Per G.S. 160D-404, the provisions of this chapter shall be administered and enforced by the administrative officer.

If the administrative officer determines work or activity has been undertaken in violation of a development regulation adopted pursuant to this ordinance or other local development regulation or any state law delegated to the town for enforcement purposes in lieu of the state or in violation of the terms of a development approval, 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 town that the notice was provided, and the certificate shall be deemed conclusive in the absence of fraud. Except as provided by G.S. 160D-1123 or G.S. 160D-1206 or otherwise provided by law, a notice of violation may be appealed to the board of adjustment pursuant to G.S. 160D-405.

Per G.S. 160D-109(c), the administrative officer shall not make a final decision on an administrative decision required by this ordinance if the outcome of that decision would have a direct, substantial, and readily identifiable financial impact on the administrative officer 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 administrative officer or such other staff person as may be designated by this ordinance.

The administrative officer shall not be financially interested or employed by a business that is financially interested in a development subject to regulation under this ordinance unless the administrative officer is the owner of the land or building involved. No staff member or other individual or an employee of a company contracting with the town to provide staff support shall engage in any work that is inconsistent with his or her duties or with the interest of the town, as determined by the town.

(Code 1978, § 12.119(a); Code 1995, § 156.145; Ord. of 1-10-1972; Ord. No. (2021)1, 6-28-2021)

(a)

It shall be unlawful to commence the excavation for or the construction of any building or other structure, including accessory structures, or to commence the moving, alteration, or repair of any structure or the use of any land or building, including accessory structures, until the administrative officer has issued a zoning permit for such work or use, including a statement that the plans, specifications, and intended use of such land or structure in all respects conforms with the provisions of this chapter. Application for a zoning permit shall be made in writing to the administrative officer on forms for that purpose. Zoning permits shall be void after 12 months from date of issue unless substantial progress on the subject has been made by that time.

(b)

It shall be unlawful for the administrative officer to approve any plans or issue a zoning permit for any purpose regulated by this chapter until he has inspected such plans in detail and found them in conformity with this chapter. To this end, the administrative officer shall require that every application for a zoning permit be accompanied by a plan or plat drawn to scale and showing the following in sufficient detail to enable the administrative officer to ascertain whether the proposed activity is in conformance with this chapter:

(1)

The actual shape, location, and dimensions of the lot.

(2)

The shape, size, and location of all buildings or other structures to be erected, altered, or moved and any buildings or other structures already on the lot.

(3)

The existing and intended use of all such buildings or other structures.

(4)

Such other information concerning the lot or adjoining lots as may be essential for determining whether the provisions of this chapter are being observed.

(c)

If the proposed activity as set forth in the application is in conformity with the provisions of this chapter, the administrative officer shall issue a zoning permit for such purpose. If any application for a zoning permit is not approved, the administrative officer shall state in writing on the application the cause for such disapproval. Issuance of a permit shall, in no case, be construed as waiving any provision of this chapter.

(d)

All modifications, including changes in use and/or increase in density, to approved plans, other than those listed below, shall be reviewed in the same manner as a new project. The following minor modifications to an existing or approved development may be permitted by the administrative officer provided no variance is required, the use does not change to any use not specifically allowed within the zoning district, the intent and layout of the approved plan is generally followed or if an existing development that the site layout does not substantially change, density is not increased, conditions of approval are not violated, and such changes do not cause a significant adverse impact:

(1)

Slight variations in the building dimensions that do not depart from the general approved layout and not exceeding ten percent of the original approved dimensions;

(2)

Minor changes in parking lot or traffic lane dimensions;

(3)

Minor dimensional changes to individual lots;

(4)

Minor site modifications due to necessary engineering requirements;

(5)

Change of location of elements included on the site plan that generally maintains relative alignment and orientation to the approved site plan;

(6)

For any proposed change in use to an existing development, the use is specifically listed as a permitted use within this chapter for the district in which the property is located, no exterior structural changes unless otherwise allowed by the terms of this section, and all resultant standards of this chapter are complied with; and

(7)

Other similar insignificant changes.

In reviewing such changes, the administrative officer may require that the modification be handled in the same manner as a new application.

(Code 1978, § 12.119(b); Code 1995, § 156.146; Ord. of 1-10-1972; Ord. No. (2014)17, 9-22-2014; Ord. No. (2021)1, 6-28-2021)

No land or structure (except signs) or part thereof hereafter erected, moved, or altered in its use shall be used until the zoning inspector shall have issued a certificate of occupancy stating that such land, structure, or part thereof is found to be in conformity with the provisions of this chapter. Within three days after notification that a structure or premises or part thereof is ready for occupancy or use, it shall be the duty of the building inspector in coordination with the administrative officer to make a final inspection thereof, and to issue a certificate of occupancy, if the building or premises or part thereof is found to conform with the provisions of this chapter or, if such certificate is refused, to state refusal in writing with the cause.

(Code 1978, § 12.119(c); Code 1995, § 156.147; Ord. of 1-10-1972; Ord. No. (2021)1, 6-28-2021)

The various special uses set forth in the district use regulations table, because of special site or design requirements, operating characteristics or potential adverse effects on surrounding property and neighborhoods, shall be permitted only upon approval by the board of aldermen in accordance with the standards as set forth in this section.

(1)

Purpose. Per G.S. 160D-102, a special use permit may be issued to authorize development or land uses in a particular zoning district upon presentation of competent, material, and substantial evidence establishing compliance with one or more general standards requiring that judgment and discretion be exercised as well as compliance with specific standards.

(2)

Procedure. Special use permits shall be granted by the board of aldermen only those uses enumerated in section 42-63, concerning district use regulations, as special uses. Uses specified as a special use in the table shall be permitted only upon the issuance of a special use permit by the board of aldermen.

a.

The owner or owners of all property included in the petition for a special use permit shall submit a complete application and three copies of a site plan (drawn in accordance with the specifications listed in section 42-167 to the administrative officer. The administrative officer will schedule the application to be heard by the board of aldermen in accordance with the adopted time schedule. The administrative officer shall also notify the commanders of Fort Liberty, Pope Air Force Base, and Simmons Army Airfield of any application affecting the use of property located within five miles or less of the perimeter boundary of said bases in accordance with G.S. 160D-601(b).

b.

Developers are encouraged to discuss their special use plans with the administrative officer before submission. The administrative officer shall assist the developer upon request by reviewing special use plans to ensure that the technical requirements of this chapter are met before submission to the board of aldermen. All applications and site plans shall provide information indicating compliance with the development standards for the individual uses as listed in section 42-91 as applicable, and the height and area regulations for the zoning district in which they are located, unless the provisions for the special use provide to the contrary.

(3)

Consideration of application. The board of aldermen shall consider the application, site plan and any other evidence presented in accordance with this chapter at an evidentiary hearing and may grant or deny the special use permit requested based on a quasi-judicial decision.

Notice of evidentiary hearings conducted pursuant to this section shall be mailed to the person or entity whose appeal, application, or request is the subject of the hearing; to the owner of the property that is the subject of the hearing if the owner did not initiate the hearing; to the owners of all parcels of land abutting the parcel of land that is the subject of the hearing; and to any other persons entitled to receive notice. In the absence of evidence to the contrary, the town may rely on the county tax listing to determine owners of property entitled to mailed notice. The notice must be deposited in the mail at least ten days, but not more than 25 days, prior to the date of the hearing. Within that same time period, the town shall also prominently post a notice of the hearing on the site that is the subject of the hearing or on an adjacent street or highway right-of-way. The board of aldermen may continue an evidentiary hearing that has been convened without further advertisement. If an evidentiary hearing is set for a given date and a quorum of the board is not then present, the hearing shall be continued until the next regular board meeting without further advertisement.

Members of the board of aldermen exercising quasi-judicial functions pursuant to this section shall not participate in or vote on any quasi-judicial matter in a manner that would violate affected persons' constitutional rights to an impartial decision maker. Impermissible violations of due process include, but are not limited to, a member having a fixed opinion prior to hearing the matter that is not susceptible to change, undisclosed ex parte communications, a close familial, business, or other associational relationship with an affected person, or a financial interest in the outcome of the matter

In granting a special use permit, the board shall find that:

a.

The use will not materially endanger the public health or safety if located according to the plan submitted and recommended;

b.

The use meets all required conditions and specifications;

c.

The use will maintain or enhance the value of adjoining or abutting properties, or that the use is a public necessity; and

d.

The location and character of the use, if developed according to the plan as submitted and recommended, will be in harmony with the area in which it is to be located and is in general conformity with the town's adopted comprehensive plan.

(4)

Final disposition. Per G.S. 160D-705, prior to the granting of any special use, the board of aldermen may stipulate, such conditions and restrictions as agreed upon by the applicant. Reasonable and appropriate conditions and safeguards may be imposed upon the special use permits. Where appropriate, such conditions may include requirements that street and utility rights-of-way be dedicated to the public and that provision be made for recreational space and facilities. Conditions and safeguards imposed under this subsection shall not include requirements for which the town does not have authority under statute to regulate nor requirements for which the courts have held to be unenforceable if imposed directly by the town, including, without limitation, taxes, impact fees, building design elements within the scope of G.S. 160D-702(b), driveway-related improvements in excess of those allowed in G.S. 136-18(29) and G.S. 160A-307, or other unauthorized limitations on the development or use of land.

(5)

Expiration of permits. Any special use granted becomes null and void if not exercised within two calendar years from the date of such approval.

(6)

Modifications to plans. The administrative officer may approve minor modifications to special use permits that do not involve a change in uses permitted or the density of overall development permitted. Any other modification or revocation of a special use permit shall follow the same process for approval as is applicable to the approval of a special use permit. If multiple parcels of land are subject to a special use permit, the owners of individual parcels may apply for permit modification so long as the modification would not result in other properties failing to meet the terms of the special use permit or regulations. Any modifications approved apply only to those properties whose owners apply for the modification. The regulation may require that special use permits be recorded with the register of deeds.

(7)

Noncompliance. If for any reason any standard or condition imposed pursuant to this chapter is found to be illegal or invalid, the special use permit shall be null and void and of no effect, and the administrative officer shall institute proceedings for the case to be reheard by the board of aldermen.

a.

Compliance with all the conditions of a special use permit is an essential element of the special use permit's continued validity and effectiveness. If the administrative officer determines that a permittee has failed to comply with a condition of an approved special use permit, he shall so notify the permittee or the permittee's successor in interest and shall place the matter on the board of aldermen's agenda for the board's decision whether or not to revoke the special use permit. The town shall follow the same process required for issuance of the special use permit, including any required notice or hearing, in the review and approval of any revocation of that approval.

b.

Special use 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 any applicable town regulation or any state law delegated to the town for enforcement purposes in lieu of the state; or for false statements or misrepresentations made in securing the approval. Any development approval mistakenly issued in violation of an applicable State or local law may also be revoked.

(8)

Appeals. No appeal may be taken from the action of the board of aldermen in granting or denying a special use permit except through the county's superior court per G.S. 160D-1402 within 30 days after the special use permit was served.

(Code 1978, § 12.120(d); Code 1995, § 156.148; Ord. of 1-10-1972; Ord. No. 2007-5, § 156.148, 11-26-2007; Ord. No. (2021)1, 6-28-2021; Minutes of 8-14-2023)

Each applicant for rezoning either a general or Conditional District, administrative appeals, variances or special use permits shall pay a nonrefundable fee in accordance with fee schedule recommended by the planning board and adopted by the board of aldermen.

(Code 1978, § 12.122; Code 1995, § 156.149; Ord. of 1-10-1972; Ord. of 5-14-1990; Ord. No. 2007-5, § 156.149, 11-26-2007; Ord. No. (2021)1, 6-28-2021)

The regulations and the number, area, and boundaries of districts established by this chapter may be amended, supplemented, changed, modified, or repealed by the board of aldermen on its own motion or on a petition after a public notice and hearing as provided by law, but no amendment shall become effective unless it is first submitted to and reported on by the planning board. The planning board upon its own initiative may hold legislative public hearings, public notice of which shall be given, for the consideration of any proposed amendment of the provisions of this chapter, or the zoning map, and report its recommendation to the board of aldermen. Failure of the planning board to make a recommendation within a period of 30 days after the amendment has been referred to it shall constitute a favorable recommendation. No application to rezone any property shall be considered more than one time in any 12-month period, provided that this section shall not apply to rezoning proposals originated by the planning board or the board of aldermen.

(a)

Legislative public hearings shall provide the following public notices:

(1)

Per G.S. 160D-601(a), before action on the amendment, the town shall hold a legislative public hearing. A notice of the hearing shall be given once a week for two consecutive calendar weeks in a newspaper have general circulation in the area. The notice shall be published the first time not more than 25 nor less than ten days before the date fixed for the hearing. In computing such period, the day of publication is not to be included, but the day of the hearing shall be included.

(2)

When zoning regulations are changed or property is rezoned (zoning map amendment), the owner of that parcel affected by such rezoning parcels of land as shown on the county tax listing and the owners of all parcels of land abutting that parcel of land as shown on the county tax listing, shall be mailed a notice of a public the hearing on a proposed zoning map amendment by first class mail at the last addresses listed for such owners on the county tax abstracts. For the purpose of this section, properties are "abutting" even if separated by a street, railroad, or other transportation corridor. This notice must be deposited in the mail at least ten but not more than 25 days prior to the date of the public hearing. If the zoning map amendment is being proposed in conjunction with an expansion of municipal extraterritorial planning and development regulation jurisdiction under G.S. 160D-602, a single hearing on the zoning map amendment and the boundary amendment may be held. In this instance the initial notice of the zoning map amendment hearing may be combined with the boundary hearing notice and the combined hearing notice mailed at least 30 days prior to the hearing.

(3)

The property shall also be posted at least ten days but not more than 25 days before the public hearing. When multiple parcels are included within a proposed zoning map amendment, a posting on each individual parcel is not required, but the town shall post sufficient notices to provide reasonable notice to interested persons.

(b)

Recommendation by planning board. The planning board shall consider and provide written recommendations to the board of aldermen concerning each proposed zoning text or map amendment. Per G.S. 160D-604(d), when conducting a review of a proposed zoning text or map amendments pursuant to this section, the planning board shall advise and comment on whether the proposed action is consistent with any comprehensive plan that has been adopted and any other officially adopted plan that is applicable. The planning board shall provide a written recommendation to the board of aldermen that addresses plan consistency and other matters as deemed appropriate by the planning board, but a comment by the planning board that a proposed amendment is inconsistent with the comprehensive plan shall not preclude consideration or approval of the proposed amendment by the town board. If a zoning map amendment qualifies as a "large-scale rezoning" under G.S. 160D-602(b), the planning board statement describing plan consistency may address the overall rezoning and describe how the analysis and policies in the relevant adopted plans were considered in the recommendation made.

A planning board member shall not vote on any advisory or legislative decision regarding a development regulation adopted pursuant to this ordinance where the outcome of the matter being considered is reasonably likely to have a direct, substantial, and readily identifiable financial impact on the member. A planning board member shall not vote on any zoning amendment if the landowner of the property subject to a rezoning petition or the applicant for a text amendment is a person with whom the member has a close familial, business, or other associational relationship.

(c)

Action by board of aldermen. Before making a legislative decision, the board of aldermen shall consider the planning board's recommendation on each proposed zoning text or map amendment. A board of aldermen member shall not vote on any legislative decision regarding a development regulation adopted pursuant to this ordinance where the outcome of the matter being considered is reasonably likely to have a direct, substantial, and readily identifiable financial impact on the member. A board of aldermen member shall not vote on any zoning amendment if the landowner of the property subject to a rezoning petition or the applicant for a text amendment is a person with whom the member has a close familial, business, or other associational relationship.

Per G.S. 160D-605, when adopting or rejecting any zoning text or map amendment, the board of aldermen shall approve a brief statement describing whether its action is consistent or inconsistent with an adopted comprehensive plan. The requirement for a plan consistency statement may also be met by a clear indication in the minutes of the board of aldermen that at the time of action on the amendment the board of aldermen was aware of and considered the planning board's recommendations and any relevant portions of an adopted comprehensive plan. If a zoning map amendment is adopted and the action was deemed inconsistent with the adopted plan, the zoning amendment shall have the effect of also amending any future land-use map in the approved plan, and no additional request or application for a plan amendment shall be required. A plan amendment and a zoning amendment may be considered concurrently. The plan consistency statement is not subject to judicial review. If a zoning map amendment qualifies as a "large-scale rezoning" under G.S. 160D-602(b), the board of aldermen shall provide a statement describing plan consistency may address the overall rezoning and describe how the analysis and policies in the relevant adopted plans were considered in the action taken.

When adopting or rejecting any petition for a zoning map amendment, a statement analyzing the reasonableness of the proposed rezoning shall be approved by the board of aldermen. This statement of reasonableness may consider, among other factors, (i) the size, physical conditions, and other attributes of the area proposed to be rezoned, (ii) the benefits and detriments to the landowners, the neighbors, and the surrounding community, (iii) the relationship between the current actual and permissible development on the tract and adjoining areas and the development that would be permissible under the proposed amendment; (iv) why the action taken is in the public interest; and (v) any changed conditions warranting the amendment. If a zoning map amendment qualifies as a "large-scale rezoning" under G.S. 160D-602(b), the board of aldermen statement on reasonableness may address the overall rezoning.

(Code 1978, § 12.121; Code 1995, § 156.150; Ord. of 1-10-1972; Ord. No. (2021)1, 6-28-2021)

Editor's note— Ord. No. (2021)1, adopted June 28, 2021, repealed § 42-364, which pertained to variance and derived from Code 1978, § 12.120(c); Code 1995, § 156.151; Ord. of 1-10-1972.

Editor's note— Ord. No. (2021)1, adopted June 28, 2021, repealed § 42-365, which pertained to zoning advertisement permits and derived from Code 1978, § 8.42; Code 1995, § 156.152; Ord. of 7-19-1979.

Editor's note— Ord. No. (2021)1, adopted June 28, 2021, repealed § 42-366, which pertained to planned commercial and industrial districts to conform with development plans and derived from Code 1978, § 12.120(e); Code 1995, § 156.153; Ord. of 1-10-1972; Ord. of 11-25-1991.

Editor's note— Ord. No. (2021)1, adopted June 28, 2021, repealed § 42-367, which pertained to hearings and derived from Code 1978, § 12.120(a); Code 1995, § 156.155; Ord. of 1-10-1972.

Editor's note— Ord. No. (2021)1, adopted June 28, 2021, repealed § 42-368, which pertained to appeals and derived from Code 1978, § 12.120(b); Code 1995, § 156.156; Ord. of 1-10-1972.

In their interpretation and application, the provisions of this chapter shall be considered minimum requirements adopted for the promotion of the public health, safety, morals, convenience, order, prosperity, general welfare and protection of the property rights of the community. Where other ordinances or regulations heretofore adopted hereafter impose greater restrictions than those specified in this article, compliance with such other ordinances or regulations is mandatory.

(Code 1978, § 12.123; Code 1995, § 156.157; Ord. of 1-10-1972)

In case any structure is erected, constructed, reconstructed, altered, repaired, converted, or maintained, or any structure or land use is in violation of this chapter, the town, in addition to other remedies, may institute any appropriate action or proceedings:

(1)

To prevent such unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance or use.

(2)

To restrain, correct, or abate such violation.

(3)

To prevent the occupancy of said building, structure or land.

(4)

To prevent any illegal act, conduct, business, or use in or about such premises.

(Code 1978, § 12.119(d)(1); Code 1995, § 156.158; Ord. of 1-10-1972)

A violation of this chapter shall constitute a misdemeanor, punishable upon conviction thereof, by a fine not exceeding $50.00 or imprisonment not exceeding 30 days. Each day that the violation continues to exist shall be considered a separate offense.

(Code 1978, § 12.119(d)(2); Code 1995, § 156.999; Ord. of 1-10-1972)