(A)    The Planning Director or their designee shall administer this chapter.

   (B)   The Planning Director or their designee shall enforce this chapter. They may be provided with assistance of such other persons as the County Commissioners may direct.

   (C)   Should an on-site inspection be required in order to verify a violation, the Enforcement Officer must enter the premises during reasonable hours and upon presenting credentials. In addition, the Officer must have the consent of a premises owner or an administrative search warrant to inspect areas not open to the public.

   (D)   If the Enforcement Officer shall find that any of the provisions of this chapter are being violated, they shall notify in writing the property owner and permittee (if applicable) indicating the nature of the violation and ordering the action necessary to correct it. The notice of violation shall be delivered by hand, email, or first-class mail and may also be posted on the county's website or the property where the violation is located. In addition, the NOV shall order discontinuance of illegal use of land, buildings, or structures; removal of illegal buildings or structures or of additions, alterations, or structural changes thereto; discontinuance of any illegal work being done; or shall take other action authorized by this chapter to insure compliance with or to prevent violation of its provisions. The Enforcement Officer providing the notice of violation shall certify to the file that the notice was provided as required.

   (E)   The owner, tenant, or occupant of any building or land or part thereof and any architect, builder, contractor, agent or other person who participates in, assists, directs, creates, or maintains any situation that is contrary to the requirements of this chapter may be held responsible for the violation and suffer the penalties and be subject to the remedies herein provided.

   (F)   If a development approval is revoked due to noncompliance, the revocation must follow the same process as was used for the approval.

(Ord. passed 6-21-2021)

   (A)   A Technical Review Committee (TRC) shall be established to assist the staff, Planning Board and the Board of Commissioners in the review of site development plans. The purpose of the TRC is to review, comment and make recommendations regarding the technical aspects of all major site plans and subdivision plats.

   (B)   Membership of the TRC shall be composed of, but not limited to, representatives from the Planning and Inspections Department, Water Department, Fire Marshal's office, CAMA, NCDOT, Elizabeth City-Pasquotank School System, Sheriff's Department, Environmental Health Department, Emergency Medical Services, Soil and Water Conservation, and area utility providers.

   (C)   The Planning Director, or his designated representative, shall serve as chair of the TRC. The Chair shall be responsible for all proceedings and decisions made by the TRC.

   (D)   The TRC shall establish a regular meeting schedule and shall meet frequently enough so that it can take action in conforming with the review procedures delineated in this chapter.

(Ord. passed 6-21-2021)

   (A)   No zoning certificate or building permit shall be issued until a site plan has been approved for the development. A site plan shall not be required if an adequate site plan is already on file, there is no change in the parking requirements, or there is no increase in impervious surface area.

    (B)   Additions to existing buildings that exceed 10% of the gross floor area of the building or require an additional five or more parking spaces shall be approved by the Zoning Administrator upon recommendation of the Technical Review Committee.

   (C)   Site plans that require approval from the Technical Review Committee, must be submitted at least 21 days prior to the regular Technical Review Committee meeting.

   (D)   If a site plan is granted conditional approval by the Technical Review Committee, the applicant shall revise and resubmit the site plan. The Zoning Administrator shall review the revised site plan and, if it meets all the approval conditions and is otherwise substantially unaltered, shall signify on the plan the approval. If the site plan is not revised within 60 days to meet the approval conditions, or the applicant notifies the Zoning Administrator that he is unwilling to revise the site plan, it shall be deemed denied.

   (E)   Copies of all required state permits must be submitted to the Zoning Administrator prior to the approval of a site plan.

(Ord. passed 6-21-2021)

   (A)   No building or structure or any part thereof designed or intended to be used for other than bona fide farm or agricultural purposes shall be erected or repaired until a zoning certificate or certificate of occupancy therefore has been issued by the Enforcement Officer.

   (B)   Each application for a zoning certificate or building permit shall be accompanied by a plat, showing accurate dimensions of the lot to be built upon, accurate dimension of the building to be erected, its location on the lot, and such other information as may be necessary to provide for the enforcement of this chapter such as evidence of the County Sanitarian's approval of the sewage disposal system. A careful record of such applications and plats, together with a record of the action taken thereon shall be kept in the Office of the Pasquotank County Planning & Inspections. An application fee established by the County Commissioners shall be paid to the county to cover necessary administrative costs.

   (C)   No permit for excavation for or erection of any building or part of a building, or for repairs to or alteration of a building, or the relocation of a building from the lot on which it is situated shall be issued until after a statement of its intended use has been filed by the applicant.

(Ord. passed 6-21-2021)

   After the adoption of this chapter no new uses other than bona fide farms shall be established unless a building permit is applied for and issued by the Building Inspector. No permit shall be issued except in conformity with the provisions of this chapter except after written order from the Board of Adjustment.

(Ord. passed 6-21-2021)

    No land shall be used or occupied, except for bona fide farm purposes, and no building or structure erected, altered, used or changed in use for other than farm purposes until a certificate of occupancy/compliance shall have been issued by the Enforcement Officer stating that the building and/or the proposed use has been determined to be in compliance with the provisions of this chapter. A like certificate shall be issued for the purpose of changing any existing use, as well as for maintaining, renewing, changing, or extending any nonconforming use. A certificate of occupancy/compliance for the whole or part of a building, shall be applied for prior to occupancy and shall be issued within five days after the erection of alterations of such building or part shall have been found in compliance with the provisions of this chapter and other applicable codes and ordinances. A record of all such certificates shall be kept on file in the Office of the Pasquotank County Planning & Inspections and shall be furnished on request, to any person having a proprietary or tenancy interest in the building or land.

(Ord. passed 6-21-2021)

    Prior to issuance of any initial zoning permit, zoning change permit, or special use permit, the zoning enforcement officer and local AEC Permit Officer in consultation with the State AEC Field Consultant, shall determine whether the proposed use or structure is located within an area of environmental concern. this determination shall result from an on-site investigation. if the proposed use or structure is located in an area of environmental concern, the Zoning Enforcement Officer and local AEC Permit Officer shall certify that the proposed use or structure complies with development standards of the State Guidelines for Areas of Environmental Concern prior to issuing any zoning permit.

(Ord. passed 6-21-2021)

      (1)   If a site-specific vesting plan is based on an approval required by this chapter, the county shall provide whatever notice and hearing is required for that underlying approval. A duration of the underlying approval that is less than two years does not affect the duration of the site-specific vesting plan established under this section. If the site-specific vesting plan is not based on such an approval, a legislative hearing with notice as required by G.S. § 160D-602 shall be held.

      (2)   The county may approve a site-specific vesting plan upon any terms and conditions that may reasonably be necessary to protect the public health, safety, and welfare. Conditional approval results in a vested right, although failure to abide by the terms and conditions of the approval will result in a forfeiture of vested rights. A site-specific vesting plan is deemed approved upon the effective date of the county's decision approving the plan or another date determined by the Board of Commissioners upon approval. An approved site-specific vesting plan and its conditions may be amended with the approval of the owner and the county as follows: any substantial modification must be reviewed and approved in the same manner as the original approval; minor modifications may be approved by staff, if such are defined and authorized by the zoning ordinance.

      (1)   A vested right for a site-specific vesting plan remains vested for a period of two years. This vesting shall not be extended by any amendments or modifications to a site-specific vesting plan unless expressly provided by the local government.

      (2)   Notwithstanding the provisions of division (E)(1) above, the county may provide for rights to be vested for a period exceeding two years but not exceeding five years where warranted in light of all relevant circumstances, including, but not limited to, the size and phasing of development, the level of investment, the need for the development, economic cycles, and market conditions or other considerations. These determinations are in the sound discretion of the county and shall be made following the process specified for the particular form of a site-specific vesting plan involved in accordance with division (A) of this section.

      (3)   Upon issuance of a building permit, the provisions of G.S. § 160D-1111 and G.S. § 160D-1115 apply, except that a permit does not expire and shall not be revoked because of the running of time while a vested right under this section is outstanding.

      (4)   A right vested as provided in this section terminates at the end of the applicable vesting period with respect to buildings and uses for which no valid building permit applications have been filed.

      (1)   A vested right, once established as provided for in this section, precludes any zoning action by the county which would change, alter, impair, prevent, diminish, or otherwise delay the development or use of the property as set forth in an approved site-specific vesting plan, except under one or more of the following conditions:

         (a)   With the written consent of the affected landowner.

         (b)   Upon findings, by ordinance after notice and an evidentiary hearing, that natural or man-made hazards on or in the immediate vicinity of the property, if uncorrected, would pose a serious threat to the public health, safety, and welfare if the project were to proceed as contemplated in the site-specific vesting plan.

         (c)   To the extent that the affected landowner receives compensation for all costs, expenses, and other losses incurred by the landowner, including, but not limited to, all fees paid in consideration of financing, and all architectural, planning, marketing, legal, and other consulting fees incurred after approval by the county, together with interest as provided under G.S. § 160D-106. Compensation shall not include any diminution in the value of the property which is caused by the action.

         (d)   Upon findings, by ordinance after notice and an evidentiary hearing, that the landowner or the landowner's representative intentionally supplied inaccurate information or made material misrepresentations that made a difference in the approval by the county of the site-specific vesting plan or the phased development plan.

         (e)   Upon the enactment or promulgation of a state or federal law or regulation that precludes development as contemplated in the site-specific vesting plan or the phased development plan, in which case the county may modify the affected provisions, upon a finding that the change in state or federal law has a fundamental effect on the plan, by ordinance after notice and an evidentiary hearing.

      (2)   The establishment of a vested right under this section does not preclude the application of overlay zoning or other development regulations which impose additional requirements but do not affect the allowable type or intensity of use, or ordinances or regulations which are general in nature and are applicable to all property subject to development regulation by the county, including, but not limited to, building, fire, plumbing, electrical, and mechanical codes. Otherwise applicable new regulations become effective with respect to property which is subject to a site-specific vesting plan upon the expiration or termination of the vesting rights period provided for in this section.

      (3)   Notwithstanding any provision of this section, the establishment of a vested right does not preclude, change, or impair the authority of the county to adopt and enforce development regulations governing nonconforming situations or uses.

(Ord. passed 6-21-2021)