Mount Holly City Zoning Code
CHAPTER 15
ADMINISTRATION, ENFORCEMENT AND PENALTIES
§ 15.1 ZONING ENFORCEMENT OFFICER.
This ordinance shall be administered and enforced by the Zoning Enforcement Officer who shall be appointed by the City Manager. The Zoning Enforcement Officer may appoint agents to act on his or her behalf. If the Zoning Enforcement Officer shall find that any of the provisions of this ordinance are being violated, he or she shall notify the person responsible for such violation, indicating the nature of the violation and ordering the action necessary to correct it. He or she shall order discontinuance of illegal use of land, buildings or structures; removal of illegal buildings or structures or additions; alterations or structural changes thereto; discontinuance of any illegal work being done; or shall take any other action authorized by this ordinance to insure compliance with or to prevent violations of its provisions.
(Ord. passed 5-13-1996)
§ 15.2 ZONING PERMIT.
No land shall be used or occupied and no building hereafter structurally altered, erected or moved shall be used, or its use changed, until a zoning permit shall have been issued by the Zoning Enforcement Officer stating that the building and/or the proposed use thereof complies with the provisions of this ordinance. No building permit shall be issued and no building shall be occupied until that permit is approved. A record of all permits shall be kept on file in the office of the Zoning Enforcement Officer and copies shall be furnished, on request, to any persons having a proprietary or tenancy interest in the building erected. The Zoning Enforcement Officer shall collect such fees for the issuance of zoning permits as are authorized by the fee schedule as adopted by the City Council. The issuance of a valid zoning permit shall confer with it the right to undertake and complete the development and/or use of property under the terms and conditions of such permit; provided that, such action as authorized by the permit is commenced within 180 days of issuance; and, provided that, all other permits are obtained. Otherwise, the permit shall be void.
(A) Application procedure. Each application for a zoning permit shall be accompanied by a plan in duplicate, drawn to scale, one copy of which shall be returned to the owner upon approval. The plan shall show the following:
(1) The shape and dimensions of the lot on which the proposed building or use is to be erected or conducted;
(2) The location of the said lot with respect to adjacent rights-of-way;
(3) The shape, dimensions and location of all buildings, existing and proposed, on the said lot;
(4) The nature of the proposed use of the building or land, including the extent and location of the use, on the said lot;
(5) The location and dimensions of off-street parking and the means of ingress and egress to such space; and
(6) Any other information which the Zoning Enforcement Officer may deem necessary for consideration in enforcing the provisions of this ordinance.
(B) Right of appeal. If the zoning permit is denied, the applicant may appeal the action of the Zoning Enforcement Officer to the Board of Adjustment as provided for herein. Such appeal shall be made within 30 days of such permit denial.
(Ord. passed 5-13-1996)
§ 15.3 ZONING PERMIT WITH VESTED RIGHTS.
(A) General.
(1) Procedure. In any case where the applicant for a zoning permit desires to obtain a vested right, as authorized by G.S. § 160D-108, the applicant shall observe the following procedures.
(a) The applicant shall submit to the Zoning Enforcement Officer a copy of a site specific development plan drawn to scale describing with reasonable certainty the type and intensity of use for the specific parcel or parcels of land.
(b) Such plan shall include:
1. The boundaries of the site;
2. Significant topographical and other natural features affecting the development of the site;
3. The location on the site of the proposed buildings, structures and other improvements;
4. The dimensions, including height, of the proposed buildings and other structures;
5. The location of all existing and proposed infrastructure on the site, including water, sewer, roads and walkways; and
6. Such other information as the Zoning Enforcement Officer may determine to be necessary in order to determine the specifics of the plan.
(2) Public hearing; notice thereof.
(a) Upon receipt of a properly prepared site specific development plan, the Zoning Enforcement Officer shall arrange to bring such plan before the Board of Adjustment in the manner of a public hearing. Completed plans shall be received a minimum of 25 days prior to the public hearing at which the proposed vested rights plan is scheduled to be considered by the Board. Notice of the public hearing shall be given in the same manner as that required for a rezoning request.
(b) In considering an application for a zoning permit with vested rights, the Board of Adjustment shall give due regard that the purpose and intent of this ordinance shall be served, public safety and welfare secured and substantial justice done. If the Board should find, after public hearing, that the proposed permit should not be granted, such proposed permit shall be denied.
(c) In granting such permit, the Board of Adjustment shall make the following affirmative findings:
1. The use requested is among those listed as a permitted or conditional use in the district in which the subject property is located or is to be located and complies with all the requirements of this ordinance and other applicable ordinances;
2. The requested permit is either essential or desirable for the public convenience or welfare;
3. The requested permit will not impair the integrity or character of the surrounding or adjoining districts, and will not be detrimental to the health, safety or welfare of the community; and
4. Adequate utilities, access roads, drainage, sanitation and/or other necessary facilities have been or are being provided.
(d) In granting a zoning permit with vested rights, the Board of Adjustment may impose such additional restrictions and requirements upon such permit as it may deem necessary in order that the purpose and intent of this ordinance are served, public welfare secured and substantial justice done. Approval of a site specific development plan with the condition that a variance, conditional use permit or modification be obtained shall not confer a vested right unless and until the necessary variance, conditional use permit or modification is obtained. If all requirements and conditions are accepted by the applicant, the Board shall authorize the issuance of the permit, otherwise the permit shall be denied. Any permit so authorized shall remain vested for a period of two years from the date of the action granting the permit.
(B) Violations. Any violation of a term or condition involved in the granting of a zoning permit with vested rights shall be treated the same as a violation of this ordinance and shall be subject to the same remedies and penalties as any such violation. In addition, the Board of Adjustment may, after public hearing, revoke any such vested rights for failure to abide by any such term or condition.
(C) Other ordinances apply. The establishment of a vested right shall not preclude the application of overlay zoning which imposes additional requirements but does not affect the allowable type or intensity or use, or ordinances or regulations which are general in nature and are applicable to all property subject to land use regulation, including, but not limited to Building, Fire, Mechanical, Electrical and Plumbing Codes.
(D) Changes or amendments. No change or amendment to any permit with vested rights shall be made, except after public hearing and except as provided for in this ordinance for the original issuance of such permit. If, at the time of consideration of proposed change or amendment to an existing permit, such permit or proposed change or amendment could not be lawfully made under ordinance conditions existing at that time, such proposed change or amendment shall be denied. In addition, in no case shall there be an extension of the two-year time period for which such development right is vested. Nothing herein shall exempt plans related to such permit from subsequent reviews and approvals to ensure compliance with the terms and conditions of the original approval; provided that, such reviews and approvals are not inconsistent with the original approvals.
(E) Status at expiration of term. A right which has been vested shall terminate at the end of the two-year vesting period with respect to buildings and uses for which no valid building permit applications have been filed. Upon issuance of a building permit, the provisions of G.S. §§ 160D-403 and 160D-1115 shall apply; except that, a building permit shall not expire or be revoked because of the running of time while a vested right under this section is outstanding. Any development constructed pursuant to a zoning permit with vested rights for which the vested term has expired and which is not in conformance with all the terms of this ordinance because of changes made in the provisions of this ordinance, including the Zoning Map, after the issuance of such permit shall be subject to the provisions of this ordinance relating to non- conformities the same as any other non-conformity.
(F) Annexation declaration. Any landowner who signs an annexation petition to the city pursuant to G.S. §§ 160A-31 or 160A-58.1 shall, as part of that petition, file a signed statement declaring whether or not vested rights with respect to the property subject to the petition have been established under G.S. § 160D-108. If the statement declares that such rights have been established, the city may require petitioners to provide proof of such rights. A statement which declares that no vested rights have been established by law shall be binding on the landowner and any such vested right shall be terminated.
(Ord. passed 5-13-1996)
§ 15.4 DUTIES OF ZONING ENFORCEMENT OFFICER, BOARD OF ADJUSTMENT, COURTS AND CITY COUNCIL TO MATTERS OF APPEAL.
It is the intention of this ordinance that all questions arising in connection with the enforcement of this ordinance shall be presented first to the Zoning Enforcement Officer and that such questions shall be presented to the Board of Adjustment only on appeal from the Zoning Enforcement Officer; and that, from the decision of the Board of Adjustment, recourse shall be to courts as provided by law. It is further the intention of this ordinance that the duties of the City Council in connection with the ordinance shall not include the hearing and passing upon disputed questions that may arise in connection with the enforcement thereof, but the procedure for determining such questions shall be as herein set out in the ordinance, and that the duties of the City Council in connection with this ordinance shall be only the duty of considering and passing upon any proposed amendment or repeal of the ordinance as provided by law.
(Ord. passed 5-13-1996)
§ 15.5 PENALTIES FOR VIOLATION.
Violations of this ordinance shall subject the violation to the penalties and remedies as set forth in § 10.99 of the Code of the City of Mount Holly.
(Ord. passed 5-13-1996; Ord. passed 11-18-2024)
§ 15.6 MINOR MODIFICATIONS (ADMINISTRATIVE AMENDMENTS).
These are administrative modifications to conditional zoning, special use permits and other development approvals, which must follow standard practices outlined in this ordinance.
(A) Changes to an approved site plan. Except as provided in division (B) below, changes to an approved petition or to the conditions attached to the approved petition shall be treated the same as amendments to these regulations or to the zoning maps and shall be processed in accordance with the procedures in this chapter.
(B) Administrative amendment process.
(1) Application for an administrative amendment. Any request for an administrative amendment shall be pursuant to a written letter, signed by the property owner, to the planning staff detailing the requested change. Upon request, the applicant must provide any additional information that is requested. Accompanying the letter shall be the applicable fee for administrative review.
(2) Authority to approve an administrative amendment.
(a) The Planning Director or designee shall have the delegated authority to approve an administrative amendment change to an approved site plan. The standard for approving or denying such a requested change shall be that the change does not significantly alter the site plan or its conditions and that the change does not have a significant impact upon abutting properties.
(b) Significant changes to an approved site plan that cannot be considered through an administrative amendment include the following:
1. Increasing the number of buildings;
2. Increasing the number of dwelling units more than five units or 10% of the total approved, whichever is less;
3. Adding driveways to thoroughfares;
4. Reducing parking spaces below the minimum standards;
5. Reducing buffers or yards;
6. Moving structures closer to adjacent properties in a residential district or when abutting a residential use;
7. Reducing open space;
8. Changing owner occupied units to rental if noted on the site plan; and
9. Increasing the mass of buildings.
(c) The Planning Director or designee, however, shall always have the discretion to decline to exercise the delegated authority either because the designee is uncertain about approval of the change pursuant to the standard or because a rezoning petition for a public hearing and City Council consideration is deemed appropriate under the circumstances. If the Planning Director or designee declines to exercise this authority, then the applicant can only file a rezoning petition for a public hearing and Council decision.
(C) Staff decision, notifications, appeal process.
(1) Approval where there was a valid protest petition in effect on the original rezoning petition.
(a) If an administrative amendment is approved, and a valid protest petition was filed against the original petition on or after 1-1-2006 (even if it was withdrawn), then the Planning Director or designee shall:
1. Send written notification of the approval to adjacent property owners within 300 feet of the subject parcel (exclusive of rights-of-way);
2. Send written notification of the approval to neighborhood leaders, as listed by the planning department, within one mile of the subject site; and
3. Post a sign on the subject property, indicating that the staff has granted an administrative amendment.
(b) Adjacent property owners within 100 feet (exclusive of rights-of-way) have the right to file an appeal with the Planning Director or designee within 30 days from the date of the written notification. The Zoning Committee of the Planning Commission shall hear the appeal through a quasi-judicial process.
(2) Approval without valid protest petition in effect on the date of the original rezoning decision. If an administrative amendment is approved, adjacent property owners within 100 feet (exclusive of rights-of-way) have the right to file an appeal with the planning director or designee within 30 days of the date the decision was filed, although no notification to adjacent property owners is required.
(3) Denial.
(a) If an administrative amendment is denied, then the Planning Director or designee shall send written notification of the denial to the applicant. The applicant shall have 30 days from the date of the written notification to file an appeal of the decision with the Planning Director or designee.
(b) If the denial is appealed, then the planning staff shall send written notification to adjacent property owners within 300 feet of the subject parcel (exclusive of rights-of-way), notifying them of the appeal.
(c) The Zoning Board shall hear the appeal through a quasi-judicial process.
(D) Zoning Board appeal process.
(1) The Zoning Board of the Planning Commission shall hold a quasi-judicial meeting to hear the appeal. The Zoning Board may affirm, reverse or modify the decision under appeal, making findings of fact and conclusions of law to support its decision.
(2) Appeals of the Zoning Board decision may be made to Superior Court.
(Ord. passed 5-13-1996)