Rutherford College City Zoning Code
ADMINISTRATION AND
ENFORCEMENT
§ 152.245 ZONING ENFORCEMENT OFFICER.
(A) This chapter shall be administered and enforced by the Zoning Enforcement Officer or his or her designated representative who shall be named by the Town Council, and is hereby empowered:
(1) To issue a zoning compliance permit when these regulations have been followed, or to refuse to issue the same in the event of noncompliance. Written notice of such determination therefore shall be given to the applicant and property owner (G.S. § 160D-403(b)), the administrative officer may provide their determination in print or electronic form; if electronic form is used then it must be protected from further editing (G.S. § 160D-403(a));
(2) To collect the designated fees as set forth in this chapter for a zoning compliance permit, variances and appeals;
(3) To make and keep all records necessary and appropriate to the office, including record of the issuance and denial of all zoning compliance permits and of receipt of complaints of violation of this chapter and action taken on the same;
(4) To inspect any building and/or land to determine whether any violations of this chapter have been committed or exist;
(5) To enforce this chapter and take all necessary steps to remedy any condition found in violation by ordering in writing the discontinuance of illegal uses or illegal work in progress and may institute mandamus, or other appropriate action; and
(6) To keep the Board of Adjustment advised of all matters other than routine duties pertaining to the enforcement of this chapter and to transmit all applications and records pertaining to appeals, variances or requests for special use approval.
(B) The administrative officer or other staff member shall not 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 (G.S. § 160D-109).
(C) The administrative officer 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 city local government at all reasonable hours for the purposes of inspection or other enforcement action, upon presentation of proper credentials, provided the appropriate consent has been given for inspection of areas not open to the public or that an appropriate inspection warrant has been secured (G.S. § 160D-403(e)).
(Ord. passed 4-5-2010; Ord. passed 5-3-2021)
§ 152.246 ZONING COMPLIANCE PERMIT AND BUILDING PERMIT REQUIRED.
Within the town limits, no building, sign or other structure shall be erected, moved, added to or structurally altered before a zoning compliance permit has been issued by the Zoning Enforcement Officer of the town or designated representative and a building permit is issued by the County Building Inspector.
(Ord. passed 4-5-2010; Ord. passed 5-3-2021)
§ 152.247 APPLICATION FOR A ZONING COMPLIANCE PERMIT.
(A) Each application to the Zoning Enforcement Officer for a zoning permit shall be accompanied by plot plans in duplicate showing:
(1) The actual dimensions of the lot to be built upon;
(2) The size of the building to be erected;
(3) The location of the building on the lot;
(4) The location of existing structures on the lot, if any;
(5) The number of dwelling units the building is designed to accommodate;
(6) The approximate setback lines of buildings on adjoining lots;
(7) The intended use of the property;
(8) The county tax map identification number of the property and a copy of the metes and bounds description of the lot of record; and
(9) Such other information as may be essential for determining whether the provisions of this chapter are being observed.
(B) Vesting. Zoning permits expire one year after issuance unless work has substantially commenced. Expiration of a local development approval does not affect the duration of a vested right established as a site specific vesting plan, a multiphase development plan, a development agreement, or vested rights established under common law. A site specific plan or planned unit development shall remain vested for a period exceeding two years, but not exceeding five years. A multi-phase development shall remain vested for a period of seven years from the time a site plan is approved. For the purposes of this chapter, a multi-phase development must contain 100 acres or more and is submitted for site plan approval for construction to occur in more than one phase and is a master plan that includes a requirement to offer land for public use (G.S. § 160D-108(d)).
(C) Revocation of development approvals. Development approvals may be revoked by the local government issuing the development approval by notifying the permit holder in writing stating the reason for the revocation. The local government shall follow the same development review and approval process required for issuance of the development approval, including any required notice or hearing, in the review and approval of any revocation of that approval. Development approvals shall be revoked for any substantial departure from the approved application, plans, or specifications; for refusal or failure to comply with the requirements of any applicable local development regulation or any state law delegated to the local government for enforcement purposes in lieu of the state; or for false statements or misrepresentations made in securing the permit approval. Any development approval mistakenly issued in violation of an applicable state or local law may also be revoked. The revocation of a development approval by a staff member may be appealed to the Board of Adjustment pursuant to G.S. § 160D-405. If an appeal is filed regarding a development regulation adopted by a local government pursuant to this chapter, the provisions of G.S. § 160D-405(e) regarding stays applies (G.S. § 160D-403(f)).
(Ord. passed 4-5-2010; Ord. passed 5-3-2021)
§ 152.248 FEES.
Every person obtaining a zoning service shall pay the fee set forth in the town’s Zoning Fees chart set forth below.
SERVICE | FEE |
SERVICE | FEE |
Town zoning permit | $50 |
Sign permits (home occupation) | $25 |
Sign permits (commercial) | $100 for 3 ($25 for additional signage) |
Annexation | $300 |
Variance petition | $300 |
Re-zoning petition | $300 |
Text amendment | $300 |
Conditional use permit | $300 |
Board of Adjustment appeal | $300 |
Code of Ordinances book | $350 |
Individual land use ordinances | $30 |
Comprehensive Land Use Plan | $25 |
Residential - plan review | $25 |
Non-residential - Plan review | $50 |
Porches/deck | $50 |
Manufactured homes - single wide | $50 |
Modular homes | $50 |
On-site consults | $50 |
Renovations (up to 400 square feet) | $50 |
Renovations (400 - 600 square feet) | $75 |
Renovations (over 600 square feet) | $100 |
Residential additions | $50 |
Accessory building | $50 |
Garage - residential | $50 |
Non-residential (covers total construction) | $100 |
Solar farms | $75 ($500 per megawatt) |
Demolition permit | $35 |
Fence permit | $0 |
Perc test permit | $0 |
Minor subdivisions - without new right-of-way easement or road - 1-4 lots | $50 |
Major subdivisions - with new right-of-way easement or road (Town Council approval required) Preliminary plat review Final plat review 1-9 lots 10-20 lots 21 lots or more | $100 $125 $225 $275 (21+ lots includes flat fee plus $10 each additional lot) |
(Ord. passed 4-5-2010; Ord. passed 5-3-2021; Ord. passed 8-5-2024)
§ 152.249 VIOLATION.
Whenever, by the provision of this chapter, the performance of any act is required, or the performance of any act is prohibited, or whenever any regulation or limitation is imposed on the use of any land and water, or on the erection of a structure, a failure to comply with such provisions shall constitute a violation of this chapter.
(Ord. passed 4-5-2010; Ord. passed 5-3-2021)
§ 152.250 LIABILITY.
The owner, tenant or occupant of any land or structure, 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 shall be held responsible for the violation and be subject to the penalties and remedies provided herein.
(Ord. passed 4-5-2010; Ord. passed 5-3-2021)
§ 152.251 PROCEDURE UPON DISCOVERY OF VIOLATION.
Notices of violation. When staff determines work or activity has been undertaken in violation of these development regulations a written notice of violation may be issued. The notice of violation shall be delivered to the holder of the development approval and to the landowner of the property involved, if the landowner is not the holder of the development approval, by personal delivery, electronic delivery, or first class mail and may be provided by similar means to the occupant of the property or the person undertaking the work or activity. The notice of violation may be posted on the property. The person providing the notice of violation shall certify to the local government that the notice was provided and the certificate shall be deemed conclusive in the absence of fraud (G.S. § 160D-404(a)).
(Ord. passed 4-5-2010; Ord. passed 5-3-2021)
§ 152.252 REMEDIES.
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 chapter or a regulation made under authority conferred by this chapter, the Zoning Enforcement Officer, in addition to other remedies, may institute any appropriate action on proceedings to prevent the unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance or use, to restrain, correct or abate the violation, to prevent occupancy of the building, structure or land, or to prevent any illegal act, conduct, business or use in or about the premises.
(Ord. passed 4-5-2010; Ord. passed 5-3-2021)