§ 153.255 ADMINISTRATOR.
   (A)   Generally. The provisions of this subchapter shall be administered by the Administrator and any other officials designated by the City Council for the Administration of this chapter.
   (B)   Zoning inspection; duties specified. If the Administrator shall find that any of the provisions of this chapter are being violated, he or she shall cause notification, in writing, to the owner of the property upon which the violation is located, indicating the nature of the violation and order that necessary actions be taken to correct the deficiency. He or she shall order discontinuances of illegal uses of land, buildings or structures, removal of illegal buildings or structures or of illegal additions, alterations or structural changes, discontinuance of any illegal work being done and shall take any other action authorized by this chapter to ensure its compliance.
   (C)   Zoning permit and other development approval.
      (1)   Generally.
         (a)   These regulations govern the development and use of all land and structures in the City of Lincolnton planning jurisdiction. No building, structure, or land shall be used or occupied, and no building, structure, or part thereof shall be erected, constructed, reconstructed, moved, enlarged, or structurally altered, unless in conformity with all the provisions of these regulations for the district in which it is located and other applicable regulations, except as otherwise provided by these regulations.
         (b)   No person shall commence or proceed with development without first securing any required development approval from the city. A development approval shall be in writing and may contain a provision that the development shall comply with all applicable state and local laws. The city may issue development approvals in print or electronic form. Any development approval issued exclusively in electronic form shall be protected from further editing once issued.
         (c)   In accordance with G.S. § 160D-403, applications for zoning permits and other development approvals must be made by a person with a property interest in the property or a contract to purchase the property (the landowner, a lessee or person holding an option or contract to purchase or lease land, or an authorized agent of the landowner). An easement holder may also apply for development approval for such development as is authorized by the easement.
         (d)   No building, sign (except as otherwise indicated) or other structure shall be erected, moved or extended or enlarged or structurally altered; nor shall any building, sign or other structure be repaired exceeding $1,000 of market value of the repairs, nor shall any excavation or filling of any lot for the construction of any building be commenced until the Administrator has issued a zoning permit for the work or change in use, in accordance with a fee schedule established by the City Council.
      (2)   Exceptions. Provided however, except in the HO-Historic Overlay District, the following structures shall not require zoning permits:
         (a)   Signs listed under § 153.166 of this chapter;
         (b)   Construction of public utility lines (gas, electric, water, sewer, cable TV);
         (c)   Erection of a customary residential use television or FM radio reception antenna; and
         (d)   Rural mail boxes or roadside newspaper boxes.
      (3)   Expiration of zoning permit and other development approval.
         (a)   Except as provided in §§ 153.316 and 153.345 through 153.354 of this chapter or other specific applicable law or a different period is provided by a quasi-judicial development approval, any zoning permit and any other form of development approval issued in accordance with this chapter will expire one year after date of issuance if the work authorized by the zoning permit or other form of development approval has not been substantially commenced.
         (b)   Unless provided otherwise by this chapter or other specific applicable law or a longer period is provided by local ordinance, if after commencement the work or activity is discontinued for a period of 12 months after commencement, the development approval shall immediately expire. The time periods set out in this division shall be tolled during the pendency of any appeal. No work or activity authorized by any development approval that has expired shall thereafter be performed until a new development approval has been secured. Nothing in this division shall be deemed to limit any vested rights secured under G.S. § 160D-108.
         (c)   Once a zoning permit or other form of development approval has expired, construction work on the lot(s) in question cannot proceed until a new zoning permit or other required development approval has been issued.
      (4)   Records. The Zoning Officer shall maintain a record of all zoning permits on file at his or her office, and copies shall be made available on request to interested parties.
      (5)   Conditions for approval.
         (a)   Zoning permits issued on the basis of dimensional plans approved by the Administrator authorize only the use, arrangement and construction set forth in the approved plans and applications.
         (b)   Use, arrangement or construction that materially differ from that authorized shall be deemed a violation of this chapter and shall be punishable as indicated under § 153.999 of this chapter.
         (c)   After a development approval has been issued, no deviations from the terms of the application or the development approval shall be made until written approval of proposed changes or deviations has been obtained.
         (d)   Unless provided otherwise by law, all rights, privileges, benefits, burdens, and obligations created by development approvals made pursuant to this chapter attach to and run with the land.
(Prior UDO, § 14.1) (Ord. passed - - ) Penalty, see § 153.999