(A) Applicability. No person shall commence or proceed with development without first securing approval from the county as herein provided. As defined in G.S. § 160D-102(12), "development" means any of the following:
(1) The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure.
(2) The excavation, grading, filling, clearing, or alteration of land.
(3) The subdivision of land as defined in G.S. § 160D-802.
(4) The initiation or substantial change in the use of land or the intensity of use of land.
(B) Application.
(1) All applications for a zoning permit shall be submitted in accordance with § 154.036, Common Review Procedures.
(2) In all cases where a building permit is required, application for a zoning permit shall be made concurrently with the application for a building permit. In all other cases, application shall be made before initiating any of the activities that trigger compliance with this section.
(C) Action by the Zoning Administrator.
(1) If the proposed application is in conformity with the provisions of this chapter, and if all applicable permits have been approved by the Greene County Health Department, the Zoning Administrator shall issue a zoning permit, provided that all of the following conditions shall apply:
(a) Issuance of a zoning permit shall in no case be construed as waiving any provisions of this chapter;
(b) The Zoning Administrator shall not grant any exceptions to the actual meaning of any
clause, standards, or regulation contained in this chapter to any person making application to excavate, construct, move, alter or use buildings, structures or land;
(c) The Zoning Administrator shall issue a permit when the imposed conditions of this chapter are complied with by the applicant regardless of whether the use of the permit would violate contractual or other arrangements (including, but not by way of limitation, restrictive covenants) among private parties; and
(d) The zoning permit shall include a determination that plans, specifications and the intended use of such structure and land do, in all respects, conform to the provisions of this chapter.
(e) Prior to the issuance of a zoning permit, the Zoning Administrator shall consult with other applicable departments, as necessary.
(2) Any approval or disapproval of an application for a zoning permit made pursuant to this section shall be communicated by the Zoning Administrator who shall in turn give written notice to the owner of the property that is the subject of the determination and to the party who sought the determination, if different from the owner. The written notice shall be delivered by personal delivery, electronic mail, or by first-class mail. The notice shall be delivered to the last address listed for the owner of the affected property on the county tax abstract and to the address provided in the application or request for a determination if the party seeking the determination is different from the owner.
(D) Denial. If the proposed application is not in conformity with the provisions of this chapter, the Zoning Administrator shall not issue the zoning permit and shall provide in writing the specific reason of such disapproval to the applicant. Any disapproval of an application for a zoning permit made pursuant to this section shall be communicated by the Administrator who shall in turn give written notice to the owner of the property that is the subject of the determination and to the party who sought the determination, if different from the owner. The written notice shall be delivered by personal delivery, electronic mail, or by first class mail. The notice shall be delivered to the last address listed for the owner of the affected property on the county tax abstract and to the address provided in the application or request for a determination if the party seeking the determination is different from the owner.
(E) Review criteria. Zoning permits shall be approved where the Zoning Administrator determines that the proposed use or activity is in conformity with all applicable requirements of this chapter.
(F) Expiration of zoning permit. A certificate of zoning compliance shall expire one year after the date of issuance if the work authorized by the certificate has not been substantially commenced. If after commencement the work or activity allowed under a certificate is discontinued for a period of 12 months after commencement, the certificate shall immediately expire.
(G) Appeal. Final action on a zoning permit may be appealed to the Board of Adjustment in accordance with § 154.042, Appeal of Administrative Decisions.
(Ord. passed 6-21-21)