(a)

The town council shall provide for the manner in which the provisions of this chapter and the flood control chapter shall be determined, established and enforced, and amended, supplemented or changed.

(b)

A "board" within the context of this chapter or the flood control chapter shall mean any board, commission, or agency empowered therein.

(c)

No staff member shall make a final decision on an administrative decision required by this Chapter if the outcome of that decision would have a direct, substantial, and readily identifiable financial impact on the staff member or if the applicant or other person subject to that decision is a person 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 designated by the development regulation or other ordinance.

(Ord. of 1-6-2000, § 9-1.1; Ord. No. O-2021-13, § 1, 7-1-2021)

(a)

Rezoning, variance, approved waiver, certificate of appropriateness for a major work, or watershed modification. Whenever there is a request for a zoning map amendment, special use permit, variance, certificate of appropriateness for a major work, watershed map amendment, watershed modification, or an approved waiver involving a parcel of land, the owner of that parcel of land as shown on the county tax listing, and the owners of all parcels of land within 500 feet of that parcel of land as shown on the county tax listing, shall be mailed a notice of the proposed request or approved waiver.

(1)

Notice shall be by first class mail to the last addresses listed for such owners on the county tax abstracts.

(2)

The person or persons mailing such notices shall certify to the town council that proper notice has been given and such certification shall be deemed conclusive in the absence of fraud.

(3)

In the case of comprehensive rezoning of all property within the jurisdiction, notice shall be mailed as required by G.S. 160D-602.

(4)

Notice of such proposed action shall be published in a newspaper of general circulation in accordance with state statutes, the first notice shall be published no more than 25 days nor less than 10 days ahead of the public hearing and s notice in a successive calendar week.

(5)

Notice of such proposed action shall also be published on the town's website.

(6)

When a zoning map amendment is proposed, notice shall be prominently posted on the site proposed for the amendment or on an adjacent public street or highway right-of-way. The notice shall be posted within the same time period specified for mailed and published notices of the hearing. When multiple parcels are included within a proposed zoning map amendment, a posting on each individual parcel is not required but the notice shall be posted sufficiently to provide reasonable notice to interested persons.

(b)

Text amendment and appeal. Whenever there is a request for an action involving a text amendment to this chapter or an appeal of an interpretation of this chapter, a notice of such proposed action shall be published in a newspaper of general circulation in accordance with state statutes and published on the town's website.

(c)

Board approval of subdivision or site plan. Whenever there is a request for an action involving a subdivision or site plan requiring a board approval under this chapter; the meeting of the designated board shall have an agenda duly posted in accordance with state open meetings statutes.

(Ord. of 1-6-2000, § 9-1.2; Ord. of 2-5-2009; Ord. of 6-2-2016(1); Ord. No. O-2021-13, § 1, 7-1-2021)

(a)

No person shall commence or proceed with development without first securing any required development approval from the town. A development approval shall be in writing and may contain a provision requiring the development to comply with all applicable state and local laws. A local government may issue development approvals in print or electronic form. Any development approval issued exclusively in electronic form shall be protected from further editing once issued. Applications for development approvals 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

(b)

Unless provided otherwise by law, all rights, privileges, benefits, burdens, and obligations created by development approvals made pursuant to this Chapter attach to and run with the land.

(c)

No amendment to zoning regulations or a zoning map that down-zones property shall be initiated nor is it enforceable without the written consent of all property owners whose property is the subject of the down-zoning amendment, unless the down-zoning amendment is initiated by the local government. For purposes of this section, "down-zoning" means a zoning ordinance that affects an area of land in one of the following ways:

(1)

By decreasing the development density of the land to be less dense than was allowed under its previous usage.

(2)

By reducing the permitted uses of the land that are specified in a zoning ordinance or land development regulation to fewer uses than were allowed under its previous usage.

(Ord. No. O-2021-13, § 1, 7-1-2021)

The town council shall appoint enforcement officers to administer and enforce the provisions of this chapter. The enforcement officer may be provided with such agents to assist in the administration and enforcement as the town council directs.

(Ord. of 1-6-2000, § 9-5.1)

The enforcement officer shall:

(1)

Establish and publish application procedures for permits, appeals, and actions pursuant to this chapter and forms implementing the same;

(2)

Issue permits and certificates pursuant to this chapter;

(3)

Review, recommend, or approve pursuant to the authority granted in this chapter, all development plans and permits to assure that the permit requirements of this chapter have been satisfied;

(4)

Interpret the applicability of the provisions of this chapter in matters where the text does not clearly provide guidance;

(5)

Maintain all records pertaining to the provisions of this chapter in his office and make said records open for public inspection;

(6)

Periodically inspect properties and activities for which permits have been issued to determine whether the use is being conducted in accordance with the provisions of this chapter;

(7)

Cause to be investigated violations of this chapter;

(8)

Enforce the provisions of this chapter;

(9)

Issue notice of corrective action when required;

(10)

Use the remedies provided in this chapter to gain compliance;

(11)

Be authorized to gather evidence in support of said activities;

(12)

Receive appeals and forward cases to the appropriate body; and

(13)

Perform other duties as may be assigned by the town council.

(Ord. of 1-6-2000, § 9-5.2; Ord. of 3-1-2017)

An enforcement officer, hereinafter referred to as the "floodplain administrator", is hereby appointed to administer and implement the provisions of this chapter. The floodplain administrator shall perform, but not be limited to, the following duties:

(1)

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

(2)

Advise permittee that additional federal or state permits (wetlands, endangered species, erosion and sedimentation control, riparian buffers, mining, etc.) may be required, and require that copies of such permits be provided and maintained on file with the floodplain development permit.

(3)

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).

(4)

Assure that maintenance is provided within the altered or relocated portion of said watercourse so that the flood-carrying capacity is not diminished.

(5)

Prevent encroachments into floodways and non-encroachment areas unless the certification and flood hazard reduction provisions of section 30-1399 are met.

(6)

Obtain actual elevation (in relation to mean sea level) of the reference level (including basement) and all attendant utilities of all new or substantially improved structures in accordance with section 30-297(d). Obtain actual elevation (in relation to mean sea level) to which all new and substantially improved structures and utilities have been floodproofed, in accordance with section 30-297(d).

(8)

Obtain actual elevation (in relation to mean sea level) of all public utilities in accordance with section 30-297(d).

(9)

When floodproofing is utilized for a particular structure, obtain certifications from a registered professional engineer or architect in accordance with sections 30-297(d) and 30-1397(b)(2).

(10)

Where interpretation is needed as to the exact location of boundaries of the special flood hazard 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.

(11)

When base flood elevation (BFE) data has not been provided in accordance with section 30-1367(b), obtain, review, and reasonably utilize any base flood elevation (BFE) data, along with floodway data or non-encroachment area data available from a federal, state, or other source, including data developed pursuant to section 30-1398(b)(2), in order to administer the provisions of this ordinance.

(12)

When base flood elevation (BFE) data is provided but no floodway nor non-encroachment area data has been provided in accordance with section 30-1367(b), obtain, review, and reasonably utilize any floodway data or non-encroachment area data available from a federal, state, or other source in order to administer the provisions of this ordinance.

(13)

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

(14)

Permanently maintain all records that pertain to the administration of this ordinance and make these records available for public inspection.

(15)

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.

(16)

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 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.

(17)

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, or 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.

(18)

Make periodic inspections throughout all 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.

(19)

Follow through with corrective procedures of section 30-255.

(20)

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

(21)

Maintain a current map repository to include, but not limited to, the FIS Report, FIRM and other official flood maps and studies adopted in accordance with section 30-1367(b) of this ordinance, including any revisions thereto including letters of map change, issued by FEMA. Notify State and FEMA of mapping needs.

(22)

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

(Ord. of 1-6-2000, § 9-5.3; Ord. of 6-7-2007, § 9-7.3)

The enforcement officer shall also administer and enforce the "Airport Zoning Regulations of the Greensboro-High Point Airport" adopted by the Greensboro-High Point Airport Authority on April 15, 1958, as the same may from time to time be amended, in connection with the enforcement of this chapter; provided, however, that this chapter shall not limit the effectiveness or scope of such airport zoning regulations. The enforcement officer shall not issue a building permit or certificate of occupancy for any building not in conformity with the provisions of the "Airport Zoning Regulations of the Greensboro-High Point Airport," except upon written order of the board of airport zoning appeals.

(Ord. of 1-6-2000, § 9-5.4)

If the enforcement officer finds that any dimensional requirement in this chapter has not been specifically adhered to, but that such deviation was a result of a good faith error and that said error would not adversely impact an adjoining property, he may permit a dimension deviation up to and including one foot. Only one dimension deviation per building may be allowed.

(Ord. of 1-6-2000, § 9-5.5)

Subject to a certificate of appropriateness, the enforcement officer may issue permits for the reconstruction, rehabilitation or restoration of structures listed on the National Register of Historic Places, local historic district or the state inventory of historic places under the conditions set forth in section 30-590.

(Ord. of 1-6-2000, § 9-5.6)

The stormwater administrator shall have the following powers and duties under this chapter:

(1)

To review and approve, approve with conditions exhibiting equal performance within acceptable engineering and construction standards, or disapprove submittals for approval of watershed protection/stormwater management plans pursuant to the development ordinance.

(2)

To make determinations and render written interpretations, which shall be documented and kept on file for public reference, of the watershed protection/stormwater management section of the development ordinance.

(3)

To establish submittal requirements and schedules for review of plans for watershed protection/stormwater management development or redevelopment approval, appeals, modifications, and to review and make recommendations to the town council on appeals and modifications.

(4)

To enforce the provisions of the watershed protection/stormwater management section of the development ordinance.

(5)

To maintain records, maps, and official materials as they relate to the adoption, amendment, enforcement, or administration of this chapter.

(6)

To provide expertise and technical assistance to the governing body or appellate board upon request.

(7)

To designate appropriate other qualified person(s) who shall carry out the powers and duties of the stormwater administrator.

(Ord. of 8-2-2007, § 9-6.4)

Unless as otherwise provided, appeals to decisions, actions, orders, or interpretations of this chapter shall be:

(1)

In writing;

(2)

Filed within 30 days from receipt from any source of actual or constructive notice of the determination being appealed; and

(3)

Filed with the secretary of the board or commission to which the appeal is taken.

(Ord. of 1-6-2000, § 9-7.1; Ord. No. O-2021-13, § 1, 7-1-2021)

Unless otherwise provided, an appeal from a decision of an enforcement officer with regard to an erosion control plan or a watershed development plan is to the planning and zoning board.

(Ord. of 1-6-2000, § 9-7.2)

(a)

Unless otherwise provided in this chapter, an appeal from a decision of an administrative officer charged with enforcement of this chapter, a floodplain boundary, or a zoning boundary, shall be to the board of adjustment.

(b)

Unless otherwise provided in this chapter, an appeal from an address assignment shall be to the board of adjustment.

(c)

Appeal from a decision of the historic preservation commission with regard to a certificate of appropriateness shall be to the board of adjustment in the nature of certiorari.

(Ord. of 1-6-2000, § 9-7.3; O-2013-10, § 1, 9-5-2013)

Except as otherwise provided, an appeal from a decision of the town council or the board of adjustment is to a court of competent jurisdiction.

(Ord. of 1-6-2000, § 9-7.4)

(a)

Procedure.

(1)

Written appeal. The disapproval or modification of any proposed soil erosion and sedimentation control plan by the enforcement officer, shall entitle the person submitting the plan to a public hearing if such person submits written demand for a hearing within 15 days after receipt of written notice of disapproval or modifications.

(2)

Timing. A hearing held pursuant to this section shall be conducted by the planning and zoning board, within 30 days or at the next scheduled meeting, after the date of the appeal or request for a hearing.

(3)

Recommendation. The planning and zoning board shall conduct a hearing and shall make a recommendation to the town council, within 30 days after the date of the hearing on any soil erosion and sedimentation control plan.

(4)

Public hearing. The town council will render its final decision on any soil erosion and sedimentation control plan upon which a hearing is requested within 15 days after receipt of the recommendations from the planning and zoning board.

(5)

Appeal of town council denial. If the town council upholds the disapproval or modification of a proposed soil erosion and sedimentation control plan following the hearing, the person submitting the plan shall then be entitled to appeal the town council's decision to the state sedimentation control commission as provided in G.S. 113A-61(c) and Title 15 NCAC 4B.0018(b).

(b)

Direct appeal to sedimentation control commission. In the event that a soil erosion and sedimentation control plan is disapproved pursuant to section 30-1336(m) of this chapter, the jurisdiction shall notify the director of the division of land resources of such disapproval within ten days. The jurisdiction shall advise the applicant and the director in writing as to the specific reasons that the plan was disapproved. The applicant may appeal the jurisdiction's disapproval of the plan directly to the state sedimentation control commission.

(Ord. of 1-6-2000, § 9-7.5)