The town manager shall appoint a zoning administrator to enforce the zoning and general provisions of the land use regulations. The assistance of other persons may be provided as the town manager may direct.

(Ord. of 5-18-2021; Ord. of 12-21-2021; Ord. No. 2023-010, § 1, 4-18-2023, eff. 5-17-2023)

If the zoning administrator finds that any of the provisions of this article are being violated, they shall notify in writing the person responsible for such violation, indicating the nature of the violation and ordering the action necessary to correct it. The zoning administrator shall order discontinuance of the illegal use of land, buildings, or structures; removal of illegal buildings or structures or of additions, alterations, or structural changes thereto; discontinuance of any illegal work being done; or shall take any other action authorized by this article to ensure compliance with or to prevent violation of its provisions.

(Ord. of 5-18-2021; Ord. No. 2023-010, § 1, 4-18-2023, eff. 5-17-2023)

(a)

No building, sign or other structure shall be erected, moved, added to, or structurally altered, nor shall any land disturbing activity, including clearing and grubbing of trees and other vegetation be initiated, nor shall a new use or expansion of an existing use occur until an application for a zoning compliance permit is approved by the planning director. No zoning compliance permit shall be issued except in conformity with the provisions of this chapter.

(1)

Filing of application. An application for a zoning permit may be filed by the owner of the property or by an agent, specifically authorized by the owner to file such application. Where an agent files the application, the agent shall provide documentation that the owner of the property has authorized the filing of the application. The application for a zoning permit shall be filed with the town using the form supplied.

(2)

Fees. An application fee, as established by the adopted fee schedule, shall be due and payable when the application is submitted.

(3)

Information required. Each application for a zoning permit shall contain the information required on the application form and be accompanied by the site plan(s) and other plans and documents necessary to show that the proposed development complies with the standards set forth in this chapter. A checklist of required information shall be supplied by the town.

(b)

Simultaneous processing of applications. In order to facilitate the timely completion of development projects, the simultaneous processing of applications for different permits and approvals required for the same project is encourage, except as noted below:

(1)

No application for the rezoning of property shall be accepted while a zoning permit application is pending.

(2)

No application for a zoning permit shall be accepted while an application for rezoning is pending.

(c)

Permit validity. Zoning permits shall remain valid for a period of one year from date of issuance, during which other required approvals shall be obtained and site work shall commence. The zoning permit shall remain valid as long as other required permits remain valid. Failure to obtain other necessary permits within this time period, or maintain other required permits, shall render the zoning permit void. Any unapproved change in the approved plans shall render the zoning permit invalid.

(Ord. of 5-18-2021; Ord. of 5-17-2022(3); Ord. No. 2022-151101, § 1, 11-15-2022)

Upon receiving a zoning compliance permit a building permit shall be obtained from the county building inspection officer for the construction or alteration of any building, structure or mobile home. Stormwater and erosion control permits may be required prior to issuance of a building permit. Building permits are valid for six months beginning from the day issued, if the work authorized by the permit has not been commenced. If, after commencement, the work is discontinued for a period of 12 months, the permit therefore shall immediately expire. No work authorized by any building permit that has expired shall thereafter be performed until a new permit has been secured.

(Ord. of 5-18-2021; Ord. of 12-21-2021)

Where applicable, the zoning administrator shall not issue an application for a zoning compliance permit for any use, building, or purpose proposed for location inside of the incorporated municipality without written preliminary approval of any proposed water supply and sewage disposal facilities as required from the Metropolitan Sewerage District, Woodfin Water and Sanitary District, and appropriate state agency. Issuance and use of a certificate of zoning compliance shall be subject to all terms and qualifications imposed by the regulatory agencies.

(Ord. of 5-18-2021)

If an application is made in accordance with this chapter and a development regulation changes between the time the application was submitted and a decision is made, the applicant may choose which version of the development regulation will apply to the application as provided in [G.S.] 160D-108(b).

(Ord. of 5-18-2021)

A site plan is a formal application submittal containing very detailed information, including engineering and construction drawings. All applications requiring a site plan shall submit two sets of plans drawn to scale with the following information:

(1)

The actual dimensions of the lot to be built upon;

(2)

Accurate dimensions and the use of the proposed building or structure;

(3)

The location on the lot of the building or structure proposed to be erected or altered, including an outline of all proposed structures and the distances from all structures to adjoining property lines;

(4)

The location of all underground and above ground utilities;

(5)

All utilities, rights-of-way, culverts and drainage ways;

(6)

The parcel identification number consistent with Buncombe County tax records;

(7)

Such other information as may be necessary to provide for the enforcement of the provisions of this ordinance, including the architectural or building plans of the structure proposed to be erected or altered.

(Ord. of 5-18-2021)

An application for a site plan shall be deemed complete if it is submitted on the required form, includes all requested information, and is accompanied by the applicable fee. A determination of application completeness shall be made within five working day of application filing. If an application is determined to be incomplete, the planning director shall provide written notice to the applicant along with the explanation of the application's deficiencies. No further processing of the application shall occur until the deficiencies are corrected. If the deficiencies are not corrected by the applicant within 20 working days, the application shall be considered withdrawn.

(Ord. of 5-18-2021)

(a)

Establishment. An approved site-specific vesting plan precludes any zoning action by the Town of Woodfin, which would change, alter, impair, prevent, diminish or otherwise delay the development or use of the property as set forth in an approved site-specific vesting plan and in accordance with the applicable limitation and exceptions. Such plan may be in the form of any of the following plans or approvals: conditional zoning site plan, special use permit, preliminary plat for a minor or major subdivision, or any other land-use approval designation as may be utilized by the Town of Woodfin.

(b)

Process. Each site-specific vesting plan shall include information required by the Town of Woodfin for the underlying type of development plan and shall provide the notice and hearing required. An approved site-specific vesting plan and its conditions may be amended with the approval of the owner and the local government in the same manner as the original approval.

(c)

Permit period. A vested right established pursuant to this article shall run for a period of two years from the effective date of the approval. Upon following the same process as required for the original approval, the decision-making board or official may extend the vesting of a site-specific vesting plan up to three years upon finding that the permit has not yet expired, conditions have not changed so substantially as to warrant a new application, and the extension is warranted in light of all other relevant circumstances including but not limited to the size and phasing of the development, the level of investment, the need for the development, economic cycles, and market conditions or other considerations.

(d)

Limits of site-specific vesting plans. Nothing in this article shall prohibit the revocation of the original approval or other remedies for failure to comply with applicable terms and conditions of the approval of the zoning ordinance. New and amended zoning regulations that would be applicable to certain property but for the establishment of a vested right shall become effective upon the expiration or termination of the vested rights period provided by this article. Any vested rights for a site-specific vesting plan are subject to the exceptions specified at G.S. 160D-108.

(Ord. of 5-18-2021)

(a)

Notice of violation. Whenever the zoning administrator determines that a person is violating any of the provisions of this chapter or any plan, order, or condition issued pursuant to this chapter, a written notice of violation may be issued. The notice of violation shall be delivered by personal delivery, electronic delivery, or first-class mail to the holder of the development approval or occupant and the landowner of the property involved, if the landowner is not the occupant or holder of the development approval. The notice of violation may be posted on the property. The zoning administrator shall certify that the notice was provided.

(b)

Appeal. Any owner or occupant who has received a notice of violation may appeal in writing the decision of the zoning administrator to the board of adjustment within 30 days following the date of the notice of violation. The planning board of adjustment shall hear an appeal within a reasonable time, and it may affirm, modify, or revoke the notice of violation. In the absence of an appeal, the remedies and penalties sought by the zoning administrator in the notice of violation shall be final.

(c)

Failure to remedy. Once a notice of violation has been issued, and the responsible party fails to address the violation or appeal within the prescribed time period, the zoning administrator shall issue a zoning citation that includes an assessment of fines.

(d)

Immediate fines. The following violations are subject to a citation with the assessment of immediate fines without need for a notice of violation:

(1)

Repeat violations. For every violation that occurs within one year of the receipt of a notice of violation for a previous offense of the same nature will not require new notice and will result in an immediate civil penalty.

(2)

Acts of destruction. The unlawful removal of trees and other land disturbing activities in designated steep slope areas.

(e)

Penalties. Violations of this Code shall subject the offender to a civil penalty upon the issuance of a citation for a violation. The town may recover the civil penalty, if not paid to the town within 30 days of the date the citation was issued, in a civil action in the nature of a debt pursuant to G.S. 160A-175.

(1)

Penalties for violations. Except as noted below, each day that any violation of the provisions of this Code continues shall constitute a separate and distinct offense and subject the violator to additional civil penalty. The civil penalty shall be $100.00 for each violation unless otherwise provided in this Code.

(2)

Penalties for unpermitted tree removal and/or unpermitted grading in designated steep slope areas. A violation of this chapter where unlawful tree removal or unpermitted land disturbing activity has occurred shall subject the violator to an immediate civil penalty as follows:

a.

Where unlawful activity has resulted in the complete clearing and grubbing of all vegetation a minimum of $1,000.00 for the first 100 square feet plus $0.35 of every square foot thereafter shall be assessed.

b.

Where trees or stumps are present after unlawful tree disturbing activity has occurred, the civil penalty shall be calculated as $1,000.00 for the first tree plus $100.00 per diameter inch for any other tree or stump three inches diameter and larger.

(4)

Restoration or remediation. In addition to the civil penalty of section 54-41(e)(2), the owner of real property where a violation has occurred shall remove each unlawfully disturbed tree and replace it with a tree or trees of equal caliper.

a.

Prior to any replanting, the planning director shall first approve a replacement planting and maintenance plan. Replacement trees shall be native to the mountains of Western North Carolina and a minimum of two inches in diameter with 75 percent of the plantings being a large maturing species. Replacement trees shall be located first in preservation areas where the unlawful disturbance has occurred and shall be in addition to any required tree plantings of this chapter.

b.

All replacement trees shall be planted in a planting area of at least 200 square feet with minimum dimensions of eight feet.

c.

If the tree conservation area where the violation has occurred fails to contain sufficient land area to replant the required replacement trees and replacement trees cannot be planted on other portions of the property, then in lieu of such replacement trees, a replacement fee equal to $100.00 per caliper inch of replacement trees shall be paid to the town. This shall be in addition to any penalties paid for removal.

(Ord. of 5-18-2021; Ord. No. 2022-151101, § 1, 11-15-2022; Ord. No. 2023-022, § 1, 9-19-2023)

In case any building is erected, constructed, reconstructed, altered, repaired, converted, or maintained or any building or land is used in violation of this article, the zoning administrator or any other appropriate county authority, or any person who would be damaged by such violation, in addition to other remedies, may institute an action for injunction, or mandamus, or other appropriate action or proceeding to prevent such violation.

(Ord. of 5-18-2021)

For group developments, mixed use developments and cottage clusters, the town may enter into an agreement with the petitioner, whereby the petitioner shall agree to complete all required improvements. The requirements for performance guarantee agreements are found in section 46-81(b) of the Town of Woodfin Code of Ordinances.

(Ord. of 5-18-2021)

No staff member shall make a final decision on an administrative decision required by this chapter 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. If a staff member has a conflict of interest under this section, the decision shall be assigned to the supervisor of the staff person or such other staff person as may be designated by the development regulation or ordinance.

No staff member shall be financially interested or employed by a business that is financially interested in a development subject to the regulation under this chapter 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. of 5-18-2021)