This ordinance shall be administered and enforced by the zoning enforcement officer, who shall be appointed by the city manager. The zoning enforcement officer may appoint agents to act on his behalf. If the zoning enforcement officer shall find that any of the provisions of this ordinance are being violated, he shall notify the person responsible for such violation, indicating the nature of the violation and ordering the action necessary to correct it. He shall order discontinuance of illegal use of land, buildings, or structures; removal of illegal buildings or structures or additions, alterations, or structural changes thereto; [and] discontinuance of any illegal work being done; or shall take any other action authorized by this ordinance to ensure compliance with or to prevent violations of its provisions. If inspecting a property or building, the zoning administrator or designated staff must enter the premises during reasonable hours and upon presenting credentials; provided appropriate consent has been given for areas not open to the public or an administrative search warrant to inspect has been secured.

No staff member shall 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 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. Close familial relationship" means a spouse, parent, child, brother, sister, grandparent, or grandchild. The term includes the step, half and in-law relationships.

No staff member shall be financially interested or employed by a business that is financially interested in a development subject to regulation by the City of Thomasville unless the staff member is the owner of the land or building involved. No staff member or other individual or an employee of a company contracting with a local government to provide staff support shall engage in any work that is inconsistent with his or her duties or with the interest of the local government, as determined by the local government.

(Ord. No. 06-2021-ORD12, § 1(Exh. 1), 6-21-21)

No land shall be used or occupied and no building hereafter structurally altered, erected, or moved shall be used, or its use changed, until a zoning permit shall have been issued by the zoning enforcement officer stating that the building and/or the proposed use thereof complies with the provisions of this ordinance. No building permit shall be issued and no building shall be occupied until that permit is approved. A record of all permits shall be kept on file in the office of the zoning enforcement officer and copies shall be furnished, on request, to any persons having a proprietary or tenancy interest in the building erected. The zoning enforcement officer shall collect such fees for the issuance of zoning permits as are authorized by the fee schedule as adopted by the city council. The issuance of a valid zoning permit shall confer with it the right to undertake and complete the development and/or use of property under the terms and conditions of such permit provided that such action as authorized by the permit is commenced within 180 days of issuance. Otherwise the permit shall be void.

(1)

Application procedures. Each application for a zoning permit shall be accompanied by a plan in duplicate, drawn to scale, one copy of which shall be returned to the owner upon approval.

The plan shall show the following:

a.

The shape and dimensions of the lot on which the proposed building or use is to be erected or conducted;

b.

The location of the said lot with respect to adjacent rights-of-way;

c.

The shape, dimensions, and location of all buildings, existing and proposed, on the said lot;

d.

The nature of the proposed use of the building or land, including the extent and location of the use, on the said lot;

e.

The location and dimensions of off-street parking and the means of ingress and egress to such space; and

f.

Any other information which the zoning enforcement officer may deem necessary for consideration in enforcing the provisions of this ordinance.

(2)

Right of appeal. If the zoning permit is denied, the applicant may appeal the action of the zoning enforcement officer to the board of adjustment as provided for herein.

(3)

Notice of determination and time to appeal. If written notice of determination of a decision is not received at the public hearing or other methods and needs to be sent by first-class mail, it is presumed to have been received on the third business day after it is sent to the owner or the party who has sought the determination.

(Ord. No. 06-2021-ORD12, § 1(Exh. 1), 6-21-21)

It is the intention of this ordinance that all questions arising in connection with the enforcement of this ordinance shall be presented first to the zoning enforcement officer and that such questions shall be presented to the board of adjustment only on appeal from the zoning enforcement officer; and that from the decision of the board of adjustment recourse shall be to courts as provided by law. It is further the intention of this ordinance that the duties of the city council in connection with the ordinance shall not include the hearing and passing upon disputed questions that may arise in connection with the enforcement thereof, but the procedure for determining such questions shall be as herein set out in the ordinance, and that the duties of the city council in connection with this ordinance shall be only the duty of considering and passing upon any proposed amendment or repeal of the ordinance as provided by law.

1.

Authorization to confer vested rights. In any case, the authorization of a zoning or development approval shall confer upon the specific development plan as approved, vested rights as provided for in G.S. 160D-108.1. Such approvals as authorized shall remain vested as outlined below in section a. Duration of approvals from the date of the action authorizing the issuance of such approval. However, no development authorized by such approvals shall be commenced without a zoning or development approval. The zoning administrator shall make an initial determination as to the existence of the vested right. The decision of the zoning administrator or officer may be appealed under G.S. 160D-405. 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 bring an original civil action as provided by G.S. 160D-405(c)

2.

Procedure. In any other case where the applicant for a zoning or development approval desires to obtain such vested rights, the applicant shall observe the following procedures:

a.

The applicant shall submit to the zoning enforcement officer seven copies of a site-specific vesting plan drawn to scale describing with reasonable certainty the type and intensity of use for the specific parcel or parcels of land. Such plan shall include:

(a)

The boundaries of the site;

(b)

Significant topographical and other natural features affecting the development of the site;

(c)

The location on the site of the proposed buildings, structures, and other improvements;

(d)

The dimensions, including height, of the proposed buildings and other structures;

(e)

The location of all existing and proposed infrastructure on the site, including water, sewer, roads and walkways; and

(f)

Such other information as the zoning enforcement officer may determine to be necessary in order to determine the specifics of the plan.

b.

Quasi-judicial evidentiary public hearing; notice thereof. Upon receipt of a properly prepared site-specific vesting plan the zoning enforcement officer shall arrange to bring such plan before the board of planning and adjustment in the manner of a quasi-judicial evidentiary public hearing. Completed plans shall be received a minimum of 25 days prior to the public hearing at which the proposed vested rights plan is scheduled to be considered by the board. Notice of the public hearing shall be given in the same manner as that required for an amendment to the zoning ordinance.

In considering an application for a zoning or development approval with vested rights the board of planning and adjustment shall give due regard that the purpose and intent of this ordinance shall be served, public safety and welfare secured and substantial justice done. If the board should find, after public hearing, that the proposed or development approval should not be granted, such proposed shall be denied.

The issuance of a zoning or development approval is intended to demonstrate that the plans, specifications and the intended use of land as well as existing or proposed structure(s) conforms in all respects to the provisions of this Ordinance.

All zoning or development approval applications shall be made in print or electronic writing by a person with a property interest or a contract to purchase property to the zoning administrator on forms provide for that purpose. A record of all such applications shall be kept on file by the zoning administrator. If electronic writing is used, then it must be protected from further editing pursuant of G.S. 160D-403(a).

In granting such zoning or development approval, the board of planning and adjustment shall make the following affirmative findings:

(a)

The use requested is among those listed as a permitted use in the district in which the subject property is located or is to be located and complies with all the requirements of this ordinance and other applicable ordinances.

(b)

The requested approval is either essential or desirable for the public convenience or welfare.

(c)

The requested approval will not impair the integrity or character of the surrounding or adjoining districts, and will not be detrimental to the health, safety or welfare of the community.

(d)

Adequate utilities, access roads, drainage, sanitation and/or other necessary facilities have been or are being provided.

In granting a zoning or development approval with vested rights, the board of planning and adjustment may impose such additional restrictions and requirements upon such approval as it may deem necessary in order that the purpose and intent of this ordinance are served, public welfare secured and substantial justice done. Approval of a site-specific vesting plan with the condition that a variance or modification be obtained shall not confer a vested right unless and until the necessary variance or modification is obtained. If all requirements and conditions are accepted by the applicant, the board shall authorize the issuance of the approval, otherwise the approval shall be denied. Any approval so authorized shall remain vested for a period of two years from the date of the action granting the approval unless outlined differently in a multi-phase development or development agreement.

c.

Ordinance required. A development regulation shall be adopted by ordinance in accordance to G.S. 160D-601.

3.

Violations. Any violation of a term or condition involved in the granting of a zoning or development approval with vested rights shall be treated the same as a violation of this ordinance and shall be subject to the same remedies and penalties as any such violation. In addition, the board of planning and adjustment may, after public hearing, revoke any such vested rights for failure to abide by any such term or condition.

4.

Other ordinances apply. The establishment of a vested right shall not preclude the application of overlay zoning which imposes additional requirements but does not affect the allowable type or intensity or use, or ordinances or regulations which are general in nature and are applicable to all property subject to land use regulation, including, but not limited to, building, fire, mechanical, electrical and plumbing codes.

5.

Changes or amendments. No change or amendment to any or development approval with vested rights shall be made except after public hearing and except as provided for in this ordinance for the original issuance of such approval. If, at the time of consideration of proposed change or amendment to an existing or development approval, such approval or proposed change or amendment could not be lawfully made under ordinance conditions existing at that time, such proposed change or amendment shall be denied. In addition, in no case shall there be an extension of the two-year time period for which such development right is vested. Nothing herein shall exempt plans related to such approval for subsequent reviews to ensure compliance with the terms and conditions of the original approval, provided that such reviews and approvals are not inconsistent with the original approvals.

If a land development regulation is amended between the time a development permit application was submitted and a development permit decision is made or if a land development regulation is amended after a development permit decision has been challenged and found to be wrongfully denied or illegal, G.S. 143-755 applies.

6.

Statement of consistency and reasonableness.

(a)

Amendments to this ordinance shall be accompanied by a statement describing the level of consistency or inconsistency of the amendment with adopted comprehensive plans for the town in accordance with G.S. 160D-605(a).

(b)

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.

(c)

When adopting or rejecting any petition for a zoning map amendment, a statement analyzing the reasonableness of the proposed rezoning shall be made by the planning board and recommended to the governing board. This statement of reasonableness may consider, among other factors, (1) the size, physical conditions, and other attributes of the area proposed to be rezoned, (2) the benefits and detriments to the landowners, the neighbors, and the surrounding community, (3) 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; (4) why the action taken is in the public interest; and (5) any changed conditions warranting the amendment. If a zoning map amendment qualifies as a "large-scale rezoning" under G.S. 160D-602(b), the governing board statement on reasonableness may address the overall rezoning. The statement of reasonableness and plan consistency may be approved by a single statement.

7.

Development approvals run with the land. Unless provided otherwise by law, all rights, privileges, benefits, burdens, and obligations created by development approvals attach to and run with the land.

Amendments to the development regulations shall not be applicable or enforceable with regard to development that has been permitted or approved pursuant to G.S. 160D-108 long as one of the types of approvals listed in this subsection remains valid and unexpired. Each type of vested right listed in this subsection is defined by and is subject to the limitations provided in this section. Vested rights established under this section are not mutually exclusive. The establishment of a vested right under this section does not preclude the establishment of one or more other vested rights or vesting by common law principles.

1.

Vested rights established by the City of Thomasville approvals are as follows:

(a)

Six months - Building permits. Pursuant to G.S. 160D-1109, a building permit expires six months after issuance unless work under the permit has commenced. Building permits also expire if work is discontinued for a period of 12 months after work has commenced.

(b)

One year - Other local development approvals. Pursuant to G.S. 160D-403(c), unless otherwise specified by statute or local ordinance, all other local development approvals expire one year after issuance unless work has substantially commenced. Expiration of a local development approval shall not affect the duration of a vested right established under this section or vested rights established under common law.

(c)

Two years - Site-specific vesting plans.

i.

Duration. A vested right for a site-specific vesting plan shall remain vested for a period of two years. This vesting shall not be extended by any amendments or modifications to a site-specific vesting plan unless expressly provided by City of Thomasville ordinance.

ii.

Relation to building permits. A right vested as provided in this subsection shall terminate at the end of the applicable vesting period with respect to buildings and uses for which no valid building permit applications have been filed. Upon issuance of a building permit, the provisions of G.S. 160D-1109 and G.S. 160D-1113 shall apply, except that the permit shall not expire or be revoked because of the running of time while a vested right under this subsection exists.

iii.

Requirements for site-specific vesting plans. For the purposes of this section, a "site-specific vesting plan" means a plan submitted to the City of Thomasville describing with reasonable certainty the type and intensity of use for a specific parcel or parcels of property. The plan may be in the form of, but not be limited to, any of the following plans or approvals; a planned unit development plan, a subdivision plat, a site plan, a preliminary or general development plan, a special use permit, a conditional zoning, or any other development approval as guided by the City of Thomasville ordinance. What constitutes a site-specific vesting plan shall be defined by the relevant development regulation, and the development approval that triggers vesting shall be so identified at the time of its approval. At a minimum the regulation shall designate a vesting point earlier than the issuance of a building permit. In absence of a regulation setting forth what constitutes a site-specific vesting plan, any development approval shall be considered to be a site-specific vesting plan. A variance shall not constitute a site-specific vesting plan and approval of a site-specific vesting plan with the condition that a variance be obtained shall not confer a vested right unless and until the necessary variance is obtained. If a sketch plan or other document fails to describe with reasonable certainty the type and intensity of use for a specified parcel or parcels of property, it may not constitute a site-specific vesting plan.

iv.

Process for approval and amendment of site-specific vesting plans. If a site-specific vesting plan is based on an approval required by the development regulations, a notice and hearing is required for that underlying approval. If the duration of the underlying approval is less than two years, that shall not affect the duration of the site-specific vesting plan established under this subdivision. If the site-specific vesting plan is not based on such an approval, a legislative hearing with notice as required by G.S. 160D-602 shall be held. The City of Thomasville may approve a site-specific vesting plan upon such terms and conditions as may reasonably be necessary to protect the public health, safety, and welfare. Such conditional approval shall result in a vested right, although failure to abide by its terms and conditions will result in a forfeiture of vested rights. The City of Thomasville shall not require a landowner to waive vested rights as a condition of developmental approval. A site-specific vesting plan shall be deemed approved upon the effective date of the local government's decision approving the plan or such other date as determined by the governing board upon approval. An approved site-specific vesting plan and its conditions may be amended with the approval of the owner and the local government as follows: any substantial modification must be reviewed and approved in the same manner as the original approval; minor modifications may be approved by the Zoning Administrator, if such are defined and authorized by local regulation.

(d)

Seven years - Multiphase developments. A multiphase development shall be vested for the entire development with the zoning regulations, subdivision regulations, and unified development ordinances in place at the time a site plan approval is granted for the initial phase of the multiphase development. This right shall remain vested for a period of seven years from the time a site plan approval is granted for the initial phase of the multiphase development. For purposes of this subsection, "multiphase development" means a development containing 25 acres or more that (i) is submitted for site plan approval for construction to occur in more than one phase and (ii) is 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.

(e)

Indefinite development agreements. A vested right of reasonable duration may be specified in a development agreement approved under G.S. 160D-1001.

2.

Continuing review. Following approval or conditional approval of a statutory vested right a local government may make subsequent reviews and require subsequent approvals by the local government 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. The local government may revoke the original approval for failure to comply with applicable terms and conditions of the original approval or the applicable local development regulations.

3.

Status at expiration of term. A right which has been vested shall terminate at the end of the specific vesting period with respect to buildings and uses for which no valid building permit applications have been filed. Upon issuance of a building permit, the provisions of G.S. 160D-1111 and G.S. 160D-1115 shall apply except that a building permit shall not expire or be revoked because of the running of time while a vested right under this section is outstanding. Any development constructed pursuant to a zoning permit with vested rights for which the vested term has expired and which is not in conformance with all the terms of this ordinance because of changes made in the provisions of this ordinance, including the zoning map, after the issuance of such permit shall be subject to the provisions of this ordinance relating to nonconformities the same as any other nonconformity.

4.

Annexation declaration. Any landowner who signs an annexation petition to the city pursuant to G.S. 160A-31 or G.S. 160A-58.1 shall, as part of that petition, file a signed statement declaring whether or not vested rights with respect to the property subject to the petition have been established under G.S. 160D-108. If the statement declares that such rights have been established, the city may require petitioners to provide proof of such rights. A statement which declares that no vested rights have been established by law shall be binding on the landowner and any such vested right shall be terminated.

Any violation of the terms of this ordinance [article] shall subject the violator to the penalties and remedies, either criminal or civil or both, as set forth in section 1-7 of the Code of City of Thomasville.

(a)

Intent. Where determination of compliance with a development standard can be made by the zoning administrator using equipment normally available or obtainable without extraordinary expense, such determinations shall be so made.

However, where technical complexity or extraordinary expense makes it unreasonable for the county to maintain the personnel or equipment necessary for making difficult or unusual determinations, the following procedures shall be followed to protect individuals from arbitrary, capricious, and unreasonable administration and enforcement of performance standard regulations, and to protect the general public from unnecessary costs for administration and enforcement.

(b)

Determinations and notice of determinations. The zoning administrator making the determination shall 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.

It shall be conclusively presumed that all persons with standing to appeal have constructive notice of the determination from the date a sign providing notice that a determination has been made is prominently posted on the property that is the subject of the determination, provided the sign remains on the property for at least ten days. The sign shall contain the words "Zoning Decision" or "Subdivision Decision" or similar language for other determinations in letters at least six inches high and shall identify the means to contact a local government staff member for information about the determination. Posting of signs is not the only form of constructive notice. Any such posting shall be the responsibility of the landowner, applicant, or person who sought the determination. Verification of the posting shall be provided to the staff member responsible for the determination. Absent an ordinance provision to the contrary, posting of signs shall not be required.

(c)

Procedure where zoning administrator cannot make final determination. If, in the considered judgment of the zoning administrator, there is probably violation of the performance standards as set forth in this ordinance, the following procedures shall be followed.

i.

The zoning administrator shall give written notice by certified mail, to the person or persons responsible for the alleged violation. The notice shall describe the particulars of the alleged violations and the reasons why the zoning administrator believes there is a violation in fact, and shall require an answer or correction of the alleged violation to the satisfaction of the zoning administrator within a time limit set by the zoning administrator. The notice shall state, and is hereby declared that failure to reply or to correct the alleged violation to the satisfaction of the zoning administrator within the time limit set constitutes admission of violation of the terms of this ordinance.

ii.

The notice shall further request technical determinations as described in this ordinance to be made, and that if violations as alleged are found, costs of such determinations shall be charged against those responsible for the violation, in addition to such other penalties as may be appropriate.

iii.

If there is no reply within the time limit set, but the alleged violation is corrected to the satisfaction of the zoning administrator, it shall be noted "violation corrected" on a copy of the notice, and shall be retained among the official records, taking such other action as may be warranted.

iv.

If there is no reply within the time limit set and the alleged violation is not corrected to the satisfaction of the zoning administrator within the time limit set a notice of violation will be issued.

v.

If a reply is received within the time limit set indicating that the alleged violation will be corrected to the satisfaction of the zoning administrator, but requesting additional time, the zoning administrator may grant an extension, if it is deemed warranted in the circumstances of the case and if the extension will not likely cause imminent peril to life, health, or property.

vi.

If reply is received within the time limit set requesting technical determination as provided in this ordinance, and if the alleged violation continues, the zoning administrator may call in properly qualified experts to make the determination. If expert findings indicate violation of the performance standards, the cost of the determinations shall be assessed against the properties or persons responsible for the violation, in addition to such other penalties as may be appropriate.

vii.

If no violation is found, the costs of the determinations shall be paid by the town without assessment against the properties or persons involved.

1.

Violations. Any of the following shall be considered a violation of this ordinance and shall be subject to the enforcement remedies and penalties provided by this Article and by G.S. 160A-365, G.S. 160D-106 and G.S. 160D-404(c).

(a)

Development without a permit. To engage in any development, use, construction, remodeling or other activity of any nature upon the land or improvements thereon subject to the jurisdiction of this ordinance without all required permits, certificates or other forms of authorization as set forth in this ordinance.

(b)

Development inconsistent with a permit. To engage in any development, use, construction, remodeling, or other activity of any nature in any way inconsistent with any approved plan, permit, certificate, or other form of authorization granted for such activity.

(c)

Violation by act or omission. To violate, by act or omission, any term, variance or waiver, condition, or qualification placed by the governing body or its agent boards upon any required permit, certificate or other form of authorization for the use, development or other activity upon land or improvements thereon.

(d)

Use in violation. To erect, construct, reconstruct, alter, repair, convert, maintain or use any building or structure or to use any land in violation or contravention of this ordinance, or any other regulation made under the authority conferred thereby.

(e)

Subdivision in violation. To subdivide land in violation of this Ordinance or transfer or sell land by reference to, exhibition of, or any other use of a plat or map showing a subdivision of the land before the plat or map has been properly approved under this ordinance and recorded in the office of the register of deeds. The description by metes and bounds in the instrument of transfer or other document used in the process of selling or transferring land does not exempt the transaction from violation of this ordinance.

(f)

Continuation of a violation. Each day's violation of any provision of this ordinance is considered a separate and distinct offense.

When the zoning administrator or his agent finds a violation of this ordinance, it shall be his duty to notify the owner or occupant of the land, building, structure, sign, or use of the violation. The owner or occupant shall immediately remedy the violation.

1.

Notice of violation. If the owner or occupant of the land, building, sign, structure, or use in violation fails to take prompt corrective action, a notice of violation shall be delivered by the zoning administrator or designee 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. Except as provided by G.S. 160D-1123, 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. The notice should include the following information: the zoning administrator shall give the owner or occupant written notice, by certified or registered mail to his last known address, or by personal service or by posting notice of the violation conspicuously on the property.

a.

That the land, building, sign, structure, or use is in violation of this Ordinance;

b.

The nature of the violation, and citation of the section of this Ordinance violated; and

c.

The measures necessary to remedy the violation.

2.

Order of corrective action. If upon a hearing held pursuant to an appeal, the board of adjustment shall find that the owner or occupant is in violation of this ordinance, the board of adjustment shall make an order in writing to the owner or occupant affirming the violation and ordering compliance.

3.

Failure to comply with an order. If the owner or occupant of a property fails to comply with a notice of violation from which no appeal has been taken, or an order of corrective action following an appeal, the owner or occupant shall be subject to such remedies and penalties as may be provided for by general statute and Section 3 (Remedies). If the owner or occupant fails to comply with the remedies and penalties prescribed, enforcement shall be sought through an order of a court of competent jurisdiction.

Any one or all of the following procedures may be used to enforce the provisions of this ordinance.

1.

Injunction. Any violation of this ordinance or of any condition, order, or requirement, or remedy adopted pursuant hereto may be restrained, corrected, abated, mandated, or enjoined by other appropriate proceeding pursuant to state law.

2.

Civil penalties. Any person who violates any provisions of this ordinance shall be subject to the assessment of a civil penalty.

3.

Denial of permit or certificate. The zoning administrator may withhold or deny any permit certificate occupancy or other form of authorization on any land, building, sign, structure or use in which there is an uncorrected violation of a provision of this ordinance or of a condition or qualification of a permit certificate or other authorization previously granted.

4.

Conditional permit or temporary certificate. The zoning administrator may condition the authorization of any permit or certificate upon the correction of the deficiency, payment of civil penalties within a specified time, or the posting of a compliance security approved by appropriate governmental authority.

5.

Stop work order. Whenever a building, sign, or structure, or part thereof is being constructed, reconstructed, altered or repaired in violation of this ordinance or in a manner that endangers life or property, the zoning administrator may order the work to be immediately stopped. The order shall be in writing, directed to the person doing the work or activity, and shall state the specific work or activity to be stopped, the reasons therefor, and the conditions under which the work or activity may be resumed. A copy of the order shall be delivered to the holder of the development approval and to the owner of the property involved (if that person is not the holder of the development approval) by personal delivery, electronic delivery, or first-class mail. The person or persons delivering the stop work order shall certify to the local government that the order was delivered and that certificate shall be deemed conclusive in the absence of fraud. Except as provided by G.S. 160D-1112 and G.S. 160D-1208, a stop work order may be appealed pursuant to G.S. 160D-405. No further work or activity shall take place in violation of a stop work order pending a ruling on the appeal. Violation of a stop work order shall constitute a Class 1 misdemeanor. The stop order shall be in writing and directed to the owner, occupant, or person doing the work. The stop order shall state the specific work to be stopped, the specific reasons for the stoppage, and the conditions under which the work may be resumed. Such action shall be in accordance with G.S. 160D-404(b), G.S. 153A-361, and G.S. 160D-1112, as applicable, or the NC Building Code.

6.

Revocation of permits. The zoning administrator may revoke and require the return of a permit 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 permit, including any required notice or hearing, in the review and approval of any revocation of that approval. 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 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 permit by a staff member may be appealed pursuant to G.S. 160D-4-5. If an appeal is filed regarding a development regulation adopted by a local government pursuant to this chapter, the provisions of G.S. 160D-4-5(e) regarding stays shall be applicable, permit by notifying the permit holder in writing stating the reason for the revocation. Permits shall be revoked for any substantial departure from the approved application, plans, or specifications; refusal or failure to comply with the requirements of state or local laws, or for false statements or misrepresentations made in securing the permit. Any permit mistakenly issued in violation of an applicable state or local law may also be revoked.

7.

Corrective action. Following the issuance of an order of corrective action, the zoning administrator may authorize the correction of a zoning violation. The cost of such corrective action and accumulated penalties shall become a lien upon the property and shall be collected as unpaid taxes, pursuant to G.S. 44A-12.

(Ord. No. 06-2021-ORD12, § 1(Exh. 1), 6-21-21)