It shall be the responsibility of the Zoning Administrator to make determinations under development regulations.
(A) Determinations and notice of determination. Determinations shall be given in writing to the owner of the property that is the subject of the determination and to the party who sought the determination, if different from the owner. The written notice shall be delivered by personal delivery, electronic mail, or by first-class mail. The notice shall be delivered to the last address listed for the owner of the affected property on the county tax abstract and to the address provided in the application or request for a determination if the party seeking the determination is different from the owner.
(B) Duration of development approval. A development approval issued expires one year after the date of issuance if the work authorized by the development approval has not been substantially commenced.
(C) Changes. 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) Inspections. Administrative staff may inspect work undertaken pursuant to a development approval to assure that the work is being done in accordance with applicable state and local laws and of the terms of the approval. In exercising this power, staff are authorized to enter any premises within the jurisdiction of the local government at all reasonable hours for the purposes of inspection or other enforcement action, upon presentation of proper credentials; provided, however, that the appropriate consent has been given for inspection of areas not open to the public or that an appropriate inspection warrant has been secured.
(E) Revocation of development approvals. In addition to initiation of enforcement actions under G.S. § 160D-404, development approvals may be revoked by the local government issuing the development approval by notifying the holder in writing stating the reason for the revocation. The local government shall follow the same development review and approval process required for issuance of the development approval, including any required notice or hearing, in the review and approval of any revocation of that approval. Development approvals shall be revoked for any substantial departure from the approved application, plans, or specifications; for refusal or failure to comply with the requirements of any applicable local development regulation or any state law delegated to the local government for enforcement purposes in lieu of the state; or for false statements or misrepresentations made in securing the approval. Any development approval mistakenly issued in violation of an applicable state or local law may also be revoked. The revocation of a development approval by a staff member may be appealed pursuant to G.S. § 160D-405.
(F) Appeals. If an appeal is filed regarding an administrative development approval or determination pursuant to this chapter, the provisions in § 151.069 regarding stays apply.
(G) Fees for appeals. A fee of $25 shall be paid to the town to cover administrative costs for each appeal to the Board and the payment of such fee shall be a prerequisite to the filing of such appeal with the Board.
(Res. R-2021-03, passed 6-24-2021)