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(B) The determination of the exact location of a zoning district's boundary line shall be guided by the provisions of § 154.062.
(1981 Code, § 1109) (Ord. passed 6-28-2004)
Nothing herein contained shall require any change in the plans, construction, size or designated use of any building, structure or part thereof for which a building permit had been granted by the Building Inspector before the time of passage of this chapter; provided, however, that where construction is not begun under an outstanding permit within a period of 60 days subsequent to passage of this chapter or where it has not been prosecuted to completion within 18 months subsequent to passage of this chapter, any further construction or use shall be in conformity with the provisions of this chapter.
(1981 Code, § 1110) (Ord. passed 6-28-2004)
For the purpose of establishing and maintaining sound, stable and desirable development within Liberty and its extraterritorial planning jurisdiction, this chapter shall not be amended except to correct a manifest error in the chapter, or because of changed or changing conditions in a particular area or in the jurisdiction of the Town of Liberty generally, to rezone an area, extend the boundary of an existing zoning district, or to change the regulations and restrictions thereof, and then, only as reasonably necessary to the promotion of the public health, safety or general welfare, and to achieve the purposes of the adopted Land Development Plan.
(A) Amendment initiation. Subject to the limitations of the foregoing statement of intent, an amendment to this chapter may be initiated by:
(1) The Town Council on its own motion;
(2) The Planning Board; or
(3) Application by any property owner or his or her or her agent, a citizen or his or her or her agent.
(B) Filing and contents of amendment application.
(1) Filing of applications. All applications for amendments to this chapter shall be in writing, signed and filed, 1 copy with the Town Manager for presentation to the Town Council and 1 copy with the Zoning Administrator.
(2) Contents of application. All applications for amendments to this chapter, without limiting the right to file additional material, shall contain at least the following:
(a) If the proposed amendment would require a change in the zoning atlas, a fully dimensioned map, at a scale of not more than 200 feet to the inch, showing the land which would be covered by the proposed amendment;
(b) A legal description of the land, if applicable;
(c) Any alleged error in this chapter which would be corrected by the proposed amendment with a detailed explanation of the error in the chapter and detailed reasons how the proposed amendment will correct same;
(d) The changed or changing conditions, if any, in the jurisdiction of the Town of Liberty generally, which make the proposed amendment reasonably necessary to the promotion of the public health, safety and general welfare;
(e) The manner in which the proposed amendment will carry out the intent and purpose of the adopted Land Development Plan; and
(f) All other circumstances, factors and reasons which applicant offers in support of the proposed amendment.
(C) Referral of application to Planning Board and Zoning Administrator.
(1) The Town Manager, acting as agent for the Town Council, shall upon receipt of an application to amend this chapter, examine and approve as to form the application and shall refer the same to the Planning Board for study and report.
(2) The Town Manager, concurrently with the referral to the Planning Board, shall require the Zoning Administrator to prepare a report on the application.
(3) The Zoning Administrator shall prepare and submit a written report to the Planning Board.
(4) The report shall be submitted prior to the meeting at which the Board will consider the application.
(5) The Administrator shall also submit a copy of the report to the Town Council prior to the public hearing described in division (D) below.
(D) Public hearing and notice thereof.
(1) A public hearing shall be held by the Town Council before adoption of any proposed amendment to this chapter.
(2) Notice of the public hearing shall be given as required by G.S. Ch. 160D. Amendments to G.S. Ch. 160D shall be incorporated within this section without any further action by the Town Council.
(E) Receipt of applications and public hearings thereon.
(1) The Town Manager, acting as agent for the Town Council, shall receive applications for amendments to this chapter and shall refer them for recommendation as stated in division (C) above.
(2) The deadline for filing of applications for changes and amendments and special use permits and conditional use permits will normally be 5:00 p.m. on the day which is 35 days prior to the date of the Town Council meeting for which the public hearing is to be set.
(3) The Town Manager, acting as agent for the Town Council, shall schedule each complete application for a public hearing.
(4) Hearing dates may be established for a regular or special meeting of the Town Council.
(F) Action of Town Council. The Town Council, after the public hearing on the application and the receipt of the recommendation of the Planning Board and the Zoning Administrator, shall then take 1 of the following actions:
(1) Approval of the application;
(2) Approval of a modified version of the application; or
(3) Denial of the application.
(G) Citizen comments. Subject to the limitations of this chapter, zoning regulations may from time to time be amended, supplemented, changed, modified, or repealed. If any resident or property owner in the local government submits a written statement regarding a proposed amendment, modification, or repeal to a zoning regulation, including a text or map amendment that has been properly initiated as provided in G.S. § 160D-601, to the Clerk to the Board at least 2 business days prior to the proposed vote on such change, the Clerk to the Board shall deliver such written statement to the Governing Board. If the proposed change is the subject of a quasi-judicial proceeding under G.S. § 160D-705 or any other statute, the Clerk shall provide only the names and addresses of the individuals providing written comment, and the provision of such names and addresses to all members of the Board shall not disqualify any member of the Board from voting.
(H) Withdrawal of application. An applicant may withdraw his or her or her application at any time by written notice to the Town Manager.
(I) Effect of denial on subsequent petitions.
(1) When the Town Council shall have denied an application the Town Council shall not receive another application for the same or similar amendment, affecting the same property or a portion of it until the expiration of a 1-year period, extending from the date of denial.
(2) Not more than 2 applications may be filed for rezoning all or part of the same property within any 12-month period.
(J) Fees. Fees for filing application for amendments shall be set by the Town Council.
(1981 Code, § 1111) (Ord. passed 6-28-2004; Am. Ord. passed 8-8-2023)
It is the intent of this section that the applicant for rezoning shall be prohibited from offering any testimony or evidence concerning the specific manner in which he or she intends to use or develop the property.
(1981 Code, § 1112) (Ord. passed 6-28-2004; Am. Ord. passed 8-8-2023)
(A) Complaints regarding violations.
(1) Whenever the Zoning Administrator receives a written, signed complaint alleging a violation of this chapter, he or she shall investigate the complaint, take whatever action is warranted, and inform the complainant in writing what actions have been or will be taken.
(2) Nothing in this section shall be construed to prohibit the Zoning Administrator from initiating an investigation and taking any enforcement action authorized by this chapter when the Zoning Administrator, regardless of whether or not a signed complaint has been received, has any reason to believe that any provision of this chapter is being violated.
(B) Persons liable. The owner, tenant or occupant of any building or land or part thereof and any architect, builder, contractor, agent or other person who participates in, assists, directs, creates or maintains any situation that is contrary to the requirements of this chapter may be held responsible for the violation and suffer the penalties and be subject to the remedies herein provided.
(C) Procedures upon discovery of violations.
(1) If the Administrator finds that any provision of this chapter is being violated, he or she shall send a written notice to the person responsible for the violation, indicating the nature of the violation and ordering the action necessary to correct it. Additional written notices may be sent at the Administrator's discretion.
(2) The final written notice (and the initial written notice may be the final notice) shall state what action the Administrator intends to take if the violation is not corrected and shall advise that the Administrator's decision or order may be appealed to the Board of Adjustment as provided in § 154.047.
(3) Notwithstanding the foregoing, in cases when delay would seriously threaten the effective enforcement of this chapter or pose a danger to the public health, safety or welfare, the Administrator may seek enforcement without prior written notice by invoking any of the penalties or remedies authorized in this section.
(D) Permit revocation.
(1) A zoning, building, sign, special use or conditional use permit may be revoked by the permit issuing authority (in accordance with the provisions of this section) if the permit recipient fails to develop or maintain the property in accordance with the plans submitted, the requirements of this chapter, or any additional requirements lawfully imposed by the permit issuing board.
(3) Before a zoning or sign permit may be revoked, the Administrator shall give the permit recipient 10 days notice of the intent to revoke the permit and shall inform the recipient of the alleged reasons for the revocation and of his or her right to obtain an informal hearing on the allegations. If the permit is revoked, the Administrator shall provide to the permittee a written statement of the decision and the reasons therefore.
(4) No person may continue to make use of land or buildings in the manner authorized by any zoning, sign, special use or conditional use permit after the permit has been revoked in accordance with this section.
(E) Judicial review. Every decision of the Town Council granting or denying any rezoning, special use permit, or conditional use permit and every final decision of the Board of Adjustment shall be subject to review by the Superior Court of Randolph County by proceedings in the nature of certioraris.
(1981 Code, § 1114) (Ord. passed 6-28-2004)
(A) In interpreting and applying the provisions of this chapter they shall be held to be the minimum requirements for the promotion of the public safety, health, convenience, prosperity and general welfare.
(B) It is not intended by this chapter to interfere with or abrogates or annuls any easements, covenants or other agreements between parties; provided, however, that where this chapter imposes a higher standard or greater restriction than is imposed or required by other ordinances, rules, regulations and statutes or by easements, covenants or agreements, the provisions of this ordinance shall govern.
(C) When the provisions of any other ordinances, rules, regulations or statutes impose higher standards than are required by the provisions of this chapter, the provisions of that ordinance, rule, regulation or statute shall govern.
(1981 Code, § 1116) (Ord. passed 6-28-2004)
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