's final written notice of violation (which may be the initial notice) shall:

(1)

Order the correction of the violation;

(2)

Specify a reasonable time period within which the violation must be corrected;

(3)

State which of the remedies and penalties authorized in section 32.1183, the land development administrator, may pursue if the violation is not corrected within the specified time limit; and

(4)

State that the correction order may be appealed to the board of adjustment.

(5)

This notice shall be delivered as provided in subsection (b)(1), above.

(d)

Appeal to the board of adjustment. Any person aggrieved by the land development administrator's or deputy's determination of a violation or correction order may appeal that determination or order to the board of adjustments in accordance with the provisions of section 32-1184 within 30 days after the date written determination notice of violation or correction order is delivered to the appellant as provided in subsection (b)(1), above. As provided in G.S. § 160D-405(f), an appeal shall stay all proceedings in furtherance of the action appealed from, unless the land development administrator certifies to the board, after notice of appeal has been filed with him, that because of facts stated in the certificate a stay would, in the land development administrator's opinion, cause imminent peril to life or property or that because the violation is transitory in nature a stay would seriously interfere with enforcement of the development regulation. In that case proceedings may not be stayed except by restraining order, which may be granted by a court. If enforcement proceedings are not stayed, the appellant may file with the official a request for an expedited hearing of the appeal, and the board shall meet to hear the appeal within 15 days after such a request is filed.

(e)

Extension of time limit to correct violations. The recipient of a correction order, or the owners of the property on which the violation occurs, may submit to the land development administrator a written request for extension of the order's specified time limit for correction of the violation. On determining that the request includes enough information to show that the violation cannot be corrected within the specified time limit for reasons beyond the control of the person requesting the extension, the land development administrator may extend the time limit as reasonably necessary to allow timely correction of the violation.

(f)

Enforcement action after time limit to correct violation. Following the time limit for correction of the violation, including any stay or extension thereof, the land development administrator or deputy shall determine whether the violation has been corrected. If the violation has been corrected, the land development administrator or deputy shall take no further action against the alleged violator. If the violation has not been corrected, the land development administrator or deputy may act to impose one or more of the remedies and penalties specified in the correction order.

(g)

Stop work orders. Whenever any work or activity subject to regulation pursuant to this chapter or other applicable local development regulation or any state law delegated to the local government 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, staff may order the specific part of the work or activity that is in violation or presents such a hazard to be immediately stopped. 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 therefor, 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. The person or persons 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. Except as provided by G.S. 160D-1112 and G.S. 160D-1208, a stop work order may be appealed pursuant to G.S. 160D-405. 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 shall constitute a class 1 misdemeanor.

(Amend. of 10-7-2002, § 1(21.610); Amend. of 3-17-2008, § 2; Amend. of 4-19-2021(2), § 1)

(a)

Permit denial. As long as a violation exist of any provision of this chapter, the land development administrator may deny or withhold approval of any permit or other authorization provided for in this chapter that is sought for the property on which a violation occurs.

(b)

Permit revocation. The land development administrator may:

(1)

Revoke and require the return of the zoning permit by notifying the permit holder in writing stating the reason for the revocation.

(2)

Permits shall be revoked for any substantial departure from the approved application, plans, or specifications; for refusal or failure to comply with the requirements of State or local laws; or for false statements or misrepresentations made in securing the permit.

(3)

Any permit mistakenly issued in violation of an applicable state or local law may also be revoked.

(c)

Civil penalty. Violation of this chapter subjects the violator to a civil penalty in the amount of $100.00. The land development administrator may impose a civil penalty by giving the violator a written citation either in person or by certified mail, return receipt requested. The citation shall describe the nature of the violation, specify the amount of the civil penalty being imposed, inform the violator to correct the violation within a specified time period, and inform the violator that if the violator does not pay the penalty within a prescribed period of time after he has been cited for violation of [this chapter], then the land development administrator may recover the penalty in a civil action in the nature of debt.

Each day that a violation continues after notification of the violation or correction order by the land development administrator that such violation exists shall be considered a separate offense for the purposes of the civil penalty specified in this section. However, the maximum civil penalty per violation shall be $3,000.00. If the violation continues that exceeds a total of 30 days after notification of the violation or correction order, then land development administrator is to proceed with subsection (d), below.

(d)

Injunction and abatement order. The land development administrator may institute action in a court of competent jurisdiction for mandatory or prohibitory injunction and order of abatement commanding the violator to correct or cease a violation of this chapter. Under section G.S. § 153A-123, if the violator fails to comply with a court injunction or order of abatement and the county executes the order, the county will have a lien placed on the property on which the violation occurred for the total amount of cost of the county in executing the order.

(e)

Other equitable relief. In addition to the above remedies and penalties, the land development administrator may institute any other appropriate equitable action or proceeding in a court of competent jurisdiction to prevent, correct, or abate a violation of this chapter.

(Amend. of 10-7-2002, § 1(21.620); Amend. of 3-17-2008, § 3)

Any person, firm, or corporation who violates any provision of this chapter shall be guilty of a misdemeanor, upon conviction, be fined a sum not less than $100.00 nor more than $500.00 or by imprisonment not to exceed 30 days. A separate offense shall be deemed committed for each day during or upon which the violation occurs or continues.

(Amend. of 10-7-2002, § 1(21.630))