§ 16-295. Applicable definitions, purposes of division, and rule of construction.

(a)

Definitions. The following words, terms and phrases, when used in divisions 3 and 5 of this article, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:

Approval means any and all forms of permits, variances, licenses, and any and all other forms of permission and approval issued under this article, whether or not writing.

Chronic violator means the owner of a particular property whereupon the town gave notice at least three times in the previous calendar year pursuant to G.S. 160A-200.1 that a particular situation or condition exists on the particular property in violation of any particular provision of an ordinance and the same constituting a public nuisance.

Code means the Code of Ordinances of the town, including its Charter and applicable local acts, other than the zoning ordinances of the town codified as this article.

Decision means a determination or determinations regarding matters within the scope of this division by the official, including an order defined herein. A decision by the official is not final decision subject to immediate judicial review prior to exercising the administrative appeal procedures set forth in this division and division 5 of this article.

Division means this division 3 of this article.

Final decision means a final decision by the board of adjustment concerning matters under this article and within the board of adjustment's jurisdiction to determine.

Official means the town manager or its designee with the primary responsibility for those matters set forth in section 16-296 below and enforcing the same through any applicable provision of law. The term "official" also includes any other person as may otherwise be designated by law as having exclusive authority in a particular matter that is within the scope of those matters set forth in section 16-296.

Order means a directive by the official.

Ordinance means the zoning ordinances of the town codified as this article, and those portions of the Code that are not part of the zoning ordinances, but by their terms are expressly subject to the zoning ordinances.

Ownership interest means an ownership or leasehold interest in real property, including an interest created by easement, restriction or covenant in the property, or an option or contract to purchase the property.

Person aggrieved means:

(1)

Persons having an ownership interest in property that is the subject of the situations or conditions.

(2)

Persons who will suffer special damages that:

a.

Arise by virtue of the person aggrieved's ownership interest in property that is adjacent to property that is the subject of situations and conditions that are the subject of a final decision (property is adjacent for the purposes of this section if it is separated from the subject property by only by a right-of-way, easement, street, road, alley or buffer); and

b.

Are distinct from any damage all the remainder of the town may suffer in consequence of the situations and conditions; and

c.

Are directly and proximately caused by situations and conditions that are the subject of a final decision;

(3)

An incorporated or unincorporated association to which owners or lessees of land and premises or property thereon in a designated area belong by virtue of their owning or leasing said property, or an association otherwise organized to protect and foster the interest of the particular neighborhood or local area, so long as at least one of the members of the association has an ownership interest in land or premises or a building in the area and is a person aggrieved in the manner of subsections (1) and (2) of this definition, and the association was not created in response to a particular approval, decision, final decision, situation, or conditions.

(4)

A town officer or official, department, board, or commission.

Person liable means the holder of any applicable approvals, owner, tenant, or occupant of any building or land or part thereof and any architect, builder, contractor, agent, person in authority, permittee, licensee, or other person who participates in, assists, directs, creates, maintains or is otherwise responsible for any situation or condition, may be held responsible for the same and be made subject to all enforcement mechanisms, remedies, and sanctions as provided in this division and any additional enforcement mechanisms, remedies, sanctions, and legal processes that may be otherwise permitted by law.

Public nuisance means everything in the town's jurisdictional limits, or within one mile thereof, that is dangerous or prejudicial to the public health or public safety. Public nuisances, including, but are not limited to, nuisances specified in this Code.

Situations and conditions means ordinance violations and approval violations in response to which the town may invoke the procedures in this division. Situations and conditions include everything dangerous or prejudicial to the public health or public safety, and any forms of unlawful situations, conditions and matters that come within the scope of those matters set forth in G.S. §§ 160A-174,-175, -193 . -200.1 and -389; public nuisances; unlawful situations, conditions, or uses of buildings or structures of any type; violations of an approval; violations of any or all provisions, conditions and requirements of this article or approvals; failure to comply with any or all provisions, conditions and requirements of this article or approvals, or any decision or any order; and any and all omissions in any way contrary to any or all provisions, conditions and requirements of this article, approvals, decisions or orders.

(b)

The italicized terms in subsection (a) of this section, where context permits, can be in the singular, or plural, or both.

(c)

The purposes of this division are to provide:

(1)

Clearer and fairer ways to deal with situations and conditions;

(2)

Reasonable opportunities for certain persons concerned with situations and conditions to be heard; and

(3)

Improved remedies and enforcement procedures concerning situations and conditions.

(d)

This division is to be construed to accomplish its purposes and in accord with G.S. 160A-174. Nothing in this division limits or affects the powers of the town conferred under this Code, nor do any provisions of the Code limit the provisions of this division or section 16-351.

(Ord. No. 2012-002, § 3(4.1), 3-14-2012; Ord. of 12-10-2014, § 3)