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(a) A certificate of occupancy issued by the Administrator is required in advance of:
(1) Occupancy or use of a building hereafter erected, altered or moved;
(2) A change of use of any building or land; and
(3) In addition, a certificate of occupancy shall be required for each monitoring use created by the passage of, and subsequent amendments to, this chapter. The owner of such nonconforming use shall obtain a certificate of occupancy within 30 days of the date of the passage or amendments.
(b) A certificate of occupancy, either for the whole or a part of a building shall be applied for coincident with the application for a building permit and shall be issued within 10 days after the erection or structural alterations of such building, or part, shall have been completed in conformity with the provisions of this chapter. A certificate of occupancy shall not be issued unless the proposed use of a building or land conforms to the applicable provisions of this chapter. If the certificate of occupancy is denied, the Administrator shall state in writing the reasons for refusal, and the applicant shall be notified of the refusal. A record of all certificates shall be kept on file in the office of the Administrator, and copies shall be furnished, on request, to any person having a proprietary or tenancy interest in the building or land involved.
(As Amended by Ord. of 6/24/21)
Within 14 days after a decision on a 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 Administrator, where it shall be available for public inspection during regular office hours.
(Ord. of 6/24/21)
Occasionally, unanticipated circumstances require changes to approved development plans and permits including developer agreements and site-specific vesting plans. In accordance with G.S. § 160D-403(d) the Town of Canton allows for minor modifications to be administratively approved; however, all major modifications require the same procedures to be followed as were completed for the original approval. This administrative flexibility reduces the need for a full approval process to accommodate a limited change to the plans for a project.
(a) Major modifications. The following are considered major modifications and shall not be approved administratively. These changes must follow the same process as the original approval.
(1) Any change in land use.
(2) Any change in density.
(3) When there is introduction of a new vehicular access point to an existing street, road or thoroughfare not previously designated for access.
(4) When the total floor area of a commercial or industrial classification is increased more than ten percent (10%) beyond the total floor area last approved by the Board of Aldermen.
(5) A change in the type of proposed dwelling unit (e.g. SF detached to townhouse).
(6) When the number of existing trees to be preserved is decreased more than ten percent (10%) beyond the number of trees shown on the approved plans.
(7) Any change that would increase traffic beyond the levels projected in the approved Transportation Impact Analysis (TIA).
(8) Any increase the stormwater impact beyond what was identified in the approved stormwater analysis for the project.
(9) Any change which alters the basic development concept of the approval.
(10) Any net reduction in the area of a buffer or a reduction in width of more than twenty-five (25%) of the approved width.
(11) For developer agreements, any change in deadlines or completion dates in excess of three (3) months.
(12) Any minor modification beyond the permitted number of modifications for a specific approval.
(b) Minor modifications. The Administrator is authorized to review and approve administratively a minor modification to an approved special use permit, conditional zoning, major subdivision, site plan, or vesting plan, subject to the following limitations.
(1) General limitations. The minor modification shall meet the following:
a. Does not involve a change in the 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. In compliance all other ordinance requirements.
d. Limited to two (2) modifications per development approval for the life of the project.
(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 zoning or special use permit. 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 change such as, without limitation, a minor adjustment to road configuration or internal circulation, a minor adjustment to building or internal driveway location, or a minor adjustment to utility alignment.
(3) Dimensional standards. Dimensional standard minor modifications are adjustments to the dimensional standards of the zoning ordinance. Dimensional standards may only be modified upon a finding by the Administrator, based on evidence from the permit holder, that the modification 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 modifications, dimensional standard minor modifications are limited to:
a. An adjustment to parking requirements up to the greater of five (5) spaces or ten (10) percent.
b. An adjustment to setback requirements up to greater of five (5) feet or twenty five (25) percent of the standard setback.
c. An adjustment to landscape standards up to twenty (20) percent of required landscaping.
(c) 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.
(d) Individual parcels within a conditional zoning district. For a conditional zoning district applicable to multiple parcels, the owners of individual parcels may apply for minor modification or major amendment so long as the change would not result in other properties failing to meet the terms of the conditions. Any approved changes shall only be applicable to those properties whose owners petitioned for the change.
(Ord. of 6/24/21)
(a) Complaints. When a violation of this article occurs, or is alleged to have occurred, any person may file a written or verbal complaint with the Administrator. Such complaint shall state fully the cause and basis thereof and shall be filed with the Administrator, or his authorized agent. An investigation should be made within ten (10) days. Actions as provided in these regulations shall be taken.
(b) Inspections. The Administrator is authorized to enter any premises within the jurisdiction of the local government at all reasonable hours for the purposes of inspection or other enforcement action upon presentation of proper credentials, provided the appropriate consent has been given for inspection of areas not open to the public or that an appropriate inspection warrant has been secured.
(c) Violations. When staff determines work or activity has been undertaken in violation of a development regulation adopted pursuant to this chapter or other local development regulation or any state law delegated to the Town for enforcement purposes in lieu of the state, or in violation of the terms of a development approval, a written notice of violation may be issued.
(1) The notice of violation shall be delivered 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.
(2) The notice shall include a description of the violation and its location, the measures necessary to correct it, the possibility of civil penalties and judicial enforcement action and notice of right to appeal. The notice shall also state the time allowed, if any, to correct the violation, which time may vary depending on the nature of the violation and knowledge of the violator.
(3) 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 or G.S. § 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.
(d) Remedies. In case any building is erected, constructed, reconstructed, altered, repaired, converted or maintained, or any building or land is used in violation of this chapter, the Administrator, or any other appropriate Town authority, or any person who would be damaged by the violation, in addition to other remedies, may institute an action for injunction, mandamus or other appropriate action or proceeding to prevent the violation.
(Ord. of 6/24/21)
Development approvals may be revoked by the Town by notifying the owner in writing stating the reason for the revocation. The Town shall follow the same development review and approval process required for issuance of the development approval, including any required notice or hearing, in the review and approval of any revocation of that approval. Development approvals shall be revoked for any substantial departure from the approved application, plans, or specifications for refusal or failure to comply with the requirements of any applicable development regulation or any state law delegated to the Town for enforcement purposes in lieu of the state; or for false statements or misrepresentations made in securing the approval. Any development approval mistakenly issued in violation of an applicable State or local law may also be revoked. The revocation of a development approval by a staff member may be appealed to the Board of Adjustment.
(Ord. of 6/24/21)
Section 9-4110 reserved.
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