(a)

The town council shall appoint a code enforcement officer to administer and enforce this chapter. The code enforcement officer may be provided with the assistance of such other persons as the town council may direct.

(b)

The code enforcement officer is authorized, and it shall be his duty, to administer and enforce the provisions of this chapter, except as otherwise provided in this chapter. Appeal from a decision of the code enforcement officer may be made to the board of adjustment as provided in article III of this chapter.

(c)

If the code enforcement officer finds 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 any illegal work being done and shall take any other action authorized by this Code or the general statutes of the state to ensure compliance with, or prevent violation of, the provisions of this chapter.

(Code 2003, § 30-31; Ord. No. 02-21, § 1(19.151), 6-20-2002)

(a)

No building permit shall be approved by the building inspector, except in conformity with the provisions of this chapter and until the officer receives a signed certificate from the code enforcement officer, or unless he receives a written order from the board of adjustment in the form of an administrative review or variance as provided by ordinance.

(b)

The code enforcement officer shall not submit a certificate of zoning compliance for the issuance of a building permit unless the plans, specifications and intended use of such building or structure, or part thereof, conform in all respects to the provisions of this chapter. The application for a zoning certificate shall be accompanied by such information as the code enforcement officer may lawfully require to enable him to act upon such application. A fee shall be charged for the issuance of each zoning certificate.

(c)

Each application for a zoning certificate shall include information as to the location of applicable areas of environmental concern (AECs). Prior to the issuance of a building permit, the building inspector or local permit officer shall certify that the proposed structure or facility is in accordance with the state guidelines for areas of environmental concern.

(d)

For purposes of enforcing subsection (c) of this section, the term "local permit officer" means the building inspector or his designee in accordance with the Coastal Area Management Act Implementation and Enforcement Plan for Brunswick County.

(e)

Before commencing the construction, erection, repair, alteration, addition to, or moving of any building or structure, or part thereof, or before commencing any excavation for such building or structure, except where specifically authorized by this chapter, a building permit for such work shall be secured from the building inspector, according to the fee schedule.

(f)

Before commencing the removal or demolition of any building or structure, or part thereof, a building permit authorizing such demolition shall be obtained from the building inspector.

(g)

The building inspector shall not issue a building permit unless the plans, specifications and intended use of such building, structure or land, or part thereof, conform in all respects to the provisions of this chapter, as determined by the code enforcement officer. The application for a building permit shall, therefore, be accompanied by a zoning permit signed by the code enforcement officer, as well as any additional information required by the building inspector. In cases where an appeal is filed by the applicant or where he applies for a variance, the code enforcement officer shall forthwith transmit all of the papers pertaining to the application to the board of adjustment for its action.

(Code 2003, § 30-32; Ord. No. 02-21, § 1(19.152), 6-20-2002; Ord. No. O22-049, § 1(Exh. A), 7-21-2022)

(a)

It shall be unlawful for any person to change or commence the use of any building or land, except the use of land for agricultural purposes, until a preliminary certificate of zoning compliance has been issued by the code enforcement officer for the town, stating that the proposed use complies with the provisions of this chapter and all applicable codes of the town and state, and the applicant for the preliminary certificate of zoning compliance has paid the application fee as established by the town council.

(b)

The applicant for a preliminary certificate of zoning compliance shall be required to provide the code enforcement officer with a diagram of the property, drawn to scale and showing the location of any proposed improvements. Such diagram may be prepared by a surveyor or by utilizing tax maps of the property; provided, however, that any such layout must be to scale and must clearly show the location of the property and any proposed improvements.

(c)

The applicant for a preliminary certificate of zoning compliance shall be required to locate the boundaries of the property for which the preliminary certificate of zoning compliance is requested in such a manner that the boundaries can be identified by the code enforcement officer. Such markings may include stakes being placed at the corners and strings tied between such stakes along the boundaries of the property. Other methods of identifying the corners and boundaries of the property are acceptable as long as such methods clearly delineate the location of the property in question. The code enforcement officer shall not issue a preliminary certificate of zoning compliance until such time as the property has been marked in a fashion so that its corners and boundaries can be located. If, after the preliminary certificate of zoning compliance is issued, it is determined that the corners and boundaries were improperly located, the code enforcement officer shall immediately revoke the preliminary certificate of zoning compliance and all construction activity on the property shall cease until it is determined that the preliminary certificate of zoning compliance was properly issued.

(d)

Upon completion of any new nonresidential construction and prior to the issuance of a certificate of occupancy by the town building inspector, the property owner must acquire a final certificate of zoning compliance from the code enforcement officer. If the code enforcement officer is unable to determine that the completed construction complies with the provisions of this chapter, the code enforcement officer may require the property owner to submit a final plot plan, prepared by a registered surveyor, showing the boundaries of the property and the location of the new construction on such property.

(e)

Supplemental requirements for small wireless facilities. Applications for certificates of compliance to collocate small wireless facilities in the public rights-of-way (PROW) on new, existing or replacement wireless support structures; or in the non-residential zoning districts are subject to the approval process required by G.S. 160D-400.50 et seq., wireless telecommunications facilities.

(1)

Contents of application for certificate of compliance. In addition to the requirements of section 30-181 and chapter 20, streets, sidewalks and other public places, article II, the application for a small wireless facility must include a sworn, notarized attestation that the small wireless facilities shall be:

a.

Activated for use by a wireless services provider to provide service no later than one year from the permit issuance date, and

b.

Collocation shall commence within six months of the permit issuance date, and

c.

If not, the permit may be revoked.

(2)

Time and review of applications for certificate of compliance.

a.

Initial review for completeness of applications shall be concluded within ten days unless the applicant agrees to an extension. If an application is deemed incomplete, town staff will notify the applicant in a writing listing all deficiencies. The review time is tolled by a notice that an application is incomplete. Subsequent reviews for completeness shall be concluded in ten days unless the applicant agrees to an extension.

b.

Review and processing shall be completed within 45 days of the town's receipt of a completed application.

(3)

Standard of review. Applications for certificates of compliance for small wireless facilities shall be reviewed for conformance with this chapter, including the applicable site plan and state building code requirements.

(4)

Reasons for denial of application for certificate of compliance. The town may deny an application for a small wireless facility only on the basis that it does not meet any of the following:

a.

The town's applicable codes;

b.

Town Code provisions or regulations that concern public safety, objective design standards for decorative utility poles, town utility poles, or reasonable and nondiscriminatory stealth and concealment requirements, including screening or landscaping for ground-mounted equipment;

c.

Public safety and reasonable spacing requirements concerning the location of ground-mounted equipment in a right-of-way.

(5)

Applicant's option to file a "consolidated application". Applicants for certificates of compliance for small wireless facilities may file a consolidated application for no more than 25 separate facilities and receive a permit for the collocation of all the small wireless facilities meeting the requirements of this chapter. The town may remove small wireless facility collocations from a consolidated application and treat separately small wireless facility collocations:

a.

For which incomplete information has been provided or

b.

That are denied.

The town may issue a separate permit for each collocation that is approved.

(6)

Applications for small wireless facilities to be in town rights-of-way shall meet the requirements of chapter 46 streets, sidewalks and other public places.

(7)

No application or fee is required for the suspension of micro wireless facilities between existing utility poles by or for a communications service provider.

(Code 2003, § 30-33; Ord. No. 02-21, § 1(19.153), 6-20-2002; Ord. No. 04-41, § 1, 1-20-2005; Ord. No. O18-027, § 3(Exh. C), 12-20-2018; Ord. No. O20-023, § 1(Exh. A), 6-18-2020)

State Law reference— Certificates of compliance, G.S. 160D-1116.

The town council may, on its own motion or upon petition, after public notice and hearing, amend, supplement, change, modify or repeal the regulations or maps in this chapter or subsequently established, subject to the rules and procedures established by law and more specifically established as follows:

(1)

The town council shall hold hearings and consider changes to this chapter at a duly advertised meeting. Applicants shall be advised by the town clerk as to when their request shall be heard by the town council. Requests for changes will be taken on a first come, first served basis, so as to afford all interested parties an opportunity to make their opinions known or any request of interest to them.

(2)

Before adopting or amending any ordinance authorized by this article (G.S. 160D-701 et seq. and 160D-923), the town council shall hold a public hearing on such change request. A notice of the public hearing shall be given in accordance with the procedures of G.S. 160D-601 et seq.

(3)

Subsequent to initial adoption of the ordinance from which this chapter is derived, all proposed amendments to this chapter or the zoning map shall be submitted to the planning board for review and comment. If no written report is received from the planning board within 30 days of referral of the amendment to that board, the town council may proceed in its consideration of the amendment without the planning board report. The town council is not bound by the recommendations, if any, of the planning board.

(4)

Reserved.

(5)

All applications for amending this chapter or the zoning map shall be submitted to the code enforcement officer. The proposal shall contain a metes and bounds description or deed drawing of the area involved or a reference to lots in an approved subdivision, a statement of the present and proposed zoning classification of the property, the names and addresses of the owners of the property involved, and the names and addresses of the owners of the property immediately adjacent thereto on all sides and across any street, provided that the names and addresses of the property owners shall not be required of proposals initiated by the planning board where, in the opinion of the planning board, the manner of the proposal would make it impractical to list the names and addresses of the property owners.

(6)

There shall be a fee payable to the town for each application for rezoning. The amount of such fee shall be fixed by the town council and shall be sufficient to partially defray all administrative costs incurred in processing the application, notifying adjacent property owners, obtaining technical assistance and publishing the notice of public hearing. No refund of the fee, or any part thereof, shall be made once the application has been advertised for the public hearing. No action will be taken and no application will be valid until such fee has been paid. A fee shall not be required if the application is initiated by the town council or planning board.

(7)

No such proposed change in this chapter or the zoning map, if denied by action of the town council or planning board, may be submitted within a period of one year from the date of such denial by the town council or planning board, unless the town council shall unanimously find that changing conditions in the area or new information concerning the property requested for rezoning warrant a resubmission for change in this chapter or the zoning map, provided that the one-year waiting period shall not be applicable or otherwise be involved in the filing of a new application for rezoning all or any part of the property previously considered by the planning board or the town council where the new application requests rezoning to a different zoning district classification. Nevertheless, not more than two applications may be filed for rezoning all or part of the same property within any 12-month period. The aforementioned waiting period of one year, or the limitations on the number of applications per year, shall not apply to staff-sponsored changes to this chapter or zoning map. Staff-sponsored changes may be re-heard by the town council and planning board with a simple majority vote from the town council.

(8)

A town council member shall not vote on any zoning map or text amendment where the outcome of the matter being considered is reasonably likely to have a direct, substantial, and readily identifiable financial impact on the member. Members of appointed boards providing advice to the town council shall not vote on recommendations regarding any zoning map or text amendment where the outcome of the matter being considered is reasonably likely to have a direct, substantial, and readily identifiable financial impact on the member.

(9)

a.

Zoning regulations shall be made in accordance with a comprehensive plan.

b.

Prior to adopting or rejecting any zoning amendment, the town council shall adopt a brief statement describing the reasonableness of the proposed amendment as well as whether its action is consistent or inconsistent with an adopted comprehensive plan which shall not be subject to judicial review. If the amendment is adopted and the action was deemed inconsistent with the adopted plan, the zoning amendment shall have the effect of also amending the any future land use map in the approved plan and no additional request or application for a plan amendment shall be required.

Prior to consideration by the town council of the proposed zoning amendment, the planning board shall advise and comment on whether the proposed amendment is consistent with any of the town's comprehensive plans. The planning board shall provide a written recommendation to the town council that addresses plan consistency and other matters as deemed appropriate by the planning board, but a comment by the planning board that a proposed amendment is inconsistent with the town's comprehensive plans shall not preclude consideration or approval of the proposed amendment by the town council.

(10)

All provisions of this chapter are hereby made applicable to the erection, construction, and use of buildings by the state and its political subdivisions. Provided that no land owned by the state may be included within an overlay district or a special use or conditional use district without approval of the council of state.

(Code 2003, § 30-35; Ord. No. 02-21, § 1(19.156), 6-20-2002; Ord. No. 06-08, §§ 1—6, 3-16-2006; Ord. No. 13-06, § 1, 3-21-2013; Ord. No. O18-006, §§ 1, 2, 4-19-2018; Ord. No. O20-023, § 1(Exh. A), 6-18-2020; Ord. No. O20-031, § 1(Exh. A), 7-16-2020)

State Law reference— Method of procedure, G.S. 160D-601.

The town council requires that all planning board agenda items be submitted to the planning and inspections director or their designee at least 20 days before the planning board's regularly scheduled monthly meeting.

(Code 2003, § 30-36; Ord. No. 02-21, § 1(19.159), 6-20-2002; Ord. No. O20-029, § 1(Exh. A), 7-16-2020)

The town council shall adopt a schedule of fees to be paid by applicants for permits and applications required under the provisions of this chapter. Such fee schedule shall be adopted by resolution of the town council and shall be maintained in the office of the planning and inspections director.

(Code 2003, § 30-37; Ord. No. 02-21, § 1(19.160), 6-20-2002; Ord. No. O20-029, § 1(Exh. A), 7-16-2020)

(a)

The town may adopt temporary moratoria on any town development approval required by law. 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. Except in cases of imminent and substantial threat to public health or safety, before adopting an ordinance imposing a development moratorium with a duration of 60 days or any shorter period, the governing board shall hold a public 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. 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-1101 et seq. is outstanding, to any project for which a conditional use permit application or special use permit application has been accepted, to development set forth in a site-specific or phased development plan approved pursuant to G.S. 160D-108, to development for which substantial expenditures have already been made in good faith reliance on a prior valid administrative or quasi-judicial permit or approval, or to preliminary or final subdivision plats that have been accepted for review by the town prior to the call for public hearing to adopt the moratorium. Any preliminary subdivision plat accepted for review by the town prior to the call for public hearing, if subsequently approved, shall be allowed to proceed to final plat approval without being subject to the moratorium.

(b)

Any ordinance establishing a development moratorium must expressly include at the time of adoption each of the following:

(1)

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

(2)

A clear 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)

An express 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 clear statement of the actions, and the schedule for those actions, proposed to be taken by the town during the duration of the moratorium to address the problems or conditions leading to imposition of the moratorium.

(c)

No moratorium may be subsequently renewed or extended for any additional period unless the town shall have taken all reasonable and feasible steps proposed to be taken by the town 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 expressly include, at the time of adoption, the findings set forth in subsections (b)(1) through (4) of this section, including what new facts or conditions warrant the extension.

(d)

Any person aggrieved by the imposition of a moratorium on development approvals required by law may apply for an order enjoining the enforcement of the moratorium as provided by law, and the court shall have jurisdiction to issue that order. In any such action, the town shall have the burden of showing compliance with the procedural requirements of this section.

(Code 2003, § 30-38; Ord. No. 06-08, § 17, 3-16-2006; altered in 2018 recodification; Ord. No. O20-023, § 1(Exh. A), 6-18-2020)