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§ 152.080  APPEAL OF ADMINISTRATIVE DECISIONS.
   (A)   Right of appeal. Any aggrieved party affected by a decision or interpretation of the Ordinance Administrator or other administrative official may appeal such decision or interpretation to the Board of Adjustment in accordance with the provisions of this section.
   (B)   Procedure.
      (1)   Initiation. An appeal taken in accordance with this section may be initiated by filing a written notice of appeal within 30 days of the date of the decision or interpretation with the Town Clerk.
      (2)   Contents of appeal. The written notice of appeal shall specify the grounds for the appeal, a statement of the improper decision or interpretation, the date of that decision or interpretation and all support materials related to the decision.
      (3)   Record. Upon receipt of the written notice of appeal, the Town Clerk shall transmit all the papers, documents and other materials relating to the decision or interpretation appealed to the Board of Adjustment. These materials shall constitute the record of the appeal.
      (4)   Scheduling of notice and hearing.
         (a)   Upon receipt of a notice of appeal, the Town Clerk shall schedule a public hearing and provide public notification in accordance with the standards in §§ 152.045 through 152.056 of this chapter.
         (b)   The Board of Adjustment shall hear the appeal at its next regularly scheduled meeting, based upon established scheduling policy, or as soon as is reasonably possible.
      (5)   Hearing and decision by Board of Adjustment. At the hearing, the person making the appeal may appear in person or by agent or attorney, and shall state the grounds for the appeal and identify any materials or evidence from the record to support the appeal. The Ordinance Administrator shall be given an opportunity to respond, as well as any other town staff or other person the Board of Adjustment deems necessary. In making its determination, the Board of Adjustment shall consider the application, the relevant support materials and the testimony given at the public hearing. Within 30 days following the close of the public hearing, the Board of Adjustment shall affirm, partly affirm, modify or reverse the decision or interpretation, based on the record and the requirements and standards of this chapter. Modifying or reversing the decision being appealed shall require an affirmative vote of at least four-fifths of the members of the Board of Adjustment who are eligible to vote as set forth in G.S. § 160A-388(e). All decisions by the Board of Adjustment shall be in writing and shall be filed by the Town Clerk within five days from the date the decision is made.
   (C)   Effect of appeal. A pending appeal stays all proceedings in furtherance of the action appealed, unless the Ordinance Administrator certifies to the Board of Adjustment after the notice of appeal is filed, that by reason of facts stated in the certificate, a stay would cause imminent peril to life or property. In such case, proceedings shall not be stayed otherwise than by a restraining order, which may be granted by a court of competent jurisdiction, on notice to the Ordinance Administrator and on due cause shown.
   (D)   Appeal.
      (1)   Any appeal from the decision of the Board of Adjustment shall be to the Superior Court for the county by petition for a writ of certiorari.
      (2)   Any such petition to the Superior Court shall be filed with the Clerk of Court no later than 30 days after the date the decision of the Board of Adjustment is filed by the Town Clerk, or after the date a written copy of the decision is delivered (via personal delivery or by registered or certified mail, return receipt requested) to every aggrieved party who has filed a written request for such copy with the Board of Adjustment at the public hearing, whichever is later.
(Ord. passed 3-5-2018)
§ 152.081  ESTABLISHMENT OF VESTED RIGHTS.
   (A)   Purpose. The purpose of this section is to provide a procedure allowing a landowner to apply for the right to develop land in accordance with a previously-approved site-specific development.
   (B)   Applicability. Vested rights, in accordance with this section, and G.S. § 160A-385.1, shall only be available to a landowner with a legally-established and approved site-specific development plan. For the purposes of this division (B), a site-specific development plan shall include the following:
      (1)   Development subject to an approved special use permit;
      (2)   Development subject to a minor subdivision plat;
      (3)   Development subject to a subdivision preliminary plat; or
      (4)   Development subject to a site plan.
   (C)   Procedure.
      (1)   Application submission, review and public notification. The applicable requirements for submission and review of an application are established in §§ 152.045 through 152.056 of this chapter.
      (2)   Review and recommendation by Planning Board. Following a review by the Ordinance Administrator, the application shall be referred to the Planning Board for review and recommendation. During the meeting, the Planning Board shall consider the application, the relevant support materials and any public comments given on the application. Within 45 days of the first meeting on an application, the Planning Board shall make a written recommendation to the town’s Board of Commissioners (unless a longer review period is established by mutual agreement of the applicant and Planning Board). In addition to making a recommendation as to approval or denial of the application and the appropriate period of time to vest a site-specific development plan, the Planning Board may also recommend the imposition of conditions on the approval in accordance with § 152.050 of this chapter. In no instance shall the application proceed to the public hearing before the town’s Board of Commissioners without a recommendation by the Planning Board.
      (3)   Review and decision by the town’s Board of Commissioners. After receipt of a recommendation from the Planning Board, public notification and the scheduling of a public hearing, the town’s Board of Commissioners shall conduct a public hearing on the application. At the public hearing, the town’s Board of Commissioners shall consider the application, the relevant support materials, the recommendation of the Planning Board and the testimony given at the public hearing. After the close of the public hearing, the town’s Board of Commissioners shall, by four-fifths majority of those present and eligible to vote, approve, approve with conditions or deny the application based on the standards in § 152.080(D) of this chapter. In the event the application is approved, the town’s Board of Commissioners shall establish the vesting period, which shall not exceed a maximum of five years from the date of approval of the establishment of vested rights.
   (D)   Vested rights standards.
      (1)   The town’s Board of Commissioners shall only grant vested rights in accordance with this section after making the following findings of fact:
         (a)   The site-specific development plan was lawfully established and approved in the appropriate manner by the appropriate decision- making body;
         (b)   The site-specific development plan has not expired;
         (c)   All required variances, if any, included as a condition of approval of a site-specific development plan have been obtained; and
         (d)   The site-specific development plan provides sufficient information to establish the types and intensity of proposed development with reasonable certainty.
      (2)   In approving the establishment of vested rights, the town’s Board of Commissioners may extend the two-year vested rights period to a period of up to five years, where warranted in light of all relevant circumstances, including, but not limited to, the size and phasing of development, economic cycles and market conditions.
(Ord. passed 3-5-2018)
ENFORCEMENT PROCEDURES
§ 152.095  PURPOSE.
   This subchapter establishes procedures through which the town seeks to ensure compliance with the provisions of this chapter and obtain corrections for chapter violations. It also sets forth the remedies and penalties that apply to violations of this chapter. The provisions of this chapter are intended to encourage the voluntary correction of violations, where possible.
(Ord. passed 3-5-2018)
§ 152.096  COMPLIANCE REQUIRED.
   Compliance with all the procedures, standards and other provisions of this chapter is required by all persons owning, developing, managing, using or occupying land or structures within the town’s jurisdiction.
(Ord. passed 3-5-2018)
§ 152.097  VIOLATIONS.
   (A)   Violations generally.
      (1)   Failure to comply with ordinance or term or condition of approval constitutes ordinance violation. Any failure to comply with a standard, requirement, prohibition or limitation imposed by this chapter, or the terms or conditions of any permit or other development approval or authorization granted in accordance with this chapter shall constitute a violation of this chapter punishable as provided in this chapter.
      (2)   Permits or permit approvals only authorize specified development. Permits or permit approvals issued by a decision-making body authorize only the use, arrangement, location, design, density or intensity and development set forth in such permits or development approvals.
   (B)   Specific violations. It shall be a violation of this chapter to undertake any land development activity contrary to the provisions of this chapter, including, but not limited to, any of the following:
      (1)   Developing land or a structure without first obtaining the appropriate permit or permit approval;
      (2)   Occupying or using land or a structure without first obtaining the appropriate permit or permit approval;
      (3)   Developing land or a structure without complying with the terms or conditions of the permit or permit approval required to engage in development;
      (4)   Occupying or using land or a structure in violation of the terms or conditions of the permit or permit approval;
      (5)   Subdividing land without first obtaining the appropriate permit or permit approval required to engage in the subdivision;
      (6)   Subdividing land without complying with the terms or conditions of the permit or permit approval required to engage in the development;
      (7)   Excavate, cut, clear or undertake any land disturbing activity without first obtaining all appropriate permits and permit approvals, and complying with their terms and conditions; and
      (8)   Install, create, erect, alter or maintain any sign without first obtaining the appropriate permit or permit approval;
      (9)   Fail to remove any sign installed, created, erected, altered or maintained in violation of this chapter, or for which the permit has expired;
      (10)   Create, expand, replace or modify any non-conformity, except in compliance with this chapter;
      (11)   Reduce or diminish the requirements for development, design or dimensional standards below the minimum requirements of this chapter;
      (12)   Increase the intensity or density of development, except in accordance with the standards of this chapter; and
      (13)   Through any act or omission, fail to comply with any other provisions, procedures or standards required by this chapter.
(Ord. passed 3-5-2018)
§ 152.098  RESPONSIBLE PERSONS.
   Any person who violates this chapter shall be subject to the remedies and penalties set forth in this subchapter.
(Ord. passed 3-5-2018)
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