(A)   (1)   The Building Inspector shall administer and enforce this chapter. He may be provided with assistance of such other persons as the Town Commissioners may direct.

      (2)   If the Building Inspector shall find that any of the provisions of this chapter are being violated, he shall notify in writing the person responsible for such violation indicating the nature of the violation and ordering the action necessary to correct it. He shall order discontinuance of illegal use of land, buildings, or structures; removal of illegal buildings or structures or of additions, alterations, or structural changes thereto; discontinuance of any illegal work being done; or shall take other action authorized by this chapter to insure compliance with or to prevent violation of its provisions.

   (A)   Composition; members. The Zoning Board of Adjustment shall consist of five regular members and three alternate members. All members shall be residents of the town. Appointments shall normally be made as of July 1 of each year. Regular and alternate members shall be appointed for staggered terms of three years, provided that vacancies occurring for reasons other than expiration of term shall be filled as they occur, for the unexpired remainder of the term. No member shall serve for more than two consecutive terms, and having served two consecutive terms, no member shall be eligible for reappointment until after remaining off the Board for one year. For this purpose, a member appointed to fill a vacancy for more than one-half a term shall be considered as having served a full term. Faithful attendance at meetings of the Board is to be considered by the Town Commission at the time of reappointment of any regular member or alternate member. Members of the Board of Adjustment may be removed for cause by the Town Commissioners upon written charges and after public hearing. Unexcused absence from three consecutive meetings, or any absence from six meetings in any calendar year shall be cause for removal. ('85 Code, § 15-10.1)

   (B)   Meetings. The Board shall elect one of its members as Chairperson and another as Vice-Chairperson who shall serve for one year. The Chairperson shall appoint the secretary to the Board of Adjustment. The Board shall draw up and adopt the rules of procedures under which it will operate. Meetings of the Board shall be held at the call of the Chairperson and at other such times as the Board may determine. The Chairperson, or in his absence, the acting Chairperson, may administer oaths and compel the attendance of witnesses. All meetings of the Board shall be open to the public. The Board shall keep minutes of its proceedings, showing the vote of each member upon every question, or his absence or failure to vote, indicating such fact, and also keeping records of its examination and any other official action. ('85 Code, § 15-10.2)

   (C)   Filing and notice for an appeal. Appeals from the enforcement and interpretation of this chapter and appeals for variances may be taken to the Board of Adjustment by any person aggrieved or by any office, department, board, or bureau of the town affected. Notice of an appeal to the Board of Adjustment shall be filed with the Building Inspector within 30 days of the date of the denial. An appeal stays all proceedings in furtherance of the action, unless the Building Inspector certifies to the Board that by reason of facts stated in the certificate a stay would, in his opinion, cause imminent peril to life and property, in which case proceedings shall not be stayed otherwise than by a restraining order, which may be granted by the Board or by a court of record.

      (1)   Hearing of the appeal. After receipt of notice of an appeal, the Board Chairperson shall schedule the time for a hearing, which shall be at a regular or special meeting.

      (2)   Notice. At least one week prior to the date of the hearing, the Building Inspector shall furnish all adjoining property owners with written notices of the hearing. Notice of legislative hearing shall be published once a week for two successive calendar weeks in the local newspaper. Public notice may also be posted on the property concerned indicating the proposed change and date of legislative hearing.

      (3)   Fees for appeal variances. A fee as established in the fee schedule adopted by the Board of Commissioners, which shall be available at the office of the Town Clerk, shall be paid to the town for each appeal to cover the necessary administrative costs and advertising.

   (D)   Powers and duties. The Board of Adjustment shall have the following powers and duties:

      (2)   To approve special uses enumerated within the various zoning districts.

      (3)   To authorize upon appeal in specific cases such variances from the terms of this chapter as will not be contrary to the public interest where, owing to special conditions a literal enforcement of the provisions of this chapter would result in unnecessary hardship. In granting any variance, the Board may prescribe appropriate conditions and safeguards in conformity with this chapter. A variance from the terms of this chapter shall not be granted by the Board unless and until the following findings are made:

         (a)   That special conditions and circumstances exist which are peculiar to the land, structure, or building involved and which are not applicable to other land, structures, or buildings in the same district.

         (b)   That literal interpretation of the provisions of this chapter would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of this chapter.

         (c)   That the special conditions and circumstances do not result from the actions of the applicant.

         (d)   That granting the variance requested will not confer on the applicant any special privilege that is denied by this chapter to other land, structures, or buildings in the same district.

   (E)   Appeal from the Board of Adjustment. An appeal from the decision of the Board of Adjustment may be made to the County Superior Court within 30 days after the decision is made by the Board, but not thereafter. ('85 Code, § 15-10.5)

   No permit shall be issued except in conformity with the provisions of this chapter, except after written order from the Board of Adjustment.

('85 Code, § 15-8.2) (Ord. 33, passed 10-5-81; Am. Ord. 4-90, passed 4-2-90) Penalty, see § 157.999

   (A)   (1)   All applications for building permits shall be accompanied by plans in duplicate, showing the actual dimensions and shape of the lot to be built upon; the exact sizes and locations on the lot of buildings already existing, if any; the location and dimensions of the proposed building or alteration and evidence of the County Board of Health's approval of the sewage disposal system or pursuant to § 157.152(B). The application shall include such other information as may be required by the Building Inspector including existing or proposed building or alteration; existing or proposed uses of the building and land; the number of families or rental units the building is designed to accommodate; conditions existing on the lot; and such other matters as may be necessary to determine conformance with, and provide for the enforcement of this chapter.

      (2)   One copy of the plans shall be returned to the applicant by the Building Inspector after he shall have marked such copy either as approved or disapproved and attested to same by his signature on such copy. Should the Building Inspector disapprove an application for a building permit, the reasons for disapproval shall be listed on the application. The second copy of the plans, similarly marked, shall be retained by the Building Inspector. ('85 Code, § 15-8.3)

   (B)   (1)   Applications for a building permit shall be made to the Building Inspector on forms furnished by the Building Inspector and shall include the following where applicable:

         (a)   Names and addresses of the applicant, owner of the site, architect, professional engineer, or contractor.

         (b)   Description of the subject site by lot, block, and recorded subdivisions or by metes and bounds; street address of the subject site; type of structure; existing and proposed operation or use of the structure or site; number of employees in the operation; and the zoning district within which the subject site lies.

(Ord. 33, passed 10-5-81; Am. Ord. 4-90, passed 4-2-90; Am. Ord. 05-01, passed 1-10-05; Am. Ord. 06-01, passed 1-9-06)

   If the work described in any building permit is not commenced following its issuance, the permit shall expire pursuant to the State Building Code.

('85 Code, § 15-8.4) (Ord. 33, passed 10-5-81; Am. Ord. 4-84, passed 2-6-84; Am. Ord. 4-90, passed 4-2-90)

   (A)   It shall be unlawful to create, erect, change, convert, or wholly or partly alter, or enlarge the use of a structure until a building permit shall have been issued by the Building Inspector stating that the proposed use of the building or land conforms to the requirements of this chapter.

   (B)   No permit for erection, alteration, moving or repair of any building shall be issued until an application has been made for a building permit. The permit shall be issued in conformity with the provisions of this chapter.

   (C)   A temporary building permit may be issued by the Building Inspector for a period not exceeding six months during alterations or partial occupancy of a building pending its completion. A temporary building permit may be issued by the Building Inspector for a period not exceeding one month for bazaars, carnivals, or religious revival. Such temporary permit may require such conditions and safeguards as will protect the safety of the occupants and the public.

   (D)   The Building Inspector shall maintain a record of all building permits and a monthly summary of all permits issued shall be made available to the public.

   (E)   Failure to obtain a building permit shall be violation of this chapter and shall be punishable under § 157.999 of this chapter.

('85 Code, § 15-8.5) (Ord. 33, passed 10-5-81; Am. Ord. 06-01, passed 1-9-06) Penalty, see § 157.999

   Building permits issued on the basis of plans and applications approved by the Building Inspector authorize only the use, arrangements, and construction set forth in such approved plans and applications. Use, arrangement, or construction at variance with that authorized shall be deemed a violation of this chapter.

('85 Code, § 15-8.6) (Ord. 33, passed 10-5-81) Penalty, see § 157.999

   (A)   The Building Inspector shall not issue a building permit for any structure which requires the Board of Health's approval for the installation of a sewage disposal system until such approval has been granted by the Brunswick County Board of Health. Evidence of approval shall accompany the application for a building permit.

   (B)   The Building Inspector may issue a building permit for new construction and additions to already constructed habitable residential or commercial structures without the necessity of approval by the Brunswick County Board of Health for the installation of a sewage disposal system provided the following contingencies are met, which include, but are not limited to: The necessity of providing approved sewage disposal before a certificate of occupancy is issued; the execution of a waiver acknowledging that sewage disposal must be approved before a certificate of occupancy is issued; that water may not be supplied until a certificate of occupancy is issued; and that the structure may not be inhabited without a certificate of occupancy.

('85 Code, §15-11.4) (Ord. 33, passed 10-5-81; Am. Ord. 05-01, passed 1-10-05)

   If the building permit is denied, the applicant may appeal the action of the Building Inspector to the Board of Adjustment.

('85 Code, § 15-8.7) (Ord. 33, passed 10-5-81)

   (A)   No new building or part thereof shall be occupied, and no addition or enlargement of any existing building shall be occupied, and no existing building after being altered or moved shall be occupied, and no change of occupancy shall be made in any existing building or part thereof, until the Building Inspector has issued a certificate of occupancy therefor. A temporary certificate of occupancy may be issued for a portion or portions of a building which may safely be occupied prior to final completion and occupancy of the entire building.

   (B)   Application for a certificate of occupancy may be made by the owner or his agent after all final inspections have been made for new buildings, or, in the case of existing buildings, after supplying the information and data necessary to determine compliance with this chapter and appropriate regulatory codes of the town for the occupancy intended. The Building Inspector shall issue a certificate of occupancy when, after examination and inspection, it is found that the building in all respects conforms to the provisions of the chapter and appropriate regulatory codes of the town for the occupancy intended.

('85 Code, § 15-8.8) (Ord. 33, passed 10-5-81)

   (A)   It is the intention of this chapter that all questions arising in connection with the enforcement of this chapter shall be presented first to the Building Inspector and that such questions shall be presented to the Board of Adjustment only on appeal from the Building Inspector and that from the decision of the Board of Adjustment recourse shall be to courts as provided by law.

   (B)   It is further the intention of this chapter that the duties of the Town Commissioners in connection with the chapter shall not include the hearing and passing of disputed questions that may arise in connection with the enforcement thereof, but only considering and passing upon any proposed amendment or repeal of the chapter text and map.

('85 Code, § 15-8.9) (Ord. 33, passed 10-5-81)

   (A)   Qualified protests.

      (1)   In the case of a qualified protest against a zoning map amendment, that amendment shall not become effective except by favorable vote of three- fourths of all the members of the Board of Commissioners. For the purposes of this division, vacant positions on the Board and members who are excused from voting shall not be considered “members of the Board” for calculation of the requisite supermajority.

      (2)   To qualify as a protest under this section, the petition must be signed by the owners of either 20% or more of the area included in the proposed change or 5% of a 100-foot-wide buffer extending along the entire boundary of each discrete or separate area proposed to be rezoned. A street right-of-way shall not be considered in computing the 100-foot buffer area as long as that street right-of-way is 100 feet wide or less. When less than an entire parcel of land is subject to the proposed zoning map amendment, the 100-foot buffer shall be measured from the property line of that parcel. In the absence of evidence to the contrary, the city may rely on the county tax listing to determine the “owners” of potentially qualifying areas.

   (B)   The Town Clerk shall certify that petitioners are in fact the owners of 20% of certain specified properties as required above.

(‘85 Code, § 15-8.10) (Ord. 33, passed 10-5-81; Am. Ord. 21-10, passed 6-15-21)

   Whenever a violation of this chapter occurs, or is alleged to have occurred, any person may file a written complaint. Such complaint stating fully the causes and basis thereof shall be filed with the Building Inspector. He shall record properly such complaint, immediately investigate, and take action thereon as provided by this chapter.

('85 Code, § 15-11.2) (Ord. 33, passed 10-5-81)

   (A)   (1)   Violation of the provisions of this chapter or failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with grants of variances) shall constitute a misdemeanor. Any person who violates this chapter or fails to comply with any of its requirements for which no penalty is otherwise provided, shall upon conviction thereof be fined not more than $500 or imprisoned for not more than 30 days or both, and in addition shall pay all cost and expense involved in the case. Each day such violation continues shall be considered a separate offense.

      (2)   The owner or tenant of any building, structure, premises or part thereof, and any architect, building contractor, agent, or other person who commits, participates in, or maintains such violation may each be found guilty of a separate offense and suffer the penalties herein provided.

      (3)   Nothing herein contained shall prevent the town from taking such other lawful action as is necessary to prevent or remedy any violation pursuant to G.S. § 160A-175. A civil fine of $500 per offense shall be levied for violation of provisions in this chapter for which no civil fine is otherwise provided, in accordance with § 10.99(B) of this code of ordinances.

(Ord. 33, passed 10-5-81; Am. Ord. 93-11, passed 9-7-93; Am. Ord. 07-05, passed 6-12-07)

   (B)   Should any owner of property, or agent of an owner of property within the town, violate the provisions of § 157.079 of this chapter, and fail to have the offending sign removed as provided in § 157.079(K), the owner shall, in addition to other remedies available, be liable to a civil fine of $25 for each violation, which fine shall be payable at Town Hall. Each day such violation continues shall be considered a separate offense. Removal of the offending sign within the 15-day grace period but subsequent illegal replacement of such sign shall constitute a continuing violation of the initial placement and be subject to appropriate fines and remedies. ('85 Code, § 15-6.8j.) (Ord. 33, passed 10-5-81; Am. Ord. 8-88, passed 5-2-88)

   (C)   (1)   Criminal. Any person who violates any provision of §§ 157.115 through 157.120 of this chapter shall be subject a penalty in accordance with § 10.99(A) of this code of ordinances.

      (2)   Civil. In accordance with § 10.99(B) of this code of ordinances, any person who violates any provision of §§ 157.115 through 157.120 of this chapter shall be subject to a civil fine of $50 per offense.

(‘85 Code, § 15-7.7) (Ord. 93-11, passed 9-7-93; Am. Ord. 10-01, passed 2-9-10)

   Enforcement of Ordinances, see G.S. 160A-175