(A) Development approvals. To the extent consistent with the scope of regulatory authority granted by G.S. Ch. 160D, no person shall commence or proceed with development without first securing any required development approval as described in this chapter. Development approvals may be issued 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.
(B) Zoning compliance permit.
(1) It shall be unlawful to begin construction, place, or move any structure, including signs, or to begin to grade or excavate for immediate construction until the Zoning Enforcement Officer has issued for such work a zoning compliance permit which includes a determination that the site plan, building specifications, and the intended use of such structure conform in all respects to these provisions. A zoning compliance permit is required for, but does not satisfy the need for, the issuance of a building permit when the proposed work requires it. Applicants are responsible for obtaining any additional permits from other agencies as required by applicable laws.
(2) It shall be unlawful to change the type of use or type of occupancy of any building, or to extend any use of any lot on which there is a nonconforming use, until the Zoning Enforcement Officer has issued for such intended use a zoning compliance permit, including a determination that the proposed use does, in all respects, conform to the provisions of this chapter.
(C) Determinations and notice of determinations.
(1) The officer making the determination shall give written notice 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 and to the address provided in the application or request for a determination if the party seeking the determination is different from the owner.
(2) It is conclusively presumed that all persons with standing to appeal have constructive notice of the determination from the date a sign providing notice that a determination has been made is prominently posted on the property that is the subject of the determination, provided the sign remains on the property for at least ten days. The sign shall contain the words "Zoning Decision" or "Subdivision Decision" or similar language for other determinations in letters at least six inches high and shall identify the means to contact a local government staff member for information about the determination. Posting of signs is not the only form of constructive notice. Any such posting is the responsibility of the landowner, applicant, or person who sought the determination. Verification of the posting shall be provided to the staff member responsible for the determination. Absent an ordinance provision to the contrary, posting of signs shall not be required.
(D) Duration of development approval. Unless a different period is specified by this chapter or other specific applicable law, including for a development agreement, a development approval issued pursuant to this chapter expires one year after the date of issuance if the work authorized by the development approval has not been substantially commenced.
(E) 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. The administrator shall follow the same development review and approval process required for issuance of the development approval in the review and approval of any major modification of that approval.
(F) 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.
(G) Certificate of occupancy. A local government may, upon completion of work or activity undertaken pursuant to a development approval, make final inspections and issue a certificate of compliance or occupancy if staff finds that the completed work complies with all applicable state and local laws and with the terms of the approval. No building, structure, or use of land that is subject to a building permit shall be occupied or used until a certificate of compliance or temporary certificate pursuant to G.S. § 160D-1116 has been issued.
(Res. 2022-23, passed 8-1-2022)