Rose Hill City Zoning Code
ADMINISTRATION AND
ENFORCEMENT
§ 154.255 ADMINISTRATIVE OFFICIAL.
(A) The Town Board shall appoint the Town Administrator, or other person as the Administrative Official to administer and enforce this chapter. The assistance of any other persons may be provided as the Town Board may direct. No person shall commence or proceed with development without first securing approval from the town as herein provided.
(B) The Administrative Official and his or her staff may inspect work undertaken pursuant to a development approval to assure that the work is being done in accordance with applicable state and local laws and of the terms of the approval. In exercising this power, staff are authorized to enter any premises within the jurisdiction of the town at all reasonable hours for the purposes of inspection or other enforcement action, upon presentation of proper credentials; provided, however, that the appropriate consent has been given for inspection of areas not open to the public or that an appropriate inspection warrant has been secured. The Administrative Official shall have all rights of enforcement as outlined in § 154.999 herein.
(Ord. passed 7-9-1985; Ord. passed 5-10-1990; Ord. passed 3-9-1999; Ord. passed 8-10-1999; Ord. passed 3-14-2000; Ord. passed 5-9-2000; Ord. passed 9-9-2003; Ord. passed 9-13-2005; Ord. passed 9-12-2006; Ord. passed 6-29-2021)
§ 154.256 PERMIT ADMINISTRATION.
A development approval shall be in writing and may contain a provision requiring the development to comply with all applicable state and local laws. The town 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. An easement holder may also apply for development approval for such development as is authorized by the easement.
(A) Notice. Any approval or disapproval of an application for a zoning permit made pursuant to this section shall be communicated by the Administrative Official who shall in turn give written notice to the owner of the property that is the subject of the determination and to the party who sought the determination, if different from the owner. The written notice shall be delivered by personal delivery, electronic mail, or by first-class mail. The notice shall be delivered to the last address listed for the owner of the affected property on the county tax abstract and to the address provided in the application or request for a determination if the party seeking the determination is different from the owner.
(B) Expiration of zoning permit. A zoning permit shall expire one year after the date of issuance if the work authorized by the certificate has not been substantially commenced. If after commencement the work or activity allowed under a certificate is discontinued for a period of 12 months after commencement, the certificate shall immediately expire.
(C) Any appeal from a decision of the Administrative Official may be made in accordance with the provisions of § 154.257 herein.
(D) An approval made pursuant to this chapter attaches to and runs with the land.
(Ord. passed 6-29-2021)
§ 154.257 APPEALS OF ADMINISTRATIVE DECISIONS.
(A) Applicability. Appeals of decisions made by the Administrative Official or his/her deputy or staff under this chapter shall be made to the Board of Adjustment. Appeals shall be heard by the Board of Adjustment, in compliance with the quasi-judicial processes set forth in § 154.279 herein.
(B) Standing. Any person who has standing or the town may appeal an administrative decision to the Board of Adjustment. An appeal is taken by filing a notice of appeal with the Clerk to the Board. The notice of appeal shall state the grounds for the appeal.
(C) Time to appeal. The owner or other party shall have 30 days from receipt of the written notice of the determination within which to file an appeal. Any other person with standing to appeal shall have 30 days from receipt from any source of actual or constructive notice of the determination within which to file an appeal. In the absence of evidence to the contrary, notice given pursuant to division (A) of this section herein by first-class mail shall be deemed received on the third business day following deposit of the notice for mailing with the United States Postal Service.
(D) Record of decision. The official who made the decision shall transmit to the Board of Adjustment all documents and exhibits constituting the record upon which the decision appealed from is taken. The official shall also provide a copy of the record to the appellant and to the owner of the property that is the subject of the appeal if the appellant is not the owner.
(E) Stays. An appeal of a notice of violation or other enforcement order stays enforcement of the action appealed from and accrual of any fines assessed unless the official who made the decision certifies to the Board after notice of appeal has been filed that, because of the facts stated in an affidavit, a stay would cause imminent peril to life or property or, because the violation is transitory in nature, a stay would seriously interfere with enforcement of the development regulation. In that case, enforcement proceedings shall not be stayed except by a restraining order, which may be granted by a court. If enforcement proceedings are not stayed, the appellant may file with the official a request for an expedited hearing of the appeal, and the Board shall meet to hear the appeal within 15 days after such a request is filed. Notwithstanding the foregoing, appeals of decisions granting a development approval or otherwise affirming that a proposed use of property is consistent with the development regulation shall not stay the further review of an application for development approvals to use such property; in these situations, the appellant or town may request and the Board may grant a stay of a final decision of development approval applications, including building permits affected by the issue being appealed.
(F) Appeals of decisions. Any appeal from the decision of the Board of Adjustment shall be made to Superior Court of Duplin County, in accordance with the provisions of G.S. § 160D-1402.
(Ord. passed 6-29-2021)
§ 154.258 BUILDING PERMIT.
(A) No building or other structure shall be erected, moved, extended, enlarged, or structurally altered until a zoning permit has been issued by the town and a building permit for the work has been issued by the County Building Inspector. Each application for a building permit shall be accompanied by the town zoning permit and the building plans or other information as may be necessary to determine if the provisions of this chapter are being observed.
(B) The same shall be true of enlarging or structurally altering mobile homes. No living compartment other than a “Florida room,” or other prefabricated structure specifically designed by the manufacturer for mobile home extension, shall be added to any mobile home parked within the jurisdiction of this chapter unless a town zoning permit and a building permit have been issued for the addition.
(C) No section of this chapter shall in any way prohibit, restrict, or affect in any manner or form any person, firm, or corporation who has secured a building permit issued by the county prior to the effective date of this chapter.
(Ord. passed 7-9-1985; Ord. passed 5-10-1990; Ord. passed 3-9-1999; Ord. passed 8-10-1999; Ord. passed 3-14-2000; Ord. passed 5-9-2000; Ord. passed 9-9-2003; Ord. passed 9-13-2005; Ord. passed 9-12-2006; Ord. passed 6-29-2021) Penalty, see § 154.999
§ 154.259 CERTIFICATE OF OCCUPANCY.
No land shall be used or occupied, except for agricultural purposes, and no building hereafter structurally altered or erected shall be used or changed in use until a zoning permit is issued by the town and a certificate of occupancy shall have been issued by the County Building Inspector and Administrative Official stating that the building and/or the proposed use thereof complies with the provisions of this chapter. A zoning permit shall be issued for the purpose of maintaining or renewing a nonconforming use. A certificate of occupancy, either for the whole or a part of a building, shall be applied for coincident with the application for a building permit and shall be issued within ten days after the erection or structural alterations of the building or part shall have been completed in conformity with the provisions of this chapter. A record of all certificates shall be kept on file in the town or county office, and copies shall be furnished on request, to any person having a proprietary or tenancy interest in the building erected. No permit for excavation for, or erection of, any building, or part of a building, or for repairs to, or alteration of, a building shall be issued until after a statement of its intended use has been filed by the applicant.
(Ord. passed 7-9-1985; Ord. passed 5-10-1990; Ord. passed 3-9-1999; Ord. passed 8-10-1999; Ord. passed 3-14-2000; Ord. passed 5-9-2000; Ord. passed 9-9-2003; Ord. passed 9-13-2005; Ord. passed 9-12-2006; Ord. passed 6-29-2021) Penalty, see § 154.999