Hillsville City Zoning Code
ARTICLE IV
Administration
§ 171-17 Designation of Zoning Administrator.
The provisions of this chapter shall be administered and enforced by the Zoning Administrator, who shall be designated by the Town Council and who may hold other appointed office in the town. The Zoning Administrator may be provided with the assistance of other persons at the direction of the Town Council.
§ 171-18 Duties of Zoning Administrator.
The Zoning Administrator shall have all necessary authority on behalf of the Town Council to administer and enforce this chapter and to carry out the duties prescribed in this Article and elsewhere in this chapter. It shall be the responsibility of all other appointed officers and employees of the town to cooperate with the Zoning Administrator in the execution of his or her duties.
A.
Conclusions and findings. The Zoning Administrator shall have the authority to make conclusions of law and findings of fact, with concurrence of the Town Attorney, in connection with the administration, application and enforcement of this chapter in specific cases.
B.
Interpretation of ordinance. Subject to appeal to the Board of Zoning Appeals as provided in Article XVIII of this chapter, the Zoning Administrator shall be the final authority in the interpretation of the provisions of this chapter.
C.
Review and approval of zoning permits. The Zoning Administrator shall review all applications for zoning permits required by § 171-19 of this Article and shall approve or disapprove each zoning permit based on compliance or noncompliance with the provisions of this chapter.
D.
Issuance of certificates of zoning compliance. The Zoning Administrator shall review all requests for certificates of zoning compliance required by § 171-20 of this Article and shall issue such certificates when the provisions of this chapter are met.
E.
Enforcement and correction of violations. The Zoning Administrator shall use his or her best efforts to prevent violations of this chapter and to detect and secure the correction of violations in accordance with the provisions of Article V of this chapter.
G.
Records and map. The Zoning Administrator shall maintain the Official Zoning Map[1] as described in § 171-30 and shall maintain records of all official actions taken with respect to administration and enforcement of this chapter and shall retain copies of all zoning permit applications, certificates of zoning compliance and other plans and related information as a permanent record.
[1]
Editor's Note: The Zoning Map is on file and available for inspection in the office of the Town Manager.
§ 171-19 Zoning permits.
[Amended 10-23-1995]
A.
Zoning permit required.
(1)
No building or other structure shall be constructed, erected, enlarged, structurally altered, moved or converted to accommodate a different use, nor shall any use of land, buildings or structures be established, changed to a different use or expanded to occupy a greater area, nor shall any permanent sign be erected or installed until a zoning permit for such building structure, use or sign has been issued by the Zoning Administrator.
(2)
No land disturbing activity requiring a land disturbing permit under the provisions of the Erosion and Sediment Control Ordinance applicable within the town shall occur until a zoning permit which includes authorization for such activity has been issued by the Zoning Administrator. This provision shall not be construed to exempt any land disturbing activity from the requirements of Chapter 70, Drainage Control.
(3)
In any case where a zoning permit has been issued for construction, erection, enlargement, structural alteration, moving or conversion of a building or other structure and there is no change in use from that which is specified on the zoning permit, an additional zoning permit shall not be required for the use of the building or structure upon completion of such construction or other work.
B.
Application for zoning permits. Every application for a zoning permit shall be submitted to the Zoning Administrator by the owner of the property involved or by an agent of the owner or tenant of the property, with the written consent of the owner. Applications shall be submitted on forms provided by the Zoning Administrator and shall include all information necessary for the Zoning Administrator to determine compliance or noncompliance with this chapter.
C.
Plans required for zoning permit. Except as provided in Subsections D and E, every application for a zoning permit shall be accompanied by three copies of a plan drawn to scale and showing:
[Amended 10-23-1995]
(1)
The location, boundaries and dimensions of the property, including existing and proposed easements.
(2)
Existing buildings and structures to remain.
(3)
The location, dimensions and height of proposed buildings and structures and additions or alterations to existing buildings and structures.
(4)
The dimensions of yards and setbacks.
(5)
Buffers, screening, fencing, landscaping and other features required by this chapter.
(6)
The means of access to the site and adjacent street and right-of-way lines.
(7)
The arrangement and dimensions of off-street parking spaces and vehicular circulation.
(8)
Existing and proposed use of land, buildings and structures, and number of dwelling units, where applicable.
(9)
The general nature and extent of existing vegetation on the site, existing and proposed grades and drainage plans.
(10)
Existing permanent signs to remain and proposed permanent signs, including location, lettering, dimensions, lighting and means of attachment or support.
(11)
Any additional information deemed necessary by the Zoning Administrator to determine compliance with specific requirements of this chapter.
D.
Waiver of certain plan requirements.
(1)
Required plans described in Subsection C are intended in cases where extensive plans and information are necessary to determine compliance with the provisions of this chapter. With prior approval by the Zoning Administrator, particular information may be omitted from required plans when, due to the nature or limited scope of a project, such information is not necessary for evaluation of the zoning permit application or for purposes of maintaining a record of zoning permit approval.
(2)
Plans shall not be required where only the use of existing buildings or structures is proposed to be changed and there is no new construction and no changes are to be made to buildings or structures or to the layout, arrangement or use of the site.
E.
Zoning permits for signs.
(1)
In the case of zoning permit applications for signs, only the plan requirements of Subsection C(10) shall apply, provided that the location of any freestanding sign shall be shown to scale on a site drawing.
(2)
In any case where a sign is approved in conjunction with a zoning permit for construction, alteration or use of a building or the use of land and no change to the sign is proposed, a separate zoning permit for such sign shall not be required.
F.
Expiration of zoning permit. A zoning permit shall be valid for a period of one year from the date of issuance by the Zoning Administrator. A zoning permit shall become null and void if, within such period, no building permit or certificate of use and occupancy pursuant thereto has been issued by the Building Official. In a case where no building permit or certificate of use and occupancy is required by the Building Code, a zoning permit shall become null and void if, within one year from the date of its issuance, the use, activity or feature authorized by such zoning permit has not been established.
G.
An exception to this section is granted to those existing residential properties that are now zoned business but have not changed use from residential. No zoning permit will be required nor change in the zoning if residential improvements are made.
[Added 6-27-2016]
§ 171-20 Certificate of zoning compliance.
A.
A certificate of zoning compliance shall be required after completion of any construction, erection, enlargement, structural alteration, moving or conversion of any building or structure for which a zoning permit is required by § 171-19 of this Article and prior to occupancy or use of such building or structure.
B.
The Zoning Administrator shall issue the certificate of zoning compliance within five working days after notification by the applicant that the construction is completed if, after inspection of the building or structure, the Zoning Administrator is satisfied that the construction is in compliance with plans approved in conjunction with the zoning permit. If construction is not in compliance with such plans, the certificate of zoning compliance shall not be issued and the building or structure shall be deemed to be in violation of this chapter.
§ 171-21 Building permit.
No building permit or permit to erect a sign shall be issued by the Building Official until a zoning permit as required by § 171-19 of this Article has been issued by the Zoning Administrator and the Building Official has been provided with a copy thereof.
§ 171-22 Certificate of use and occupancy.
A.
In any case where a building or other structure is constructed, erected, enlarged, structurally altered, moved or converted, no certificate of use and occupancy shall be issued by the Building Official until a certificate of zoning compliance as required by § 171-20 of this Article has been issued by the Zoning Administrator and the Building Official has been provided with a copy thereof.
B.
In any case where the use of a building or structure is changed, no certificate of use and occupancy shall be issued by the Building Official until a zoning permit as required by § 171-19 of this Article has been issued by the Zoning Administrator and the Building Official has been provided with a copy thereof.
§ 171-23 Land disturbing permit.
No land disturbing permit required by the provisions of the Erosion and Sediment Control Ordinance applicable within the town shall be issued until the Zoning Administrator has reviewed the application for such permit and certified that the proposed land disturbing activity and the intended use of the property will not result in any violation of the provisions of this chapter.