(Ord. passed 4-1993; Am. Ord. passed 6-7-2021)

   (A)   No person shall commence or proceed with construction of any new building or with the reconstruction, alteration, repair, moving or demolition of any existing building prior to the issuance of a zoning certificate. Application for a zoning certificate shall be filed with the Zoning Administrator and may be made prior to or in conjunction with application for a permit under the North Carolina State Building Code. Application for a zoning certificate may be made by the landowner, a lessee or person holding an option or contract to purchase or lease land, or an authorized agent of the landowner. An easement holder may also apply for a zoning certificate as is authorized by the easement. Approval of a zoning certificate runs with the land. Application shall include the following information:

      (1)   A plat of survey drawn from an actual survey made by a professional land surveyor licensed by the North Carolina Board of Examiners for Engineers and Surveyors drawn to a scale of at least one inch to 40 feet (1" = 40'), of the parcel of property showing its actual dimensions and indicating the size, location and distance from property lines of the proposed building, any other existing building(s), and any other improvements proposed to be accomplished, including but not limited to driveways, sidewalks and parking areas.

      (2)   A drawing of the proposed building drawn to scale and in sufficient clarity and detail to indicate the nature and character of the work to be done, and consisting at minimum of a floor plan and elevations of the building (except, however, that the Zoning Administrator may approve minor construction work without compliance with this requirement).

      (3)   A description of the use to which the completed project shall be devoted.

      (4)   Any other information the Zoning Administrator may deem reasonably necessary to evaluate compliance of the applicant's proposal with the provisions of this chapter.

   (B)   The Zoning Administrator shall review each element of the application and if satisfied that the work described therein complies with this chapter, issue a zoning certificate. After a zoning certificate has been issued, no changes or deviations from the terms of the application, plans or permit shall be made until specific written approval has been obtained from the Zoning Administrator. If the Zoning Administrator finds the application to be deficient or the information contained therein to be contrary to the provisions of this chapter, the application for a zoning certificate shall be denied and a written statement setting forth the reasons for the rejection provided to the applicant.

   (C)   A zoning certificate shall expire six months after the date of issuance if the work authorized has not commenced. If after commencement the work is discontinued for a period of 12 months, the certificate shall immediately expire. Upon expiration, the certificate shall become void and no work may be performed until a new certificate has been secured.

   (D)   Consistent with § 153.026, a zoning certificate shall not be issued until the applicant secures a permit under the National Flood Insurance Program.

(Ord. passed 4-1993; Am. Ord. passed 6-7-2021; Am. Ord. passed 10-7-2024)

   (A)    A certificate of compliance shall be secured from the Zoning Administrator before the making of a permanent connection to electrical service, water service or sewer service.

   (B)   If any repairs, improvements or alterations have been performed for which a zoning certificate has been issued, a certificate of compliance shall be secured from the Zoning Administrator within 30 days from the completion thereof.

   (C)   The certificate of compliance shall certify that the Zoning Administrator has inspected the completed improvements and that the improvements, together with the proposed use thereof, are in conformity with the zoning certificate and the provisions of this chapter.

   (D)   A certificate of compliance shall not be issued unless all off-street parking and loading requirements are in place and ready for use.

   (E)   No new building or part thereof, no addition or enlargement of any existing building, and no existing building that has been altered or moved shall be occupied until a certificate of compliance has been issued.

   (F)   The Zoning Administrator may issue a temporary certificate of compliance permitting occupancy of specified portions of an uncompleted building or project for a limited time, not to exceed six months, if the Zoning Administrator finds that the portion of the building or project may safely be occupied prior to the final completion of the entire building or project. The Zoning Administrator may renew the temporary certificate of compliance for additional periods, each period not to exceed six months.

(Ord. passed 4-1993; Am. Ord. passed 6-7-2021)

(Ord. passed 4-1993; Am. Ord. passed 6-7-2021)

(Ord. passed 4-1993; Am. Ord. passed 6-7-2021)

(Ord. passed 4-1993; Am. Ord. passed 6-7-2021)

(Ord. passed 4-1993; Am. Ord. passed 6-7-2021)

   (A)    It is the intent of the Board of Commissioners that all subchapters and sections thereof shall be liberally construed to protect and preserve the health, safety and general welfare of the inhabitants of the Town of Murphy.

   (B)   Should any section or provision of this chapter be declared invalid or unconstitutional by any court of competent jurisdiction, the declaration shall not affect the validity of this chapter as a whole or any part thereof that is not specifically declared to be invalid or unconstitutional.

(Ord. passed 4-1993; Am. Ord. passed 6-7-2021)

   (A)    Per G.S. §160D-107, the Board of Commissioners may adopt temporary moratoria on any Town of Murphy 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 Board of Aldermen 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 an extension of a moratorium so that the total duration is 61days 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-1110 is outstanding, to any project for which a special use application has been accepted under this chapter, to development set forth in a site-specific development plan approved pursuant to G.S. §160D-108.1 and this chapter, 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 of Murphy 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 this chapter 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 division (B) 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 to the appropriate division of the General Court of Justice for an order enjoining the enforcement of the moratorium and the court shall have jurisdiction to issue that order. Actions brought pursuant to this chapter shall be set down for immediate hearing, and subsequent proceedings in those actions shall be accorded priority by the trial and appellate courts. In any such action the town shall have the burden of showing compliance with the procedural requirements of this section.

(Ord. passed 4-1993; Am. Ord. passed 6-7-2021)