(A) Land use and zoning permit. After the adoption of this chapter, it shall be unlawful to establish, move, or alter any use other than a bona fide farm or obtain a permit from the Health Department unless a land use and zoning permit is applied for and issued by the Administrator. The Administrator shall maintain a record of all land use and zoning permits. Failure to obtain a land use and zoning permit shall be a violation of this chapter and punishable under § 153.999. In no case shall a land use and zoning permit be issued for a building, or portion therefor, which is located on a parcel of land that is currently in violation of any provisions of this chapter.
(1) Application for land use and zoning permits. Owner(s) or owner’s agent shall submit application for a land use and zoning permit and all information that is necessary for staff to determine if all requirements of this chapter are being met. The land use and zoning permit application shall include the following:
(a) Scale drawing showing the information listed below. A surveyed drawing is required for all lots ten acres or less:
1. The actual dimensions and shape of the lot to be built upon;
2. The exact sizes and locations on the lot of buildings already existing, if any; and
3. The location and dimensions of the proposed building or alteration.
(b) Existing or proposed uses of the building and land;
(c) The number of families or rental units the building is designed to accommodate;
(d) Conditions existing on the lot, and such;
(e) Other matters and/or information as may be necessary to determine conformity with, and provide for the enforcement of this chapter;
(f) Other information as may be required by the Administrator; and
(g) No deed, conditional sales agreement, or instrument of transfer copy shall be required of any applicant who is making application for property which is the subject of intestate succession.
(2) Distribution of application. One copy of the submittal materials shall be kept by the Administrator after he or she shall have marked such copy either as approved or disapproved and issued a land use and zoning permit. The second copy of the plans, similarly marked, shall be retained by the Department of Public Health.
(3) Construction and use to be as stated on land use and zoning permit. Land use and zoning permits issued on the basis of plans and applications approved by the Administrator authorize only the use, arrangement, and construction set forth in such approved plans and applications. Use, arrangement, or construction at variance with that authorized shall be deemed a violation of this chapter and punishable as provided by § 153.999.
(4) Expiration of land use and zoning permit. If the work described in any land use and zoning permit has not begun within 365 days from the date of issuance thereof, the permit shall expire. If after commencement, the work is discontinued for any period of 365 days, the permit shall immediately expire and further work as described in the expired permit shall not proceed unless and until a new land use and zoning permit has been obtained.
(5) Right of appeal. If a land use and zoning permit is denied, the applicant may appeal within 30 days of the action of the Administrator to the Board of Adjustment.
(B) Temporary land use and zoning permit.
(1) Temporary events. A temporary land use and zoning permit may also be issued for temporary events, such as bazaars, carnivals, religious meetings, or seasonal special events, provided that such events shall comply with the requirements for such in §§ 153.105 through 153.115.
(2) Temporary recreational vehicles.
(a) A temporary land use and zoning permit for a recreational vehicle may be issued for a period of 180 days, renewable for an additional 30 days from staff, or longer as approved by the Board of Adjustment if it is deemed reasonable to allow completion of work, when an existing or proposed primary or secondary residence or commercial facility is deemed uninhabitable due to renovation or construction. Application shall be made for a temporary land use and zoning permit before the use is initiated and not prior to application for a building permit for construction of the primary or secondary residence or commercial facility. The temporary land use and zoning permit shall expire 30 days after issuance of a certificate of occupancy (CO) for the primary or secondary residence or commercial facility.
(b) One recreational vehicle or travel trailer may be parked on the rear or side yard of a lot where a religious assembly structure is located and the recreational vehicle or travel trailer can be used as living quarters by pastors, evangelists, missionaries, gospel singing groups, or church workers affiliated with the religious assembly structure.
(C) Certificate of occupancy (CO) and building permits.
(1) No new building or part thereof shall be occupied, no addition or enlargement of any existing building shall be occupied, no existing building after being altered or moved shall be occupied, and no change of occupancy shall be made in any existing building or part thereof, until the Building Inspector has issued a certificate of occupancy. The change of occupancy provision shall not apply to rooms intended for transient rental or to re-rental of individual apartment rentals.
(2) Prior to issuance of a certificate of occupancy on all manufactured homes and nonresidential development, a zoning compliance inspection shall be completed under the direction of the Administrator of this chapter. In no case shall a building or part thereof be considered compliant with zoning regulations if the Administrator is aware that the structure or property is not in compliance with any applicable state or federal regulations.
(3) A temporary certificate of occupancy may be issued for a portion or portions of a building which may safely be occupied prior to final completion and occupancy of the entire building.
(4) Application for a certificate of occupancy may be made by the owner(s) or owners’ agent after all final inspections have been made for new buildings, or in the case of existing buildings, after supplying the information and data necessary to determine compliance with this chapter.
(5) In no case shall a certificate of occupancy be issued for a building, or portion therefore, which is located on a parcel of land that is currently in violation of any provisions of this chapter.
(6) In no case shall a building permit be issued for a parcel, or portion therefor, which has been illegally subdivided, pursuant to G.S. Chapter 160D.
(D) Sign permit.
(1) Permit issuance. The Administrator shall issue a permit for the erection, repair, replacement, or construction of outdoor advertising or business sign which meets the requirements of this chapter.
(2) Filing procedure. Applications for permits to erect, hang, place, paint, replace, repair, or alter the structure of an outdoor advertising or business sign shall be submitted on forms obtainable from the Administrator. Each application shall be accompanied by a plan showing the following:
(a) Outdoor advertising signs. In order for an application to be considered complete the applicant shall submit five copies of a site plan drawn to scale and certified by a professional state land surveyor or engineer. The site plan for new signs or the repair of existing signs shall contain, at a minimum, those items indicated in the sign site plan requirements of this chapter.
(b) Business signs. In order for an application to be considered complete the applicant shall submit five copies of a sign site plan drawn to scale. The site plan for all new, damaged, conforming, and nonconforming signs shall contain, at a minimum, those items indicated in the sign site plan requirements of this chapter.
(c) Expiration of an approved sign site plan.
1. Any sign permit that has received final approval shall be valid for a period of 365 days from the date the plan received approval from the Administrator. During this time, the sign shall be constructed as approved. Once this period has passed, the site plan shall be considered null and void. In the situation where the sign is considered to be conforming the permit may be renewed after the Planning Department has determined that the site is still a conforming site. Each application for renewal shall constitute a new review of the application and all pertinent fees shall apply.
2. A nonconforming sign shall not be allowed to be renewed; therefore, once a nonconforming site plan or permit has expired, then the site plan or permit shall be considered to be null and void and the applicant shall repeat the filling process and comply with all regulations for the placement of a conforming sign.
(E) Watersupply watershed development permit. Except for a single-family residence constructed on a lot deeded prior to January 1, 1994, no permit required under the North Carolina State Building Code shall be issued for any activity for which a watershed protection permit is required until that permit has been issued.
(1) Watershed protection permit. For purposes of this chapter, the land use and zoning permit shall serve as the watershed protection permit.
(a) Except where a single-family residence is constructed on a lot deeded prior to the effective date of this chapter, no building or built-upon area shall be erected, moved, enlarged, or structurally altered, nor shall any building permit be issued nor shall any change in the use of any building or land be made until a watershed protection permit has been issued by the Administrator. No watershed protection permit shall be issued except in conformity with the provisions of this chapter.
(b) Watershed protection permit applications shall be filed with the Administrator. The application shall include a completed application form and any supporting documentation deemed necessary by the Administrator.
(c) Prior to issuance of a watershed protection permit, the Administrator may consult with qualified personnel for assistance to determine if the application meets the requirements of this chapter.
(d) A watershed protection permit shall expire if a building permit or watershed occupancy permit for such use is not obtained by the applicant within 12 months from the date of issuance.
(2) Watershed protection occupancy permit. For purposes of this chapter, the required zoning inspection, performed under the direction of the Administrator, and certificate of occupancy shall serve as the watershed protection occupancy permit.
(a) The Administrator shall issue a watershed protection occupancy permit certifying that all requirements of this chapter have been met prior to the occupancy or use of a building hereafter erected, altered, or moved and/or prior to the change of use of any building or land.
(b) A watershed protection occupancy permit, either for the whole or part of a building, shall be applied for coincident with the application for a watershed protection permit and shall be issued or denied within ten days after the erection or structural alterations of the building.
(c) When only a change in use of land or existing building occurs, the Administrator shall issue a watershed protection occupancy permit certifying that all requirements of this chapter have been met coincident with the watershed protection permit.
(d) If the watershed protection occupancy permit is denied, the Administrator shall notify the applicant in writing stating the reasons for denial.
(e) No building or structure which has been erected, moved, or structurally altered may be occupied until the Administrator has approved and issued a watershed protection occupancy permit.
(3) Special nonresidential intensity allocation. A special nonresidential intensity allocation (SNIA) may be permitted for nonresidential uses. The county’s Watershed Review Board is authorized to approve SNIAs as consistent with the provisions of this chapter.
(F) Floodplain permit. A floodplain development permit shall be required in conformance with the provisions of this chapter prior to the commencement of any development activities within special flood hazard areas as determined in § 153.246(B).
(1) Application for floodplain development permit. Application for a floodplain development permit shall be made to the Administrator prior to any development activities located within special flood hazard areas. The following items shall be presented to the Administrator to apply for a floodplain development permit:
(a) A plot plan drawn to scale which shall include, but shall not be limited to, the following specific details of the proposed floodplain development:
1. The nature, location, dimensions, and elevations of the area of development/disturbance; existing and proposed structures, utility systems, grading/pavement areas, fill materials, storage areas, drainage facilities, and other development;
2. The boundary of the special flood hazard area as delineated on the FIRM or other flood map, as determined in § 153.246(B), or a statement that the entire lot is within the special flood hazard area;
3. Flood zone(s) designation of the proposed development area as determined on the FIRM or other flood map as determined in § 153.246(B);
4. The boundary of the floodway(s) or non-encroachment area(s) as determined in § 153.246(B);
5. The base flood elevation (BFE) where provided as set forth in:
a. Section 153.246(B);
b. Sections 153.246(C)(11) and 153.246(C)(12); or
c. Section 153.248(C).
6. The old and new location of any watercourse that will be altered or relocated as a result of proposed development; and
7. Certification of the plot plan by a professional state land surveyor or engineer.
(b) Proposed elevation, and method thereof, of all development within a special flood hazard area including, but not limited to:
1. Elevation in relation to mean sea level of the proposed reference level (including basement) of all structures;
2. Elevation in relation to mean sea level to which any nonresidential structure in Zone AE, A, or AO will be floodproofed; and
3. Elevation in relation to mean sea level to which any proposed utility systems will be elevated or floodproofed.
(c) If floodproofing, a floodproofing certificate (FEMA Form 81-65) along with detailed back-up computations and operational plans that specify the location on a FIRM panel of flood proofing measures, the entity responsible for transportation and installation according to the design within the warning time available, and maintenance of floodproofing measures assuring their effectiveness when installed. Floodproofing certificate and back-up computations and operational plans shall be certified by a professional state engineer or architect to ensure that the nonresidential floodproofed development will meet the floodproofing criteria in § 153.248(B)(2).
(d) A foundation plan drawn to scale which shall include details of the proposed foundation system to ensure all provisions of this chapter are met. These details include but are not limited to:
1. The proposed method of elevation, if applicable (i.e., fill, solid foundation perimeter wall, solid backfilled foundation, open foundation on columns/posts/piers/piles/shear walls); and
2. Openings to facilitate equalization of hydrostatic flood forces on walls in accordance with § 153.248(B)(4) when solid foundation perimeter walls are used in Zones A, AO, AE, and A1-30.
(e) Usage details of any enclosed areas below the regulatory flood protection elevation.
(f) Plans and/or details for the protection of public utilities and facilities such as sewer, gas, electrical, and water systems to be located and constructed to minimize flood damage.
(g) Copies of all other local, state, and federal permits required prior to floodplain development permit issuance (wetlands, endangered species, erosion and sedimentation control, stream and riparian buffers, mining, and the like).
(i) A description of proposed watercourse alteration or relocation, when applicable, including an engineering report on the effects of the proposed project on the flood-carrying capacity of the watercourse and the effects to properties located both upstream and downstream; and a map (if not shown on plot plan) showing the location of the proposed watercourse alteration or relocation.
(2) Permit requirements. The floodplain development permit shall include, but not be limited to:
(a) A description of the development to be permitted under the floodplain development permit;
(b) The special flood hazard area determination for the proposed development per available data specified in § 153.246(B);
(c) The regulatory flood protection elevation required for the reference level and all attendant utilities;
(d) The regulatory flood protection elevation required for the protection of all public utilities;
(e) All certification submittal requirements with timelines;
(f) A statement that no fill material shall encroach into the floodway or non-encroachment area of any watercourse, as applicable; and
(g) The flood openings requirements, if in Zones A, AO, AE, or A1-30.
(G) Communications tower permit.
(1) Permit (Level I). The permit issued by the Administrator as designated by this chapter, to an individual, corporation, partnership, or other entity to engage in the creation of amateur radio tower.
(2) Permit (Level II). The permit issued by the Administrator as designated by this chapter to an individual, corporation, partnership, or other entity to engage in co-location, attached antennas, antenna element replacements, tower mitigation, or new concealed towers, excluding amateur radio towers.
(3) Permit (Level III). The special use permit issued by the Administrator (after evidentiary hearing and approval by the Board of Adjustment) as designated by this chapter, to an individual, corporation, partnership, or other entity to engage in the creation of new towers, excluding amateur radio towers.
(4) Permit (Level IV). The special use permit issued by the Administrator (after evidentiary hearing and approval by the Board of Adjustment) as designated by this chapter, to an individual, corporation, partnership, or other entity to engage in the creation of new towers, specifically broadcast facilities.
(5) Permit level requirements table.
Permit Level | Issued by | Permit Type | Use |
I | Administrator | P | Amateur radio no greater than 50 feet in height |
II | Administrator | P | Co-location, attached antennas, replacement and mitigation, and new concealed towers |
III | BOA | C | New non-concealed towers |
IV | BOA | C | Broadcast facilities |
P- Permitted by right C- Permitted conditionally BOA- Board of Adjustment | |||
(6) Supplemental review. The county reserves the right to require a supplemental review for any permit (Level I, II, III, or IV) subject to the following.
(a) Where due to the complexity of the methodology or analysis required to review an application for a permit (Level I, II, III or IV) facility, the county may require the applicant to pay for a technical review by a third party expert, the costs of which shall be borne by the applicant and be in addition to other applicable fees. Schedules of current fees are listed in the county’s Fee Schedule.
(b) Based on the results of the expert review, the approving authority may require changes to the applicant’s application or submittals.
(c) The supplemental review may address any or all of the following:
1. The accuracy and completeness of the application and any accompanying documentation;
2. The applicability of analysis techniques and methodologies;
3. The validity of conclusions reached;
4. Whether the proposed communications facility complies with the applicable approval criteria set forth in these codes; and/or
5. Other items deemed by the county to be relevant to determining whether a proposed communications facility complies with the provisions of these codes.
(H) Special use permit. The development and execution of this chapter is based on the division of the county into districts, within which the use of land and buildings and the bulk and location of buildings and structures in relation to the land are substantially uniform. It is recognized, however, that there are some land uses which are basically in keeping with the intent and purposes of the district, but which may have an impact on the area around them which can only be determined by review of the specific proposal. These uses may be established, under certain conditions and with proper controls, in such a manner as to minimize any adverse effects. In order to ensure that these uses, in their proposed locations, would be compatible with surrounding development and in keeping with the purposes of the district in which they are located, their establishment shall not be as a matter of right, but only after review and approval of a special use permit as hereinafter provided.
(1) Initiation of special use permit. Any person having freehold interest in land, or a possessory interest entitled to exclusive possession, or a contractual interest which may become a freehold interest or an exclusive possessory interest, and which is specifically enforceable, may file an application to use such land for one or more of the special uses provided for in this chapter in the zoning district in which the land is located.
(2) Application for special use permit. Application for special use permits, signed by the applicant and property owner, shall be presented to the Administrator. Each application shall contain or be accompanied by such legal descriptions, maps, plans, and other information so as to completely describe the proposed use and existing conditions. Special use permit applications shall include information as to sign type and placement, if applicable. The application shall be forwarded to the county’s Board of Adjustment for review at its next available meeting, as determined by the application submittal schedule.
(3) Compliance with other codes.
(a) Granting of a special use permit does not exempt the applicant from complying with all of the requirements of building codes and other ordinances.
(b) In cases where a special use permit is applied for as a means to resolve a violation of this chapter, the use shall be ceased at notice of violation and until full compliance with this chapter is obtained. That is, approval of the special use permit application shall not constitute a granting to proceed with the use, only that the use approval has been granted and the applicant/owner may begin the permitting process to legally conduct the use.
(4) Revocation. In any case where the conditions of a special use permit have not been or are not being complied with, the Zoning Administrator shall give the permittee notice of intention to revoke such permit at least ten days prior to a Board of Adjustment review thereof. After conclusion of the review, the Board of Adjustment may revoke such permit.
(5) Expiration.
(a) In any case where a special use permit has not been exercised within the time limit set by the Board of Adjustment, or within two years if no specific time limit has been set, then without further action, the permit shall be null and void. EXERCISED as set forth in this section shall mean that binding contracts for the construction of the main building have been let; or in the absence of contracts that the main building is under construction to a substantial degree; or that prerequisite conditions involving substantial investment are contracted for, in substantial development, or completed.
(b) When construction is not a part of the use,
EXERCISED shall mean that the use is in operation in compliance with the condition set forth in the permit.
(I) Manufactured home park certificate of zoning compliance. All manufactured home parks shall maintain a valid certificate of zoning compliance. A certificate of zoning compliance issued to the owner of a manufactured home park shall constitute the authority to utilize the property as a manufactured home park in accordance with this chapter. The certificate of zoning compliance shall expire after a two year period or at the sale of the park to a new owner(s), whichever comes first, and shall be renewed to remain valid. The Planning Department shall withhold all permits to parks without a valid certificate of zoning compliance. Failure to obtain a valid certificate of zoning compliance within six months of September 15, 2003 shall be subject to enforcement and penalties of this chapter as set out in § 153.999.
(1) Issuance of certificate of zoning compliance. Upon completion of construction of the manufactured home park or each phase, the developer shall then apply for a certificate of zoning compliance.
(2) Amended certificate of zoning compliance. Any reduction of the total number of lots, shall require the issuance of an amended certificate of zoning compliance. The transfer of a manufactured home space or spaces either by sale or by any other means within the manufactured home park is prohibited.
(3) Department of Public Health.
(a) Biannual inspection. All manufactured home parks in the county shall be inspected by the county’s Department of Public Health at least once every two years. The certificate of zoning compliance of parks with sewage problems based on current 15A NCAC 18A .1900 may be revoked upon request of the county’s Department of Public Health.
(b) Validation of sanitary sewage system. Upon determination that an existing sanitary sewage system has a valid operation permit or a valid certificate of completion and is operating properly in a manufactured home park, the county’s Department of Public Health shall issue authorization in writing for a manufactured home to be connected to the existing system and to be occupied following the requirements set forth in this chapter and by the county’s Department of Public Health.
(4) Registration of occupants. Every manufactured home park owner shall maintain an accurate register containing a record of all occupants, owner(s) of manufactured homes, and a description of each home in the park. The register shall be available for inspection at all times by authorized county representatives. In accordance with G.S. § 105-316(a)(1), park owner(s) shall furnish to the county Tax Supervisor a copy of the register before January l of each calendar year.
(J) Other governmental permits. All permits required by local, state, and federal agencies shall be obtained as appropriate. Refusal or inability to receive permits required by other governmental agencies may result in non-issuance of a certificate of occupancy. Failure to obtain proper permits may result in pursuit of a violation, as provided herein.
(K) Permit expiration. Unless otherwise specified herein, all permits shall be valid for a period of 365 days.
(Ord. passed 10-17-2011; Res. passed 6-18-2012; Res. passed 10-19-2015; Res. passed 11-16-2020; Res. passed 6-21-2021) Penalty, see § 153.999