Article III: Administration Provisions

Article III: Administration Provisions

ARTICLE III: ADMINISTRATION PROVISIONS

SECTION 30-1 – ZONING ADMINISTRATOR

30-1.1The Zoning Administrator appointed by the Dortches Town Council is duly charged with the enforcement of the provisions of this Ordinance. If the Zoning Administrator finds that any of the provisions of this Ordinance are being violated, he shall notify in writing the person(s) responsible for such violations, indicating the nature of the violation and ordering the action(s) necessary to correct it. He shall also take any other action authorized by this Ordinance to ensure compliance with or to prevent violation of its provisions

SECTION 30-2 PERMITS REQUIRED

(A) No person shall undertake any development activity subject to this Ordinance except in accordance with and pursuant to one of the following permits:

(1) A zoning permit issued by the Zoning Administrator;

(2) A special use permit issued by the Board of Adjustment; or

(3) A conditional use permit issued by the Town Council.

(B) Zoning permits, special use permits, and conditional use permits are issued under this Ordinance only when a review of the application submitted, including the site plans contained therein, indicates that the development will comply with the provisions of this Ordinance if completed as proposed. Such plans and applications will be incorporated into any permit issued, and except as otherwise provided herein, all development shall occur strictly in accordance with such approved plans and applications.

(C) Physical improvements to land to be subdivided may not be commenced except in accordance with a subdivision plat approved pursuant to appropriate provisions in the Town of Dortches Subdivision Regulation.

(D) The following are exempt from zoning permit requirements:

(1) Farm buildings (other than residences) used for bona fide farm purposes;

(2) Any accessory building with a building dimension of 12 square feet or less; and

(3) Facilities (other than buildings) of a public utility or an electric or telephone membership corporation.

(E) PERMIT APPLICATIONS AND PLANS

(1) Submission: Unless otherwise specified, all applications for permits under this Ordinance shall be submitted by the owner of the property or the authorized agent of such owner to the Zoning Administrator. The Zoning Administrator may require reasonable proof of agency from any person submitting an application as an agent.

(2) Form of Submission: An application for any permit under this Ordinance shall be submitted in such form, number of copies and format as required by the Town.

(3) Waiver of Submission Requirements: The Zoning Administrator may waive submission of required elements of information when, in his/her opinion, such information is otherwise available or is not necessary to review the application. The Zoning Administrator may refuse to process an incomplete application.

(4) Processing: All applications for permits shall be submitted, reviewed and processed in accordance with the requirements of this Ordinance.

(5) Approved Plans: A copy of required plans or information submitted with the application shall be returned to the applicant after the Zoning Administrator has marked the copy either approved or disapproved and attested to same. A similarly marked copy shall be retained by the Zoning Administrator.

(6) Health Department Construction Permit Required: A permit for any building or use for which a State or County Health Department permit for installation of a well or a sewage disposal system is required or for which approval by the State or County Health Department of an existing well or sewage disposal system is required, shall not be issued until such permit or approval has been issued by the State or County Health Department.

(7) It is not necessary that the application contain the type of detailed construction drawings for roads, utilities, etc that would be necessary to determine compliance with these appendices, so long as the plans provide sufficient information to allow the permit-issuing authority to evaluate the application in the light of the substantive requirements set forth in the text of this Ordinance. However, whenever this Ordinance requires a certain element of a development to be constructed in accordance with the detailed requirements, then no construction work on such element may be commenced until detailed construction drawings have been submitted to and approved by the NCDOT, the applicable utility provider, or other appropriate approval authority. Failure to observe this requirement may result in permit revocation, denial of final subdivision plat approval, or other penalty as provided in the enforcement section of this Ordinance.

(F) Application Procedure for Zoning Permit

(1) Plot or Site Plan – A plot plan drawn to a scale of not less than one (1) inch = 40 feet shall be submitted to the Zoning Administrator for all permit for single or twofamily construction on a single lot to determine if the proposal meets the requirements and intent of this Ordinance. If the request involves a special or conditional use permit or any other requirement as such, a site plan (1 inch = 100 ft. or 200 ft. if over 5 acres) shall be submitted to the Zoning Administrator.

(2) The siteplan should include among other things:

(a)The name and addresses of the owner or owners, and the designer or surveyor;

(b)Date, scale, and approximate North Arrow;

(c)Site plan showing streets, driveways, recreation areas, parking spaces, service buildings, water courses, easements, mobile home spaces, and all structures to be located on the park site.

(d)Vicinity map showing the location of the park and the surrounding land uses;

(e)Names of adjoining property owners

(f)The proposed utility system for water, sewer, gas, surface water, drainage, streetlights, and electrical power.

(3) After careful review and consideration of the site plan, the Zoning Administrator shall have fifteen (15) days within which to approve or disapprove the plan.

(a) If the plan is approved, the Zoning Administrator shall issue the owner or developer a ZoningPermit, which is authority to continue withbuilding permit process with Nash County Planning andInspection. In the case of special conditions or requirements, the Zoning Administrator will note said conditions and requirements on the Zoning Permit, which will require a compliance inspection and certification.

(b) If the plan is disapproved, the Zoning Administrator shall advise the owner or developer, in writing, the conditions upon which the plan will be approved. When the conditions are agreed to by the owner or developer, a ZoningPermit shall be issued.

SECTION 30-3 – RIGHT OF APPEAL
30.3.1 If the Zoning Permit and/or Zoning Compliance are denied, the applicant may appeal the action of the Zoning Administrator to the Board of Adjustment.

SECTION 30-4- PLANNING BOARD

30-4.1 Authority- The Planning Board’s membership, meeting and

Voting procedures are outlined in the Ordinance to establish the Dortches

Planning Board adopted December 18, 1984 and shall take effect and be in force upon adoption of this ordinance.

30-4.2 Powers and Duties- the Planning Board may:

(A)Make studies and recommend to the Town Council plans,

goals and objectives relating to the growth, development and redevelopment of the Town’s planning jurisdiction.

(B) Develop and recommend to the Town Council policies, ordinances,

administrative procedures and other means for carrying out plans in a coordinated and efficient manner.

(C) Make recommendations to the Town Council concerning proposed

conditional use permits and proposed zoning text and map changes, as provided by Articles X and XIV, respectively.

(D) Review and make recommendations major subdivisions in accordance with the Subdivision Regulations.

(E) Perform any other duties assigned by the Town Council.

30-4-3 Advisory Committees

(A) From time to time, the Town Council may appoint one or more

individuals to assist the Planning Board to carry out its planning responsibilities with respect to a particular subject area.

(B)Members of such advisory committees shall sit as nonvoting

Members of the Planning Board when such issues are being considered and lend their talents, energies, and expertise to the Planning Board. However, all formal recommendations to the Town Council shall be made by thePlanning Board.

(C) Nothing in this section shall prevent the Town Council from

Establishing independent advisory groups, committees, or boards to make recommendations on any issue directly to the Town Council.

SECTION 30-5 - BOARD OF ADJUSTMENT

(A) COMPOSITION - The Dortches Town Council shall provide for the appointment of the Dortches Board of Adjustment. The Board of Adjustment shall consist of five (5) regular members and two (2) alternate members who will serve in the absence, with full privileges, of any single regularmember. Each member shall serve in three-year terms. Vacancies may be filled for unexpired terms. Members may be reappointed to no more than three consecutive terms.

(B) RULES FOR PROCEEDINGS -The Board shall adopt rules governing its organization and for all proceedings before it. Such rules shall provide and require the following in addition to such other rules and regulations the Board shall adopt:

  • The Board shall elect a chairman, a vice-chairman and a secretary on an annual basis.
  • The Secretary shall keep minutes of the proceedings. The minutes shall contain relevant facts and testimony of each appeal, the vote of each member on each appeal, abstention from voting and attendance. The minutes shall contain the signature of the Secretary and the Chairman.
  • No appeal may be heard unless a quorum is present. A quorum shall consist of four-fifths of the regular Board membership, excluding vacant seats. If a member withdraws from a meeting without being excused, that member shall be counted as present for the purposes of determining whether a quorum is present.
  • Once a member is physically present at a Board meeting, any subsequent failure to vote on a matter shall be recorded as an affirmative vote unless the member has been excused from voting in accordance to the rules of conflict of interest listed below or has been allowed to withdraw from the meeting – see provision below.
  • Conflict of Interest - A member may be excused from voting on a particular issue by majority vote of the remaining members present under the following circumstances:

1)If the member has a direct financial interest in the outcome of the matter at issue; or

2)If the matter at issue involves the member’s own official conduct; or

3)If participation in the matter might violate the letter or spirit of a member’s code of professional responsibility; or

4)If a member has such close personal ties to the applicant that the member cannot reasonably be expected to exercise sound judgment in the public interest.

  • A member may be allowed to withdraw from the entire remainder of a meeting by majority vote of the remaining members present for any good and sufficient reason other than the member’s desire to avoid voting on matters to be considered at that meeting.
  • A roll call vote shall be taken upon the request of any member.
  • The concurring vote of four-fifths of the Board shall be necessary to reverse any decision, requirement, order, or interpretation of the Zoning Administrator; or, to grant a variance.
  • The notice shall be given to all parties having interest in an appeal.
  • Any interested party may appear in person, by agent or by attorney to offer evidence and testimony relative to an appeal.
  • Fees for filing appeals to the Board of Adjustment shall be those set by the Town Council each year in order to cover appropriate administrative and advertising costs.

(C) POWERS AND DUTIES - Powers and Duties: The Board of Adjustment shall have the following powers and duties:

(1)Appeals of Decision of Zoning Administrator: To hear and decide any appeal from and review any order, requirement, decision, or determination made by the Zoning Administrator, including any interpretations of the Zoning Map, disputed district boundary lines, or lot lines.

(2) Variances: To authorize upon appeal, in specific cases, such variances from the terms of this Ordinance, which will not be contrary to the public interest. Where, owning to special conditions, a literal enforcement of the provisions of this Ordinance would result in unnecessary hardship for the applicant and that, by granting the variance, the spirit of this Ordinance will be observed, public safety and welfare secured, and substantial justice done.A variance from the terms of this Ordinance may be granted by the Board of Adjustment when a written application demonstrates and the Board finds all of the following:

(a) That the special conditions and circumstances exist which are peculiar to the land, structure, or building involved, and which are not applicable to other lands, structures or buildings in the same district;

(b) That literal interpretation of the provisions of this Ordinance would deprive the applicant of rights commonly enjoyed by other property owners in the same district under the terms of this Ordinance;

(c) That the hardship relates to the land and is not the result of the applicant’s own action;

(d) That granting the variance requested would not confer on the applicant any special privilege that is denied by this Ordinance to other lands, structures, or buildings in the same district;

(e) That, if the applicant complies with the provisions of the Ordinance, he can secure no reasonable use of his property;

(f) That granting of the variance will be in harmony with the general purpose and intent of this Ordinance, and will not be injurious to the neighborhood, or otherwise detrimental to the public welfare; and,

(g) The variance will neither result in the extension of a nonconforming situation in violation of Article XII nor authorize the initiation of a nonconforming use of land.

Conditions Imposed on Variances: In granting any variance, the Board of Adjustment may prescribe appropriate conditions and safeguards to ensure that substantial justice has been done and that the public safety and welfare has been assured. Such conditions may be imposed by the Board regarding the location, character, and other features of the proposed building, structure, or use as may be deemed by the Board to protect property values and general welfare of the neighborhood. Non-conformance with such conditions and safeguards, when under part of the terms under which the variance is granted, shall be deemed a violation of this Ordinance.

(2)Special Uses: To hear and decide requests for Special Use Permits allowed by this Ordinance in Article X.

(3)Any other matter the Board is required to act upon as required by any other Town ordinance.

(D) APPEALS OF DECISIONS OF ZONING ADMINISTRATOR - Appeals from the enforcement and interpretation of this Ordinance, and appeals for Special Use Permits or variances shall be filed with the Zoning Administrator, which shall transmit all such records to the Board of Adjustment.

(1)The Board of Adjustment shall fix a reasonable time, not to exceed thirty (30) days, for the hearing of the appeal and publish notice of such hearing in a newspaper of general circulation in Dortches five working days prior to the hearing.

(2) An appeal stays all proceedings in furtherance of the action appealed from, unless the Zoning Administrator certifies to the Board of Adjustment that, based on the records of the case, a stay would cause damage to life or property, in which case proceedings shall not be stayed otherwise than by an order from the Nash County Superior Court.

(3) The Board of Adjustment, by a vote of at least four (4) of its five (5) members, may reverse any order, requirement, decision, or determination of the Zoning Administrator, or may decide in favor of the applicant a matter upon which the Board is required to pass under the Ordinance, or may grant a variance from the provisions of the Ordinance. Each decision of the Board is subject to review by the Superior Court by Proceedings in the nature of certiorari.

(Parts of Section 30-5, Amended January 1, 2011)

SECTION 30-6 - TOWN COUNCIL

(A)The Town Council, in considering conditional use permit applications, acts in a quasi-judicial capacity and, accordingly, is required to observe the procedural requirements set forth in Section 110-4 of this Ordinance.

(B)In considering proposed changes in the text of this Ordinance or in the zoning map, the council acts in its legislative capacity and must proceed in accordance with the requirements of Article XIV-Amendments.

(C)Unless otherwise specifically provided in this Ordinance, in acting upon conditional use permit requests or in considering amendments to this ordinance or the zoning map, the Council shall follow the regular, voting, and other requirements as set forth in other provisions of the Town code or general law.

SECTION 30-7 –VIOLATIONS AND PENALTIES

30-7.1 Violations -Any of the following shall be a violation of this Ordinance and shall be subject to the enforcement remedies and penalties provided by this Article and by state law.

(A) Development Without Permit - A development without a permit type of violation means to engage in any development, use, construction, remodeling or other activities of any nature upon the land or improvements thereon subject to the jurisdiction of this Ordinance without required permits, certificates or other forms of authorization as set forth in this Ordinance.

(B) Development Inconsistent With Permit - A development inconsistent with a permit type of violation means to engage in any development, use, construction, remodeling, or other activity of any nature in any way inconsistent with any approved plan, permit, certificate, or other form of authorization granted for such activity.

(C) Violation by Act or Omission - A violation by act or omission means to violate, by act or omission, any term, variance or waiver, condition, or qualification placed by the Town Council or its authorized boards upon any required permit, certificate or other form of authorization for the use, development or other activity upon land or improvements thereon.

(D) Use in Violation - A use in violation means to erect, construct, reconstruct, alter, repair, convert, maintain or use any building or structure or to use any land in violation or contravention of this Ordinance, or any other regulation made under the authority conferred thereby.

(E) Separate Offense- Any person, firm or corporation who violates any provision of this Ordinance shall be guilty of a misdemeanor. Each day that the violation continues to exist shall be considered a separate offense.

30-7.2 Enforcement Intent and Right of Appeal

It is the intention of this Ordinance, unless otherwise provided, that all questions arising in connection with the enforcement of this Ordinance shall be presented first to the Zoning Administrator and that such questions shall be presented to the Board of Adjustment only on appeal from the Zoning Administrator's decision. An appeal from the decision of the Board of Adjustment shall be by proceedings in the nature of certiorari to the Superior Court as provided by law and must be filed with the Nash County Clerk of Court within the 30-day appeal period. It is further the intention of this Ordinance that the duties of the Town Council in connection with this Ordinance shall not include the hearing and passing upon disputed questions that may arise in connection with the enforcement thereof.