(a) Administrative development approvals shall be secured for construction activity or development activity associated with any permitted use in the applicable zoning district for the subject property. Such approval shall be issued by the Planning Director or other Planning official as designated by the Planning Director. Following the issuance of an administrative development approval, an application for a building permit may be submitted to the Dare County Building Inspector. Issuance of development approval by the Planning Director does not supersede or eliminate the need to secure a building permit as established by G.S. Ch. 160D, Article 11. Forms and applications needed to secure administrative development approval shall be provided by the Planning Director.
(b) A development approval shall be issued in writing and may be delivered in print or electronic form. Applications for development approvals may be made by the landowner, a lessee or person holding an option or contract to purchase or lease the land, or an authorized agent of the landowner. An easement holder may apply for development approvals if authorized in the easement agreement.
(c) Determinations: Determinations on the application or provisions of the Zoning Ordinance may be issued by the Planning Director upon request by a landowner or other parties as appropriate. The Planning Director shall give written notice to the landowner of a determination on development approval and to the party who sought the determination if different from the owner. The notice procedures of Section 22-72 shall be followed.
(d) Duration of Administrative Development Approval
1. Administrative development approval is valid for one year from the date of development approval. The approval shall expire unless work authorized by the development approval has been substantially commenced as defined in Section 22-2.
2. Administrative approvals of shorter duration may be approved for temporary land uses, special event or temporary signs and similar development activities.
3. If after commencement, work is discontinued for a period of twelve months, the development approval shall immediately expire. These time periods shall be suspended during any appeal period.
4. No work authorized by a development approval that has expired shall be performed until a new development approval has been secured.
(e) Changes: After an administrative development approval has been issued, no deviations from the terms of the application or development approval shall be made until written approval of proposed changes or deviations has been obtained. The same review and approval process used for the original approval shall be followed for any major modification. Minor modifications shall be exempt from the full application and approval process and may be approved by the Planning Director in writing. Minor modifications may include decreases in square footage amounts of any proposed structure, revised parking lot layouts, reconfiguration of proposed site improvements in response to North Carolina Fire Codes or other state-level review, decreases in lot coverage limitations, or other modifications of a similar nature. Increased density or height, increased gross floor area, change of use, or the addition of other structures shall not be considered minor modifications.
(f) Inspections: The Planning staff may inspect work authorized by a development approval to assure that work is being done in accordance with the terms of the development approval and other applicable State and local laws. Staff shall have authority to enter the premises 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 areas not open to the public or that an appropriate inspection warrant has been secured.
(g) Revocation of Administrative Development Approvals: Development approvals may be revoked by notifying the approval holder by written notice stating the reasons for the revocation. The same process used for development approval, including notice, shall be followed in the revocation process. 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 development regulation or any state law delegated to Dare County for enforcement purposes; 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 be revoked. The revocation of a development approval by a staff member may be appealed to the Dare County Board of Adjustment according to the provisions of Section 22-69.1 of this ordinance.
(h) Certificate of Zoning Compliance: Dare County may make a final inspection upon completion of work or activity undertaken in conjunction with a development approval and issue a certificate of zoning compliance if the completed work complies with all applicable state and local laws and with the terms of the permit approval. No building, structure or use of land that is subject to a building permit shall be occupied or used until a certificate of zoning compliance has been issued by the Planning Director. A certificate of zoning compliance does not replace the requirement for a certificate of occupancy for any building or structure required by G.S. Ch. 160D, Article 11. A copy of the certificate of zoning compliance shall be presented to the building inspector prior to the issuance of the certificate of occupancy. A temporary certificate of zoning compliance may be issued during alteration or construction for partial compliance of a building pending completion. A temporary certificate shall be issued for a period not to exceed six months and shall clearly be marked as "TEMPORARY" and list any conditions or limitations to protect the safety of the occupants and the public.
(Ord. passed 6-21-2021)