(A) Zoning Administrator.
(1) The Zoning Administrator or his/her designee is to enforce the provisions of this chapter and shall keep records of all variances and amendments to this chapter. As directed and provided for by the County Commissioners and/or County Manager, Deputy Zoning Administrators may be employed and/or appointed to assist the Zoning Administrator in the prescribed duties.
(2)
If the Zoning Administrator finds that any of the provisions of this chapter are being violated, and when appropriate with consultation of the County Attorney, he shall notify in writing by first class mail the person responsible for such alleged violations, indicating the nature of such alleged violation and ordering the action necessary to correct it. He shall order discontinuance of illegal use of land, buildings, or structures or of additions, alterations or structural changes thereto; discontinuance of any illegal work being done; or shall take any other action authorized by this chapter or the Board of Commissioners to insure compliance with or to prevent violations of its provisions.
(B) Zoning permit and building permit required.
(1) No land shall be used or occupied and no building hereafter erected, structurally altered, moved, or its use changed until a zoning permit has been issued (approved) by the Zoning Administrator or his/her designee, except in conformity with the provisions of this chapter or except after written order from the Board of Adjustment.
(a) A zoning permit is issued by the Zoning Administrator for permitted uses.
(b) A special use permit is issued by the Board of Adjustment.
(2) NOTE: The County cannot issue a certificate of occupancy unless zoning compliance is certified through an approved zoning permit.
(3) A record of all certificates shall be kept on file in the office of the Zoning Administrator and copies shall be furnished upon request to any person having a proprietary or tenancy interest in the building or land involved.
(C) Site plan requirements.
(1) NOTE: This section applies to site plans for individual lots. Submittal of site plans for development of a minor or major subdivision is a separate application process and subject to the Vance County Subdivision Ordinance, Chapter 155 of this Code. All applications for a zoning permit shall include 2 copies of a site plan, drawn to scale, which shall be of an appropriate size for review of the proposed project. One copy of the site plan shall be returned to the applicant upon approval, the submitted site plan shall contain the following (see example on next page):
(2) Submitted site plan requirements:
(a) Lot lines with dimensions;
(b) The location of said lot with respect to adjacent rights-of-way;
(c) The shape, dimensions, and location of all buildings, existing and proposed, driveways, and required setbacks;
(d) The current zoning category of the property for which the application is submitted, the current zoning of the adjacent properties, and the tax map number identification of the subject property.
(e) Distance from structures to lot lines and distance between structures;
(f) The nature of the proposed use of the building or land, including the extent and location of the use;
(g) Location of existing or proposed well;
(h) Location of existing or proposed septic tank, drainage field and replacement drainage field (Note: structures may not be located over septic tanks, drainage fields, or replacement drainage fields);
(i) The location and dimensions of off-street parking and loading space and means of ingress and egress;
(j) The square feet/percentage of lot as built upon area;
(k) The location of all required buffers;
(l) Required driveway permits from the Department of Transportation;
(m) Any additional information that may be necessary to meet state and local requirements for development; and
(n) Any other information, which the Zoning Administrator may deem necessary for consideration in enforcing all provisions of this chapter.
(3) Note:
(a) Prior to approval of the site plan, the Zoning Administrator may consult with other qualified personnel for assistance to determine if the application meets the requirements of this chapter.
(b) Review/approval of submitted site plans and zoning permit applications by the Planning and Development Department shall be 2 weeks (as feasible) upon submittal of the completed application and appropriate documentation by the applicant.
(c) Zoning permits shall have the same period of being valid as prescribed in G.S. §§ 160D- 403 and 160D-1110 as applicable to county building permits: A permit issued pursuant to G.S § 160D-1111 expires 6 months, or any lesser time fixed by ordinance of the county, after the date of issuance if the work authorized by the permit has not commenced. If after commencement the work is discontinued for a period of 12 months, the permit therefore immediately expires. No work authorized by a permit that has expired may thereafter be performed until a new permit has been secured.
(D) Temporary zoning permit. The Zoning Administrator may issue a temporary zoning permit for rallies, carnivals, religious revivals, and similar temporary uses. Such certificates shall be issued for a fixed period of time, but not to exceed 15 days, shall be subject to such limitations as the Zoning Administrator may impose to protect the character of the zone affected, and may be considered for reapplication. A fee set by the Board of Commissioners shall be charged for processing such an application. The adopted fee schedule shall be posted in the Planning and Development Department and the office of the Zoning Administrator and his/her designee.
(E) Right of appeal. If the zoning permit is denied, the applicant may appeal the action of the Zoning Administrator to the Board of Adjustment; and from the decision of the Board of Adjustment, recourse shall be by the Vance County Superior Court as provided by law. It is further the intention of this chapter that the duties of the Board of Commissioners, in connection with the chapter shall not include the hearing and passing upon disputed questions that may arise in connection with the enforcement thereof, but that the procedure for determining such questions shall be as herein set out in the chapter. The duties of the Board of Commissioners, in connection with this chapter, shall be only the duty of considering and passing upon any proposed amendment, or repeal of the chapter as provided by law.
(F) Complaints regarding violations. Whenever the Administrator receives a written, signed complaint from county residents, county property owners, or their agents or an absentee landowner or their agent that includes at least 2 parties (making the complaint) having been identified and signing the written complaint, he/she shall investigate the complaint, take whatever action is warranted, and inform the complainant in writing by mail using a first class mail letter, as to what action has been or will be taken. The Administrator may investigate a violation that he suspects or has knowledge of existing.
(G) Persons liable. The owner and, if different, the 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, suffer penalties and be subject to remedies herein provided.
(H) Procedures upon discovery of violations.
(1) If the Administrator finds that any provisions of this chapter are being violated, he shall send a written notice by personal delivery, electronic delivery or first class mail, to the person responsible for such 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. The person providing the notice shall certify to the local government that the notice was provided.
(2) 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 by this section.
(I) Cancellation of permits. The Zoning Administrator, in consultation with the County Attorney and through the Vance County Planning and Development Department shall cancel a building or occupancy permit when the method of construction or use violates any provisions contained in these regulations. Similar cancellation shall be carried out if a violation has not been remedied or if a written plan of action to remedy has not been submitted to the Zoning Administrator within 45 days of the postmarked date of the violation letter.
(Ord. 39, passed 10-3-2011; Am. Ord. 5-3-2021)