The zoning administrator shall administer and enforce this ordinance, and is hereby given the authority and responsibility to enforce all provisions of this ordinance under the direction of the Mitchell County Board of Commissioners, which includes, but is not limited to, the following duties:

A.

To serve as a liaison between the Mitchell County Planning Commission and the Board of Commissioners keeping each body advised of pending actions pertaining to zoning.

B.

To serve as a nonvoting ex officio member of the planning commission to provide technical assistance in matters relating to zoning requests.

C.

To maintain in a timely and current manner the official zoning maps reflecting thereon any and all rezoning amendments approved by the board of commissioners. The zoning administrator will post amendments of the official zoning map within seven calendar days following approval of such action by the board of commissioners.

D.

To perform any other rezoning duties as directed by the county commission.

The following shall apply in the issuance of any permits:

A.

Permits required. It shall be unlawful for any person to commence excavation for, or construction of, any building structure, or moving of any existing building without first obtaining a building permit from the building inspector. No permit shall be issued for the construction, alteration or remodeling of any building or structure until an application has been submitted in accordance with the provisions of this resolution, showing that the construction proposed is in compliance with the provisions of this ordinance and with the building code.

No plumbing, electrical, drainage or other permit shall be issued until the building inspector has determined that the plans and designated use indicate that the structure and premises, if constructed as planned and proposed, will conform to the provisions of this ordinance.

It shall be unlawful to use or permit the use of land, building or structure for which a building permit is required, and to use or permit to be used, any building or structure hereafter altered, extended, erected, repaired, or moved, until the building inspector has issued a certificate of occupancy stating that the provisions of this ordinance have been complied with.

A.

Certificate validity. The certificate of occupancy as required for new construction of, or renovations to existing buildings and structures, in the building code, shall also constitute certificates of occupancy as required by this ordinance.

B.

Temporary certificates. Temporary certificates of occupancy may be issued for a part of a building or structure prior to the occupation of the entire buildings or structure, provided that such temporary certificate of occupancy shall not remain in force more than six months, nor more than five days after the building or structure is fully completed and ready for occupancy and, provided further, that such portions of the buildings or structure are in conformity with the provisions of this ordinance.

C.

Records of certificates. A record of all certificates of occupancy shall be kept in the office of the zoning administrator and copies of such certificates of occupancy shall be furnished upon request to a person or persons having a proprietary or tenancy interest in the property involved.

D.

Certificates for accessory buildings to dwellings. Accessory buildings or structures to dwellings shall not require a separate certificate of occupancy, but rather may be included in the certificate of occupancy for the principal dwelling, building or structure on the same lot when such accessory buildings or structures are completed at the same time as the principal use.

E.

Application for certificates. Certificates of occupancy shall be applied for coincident with the application for a building permit and shall be issued within ten days after the erection or alteration of such building shall have been completed in conformity with the provisions and requirements of this ordinance. If such certificate is refused for cause, the applicant therefor shall be notified of such refusal and the cause thereof within ten days.

Fees for inspections and the issuance of permits or certificates or copies thereof required or issued under the provisions of this ordinance shall be collected by the zoning administrator in advance of the issuance of such permits or certificates.

The amount of such fees shall be established by the county commission, from time to time, and shall cover the cost of inspection and supervision resulting from the enforcement of this ordinance. The fees shall be deposited with the zoning clerk.

The Mitchell County Commission may amend, supplement or change the regulations or the district boundaries of this ordinance as established herein. The procedure for submitting a request for an amendment to the zoning ordinance or district boundaries of the official zoning map shall be as follows:

A.

The applicant shall complete and submit to the zoning administrator a rezoning application with a site plan no later than the 3rd Monday of each month. Completed applications submitted after the cutoff date will not be considered for that meeting.

B.

At the time of the application submittal, the applicant shall deposit the appropriate fee amount with the zoning administrator to cover the cost of processing the application.

C.

Within ten days of the next scheduled planning commission meeting, the zoning department shall compile all of the rezoning requests for the next scheduled meeting. This agenda shall be provided to all planning commission members, and all other relevant personnel.

(Ord. No. 2021-005, § 1(Exh. A), 4-13-2021)

The following policies and procedures are herein established to provide guidelines for the following zoning activities:

A.

The adoption of a new county zoning ordinance.

B.

The adoption of an amendment of the zoning ordinance that changes the text of the ordinance (text amendment).

C.

The adoption of an amendment to a zoning ordinance (map amendment) that rezones property from one zoning classification to another.

D.

The procedure requirements for zoning amendments sponsored by the Mitchell County Commission.

E.

The procedure requirements for zoning amendments sponsored by a property owner.

A.

In the case of developing an initial zoning ordinance (map and text), or updating or amending an existing zoning plan, the planning commission and the county commission will, where appropriate, utilize any new or existing land use studies, land use plans or other relevant documents as a resource for ordinance development or ordinance amendment. The Mitchell County Commission and the planning commission will each hold at least one public hearing on any new zoning ordinance development or any proposed amendment to the current zoning ordinance.

B.

Upon the completion of a preliminary zoning document(s) by the planning commission and after this draft document has been presented to and reviewed by the county commissioners, public hearings will be scheduled by both the planning commission and the county commission, respectively. The official public hearing will be held by the planning commission, and the public notice will be given no less than 15 days nor more than 45 days prior to the official hearing date.

C.

Public hearing notices will be published within a newspaper of general circulation within Mitchell County. The public hearing notice will state the time, place, and purposes of the hearing.

D.

All amendments to any existing zoning plan must be reviewed by both the planning commission and county commission. However, when the boundary lines of an established zoning district are proposed for change (rezoning) the county commission shall have the planning commission prepare an evaluation of each such proposed rezoning considering each of the following factors:

Rezoning criteria:

1.

Does the proposed zoning classification promote the health, safety, moral or general welfare?

2.

The existing uses of the subject property and uses of adjacent and near properties.

3.

The current zoning of the subject property and adjacent or near properties.

4.

The extent to which property values are diminished by the present zoning restrictions.

5.

The extent to which the restrictions diminishing property values, promotes the health, safety, morals or general welfare of the public.

6.

The relative gain to the public, compared to the extent of hardship imposed upon the individual property owner.

7.

The suitability of the subject property considered under the proposed zoning classification.

8.

The history of the use of the subject property considered in the context of land development in the vicinity of the property.

9.

Conformity with the Mitchell County Comprehensive Plan.

E.

The public hearings will be convened at the advertised time and place and will be presided over by the appropriate officials.

F.

The presider of each respective public hearing will review for those present, the following operating procedures for the public hearing.

1.

Each side of a zoning issue will be allowed a minimum of ten minutes per side for the presentation of data, evidence, and opinions.

2.

In order for a person in attendance to speak, the chair must recognize him/her. Upon rising to speak, the person recognized will first identify himself/herself. The chair may also request that the person furnish a home or business street address, as appropriate.

3.

Additional persons will be recognized per the above procedure for the purpose of addressing additional elements of the proposed zoning or to make additional points with regard to elements already addressed, but not to rehash points already made.

4.

Appropriate notes or minutes will be recorded by the county commission and the planning commission at their respective public hearings.

G.

The planning commission shall prepare and submit the necessary minutes, evaluations and/or recommendations to the county commission prior to the county commission's public hearing.

H.

The county commission at its public hearing will review the evaluation and recommendations from the planning commission and may choose to adopt or reject or modify the planning commission recommendations, or the business may be tabled for additional study to the next regular commission meeting.

A.

An application with a site plan for rezoning must be filed with the zoning administrator on a prescribed form and fees paid as set by the county commission.

B.

The zoning administrator will inform the applicant of the public hearing dates. The planning commission will convene a public hearing on each proposal, the official public hearing will be held by the planning commission and public notice will appear no less than 15 days nor more than 45 days prior to the official public hearing.

C.

Official public notices will be published once in a newspaper of general circulation within Mitchell County 15 days prior to the official public hearing date.

D.

The public hearing notice will name the applicant, the location of property to be affected, the present zoning class, the proposed zoning class and the date, time and place of both the planning commission hearing and the public hearing held by the county commission.

E.

The zoning administrator shall have erected upon the property for which rezoning is to be considered, a sign of no less than 17 inches x 24 inches announcing the public hearings, stipulating the dates, times, and places for the two hearings, the present zoning class and the proposed zoning class. The sign shall be clearly visible from a public street. It shall be erected not less than 15 days nor more than 45 days prior to the planning commissions public hearing date.

F.

Any application for rezoning of a particular parcel of property that is denied by the county commission may not again be considered for rezoning until the expiration of at least six months immediately following the defeat of the rezoning request.