(A) Duties and responsibilities. The Planning and Inspections Department serves as the lead agency for the overall administration of the UDO and serves as the primary professional staff of the Planning Board and Board of Adjustment.
(1) The Director of the Planning and Inspections Department or designee performs the following duties:
(a) Supervises the various activities of the department;
(b) Develops and maintains the comprehensive plan, area plans, other specialized plans, policies and regulations for plan implementation;
(c) Provides recommendations to the Planning Board, Board of Adjustment, Board of Commissioners and City Manager on all permits and approvals;
(d) Provides administrative assistance to special boards, committees and commissions;
(e) Serves as Executive Secretary to the Planning Board; and
(f) Performs other functions as may be necessary to effectively administer the city’s overall planning program.
(2) Except as otherwise specifically provided, primary responsibility for administering and enforcing the UDO may be assigned to one or more individuals by the Planning Director. The Planning Director may also hold the title of Zoning Administrator if he or she desires. The person or persons to whom these functions are assigned shall be referred to as the “Administrative Officer” or “Zoning Administrator”.
(3) The Zoning Administrator is also referred to as the Floodplain Administrator, and is appointed to administer and implement the Flood Damage Prevention provisions of Chapter 156.
(4) The Zoning Administrator or designee shall be responsible for the following duties:
(a) Establish and publish application procedures for permits, appeals and actions pursuant to the UDO and forms implementing the same;
(b) Issue zoning compliance and verification letters;
(c) Approve zoning permits and sign permits, pursuant to this chapter;
(d) Approve minor subdivision plats, pursuant to Chapter 158;
(e) Issue zoning vested rights certificates pursuant to this chapter;
(f) Issue all other permits and certificates pursuant to the UDO;
(g) Review all development plans and permits to assure that the permit requirements of the UDO have been satisfied;
(h) Interpret the applicability of the provisions of the UDO in matters where the text does not clearly provide guidance;
(i) Maintain all records pertaining to the provisions of the UDO in the Office of Planning and Inspections and make the records open for public inspection;
(j) Periodically inspect properties and activities for which permits have been issued to determine whether the use(s) is being conducted in accordance with the provisions of the UDO;
(k) Investigate violations of the UDO;
(l) Enforce the provisions of the UDO, as specified in Chapter 162;
(m) Serve as Executive Secretary to the Board of Adjustment;
(n) Issue notice of violation(s) when required;
(o) Use the remedies provided in the UDO to gain compliance;
(p) Gather evidence in support of those activities;
(q) Receive applications for appeals and waivers and forward the case to the appropriate Board; and
(r) Perform other necessary functions to effectively administer the UDO.
(B) Conflicts of interest.
(1) No staff member shall make a final decision on an administrative decision required by the UDO if the outcome of that decision would have a direct, substantial, and readily identifiable financial impact on the staff member or if the applicant or other person subject to that decision is a person with whom the staff member has a close familial, business, or other associational relationship.
(2) If a staff member has a conflict of interest under this section, the decision shall be assigned to the supervisor of the staff person or such other staff person as may be designated by the City Manager.
(3) No staff member shall be financially interested or employed by a business that is financially interested in a development subject to regulation under the UDO unless the staff member is the owner of the land or building involved.
(4) No staff member or other individual or an employee of a company contracting with the City to provide staff support shall engage in any work that is inconsistent with his or her duties or with the interest of the City.
(5) As per G.S. § 160D-1108, additional conflicts for staff members responsible for building inspections include:
(a) No inspector shall be financially interested or employed by a business that is financially interested in the furnishing of labor, material, or appliances for the construction, alteration, or maintenance of any building within the City’s planning and development regulation jurisdiction or any part or system thereof, or in the making of plans or specifications therefor, unless he/she is the owner of the building.
(b) No inspector shall engage in any work that is inconsistent with his or her duties or with the interest of the City, as determined by the City. Conflict of interest must be found if:
1. The inspector has worked for the owner, developer, contractor, or project manager of the project to be inspected within the last two years.
2. The inspector is closely related to the owner, developer, contractor, or project manager of the project to be inspected.
3. The inspector has a financial or business interest in the project to be inspected.
(c) The above provisions do not apply to a firefighter whose primary duties are fire suppression and rescue but who engages in some fire inspection activities as a secondary responsibility of his or her employment as a firefighter, except no firefighter may inspect any work actually done, or materials or appliances supplied, by the firefighter or his or her business within the preceding six years.
(Ord. passed 7-25-2011; Ord. 21-O-04, passed 6-28-2021)