It is the intent of this chapter that all questions of interpretation shall be the responsibility of the Director of Planning and Development.

(Code 1993, § 27-226)

(a)

It is further the intent of this chapter that the duties of the City Council in connection with this chapter shall be to:

(1)

Consider and act upon proposed amendments to this chapter; and

(2)

Establish a schedule of fees for this chapter.

(b)

The duties of the City Council shall not include hearing and deciding questions of interpretation and enforcement that arise.

(Code 1993, § 27-227)

(a)

No land, building, or structure shall be used, no building, sign, or structure shall be erected, and no existing building, sign, or structure shall be moved, expanded, enlarged, or altered until the Department of Planning and Development has approved such use or construction in accordance with the provisions of this chapter.

(b)

Unless stated otherwise in this chapter, each application for a building permit shall be accompanied by a survey map drawn to scale, showing the actual shape and dimensions of the lot to be built upon, the exact sizes and locations on the lot of the buildings and accessory buildings then existing, and the lines within which the proposed building shall be erected or altered, the existing or intended use of each building or part of a building, the number of families or housekeeping units the building is designed to accommodate, and such other information with regard to the lot and neighboring lots as may be necessary to determine and provide for enforcement of this chapter.

(c)

Applications for development approval submitted under this ordinance shall be submitted by the landowner, a lessee or person holding an option or contract to purchase or lease land, or a person acting on the behalf of the landowner with their authorization and consent.

(d)

The Department of Planning and Development must issue development approvals in print or electric form. Any development approval issued exclusively in electronic form shall be protected from further editing once issued. Unless provided otherwise by law, all rights, privileges, benefits, burdens, and obligations created by development approvals made pursuant to this ordinance attach to and run with the land.

(Code 1993, § 27-228; Ord. No. 21-3, § 1(Att.), 6-14-2021)

A certificate of occupancy issued by the Department of Planning and Development is required in advance of occupancy or use of a building hereafter erected, altered, or moved, and for a change of use of any building or land. It shall be unlawful to occupy any building or structure without a certificate of occupancy. A certificate of occupancy shall not be issued unless the proposed use of a building or structure conforms to the applicable provisions of these regulations.

(Code 1993, § 27-229; Ord. No. 21-3, § 1(Att.), 6-14-2021)

(a)

The Director of Planning and Development, or his designee, shall be responsible for the enforcement of this chapter. It shall be the responsibility of the Director of Planning and Development to provide for the enforcement of this chapter using the procedures established in section 40-580. If a decision of the Department of Planning and Development is questioned, the aggrieved person may appeal such decision to the Board of Adjustment, and ultimately to a court of competent jurisdiction, in accordance with the procedures of section 40-580.

(b)

The Director of Planning and Development, or his designee, shall also be authorized to enforce the conditions established by the City Council, Planning Board, Board of Adjustment, Historic Preservation Commission, or Technical Review Committee, as required and appropriate.

(c)

The Director of Planning and Development, or his designee, shall not make a final decision on an administrative decision 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.

(d)

Within fourteen (14) days after a decision on an administrative determination is made, a copy of the decision shall be provided to the property owner or party seeking determination if different from the owner via written notice by personal delivery, electronic mail, or first-class delivery. A copy of the decision shall also be filed with the Director of Planning and Development, or his designee, where it shall be available for public inspection during regular office hours.

(e)

Administrative modifications. The Director of Planning and Development is authorized to review and approve administratively a minor modification to an approved permit or development approval. Major modifications, those which are not considered minor by this section, shall require resubmission and approval in the same process as the original approval:

Minor modifications are subject to the limitations below:

(1)

General limitations. The minor modification:

a.

Does not involve a change in uses permitted or the density of overall development permitted;

b.

Does not increase the impacts generated by the development on traffic, stormwater runoff, or similar impacts beyond what was projected for the original development approval; and

c.

Meets all other ordinance requirements.

(2)

Site design. Site design minor modifications are limited adjustments to the terms or design of an approved development plan or plat, including a site plan attached as a condition to a conditional district. In addition to the general limitations for minor modifications, a site design minor modification must:

a.

Comply with underlying zoning standards and other applicable conditions of the approval;

b.

Be limited to a minor modification such as, without limitation, a minor adjustment to road configuration or internal circulation, a minor adjustment to building location, or a minor adjustment to utility alignment.

(3)

Dimensional standards. Dimensional standard minor changes are adjustments to the dimensional standards of this chapter. Dimensional standards may only be modified upon a finding by the Director of Planning and Development, based on evidence from the permit holder, that the change is needed to address a site characteristic or technical design consideration not known at the time of initial approval. In addition to the general limitations for minor changes, dimensional standard minor changes are limited to:

a.

Changes to the location of entrances or driveways, the rearrangement of internal streets, turn lanes, drives, or access restrictions.

b.

Changes to the configuration of parking areas, but not the number of parking spaces.

c.

Changes to the configuration or location of open space or placement of required amenities provided the amount of open space is unchanged.

d.

Changes to the configuration of landscape yards, including types of materials, provided minimum width and planting requirements are met.

e.

Changes to proposed building elevations or facades, including materials, provided that the change retains the same general architectural character and provided the development still complies with the applicable design requirements.

f.

Changes to the arrangement or location of buildings provided there is no increase in the number of buildings, size, or amount of impervious surface.

(f)

Appeals and variances. A decision on minor modification may be appealed to the Board of Adjustment as an administrative determination. An application for a minor modification does not preclude an applicant from seeking a variance from the Board of Adjustment.

(Ord. No. 21-3, § 1(Att.), 6-14-2021)

Editor's note— Ord. No. 21-3, § 1(Att.), adopted June 14, 2021, amended § 40-579 in its entirety to read as herein set out. Former § 40-579 pertained to Enforcement and appeals, and derived from the Code of 1993, § 27-230.

(a)

Inspection. When the Director of Planning and Development, or his designee, requires inspection of premises, he must enter the premises during reasonable hours and upon presenting credentials. He must have the consent of the premises owner or an administrative search warrant to inspect areas not open to the public.

(b)

Notice ..... of violation. When the Director of Planning and Development, or his designee, finds a violation of this chapter, it shall be his duty to give the owner or occupant of the property in violation written notice (by certified or registered mail to his last known address, by personal service of the notice, or by posting the notice conspicuously on the property) of the following:

(1)

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

(2)

The nature of the violation and citation of the section of this chapter violated;

(3)

The measures necessary to remedy the violation; and

(4)

The time period in which the violation must be corrected.

If applicable, a stop-work order may be issued at this time.

(c)

Appeal. Any owner or occupant who has received a notice of violation may appeal in writing the decision of the Department of Planning and Development to the Board of Adjustment (unless this chapter has specified that another Board shall hear the appeal of the violation) within thirty (30) days following the date of the notice of violation. In the absence of evidence to the contrary, notice pursuant to G.S. 160D-403(b) given by first class mail shall be deemed received on the third business day following the deposit of the notice for mailing with the United States Postal Service. The Board of Adjustment, or other designated Board, shall hear the appeal within sixty (60) days, and it may affirm, modify, or revoke the notice of violation. In the absence of an appeal, the decision of the Department of Planning and Development shall be final.

(d)

Notice of decision. The decision of the Board of Adjustment may be delivered to the aggrieved party either by personal service or by registered mail or certified mail return receipt requested.

(e)

Failure to comply with the notice. If the owner or occupant of a property fails to comply with a notice of violation from which no appeal has been taken or a final decision of the Board of Adjustment following an appeal, the owner or occupant shall be subject to such remedies and penalties as may be provided for by State law or by section 40-581, pertaining to remedies.

(Code 1993, § 27-231; Ord. No. 21-3, § 1(Att.), 6-14-2021)

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

(a)

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

(b)

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

(c)

Denial of permit or certificate. The Department of Planning and Development shall withhold or deny any permit, certificate, or other authorization on any land, building, structure, sign, or use in which there is an uncorrected violation of a provision of this chapter, or of a condition or qualification of a permit, certificate, or other authorization previously granted.

(d)

Conditional permit or temporary certificate. The Department of Planning and Development 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 the appropriate governmental authority.

(e)

Stop-work orders. Whenever a building, structure, sign, or part thereof is being constructed, reconstructed, altered, or repaired in violation of this chapter, the Department of Planning and Development may order the work to be immediately stopped. The stop-work order shall be in writing and directed to the owner, occupant, or person doing the work. The stop-work 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 or the state building code.

(f)

Revocation of permits or certificates. The Department of Planning and Development may revoke and require the return of a permit or certificate by notifying the permit holder in writing, stating the reason for the revocation. The Department of Planning and Development 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. Permits or certificates 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 false statements or misrepresentations made in securing the permit or certificate. Any permit or certificate mistakenly issued in violation of an applicable State or local law may also be revoked.

(g)

Criminal penalties. Any violation of this chapter shall be a misdemeanor or infraction as provided by G.S. 14-4.

(Code 1993, § 27-232; Ord. No. 21-3, § 1(Att.), 6-14-2021)

(a)

Responsible parties. The owner or occupant of any land, building, structure, sign, use of land, or part thereof; any architect, builder, contractor, agent; or any other person who creates, participates, or maintains any condition that is in violation of this chapter may be held responsible for the violation and subject to the civil penalties and remedies provided herein.

(b)

Notice. No civil penalty shall be assessed until the person alleged to be in violation has been notified in accordance with section 40-580(a). If after receiving a notice of violation under section 40-580(a), the owner or other violator fails to take corrective action, a civil penalty may be imposed under this section in the form of a citation. The citation shall be served in the same manner as a notice of violation. The citation shall state the nature of the violation, shall state the civil penalty to be imposed upon the violator, and shall direct the violator to pay the civil penalty within fifteen (15) days of the date of the citation.

(c)

Continuing violation. For each day the violation is not corrected, the violator will be guilty of an additional and separate offense and subject to additional civil penalty.

(d)

Penalties. Any person who violates any provision of this chapter shall be subject to assessment of a civil penalty in the amount of fifty dollars ($50.00) per violation, per day. The penalty would begin after the expiration of the notice of violation, or after an appeal from a notice of violation is denied.

(e)

Demand for payment. The Department of Planning and Development shall make written demand for payment upon the owner or the person in violation and shall set forth in detail a description of the violation for which the civil penalty has been imposed.

(f)

Nonpayment. If payment is not received or equitable settlement reached within thirty (30) days after demand for payment is made, the matter shall be referred to the City Attorney to institute a civil action for recovery of the civil penalty. Moreover, if the civil penalty is not paid within the time prescribed, the Director of Planning and Development may have a criminal summons or warrant issued against the violator. Upon conviction, the violator shall be subject to any criminal penalty the court may impose pursuant to G.S. 14-4.

(Code 1993, § 27-233; Ord. No. 21-3, § 1(Att.), 6-14-2021)

(a)

State and common law remedies. In addition to other enforcement provisions contained in this article, the City Council may exercise any and all enforcement powers granted to it by state or common law.

(b)

Previous enforcement. Nothing in this chapter shall prohibit the continuation of previous enforcement actions.

(Code 1993, § 27-234)

All such remedies provided herein shall be cumulative. To the extent that state law may limit the availability of a particular remedy set forth herein for a certain violation or a part thereof, such remedy shall remain available for other violations or other parts of the same violation.

(Code 1993, § 27-235)

If any section, subsection, sentence, clause, or phrase of this article is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this chapter. The City Council hereby declares that it would have passed this chapter and each section, subsection, clause, and phrase thereof, irrespective of the fact that any one (1) or more sections, subsections, sentences, clauses, or phrases be declared invalid.

(Code 1993, § 27-236)