WSMU_GRAN_WSWP Other Info_20200911 (8)

ARTICLE X
ADMINISTRATION AND ENFORCEMENT
Section 1001. Zoning Administrator. It shall be the duty of the Zoning Administrator to
enforce and administer the provisions of this ordinance.
If the Zoning Administrator finds that any of the provisions of this ordinance are being
violated, the Zoning Administrator shall notify in writing the person responsible for such
violations, indicating the nature of the violation and ordering the action necessary to
correct it. The Zoning Administrator shall order discontinuance of the illegal use of land,
buildings or structures; removal of illegal 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 ordinance to insure compliance with or to
prevent violation of its provisions.
If a decision of the Zoning Administrator is questioned, the aggrieved party or parties
may appeal such ruling to the Board of Adjustment per the guidelines set forth in Section
1106.
Section 1002. Zoning Permit Required. No building, sign or other structure shall be
erected, moved, extended or enlarged, or structurally altered, nor shall any excavation or
filling of any lot for the construction of any building be commenced until the Zoning
Administrator has issued a Zoning Permit for such work. Every person obtaining a
Zoning Permit hereunder shall pay a fee as provided in a schedule of Zoning Permit fees
to be adopted by the governing body.
Section 1003. Application for ZoningPermit. ermit. Each application to the Zoning
Administrator for a Zoning Permit shall be accompanied by plot plans in duplicate
showing:
- The actual dimensions of the lot to be built upon,
- The size of the building to be erected,
- The location of the building on the lot,
- The location of existing structures on the lot, if any,
- The number of dwelling units the building is designed to
accommodate,
- The approximate setback lines of buildings on adjoining lots,
- The intended use of the property,
- A site plan as required by Section 711,
- Such other information as may be essential for determining whether the
provisions of this ordinance are being observed. Any Zoning Permit issued shall
expire and be canceled unless the work authorized by it shall have begun within
six (6) months of its date of issue, or if the work authorized by it is suspended or
abandoned for a period of one (1) year. Written notice thereof shall be given to
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the persons affected, including notice that further work as described in the
canceled permit shall not proceed unless and until another Zoning Permit has been
obtained.
Section 1004. Zoning Compliance Permit Required. A Zoning Compliance Permit issued
by the Zoning Administrator is required in advance of:
- Occupancy or use of a building hereafter erected, altered or moved
- A change of use of any building or land
In addition, a Zoning Compliance Permit shall be required for each non -conforming use
created by the passage and subsequent amendments to this ordinance. The owner of such
non -conforming use shall obtain a Zoning Compliance Permit within 30 days of the date
of said passage or amendments.
A Zoning Compliance Permit either for the whole or a part of a building, shall be applied
for co -incident with the application for a Zoning Permit and shall be issued within ten
(10) days after the erection or structural alteration of such building or part shall have been
completed in conformity with the provisions of this ordinance. A Zoning Compliance
Permit shall not be issued unless the proposed use of a building or land conforms to the
applicable provisions of this ordinance. If the Zoning Compliance Permit is denied, the
Zoning 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 Zoning Administrator and copies shall be furnished upon request to any persons
having a proprietary or tenancy interest in the building or land involved.
Section 1005. Conditional Use Permits. All applications for Conditional Use Permits
shall be submitted to the Zoning Administrator, reviewed, and acted upon as described in
Article XI, Section 1107 of this ordinance.
ARTICLE XI
BOARD OF ADJUSTMENT
Section 1101. Establishment of Board of Adjustment. A Board of Adjustment is hereby
created as provided in Section 160A-388 of the General Statutes of North Carolina. Said
Board shall consist of seven (7) members and at least two (2) alternate members as
described below; five members and all alternate members shall be residents of the Town
of Granite Falls, and the other two members shall be appointed as provided in Section
160A-362 of the General Statutes of North Carolina for the overlapping terms of three
years. Initial appointment shall be as follows: One (1) member for a term of three (3)
years, four (4) members for a term of two (2) years, and four (4) members for a term of
one (1) year. Members shall serve without pay but may be reimbursed for any expenses
incurred while representing the Board of Adjustment.
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1101.1 Board Member Terms. Following the initial establishment of the Board of
Adjustment, members shall be appointed to three (3) year overlapping terms. Any
vacancy in the membership shall be filled for the unexpired term in the same manner as
the initial appointment.
1101.2 Alternate Members. The Town Council of the Town of Granite Falls may, in its
discretion, appoint a minimum of two alternate members to serve on the Board of
Adjustment in the absence, for any cause, of any regular member. Such alternate
member or members shall be appointed in the same manner as regular members and at
the regular times for appointment. Such alternate member, while attending any regular or
special meeting of the Board and serving in the absence of any regular member, shall
have and exercise all the powers and duties of such regular member so absent. Alternate
members shall be residents of the Town of Granite Falls.
Section 1102. Decisions of the Board of Adjustment. The concurring vote of four/fifths
of the entire membership of the Board shall be necessary to grant a variance from the
Zoning Ordinance. A majority of the members will be required to decide any other quasi-
judicial matter or to determine an appeal made in the nature of certiorari. Vacant seats
and members recused from voting shall not be considered in calculation of the four/fifths
majority (G.S. 160A-388). Alternate members may serve in place of disqualified regular
members on individual matters (G.S. 160A-388).
On all appeals, applications and other matters brought before the Board of Adjustment,
said Board shall fix a reasonable time for the hearing of the appeal and give due notice
thereof to the parties, and shall decide the same within a reasonable time. The Board
shall inform all parties involved of its decision in writing, stating the reasons supporting
the decision. The written decision shall be signed by the Board of Adjustment Chair and
is effective upon filing with the Zoning Administrator, serving in their role as Secretary
to the Board of Adjustment. The written decision shall be delivered by personal delivery,
electronic mail, or by first-class mail to the applicant and property owner prior to the date
the decision becomes effective.
Section 1103. Duties of the Zoning Administrator, Board of Adjustment, Courts and
Town Council on Matters of Appeal. It is the intention of this Ordinance that all
questions arising in connection with the enforcement of this Ordinance shall be presented
to the Zoning Administrator and that such question shall be presented to the Board of
Adjustment only on appeal from the Zoning Administrator and that from the decision of
the Board of Adjustment recourse shall be had to courts as prescribed by law. It is further
the intention of this Ordinance that the duties of the Granite Falls Town Council in
connection with the Ordinance shall not include the hearing and passing upon disputed
questions that may arise in connection with the enforcement thereof. The duties of the
Town Council in connection with this Ordinance shall be only the duty of considering
and passing upon any proposed amendments or repeal of this Ordinance.
Section 1104. Proceedings of the Board of Adjustment. The Board of Adjustment shall
elect a chairman and vice-chairman from its members, each of whom shall serve for one

year or until re-elected or until their successors are elected and qualify. The Board shall
appoint a secretary who may be a municipal officer, an employee of the Town, a member
of the Planning Board or a member of the Board of Adjustment. The Board shall adopt
rules and bylaws in accordance with the provisions of this Ordinance and of Article 19,
Chapter 160A-385, of the General Statutes of North Carolina. Meetings of the Board
shall be held at the call of the chairman and at such other times as the Board may
determine. The chairman, or in his absence the vice-chairman, may administer oaths and
compel the attendance of witnesses by subpoena. All meetings of the Board shall be
open to the public. The secretary shall not have a vote unless he is also a regular or
alternate member of the Board.
Section 1105. Powers and Duties of the Board of Adjustment
• Appeals of Decision of Zoning Administrator. To hear and decide appeals where
is alleged there is error in any order, requirement, decision or determination made
by the Zoning Administrator in the enforcement of this Ordinance.
Conditional Uses; Conditions Governing Application. To grant in particular cases
and subject to appropriate conditions and safeguards, permits for conditional uses
as authorized by this Ordinance and set forth as conditional uses under the various
use districts.
• Variances. To authorize upon appeal in specific cases such variances from the
terms of this Ordinance as will not be contrary to the public interest where, owing
to special conditions, a literal enforcement of the provision of this Ordinance
would result in unnecessary hardship.
Section 1106. Appeals of Decision of Zoning Administrator
1106.1 Decision of Zoning Administrator. An appeal from the decision of the Zoning
Administrator may be taken by any person aggrieved or affected by such decision
to the Board of Adjustment. The official who made the decision shall give written
notice to the owner of the property that is the subject of the decision and to the
party who sought the decision, if different from the owner. The written notice
shall be delivered by personal delivery, electronic mail, or by first-class mail. The
owner or other party shall have 30 days from receipt of the written notice within
which to file an appeal. Any other person with standing to appeal shall have 30
days from receipt from any source of actual or constructive notice of the decision
within which to file an appeal.
1106.2 Notice of Decision. It shall be conclusively presumed that all persons with
standing to appeal have constructive notice of the decision from the date a sign
containing the words "Zoning Decision" or "Subdivision Decision" in letters at
least six inches high and identifying the means to contact an official for
information about the decision is prominently posted on the property for at least
10 days. Posting of the signs is not the only form of constructive notice. Any
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such posting shall be the responsibility of the landowner or applicant.
Verification of the posting shall be provided to the official who made the
decision. Posting of signs is not required.
1106.3 Notice of Hearing. Notice shall be mailed to adjacent property owners, at least ten
(10) days, but not more than twenty-five days, prior to the public hearing.
1106.4 Timeframe for Appeal. Such appeal shall be taken within 4� thirty (30) days by
filing with the Town Clerk a notice of appeal specifying the grounds thereof. The
Zoning Administrator shall forthwith transmit to the Board all papers constituting
the record upon which the action appealed from was taken. The Zoning
Administrator shall also provide a copy of the record to the appellant and to the
owner of the property that is the subject of the appeal if the appellant is not the
owner.
1106.5 Stay of Proceedings. An appeal stays all legal proceedings in furtherance of the
action appealed from unless the Zoning Administrator certifies to the Board of
Adjustment after the notice of appeal shall have been filed that, by reason of facts
stated in the certificate, a stay would, in their opinion, cause imminent peril to life
and property. In such case, proceedings shall not be stayed otherwise than by a
restraining order which may be granted by the Board of Adjustment or by a court
of record an application, on notice to the Zoning Administrator and on due cause
shown.
1106.6 Expedited Hearing_ If enforcement proceedings are not stayed, the appellant may
file with the official a request for an expedited hearing of the appeal, and the
Board of Adjustment shall meet to hear the appeal within 15 days after such a
request is filed. Notwithstanding the foregoing, appeals of decisions granting a
permit or otherwise affirming that a proposed use of property is consistent with
the ordinance shall not stay the further review of an application for permits or
permissions to use such property. In these situations the appellant may request
and the board may grant a stay of a final decision of permit applications or
building permits affected by the issue being appealed.
1106.7 Hearing. The official who made the decision shall be present at the hearing as a
witness. The appellant shall not be limited at the hearing to matters stated in the
notice of appeal. If any party or the Town would be unduly prejudiced by the
presentation of matters not presented in the notice of appeal, the Board shall
continue the hearing to another date.
1106.8 Decision of the Board of Adjustment. In exercising the above -mentioned powers,
the Board of Adjustment may reverse or affirm, wholly or in part, or may modify
any order, requirements, decision or determination and to that end shall have the
powers of the administrative official from whom the appeal is taken.
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Section 1107. Conditional Use Permits
1107.1 Application. A written application for a Conditional Use Permit is
submitted to the Planning Board for their review indicating the section of
this Ordinance under which the Conditional Use Permit is sought prior to
the submission to the Board of Adjustment.
1107.2 Notice of Hearing. A public hearing is held. Notice of such public hearing
shall be posted on the property for which the Conditional Use Permit is
sought and mailed to adjacent property owners, both at least ten (10) days,
but not more than twenty-five days, prior to the public hearing.
1107.3 Decisions of the Board. If the Board of Adjustment finds that in the
particular case in question the use for which the Conditional Use Permit is
sought will not adversely affect the health or safety of persons residing or
working in the neighborhood of the proposed use, and will not be
detrimental to the public welfare or injurious to property or public
improvements in the neighborhood then the Conditional Use Permit shall
be granted. In granting such a permit, the Board of Adjustment may
designate such conditions in connection therewith as will conform to the
requirements and spirit of this Ordinance.
1107.4 Compliance with other Codes. Granting a Conditional Use Permit does
not exempt the applicant from complying with all of the requirements of
building codes or other ordinances.
1107.5 Revocation. If at any time after a Conditional Use Permit has been issued,
the Board of Adjustment finds that the conditions imposed and agreements
made have not been or are not being fulfilled by the holder of a
Conditional Use Permit, the permit shall be terminated and the operation
of such use discontinued. If a Conditional Use Permit is terminated for
any reason it may be reinstated only after a public hearing is held.
1107.6 Expiration. In any case where a Conditional Use Permit has not been
exercised within the time limit set by the Board of Adjustment, or within
one year if no specific time limit has been set, then without further action,
the permit shall be null and void. "Exercised" as set forth in this
subsection shall mean that binding contracts for the construction of the
main building shall have been let; or in the absence of contracts that the
main building is under construction to a substantial degree; or that
prerequisite conditions involving substantial investment are contracted for,
in substantial development, or completed (sewerage, drainage, etc.).
When construction is not a part of the use, "exercised" shall mean that the
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use is in operation in compliance with the conditions set forth in the
permit.
1107.7 Careful record. A careful record of such application and plat, together
with a record of the action taken thereon, shall be kept in the office of the
Zoning Administrator.
Section 1108. Variances
1108.1 A written application for a variance is submitted demonstrating:
- That 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.
- That a literal interpretation of the provisions of this Ordinance
would deprive the applicant of rights commonly enjoyed by other
properties in the same district under the terms of this Ordinance.
- That said circumstances do not result from the action of the
applicant.
- That granting the variance requested will not confer upon the
applicant any special privileges that are denied by this Ordinance
to other lands, structures, or buildings in the same district.
- That no nonconforming use of neighboring land, structures or
buildings in the same district and no permitted use of lands,
structures or buildings in other districts will be considered grounds
for the issuance of a variance.
1108.2 A public hearing shall be held. Notice of such public hearing shall be
posted on the property for which the variance is sought and mailed to
adjacent property owners, both at least ten (10) days, but not more than
twenty-five days, prior to the public hearing. At the public hearing, any
party may appear in person or by agent or attorney.
1108.3 The Board of Adjustment shall further make a finding that the 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.
1108.4 In granting any variance, the Board of Adjustment may prescribe
appropriate conditions and safeguards in conformity with this Ordinance.
Violation of such conditions and safeguards, when made a part of the
terms under which the variance is granted, shall be deemed a violation of
this Ordinance and punishable under Section 1305 of this Ordinance.
1108.5 Under no circumstances shall the Board of Adjustment grant a variance to
allow a use not permissible under the terms or this Ordinance in the
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district involved, or any use expressly or by implication prohibited by the
terms of this Ordinance in said district.
ARTICLE XII
AMENDMENTS AND CHANGES
Section 1201. Procedure for Amendments. A petition for an amendment to this
Ordinance and to the Official Zoning Map may be initiated by the Town of Granite Falls,
the Planning Board, any department or agency of the Town of Granite Falls, the owner of
any property within the zoning jurisdiction of the Town, or any interested citizen who can
show just cause for an amendment. Applications submitted by individual property owners
or interested citizens who are not acting in an official capacity for the Town of Granite
Falls shall comply with the following procedural requirements.
1201.1 Application Submission. Any application for an amendment to the Zoning
Ordinance shall be filed with the Town Manager at least twenty (20) days prior to
the date on which it is to be introduced to the Planning Board. The Town
manager shall be responsible for presenting the application to the Planning Board.
Each petition for an amendment shall be accompanied by a fee to help defray the
costs of advertising the public hearing required by Article 19, Chapter 160A-364
of the North Carolina General Statutes. If a public hearing is not held, said fee
shall be refunded to the petitioner.
Each application involving a change to the Official Zoning Map shall be signed,
be in duplicate, and shall contain at least the following information:
The applicant's name in full, applicant's address, address or description of
the property to be rezoned
The applicant's interest in the property and the type of rezoning requested
If the proposed change would require a change in the Zoning Map, an
accurate diagram of the property proposed for rezoning, showing:
(a) All property lines with dimensions, including north arrow;
(b) Adjoining streets with rights -of -way and paving widths;
(c) The location of all structures, existing and proposed, and the use of
the land;
(d) Zoning classification of all abutting zoning districts;
(e) Names and addresses of all adjoining property owners.
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A statement regarding the changing conditions, if any, in the area or in the
Town generally that make the proposed amendment reasonably necessary
to the promotion of the public health, safety, and general welfare.
1201.2 Planning Board Consideration. All proposed amendments to the Zoning
Ordinance shall be submitted to the Granite Falls Planning Board for review and
recommendation. At the discretion of the Planning Board, a public hearing may
be conducted to consider the proposed amendment. The Planning Board shall
have thirty-one (31) days from the time the proposed amendment was first
considered by the Planning Board to submit its report. If the Planning Board fails
to submit a report within the above period, it shall be deemed to have approved
the proposed amendment.
1201.3 Town Council Consideration. Before adopting or amending this Ordinance, the
Granite Falls Town Council shall hold a public hearing on it. A notice of the
public hearing shall be given once a week for two consecutive calendar weeks in a
newspaper having general circulation in the area. The notice shall be published
for the first time not less than ten (10) days nor more than twenty-five (25) days
before the date fixed for the hearings (G.S. 160A-364). The property shall also be
posted for all proposed map amendments prior to the public hearing (G.S. 160A-
384c). Any petition for an amendment to this Ordinance may be withdrawn at any
time by written notice to the Town Clerk.
1201.4 Town Council Decision. The Granite Falls Town Council shall prepare a written
statement following the adoption or denial of any proposed zoning amendment
that addresses the reasonableness, furtherance of the public interest and
consistency of the decision with adopted land use plans (G.S. 160A 383).
Section 1202. Protest Petition.
1202.1 General. A protest petition may be presented against any proposed map (G.S.
160A-385a) amendment signed by the owners of twenty percent (20%) or more of
the area of the lots included in the proposed change, or of those immediately
adjacent thereto within a one hundred (100') buffer around the area proposed for
rezoning, measured from the property lines of those parcels. Rights of way within
the 100' buffer that are less than 100' wide shall not be considered when
calculating the 100' buffer. In this case the amendment shall not become effective
except by favorable vote of three -fourths of all members of the Granite Falls
Town Council. Vacant seats and members recused from voting shall not be
considered in calculation of three -fourths majority (G.S. 160A-385a).
1202.2 Petition Requirements. No protest against any change in or amendment to the
Zoning Map shall be valid or effective unless it be in the form of a written petition
actually bearing the signatures of the requisite number of property owners and
stating that the signers do protest the proposed change or amendment, unless it
shall have been received by the Town Manager in sufficient time to allow the
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Town at least two normal working days, excluding Saturdays, Sundays and legal
holidays, before the date established for a public hearing on the proposed change
or amendment to determine the sufficiency and accuracy of the petition (G.S.
160A-386).
1202.3 Petition Withdrawal. A petition may be withdrawn at any time prior to the
official vote on the proposed map amendment (G.S. 160A-386).
Section 1203. Procedure for Resubmission of a Proposed Amendment. Any proposed
amendment to the Zoning Ordinance having complied with the requirements of Article
XII, Section 1201 of this Ordinance and having been denied by the Town Council may be
resubmitted to the Planning Board only after a waiting period of no less than one (1) year
from the date of denial. A fee to help defray the costs of advertising the public hearing
shall be paid and all requirements of Article XII, Section 1201 shall be complied with.
The amount of the fee is $75.00.
ARTICLE XIII
LEGAL PROVISIONS
Section 1301. Interpretation, Purpose and Conflict. In interpreting and applying the
provisions of this Ordinance, they shall be held to be the minimum requirements for the
promotion of the public safety, health, convenience, prosperity, and general welfare. It is
not intended by this Ordinance to interfere with or abrogate or annul any easements,
covenants, or other agreements between parties, provided, however, that where this
Ordinance imposes a greater restriction upon the use of buildings or premises or upon the
height of building, or requires larger open spaces than are imposed or required by other
Ordinances, rules, regulations, or by easements, covenants, or agreements, the provisions
of this Ordinance shall govern, provided that nothing in the Ordinance shall be construed
to amend or repeal any other existing Ordinance of the Town.
Section 1302. Town Attorney May Prevent Violation. If any structure is erected,
constructed, reconstructed, altered, repaired, converted or maintained or any structure or
land is used in violation of this Ordinance, the Zoning Administrator shall inform the
Town Attorney. In addition to other remedies, the Town Attorney may institute any
appropriate action or proceeding to prevent such unlawful erection, construction,
reconstruction, alteration, repair, conversion, maintenance or use, or restrain, correct or
abate such violation, to prevent the occupancy of such structure or land or to prevent any
illegal act, conduct, business or use in or about the premises.
Section 1303. Reenactment and Repeal of Existing oning Ordinance. This Ordinance
in part carries forward by reenactment some of the provisions of the Zoning Ordinance of
Granite Falls, adopted by the Board of Commissioners on March 8, 1965, as amended,
and it is not the intention to repeal but rather to reenact and continue in force such
existing provisions so that all rights and liabilities that have accrued hereunder are
preserved and may be enforced. All provisions of the Zoning Ordinance of the Town of
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Granite Falls enacted on March 8, 1965, as amended, which are not reenacted herein are
hereby repealed. All suits at law or in equity and/or all prosecutions resulting from the
violation of any zoning Ordinance heretofore in effect, which are not pending in any of
the courts of this State or of the United States, shall not be abated or abandoned by reason
of the adoption of this Ordinance but shall be prosecuted to their finality the same as if
this Ordinance has not been adopted; any and all violations of the existing Zoning
Ordinance, prosecutions for which have not yet been instituted, may be hereafter filed
and prosecuted, and nothing in this Ordinance shall be construed as to abandon, abate or
dismiss any litigation or prosecution new pending, and/or which may heretofore have
been instituted or prosecuted.
Section 1304. Validity. Should any section or provisions of this Ordinance be declared
by the courts to be unconstitutional on invalid, such declaration shall not affect the
validity of the Ordinance as a whole or any part thereof, other than the part so declared to
be unconstitutional or invalid.
Section 1305. Penalties. Any person, firm or corporation who violates, disobeys, omits,
neglects or refuses to comply with or who resists the enforcement of any of the
provisions of this Ordinance, shall upon conviction be subject to a fine of fifty dollars
($50.00) or imprisonment for thirty (30) days. Each day that a violation continues to
exist shall constitute a separate offense.
(Pages 157 Through 160 Are Reserved For Future Use)
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