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Minnesott Beach City Zoning Code

ADMINISTRATIVE STRUCTURE

§ 151.050 ESTABLISHMENT.

   In accordance with G.S. § 160D-301, a Planning Board is hereby established.
(Ord. passed 2-10-2009, § 3.1; Ord. passed - -2021)

§ 151.051 PURPOSE.

   The purpose of the Board is to advise the Town Commissioners and Mayor on planning and zoning issues to include, but not limited to, establishment or revision of districts; and regulation and restriction of erection, construction, reconstruction, alteration, repair or use of buildings, structures or land in accordance with G.S. §§ 160D-502, 160D-605(b), 160D-703 and 160D-909.
(Ord. passed 2-10-2009, § 3.2; Ord. passed - -2021)

§ 151.052 POWERS AND DUTIES OF PLANNING BOARD.

   Pursuant to G.S. § 160D-301, the Planning Board shall report to the Town Commissioners and shall have the following powers and duties:
   (A)   Make studies of the area within its jurisdiction and surrounding areas;
   (B)   Acquire and maintain in current form basic information and material as are necessary to an understanding of past trends, present conditions and forces at work to cause change in these conditions;
   (C)   Determine objectives to be sought in development of the area;
   (D)   Prepare plans for achieving these objectives and recommend amendment and revision of a comprehensive and coordinated plan for the physical development of the town’s zoning jurisdiction;
   (E)   Develop and recommend to the Town Commissioners policies, ordinances, administrative procedures and other means for promoting orderly development along lines indicated in the comprehensive plan and for carrying out plans in a coordinated and efficient manner;
   (F)   Advise the Town Commissioners concerning the use and amendment of means for carrying out the plans;
   (G)   Exercise any functions in the administration and enforcement of various means for carrying out plans that the Town Commissioners may direct;
   (H)   Keep the Town Commissioners informed and advised as to these matters;
   (I)   Perform any other duties which may lawfully be assigned to it by the Town Commissioners; and
   (J)   The Planning Board may adopt rules and regulations governing its procedures and operations consistent with the provisions of this chapter.
(Ord. passed 2-10-2009, § 3.3; Ord. passed - -2021)

§ 151.053 APPOINTMENT AND TERMS OF PLANNING BOARD MEMBERS.

   (A)   There shall be a Planning Board consisting of seven members appointed by the Town Commissioners.
   (B)   Planning Board members shall serve without pay and at the pleasure of the Town Commissioners for two-year staggered terms. The Town Commissioners shall annually and alternately appoint four and three members to the Board. The provisions of this division are subject to any rights to appointment by the County Board of Commissioners pursuant to G.S. §§ 160D-200, 160D-202 and 160D-903, but only to the extent that the town exercises exterritorial jurisdiction.
   (C)   The term of office shall commence on July 1 and end on June 30, unless appointed to fill a vacancy to complete that respective term of office. If no replacement, the person remains in office until his or her successor is appointed.
   (D)   The Town Commissioners may remove Planning Board members only by taking a public vote. A Board member, who misses three consecutive meetings without being excused by the Board, shall be considered to have resigned membership in the Board. A Planning Board member may willingly resign at any time. The vacancy shall be filled by the Town Commissioners.
(Ord. passed 2-10-2009, § 3.4; Ord. passed - -2021)

§ 151.054 PLANNING BOARD OFFICERS.

   (A)   Town Commissioners shall appoint the Chairperson and Vice-Chairperson and other offices as it may determine.
   (B)   The term of the Chairperson and Vice-Chairperson shall be one year, with eligibility for additional appointments.
   (C)   The Vice-Chairperson shall serve as acting Chairperson in the absence of the Chairperson, and at those times, shall have the same duties and powers as the Chairperson.
(Ord. passed 2-10-2009, § 3.5)

§ 151.055 MEETINGS OF THE PLANNING BOARD.

   (A)   The Planning Board may hold at least one meeting monthly. Special meetings may be called by the Chairperson or at least two members of the Board.
   (B)   A notice shall be posted no less than 48 hours prior to a meeting.
   (C)   Minutes shall be kept of all Board proceedings and shall be made available to the public (except for closed session minutes held pursuant to G.S. § 143-318.11 may be withheld from public inspection as long as public inspection would frustrate the purpose of a closed session). Recorded information shall also include information of attendance, findings, recommendations and actions taken by the Board.
   (D)   All meetings of the Planning Board shall be open to the public.
(Ord. passed 2-10-2009, § 3.6)

§ 151.056 QUORUM AND VOTING.

   (A)   A quorum for the Planning Board shall consist of a majority of the Board membership (excluding vacant seats). A quorum is necessary for the Board to take official action required or authorized by this ordinance.
   (B)   All actions of the Planning Board shall be taken by majority vote, a quorum being present.
   (C)   The Board may adopt bylaws, rules and other procedures not inconsistent with the town’s ordinances and laws of the state.
   (D)   Members of the Planning Board shall not vote on recommendations regarding any zoning map or text amendment where the outcome of the matter under consideration is reasonably likely to have a direct, substantial and readily identifiable financial impact on the member.
(Ord. passed 2-10-2009, § 3.7)

§ 151.070 CREATION; COMPOSITION.

   A Board of Adjustment ("Board") is hereby established pursuant to G.S. §§ 160D-1-9(d), 160D-302, 160D-403(b), 160D-405, 160D-406, 160D-702, 160D-705 and 160D-1405, consisting of the Mayor and Town Commissioners, ex officio.
(Ord. passed 4-14-2015; Ord. passed - -2021)

§ 151.071 MEETINGS; OFFICERS.

   The Mayor shall serve as the Chair of the Board, the Mayor Pro Tem shall serve as the Vice-Chair, and the Town Clerk shall serve as the Secretary to the Board. The Board shall follow its normal rules of procedure, except where different procedures are specifically required by state law or this chapter 151. Meetings of the Board shall be held at the call of the Chair, or in his absence the Vice-Chair, or at least two members of the Board. All meetings of the Board shall be open to the public. The Board shall keep full and accurate minutes of its proceedings.
(Ord. passed 4-14-2015)

§ 151.072 POWERS AND DUTIES.

   The Board shall have the following powers and duties:
   (A)   Administrative review. To hear and decide appeals from and review any order, requirement, decision, or determination made by an administrative official charged with enforcement of this chapter.
   (B)   Interpretation. To interpret the terms of this chapter and zoning maps and to pass upon disputed questions of lot lines or district boundary lines and similar questions as they arise in the administration of this chapter.
   (C)   Conditional use and special use permits. To hear and decide special use permits in accordance with standards and procedures specified in this chapter. Reasonable and appropriate conditions may be imposed upon these permits. Conditions may not be imposed on special use permits that the town does not otherwise have statutory authority to impose.
   (D)   Subpoena. The Chair, or in the Chair's absence anyone acting as the Chair, may subpoena witnesses and compel the production of evidence. To request issuance of a subpoena, persons 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 appealed to the full Board. If a person fails or refuses to obey a subpoena issued pursuant to this section, 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 issue these orders after notice to all proper parties the court shall have jurisdiction to issue these orders after notice to all proper parties.
   (E)   Oath. The Chair of the Board, or any member acting as chair, and the Clerk to the Board are authorized to administer oaths to witnesses in any matter coming before the Board. Any person willfully swears falsely is guilty of who, while under oath during a proceeding before the Board, willfully swears falsely is guilty of a Class 1 misdemeanor.
   (F)   Variance; in general. When unnecessary hardships would result from carrying out the strict letter of the UDO, the Board may vary any of the provisions of the UDO upon a showing of all of the following:
      (1)   Unnecessary hardship would result from the strict application of the UDO. 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.
      (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 UDO, such that public safety is secured, and substantial justice is achieved. Provided, however, 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.
   (G)   Variance; Federal Fair Housing Act. Notwithstanding the provisions of division (F) above, the Board may provide for a variance under the Federal Fair Housing Act upon the following:
      (1)   Application requirements; determination of completeness.
         (a)   Persons authorized to file applications. An application for a reasonable accommodation may be filed only by the owner of the land affected by the reasonable accommodation; an agent, lessee, or contract purchaser specifically authorized by the owner to file such application; or any unit of government that is not the owner of the lot but proposes to acquire the lot by purchase, gift, or condemnation.
         (b)   Pre-application conference. Before filing an application for a reasonable accommodation, the applicant may request a pre-application conference with the Zoning Administrator.
         (c)   Application filing. An application for a reasonable accommodation shall be filed with the Zoning Administrator. No filing fee is required for such application. Once the application is complete, the Zoning Administrator shall schedule the application for consideration at a hearing before the Board, and shall transmit to the Board all applications and other records pertaining to such reasonable accommodation prior to the hearing on the application.
      (2)   Approval criteria. The Board shall grant a reasonable accommodation to any provision of the UDO if it finds by a greater weight of the evidence that the proposed reasonable accommodation is determined to be both reasonable and necessary, in accordance with the following:
         (a)   Reasonable. An accommodation will be determined to be reasonable if it would not undermine the legitimate purposes and effects of existing planning regulations, and if it will not impose significant financial and administrative burdens upon the town and/or constitute a substantial or fundamental alteration of the UDO's provisions; and
         (b)   Necessary. An accommodation will be determined to be necessary if it would provide direct or meaningful therapeutic amelioration of the effects of the particular disability or handicap, and would afford an equal opportunity to enjoy and use housing in residential areas in the town.
      (3)   Effect of approval or denial.
         (a)   After the Board approves a reasonable accommodation, the applicant shall follow the normal procedures set forth in the UDO, and any other applicable ordinance, for approval of any permits, certificates, and other approvals required in order to proceed with development or use of the property. All orders, decisions, determinations, and interpretations made by administrative officers under those procedures shall be consistent with the reasonable accommodation granted by the Board.
         (b)   The Board shall refuse to hear a reasonable accommodation request that has been previously denied, unless it finds that there have been substantial changes in the conditions or circumstances relating to the matter.
      (4)   Lapse. Failure of an applicant to apply for a building permit or any other required development permit, and commence uninterrupted construction or action with regard to a variance granted hereunder within one year of receiving approval of the reasonable accommodation shall automatically render the variance null and void.
   (H)   Decision. As used in this chapter, the term "decision" includes any final and binding order, requirement, or determination for special use permits. The Board shall follow quasi-judicial procedures when deciding appeals and requests for variances and special use permits. The Board shall hear and decide all matters upon which it is required to pass under any statute or this subchapter.
(Ord. passed 4-14-2015; Ord. passed - -2021; Ord. passed 7-6-2022, §§ 2.7, 2.8; Ord. passed 2024)

§ 151.073 NOTICE OF HEARING, TRANSMISSION OF ADMINISTRATIVE MATERIALS.

   (A)   Notice of hearings conducted pursuant to this chapter shall be mailed, return receipt requested, 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; to property owners whose property may be substantially impacted by the requested use or variance, and to any other persons entitled to receive notice as provided by the zoning or unified development ordinance. For this section, properties are "abutting" even if separated by a street, railroad, or other transportation corridor. In the absence of evidence to the contrary, the town 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 town 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.
   (B)   The administrator or staff to the Board 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 appellant or applicant and to the landowner if that person is not the appellant or 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.
(Ord. passed 4-14-2015; Ord. passed 7-6-2022, § 2.9; Ord. passed 2024)

§ 151.074 VOTING.

   (A)   The concurring vote of four-fifths of the Board shall be necessary to grant a variance. A majority of the members shall be required to decide any other quasi-judicial matter or to determine an appeal made in the nature of certiorari. For all other matters, a majority of the members shall be required. For the purposes of this section, 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 if there are no qualified alternates available to take the place of such members. Abstentions by a member not otherwise excused from voting shall be counted as a vote in favor of any motion or action, except for votes taken under G.S. § 160D-601.
   (B)   A member of the Board 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 member's participation and that member does not recuse himself or herself, the remaining members shall by majority vote rule on the objection.
   (C)   The Board may reverse or affirm, wholly or in part, or may modify the order, requirement, decision, or determination appealed from, and shall make any order, requirement, decision, or determination that in its opinion ought to be made.
(Ord. passed 4-14-2015; Ord. passed 7-6-2022, 2.10)

§ 151.075 QUASI-JUDICIAL PROCEDURE AND DECISIONS; JUDICIAL REVIEW.

   (A)   The applicant, the town, and any person who would have standing to appeal the Board's decision under G.S. § 160D-1402(c) shall have the right to participate as a party at the evidentiary hearing. Other witnesses may present competent, material and substantial evidence that is not repetitive as allowed by the Board. 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.
   (B)   The Board shall determine contested facts and make its decision within a reasonable time. When hearing an appeal, the Board 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 the powers of the official who made the decision. 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, reflect the Board's determination of contested facts and their application to the applicable standards, and be approved by the Board and 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 this chapter specifies. The decision of the Board shall be delivered within a reasonable time by personal delivery, electronic mail, or first-class mail to the applicant, landowner, and 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 town that proper notice has been made, and the certificate shall be deemed conclusive in the absence of fraud.
   (C)   Every quasi-judicial decision shall be subject to review by the Pamlico County Superior Court by proceedings in the nature of certiorari pursuant to G.S. § 160D-1402. A petition for review shall be filed with the Clerk of Pamlico County Superior Court by the later of 30 days after the decision is effective or after delivery of the written decision of the Board pursuant to § 151.075(B). When first-class mail is used to deliver notice, three days shall be added to the time to file the petition.
(Ord. passed 4-14-2015; Ord. passed - -2021; Ord. passed 7-6-2022, 2.11)

§ 151.076 APPEALS.

   The Board shall hear and decide appeals from decisions of administrative officials charged with enforcement of this subchapter, pursuant to all of the following:
   (A)   Any person who has standing under G.S. §§ 160D-1-02 and 160D-1402 or the town may appeal a decision to the Board. An appeal is taken by filing a notice of appeal with the Town Clerk and payment of any applicable fees adopted by the Town. 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 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 decision within which to file an appeal.
   (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" 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 the 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 posting 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 official who made the decision shall transmit to the Board all documents and exhibits constituting the record upon which the action appealed from is taken. The official shall also provide a copy of the record to the appellant and to the owner of the property that is the subject of the appeal if the appellant is not the owner.
   (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 during the pendency of the appeal to the Board and any subsequent appeal in accordance with G.S. § 160D-1402 or during the pendency of any civil proceeding authorized by law or appeals therefrom, 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 this subchapter. 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 of Adjustment shall meet to hear the appeal within 15 days after such a request is filed. Notwithstanding the foregoing, appeals of decisions granting a permit or otherwise affirming that a proposed use of property is consistent with this subchapter shall not stay the further review of an application for permits or permissions to use such property; in these situations the appellant may request and the Board may grant a stay of a final decision of permit applications or building permits affected by the issue being appealed.
   (G)   Subject to the provisions of division (F) of this section, the Board shall hear and decide the appeal within a reasonable time.
   (H)   The official who made the decision, or his or her successor if the official is no longer employed by the town, 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 town would be unduly prejudiced by the presentation of matters not presented in the notice of appeal, the Board shall continue the hearing. The Board 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 the powers of the official who made the decision.
   (I)   When hearing an appeal in the nature of certiorari, the hearing shall be based on the record as defined by G.S. § 160D-1402(h) 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 chapter may agree to mediation or other forms of alternative dispute resolution.
(Ord. passed 4-14-2015; Ord. passed - -2021; Ord. passed 7-6-2022, § 2.12; Ord. passed 2024)

§ 151.077 ADDITIONAL REMEDIES.

   In addition to any other penalties and remedies allowed under the town's code of ordinances, if a building or structure is erected, constructed, reconstructed, altered, repaired, converted, or maintained, or any building, structure or land is used in violation of this subchapter, the town, in addition to other remedies, may institute any appropriate action or proceedings to prevent the unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance or use, 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. passed 4-14-2015)

§ 151.090 INTENT.

   (A)   It is the intent of this ordinance that all questions of interpretation and enforcement shall be first presented to the Zoning Administrator. If his or her decisions are questioned, the aggrieved party may appeal to the Board of Adjustment and that recourse from the decisions of the Board of Adjustment shall be to the courts as provided by law.
   (B)   It is further the intent of this ordinance that the duties of the Town Commissioners in connection with this ordinance shall be to:
      (1)   Consider and adopt or reject proposed amendments or the repeal of this ordinance; and
      (2)   Establish a schedule of fees and charges as stated in this ordinance.
(Ord. passed 2-10-2009, § 3.14)

§ 151.091 ZONING ADMINISTRATOR.

   The Zoning Administrator is appointed by the Town Commissioners and is hereby authorized, and it shall be his or her duty, to enforce and administer the provisions of this ordinance.
(Ord. passed 2-10-2009, § 3.15; Ord. passed 2024)

§ 151.092 ENFORCEMENT POWERS OF THE ZONING ADMINISTRATOR.

   The Zoning Administrator may provide for the enforcement of this ordinance by means of withholding zoning permits, by instituting injunction, mandamus or other appropriate action or proceeding to prevent unlawful erection, construction, reconstruction, alteration, conversion, moving, maintenance or use; to correct or abate a violation; or to prevent the occupancy of the building, structure or land.
(Ord. passed 2-10-2009, § 3.16)

§ 151.093 ZONING PERMIT REQUIRED.

   Neither building, sign, nor other structure shall be erected, moved, extended or enlarged, or structurally altered, nor shall any excavation or filling of any lot for the construction of any building be commenced until the Zoning Administrator approves a permit in accordance with the requirements of this ordinance.
(Ord. passed 2-10-2009, § 3.17)

§ 151.094 APPLICATION FOR ZONING PERMIT.

   (A)   Each application to the Zoning Administrator for a permit shall be accompanied by plot plans in duplicate showing:
      (1)   The actual dimensions of the lot to be built upon;
      (2)   The size of the building to be erected;
      (3)   The location of the building on the lot with required setbacks indicated;
      (4)   The location of existing structures on the lot, if any;
      (5)   The number of dwelling, commercial or industrial units the building is designed to accommodate;
      (6)   The setback lines of buildings on adjoining lots;
      (7)   The location of any required parking areas;
      (8)   Other information as may be essential for determining whether the provisions of this ordinance are being observed; and
      (9)   Any changes to the submitted building plans affecting items in this ordinance shall be resubmitted to the Zoning Administrator for approval.
   (B)   Any building permit issued shall become invalid unless the work authorized by it shall have been commenced within six months of its date of issuance or if the work authorized by it is suspended or abandoned for a period of one year. No work authorized by any building permit that has expired shall be performed until a new permit has been secured.
(Ord. passed 2-10-2009, § 3.18; Ord. passed 7-6-2022, § 2.13; Ord. passed 2024)

§ 151.095 REMEDIES.

   In case any building is erected, constructed, reconstructed, altered, repaired, converted or maintained, or any building or land is used in violation of this ordinance, the Zoning Administrator, or any other appropriate town authority, or any person who would be damaged by the violation, in addition to other remedies may institute an action for injunction, or mandamus or other appropriate action or proceeding to prevent the violation.
(Ord. passed 2-10-2009, § 3.20)

§ 151.096 COMPLAINTS REGARDING VIOLATIONS.

   When a violation of this ordinance occurs, or is alleged to have occurred, any person may file a written complaint. The complaint shall state fully the cause and basis thereof and shall be filed with the Zoning Administrator. He or she shall record properly the complaint, investigate within ten days and take action thereon as provided in these regulations.
(Ord. passed 2-10-2009, § 3.21)

§ 151.097 CANCELLATION OF PERMITS.

   (A)   The Zoning Administrator shall cancel a zoning permit when the method of moving, construction or use violates any provisions contained in these regulations or any state or local ordinance or resolution. Upon the cancellation, any further work upon the moving, construction, alteration or repair of the building or structure, or further use of the building, structure or land shall be deemed a violation.
   (B)   Each and every day the unlawful moving, construction, alteration or repair of the building or structure, or further use of the building, structure or land continues shall be deemed a separate offense. The Zoning Administrator shall advise the violator of the cancellation of a zoning permit in writing.
(Ord. passed 2-10-2009, § 3.22)