(A) The town shall have the authority to enact ordinances, procedures and fee schedules relating to the enforcement of this chapter and to retain staff. This shall include an adequate number of qualified staff to administer the town's zoning and related ordinances. A Zoning Administrator, to be designated by the Town Board of Commissioners, is hereby authorized and it shall be his or her duty to enforce the provisions of this chapter. This official shall have the right to enter upon any premises regulated by this chapter at any reasonable time necessary to carry out his or her duties. If the suspected violation involves areas which cannot be viewed from public areas, an administrative search warrant must be obtained from a magistrate or judge authorizing a reasonable inspection. It is the intention of this chapter that all questions arising in connection with enforcement and interpretation shall be presented first to the Zoning Administrator. Appeal from his or her decision may be made to the Board of Adjustment. The Zoning Administrator may be assisted by other town staff in performing the duties herein. For similar state law provisions, refer to G.S. § 160D-402(a) and (b).
(B) Financial support. The town may appropriate for the support of the staff any funds that it deems necessary. It shall have power to fix reasonable fees for support, administration, and implementation of programs authorized by this chapter and all such fees shall be used for no other purposes. For similar state law provisions, refer to G.S. § 160D-402(d)
(C) Duties. In administering the provisions of this chapter, the Zoning Administrator shall:
(1) Receive and process applications for development approvals; make and maintain records of all applications for permits, special uses, and requests listed herein, and records of all permits issued or denied, with notations of all special conditions or modifications involved.
(2) File and safely keep copies of all plans submitted, and the same shall form a part of the records of his or her office and shall be available for inspection at reasonable times by any interested party.
(3) Provide notices of applications and hearings. Transmit to the Planning Board, Board of Commissioners, and/or the Board of Adjustment all applications and plans for which their review and approval is required along with a report of his/her recommendations as may be required.
(4) Make decisions and determinations regarding the implementation of the town's development regulations.
(5) Determine whether applications for development approvals meet the applicable standards as established by law and local ordinance.
(6) Provide administrative interpretations of the zoning ordinance.
(7) Issue or deny certificates of zoning compliance or occupancy.
(8) Provide nonconformity determinations, including expansions of nonconforming uses and structures.
(9) Conduct inspections of premises and, upon finding that any of the provisions of this chapter are being violated, notify in writing the person responsible for such violations, indicating the nature of the violation and ordering the action necessary to correct it. The Zoning Administrator shall order discontinuance of illegal use of land, buildings or structures; inform the designated building inspections department of illegal buildings or of additions, alterations, or structural changes there to which are not compliant with the zoning ordinance; order discontinuance of any illegal work being done; or shall take any other action authorized by this chapter to insure compliance with or to prevent violation of its provisions.
(10) Recommend bringing judicial action against actual or threatened violations.
(11) Maintain the public records of the Planning Board and Board of Adjustment.
(12) Perform any other actions that may be required in order to adequately enforce the laws and development regulations under their jurisdiction.
For similar state law provisions, refer to G.S. § 160D-402(b)
(Ord. 23-241, passed 7-18-2023)