This LDC shall be enforced by the director of development services or designee who are hereby appointed the enforcement officers with the duties of enforcing the provisions of this LDC. If a ruling of the director of development services or designee is questioned, the aggrieved party or parties may appeal such ruling to the board of adjustment.

(Ord. No. O-2005-34b, § 1(Att. A), 5-9-05; Ord. No. O-2018-78, § 3, 8-13-18)

A zoning certificate is required as follows:

A.

No building or structure or any part thereof designed or intended to be used for other than farm or agricultural purposes shall be erected or repaired until a zoning certificate therefore has been issued by the director of development services or designee. A fee, which shall be as set by resolution of the city council and published in the City's Fees and Charges Manual, shall be charged for the issuance of each zoning certificate.

B.

Each application for a zoning certificate shall be accompanied by a plat, drawn to scale, 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 LDC. 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 director of development services or designee.

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. No. O-2005-34b, § 1(Att. A), 5-9-05; Ord. No. O-2018-78, § 3, 8-13-18)

A certificate of occupancy is required as follows:

A.

No land shall be used or occupied, except for 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 inspection services administrator or authorized agents, stating that the building and/or the proposed use has been determined to be in compliance with the provisions of this LDC. 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 temporary certificate of occupancy/compliance may be issued for a portion or portions of a building which may safely be occupied prior to final completion and occupancy of the entire building. A certificate of occupancy/compliance, either for the whole or part of a building, shall be applied for coincident with the application for a zoning certificate and/or building permit and shall be issued within five (5) days after the erection or alterations of such building or part shall have been found in compliance with the provisions of this LDC and other applicable codes and LDC. A record of all such certificates shall be kept on file in the office of the inspection services administrator or authorized agent and shall be furnished, on request, to any person having a proprietary or tenancy interest in the building or land. A fee, which shall be as set by resolution of the city council and published in the city's manual of city policies, shall be charged for the issuance of a certificate of occupancy/compliance.

B.

A certificate of occupancy/compliance may, in the discretion of the inspection services administrator or authorized agent, be issued with respect to any building which is not then fully in compliance with this LDC but may be brought into compliance with some slight additional work or alterations; provided, however, that the certificate of occupancy/compliance shall only be issued upon the posting of a bond in the amount as established in the city's fees and charges manual to secure compliance with this LDC. Issuance of a certificate of occupancy/compliance in these cases shall be at the sole discretion of the inspection services administrator or authorized agents.

All of the following represent violations of this LDC and of law and will be subject to the remedies and penalties provided in this LDC, the City Code and state law.

A.

Zoned lot or subdivision without required permits or approvals. It is a violation of this LDC to engage in any subdividing, development, use, construction, remodeling or other activity of any nature without obtaining all the permits, approvals, certificates and other forms of authorization required by this LDC.

B.

Zoned lot or subdivision inconsistent with permit. It is a violation of this LDC to engage in any development, use, construction, remodeling, or other activity and any nature in any way inconsistent with the terms and conditions of any permit, approval, certificate or other form of authorization required in order to engage in such activity.

C.

Zoned lot or subdivision inconsistent with conditions. It is a violation of this LDC to violate, by act or omission, any term, condition, or qualification imposed by a decision-making body upon a required permit, certificate, or other form of authorization.

D.

Zoned lot or subdivision inconsistent with LDC. It is a violation of this LDC to erect, construct, reconstruct, remodel, alter, maintain, move, or use any building or structure or to use any land in violation or contravention of any zoning, subdivision, or other regulation of this LDC, or any amendment thereof.

E.

Lots or setbacks inconsistent with this LDC. It is a violation of this LDC to reduce or diminish any lot area so that the setbacks or open spaces are smaller that prescribed by this LDC.

F.

Increasing intensity of use. It is a violation of this LDC to increase the intensity of use of any land or structure, except in accordance with the procedural and substantive requirements of this LDC.

G.

Sign installation inconsistent with permit. It is a violation of this LDC to install a sign of a type not permitted by this LDC, or to locate a sign in an area not expressly set forth in the substantive requirements of this LDC, or to install a sign that exceeds the size requirements set forth in this LDC.

H.

Other violations of this LDC not specified above. Any violation not specified above shall still be considered unlawful and will be subject to penalties as established in this LDC. Each day that each violation continues shall be considered a separate offense.

I.

Continuing violations. It is a violation of this LDC to continue any of the violations specified in this chapter. Each day that a violation continues shall be considered a separate offense.

A.

Remedies and enforcement powers. The provisions of this LDC may be enforced by any one (1), all, or a combination of the remedies authorized and prescribed by this chapter. If a person does not comply with a particular provision of the regulations of this LDC after the imposition of any one (1) type of penalty, the person shall continue to remain subject to all the remedies prescribed by this chapter for the continued violation of such regulation. The director of development services or designee shall have the power to impose fines and penalties for a violation of this LDC as provided herein, and may secure injunctions and abatement orders to further ensure compliance with this LDC as provided for in this chapter. Each day's continuing violation shall be a separate and distinct offense and may be subject to any one (1), all, or a combination of the remedies authorized and prescribed by this chapter.

B.

Withhold permits.

1.

The city may deny or withhold all permits, certificates or other forms of authorization on any land or structure or improvements thereon upon which there is an uncorrected violation of this LDC or of a condition or qualification of a permit, certificate, approval or other authorization previously granted by a decision-making body.

2.

Instead of withholding or denying an authorization, the city may grant such authorization subject to the condition that the violation be corrected.

3.

This enforcement provision applies regardless of whether the current owner or applicant is responsible for the violation in question.

4.

The city may deny or withhold all permits, certificates or other forms of authorization on any land or structure or improvements owned by a person who owns, developed or otherwise caused an uncorrected violation of a provision of this LDC or of a condition or qualification of a permit, certificate, approval or other authorization previously granted by a decision-making body. This provision applies regardless of whether the property for which the permit or other approval is sought is the property in violation.

C.

Revoke permits. A permit may be revoked when the inspection services administrator determines that:

1.

There is departure from the plans, specifications, or conditions as required under terms of the permit;

2.

The plans, specifications, or conditions were obtained by false representation or was issued by mistake; or

3.

Any of the provisions of this LDC are being violated.

D.

Stop work. With or without revoking permits, the city may stop work on any building or structure on any land on which there is an uncorrected violation of a provision of this LDC or of a permit or other form of authorization issued hereunder, in accordance with its power to stop work under the Building Code.

E.

Criminal penalties. Any person who knowingly or willfully violates any provision of this LDC shall have committed a misdemeanor, and upon conviction thereof, shall be subject to a fine not to exceed five hundred dollars ($500.00) or imprisonment for a period not to exceed thirty (30) days.

F.

Civil citations.

1.

The director of development services or designee is empowered to issue citations to any person if there is reasonable cause to believe that the person has violated any provision of this LDC. A violator may be the owner of the premises, the agent of the owner authorized to be responsible for the premises, or the occupant, lessee, or person having immediate beneficial use of the property. The nonoccupant owner or agent responsible for the premises has a duty to maintain the premises in compliance with the regulations of this LDC. A citation shall be issued to a nonoccupant owner, agent or occupant, or mailed to the last known mailing address as shown by public records, or by making other reasonable efforts to communicate the existence of the violation to the owner, agent, or occupant.

2.

The initial citation for each violation shall be one hundred dollars ($100.00). The issuance of the second citation for any violation that has not been corrected shall be in an amount up to two hundred fifty dollars ($250.00) upon the day of issuance, up to five hundred dollars ($500.00) thereafter. Any unpaid citations and delinquency charges shall be cumulative and shall subject the violator to a civil penalty to be recovered in a civil action in the nature of a debt. The citations may be delivered in person to the violator or, if the violator cannot be readily found, then the citation may be mailed. If the address of the violator is unknown the violator may be served by publication.

3.

The citation shall direct the violator to make payment at the department of development services within fifteen (15) days of the date of the citation, or alternatively pay the citation by mail. If the violator does not make such payment or does not mail the citation and payment within fifteen (15) days of the issuance, the citation shall be delinquent, and a delinquency charge of ten dollars ($10.00) shall be added to the amount shown on the citation. The citation shall inform the violator that a civil complaint or criminal summons may be filed if the citation and delinquency charge is not paid within fifteen (15) days from the date of the citation became delinquent. Further, the citation shall state that the violation is a continuing violation and additional citations may be issued with escalating amount for a continuing violation.

G.

Civil judicial remedies.

1.

If a building or structure is erected, constructed, reconstructed, altered, repaired, converted, or maintained, or any building, structure or land is used in violation of this LDC or other regulations made under authority conferred thereby, the city, in addition to other remedies, may institute any appropriate action or proceedings to prevent the unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance, use, or occupancy of the building or structure, and to restrain, correct or abate the violation, or to prevent any illegal act, conduct, business, or use in or about the premises. The General Court of Justice shall have jurisdiction to issue such orders as may be appropriate.

2.

If this LDC makes unlawful a condition existing upon or use made of real property then this LDC may be enforced by injunction or order of abatement and the General Court of Justice shall have jurisdiction to issue such orders. When a violation of this LDC occurs the city may apply to the appropriate division of the General Court of Justice for a mandatory or prohibitory injunction requiring the violator to correct the unlawful condition upon or cease the unlawful use of the property.

3.

In addition to an injunction, the court may enter an order of abatement as a part of the judgment in the cause. An order of abatement may direct that buildings, or other structures on the property be closed, demolished, or removed; or that any other action be taken that is necessary to bring the property into compliance with this LDC. If the violator fails or refuses to comply with an injunction or with an order of abatement within the time allowed by the court, such person may be cited for contempt and the city may execute the order of abatement. The city shall have a lien on the property for the cost of executing the order of abatement in the nature of the mechanic's and materialman's lien. The violator may secure cancellation of an order of abatement by paying all costs of the proceedings and posting a bond for compliance with the order. The bond shall be given with sureties approved by the clerk of superior court of the county in which the citation is pending in an amount approved by the judge before whom the matter is heard and shall be conditioned on the violator's full compliance with the terms of the order of abatement within a time fixed by the judge. Cancellation of an order of abatement shall not suspend or cancel an injunction issued in conjunction therewith.

H.

Other remedies. The city shall have such other remedies as are and as may be from time to time provided by North Carolina law and other city codes for the violation of zoning, subdivision or related LDC provisions.

I.

Remedies cumulative. The remedies and enforcement powers established in this chapter are cumulative.

J.

Appeal. Appeals of this section shall follow the provisions set forth in this LDC, chapter 5, section 510, appeal of administrative officer's decision.

(Ord. No. O-2005-34b, § 1(Att. A), 5-9-05; Ord. No. O-2018-78, §§ 2, 3, 8-13-18)

A.

Non-emergency matters.

1.

In the case of violations of this LDC that do not constitute an emergency, the director of development services or designee shall give notice of the nature of the violation to the property owner and to any other person who is party to the agreement and to any applicant for any relevant permit, after which the persons receiving notice shall have ten (10) days, or such longer period as the director of development services or designee allows, to correct the violation.

2.

If the violation is not corrected within the required time frame, the director of development services and the city shall use all penalties, remedies and enforcement powers available under this chapter.

3.

Notice must be given in-person, by United States Mail, or by posting notice on the premises. Notice of violation must State the nature of the violation, the time period allowed for coming into compliance, the corrective steps necessary and the nature of subsequent penalties and enforcement actions should the situation not be corrected.

B.

Emergency matters. In the case of violations of this LDC that do constitute an emergency situation, the city shall use all remedies, penalties and enforcement powers available under this article without prior notice, but the director of development services or designee must send notice simultaneously with beginning enforcement action to the property owner, to any other person who is party to the agreement and to applicants for any relevant permit.

C.

Continuation. Nothing in this LDC shall prohibit the continuation of previous enforcement actions, undertaken by the city pursuant to previous and valid LDC and laws.

(Ord. No. O-2005-34b, § 1(Att. A), 5-9-05; Ord. No. O-2018-78, § 3, 8-13-18)

Historic preservation violations.

A.

Any person, firm or corporation who violates the provisions of chapter 10 shall, upon conviction, be guilty of a misdemeanor against the city and shall be punishable by a fine as established in the city's fees and charges manual. A violation exists whenever there is a performance of an act that is prohibited, or a failure to perform and act which is required. Each day this section is violated shall be considered a separate offense.

B.

In case any building or structure is erected, constructed, externally reconstructed, externally altered, added to or demolished in violation of this LDC, the city or any person may initiate an appropriate action or proceeding in a court with competent jurisdiction to prevent such unlawful erection, construction, reconstruction, exterior alteration, addition or demolition, and the violating party shall pay all court costs and expenses, including reasonable attorneys' fees, if the court should find in favor of the city or persons suing on behalf of the city to enforce this LDC.

(Ord. No. O-2005-34b, § 1(Att. A), 5-9-05)

A.

Purpose. The purpose of this section is to implement the provisions of N.C.G.S. § 160D-108 pursuant to which a statutory zoning vested right is established upon the approval of a site-specific development plan. As used in this section the following terms shall have the meaning indicated:

1.

Approval authority. The planning board is authorized to grant a zoning vested right pursuant to application and public meeting upon submission and approval of a site-specific development plan.

2.

Landowner. Means any owner of a legal or equitable interest in real property, including the heirs, devisees, successors, assigns, and personal representatives of such owner. The landowner may allow a person holding a valid option to purchase to act as an agent or representative for the purpose of submitting a proposed site-specific development plan under this LDC.

3.

Site specific development plan. Means a plan of development submitted to the planning board for approval for obtaining one (1) of the following land use permits:

a.

Subdivision preliminary plat.

b.

Subdivision construction plat.

c.

Conditional use permit.

d.

Planned building group preliminary plan.

e.

Planned building group construction plan.

f.

Multi-family.

A site-specific development plan also includes any other site plan indicating with reasonable specificity the following:

a.

Approximate boundaries of the site.

b.

Significant topographical and natural features affecting development of the site.

c.

Approximate location on the site of proposed buildings and structures and other improvements.

d.

Approximate dimensions including height of the proposed buildings and other structures.

e.

Approximate location of all existing and proposed infrastructure on the site including water, sewer, drainage, roads, and pedestrian walkways.

Notwithstanding the foregoing, a variance or any other document that fails to describe with reasonable certainty the type and intensity of use for a specified parcel or parcels of property shall not constitute a site-specific development plan.

B.

Establishment of a zoning vested right.

1.

A zoning vested right shall be deemed established upon the valid approval, or conditional approval, by the planning board, as applicable, of a site-specific development plan, following notice and public meeting.

2.

The planning board may approve a site-specific development plan upon such terms and conditions as may reasonably be necessary to protect the public health, safety, and welfare.

3.

Notwithstanding subsections A. and B. of this section, approval of a site-specific development plan with the condition that a variance be obtained shall not confer a zoning vested right unless and until the necessary variance is obtained. The two (2) year period during which the zoning vested right is valid shall begin to run on the date the site-specific development plan is approved notwithstanding the condition that a variance be obtained.

4.

A site-specific development plan shall be deemed approved upon the effective date of the planning board's action relating thereto.

5.

The establishment of a zoning vested right shall not preclude (i) the application of overlay zoning that imposes additional requirements but does not affect the allowable type or intensity of use, or (ii) LDC or regulations that are general in nature and are applicable to all property subject to land-use regulation by the city, including, but not limited to, building, fire, plumbing, electrical, and mechanical codes. Otherwise, applicable new or amended regulations affecting the type or intensity of use shall become effective with respect to property that is subject to a site specific development plan upon the expiration or termination of the vested right, in accordance with this chapter.

6.

A zoning vested right is not a personal right, but shall attach to and run with the applicable property. After approval of a site specific development plan, all successors to the original landowner shall be entitled to exercise such right while applicable.

7.

A site-specific development plan may be vested from the requirements of this LDC on condition that the plan is submitted in accordance with the requirements of this section and is granted approval from the Planning Board no more than six (6) months from the effective date of this LDC. The two (2) year period during which the zoning vested right is valid shall begin to run on the date the site-specific development plan is approved notwithstanding a condition that a variance be obtained.

C.

Approval procedures and approval authority.

1.

Except as otherwise provided in this section, an application for site specific development plan approval shall be processed in accordance with the procedures established by this chapter and shall be considered by the planning board.

2.

In order for a zoning vested right to be established upon approval of a site specific development plan, the applicant must indicate at the time of application, on a form to be provided by the city, that a zoning vested right is being sought. The applicant shall pay the fee set by the city council which is listed in the "fees and charges" section of the policy manual.

3.

Each map, plat, site plan or other document evidencing a site specific development plan shall contain the following notation: "The Planning Board has granted a zoning vested right under N.C.G.S. § 160D-108 on _______ valid for two (2) years from this date." The site-specific development plan shall not be valid unless signed by the director.

4.

Following approval or conditional approval of a site specific development plan, nothing in this chapter shall exempt such a plan 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 approval.

5.

Nothing in this chapter shall prohibit the revocation of the original approval or other remedies for failure to comply with applicable terms and conditions of the approval or the zoning LDC.

D.

Duration.

1.

A zoning right that has been vested as provided in this chapter shall remain vested for a period of two (2) years. This vesting shall not be extended by any amendments or modifications to a site-specific development plan.

2.

Upon issuance of a building permit, the expiration provisions of N.C.G.S. § 160D-11-11 and the revocation provisions of N.C.G.S. § 160D-11-15 shall apply, except that a building permit shall not expire or be revoked as long as the vested right remains valid, regardless of whether or not work has commenced or been discontinued for more than twelve (12) months.

E.

Termination. A zoning right that has been vested as provided in this chapter shall terminate:

1.

At the end of the applicable vesting period with respect to buildings and uses for which no valid building permit applications have been filed;

2.

With the written consent of the property owners;

3.

Upon findings by the planning board, after notice (as provided in this chapter) and a public meeting 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 development plan;

4.

Upon payment to the affected landowner of 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 consultant's fees incurred after approval by the city and prior to receipt of notice of termination by the city, together with interest thereon at the legal rate until paid. Compensation shall not include any diminution in value of the property which is caused by such action;

5.

Upon findings by the planning board, after notice (as provided in this chapter) and a meeting that the property owner(s) or representative intentionally supplied inaccurate information or made material misrepresentations which made a difference in the approval by the planning board of the site specific development plan; or

6.

Upon the enactment or promulgation of a state or federal law or regulation that precludes development as contemplated in the site specific development plan, in which case the planning board may modify the affected provisions, upon a finding that the change in state or federal law has a fundamental effect on the plan, after notice (as provided in this chapter) and a hearing.

F.

Voluntary annexation. A petition for annexation filed with the city under N.C.G.S. 160D-201-204 shall contain a signed statement declaring whether or not any zoning vested right with respect to the properties subject to the petition has been established under N.C.G.S. § 160D-108. A statement that declares that no zoning vested right has been established under N.C.G.S. § 160D-108, or the failure to sign a statement declaring whether or not a zoning vested right has been established, shall be binding on the landowner and any such zoning vested right shall be terminated. The failure to file a signed statement declaring whether or not any zoning vested right has been established shall constitute a waiver of any vested rights established prior to the date of the petition and the same shall be terminated. The city will honor valid approved vested rights upon submission of proof per N.C.G.S. § 160D-108.

G.

Existing vested rights agreements. The planning board will honor all valid approved vested rights upon submission to and subsequent approval by the planning board.

H.

Limitations. Nothing in this chapter is intended or shall be deemed to create any vested right other than those established pursuant to N.C.G.S. § 160D-108.

I.

Repealer. In the event that N.C.G.S. § 160A-385.1 is repealed, this LDC shall be deemed repealed effective as of the date of the repeal of N.C.G.S. § 160D-108 and the provisions hereof no longer effective.

J.

Effective date. This section refers to the site specific development plans approved before the end of six (6) months from the effective date of this LDC.

K.

Effect on rights and liabilities under existing LDC. This LDC in part comes forward by re-enactment of some of the provisions of the zoning ordinance, subdivision regulations, watershed protection, flood protection regulations enacted October 16, 1969, and subsequently, as amended, and it is not the intention to repeal but rather to re-enact and continue to enforce, without interrupting such existing provisions, so that all rights and liabilities that have accrued hereunder are reserved and may be enforced. The enactment of this LDC shall not affect any action, suit or proceeding instituted or pending. All provisions of the LDC of the city enacted on October 16, 1969, and subsequently, as amended, which are not reenacted herein are repealed.

L.

Effect upon outstanding building permits. Nothing herein contained shall require any change in the plans, construction, size or designated use of any building, structure or part thereof for which a building permit has been granted by the director of development services or authorized agents before the time of passage of this LDC; provided, however, that when construction is not begun under such outstanding permit within a period of sixty (60) days subsequent to passage of this LDC, construction or use shall be in conformity with the provisions of this LDC.

M.

Validity. If any section, subsection, sentence, clause or phrase of this LDC is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this LDC. The city council hereby declares that it would have passed this LDC and each section, subsection, clause and phrase thereof, irrespective of the fact that any one (1) or more sections, subsections, sentences or clauses be declared invalid.

N.

Sanctions.. In addition to the remedies described in this LDC and consistent with N.C.G.S. § 160D-404, the city may seek enforcement of this section through a civil penalty assessed by the city council to be recovered by the city in a civil action in the nature of debt if the offender does not pay the penalty in a prescribed period of time after being cited for violation of this section.

(Ord. No. O-2005-34b, § 1(Att. A), 5-9-05; Ord. No. O-2018-78, § 3, 8-13-18; Ord. No. O-2021-43, § 10, 6-14-21)