Stoneville City Zoning Code
ADMINISTRATION AND
ENFORCEMENT
§ 151.035 ADMINISTRATION AND ENFORCEMENT.
(A) Zoning Administrator. The Zoning Administrator shall be appointed by the Town Council. It shall be the duty of the Zoning Administrator to administer and enforce the provisions of this chapter, to pursue all available remedies for enforcement, and to settle all violations that involve the payment of money to the town.
(1) Delegation. The Zoning Administrator may designate other individuals to assist with carrying out the administration of this chapter under his or her authority.
(2) Records. The Zoning Administrator shall ensure that appropriate records are maintained of all permit applications, site plans and permits issued. These may be made available for inspection for interested parties.
(3) Inspection and enforcement. The Zoning Administrator shall conduct or authorize inspections of premises and take other lawful action to ensure compliance with the provisions of this chapter. If the Zoning Administrator shall find that any of the provisions of this chapter are being violated, he or she shall notify, in writing, the person responsible for such violation, indicating the nature of the violation and ordering the action necessary to correct it. He or she shall order the discontinuance of illegal use of land, buildings, or structures; the removal of illegal buildings or structures or of additions, alterations, or structural changes thereto; the discontinuance of any illegal work being done; and shall take any other action authorized by this chapter to ensure compliance with, or to prevent violation of, its provisions.
(4) Appeals. Appeals from a decision of the Zoning Administrator shall be made to the Board of Adjustment.
(5) Conflicts of interest. No staff member shall make a final decision on an administrative decision required by G.S. Ch. 160D 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.
(B) Planning Board. The Planning Board shall be appointed by the Town Council and shall consist of five regular members who shall be citizens and residents of the Town of Stoneville or the extra-territorial jurisdiction of the Town of Stoneville. There shall be a means of proportional representation based on a population for residents of the extraterritorial area to be regulated. The population estimates for this calculation shall be updated no less frequently than after each decennial census. There shall be at least one appointed member that is a resident of the extraterritorial planning and development regulation area. The Mayor may serve as an alternate member in the absence of a regular member. It shall be the duty of the Planning Board to review and make recommendations to the Town Council on all matters relating to the land use planning and zoning, including all comprehensive land use plans, within the jurisdiction of the Town of Stoneville, whenever such matters require the attention of the Town Council.
(1) Length of terms. Terms of appointment shall be for three years and there shall be no limits of appointment. Any appointee may be removed at any time with cause by a majority vote of the Town Council.
(2) Conduct of meetings. All meetings of the Planning Board shall be open to the public. The Board shall keep minutes of its proceedings showing the vote of each member upon each issue and the absence or failure of any member to vote. Minutes shall be maintained by the Town Clerk and shall be available for public review.
(3) Notice. The Board shall comply with North Carolina Public Meetings Law prior to the public meeting.
(4) Oath of office. Pursuant to G.S. § 160D-309 all members appointed to the Planning Board shall, before entering their duties, qualify by taking an oath of office as required by G.S. § 160A-61.
(5) Minutes. Pursuant to G.S. § 160D-308, the Planning Board shall keep minutes of its proceedings.
(6) Conflicts of interest. Members of the Planning Board shall not vote on any advisory or legislative decision regarding a development regulation adopted pursuant to G.S. Ch. 160D 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 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.
(Ord. passed 7-1-1980; Res. R-2021-03, passed 6-24-2021)
§ 151.036 PERMITS.
(A) Zoning permit for new, altered, or non-conforming uses.
(1) It shall be unlawful to use or occupy or to permit the use or occupancy of any building or premises, or both, or any part thereof which may be hereafter created, erected, changed, converted, (or wholly or partly altered or enlarged as to its use or structure) until a zoning permit shall have been issued therefor by the Zoning Administrator stating that the proposed use of the building or land conforms to the requirements of this chapter.
(2) No permit for the erection, alteration, moving or repair of any building shall be issued until an application has been made for a zoning permit in connection therewith. Such zoning permit shall be issued in conformity with the provisions of this chapter upon the satisfactory completion of the work.
(3) A temporary zoning permit may be issued by the Zoning Administrator for a period not exceeding six months during alterations or construction for partial occupancy of a building pending its completion, or for bazaars, carnivals, and revivals; provided that, such temporary permit shall require such conditions and safeguards as will protect the safety of the occupants and the public. The use of a mobile home as a temporary office or shelter also requires a temporary zoning permit. Mobile homes used in this fashion are not subject to the setback and skirting requirements which apply when the mobile home is used as a permanent residence (see § 151.086). No permit for temporary mobile home use shall exceed six months.
(4) The Zoning Administrator shall maintain a record of all zoning permits and copies shall be furnished upon request to any responsible and interested person.
(5) In case of the failure to obtain the required zoning permit, civil procedures may be followed as set out in § 151.019.
(6) The failure to obtain the necessary zoning permit shall be a violation of this chapter and shall be punishable under § 151.999.
(B) Construction and use to be as stated on building and zoning permits. Building permits and zoning permits issued on the basis of plans and applications approved by the Building Inspector (Zoning Administrator) authorize only the use, arrangement and construction set forth in such approved plans and applications. Any use, arrangement, or construction at variance with that authorized shall be deemed a violation of this chapter and shall be punishable as provided by § 151.999.
(Ord. passed 7-1-1980; Res. R-2021-03, passed 6-24-2021)
§ 151.037 ADMINISTRATIVE DEVELOPMENT APPROVALS AND DETERMINATIONS.
It shall be the responsibility of the Zoning Administrator to make determinations under development regulations.
(A) Determinations and notice of determination. Determinations shall be given in writing 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) Duration of development approval. A development approval issued expires one year after the date of issuance if the work authorized by the development approval has not been substantially commenced.
(C) Changes. After a development approval has been issued, no deviations from the terms of the application or the development approval shall be made until written approval of proposed changes or deviations has been obtained.
(D) Inspections. Administrative 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 local government 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.
(E) Revocation of development approvals. In addition to initiation of enforcement actions under G.S. § 160D-404, development approvals may be revoked by the local government issuing the development approval by notifying the 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 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 pursuant to G.S. § 160D-405.
(F) Appeals. If an appeal is filed regarding an administrative development approval or determination pursuant to this chapter, the provisions in § 151.069 regarding stays apply.
(G) Fees for appeals. A fee of $25 shall be paid to the town to cover administrative costs for each appeal to the Board and the payment of such fee shall be a prerequisite to the filing of such appeal with the Board.
(Res. R-2021-03, passed 6-24-2021)
§ 151.038 DUTIES OF ZONING ADMINISTRATOR AND BOARD OF ADJUSTMENT AS TO MATTERS OF APPEAL.
It is the intention of this chapter that all questions arising in connection with the enforcement of this chapter shall be presented first to the Zoning Administrator and that such questions shall come before the Board of Adjustment only on appeal from the Zoning Administrator; and that, from the decision of the Board, recourse shall be to the courts as provided by law. It is further the intention of this chapter that the duties of the Town Council shall be only the duty of considering and passing upon any proposed amendment or repeal of the chapter as provided by law.
(Ord. passed 7-1-1980; Res. R-2021-03, passed 6-24-2021)
§ 151.039 WATERSHED RECORDKEEPING.
Because the town and its extraterritorial planning jurisdiction is located entirely in either the protected areas of the Mayo or Dan Rivers WS-IV Watersheds, the Zoning Administrator shall have the following additional duties:
(A) Keep files of all amendments to the local water supply-watershed regulations and shall provide copies of amendments upon adoption to the Supervisor of the Classification and Standards Group, Water Quality Section, Division of Environmental Management, N.C. Department of Environment Health, and Natural Resources.
(B) Maintain a record of variances (including a description of each project and the reasons for granting the variance) to the watershed regulations and submit a copy to the Supervisor of the Classification and Standards Group, Water Quality Section, Division of Environmental Management by January 1 of each year.
(C) Notify all political jurisdictions within the watersheds of all proposed variances before any action by the Board of Adjustment or N.C. Environmental Management Commission (EMC).
(Ord. passed 9-7-1993; Res. R-2021-03, passed 6-24-2021)
§ 151.040 VESTED RIGHTS.
(A) Zoning "vested rights" as established under G.S. §§ 160D-102, 160D-108, and 160D-108.1, ensure that a properly issued development approval will protect the applicant against zoning changes that will affect the allowable type and intensity of use.
(B) (1) A person claiming a statutory or common law vested right may submit information to substantiate that claim to the Zoning Administrator. The Zoning Administrator shall determine if a vested right exists. The Zoning Administrator's determination may be appealed to the Board of Adjustment. On appeal the existence of a vested right shall be reviewed de novo. In lieu of seeking such a determination, a person claiming a vested right may take an original civil action appeal to the Rockingham County Superior Court.
(2) Process to claim vested right. A person claiming a statutory or common law vested right may submit information to substantiate that claim to the Zoning Administrator. The Zoning Administrator shall determine if a vested right exists. The Zoning Administrator's determination may be appealed to the Board of Adjustment. On appeal the existence of a vested right shall be reviewed de novo. In lieu of seeking such a determination, a person claiming a vested right may take an original civil action appeal to the Alamance County Superior Court.
(C) Duration and types of statutory vested rights.
(1) Six months: building permits. Pursuant to G.S. § 160D-1111, a building permit expires six months after issuance unless work under the permit has commenced. If after commencement the work is discontinued for a period of 12 months, the permit shall immediately expire. No work authorized by any building permit that has expired shall thereafter be performed until a new permit has been secured.
(2) One year: other development approvals. Pursuant to G.S. § 160D-403(c), unless otherwise specified by statute or local ordinance, all other development approvals expire one year after issuance unless work has substantially commenced. Expiration of a development approval shall not affect the duration of a vested right established under this section or vested rights established under common law.
(3) Two years: site-specific vesting development plans. A site-specific development plan shall be vested for two years after it is approved. Amendments shall not extend the vesting period unless specified at the time of approval.
(4) Seven years: multi-phase developments. A multi-phase development approved containing 25 acres or more and subject to a master development plan with committed elements including a requirement to offer land for public use as a condition of its master development plan approval.
(5) Exceptions. A vested right, once established as provided for by this section, precludes any zoning action by the town that would change, alter, impair, prevent, diminish, or otherwise delay the development or use of the property as set forth in an approved vested right, except those explicitly outlined in G.S. § 160D-108(f).
(Res. R-2021-03, passed 6-24-2021)
§ 151.041 PERMIT CHOICE.
If an application for development approval has been made and subsequent to the date of that application, a development regulation changes or is proposed, the development permit applicant may choose the version of the regulation existing at the time of the application. The applicant may choose the existing regulation without waiting for final action on the proposed regulation change.
(Res. R-2021-03, passed 6-24-2021)