The town board of commissioners shall designate a zoning enforcement officer to administer and enforce this ordinance. He may be assisted by such other persons as the town board of commissioners directs. If the zoning enforcement officer shall find that any of the provisions of this ordinance are being violated, upon the direction of the town board of commissioners he shall notify in writing the person responsible for such violations 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 other structures; removal of illegal buildings or other structures or additions, alterations, or structural changes thereto; discontinuance of any illegal work being done; or shall take any other action authorized by this ordinance to ensure compliance with or to prevent violation of its provisions. The notice of violation may be posted on the property. If posted, the zoning enforcement officer 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 section 8.9 of this ordinance.

The zoning enforcement officer shall make no 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 zoning enforcement officer or if the applicant or other person subject to that decision is a person with whom the zoning enforcement officer has a close familial, business, or other associational relationship. If the zoning enforcement officer has a conflict of interest under this section, the decision shall be assigned to the mayor.

(Ord. of 6-3-2021)

Before the erection, construction or alteration of any building or structure, or part of same, or change in use which would require a greater number of off-street parking spaces than originally required, there shall be submitted to the zoning enforcement officer, by the owner or his authorized agent, an application for a certificate of zoning compliance on appropriate forms to be furnished by the zoning enforcement officer. Each application shall be accompanied, as applicable, by a plat, drawn to scale, showing accurate dimensions of the lot to be built upon, accurate dimensions of the building and other structures to be constructed or altered, their proposed location on the lot, and the information required in section 7.3. If it shall appear to the zoning enforcement officer that the provisions of this ordinance are met, he then shall issue the certificate. Plats, plans and other information submitted to the zoning enforcement officer shall be kept on file in the town hall for future reference. It shall be within the discretion of the zoning enforcement officer to issue certificates of zoning compliance for minor construction work without plats, plans and other information.

(Ord. of 6-3-2021)

A board of adjustment ("board") is hereby established pursuant to G.S. 160D-302, consisting of five regular members to be appointed by the town council. All appointments to the board shall be for a period of three years, and all members of the board shall have equal rights, privileges and duties with regard to all matters within the town. Members of the board may be compensated according to a schedule adopted by the town council from time to time. Members of the board may be removed for cause by the town council upon written charges and after public hearing. In the filling of vacancies caused by the expiration of the terms of existing members, the town council may appoint certain members for less than three years so that the terms of all members shall not expire at the same time. The town council may appoint alternate members. If appointed, alternate members shall be appointed for the same term, at the same time, and in the same manner as regular members. Each alternate member serving on behalf of any regular member has all the powers and duties of a regular member.

(Ord. of 6-3-2021)

The board shall elect one of its members as chair, one of its members as a vice-chair, and shall appoint a secretary and other subordinates as it deems in its best interest. The board shall adopt any rules of procedure under which it will operate. Meetings of the board shall be held at the call of the chair, or in his absence the vice-chair, or at least two members of the board. All meetings of the board shall be open to the public. The board shall keep full and accurate minutes of its proceedings.

(Ord. of 6-3-2021)

The board shall have the following powers and duties:

(a)

Administrative review. To hear and decide appeals from and review any order, requirement, decision, or determination made by an administrative official charged with enforcement of this ordinance.

(b)

Interpretation. To interpret the terms of this ordinance and zoning maps and to pass upon disputed questions of lot lines or district boundary lines and similar questions as they arise in the administration of this ordinance.

(c)

Special use permits. To hear and decide special use permits in accordance with standards and procedures specified in this ordinance. Reasonable and appropriate conditions may be imposed upon these permits as follows:

(1)

Before it shall grant a special use permit, the board shall make a written finding that the proposed use:

(A)

Will not adversely affect the zoning plan and will not be detrimental to the area;

(B)

Will not adversely affect the health and safety of residents and workers in the area;

(C)

Will not be detrimental to adjacent properties and other neighborhood uses;

(D)

Will not be affected adversely by existing uses;

(E)

Will comply with dimension and parking requirements of this ordinance and, if required, will comply with the subdivision ordinance;

(F)

Will not constitute a nuisance or hazard because of the number of persons who will use the facility; i.e., traffic, noise, pollution or dangerous type of physical activity; and

(G)

Will comply with standards set forth for each particular use for which a permit is or may be granted.

(d)

Subpoena. To subpoena witnesses and compel the production of evidence, through the chair, or in the chair's absence anyone acting as the chair, may subpoena witnesses and compel the production of evidence. To request issuance of a subpoena, the applicant, town, or persons with standing under G.S. 160D-1402(c) may make a written request to the chair explaining why it is necessary for certain witnesses or evidence to be compelled. The chair shall issue requested subpoenas he or she determines to be relevant, reasonable in nature and scope, and not oppressive. The chair shall rule on any motion to quash or modify a subpoena. Decisions regarding subpoenas made by the chair may be appealed to the full board. If a person fails or refuses to obey a subpoena issued pursuant to this subsection, the board or the party seeking the subpoena may apply to the general court of justice for an order requiring that its subpoena be obeyed, and the court shall have jurisdiction to issue these orders after notice to all proper parties

(e)

Oath. The chair of the board, or any member acting as chair, and the clerk to the board are authorized to administer oaths to witnesses in any matter coming before the board. Any person who, while under oath during a proceeding before the board, willfully swears falsely is guilty of a class 1 misdemeanor.

(f)

Variance; in general. When unnecessary hardships would result from carrying out the strict letter of this ordinance, the board may vary any of the provisions of the ordinance upon a showing of all of the following:

(1)

Unnecessary hardship would result from the strict application of the ordinance. It shall not be necessary to demonstrate that, in the absence of the variance, no reasonable use can be made of the property.

(2)

The hardship results from conditions that are peculiar to the property, such as location, size, or topography. Hardships resulting from personal circumstances, as well as hardships resulting from conditions that are common to the neighborhood or the general public, may not be the basis for granting a variance.

(3)

The hardship did not result from actions taken by the applicant or the property owner. The act of purchasing property with knowledge that circumstances exist that may justify the granting of a variance shall not be regarded as a self-created hardship.

(4)

The requested variance is consistent with the spirit, purpose, and intent of the ordinance, such that public safety is secured, and substantial justice is achieved.

Provided, however, no change in permitted uses may be authorized by variance. Appropriate conditions may be imposed on any variance, provided that the conditions are reasonably related to the variance.

(g)

Variance; Federal Fair Housing Act. Notwithstanding the provisions of subparagraph (f) above, the Board may provide for a variance under the Federal Fair Housing Act upon the following:

(1)

Application requirements; determination of completeness.

(A)

Persons authorized to file applications. An application for a reasonable accommodation may be filed only by the owner of the land affected by the reasonable accommodation; an agent, lessee, or contract purchaser specifically authorized by the owner to file such application; or any unit of government that is not the owner of the lot but proposes to acquire the lot by purchase, gift, or condemnation.

(B)

Pre-application conference. Before filing an application for a reasonable accommodation, the applicant may request a pre-application conference with the zoning enforcement officer.

(C)

Application filing. An application for a reasonable accommodation shall be filed with the zoning enforcement officer. No filing fee is required for such application. Once the application is complete, the zoning enforcement officer shall schedule the application for consideration at a hearing before the board, and shall transmit to the board all applications and other records pertaining to such reasonable accommodation prior to the hearing on the application.

(2)

Approval criteria. The board shall grant a reasonable accommodation to any provision of the ordinance if it finds by a greater weight of the evidence that the proposed reasonable accommodation is determined to be both reasonable and necessary, in accordance with the following:

(A)

Reasonable. An accommodation will be determined to be reasonable if it would not undermine the legitimate purposes and effects of existing planning regulations, and if it will not impose significant financial and administrative burdens upon the town and/or constitute a substantial or fundamental alteration of the ordinance's provisions; and

(B)

Necessary. An accommodation will be determined to be necessary if it would provide direct or meaningful therapeutic amelioration of the effects of the particular disability or handicap, and would afford an equal opportunity to enjoy and use housing in residential areas in the town.

(3)

Effect of approval or denial.

(A)

After the board approves a reasonable accommodation, the applicant shall follow the normal procedures set forth in the ordinance, and any other applicable ordinance, for approval of any permits, certificates, and other approvals required in order to proceed with development or use of the property. All orders, decisions, determinations, and interpretations made by administrative officers under those procedures shall be consistent with the reasonable accommodation granted by the board.

(B)

The board shall refuse to hear a reasonable accommodation request that has been previously denied, unless it finds that there have been substantial changes in the conditions or circumstances relating to the matter.

(4)

Lapse. Failure of an applicant to apply for a building permit or any other required development permit, and commence uninterrupted construction or action with regard to a variance granted hereunder within one year of receiving approval of the reasonable accommodation shall automatically render the variance null and void.

(h)

Decision. As used in this ordinance, the term "decision" includes any final and binding order, requirement, or determination. The board shall follow quasi-judicial procedures when deciding appeals and requests for variances and special use permits. The board shall hear and decide all matters upon which it is required to pass under any statute or this ordinance.

(Ord. of 6-3-2021)

Notice of hearings conducted pursuant to this ordinance 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 as provided by the zoning or unified development ordinance. 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.

(Ord. of 6-3-2021)

(a)

The concurring vote of four-fifths of the board shall be necessary to grant a variance. A majority of the members shall be required to decide any other quasi-judicial matter or to determine an appeal made in the nature of certiorari. For all other matters, a majority of the members shall be required. For the purposes of this section, vacant positions on the board and members who are disqualified from voting on a quasi-judicial matter shall not be considered members of the board for calculation of the requisite majority if there are no qualified alternates available to take the place of such members. Abstentions by a member not otherwise excused from voting shall be counted as a vote in favor of any motion or action.

(b)

A member of the board 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. If an objection is raised to a member's participation and that member does not recuse himself or herself, the remaining members shall by majority vote rule on the objection.

(c)

A member of the board shall not vote on any advisory decision regarding a development regulation where the outcome of the matter being considered is reasonably likely to have a direct, substantial, and readily identifiable financial impact on the member.

(d)

The board may reverse or affirm, wholly or in part, or may modify the order, requirement, decision, or determination appealed from, and shall make any order, requirement, decision, or determination that in its opinion ought to be made.

(Ord. of 6-3-2021)

(a)

The board shall determine contested facts and make its decision within a reasonable time. Every quasi-judicial decision shall be based upon competent, material, and substantial evidence in the record. Each quasi-judicial decision shall be reduced to writing and reflect the board's determination of contested facts and their application to the applicable standards. The written decision shall be signed by the chair or other duly authorized member of the board. A quasi-judicial decision is effective upon filing the written decision with the clerk to the board or such other office or official as the ordinance specifies. The decision of the board shall be delivered by personal delivery, electronic mail, or by first-class mail to the applicant, property owner, and to any person who has submitted a written request for a copy, prior to the date the decision becomes effective. The person required to provide notice shall certify that proper notice has been made.

(b)

Every quasi-judicial decision shall be subject to review by the Craven County Superior Court by proceedings in the nature of certiorari pursuant to G.S. 160D-1402. A petition for review shall be filed with the Clerk of Craven County Superior Court by the later of 30 days after the decision is effective or after a written copy thereof is given in accordance with subsection 8.8(a). When first-class mail is used to deliver notice, three days shall be added to the time to file the petition.

(Ord. of 6-3-2021)

The board shall hear and decide appeals from decisions of administrative officials charged with enforcement of this ordinance, pursuant to all of the following:

(a)

Any person who has standing under G.S. 160D-1402(c) or the town may appeal a decision to the board. An appeal is taken by filing a notice of appeal with the town clerk and payment of any applicable fees. The notice of appeal shall state the grounds for the appeal.

(b)

The official who made the decision shall give written notice to the owner of the property that is the subject of the decision and to the party who sought the decision, if different from the owner. The written notice shall be delivered by personal delivery, electronic mail, or by first-class mail.

(c)

The owner or other party shall have 30 days from receipt of the written notice 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 decision within which to file an appeal. In the absence of evidence to the contrary, notice given pursuant to G.S. 160D-403(b) by first-class mail is deemed received on the third business day following deposit of the notice for mailing with the United States Postal Service.

(d)

It shall be conclusively presumed that all persons with standing to appeal have constructive notice of the decision from the date a sign containing the words "zoning decision" in letters at least six inches high and identifying the means to contact an official for information about the decision is prominently posted on the property that is the subject of the decision, provided the sign remains on the property for at least ten days. Posting of signs is not the only form of constructive notice. Any such posting shall be the responsibility of the landowner or applicant. Verification of the posting shall be provided to the official who made the decision. Absent an ordinance provision to the contrary, posting of signs shall not be required.

(e)

The official who made the decision shall transmit to the board all documents and exhibits constituting the record upon which the action 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.

(f)

An appeal of a notice of violation or other enforcement order stays enforcement of the action appealed from 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 this ordinance. 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 of adjustment shall meet to hear the appeal within 15 days after such a request is filed. Notwithstanding the foregoing, appeals of decisions granting a permit or otherwise affirming that a proposed use of property is consistent with the ordinance shall not stay the further review of an application for permits or permissions to use such property; in these situations, the appellant may request and the board may grant a stay of a final decision of permit applications or building permits affected by the issue being appealed.

(g)

Subject to the provisions of subdivision (f) of this section, the board shall hear and decide the appeal within a reasonable time.

(h)

The official who made the decision shall be present at the hearing as a witness. The appellant shall not be limited at the hearing to matters stated in the notice of appeal. If any party or the town would be unduly prejudiced by the presentation of matters not presented in the notice of appeal, the board shall continue the hearing. The board may reverse or affirm, wholly or partly, or may modify the decision appealed from and shall make any order, requirement, decision, or determination that ought to be made. The board shall have all the powers of the official who made the decision.

(i)

When hearing an appeal in the nature of certiorari, the hearing shall be based on the record below and the scope of review shall be as provided in G.S. 160D-1402 (j).

(j)

The parties to an appeal that has been made under this ordinance may agree to mediation or other forms of alternative dispute resolution.

(Ord. of 6-3-2021)