Except as defined herein, the boards, commissions and committees authorized with the authority to carry out the duties and responsibilities of the UDO as authorized under N.C.G.S. 160D are defined in Chapter Two Administration of the Marion City Code of Ordinances. These boards and commissions include, but are not limited to, the following:

   1.   Planning Board

   2.   Board of Adjustment

   3.   Historic Preservation Commission

   4.   Housing Appeals Board

   5.   Watershed Review Board

   For the purpose of the UDO, the use of the term "board" is presumed to include any board, commission, or committee assigned to carry out a specific function or duty of the UDO.

(Ord. No. O-21-06-15-5, §1, 6-15-21)

   A.   It shall be the function of the planning and development department to administer and enforce all of the provisions of the UDO; regulatory and technical codes adopted by reference in the UDO; and make all inspections necessary to determine the compliance with the provisions and to exercise all duties and powers imposed or given by applicable General Statutes or any other applicable act of the General Assembly of the State of North Carolina.

   B.   It shall be the duty of the planning and development director, or their designee, to serve as staff liaison to any board, commission or committee authorized with power to administer and enforce the UDO.

(Ord. No. O-21-06-15-5, §1, 6-15-21)

   Meetings of the city council and its boards and commissions are subject to all applicable requirements of the North Carolina meetings law.

(Ord. No. O-21-06-15-5, §1, 6-15-21)

   A.   Planning and Development Director.

      1.   Administrative Authority.

         a.   The planning and development director shall serve as the administrator of the UDO unless otherwise stated and has the authority to supervise all activities and decisions of the planning and development department.

         b.   The planning and development director may designate any staff member as their designee in any function assigned by the UDO.

         c.   Any reference in the UDO to the planning and development director, floodplain administrator, subdivision administrator, watershed administrator or other administrative designation shall be presumed to be the planning and development director or their designee.

      2.   Duties, including but not limited to:

         a.   Draft and implement plans and development regulations to be adopted pursuant to G.S. Chapter 160D;

         b.   Determine whether applications for development approvals are complete;

         c.   Process applications for development approvals; provide notice of applications and hearings;

         d.   Make decisions and determinations regarding development regulation implementation;

         e.   Determine whether applications for development approvals meet applicable standards as established by law and local ordinance;

         f.   Conduct inspections;

         g.   Issue or deny certificates of compliance; enforcing development regulations, including issuing notices of violation, and orders to correct violations; and

         h.   Bring judicial action against actual or threatened violations; keeping adequate records; and any other actions that may be required in order to adequately enforce the UDO and laws of the city of Marion that are under the city's planning and development jurisdiction.

   B.   Chief Building Official.

      1.   Administrative Authority.

         a.   The chief building official is responsible for the administration and enforcement of the North Carolina State Building Code, North Carolina State Residential Code for One and Two Family Dwellings and all other applicable state codes adopted by the North Carolina Building Code Council as referenced herein, and as may be amended from time to time.

         b.   The chief building official shall be responsible for the direct supervision of building inspection staff.

      2.   Duties, including but not limited to:

         a.   Processing and reviewing applications and plans in accordance with state building codes, including those for building, electrical, mechanical, plumbing, and gas.

         b.   Conducting inspections of buildings and other structures.

         c.   The installation of plumbing systems, electrical systems, heating systems, refrigeration systems, and air-conditioning systems.

         d.   The maintenance of buildings and other structures in a safe, sanitary, and healthful condition.

         e.   Issuance or denial of development permits, certificates of compliance, and certificates of occupancy; enforcing development regulations, including issuing notices of violation, stop work orders, and orders to correct violations.

         f.   Bringing judicial action against actual or threatened violations; keeping adequate records; and any other actions that may be required in order to adequately enforce the UDO and laws of the city of Marion that are under the city's planning and development jurisdiction.

   C.   Technical Review Committee.

      1.   Purpose. The purpose of the Technical Review Committee (TRC) is to coordinate the review of any development application that requires final action by the governing board when a public street, right-of-way, or utility is altered, extended, expanded, or modified.

      2.   Composition. The TRC shall be composed of administrative representation from each of the following departments and the divisions within them:

         a.   Planning and Development (Planning)

         b.   Planning and Development (Building);

         c.   Fire Department;

         d.   Public Works (Streets); and

         e.   Public Works (Utilities).

   The director of each department, or their designee, having the power and authority to review and make recommendations on development applications shall serve on the TRC.

(Ord. No. O-21-06-15-5, §1, 6-15-21)

   The floodplain administrator shall perform, but not be limited to, the following duties:

   A.   Review all floodplain development applications and issue permits for all proposed development within special flood hazard areas to assure that the requirements of this chapter have been satisfied.

   B.   Review all proposed development within special flood hazard areas to assure that all necessary local, state and federal permits have been received.

   C.   Notify adjacent communities and the North Carolina Department of Crime Control and Public Safety, Division of Emergency Management, State Coordinator for the National Flood Insurance Program prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Emergency Management Agency (FEMA).

   D.   Assure that maintenance is provided within the altered or relocated portion of said watercourse so that the flood-carrying capacity is maintained.

   E.   Prevent encroachments into floodways and nonencroachment areas unless the certification and flood hazard reduction provisions of Sec. 8-1.19 are met.

   F.   Obtain actual elevation (in relation to mean sea level) of the reference level (including basement) and all attendant utilities of all new and substantially improved structures, in accordance with the provisions of Sec. 8-1.16.

   G.   Obtain actual elevation (in relation to mean sea level) to which all new and substantially improved structures and utilities have been flood-proofed, in accordance with the provisions of Sec. 8-1.16.

   H.   Obtain actual elevation (in relation to mean sea level) of all public utilities in accordance with the provisions of Sec. 8-1.16.

   I.   When flood-proofing is utilized for a particular structure, obtain certifications from a registered professional engineer or architect in accordance with the provisions of Sec. 8-1.16 and Sec. 8-1.19.B.2.

   J.   Where interpretation is needed as to the exact location of boundaries of the special flood hazard areas, lloodways, or nonencroachment areas (for example, where there appears to be a conflict between a mapped boundary and actual field conditions), make the necessary interpretation. The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in this article.

   K.   When base flood elevation (BFE) data have not been provided in accordance with the provisions of Sec. 8-1.19.B.2, obtain, review, and reasonably utilize any BFE data, along with floodway data or nonencroachment area data available from a federal, state, or other source, including data developed pursuant to Sec. 8-1.19.C.3 in order to administer the provisions of the UDO.

   L.   When base flood elevation (BFE) data are provided but no floodway or nonencroachment area data have been provided in accordance with the provisions of Sec. 8-1.7, obtain, review, and reasonably utilize any floodway data or nonencroachment area data available from a federal, state, or other source in order to administer the provisions of this chapter.

   M.   When the lowest floor and the lowest adjacent grade of a structure or the lowest ground elevation of a parcel in a special flood hazard area are above the base flood elevation (BFE), advise the property owner of the option to apply for a letter of map amendment (LOMA) from FEMA. Maintain a copy of the LOMA issued by FEMA in the floodplain development permit file.

   N.   Permanently maintain all records that pertain to the administration of this chapter and make these records available for public inspection, recognizing that such information may be subject to the Privacy Act of 1974, as amended.

   O.   Make on-site inspections of work in progress. As the work pursuant to a floodplain development permit progresses, the floodplain administrator shall make as many inspections of the work as may be necessary to ensure that the work is being done according to the provisions of the local ordinance and the terms of the permit. In exercising this power, the floodplain administrator has a right, upon presentation of proper credentials, to enter on any premises within the jurisdiction of the community at any reasonable hour for the purposes of inspection or other enforcement action.

   P.   Issue stop-work orders as required. Whenever a building or part thereof is being constructed, reconstructed, altered, or repaired in violation of this chapter, the floodplain administrator may order the work to be immediately stopped. The stop-work order shall be in writing and directed to the person doing or in charge of the work. The stop-work order shall state the specific work to be stopped, the specific reason(s) for the stoppage, and the condition(s) under which the work may be resumed. Violation of a stop-work order constitutes a misdemeanor.

   Q.   Revoke floodplain development permits as required. The floodplain administrator may revoke and require the return of the floodplain development permit by notifying the permit holder in writing stating the reason(s) for the revocation. Permits shall be revoked for any substantial departure from the approved application, plans, and 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. Any floodplain development permit mistakenly issued in violation of an applicable state or local law may also be revoked.

   R.   Make periodic inspections throughout the special flood hazard areas within the jurisdiction of the community. The floodplain administrator and each member of his or her inspections department shall have a right, upon presentation of proper credentials, to enter on any premises within the territorial jurisdiction of the department at any reasonable hour for the purposes of inspection or other enforcement action.

   S.   Follow through with corrective procedures of Sec. 8-1.17.

   T.   Review, provide input, and make recommendations for variance requests.

   U.   Maintain a current map repository to include, but not be limited to, the FIS Report, FIRM and other official flood maps and studies adopted in accordance with the provisions of Sec. 8-1.17 of the UDO, including any revisions thereto including letters of map change, issued by FEMA. Notify state and FEMA of mapping needs.

   V.   Coordinate revisions to FIS reports and FIRMs, including letters of map revision based on fill (LOMR- Fs) and letters of map revision (LOMRs).

(Ord. No. O-21-06-15-5, §1, 6-15-21)

   The City of Marion shall appoint a Watershed Administrator, who shall be duly sworn in. It shall be the duty of the Watershed Administrator to administer and enforce the provisions for watershed management as follows:

   A.   The Watershed Administrator shall issue Watershed Protection Permits and Watershed Protection Occupancy Permits as prescribed herein. A record of all permits shall be kept on file and shall be available for public inspection during regular office hours of the Administrator.

   B.   The Watershed Administrator shall serve as clerk to the Watershed Review Board.

   C.   The Watershed Administrator shall keep records of all amendments to the local Water Supply Watershed Protection Ordinance and shall provide copies of all amendments upon adoption to the Water Quality Section of the Division of Water Quality.

   D.   The Watershed Administrator shall keep records of the jurisdiction's use of the provision that a maximum of ten percent (10%) of the non-critical area of WS-II and WS-III watersheds and, for local governments that do not choose to incorporate the high density option, ten percent (10%) of the protected area of WS-IV watersheds may be developed with new development at a maximum of seventy percent (70%) built-upon surface area. Records for each watershed shall include the total acres of non-critical watershed area, total acres eligible to be developed under this option, total acres approved for this development option, and individual records for each project with the following information: location, number of developed acres, type of land use and stormwater management plan (if applicable).

   E.   The Watershed Administrator is granted the authority to administer and enforce the provisions of this Ordinance, exercising in the fulfillment of his responsibility the full police power of the City of Marion. The Watershed Administrator, or his duly authorized representative, may enter any building, structure, or premises, as provided by law, to perform any duty imposed upon him by this Ordinance.

   F.   The Watershed Administrator shall keep a record of variances to the local Water Supply Watershed Protection Ordinance. This record shall be submitted for each calendar year to the Water Quality Section of the Division of Environmental Management on or before January 1st of the following year and shall provide a description of each project receiving a variance and the reasons for granting the variance.

(Ord. No. O-21-06-15-5, §1, 6-15-21)

   Pursuant to N.C.G.S. 160D-1-9, no city staff member shall make a final decision on an administrative decision required by the UDO if the outcome of that decision would have a direct, substantial, and readily identifiable financial impact on the staff member with whom the staff member has a close familial, business, or other associational relationship. If a staff member has a conflict of interest under this section, the decision shall be assigned to the supervisor of the staff person or such other staff person as may be assigned.

   No staff member shall be financially interested or employed by a business that is financially interested in a development subject to regulation under the UDO unless the staff member is the owner of the land or building involved.

   A member of a board exercising a duty or function under the UDO shall comply with regulations for conflict of interest pursuant to Chapter Two of the Marion City Code of Ordinances.

(Ord. No. O-21-06-15-5, §1, 6-15-21)

   A.   Interpretation by Planning and Development Director. The planning and development director and/or an officer charged with enforcing the UDO is authorized to make interpretations concerning the provisions of the UDO.

   B.   Appeal. Appeals of administrative official interpretations of all other portions of the UDO may be appealed to the board of adjustment in accordance with the appeal procedures of Sec. 3-7.5.

(Ord. No. O-21-06-15-5, §1, 6-15-21)

   The building inspector and other code enforcement official shall have the right to enter public or private property at such reasonable times as may be necessary for the performance of their duties. Should the owner or occupant of any property refuse to permit such reasonable access, such inspector or officer shall proceed to obtain an administrative inspection warrant pursuant to G.S. § 15-27.2. No person shall obstruct, hamper or interfere with any such representative while in the process of carrying out his or her lawful duties.

(Ord. No. O-21-06-15-5, §1, 6-15-21)

   A.   Major Amendments. Except as allowed under minor modifications below, all changes to approved special use permits, subdivision plats, and/or other development approvals are major amendments and shall follow the same process applicable for the original approval.

   B.   Changes to Individual Parcels with Special Use Permit. For special use permit applicable to multiple parcels, the owners of individual parcels may apply for minor modification or major amendment so long as the change would not result in other properties failing to meet the terms of the conditions. Any approved change shall only be applicable to those properties whose owners petitioned for the change.

   C.   Minor Modifications. The subdivision administrator is authorized to review and approve administratively a minor modification to an approved subdivision plat, and the planning and development director is authorized to review and approve administratively a minor modification to an approved special use permit or any other development approval. All minor modifications are subject to the following limitations:

      1.   General Modification.

         a.   Does not involve a change in uses permitted or the density of overall development permitted;

         b.   Does not increase the impacts generated by the development on traffic, stormwater runoff, or similar impacts beyond what was projected for the original development approval; and

         c.   Meets all other ordinance requirements.

      2.   Site Design. Site design minor modifications are limited to adjustments to the terms or design of an approved development plan or plat, including a site plan attached as a condition to a special use permit. In addition to the general limitations for minor modifications, a site design minor modification must:

         a.   Comply with underlying zoning standards and other applicable conditions of approval;

         b.   Be limited to a minor change such as, without limitation, a minor adjustment to road configuration or internal circulation, a minor adjustment to building locations, or a minor adjustment to utility alignment.

      3.   Dimensional Standards. Dimensional standard minor modifications are adjustments to the dimensional standards of the zoning ordinance. Dimensional standards may only be modified upon a finding by the administrator, based on evidence from the permit holder, that the modification is needed to address a site characteristic or technical design consideration not known at the time of initial approval. In addition to the general limitations for minor modifications, dimensional standard minor modifications are limited to:

         a.   An adjustment to parking requirements up to the greater ten (10) percent;

         b.   An adjustment to setback requirements up to the greater than ten (10) percent of the standards setback;

         c.   An adjustment to landscape standards up to twenty (20) percent of required landscaping.

      4.   Appeals and Variances. A decision on minor modifications is an administrative decision and may be appealed to the board of adjustment. An application for a minor modification does not preclude an applicant from seeking a variance from the board of adjustment.

(Ord. No. O-21-06-15-5, §1, 6-15-21)

   A.   Notices of Violation. When staff determines work or activity has been undertaken in violation of a development regulation adopted pursuant to G.S. Chapter 160D or other local development regulation, including specifically the UDO, or any State law delegated to the local government for enforcement purposes in lieu of the State or in violation of the terms of the development approval, a written notice of violation may be issued pursuant to G.S. 160D- 404.

      1.   The notice of violation shall be delivered to the holder of the development approval and to the landowner of the property involved, if the landowner is not the holder of the development approval, by personal delivery, electronic delivery, or first-class mail, and may be provided by similar means to the occupant of the property or the person undertaking the work or activity.

      2.   The notice of violation may be posted on the property.

      3.   The person providing the notice of violation shall certify to the local government that the notice was provided and the certificate shall be deemed conclusive in the absence of fraud.

      4.   Except as provided by G.S. 160D-1123, 160D-1206, or otherwise provided by law, a notice of violation may be appealed to the board of adjustment pursuant to G.S. 160D-405.

   B.   Stop Work Order. Whenever any work or activity subject to regulation pursuant to G.S. 160D 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 work or activity that is in violation or presents such a hazard to be immediately stopped.

      1.   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.

      2.   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.

      3.   The person or persons delivering the stop work order shall certify to the local government that the notice was provided, and the certificate shall be deemed conclusive in the absence of fraud.

      4.   Except as provided by G.S. 160D-1112, 160D-1208, or otherwise provided by law, a notice of violation may be appealed to the board of adjustment pursuant to G.S. 160D-405.

      5.   No further work or activity shall take place in violation of a stop work order pending a ruling on the appeal.

      6.   Violation of a stop work order shall constitute a Class 1 misdemeanor.

   C.   Remedies. In addition to revocation of development as provided for in G.S. 160D-403(f), all development regulation adopted pursuant to authority conferred by G.S. Chapter 160D, including specifically the UDO, may be enforced by any remedy provided in G.S. 160A-175.

   If a building or structure is erected, constructed, reconstructed, altered, repaired, converted, or maintained, or any building, structure, or land is used or developed in violation of G.S. Chapter 160D or any development regulation or other regulation adopted by the City under authority of G.S. Chapter 160D, the City, in addition to other remedies, may institute any appropriate action or proceedings to prevent the unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance, use, or development; to restrain, correct, or abate the violation; to prevent occupancy of the building, structure, or land; or to prevent any illegal act, conduct, business, or use in or about the premises.

(Ord. No. O-21-06-15-5, §1, 6-15-21)