Other permits or certificates beyond those included in this Article may be required. Consult with the UDO Administrator. Any development approval issued in accordance with this UDO shall be in writing. The town 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. Applications for development approvals may be made by 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. Unless provided otherwise by law, all rights, privileges, benefits, burdens, and obligations created by development approvals made pursuant to this UDO attach to and run with the land.
4.12.1 Zoning permit.
A. Applicability.
1. No excavation shall be commenced; no wall, structure, premises, or land used, building or part thereof shall be built, constructed or altered; nor shall any building be moved; nor shall any sign be erected or structurally altered (unless exempted), until application has been made and the proper permit has been obtained. When the UDO Administrator, with the technical assistance of other town departments or consultant, has determined that the proposed land use may be permitted under the provisions of this ordinance, a permit for the proposed use shall be issued. In the event of an appeal of a negative decision by the UDO Administrator, the Board of Adjustment may direct issuance of the zoning permit, but only after overturning the UDO Administrator’s decision to deny the zoning permit.
2. It shall be unlawful to change the type of use of land, or to change the type of use or type of occupancy of any building, or to extend any use or any lot on which there is a nonconforming use until the UDO Administrator has issued a zoning permit for such intended use, including a determination that the proposed use, in all respects, conforms to the provisions of this ordinance.
3. Exemption. The UDO Administrator may, upon proof of approval by a legally constituted HOA, POA, or similar entity, waive the zoning permit requirement for enclosing an existing structure attached to an existing single-family or duplex dwelling for the purpose of extending the established residential use (e.g. enclosing a sunroom to allow for climate control).
B. Timing of application. In all cases where a building permit is required, application to and approval from the town for a zoning permit shall be made prior to the application to the county for a building permit. In all other cases, application shall be made before initiating any of the activities that trigger compliance with this Article.
C. Application requirements. All applications for a zoning permit shall be submitted in accordance with Article 4.1.3 (Application Requirements).
D. Action by UDO Administrator.
1. If the proposed excavation, construction, moving, alteration, or use of land, as set forth in an application for a zoning permit, is in conformity with the provisions of this ordinance, the UDO Administrator shall issue a zoning permit, provided that all of the following conditions shall apply:
a. Issuance of a zoning permit shall in no case be construed as waiving any provisions of this ordinance;
b. The UDO Administrator shall not grant any exceptions to the actual meaning of any clause, standard, or regulation contained in this ordinance to any person making application to excavate, construct, move, alter, or use buildings, structures, or land;
c. The UDO Administrator shall issue a permit when the imposed conditions of this ordinance are complied with by the applicant regardless of whether the use of the permit would violate contractual or other arrangements (including, but not by way of limitation, restrictive covenants) among private parties; and
d. The zoning permit shall include a determination that plans, specifications, and the intended use of such structure and land do, in all respects, conform to the provisions of this ordinance. Prior to the issuance of a zoning permit, the UDO Administrator shall consult with other applicable persons, as necessary.
2. If the proposed excavation, construction, moving, alteration, or use of land, as set forth in an application for a zoning permit, is not in conformity with the provisions of this ordinance, the UDO Administrator shall not issue a zoning permit. If an application for a zoning permit is disapproved, the UDO Administrator shall state in writing the cause of such disapproval and provide written notice to the applicant.
E. Expiration. Once a zoning permit has been issued, all activities pursuant to such permit shall be commenced within 12 months. If the proposed excavation, construction, moving, alteration, or use of land, as set forth in an application for a zoning permit, is discontinued for a period of six months or more, the zoning permit shall lapse and be of no further force and effect.
F. Appeal. Final action on a zoning permit may be appealed to the Board of Adjustment in accordance with Article 4.10 (Appeal of Administrative Decision).
4.12.2 (Final) certificate of occupancy/compliance. No certificate of occupancy or compliance shall be issued by the Brunswick County (the county) Building Inspector until:
A. The UDO Administrator certifies that all applicable standards of this ordinance have been met; and
B. No building, structure, or lot for which a zoning permit has been issued shall be used or occupied until Building Inspections has, after final inspection, recommended the issuance of a certificate of occupancy indicating compliance has been made with all provisions of this ordinance. However, the issuance of a certificate of occupancy shall in no case be construed as waiving any provisions of this ordinance.
4.12.3. Temporary use permit. See Article 14.
4.12.4. Sign permit. See Article 11.
4.12.5. Stormwater permit. (Reserved)
(Ord. passed 2-3-2021; Ord. passed 4-6-2022)