155.1.12.1 Development Approvals. No person shall commence or proceed with development without first securing any required development approval from the town. A development approval shall be in writing and may contain a provision requiring that the development comply with all applicable state and local laws. 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 chapter attach to and run with the land.
(A) No building or other structure shall be erected, moved, added to, demolished, or structurally altered without building and zoning permits therefor issued by the Planning and Inspections Department. No building permit shall be issued by the Department except in conformity with the provisions of this Ordinance and the North Carolina State Building Code unless he or she receives a written order from the Board of Aldermen in the form of a variance as provided by this Ordinance.
(B) All applications for building permits shall be accompanied by plans in duplicate drawn to scale, showing the actual dimensions and shape of the lot to be built upon, the exact sizes and locations on the lot of buildings already existing (if any), and the location and dimensions of the proposed buildings or alteration. The application shall include other information as lawfully may be required by the UDO Administrator, including existing or proposed building or alteration; existing or proposed uses of the building and land; the number of families, housekeeping units or rental units the building is designed to accommodate; conditions existing on the lot; floodplain development permit; and any other matters as may be necessary to determine conformance with, and provide for the enforcement of this Ordinance.
(C) One copy of the plans shall be returned to the applicant by the UDO Administrator, after he shall have marked the copy either as approved or disapproved and attested to same by his signature on the copy. One copy of the plans, similarly marked, shall be retained by the UDO Administrator.
(A) No land shall be used or occupied and no building hereafter structurally altered, erected, or moved, shall be used, or its use changed until a certificate of zoning compliance shall have been issued by the UDO Administrator stating that the building or the proposed use thereof complies with the provisions of this Ordinance. For purposes of this Section 155.1.12.3, a "use change" shall include a change in ownership of the land or business operated upon the land. All applications for a certificate of zoning compliance shall be in accordance with Section 155.1.124 of the Town Code of Ordinances.
(B) A certificate of zoning compliance, either for the whole or a part of a building, shall be applied for coincident with the application for a building permit and shall be issued together with the building permit.
(C) A record of all preliminary and final certificates shall be kept on file in the office of the UDO Administrator.
(D) No preliminary certificate of zoning compliance shall be issued until the applicant has filed a written statement with the UDO Administrator describing the intended use of the property.
(A) Each application for a preliminary certificate of zoning compliance shall be accompanied by a plan in duplicate, drawn to scale, one copy of which shall be returned to the owner upon approval. The plan shall show the following:
(1) The shape and dimensions of the lot on which the proposed building or use is to be erected or conducted.
(2) The location of the lot with respect to adjacent rights-of-way.
(3) The shape, dimensions, and location of all buildings, existing and proposed, on the lot.
(4) The nature of the proposed use of the building or land, including the extent and location of the use on the lot.
(5) The location and dimensions of off-street parking and the means of ingress and egress to the space.
(6) Any other information which the UDO Administrator may deem necessary for consideration in enforcing the provisions of this Ordinance.
(B) Upon completion of all final inspections of work for which a building permit was issued and prior to the issuance of a certificate of compliance as required by N.C.G.S. § 160D-403(g), the UDO Administrator shall issue a final certificate of zoning compliance indicating that the completed repairs or construction comply with the provisions of this Ordinance. All new structures, substantially improved structures (as defined in Exhibit A), all structures that have been elevated and all structures which have been added to shall be required to provide verification of building height and setbacks before a final certificate of zoning compliance is issued. Such verification shall be in the form of a survey or other documentation acceptable to the UDO Administrator and prepared by a registered land surveyor. The height and elevation of the structure may be provided on the "Elevation Certificate" under "Comments".
• Occupancy or use of a building, structure, or land for which a building permit is required
• Change of use of any building or land.
A certificate of occupancy, either for the whole or a part of a building, shall be applied for coincident with or subsequent to the application for a certificate of zoning compliance and shall be issued within ten business days after the erection or structural alteration of such building or part shall have been completed in conformity with the provisions of this Ordinance. Additionally, a certificate of occupancy shall be applied for and must be granted before any person occupies a building for which a change in use is proposed. A certificate of occupancy shall not be issued unless the proposed use of a building or land conforms to the applicable provisions of this Ordinance. If the certificate of occupancy is denied, the UDO Administrator shall state in writing the reasons for refusal and the applicant shall be notified of the refusal. A record of all certificates shall be kept on file in the office of the UDO Administrator for a period of five years and copies shall be furnished on request to any persons having a proprietary or tenancy interest in the building or land involved.
A temporary certificate of occupancy may be issued for a portion or portions of a building which may safely be occupied prior to final completion and occupancy of the entire building or for other temporary uses.
An as-built survey and elevation certificate for any project involving development, redevelopment, expansion, or renovation which results in an expansion of the existing structure footprint must be submitted to the UDO Administrator prior to the issuance of a certificate of occupancy. The as-built survey must be prepared by a registered land surveyor licensed in the State of North Carolina.
(A) Complaints Regarding Violations. Whenever the UDO Administrator receives a written, signed complaint alleging a violation of the Ordinance, he/she shall investigate the complaint, take whatever action is warranted, and inform the complainant in writing what actions will be taken.
(B) Inspections. Administrative staff may inspect work undertaken pursuant to a development approval to assure that the work is being done in accordance with applicable laws and of the terms of the approval. In accordance with N.C.G.S. § 160D-1113, as the work pursuant to a building permit progresses, local inspectors shall make as many inspections thereof as necessary to satisfy them that the work is being done according to any applicable laws and of the terms of the permit. In exercising these powers, staff and inspectors are authorized to enter any premises within the jurisdiction of Wrightsville Beach 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.
155.1.12.7 Persons Liable. The owner, 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 Ordinance may jointly and/or independently be held responsible for the violation and suffer the penalties and be subject to the remedies herein provided.
(A) If the UDO Administrator finds that any provision of this Ordinance or provision of a development approval is being violated, they must issue notice of violations in conformance with the statutory procedures outlined here and in accordance with N.C.G.S. § 160D-404.
(1) A written notice of violation may be issued. The notice of violation shall be delivered to the holder of the development approval and to the landowner of the property involved, by personal delivery, electronic delivery, or first-class mail and may be provided to the occupant of the property or the person undertaking the work or activity. The notice may also be posted on the property.
(2) The person providing the notice of violation shall certify to the local government that the notice was provided, and the certificate shall be deemed conclusive in the absence of fraud.
(B) If the UDO Administrator sends a written notice, such notice shall indicate the nature of the violation and describe the action required to correct it. The notice shall also indicate what action the UDO Administrator intends to take if the violation is not corrected and advise the person responsible for such violation that the UDO Administrator's decision or order may be appealed to the Board of Adjustment in accordance with subsection 155.4.4.1. and N.C.G.S. § 160D-405.
(C) Any enforcement action undertaken by the UDO Administrator shall be in accordance with the provisions of subsection 155.1.12.9.
(A) A violation of any provision of this Ordinance is a misdemeanor or infraction as provided by N.C.G.S. § 14-4 and punishable upon conviction by a fine not exceeding $500.
(B) Except as otherwise provided herein and except as provided in Section 155.9.23, Tree Preservation, a violation of any provision of this Ordinance shall subject the offender to a civil penalty in the amount of $50 to be recovered by the town in a civil action and the nature of debt if the offender does not pay the penalty within ten days after being cited for a violation of the Ordinance.
(B1) A violation of any provision of this chapter prohibiting the use of private property as a public parking lot shall subject the offender to a civil penalty in the amount of $250 to be recovered by the town in a civil action in the nature of debt if the offender does not pay the penalty within ten days after being cited for a violation of the Ordinance.
(C) The provisions of this Ordinance may be enforced by an appropriate equitable remedy issuing from a court of competent jurisdiction.
(D) Each day's continuing violation of any provisions of this Ordinance shall be a separate and distinct offense.
(E) The provisions of this Ordinance may be enforced by any one, all, or a combination of the remedies authorized and prescribed by N.C.G.S. § 160A-175 and this section.
(A) Any permit or development approval issued under this Ordinance may be revoked by the permit-issuing authority of the local government (in accordance with the provisions of this subsection) for (1) any substantial departure from the approved application, plans, or specifications; (2) refusal or failure to comply with the requirements of this Ordinance or any other local development regulation, (3) false statements or misrepresentation made in securing the approval; or because (4) a development approval was mistakenly issued.
(B) Development approvals may be revoked 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.
(C) Appeals of the revocation of a development approval may be made to the Board of Adjustment as provided for in subsection 155.4.4.1. and pursuant to the requirements of N.C.G.S. § 160D-405.
(D) No person may continue to make use of land or building in the manner authorized by any permit issued under this Ordinance after such permit has been revoked in accordance with this Ordinance.
(A) Every decision of the Board of Aldermen granting or denying a special use permit and every final decision of the Board of Adjustment shall be subject to review by the Superior Court of New Hanover County by proceedings in the nature of certiorari.
(B) The petition for the writ of certiorari must be filed with the New Hanover County Clerk of Court within 30 days after the later of the following occurrences:
(1) A written copy of the Board's decision has been filed in the Office of the Planning Department, and
(2) A written copy of the Board's decision has been delivered by personal service or certified mail, return receipt requested, to the applicant or appellant and every other aggrieved party who has filed a written request for such copy at the hearing of the case.
(C) A copy of the writ of certiorari shall be served upon the Town of Wrightsville Beach.
(Ord. 1695, passed 11-8-12; Am. Ord. 1747, passed 10-13-15; Am. Ord. 1813, passed 10-8-20; Am. Ord. 1838, passed 3-10-22)