CODEOFORDINANCES
TOWNOF LELAND, NORTH CAROLINA
Published in 2018 by Order of the Town Council
PROOFS PROOFS OFFICIALS
of the
TOWNOF
LELAND, NORTH CAROLINA
AT THE TIME OF THIS RECODIFICATION
Brenda Bozeman Mayor
Pat Batleman Bob Corriston Michael Callahan Robert Campbell Town Council
David Hollis Town Manager
John C. Wessell, III PROOFSTown Attorney
Sabrena Reinhardt Town Clerk
iii PROOFS PREFACE
This Code constitutes a recodification of the general and permanent ordinances of the Town of Leland, North Carolina.
Source materials used in the preparation of the Code were the 2003 Code, as amended through August 24, 2017. The source of each section is included in the history note appearing in parentheses at the end thereof. The absence of such a note indicates that the section is new and was adopted for the first time with the adoption of the Code. By use of the comparative tables appearing in the back of this Code, the reader can locate any section of the 2003 Code, as supplemented, and any subsequent ordinance included herein.
The chapters of the Code have been conveniently arranged in alphabetical order, and the various sections within each chapter have been catchlined to facilitate usage. Notes which tie related sections of the Code together and which refer to relevant state law have been included. A table listing the state law citations and setting forth their location within the Code is included at the back of this Code.
Chapter and Section Numbering System
The chapter and section numbering system used in this Code is the same system used in many state and local government codes. Each section number consists of two parts separated by a dash. The figure before the dash refers to the chapter number, and the figure after the dash refers to the position of the section within the chapter. Thus, the second section of chapter 1 is numbered 1-2, and the first section of chapter 6 is 6-1. Under this system, each section is identified with its chapter, and at the same time new sections can be inserted in their proper place by using the decimal system for amendments. For example, if new material consisting of one section that would logically come between sections 6-1 and 6-2 is desired to be added, such new section would be numbered 6-1.5. New articles and new divisions may be included in the same way or, in the case of articles, may be placed at the end of the chapter embracing the subject, and, in the case of divisions, may be placed at the end of the article embracing the subject. The next successive number shall be assigned to the new article or division. New chapters may be included by using one of the reserved chapter numbers. Care should be taken that the alphabetical arrangement of chapters is maintained when including new chapters.PROOFS
Page Numbering System
The page numbering system used in this Code is a prefix system. The letters to the left of the colon are an abbreviation which represents a certain portion of the volume. The number to the right of the colon represents the
vii number of the page in that portion. In the case of a chapter of the Code, the number to the left of the colon indicates the number of the chapter. In the case of an appendix to the Code, the letter immediately to the left of the colon indicates the letter of the appendix. The following are typical parts of codes of ordinances, which may or may not appear in this Code at this time, and their corresponding prefixes:
CHARTER CHT:1
RELATED LAWS RL:1
SPECIALACTS SA:1
CHARTER COMPARATIVE TABLE CHTCT:1
RELATED LAWS COMPARATIVE TABLE RLCT:1
SPECIAL ACTS COMPARATIVE TABLE SACT:1
CODE CD1:1
CODEAPPENDIX CDA:1
CODE COMPARATIVE TABLES CCT:1
STATE LAW REFERENCE TABLE SLT:1
CHARTERINDEX CHTi:1
CODEINDEX CDi:1
Indexes
The indexes have been prepared with the greatest of care. Each particular item has been placed under several headings, some of which are couched in lay phraseology, others in legal terminology, and still others in language generally used by local government officials and employees. There are numerous cross references within the indexes themselves which stand as guideposts to direct the user to the particular item in which the user is interested.
Looseleaf Supplements A special feature of this publication is the looseleaf system of binding and supplemental servicing of the publication. With this system, the publication will bePROOFS kept up to date. Subsequent amendatory legislation will be properly edited, and the affected page or pages will be reprinted. These new pages will be distributed to holders of copies of the publication, with instructions for the manner of inserting the new pages and deleting the obsolete pages. Keeping this publication up to date at all times will depend largely upon the holder of the publication. As revised pages are received, it will then
viii become the responsibility of the holder to have the amendments inserted according to the attached instructions. It is strongly recommended by the publisher that all such amendments be inserted immediately upon receipt to avoid misplacing them and, in addition, that all deleted pages be saved and filed for historical reference purposes.
Acknowledgments
This publication was under the direct supervision of Julie E. Lovelace, Senior Code Attorney, and Paula Freeman, Editor, of the Municipal Code Corporation, Tallahassee, Florida. Credit is gratefully given to the other members of the publisher's staff for their sincere interest and able assistance throughout the project.
The publisher is most grateful to David Hollis, John Wessell and Sabrena Reinhardt for their cooperation and assistance during the progress of the work on this publication. It is hoped that their efforts and those of the publisher have resulted in a Code of Ordinances which will make the active law of the Town readily accessible to all citizens and which will be a valuable tool in the day-to-day administration of the Town's affairs.
Copyright
All editorial enhancements of this Code are copyrighted by Municipal Code Corporation and the Town of Leland, North Carolina. Editorial enhance- ments include, but are not limited to: organization; table of contents; section catchlines; prechapter section analyses; editor's notes; cross references; state law references; numbering system; code comparative table; state law refer- ence table; and index. Such material may not be used or reproduced for commercial purposes without the express written consent of Municipal Code Corporation and the Town of Leland, North Carolina.
© Copyrighted material.
Municipal Code Corporation and the Town of Leland, North Carolina. 2018.PROOFS
ix PROOFS TABLE OF CONTENTS
PART I CHARTER AND RELATED LAWS* ...... 3 CHAPTER I. INCORPORATION AND CORPORATE POWERS ...... 3 CHAPTER II. CORPORATE BOUNDARIES* ...... 3 CHAPTER III. GOVERNING BODY* ...... 3 CHAPTER IV. ELECTIONS ...... 4 CHAPTER V. ADMINISTRATION* ...... 4 PART II CODE OF ORDINANCES ...... 5 Chapter 1 GENERAL PROVISIONS* ...... 5 Chapter 2 ADMINISTRATION* ...... 13 ARTICLE I. IN GENERAL ...... 13 ARTICLE II. TOWN COUNCIL ...... 14 ARTICLE III. PLANNING ORGANIZATION* ...... 19 ARTICLE IV. OFFICERS AND EMPLOYEES* ...... 23 ARTICLE V. TOWN PROPERTY ...... 25 ARTICLE VI. CODE OF ETHICS ...... 27 ARTICLE VII. POLICE DEPARTMENT ...... 27 ARTICLE VIII. PARKS AND RECREATION BOARD ...... 28 Chapters 3—5 RESERVED ...... 31 Chapter 6 4 ALCOHOLIC BEVERAGES* ...... 32 Chapters 7—9 RESERVED ...... 34 Chapter 10 ANIMALS* ...... 35 ARTICLE I. IN GENERAL ...... 35 ARTICLE II. DOGS AND OTHER DANGEROUS ANIMALS* ...... 36 ARTICLE III. LIVESTOCK* ...... 37 Chapters 11—13 RESERVED ...... 38 Chapter 14 BUILDINGS AND BUILDING REGULATIONS* ...... 39 ARTICLE I. IN GENERAL ...... 39 ARTICLE II. BUILDING CODES* ...... 41 ARTICLE III. MINIMUM HOUSING CODE* ...... 41 ARTICLE IV. DANGEROUS OR HAZARDOUS BUILDINGS* ...... 52 ARTICLE V. FIRE PROTECTION AND PREVENTION ...... 56 Chapters 15—17 RESERVED ...... 65 Chapter 18 BUSINESSES AND BUSINESS REGULATIONS* ...... 66 ARTICLE I. IN GENERAL ...... 66 ARTICLE II. ADULT ESTABLISHMENTS* ...... 72 ARTICLE III. PEDDLING AND SOLICITING* ...... 73 ARTICLE IV. MOVIE INDUSTRY ...... 77 Chapters 19—21 RESERVED ...... 82 Chapter 22 CIVIL EMERGENCIES* ...... 83 Chapters 23—25 RESERVED ...... 87 Chapter 26 ENVIRONMENT, FLOODS AND STORMWATER ...... 88 ARTICLE I. IN GENERAL ...... 88 ARTICLE II. FLOODPROOFS DAMAGE PREVENTION* ...... 88 ARTICLE III. PHASE II STORMWATER Chapter 32 ...... 107 Chapters 27—29 RESERVED ...... 130 Chapter 30 FLEXCODE ...... 131 ARTICLE I. IN GENERAL ...... 131 ARTICLE II. REGIONAL PLAN ...... 142 ARTICLE III. PUBLIC WORKS ...... 142 ARTICLE IV. NEW COMMUNITY PLANS ...... 146 ARTICLE V. INFILL PLANS ...... 154 ARTICLE VI. LOT AND BUILDING REGULATIONS ...... 156 ARTICLE VII. DEFINITIONS OF TERMS ...... 182 APPENDIX A. EXCEPTIONAL DESIGN STANDARDS ...... 189 Chapters 31—33 RESERVED ...... 190 Chapter 34 NOISE AND NUISANCES* ...... 191 ARTICLE I. IN GENERAL ...... 191 ARTICLE II. NOISE ...... 191 ARTICLE III. NUISANCES* ...... 193 ARTICLE IV. JUNKED AND ABANDONED VEHICLES* ...... 196 Chapters 35—37 RESERVED ...... 201 Chapter 38 OFFENSES AND MISCELLANEOUS PROVISIONS* ...... 202 Chapters 39—41 RESERVED ...... 206 Chapter 42 SIGNS ...... 207 Chapters 43—45 RESERVED ...... 234 Chapter 46 STREETS, SIDEWALKS AND OTHER PUBLIC PLACES* ...... 235 ARTICLE I. IN GENERAL ...... 235 ARTICLE II. BLOCK PARTIES, GROUP DEMONSTRATIONS, PARADE AND PICKET LINES ...... 235 Chapters 47—49 RESERVED ...... 240 Chapter 50 SUBDIVISIONS* ...... 241 ARTICLE I. IN GENERAL ...... 241 ARTICLE II. MINOR DEVELOPMENTS* ...... 241 ARTICLE III. STANDARDS* ...... 245 Chapters 51—53 RESERVED ...... 280 Chapter 54 TRAFFIC AND VEHICLES* ...... 281 ARTICLE I. IN GENERAL ...... 281 ARTICLE II. PARKING* ...... 281 ARTICLE III. MOVING VIOLATIONS* ...... 284 ARTICLE IV. TRAFFIC CALMING DEVICES ...... 289 Chapters 55—57 RESERVED ...... 291 Chapter 58 UTILITIES* ...... 292 ARTICLE I. IN GENERAL ...... 292 ARTICLE II. SEWER SERVICE* ...... 292 Chapters 59—61 RESERVED ...... 322 Chapter 62 VEHICLES FOR HIRE* ...... 323 ARTICLE I. IN GENERAL ...... 323 ARTICLE II. RENTAL VEHICLES* ...... 323 ARTICLE III. TAXICABS ...... 323 Chapters 63—65 RESERVED ...... 331 Chapter 66 ZONING* ...... 332 ARTICLE I. IN GENERAL ...... 332 ARTICLE II. ADMINISTRATION AND ENFORCEMENT ...... 349 ARTICLE III. BOARD OF ADJUSTMENT* ...... 355 ARTICLE IV. ZONING MAP* ...... 358 ARTICLE V. ZONING DISTRICTS ...... 360 ARTICLE VI. TEMPORARY AND ACCESSORY USES ...... 388 ARTICLE VII. SCREENING,PROOFS LANDSCAPING, DEVELOPMENT PLAN AND DESIGN REQUIREMENTS ...... 394 ARTICLE VIII. PARKING, LOADING, DRIVEWAY AND SIDEWALK REQUIREMENTS* ...... 402 ARTICLE IX. SUPPLEMENTAL REGULATIONS ...... 409 ARTICLE X. NON-CONFORMING USES ...... 422
PART I CHARTER AND RELATED LAWS* *Editor's note—Printed in this part is the Leland Town Charter, being chapter 564, section 1, of the Session Laws of 1989 as adopted by the General Assembly on July 4, 1989, and effective on the same date. Amendments to the Charter are indicated by parenthetical history notes following amended provisions. The absence of a history note indicates that the provision remains unchanged from the original Charter. Obvious misspellings have been corrected without notation. For stylistic purposes, a uniform system of headings, catchlines and citations to state statutes has been used. Additions made for clarity are indicated by brackets. State law reference—Corporate powers, G.S. 160A-11 et seq.; corporate limits, G.S. 160A-21.
CHAPTER I. INCORPORATION AND CORPORATE POWERS Sec. 1.1. Incorporation and Corporate Powers. Sec. 1.1. Incorporation and corporate powers. The inhabitants of the Town of Leland are a body corporate and politic under the name "Town of Leland." Under that name, they have all the powers, duties, rights, privileges, and immunities conferred and imposed upon cities by the general law of North Carolina.
CHAPTER II. CORPORATE BOUNDARIES* *Editor's note—This chapter was amended by Ordinance No. 98-3. Descriptions of annexations are on file as "Exhibit A" to Ordinance No. 98-3 in the town clerk's office. State law reference—Extension of corporate limits, G.S. 160A-29 et seq. Sec. 2.1. Town Boundaries. Sec. 2.1. Town boundaries. Until modified in accordance with law, the boundaries of the Town of Leland are as follows: Lying and being in Brunswick County and beginning at a point of the confluence of Sturgeon Creek and the Brunswick River, said beginning point being located in Northwest Township, Brunswick County, North Carolina, and thence from said beginning point in a general westerly direction with the run of Sturgeon Creek to the confluence of Sturgeon Creek and Mill Creek, thence in a general westerly direction and continuing with the run of Sturgeon Creek to its intersection with the southern right-of-way line of the new four-lane U.S. Highway 74-76, thence in a southeasterly direction with the southern right-of-way line of the new U.S. Highway 74-76 to the interchange of said highway with U.S. Highway 17, and thence continuing with an extension of the southern right-of-way line of the new four-lane U.S. Highway 74-76 as it would proceed through the interchange without alteration to the point where such extension would intersect with the southern right-of-way line of the new U.S. Highway 74-76 east of said interchange and thence continuing with said southern right-of-way line of the new U.S. Highway 74-76 in a northeasterly direction to a point in the center of the Brunswick River, thence in a general northerly direction along the center of the Brunswick River to the point of confluencePROOFS of the Brunswick River and Sturgeon Creek, said point of beginning. CHAPTER III. GOVERNING BODY* *State law reference—Form of government, G.S. 160A-59 et seq. Sec. 3.1. Structure of Governing Body; Number of Members. Sec. 3.2. Manner of Electing Board. Sec. 3.3. Term of Office of Councilmembers. Sec. 3.4. Selection of Mayor; Term of Office. Sec. 3.1. Structure of governing body; number of members. The governing body of the Town of Leland is the Town Council and the Mayor. The Town Council has four members. Sec. 3.2. Manner of electing board. The qualified voters of the entire Town elect the members of the Council. Sec. 3.3. Term of office of councilmembers. In 1989, four members of the Council shall be elected. The two persons receiving the highest numbers of votes are elected for four-year terms, and the two persons receiving the next highest numbers of votes shall be elected for two-year terms. In 1991 and biennially thereafter, two members of the Council shall be elected for four-year terms. Sec. 3.4. Selection of mayor; term of office. The qualified voters of the entire Town elect the Mayor. A Mayor shall be elected in 1989 and biennially thereafter for a two-year term. The Mayor has the same voting rights and privileges and is subject to the same voting limitations and requirements as are Councilmembers under the general law. In determining a quorum, a majority vote of the Council, or in being excused from voting, the Mayor is treated as a member of the Council. The Mayor, after participating with Councilmembers in a vote that results in a tie, may not vote a second time to break that tie. (Ord. No. 96-1, § 1, 3-21-1996)
CHAPTER IV. ELECTIONS Sec. 4.1. Conduct of Town Elections. Sec. 4.1. Conduct of town elections. The Town Council shall be elected on a nonpartisan basis and the results determined by the plurality method as provided by G.S. 163-292.
CHAPTER V. ADMINISTRATION* *State law reference—Optional forms of government, G.S. 160A-101; council-manager form of administration, G.S. 160A- 146 et seq. [Sec. 5.1. Council-manager form of government.] Pursuant to G.S. 160A-101 and 160A-102, the Charter of the Town of Leland, North Carolina, as set forth in Chapter 564 of the 1989 Session Laws of North Carolina, as amended, is hereby further amended to provide that the Town shall operate under the council-manager form of government in accordance with G.S. 160A-146 et seq. and any Charter provisions not in conflict therewith. (Ord. No. 96-2, § 1, 8-15-1996)
PROOFS
PART II CODE OF ORDINANCES
Chapter 1 GENERAL PROVISIONS*1 *Editor's note—Ord. No. 10-15, § 1(exh. A), adopted Aug. 19, 2010, repealed ch. 1 in its entirety and enacted a new ch. 1 as set out herein. The former ch. 1, §§ 1-1—1-16 pertained to the same subject matter and derived from the Code of 1992, §§ 1- 1—1-4; Ord. No. 97-1, § 1, adopted Mar. 20, 1997; Ord. No. 97-8, § 1, adopted June 19, 1997; and Ord. No. 03-23, § 1, adopted Oct. 16, 2003. *State law reference—Code of Ordinances, G.S. 160A-77; ordinance book, G.S. 160A-78; pleading and proving city ordinances, G.S. 160A-79; general ordinance-making power, G.S. 160A-174. Sec. 1-1. How Code designated and cited. The provisions in this and the following chapters and sections shall constitute and be designated "Code of Ordinances, Town of Leland, North Carolina," and may be so cited. Such Code may also be cited as the "Leland Code." (Code 2003, § 1-1; Ord. No. 10-15, § 1(exh. A), 8-19-2010) Sec. 1-2. Definitions and rules of construction. In the construction of this Code and of all ordinances, the following definitions and rules of construction shall be observed unless inconsistent with the manifest intent of the town council or the context clearly requires otherwise: The following definitions and rules of construction shall apply to this Code and to all ordinances and resolutions unless the context requires otherwise. Generally. All general provisions, terms, phrases and expressions contained in this Code shall be liberally construed in order that the true intent and meaning of the board of trustees may be fully carried out. In the interpretation and application of any provision of this Code, it shall be held to be the minimum requirements adopted for the promotion of the public health, safety, comfort, convenience and general welfare. Where any provision of the Code imposes greater restrictions upon the subject matter than the general provision imposed by the Code, the provision imposing the greater restriction or regulation shall be deemed to be controlling. Words and phrases shall be construed according to the common and approved usage of the language, but technical words, technical phrases and words and phrases that have acquired peculiar and appropriate meanings in law shall be construed according to such meanings. Charter. The term "Charter" means and refers to the Charter of the Town of Leland printed in part I of this Code. Code. The term "Code" means the Code of Ordinances, Town of Leland, North Carolina, as designated in section 1-1. Computation of time.PROOFS In computing any period of time prescribed or allowed by this Code, including rules respecting publication of notices, the day of the act, event, default or publication after which the designated period of time begins to run is not to be included. The last day of the period so computed is to be included, unless it is a Saturday, Sunday or a legal holiday, in which event the period runs until the end of the next day which is not a
1 Legal Analysis: Code 2003, ch. 1. General provisions. This chapter has been updated and revised throughout for purposes of conformity with the standard MCC Code language for a General Provisions chapter. OK per 6/5/17 conference. Saturday, Sunday or a legal holiday. When the period of time prescribed or allowed is less than seven days, intermediate Saturdays, Sundays and holidays shall be excluded in the computation. A half-holiday shall be considered as other days and not as a holiday. Conjunctions. In a provision involving two or more items, conditions, provisions or events, which items, conditions, provisions or events are connected by the conjunction "and," "or" or "either … or," the conjunction shall be interpreted as follows, except that the terms "and" and "or" may be interchangeable: (1) The term "and" indicates that all the connected terms, conditions, provisions or events apply. (2) The term "or" indicates that the connected terms, conditions, provisions or events apply singly or in any combination. (3) The term "either … or" indicates that the connected terms, conditions, provisions or events apply singly but not in combination. Council, town council. The terms "council" and "town council" mean the town council or the governing body of the town and shall be interchangeable with board of commissioners. County. The term "county" means the County of Brunswick except as otherwise provided. Delegation of authority. Whenever a provision appears requiring the head of a town department or some other town officer or town employee to do some act or perform some duty, it shall be construed to authorize the head of the department or other officer to designate, delegate and authorize subordinates to perform the required act or perform the duty. Gender. Words of one gender include words of all genders. Joint authority. All words giving a joint authority to three or more persons or officers shall be construed as giving such authority to a majority of such persons or officers. May. The term "may" is to be construed to be permissive. Month. The term "month" means a calendar month. Number. Terms used in the singular include the plural. The plural includes the singular number. Oath. The term "oath" shall be construed to include an affirmation in all cases in which, by law, an affirmation may be substituted for an oath; and in such cases, the terms "swear" and "sworn" shall be equivalent to the terms "affirm" and "affirmed." Officers, departments, boards, etc. Whenever reference is made to any officer, department, board, commission or other agent, agency or representative, such reference shall be construed as if followed by the term "of the Town of Leland." Official time standard. Whenever certain hours are named in this Code, they mean Eastern Standard Time or Eastern Daylight Saving Time, whichever may be in current use in the town. Or, and. The term "or" may be read "and." Owner. The term "owner," applied to a building or land, includes any part owner, joint owner, tenant in common, joint tenant or tenant by the entirety of the whole or a part of such building or land. Person. The term "person" includes a corporation, firm, partnership, association, organization and any other group acting as a unit, as well as an individual and any other entity. Personal property.PROOFS The term "personal property" includes every species of property except real property. Preceding, following. The terms "preceding" and "following" mean next before and next after, respectively. Property. The term "property" includes real and personal property. Real property. The term "real property" includes lands, tenements and hereditaments. Shall. The term "shall" is to be construed as being mandatory. Sidewalk. The term "sidewalk" means that portion of a street between the curbline, or the lateral lines of a roadway where there is no curb, and the adjacent property line, intended for the use of pedestrians. Signature, subscription. The terms "signature" and "subscription" include a mark when the person cannot write. State. The term "state" means the State of North Carolina. Statute references. The abbreviation "G.S." refers to the General Statutes of North Carolina, as amended. Street. The term "street" or "highway" shall be defined as provided in G.S. 20-4.01. Tenant, occupant. The terms "tenant" and "occupant," applied to a building or land, include any person who occupies the whole or a part of such building or land, whether alone or with others. Tense. Words used in the past or present tense include the future as well as the past and present. Term. The word "term" is service in an appointed capacity for the full period of time defined as a term by the ordinance authorizing the appointment. Term limit. The term "term limit" is defined as the total number of successive full terms authorized to be served by an incumbent appointed under the ordinance authorizing the appointment and upon which the incumbent is not eligible for appointment to a succeeding subsequent term. Town. The term "town" means the Town of Leland, except as otherwise provided. Town officers. The term "town officers" includes mayor, mayor pro tem, town council, town manager, town clerk, town attorney, finance director/officer and tax collector. Unexpired term. The term "unexpired term" is a period that is less than the full period of time defined as a term by the ordinance authorizing the appointment. Writing, written. The terms "writing" and "written" include printing and any other mode of representing words and letters. Year. The term "year," except where a fiscal year is specifically referred to, means a calendar year. (Code 2003, § 1-2; Ord. No. 10-15, § 1(exh. A), 8-19-2010; altered in 2018 recodification) State law reference—Construction of statutes, G.S. 12-3; computation of time, G.S. 1-593, 1A-1, Rule 6(a), 159-2; citation of General Statutes, G.S. 164-1. Sec. 1-3. History notes; catchlines of sections. The history notes appearing in parentheses after sections of this Code are not intended to have any legal effect but are merely intended to indicate the source of matter contained in the section. (a) The history or source notes appearing in parentheses after a section in this Code have no legal effect and only indicate legislative history. Editor's notes and state law references that appear in this Code after sections or subsections or that otherwise appear in footnote form are provided for the convenience of the user of this Code and have no legal effect. (b) The catchlines of the several sections of this Code printed in boldface type are intended as mere catchwords to indicate the contents of the sections and shall not be deemed or taken to be titles of such sections, nor as any part of the sections, nor, unless expressly so provided, shall they be so deemed when any of such sections, including the catchlines, are amended or reenacted. (c) Unless specified otherwise, all references to chapters or sections are to chapters or sections of this Code. (Code 2003, § 1-3; Ord. No.PROOFS 10-15, § 1(exh. A), 8-19-2010; altered in 2018 recodification) Sec. 1-4. Editor's notes and references. The editor's notes and state law references appearing in the Code are merely information to assist the user of the Code and are of no legal effect. (Code 2003, § 1-4; Ord. No. 10-15, § 1(exh. A), 8-19-2010) Sec. 1-5. Catchlines of sections. The catchlines of the several sections of this Code printed in boldface type are intended as mere catchwords to indicate the contents of the sections, and shall not be deemed or taken to be titles of such sections, nor as any part of the section; nor, unless expressly so provided, shall they be so deemed when any of such sections, including the catchlines, are amended or reenacted. (Code 2003, § 1-5; Ord. No. 10-15, § 1(exh. A), 8-19-2010) State law reference—Construction of amended statute, G.S. 12-4. Sec. 1-4. Provisions considered as continuations of existing ordinances. The provisions appearing in this Code, so far as they are the same as those of ordinances adopted prior to the adoption of this Code and included herein, shall be considered as continuations thereof and not as new enactments. (Code 2003, § 1-6; Ord. No. 10-15, § 1(exh. A), 8-19-2010) Sec. 1-5. Additions and amendments deemed incorporated in Code. Any and all additions and amendments to this Code, when passed in such form as to indicate the intention of the town to make the same a part of this Code, shall be deemed to be incorporated in this Code, so that reference to the Code shall be understood and intended to include such additions and amendments. (Code 2003, § 1-7; Ord. No. 10-15, § 1(exh. A), 8-19-2010) Sec. 1-8. Code does not affect prior offenses, rights. Nothing in this Code or the ordinance adopting this Code shall affect any offense or act committed or done, or any penalty or forfeiture incurred, or any contract or right established or accruing before the effective date of this Code. (Code 2003, § 1-8; Ord. No. 10-15, § 1(exh. A), 8-19-2010) Sec. 1-6. Effect of repeal of ordinance. (a) The repeal of an ordinance shall not revive any ordinances in force before or at the time the ordinance repealed took effect. (b) The repeal of an ordinance shall not affect any punishment or penalty incurred before the repeal took effect, nor any suit, prosecution or proceeding pending at the time of the repeal, for an offense committed or cause of action arising under the ordinance repealed. (Code 2003, § 1-9; Ord. No. 10-15, § 1(exh. A), 8-19-2010) Sec. 1-7. CertainOrdinances not affected by adoption of Code. Nothing in this Code or the ordinance adopting this Code shall be construed to repeal or otherwise affect the validity of any of the following when not inconsistent with this Code: The repeal provided for in the ordinance adopting this Code shall not affect any of the following: (1) Any offense or act committed or done, or any penalty or forfeiture incurred, or any contract or right established or accruing before the effective date of this Code. If any penalty, forfeiture or punishment is mitigated by any provision of a new ordinance, such provision may be, by the consent of the party affected, applied to any judgment announced after the new ordinance takes effect; (2) Any ordinance promising or guaranteeing the payment of money by the town, or authorizing the issuance of any bonds of the town, or any evidence of the town's indebtedness, or any contract, agreement, lease, deed or other instrument or obligation assumed by the town or creating interest and sinking funds; (3) Any right or franchise,PROOFS permit, or other right granted by any ordinance, except as this Code may contain provision for such matters, in which case this Code shall be considered as amending such ordinance in respect of such provisions only; (4) Any personnel regulations; (5) Any ordinance establishing salaries of town officers and employees or civil service rules; (6) Any ordinance dedicating, naming, establishing, locating, relocating, opening, paving, widening, repairing or vacating any street, alley or other public way in the town; (7) Any ordinance establishing and prescribing the street grades in the town; (8) Any appropriation ordinance or any ordinance levying or imposing taxes; (9) Any ordinance providing for local improvements and assessing taxes for such improvements; (10) Any ordinance dedicating or accepting any plat or subdivision in the town; (11) Any ordinance establishing the official plat of the town; (12) Any zoning map amendment or land use, rezoning or zoning ordinance; (13) Any ordinance annexing territory or excluding territory from the town; (14) Any ordinance prescribing traffic regulations for specific locations, prescribing through streets, parking limitations, parking prohibitions, one-way traffic, limitations on loads of vehicles or loading zones; (15) Any subdivision ordinance; (15) Any ordinance creating special districts; (16) Any ordinance prescribing rates, fees or charges; and (17) Any ordinance calling a municipal election. and all such ordinances are recognized as continuing in full force and effect to the same extent as if set out at length in this Code. (Code 2003, § 1-10; Ord. No. 10-15, § 1(exh. A), 8-19-2010; altered in 2018 recodification) State law reference—Authority of town to omit designated classes of ordinances from Code, G.S. 160A-77. Sec. 1-8. Amendments to Code.2 (a) All ordinances passed subsequent to the adoption of this Code which amend, repeal or in any way affect this Code may be numbered in accordance with the numbering system of this Code and printed for inclusion in this Code. In the case of repealed chapters, sections or subsections or any part thereof by subsequent ordinances, such repealed portions may be excluded from the Code by the omission thereof from reprinted pages affected thereby. The subsequent ordinances as numbered and printed or as omitted, in the case of repeal, shall be prima facie evidence of such subsequent ordinances until such time that this Code and subsequent ordinances numbered or omitted are readopted as a new Code of Ordinances by the town council. (b) Amendments to any of the provisions of this Code shall be made by amending such provisions by specific reference to the section number of this Code. Such amendments may be in the following language: "That section _____ of the Code of Ordinances, Town of Leland, North Carolina (or the Leland Town Code), is amended to read as follows: . . .. The new provisions may then be set out in full as desired. (c) If a chapter, article or section not heretofore existing in this Code is to be added, the following language may be used: "That the Code of Ordinances, Town of Leland, North Carolina (or the Leland Town Code), is amended by adding a chapter, article or section to be numbered _____ , which chapter, article or section reads as follows: . . .. The new chapter, article or section may then be set out in full as desired. (d) All sections, articles, chapters or provisions of this Code desired to be repealed shall be specifically repealed by section, article or chapter number, as the case may be. __ In addition to such indications as may be contained in the text of a proposed ordinance, the amendment or addition shall be shown in concise form above the ordinance. (Code 2003, § 1-11; Ord. No.PROOFS 10-15, § 1(exh. A), 8-19-2010; altered in 2018 recodification) Sec. 1-9. Supplementation of Code. (a) By contract or by town personnel, supplements to this Code shall be prepared and printed whenever authorized or directed by the town council. A supplement to the Code shall include all substantive permanent and
2 Legal Analysis: Code 2003, § 1-11. Amendments to Code. What is the intent of (d)? Clarify or delete if obsolete. Deleted per 6/5/17 conference. general parts of ordinances passed by the council during the period covered by the supplement and all changes made by the supplement in the Code. The pages of a supplement shall be so numbered that they will fit properly into the Code and will, where necessary, replace pages which have become obsolete or partially obsolete; and the new pages shall be so prepared that, when they have been inserted, the Code will be current through the date of the adoption of the latest ordinance included in the supplement. (b) In preparing a supplement to this Code, all portions of this Code which have been repealed shall be excluded from reprinted pages. (c) When preparing a supplement to this Code, the codifier (meaning the person, agency or organization authorized to prepare the supplement) may make formal, nonsubstantive changes in ordinances and parts of ordinances included in the supplement, insofar as it is necessary to do so to embody them into a unified Code. For example, the codifier may: (1) Organize the ordinance material into appropriate subdivisions; (2) Provide appropriate catchlines, headings and titles for sections and other subdivisions of the Code printed in the supplement, and make changes in such catchlines, headings and titles; (3) Assign appropriate numbers to sections and other subdivisions to be inserted in the Code and, where necessary to accommodate new material, change existing section or other subdivision numbers; (4) Change the words "this ordinance" or words of the same meaning to "this chapter," "this article," "this division," etc., as the case may be, or to "sections _____ to _____" (inserting section numbers to indicate the sections of the Code which embody the substantive sections of the ordinance incorporated into the Code); (5) Make other nonsubstantive changes necessary to preserve the original meaning or ordinance sections inserted into the Code; but in no case shall the codifier make any change in the meaning or effect of ordinance material included in the supplement or already embodied in the Code. (Code 2003, § 1-12; Ord. No. 10-15, § 1(exh. A), 8-19-2010) State law reference—Authority of town to provide for looseleaf supplementation of Code, G.S. 160A-77. Sec. 1-10. Severability of parts of Code. It is declared to be the intention of the council that the sections, paragraphs, sentences, clauses and phrases of this Code are severable; and if any phrase, clause, sentence, paragraph or section of this Code shall be declared unconstitutional or invalid by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality or invalidity shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this Code, since they would have been enacted by the council without the incorporation in this Code of any such unconstitutional phrase, clause, sentence, paragraph or section. (Code 2003, § 1-13; Ord. No. 10-15, § 1(exh. A), 8-19-2010) Sec. 1-11. General penalty for violation of Code.3 (a) Except as provided in subsection (b) of this section, if any person shall violate an ordinance of the town, he shall be guilty of a class 3 misdemeanor and shall be fined not more than $500.00 in accordance with the provisions of G.S. 14-4. (b) If any person shall violate an ordinance of the town regulating the operation of vehicles, he shall be responsible for an infractionPROOFS and shall be required to pay a penalty of not more than $50.00 in accordance with G.S. 14-4. (c) Each day's continuing violation shall be a separate and distinct offense.
3 Legal Analysis: Code 2003, § 1-14. General penalty for violation of Code. Revised to provide for maximums as allowed by NC law. Revised per direction at 6/5/17 conference. Please confirm the revisions are ok. OK per 10/23/17 email from attorney (d) In this section, the term "violation of this Code" means any of the following: (1) Doing an act that is prohibited or made or declared unlawful, an offense, a violation, an infraction, a civil infraction or a misdemeanor by ordinance or by rule or regulation authorized by ordinance. (2) Failure to perform an act that is required to be performed by ordinance or by rule or regulation authorized by ordinance. (3) Failure to perform an act if the failure is prohibited or is made or declared unlawful, an offense, a violation, an infraction, a civil infraction or a misdemeanor by ordinance or by rule or regulation authorized by ordinance. (e) In this section, the term "violation of this Code" does not include the failure of a town officer or town employee to perform an official duty unless it is specifically provided that the failure to perform the duty is to be punished as provided in this section. (f) Except as otherwise provided by law or ordinance: (1) With respect to violations of this Code that are continuous with respect to time, each day that the violation continues is a separate offense. (2) With respect to other violations, each act constitutes a separate offense. (g) The imposition of a penalty does not prevent suspension or revocation of a license, permit or franchise or other administrative sanctions. (h) This Code may also be enforced as authorized and in accordance with G.S. 160A-175. Specifically, and without limitation, any section of this Code may be enforced by an appropriate equitable remedy issuing from a court of competent jurisdiction. This Code may be enforced by any one, all, or a combination of the remedies authorized by G.S. 160A-175. (Code 2003, § 1-14; Ord. No. 10-15, § 1(exh. A), 8-19-2010; altered in 2018 recodification) State law reference—Penalties, G.S. 14-4; enforcement of ordinances, G.S. 160A-175. Sec. 1-12. Civil penalty.4 (a) A violation of any of the provisions of this Code or of any ordinance of the town shall subject the offender to a civil penalty of $50.00 unless otherwise specified. (b) If any person fails to pay a civil penalty within 72 hours after being cited for a violation, the town may seek to recover the penalty by filing a civil action in the nature of debt. In addition, if a person fails to pay a civil penalty within such 72-hour period, the civil penalty shall be increased by $10.00 per day for each 24-hour period the penalty remains unpaid. (c) Each day's continuing violation shall be a separate and distinct offense. (Code 2003, § 1-15; Ord. No. 10-15, § 1(exh. A), 8-19-2010) Sec. 1-13. Parking violations.5 (a) Violations of any ordinance as set forth in this Code restricting or regulating parking within the town shall subject the offender to a civil penalty in the amount of $50.00, to be recovered by the town in a civil action in the nature of a debt if the offender does not pay the penalty within 72 hours after he has been cited for violation of the ordinance. (b) Each day's continuingPROOFS violation shall be a separate and distinct offense. (c) In accordance with G.S. 160A-175(b), a violation of the ordinances referred to in this section shall not
4 Legal Analysis: Code 2003, § 1-15. Civil penalty. Deleted as covered by revised 1-14. Keep per 6/5/17 conference. OK per 10/23/17 email from attorney 5 Legal Analysis: Code 2003, § 1-16. Parking violations. Deleted as covered by revised 1-14. Keep per 6/5/17 conference. OK per 10/23/17 email from attorney be subject to the penalty provision of G.S. 14-4 and shall not be considered a breach of the penal laws of the state. (Code 2003, § 1-16; Ord. No. 10-15, § 1(exh. A), 8-19-2010)
PROOFS
Chapter 2 ADMINISTRATION* *Editor's note—Ord. No. 11-12, § 1(exh. A), adopted November 17, 2011, repealed and reenacted chapter 2, articles I—VIII in its entirety to read as herein set out. Formerly, chapter 2 pertained to similar subject matter and derived from an ordinance adopted November 14, 1991, §§ 1—8; the Code of 1992, §§ 2-1, 2-2, 2-72—77, 2-91—2-93, 2-106, 2-121—2-128, 2-175—2- 182; an ordinance adopted October 21, 1993, §§ 1—5, 7—30; Ord. No. 98-22, §§ 1—5, adopted July 16, 1998; Ord. No. 98- 23, §§ 1—7, adopted July 16, 1998; Ord. No. 01-17, § 2, adopted December 20, 2001; Ord. No. 03-24, § 1, adopted October 16, 2003; Ord. No. 05-17, § 1, adopted June 16, 2005; Ord. No. 05-40, § 2, adopted December 15, 2005; Ord. No. 06-08, §§ 7—9, adopted March 16, 2006, and Ord. No. 11-10, § 1, adopted October 20, 2011. *State law reference—Authority to organize town government, G.S. 160A-146 et seq.
ARTICLE I. IN GENERAL Sec. 2-1. Town seal.6 The seal of the town shall be of circular shape and is described as follows: encircling the border are the words Town of Leland, North Carolina, Chartered 1989. [GRAPHIC] (Code 2003, § 2-1; Ord. No. 11-12, § 1(exh. A), 11-17-2011) Sec. 2-2. Custodian of town seal. The town clerk shall have custody of the seal of the town, and the seal shall be carefully preserved and kept at all times at the town hall, except in a declared emergency. (Code 2003, § 2-2; Ord. No. 11-12, § 1(exh. A), 11-17-2011) Sec. 2-3. Oath of office. Every person elected or appointed to an office from whom an oath before a proper officer is required to be made and subscribed shall make and subscribe such oath before entering upon the duties of such office. (Code 2003, § 2-3; Ord. No. 11-12, § 1(exh. A), 11-17-2011) State law reference—Oath of office, N.C. Const. art. VI, § 7; Oath, G.S. 160A-61. Sec. 2-4. Public hearings. (a) Public hearings required by law or deemed advisable by the council shall be organized by a special order, adopted by a majority vote, that sets the subject, date, place and time of the hearing as well as any optional rules regarding the length of time for each speaker, and other pertinent matters. The following rules may include, but are not limited to: (1) Fixing the maximum time allotted to each speaker. (2) Providing for the designation of spokespersons for groups of persons supporting or opposing the same positions. PROOFS (3) Providing for the selection of delegates from groups of persons supporting or opposing the same positions when the number of persons wanting to attend the hearing exceeds the capacity of the hall. (4) Providing for the maintenance of order and decorum in the conduct of the hearing.
6 Legal Analysis: Code 2003, § 2-1. Town seal. Is this current seal? Accurately reflects current seal per 10/26/17 conference. (5) Rules may be adjusted at the time of the hearing by the majority vote of the council. (b) All notices and other requirements of the open meetings law applicable to council meetings shall also apply to public hearings at which a majority of the council is present. A public hearing for which any notices required by the open meetings law or other provisions of law have been given may be continued to a time and place certain without further advertisement. The requirements of subsection 2-30(c) shall be followed in continuing a hearing at which a majority of the council is present. (c) At the time appointed for the hearing, the mayor or his designee shall call the hearing to order and then preside over it. When that allotted time expires or when no one wishes to speak who has not done so, the presiding officer shall declare the hearing ended. (Code 2003, § 2-4; Ord. No. 11-12, § 1(exh. A), 11-17-2011) Sec. 2-5. Quorum at public hearings. A quorum of the council shall be required at all public hearings. If a quorum is not present at such a hearing, the hearing shall be continued until the next regular council meeting without further advertisement. (Code 2003, § 2-5; Ord. No. 11-12, § 1(exh. A), 11-17-2011) Secs. 2-6--2-28. Reserved.
ARTICLE II. TOWN COUNCIL Sec. 2-29. Regular meetings.7 (a) The council shall hold a regular meeting on the third Thursday of each month; except that if a regular meeting day is a legal holiday, the meeting will be set by the town council at the prior month's meeting. (b) The meeting shall be held at town hall and shall begin at 7:00 6:00 p.m. A copy of the council's current meeting schedule shall be filed with the town clerk. (Code 2003, § 2-41; Ord. No. 11-12, § 1(exh. A), 11-17-2011) State law reference—Meetings of public bodies, G.S. 143-318.9 et seq.; conduct of public hearings, G.S. 160A-81. Sec. 2-30. Special, emergency and adjourned (or recessed) meetings. (a) Special meetings. (1) The mayor, the mayor pro tempore, or any two members of the council may at any time call a special council meeting by signing a written notice stating the time and place of the meeting and the subjects to be considered. At least 48 hours before a special meeting called in this manner, written notice of the meeting stating its time and place and the subjects to be considered shall be delivered to the mayor and each councilmember or left at his usual dwelling place; posted on the council's principal bulletin board, or if none, at the door of the council's usual meeting room; and mailed or delivered to each newspaper, wire service, radio station, television station and person who has filed a written request for notice with the town clerk. Only those items of business specified in the notice may be transacted at a special meeting called in this manner unless all members are present or have signed a written waiver of notice. (2) A special meeting may also be called or scheduled by vote of the council in open session during another duly called meeting. The motion or resolution calling the special meeting shall specify its time, place and purpose. At least 48 hours before a special meeting is called in this manner, notice of the time, place and purpose ofPROOFS the meeting shall be posted on the council's principal bulletin board, or if none, at the door of the council's usual meeting room, and mailed or delivered to each newspaper, wire service, radio station, television station, and person who has filed a written request for notice with the town clerk. (Such notice shall also be mailed or delivered at least 48 hours before the meeting to each councilmember not present at the meeting at which the special meeting was called or scheduled and to the mayor if he was
7 Legal Analysis: Code 2003, § 2-41. Regular meetings. Website says meetings start at 6pm – revise? OK per 6/5/17 conference. not present at that meeting.) (b) Emergency meetings. (1) The mayor, the mayor pro tempore or any two members of the council may at any time call an emergency council meeting by signing a written notice stating the time and place of the meeting and the subjects to be considered. The notice shall be delivered to the mayor and each councilmember or left at his usual dwelling place at least six hours before the meeting. Notice of the meeting shall be given to each local newspaper, local wire service, local radio station, and local television station that has filed a written emergency meeting notice request, which includes the newspaper's, wire service's, or station's telephone number, with the town clerk. This notice shall be given either by telephone or by the same method used to notify the mayor and the councilmembers, and shall be given at the expense of the party notified. (2) Emergency meetings shall only be called because of generally unexpected circumstances that require immediate consideration by the town council. Only business connected with the emergency may be considered at an emergency meeting. (c) Adjourned (or recessed) meetings. A properly called regular, special or emergency meeting may be adjourned (or recessed) by a procedural motion made and adopted as provided in section 2-37 2-56 [2-49] in open session during the regular, special, or emergency meeting. The motion shall state the time and place when the meeting will reconvene. No further notice need be given of an adjourned (or recessed) session of a properly called regular, special or emergency meeting. (Code 2003, § 2-42; Ord. No. 11-12, § 1(exh. A), 11-17-2011) Sec. 2-31. Organizational meeting. (a) On the date and at the time of the first regular meeting in December following a general election in which councilmember's are elected, or at an earlier date, if any, set by the incumbent council, the newly elected members shall take and subscribe the oath of office as the first order of new business. As the second order of new business, the council shall elect a mayor pro tempore, who shall serve at the council's pleasure. This organizational meeting shall not be held before the municipal election results are officially determined, certified and published in accordance with G.S. 160A-68. (b) At the organizational meeting, the newly elected mayor and councilmember's shall qualify by taking the oath of office prescribed in N.C. Const. art. VI, § 7 and G.S. 160A-61. The organization of the council shall take place notwithstanding the absence, death, refusal to serve, failure to qualify, or non-election of one or more members; but at least a quorum of the members must be present. (c) At the organizational meeting the town council shall adopt rules of procedure. (Code 2003, § 2-43; Ord. No. 11-12, § 1(exh. A), 11-17-2011) Sec. 2-32. Agenda. (a) The council may by majority vote add items to or subtract items from the proposed agenda; except that the council may not add items to the proposed agenda stated in the notice of a special meeting called by the mayor, mayor pro tempore, or two councilmembers, unless all members are present, or those who are absent sign a written waiver of notice; and only business connected with the emergency may be considered at an emergency meeting. The council should make provision for the public to be able to inspect and copy the agenda package in the town offices. (b) The council shallPROOFS not deliberate, vote or otherwise take action on any matter by reference to a letter, number or other designation, or other secret device or method, with the intention of making it impossible for persons attending a meeting of the council to understand what is being deliberated, voted on or acted on. The council may, however, deliberate, vote or otherwise take action by reference to an agenda, if copies of the agenda, sufficiently worded to enable the public to understand what is being deliberated, voted on or acted on are available for public inspection at the meeting. (Code 2003, § 2-44; Ord. No. 11-12, § 1(exh. A), 11-17-2011) Sec. 2-33. Public address to the council. Any individual or group who wishes to address the council shall make a request to be on the agenda to the town clerk. (Code 2003, § 2-44; Ord. No. 11-12, § 1(exh. A), 11-17-2011) Sec. 2-34. Office of mayor. (a) The mayor shall preside at all meetings of the council. In order to address the council, a member must be recognized by the mayor. (b) The mayor shall have the following powers: (1) To rule motions in or out of order, including any motion patently offered for obstructive or dilatory purposes. (2) To determine whether a speaker has gone beyond reasonable standards of courtesy in his remarks and to entertain and rule on objections from other members on this ground. (3) To entertain and answer questions of parliamentary law or procedure. (4) To call a brief recess at any time. (5) To adjourn in an emergency. (Code 2003, § 2-46; Ord. No. 11-12, § 1(exh. A), 11-17-2011) State law reference—Mayor to preside over council, G.S. 160A-69. Sec. 2-35. Office of mayor pro tempore.8 The mayor pro tempore shall be entitled to vote on all matters and shall be considered a councilmember for all purposes, including the determination of whether a quorum is present. In the mayor's absence, the council may confer on the mayor pro tempore any of the mayor's powers and duties. If the mayor should become physically or mentally unable to perform the duties of his office, the council may by unanimous vote declare that the mayor is incapacitated and confer any of the mayor's powers and duties on the mayor pro tempore. When the mayor declares that he is no longer incapacitated, and a majority of the council concurs, the mayor shall resume the exercise of his powers and duties. If both the mayor and the mayor pro tempore are absent from a meeting, the council may elect from among its members a temporary chair to preside at the meeting. (Code 2003, § 2-47; Ord. No. 11-12, § 1(exh. A), 11-17-2011) State law reference—Mayor pro tempore, G.S. 160A-70. Sec. 2-36. Presiding officer when mayor is in active debate. The mayor shall preside at meetings of the council unless he becomes actively engaged in debate on a particular proposal, in which case he may designate another councilmember to preside over the debate. The mayor shall resume presiding as soon as the action on the matter is concluded. (Code 2003, § 2-48; Ord. No. 11-12, § 1(exh. A), 11-17-2011) Sec. 2-37. Rules of order. All meetings will follow the most current Robert's Rules of Order unless some other published rules of procedure are adopted at the organizational meeting. (Code 2003, § 2-49; Ord. No.PROOFS 11-12, § 1(exh. A), 11-17-2011) Sec. 2-38. Voting rights. All councilmembers shall have the right to vote and make or second motions. The mayor shall have the right to vote and second motions, but the mayor shall have no right to make motions.
8 Legal Analysis: Code 2003, § 2-47. Office of mayor pro tempore. Added missing language. OK per 6/5/17 conference. (Code 2003, § 2-50; Ord. No. 11-12, § 1(exh. A), 11-17-2011) Sec. 2-39. Ratification of action. To the extent permitted by law, the council may ratify actions taken on its behalf but without its prior approval. A motion to ratify is a substantive motion. (Code 2003, § 2-55; Ord. No. 11-12, § 1(exh. A), 11-17-2011) Sec. 2-40. Duty to vote. Every councilmember must vote unless excused by the remaining members according to law. A member who wishes to be excused from voting shall so inform the mayor, who shall take a vote of the remaining members. No member shall be excused from voting except upon matters involving the consideration of his own financial interest or official conduct. In all other cases, a failure to vote by a member who is physically present in the council chamber, or who has withdrawn without being excused by a majority vote of the remaining members present shall be recorded as an affirmative vote. (Code 2003, § 2-59; Ord. No. 11-12, § 1(exh. A), 11-17-2011) Sec. 2-41. Introduction of ordinances. A proposed ordinance shall be deemed to be introduced on the date the subject matter is first voted on by the council. (Code 2003, § 2-60; Ord. No. 11-12, § 1(exh. A), 11-17-2011) Sec. 2-42. Adoption of ordinances and approval of contracts. An affirmative vote equal to a majority of all the members of the council not excused from voting on the question in issue, including the mayor's vote, shall be required to adopt an ordinance; to take any action that has the effect of an ordinance; or to make, ratify or authorize any contract on behalf of the town. In addition, no ordinance or action that has the effect of an ordinance may be finally adopted on the date on which it is introduced except by an affirmative vote equal to or greater than two-thirds of all the actual membership of the council, excluding vacant seats, and not including the mayor. No ordinance shall be adopted unless it has been reduced to writing before a vote on adoption is taken. (Code 2003, § 2-61; Ord. No. 11-12, § 1(exh. A), 11-17-2011) Sec. 2-43. Adoption of the budget ordinance. (a) Notwithstanding the provisions of any town Charter, general law or local Act: (1) Any action with respect to the adoption or amendment of the budget ordinance may be taken at any regular or special meeting of the council by a simple majority of those present and voting, a quorum being present; (2) No action taken with respect to the adoption or amendment of the budget ordinance need be published or is subject to any other procedural requirement governing the adoption of ordinances or resolutions by the council; and (3) The adoption and amendment of the budget ordinance and the levy of taxes in the budget ordinance are not subject to the provisions of any town Charter or local Act concerning initiative or referendum. (b) During the period beginning with the submission of the budget to the council and ending with the adoption of the budget ordinance,PROOFS the council may hold any special meetings that may be necessary to complete its work on the budget ordinance. Except for the notice requirements of the open meetings law, which continue to apply, no provision of law concerning the call of special meetings applies during that period so long as each member of the board has actual notice of each special meeting called for the purpose of considering the budget and no business other than consideration of the budget is taken up. This rule does not allow, and may not be construed to allow, the holding of closed meetings or executive sessions by the council if it is otherwise prohibited by law from holding such a meeting or session. (Code 2003, § 2-62; Ord. No. 11-12, § 1(exh. A), 11-17-2011) Sec. 2-44. Closed sessions. (a) The council may hold closed sessions as provided by law. The council shall only commence a closed session after a motion to go into closed session has been made and adopted during an open meeting. The motion shall state the purpose as stated in G.S. 143-318.11(a)(1) and G.S. 143-318.11(a)(3) of the closed session and must be approved by the vote of a majority of those present and voting. (b) The council shall terminate the closed session by a majority vote. (c) A motion to adjourn (or recess) shall not be in order during a closed session. (Code 2003, § 2-63; Ord. No. 11-12, § 1(exh. A), 11-17-2011) Sec. 2-45. Quorum. A majority of the actual membership of the council plus the mayor, excluding vacant seats, shall constitute a quorum. A member who has withdrawn from a meeting without being excused by a majority vote of the remaining members present shall be counted as present for purposes of determining whether or not a quorum is present. (Code 2003, § 2-64; Ord. No. 11-12, § 1(exh. A), 11-17-2011) State law reference—Quorum, G.S. 160A-74. Sec. 2-46. Minutes. (a) Full and accurate minutes of the council proceedings shall be kept and shall be open to the inspection of the public, except as provided in subsection 2-65(b) of this section. The results of each vote shall be recorded in the minutes; and on the request of any member of the council, the ayes and noes upon any question shall be taken. (b) Full and accurate minutes shall be kept of all actions taken during closed sessions. Minutes and other records of a closed session may be withheld from public inspection so long as public inspection would frustrate the purpose of the closed session. (Code 2003, § 2-65; Ord. No. 11-12, § 1(exh. A), 11-17-2011) Sec. 2-47. Appointments. All appointments made by the council shall be made in open session. (Code 2003, § 2-66; Ord. No. 11-12, § 1(exh. A), 11-17-2011) Sec. 2-48. Committees and boards. (a) The council or the mayor, as appropriate, may establish and appoint members for such temporary and standing committees and boards as are needed to help carry on the work of town government, and specific provisions of law relating to particular committees and boards shall be followed. (b) The requirements of the open meetings law shall apply to all committees and boards that either are established by the council, or are comprised of councilmembers. (Code 2003, § 2-67; Ord. No. 11-12, § 1(exh. A), 11-17-2011) Sec. 2-49. Compensation of mayor and council. In accordance with the provisions of G.S. 160A-64, the council may fix its own compensation and the compensation of the mayor by adoption of the annual budget ordinance. (Code 2003, § 2-68; Ord. No.PROOFS 14-07, § 1, 1-16-2014) Sec. 2-50. Health insurance benefits to mayor and councilmembers. (a) All town elected councilmembers and the mayor are allowed to participate in the group health insurance that is offered to all regular employees during their tenures as elected officials. The cost of this coverage shall be the same as the cost applicable to any full time/regular employee. Dependents of such elected officials shall also be allowed to participate in the group health insurance offered to all regular employees. The cost of such dependent coverage shall be the same as the cost applicable to any full time/regular employee. (b) The mayor or any elected councilmember who chooses not to receive the health insurance benefits as described in this section shall be paid, in addition to any compensation established under the provisions of section 2-49 68 of the Town Code, an amount equal to the cost of the health insurance benefits available under subsection (a) of this section. (Code 2003, § 2-69; Ord. No. 14-07, § 2, 1-16-2014; Ord. No. 14-11, § 1, 4-17-2014) Secs. 2-51--2-73. Reserved.
ARTICLE III. PLANNING ORGANIZATION* *State law reference—Authority to create boards and commissions, G.S. 160A-146. DIVISION 1. GENERALLY Sec. 2-74. Authority. Pursuant to authority granted by G.S. 160A-361, the town council enacts this article, outlining the structure of its organization for planning and setting forth the responsibilities of certain components of that organization. (Code 2003, § 2-101; Ord. No. 11-12, § 1(exh. A), 11-17-2011) Sec. 2-75. Scope of planning. Every action and program of every component of the town involves planning, in a broad sense of the term. For purposes of this article, the term “planning” is restricted to activities and programs involving physical, economic and social development of the town. (Code 2003, § 2-102; Ord. No. 11-12, § 1(exh. A), 11-17-2011) Sec. 2-76. Planning agencies. The following are designated as planning agencies assigned responsibilities under this article: (1) The town council; (2) The planning board; (3) The planning department; (3) The department of economic and community development; and (5) The inspection department; and (4) The board of adjustment. (Code 2003, § 2-103; Ord. No. 11-12, § 1(exh. A), 11-17-2011) Secs. 2-77--2-95. Reserved. DIVISION 2. TOWN COUNCIL Sec. 2-96. Duties. In its legislative capacity, the town council adopts policies, ordinances and amendments; appropriates funds; approves acquisition, construction and disposition of public facilities; and oversees administration of the town. In its quasi-judicial or administrative capacity, it approves redevelopment plans (G.S. 160A-513), serves as a redevelopment commission (G.S. 160A-456, 160A-505), and serves as a housing authority (G.S. 160A-456, 157- 4.1). PROOFS (Code 2003, § 2-121; Ord. No. 11-12, § 1(exh. A), 11-17-2011) Secs. 2-97--2-120. Reserved. DIVISION 3. PLANNING BOARD* *State law reference—Authority to create planning agency, G.S. 160A-361. Sec. 2-121. Created. The town planning board is created, in accordance with the provisions of this division. (Code 2003, § 2-141; Ord. No. 11-12, § 1(exh. A), 11-17-2011) Sec. 2-122. Membership, term, and vacancies.9 (a) The planning board shall consist of seven members. Each member shall be a citizen of the town. The term of each member shall be three years or until a successor is appointed. No member shall serve more than two consecutive terms. Any person appointed to fill an unexpired term shall be deemed to have served one of the two consecutive terms that such member may serve if the unexpired term is for two years or more. No later than 90 days preceding the expiration of a member's term, members who have served only one term may apply in writing to the town council to be reappointed for a second term. At the expiration of one year from a former planning board member's second term, such member shall be eligible for reappointment to the planning board. (b) The terms of the members of the planning board shall expire on June 30 or until a successor is appointed. New planning board members shall take office at the first regularly scheduled planning board meeting after June 30. __ The effective date of this amendment is December 18, 2014. The terms of those members of the planning board who are serving on the effective date of this amendment shall continue until June 30 of the year in which their current term expires. (Code 2003, § 2-142; Ord. No. 11-12, § 1(exh. A), 11-17-2011; Ord. No. 14-19, § 1, 12-18-2014) Sec. 2-123. Organization, rules, meetings and records. Within 30 days after appointment, the planning board shall meet and elect a chair and create and fill such offices as it may determine. The board shall adopt rules for transaction of its business and shall keep a record of its members' attendance and of its resolutions, discussions, findings, and recommendations, which shall be a public record. The board shall hold at least one meeting monthly, and all of its meetings shall be open to the public. There shall be a quorum of a majority of the appointed members for the purpose of taking any official action. Any motion shall be adopted by a majority of the votes cast, a quorum being present. (Code 2003, § 2-143; Ord. No. 11-12, § 1(exh. A), 11-17-2011) Sec. 2-124. General powers and duties. (a) It shall be the duty of the planning board, in general to: (1) Acquire and maintain in current form such basic information and materials as are necessary to an understanding of past trends, present conditions and forces at work to cause changes in these conditions; (2) Identify needs and problems growing out of those needs; (3) Determine objectives to be sought in development of the area; (4) Establish principles and policies for guiding action in development of the area; (5) Prepare and recommend to the town council revisions of the comprehensive and coordinated plan for the physical, social and economic development of the town; (6) Prepare and recommend to the town council ordinances promoting orderly development along lines indicated in the comprehensive plan and advises it concerning proposed amendments of such ordinances; (7) Determine whether specific proposed developments conform to the principles and requirements of the comprehensive plan for the growth and improvement of the area and ordinances adopted in furtherance of such plan; PROOFS (8) Keep the town council and the general public informed and advised as to these matters; and (9) Perform any other duties that may lawfully be assigned to it.
9 Legal Analysis: Code 2003, § 2-142. Membership, term, and vacancies. Deleted effective date and initial term language as no longer needed. OK per 6/5/17 conference. (b) The planning board shall advise and comment on whether a proposed amendment is consistent with any comprehensive plan that has been adopted and any other officially adopted plan that is applicable. The planning board shall provide a written recommendation to the governing board that addresses plan consistency and other matters as deemed appropriate by the planning board, but a comment by the planning board that a proposed amendment is inconsistent with a comprehensive plan shall not preclude consideration or approval of the proposed amendment by the town council. (Code 2003, § 2-144; Ord. No. 11-12, § 1(exh. A), 11-17-2011) Sec. 2-125. Basic studies. (a) As background for its comprehensive plan and any ordinances it may prepare, the planning board may gather maps and aerial photographs of physical features of the area; statistics on past trends and present conditions with respect to population, property values, the economic base of the area, and land use; and such other information as is important or likely to be important in determining the amount, direction and kind of development to be expected in the area and its various parts. (b) In addition, the planning board may make, cause to be made, or obtain special studies on the location, the condition, and the adequacy of specific facilities, which may include, studies of housing; environmental impact; commercial and industrial facilities; parks, playgrounds and other recreational facilities; public and private utilities; and traffic, transportation and parking facilities. (c) All town officials shall, upon request, furnish to the planning board such available records or information as it may require in its work. The board or its agents may, in the performance of its official duties, enter on lands and make examinations or surveys and maintain necessary monuments. (Code 2003, § 2-145; Ord. No. 11-12, § 1(exh. A), 11-17-2011) Sec. 2-126. Comprehensive plan. (a) The comprehensive plan, with the accompanying maps, plats, charts and descriptive matter, shall be and show the planning board's recommendations to the town council for the development of territory, including, among other things, the general location, character and extent of streets, bridges, boulevards, parkways, playgrounds, squares, parks, aviation fields, and other public ways, grounds and open spaces; the general location and extent of public utilities and terminals, whether publicly or privately owned or operated, for water, light, sanitation, transportation, communication, power and other purposes; the removal, relocation, widening, narrowing, vacating, abandonment, change of use, or extension of any of the foregoing ways, buildings, grounds, open spaces, property, utilities, or terminals, and the most desirable pattern of land use within the area, including areas for farming and forestry, for manufacturing and industrial uses, for commercial uses, for recreational uses, for open spaces, and for mixed uses. (b) The plan and any ordinances or other measures to effectuate it shall be made with the general purpose of guiding and accomplishing a coordinated, adjusted and harmonious development of the town and its environs that will, in accordance with present and future needs, best promote health, safety, morals, and the general welfare, as well as efficiency and economy in the process of development, including, among other things, adequate provision for traffic, the promotion of safety from fire and other dangers, adequate provision for light and air, the promotion of the healthful and convenient distribution of population, the promotion of good civic design and arrangement, wise and efficient expenditure of public funds, and the adequate provision of public utilities, services and other public requirements. (Code 2003, § 2-146; Ord.PROOFS No. 11-12, § 1(exh. A), 11-17-2011) Sec. 2-127. Subdivision regulations. (a) The planning board shall prepare and submit to the town council for its consideration and possible adoption regulations controlling the subdivision of land in accordance with G.S. 160A-371 et seq. It shall review, from time to time, the effectiveness of such regulations and may make proposals to the town council for amendment or other improvements of those regulations and their enforcement. (b) In accordance with the provisions of any regulations that are adopted, the planning board may review subdivision plats that are submitted and make recommendations to the town council concerning such plats. (Code 2003, § 2-147; Ord. No. 11-12, § 1(exh. A), 11-17-2011) Sec. 2-128. Zoning regulations. (a) The planning board shall prepare and submit to the town council for its consideration and possible adoption a zoning ordinance in accordance with the provisions of G.S. 160A-381 et seq. (b) The planning board may initiate, from time to time, proposals for amendment to the zoning regulations of chapter 66, 30, based upon its studies and the comprehensive plan. In addition, it shall review and make recommendations to the town council concerning all proposed amendments to the zoning regulations of chapter 66. 30. (Code 2003, § 2-148; Ord. No. 11-12, § 1(exh. A), 11-17-2011) Sec. 2-129. Historic properties. The planning board shall exercise the functions of a historic properties commission, as authorized by G.S. 160A-400.1. (Code 2003, § 2-149; Ord. No. 11-12, § 1(exh. A), 11-17-2011) Sec. 2-130. Miscellaneous powers and duties. (a) The planning board may conduct such public hearings as may be required to gather information for the drafting, establishment and maintenance of the comprehensive plan. Before adopting any such plan, it shall hold at least one public hearing on the plan. (b) The planning board shall have power to promote public interest in and an understanding of its recommendations, and to that end it may publish and distribute copies of its recommendations and may employ such other means of publicity and education as it may elect. (Code 2003, § 2-150; Ord. No. 11-12, § 1(exh. A), 11-17-2011) Sec. 2-131. Advisory council and special committees. (a) The planning board may establish an unofficial advisory council and may cooperate with the council to the end that its investigations and plans may receive full consideration, but the board may not delegate to such advisory council any of its official powers and duties. (b) The planning board may from time to time establish special committees to assist it in studying specific questions and problems. (Code 2003, § 2-152; Ord. No. 11-12, § 1(exh. A), 11-17-2011) Sec. 2-132. Conflict of interest. Members of the planning board shall not vote on recommendations regarding any zoning map or text amendment where the outcome of the matter being considered is reasonably likely to have a direct, substantial, and readily identifiable financial impact on the member. (Code 2003, § 2-153; Ord. No. 11-12, § 1(exh. A), 11-17-2011) Sec. 2-133. Compensation. The town council is authorized to compensate the members of the planning board for their services subject to the following terms and conditions: (1) The compensationPROOFS to be paid to members of the planning board shall be established in the annual budget adopted by the town council. (2) Members of the planning board shall be compensated on a per meeting basis and such compensation shall only be paid if a member of the planning board attends the entire planning board meeting for which compensation is authorized. (3) Members of the planning board may choose not to receive compensation for their service. In such event, the member shall submit written notice to the town clerk of his or her intention not to be compensated for such service. This notice shall be on forms approved by the town manager and must be submitted to the town clerk no later than July 31 of each fiscal year 30 days following their appointment. (Code 2003, § 2-154; Ord. No. 15-12, § 1, 7-16-2015) Secs. 2-134--2-164. Reserved. DIVISION 4. PLANNING DEPARTMENT DIVISION Sec. 2-165. Function. Under the direction of the town manager, the planning department division shall assist the town council, the planning board, the department of economic and community development, the inspection department division and the zoning board of adjustment with studies, advice and preparation of plans. (Code 2003, § 2-171; Ord. No. 11-12, § 1(exh. A), 11-17-2011) Secs. 2-166--2-183. Reserved. DIVISION 5. DEPARTMENT OF ECONOMIC AND COMMUNITY DEVELOPMENT Sec. 2-184. Function. The department of economic and community development formulates and carries out economic and community development programs pursuant to G.S. 160A-456 et seq. (Code 2003, § 2-191; Ord. No. 11-12, § 1(exh. A), 11-17-2011) Secs. 2-185--2-206. Reserved. DIVISION 6. INSPECTION DEPARTMENT DIVISION Sec. 2-207. Function. The inspection department division carries out the responsibilities set forth in G.S. 160A-411 et seq. with regard to enforcement of the state building code and other laws relating to construction. In addition, it enforces the minimum housing standards as set forth in article III of chapter 14, 8, the zoning regulations in chapter 66, 30, the sign regulations in article XI of chapter 42, 30, and other ordinances as assigned by the town council and the administrator. Normally it is responsible for issuing permits, making inspections of both new construction and existing structures, issuing certificates of compliance, issuing orders to correct violations, initiating legal action against violators, and keeping records. (Code 2003, § 2-211; Ord. No. 11-12, § 1(exh. A), 11-17-2011) Secs. 2-208--2-237. Reserved.
ARTICLE IV. OFFICERS AND EMPLOYEES* *State law reference—General provisions for forms of government, G.S. 160A-59 et seq. DIVISION 1. GENERALLY Secs. 2-238--2-267. Reserved. DIVISION 2. TOWN ATTORNEY* *State law reference—AuthorityPROOFS to appoint town attorney, G.S. 160A-173. Sec. 2-268. Attendance at council meetings. The town attorney shall be required to attend all regular meetings of the town council and all special meetings when notified. (Code 2003, § 2-291; Ord. No. 11-12, § 1(exh. A), 11-17-2011) Sec. 2-269. Duties. The town attorney shall advise the town council on all legal questions which may be submitted to him. He shall approve or draft contracts, ordinances and other papers of a legal nature pertaining to the affairs of the town. He shall prepare for and litigate all matters pending in the superior court or elsewhere in which the town may be a party. He shall render such other legal service to the town council as may be demanded of him. (Code 2003, § 2-292; Ord. No. 11-12, § 1(exh. A), 11-17-2011) Sec. 2-270. Compensation. The town attorney's compensation for service rendered shall be an amount for specific services as agreed upon by the town council. (Code 2003, § 2-293; Ord. No. 11-12, § 1(exh. A), 11-17-2011) Secs. 2-271--2-288. Reserved. DIVISION 3. TOWN CLERK* *State law reference—Town clerk duties, G.S. 160A-171 et seq. Sec. 2-289. Duties. The town clerk shall be required to attend all town council meetings. The town clerk shall take, transcribe and have custody of the minutes and perform all other duties prescribed by the town council. (Code 2003, § 2-311; Ord. No. 11-12, § 1(exh. A), 11-17-2011) Secs. 2-290--2-311. Reserved. DIVISION 4. TOWN MANAGER Sec. 2-312. Created. The town council hereby creates the position of town manager. (Code 2003, § 2-339; Ord. No. 11-12, § 1(exh. A), 11-17-2011) Sec. 2-313. Appointment, qualifications, term and compensation. The town council shall appoint the town manager to hold office at the pleasure of the council. The town manager shall be appointed with regard to merit only. The town manager shall be paid such compensation as the town council shall determine. (Code 2003, § 2-340; Ord. No. 11-12, § 1(exh. A), 11-17-2011) Sec. 2-314. Powers and duties of town manager. The town manager shall be the chief administrative officer of the town and shall have the following powers, duties, and responsibilities: (1) He shall appoint and suspend or remove all town officers and employees not elected by the people and whose appointment or removal is not otherwise provided for by law, except the town attorney, in accordance with such general personnel rules, policies, or ordinances as the council may adopt. (2) He shall direct and supervise the administration of all departments, offices and agencies of the town, subject to the general direction and control of the council, except as otherwise provided by law. (3) He shall attend all meetings of the council and recommend any measures that he deems expedient. (4) He shall see that the laws of the state, the town Charter, and the ordinances, resolutions, and regulations of the councilPROOFS are faithfully executed by the town. (5) He shall prepare and submit the annual budget and capital program to the council. (6) He shall annually submit to the council and make available to the public a complete report on the finances and administrative activities of the town as of the end of the fiscal year. (7) He shall make any other reports that the council may require concerning the operations of town departments, offices and agencies subject to his direction and control. (8) He shall perform any other duties that may be required or authorized by the council. (Code 2003, § 2-341; Ord. No. 11-12, § 1(exh. A), 11-17-2011) Sec. 2-315. Absence or disability of town manager. (a) In the event the town manager shall be sick, absent from the town for an extended period or otherwise unable to perform the duties of his office, the council may designate any other town employee, or any other person, as acting town manager, and the person so designated shall have all the power and authority of the manager while serving in such capacity. Any employee designated as acting town manager shall receive such additional compensation as the council may determine. Neither the mayor nor any councilmember shall serve as acting town manager. (b) For shorter term absences for purposes such as vacation the town manager may designate a staff member to be in charge of town operations. (Code 2003, § 2-342; Ord. No. 11-12, § 1(exh. A), 11-17-2011) Secs. 2-316--2-333. Reserved.
ARTICLE V. TOWN PROPERTY DIVISION 1. GENERALLY Secs. 2-334--2-354. Reserved. DIVISION 2. DISPOSAL OF SURPLUS PERSONAL PROPERTY Sec. 2-355. Disposal authorized. The town manager is authorized to dispose of any surplus personal property owned by the town whenever he determines, in his discretion that: (1) The item or group of items has a fair market value of less than $5,000.00; such disposal is to be performed in conformity with section 2-356. 92 of this division (2) When the town manager determines the value to be in excess of $5,000.00 but less than $30,000.00, the town manager will dispose of said surplus personal property in accordance with the General Statute applicable to the disposal of surplus personal property of $30,000.00 or more. (3) Regardless of value, the town manager must determine that the personal property is no longer necessary for the conduct of public business, and that sound property management principles and financial considerations indicate the interests of the town would be best served by disposal of the property. (Code 2003, § 2-391; Ord. No. 11-12, § 1(exh. A), 11-17-2011) Sec. 2-356. Means of disposal for surplus personal property less than $5,000.00. The town manager may dispose of any surplus personal property of a value less than $5,000.00 by any means which he judges reasonably calculated to yield the highest attainable sale price in money or other consideration, including the methods of G.S. 160A-265 et seq. Such sale may be public or private, and with or without notice and minimum waiting period. (Code 2003, § 2-392; Ord. No. 11-12, § 1(exh. A), 11-17-2011) Sec. 2-357. To whom sold. Surplus personal propertyPROOFS of a value less than $5,000.00 shall be sold to the party who tenders the highest offer, or exchanged for any property or services useful to the town if greater value may be obtained in that manner, and the town manager is authorized to execute and deliver any applicable title documents. If no offers are received within a reasonable time, the town manager may retain the property, obtain any reasonably available salvage value, or cause it to be disposed of as waste material. No surplus property may be donated to any individual or organization except by resolution of the town council. (Code 2003, § 2-393; Ord. No. 11-12, § 1(exh. A), 11-17-2011) Sec. 2-358. Record of property sold. The town manager shall keep a record of all property sold under authority of this division; and that record shall generally describe the property sold or exchanged, to whom it was sold, or with whom exchanged, and the amount of money or other consideration received for each sale or exchange. (Code 2003, § 2-394; Ord. No. 11-12, § 1(exh. A), 11-17-2011) Sec. 2-359. Authority. This division is enacted pursuant to the provisions of G.S. 160A-266(c). (Code 2003, § 2-395; Ord. No. 11-12, § 1(exh. A), 11-17-2011) Secs. 2-360--2-376. Reserved. DIVISION 3. BIDDING PROCEDURES Sec. 2-377. Grant of authority. Subject to the restrictions and conditions provided in this division, when purchasing apparatus, supplies, materials or equipment for use by the town, in addition to such authority as may be provided by law or otherwise delegated by the town council, the town manager shall have the authority to: (1) Prepare or cause to be prepared plans or specifications setting forth a complete description of the items to be purchased and their characteristics, features or requirements; (2) Include, where appropriate, in specifications for the items to be purchased, an opportunity for bidders to purchase as trade-in specified personal property owned by the town; (3) Advertise or otherwise secure bids, for such items, if required under applicable law; (4) Award contracts for the purchase of the items and, where applicable, award contracts for the purchase of the items and the sale of trade-in property; (5) Reject bids; (6) Readvertise to receive bids; (7) Waive bid bond or deposit requirements; (8) Waive performance and payment bond requirements; and (9) Execute and deliver the purchase contracts. (Code 2003, § 2-411; Ord. No. 11-12, § 1(exh. A), 11-17-2011) Sec. 2-378. Report. At the first meeting of the town council following the award of any contract pursuant to this division, the town manager shall submit a report to the town council summarizing the bids received and the contracts awarded. Such report shall be included in the minutes of the meeting at which it is received. (Code 2003, § 2-412; Ord. No. 11-12, § 1(exh. A), 11-17-2011) Sec. 2-379. Extent of authority.10 Except in cases of sole-source purchases pursuant to G.S. 143-129(f)(e)(6) and cases of purchases from established contracts pursuantPROOFS to G.S. 143-129(g), unless otherwise provided by law, the provisions of this division shall apply to the purchase of apparatus, supplies, materials or equipment requiring the estimated expenditure of municipal funds in an amount not to exceed $10,000.00 for any one item or group of similar items. (Code 2003, § 2-413; Ord. No. 11-12, § 1(exh. A), 11-17-2011)
10 Legal Analysis: Code 2003, § 2-413. Extent of authority. Updated citation. OK per 6/5/17 conference. Sec. 2-380. No limitation of other authority. The provisions of this division are not intended to limit, restrict or revoke, in any manner, authority otherwise granted or delegated to the town manager by statute, law or action of the town council. (Code 2003, § 2-414; Ord. No. 11-12, § 1(exh. A), 11-17-2011) Sec. 2-381. Appropriation required. No purchase shall be made by the town manager under authority of this division unless an appropriation for such purpose has been authorized in the annual budget, or by supplemental appropriation or budget appropriation amendment adopted by the town council. (Code 2003, § 2-415; Ord. No. 11-12, § 1(exh. A), 11-17-2011) Sec. 2-382. Application of state law. In acting pursuant to the authority delegated by this division, the town manager shall comply with the requirements of G.S. 143-128 et seq. to the same extent as would have otherwise applied to the town council. (Code 2003, § 2-416; Ord. No. 11-12, § 1(exh. A), 11-17-2011) Sec. 2-383. Authority. This division is enacted pursuant to the provisions of G.S. 143-129(a). (Code 2003, § 2-417; Ord. No. 11-12, § 1(exh. A), 11-17-2011) Secs. 2-384--2-409. Reserved.
ARTICLE VI. CODE OF ETHICS Sec. 2-410. Declaration of policy. The policy of the town regarding ethics is contained in a separate resolution enacted by the council and adopted December 16, 2010, or the most currently adopted code of ethics. The resolution will be given to each member of the council upon taking their oath of office at the organizational meeting. The resolution is available to the public at the town hall upon request. (Code 2003, § 2-451; Ord. No. 11-12, § 1(exh. A), 11-17-2011) State law reference—General provisions for holding public office, G.S. 128-1 et seq. Secs. 2-411--2-433. Reserved.
ARTICLE VII. POLICE DEPARTMENT Sec. 2-434. Auxiliary police division. (a) There is established within the police department, as a division thereof, an auxiliary police division. This division shall be a volunteer organization whose members shall serve without compensation. The auxiliary police division may be composed of as many members as may from time to time be determined by the police chief and approved by the town manager. (b) The division shall be under the direct control of the chief of police, acting under the general supervision of the town manager. Members of the division when on active duty shall be subject to the same chain of command within the police departmentPROOFS as are regular officers. Provided further, that members of the division while on active duty shall obey the instructions of regular officers in carrying out their duties. Appointment and removal of members of this division shall be made by the chief of police subject to approval by the town manager. Members of this division are considered at will volunteers and may be removed from their position at any time and for reasons deemed appropriate by the police chief with approval of the town manager. (c) The auxiliary police division shall have no commanding officer within its division and all members shall bear the rank of patrolman. The chief of police or his designated representative shall provide for adequate supervision and training of members of the division, and of candidates for membership. (d) The duties of the division, subject at all times to the direction, supervision, and control of the chief of police or his designated representative, shall be to assist the regular members of the police department in the enforcement of law and the maintenance of peace and order. The chief shall, by order, establish rules and regulations to govern the division, to fix the specific duties of its members, and to provide for the maintenance of discipline. Members of the division shall obey the instructions of regular police officers in carrying out their duties. (e) An identification card and other insignia or evidence of identity shall be issued to each member of the division. The card and other identification shall be carried at all times while on duty. Said credentials must be surrendered upon the termination of membership. (f) No member of the division shall, while on duty, carry or use any firearm except that issued to them and approved by the chief. A firearm issued to a member of the auxiliary division is restricted for purposes of qualification, carrying and use only while on active duty. (g) No member of the division shall enforce, nor attempt to enforce, any law except when on active duty, and under the direction or control of a full time officer by means of personal contact or other communications media. (h) While undergoing official training and while performing duties on behalf of the town pursuant to orders or instructions of the chief of police, members of the division shall be entitled to benefits under the North Carolina Workers' Compensation Act in accordance with G.S. 160A-282 and to any fringe benefits for which such volunteer personnel qualify. (Code 2003, § 2-480; Ord. No. 11-12, § 1(exh. A), 11-17-2011; Ord. No. 13-16, 7-18-2013) Secs. 2-435--2-451. Reserved.
ARTICLE VIII. PARKS AND RECREATION BOARD Sec. 2-452. Created. The parks and recreation board is hereby created to advise and assist the town council in the development of parks and recreation plans and recreational activities. (Code 2003, § 2-500; Ord. No. 11-12, § 1(exh. A), 11-17-2011; Ord. No. 16-15, § 1, 12-15-2016) Sec. 2-453. Duties. The following duties are to be performed by the Parks and recreation board: (1) To determine when park improvements are necessary and to recommend specific park improvements; (2) To review and make recommendations to town council on parks and recreation grant applications; (3) To hold public meetings on all matters relating to parks and recreation; (4) To review and recommend to the town council a comprehensive parks and recreation plan for the town; (5) To review and recommend a yearly parks and recreation budget for the submission to the town budget officer; (6) To commission recreation and park studies; (7) To support and coordinate with staff in implementing any parks and recreation directives or plans approved by the town council. (Code 2003, § 2-501; Ord.PROOFS No. 11-12, § 1(exh. A), 11-17-2011; Ord. No. 16-15, § 1, 12-15-2016) Sec. 2-454. Membership, term, and vacancies. (a) The parks and recreation board membership shall consist of seven regular members. Each member shall be a citizen of the town. The term of each member shall be three years or until a successor is appointed. No member shall serve more than two consecutive terms. Any person appointed to fill an unexpired term shall be deemed to have served one of the two consecutive terms that such member may serve if the unexpired term is for two years or more. No later than 90 days preceding the expiration of a member's term, members who have only served one term may apply in writing to the town council to be reappointed for a second term. At the expiration of one year from a former parks and recreation board member's second term, such member shall be eligible for reappointment to the parks and recreation board. (b) The terms of the members of the parks and recreation board shall expire on June 30 or until a successor is appointed. New parks and recreation board members shall take office at the first regularly scheduled parks and recreation board meeting after June 30. (c) The effective date of this amendment is December 15, 2016. The terms of those members of the parks and recreation board who are serving on the effective date of this amendment shall continue until June 30 of the year in which their current term expires. Upon expiration of their current term, members will be eligible for reappointment to one additional consecutive term. (d) All vacancies shall be filled by town council. All appointments are at will. Appointment to an unexpired term does not extend the period of the term to which a board member is appointed. (e) A member of the board may be removed for any of the following reasons: (1) Absence from three consecutive meetings. (2) Absence from a total of four meetings anytime throughout a 12-month period. (3) Upon receipt, by town council, of a letter of resignation from the member. (4) At the discretion of town council. (f) One town councilmember shall serve on the committee as a council liaison without voting rights. One student representative and one student alternate shall be appointed by the town council and serve on the board without voting rights. Upon written parental approval, the student representative and student alternate shall be appointed for terms of two years. The terms of student representatives shall expire on June 30 or until a successor is appointed. New student representatives shall take office at the first regularly scheduled parks and recreation board meeting after June 30. (Code 2003, § 2-502; Ord. No. 11-12, § 1(exh. A), 11-17-2011; Ord. No. 11-15, 12-15-2011; Ord. No. 16-15, § 1, 12-15-2016) Sec. 2-455. Officers. (a) Chairperson. The chairperson shall be elected by the members of the board at the first scheduled meeting and each July meeting in consecutive years. The chairperson is eligible for re-election, shall preside at each meeting, and shall decide on all points of order and procedure. The chairperson shall vote on all matters before the board. The chairperson will work with staff to establish an agenda for each meeting. Upon resignation or some incapacity visited upon the chairperson, the board shall elect a new chairperson within 90 days to complete the existing term of office. In addition, the chairperson shall provide an annual report by June 30 of each year to the town council in reference to the activities of the board for the previous year. (b) Vice-chairperson. A vice-chairperson shall be elected by the board from its members in the same manner as the chairperson and shall be eligible for re-election. The vice-chairperson shall serve as acting chairperson in the absence of the chairperson, and at such times the vice-chairperson shall hold all powers and duties of the chairperson. (c) Student representative. The student representative is to attend parks and recreation board meetings. The student representative will be asked to give reports concerning activities and issues affecting young people, report on how they have shared meeting information, provide input on board issues as needed, ask questions, serve on subcommittees of interest to the student, and represent the board in a number of capacities and at community events. (Code 2003, § 2-503; Ord. PROOFSNo. 11-12, § 1(exh. A), 11-17-2011; Ord. No. 11-15, 12-15-2011; Ord. No. 16-15, § 1, 12-15-2016) Sec. 2-456. Voting. Members who are absent from a meeting are considered absent and no vote of any kind is recorded for that absent member. If a member is absent at the beginning of a meeting but comes to the meeting before it adjourns, the clerk shall mark the member absent until such time as the member arrives, at which point the member will be marked present. Every board member physically present in the board chamber must vote unless excused by the remaining members of the board. A member who is physically present in the board chamber and wishes to be excused from voting shall so inform the chair, who shall take a vote of the remaining members. No member who is physically present in the board chamber shall be excused from voting except in cases involving conflicts of interest, as defined by the board or by law, or the member's official conduct, as defined by the board. In all other cases, a failure to vote by a member who is physically present in the board chamber, or who has withdrawn without being excused by a majority vote of the remaining members present, shall be recorded as an affirmative vote. (Code 2003, § 2-504; Ord. No. 11-12, § 1(exh. A), 11-17-2011; Ord. No. 16-15, § 1, 12-15-2016) Sec. 2-457. Meetings. (a) Regular meetings of the board shall be held on the last Wednesday of each month at 6:00 p.m. in the council chambers of town hall. (b) Special meetings of the board shall be held at a time and place designated by the chairperson subject to compliance with all requirements of the North Carolina Open Meetings Laws. (c) When there is no business for the board, monthly meetings may be canceled. Notice will be given to all members of such cancellation. (d) A quorum consists of a majority of the board membership. (Code 2003, § 2-505; Ord. No. 11-12, § 1(exh. A), 11-17-2011; Ord. No. 16-15, § 1, 12-15-2016) Sec. 2-458. Miscellaneous matters. (a) The board shall comply with the applicable bylaws adopted by the town council. (b) All records of the parks and recreation board shall be made available to the public in accordance with North Carolina General Statutes. (Code 2003, § 2-506; Ord. No. 11-12, § 1(exh. A), 11-17-2011; Ord. No. 16-15 § 1, 12-15-2016) Sec. 2-459. Compensation. The town council is authorized to compensate the members of the parks and recreation board for their services subject to the following terms and conditions: (1) The compensation to be paid to members of the parks and recreation board shall be established in the annual budget adopted by the town council. (2) Members of the parks and recreation board shall be compensated on a per meeting basis and such compensation shall only be paid if a member of the parks and recreation board attends the entire parks and recreation board meeting for which compensation is authorized. (3) Members of the parks and recreation board may choose not to receive compensation for their service. In such event, the member shall submit written notice to the town clerk of his or her intention not to be compensated for such service. This notice shall be on forms approved by the town manager and must be submitted to the town clerk no later than July 31 of each fiscal year 30 days following their appointment. (Code 2003, § 2-507; Ord. No. 15-10, § 1, 7-16-2015; Ord. No. 16-15, § 1, 12-15-2016; altered in 2018 recodification)
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Chapters 3--5 RESERVED
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Chapter 6 4 ALCOHOLIC BEVERAGES* *Editor's note—Ord. No. 09-21, § 1(Exh. A), adopted Oct. 15, 2009, repealed ch. 4 in its entirety and enacted a new ch. 4 as set out herein. The former ch. 4 pertained to similar subject matter and derived from Ord. No. 93-1, §§ 3-2, 3-3, adopted Feb. 20, 1993; 95-07, §§ 3-1, 3-1(A)—(D), adopted Oct. 19, 1995) *State law reference—Regulation of alcoholic beverages, G.S. 18B-100 et seq. Sec. 6-1. Consumption, possession.11 (a) Definitions. The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning: Malt beverage means beer, lager, malt liquor, ale, porter, and any other brewed or fermented beverage as defined in G.S. 18B-101(9). Open container means a container the seal of which has been broken or a container other than the manufacturer's unopened original container as defined in G.S. 18B-300(c). Public street means any highway, road, street, avenue, boulevard, alley, bridge or other way within or under the control of the town and open to public use, including the sidewalks of any such street. Unfortified wine means wine as defined in G.S. 18B-101(15). (b) Consumption on public streets prohibited and on municipal property prohibited. It shall be unlawful for any person who is not an occupant of a motor vehicle to consume malt beverages or unfortified wine on the public streets. Furthermore, except as otherwise specifically permitted by the town council, it shall be unlawful for any person to consume malt beverages or unfortified wine on any property, whether located inside or outside the corporate limits, owned, occupied or controlled by the town, including public buildings and the grounds appurtenant to such buildings, municipal parking lots, public parks, playgrounds, recreational areas, tennis courts, and other athletic fields. (c) Possession of open containers on public streets and on municipal property prohibited. It shall be unlawful for any person who is not an occupant of a motor vehicle to possess any open container of malt beverage or unfortified wine on the public streets. Furthermore, except as otherwise specifically permitted by the town council, it shall be unlawful for any person to possess any open container of malt beverage or unfortified wine on any property, whether located inside or outside the corporate limits, owned, occupied or controlled by the town, including public buildings and the ground appurtenant to such buildings, municipal parking lots, public parks, playgrounds, recreational areas, tennis courts, and other athletic fields. (d) Possession during special event prohibited. It shall be unlawful for any person to possess malt beverages or unfortified wine on public streets, public alleys or public parking lots which are temporarily closed to regular traffic for special events, unless the town council adopts a resolution making other provisions for the possession of malt beverages or unfortified wine at the special event. (e) ConsumptionPROOFS of malt beverages and unfortified wine on town property permitted. (1) It shall be lawful for persons to consume malt beverages and unfortified wine and to possess open containers of malt beverages and unfortified wine in the Leland Cultural Arts Center and on the grounds immediately adjacent thereto subject to the restrictions set forth in this section. a. Any event to be conducted at the Cultural Arts Center at which malt beverages and unfortified wine
11 Legal Analysis: Code 2003, § 4-1. Consumption, possession. Deleted (f) to use the general penalty provisions of Code § 1-14. OK per 6/5/17 conference. is to be served shall be approved in advance and in writing by the town manager, or his designee. b. The entity or persons responsible for the event at which malt beverages and unfortified wine may be served shall be responsible for complying with all applicable ABC laws, rules and regulations and any rules and regulations adopted by the town applicable to such events. c. In the event the entity or persons authorized to conduct such event violate the provisions of applicable ABC laws, rules and regulations or rules and regulations of the town, the town manager, the chief of police or their designees shall have the authority to immediately close such event. (2) Malt beverages and unfortified wine may be consumed in open containers in the town hall and police headquarters for town-sponsored events. __ Penalty. Violation of this section shall constitute a misdemeanor punishable by a $500.00 fine in accordance with G.S. 14-4. (Code 2003, § 4-1; Ord. No. 09-21, § 1(exh. A), 10-15-2009; Ord. No. 13-25, §§ 1—4, 12-19-2013; altered in 2018 recodification) Sec. 6-2. General regulations regarding bars and taverns.12 (a) A bar or tavern licensed by the state alcoholic beverage control board means any place primarily engaged in the sale of malt beverages as provided in G.S. 18B-101 et seq. (b) All bars and taverns shall provide bathroom facilities. (c) All bars and taverns shall have a person managing the business on the premises during the hours of operation at all times. The name of such person shall be conspicuously displayed at the entrance of the business premises. (d) All bars and taverns shall provide off-street parking spaces as required by this Code. __ Whenever the town council has reasonable cause to believe that any person is violating or threatening to violate any section of this Code, the town may, either before or after the institution of any other action or proceeding authorized by this Code, institute a civil action in the name of the town for injunctive relief to restrain the violation or threatened violation. The action shall be brought in the appropriate division of the general court of justice in the county. The institution of an action for injunctive relief under this subsection shall not relieve any party to such proceeding from any civil or criminal penalty prescribed for violations to this Code. (Code 2003, § 4-2; Ord. No. 09-21, § 1(exh. A), 10-15-2009; altered in 2018 recodification) State law reference—Noise regulation, G.S. 160A-184. Sec. 6-3. Hours of certain alcohol sales. In accordance with the provisions of G.S. 160A-205.3, the sale of malt beverages, unfortified wine, fortified wine, and mixed beverages is permitted beginning at 10:00 a.m. on Sunday pursuant to a licensed premises permit issued under the provisions of G.S. 18B-1001. (Ord. No. O17-011, § 1, 7-20-2017)
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12 Legal Analysis: Code 2003, § 4-2. General regulations regarding bars and taverns. Deleted (e) as covered by revisions to Code § 1-14. OK per 6/5/17 conference.
Chapters 7--9 RESERVED
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Chapter 10 6 ANIMALS* *Editor's note—Ord. No. 09-25, § 1(exh. A), adopted Nov. 19, 2009, repealed ch. 6 in its entirety and enacted a new ch. 6 as set out herein. The former ch. 6 pertained to similar subject matter and derived from Ord. of 7-5-1990, §§ 4-1—4-3; Ord. No. 97-10, § 1, adopted June 19, 1997; Ord. No. 98-29, § 1, adopted Nov. 19, 1998; Ord. No. 00-04, § 1, adopted June 15, 2000; Ord. No. 02-07, § 1, adopted Mar. 8, 2002; Ord. No. 09-13, § 1, adopted June 18, 2009. *State law reference—General ordinance-making power, G.S. 160A-174.
ARTICLE I. IN GENERAL Sec. 10-1. Protection of birds; town declared bird sanctuary. The territory embraced within the corporate limits of the town is declared to be a bird sanctuary. (Code 2003, § 6-1; Ord. No. 09-25, § 1(exh. A), 11-19-2009) Sec. 10-2. Killing or injuring birds.13 It shall be unlawful for any person to hunt, kill, maim, injure or trap any birds in the town or to destroy, rob or molest the eggs or nests and breeding places of any birds within the town. This section shall not be construed to protect any bird classified as predatory by the wildlife resources commission or by state law or to protect pigeons, crows, starlings or English sparrows. This section excludes from protection any birds classed as a pest under Article 22A of Chapter 113 of the General Statutes and the Structural Pest Control Act of North Carolina of 1955 or the North Carolina Pesticide law of 1971. (Code 2003, § 6-2; Ord. No. 09-25, § 1(exh. A), 11-19-2009) State law reference—Authority to create bird sanctuaries, G.S. 160A-188. Sec. 10-3. Destruction of animals with incurable ailment. Any domestic or wild animal found on the streets of the town or in any public place or in any yard or property within the town suffering from some disease, injury or other ailment, the owner of which is unknown, or any animal abandoned by its owner, and a veterinarian consulted by the town is of the opinion that the disease, injury or ailment is incurable, and such animal is suffering from its effects, shall be destroyed and the remains removed. (Code 2003, § 6-3; Ord. No. 09-25, § 1(exh. A), 11-19-2009) Sec. 10-4. Restrictions on pet waste.14 (a) It shall be unlawful for the owner or custodian of any pet to take it off the owner's own property limits without the means to properly remove and dispose of the pet's feces from any public or private property. (b) It is the responsibility of a pet's owner or custodian to clean up the pet's feces from any public or private property outside of the pet's owner's own property limits. Such property includes, but is not limited to, parks, rights- of-way, paths, and publicPROOFS access areas. (c) The term "means to properly remove and dispose of feces" shall consist of having on or near one's person a device such as a plastic bag, or other suitable plastic or paper container, that can be used to clean up and contain
13 Legal Analysis: Code 2003, § 6-2. Killing or injuring birds. Revised to conform to G.S. § 160A-188. OK per 6/5/17 conference. 14 Legal Analysis: Code 2003, § 6-4. Restrictions on pet waste. Deleted (f) to use the revised general penalty Code § 1-14. OK per 6/5/17 conference. pet waste until it can be disposed of in an appropriate container. Such a device must be produced and shown, upon request, to anyone authorized to enforce this chapter. these ordinances. (d) This provision shall not apply to handicapped persons assisted by trained guide or assistance dogs. (e) The term "public nuisance" is defined to include "a pet which deposits feces on public property or on private property without the consent of the owner or person in lawful possession of the private property, and the person owning, possessing, harboring or having the care, charge, control or custody of the pet fails to remove the feces so deposited. Provided, however, this definition shall not apply to any dog assisting a handicapped person. (f) A violation of this section shall subject the offender to the remedies described in subsection 6-31(b) of the Town Code. (Code 2003, § 6-4; Ord. No. 10-03, § 1, 1-21-2010; altered in 2018 recodification) Secs. 10-5--10-26. Reserved.
ARTICLE II. DOGS AND OTHER DANGEROUS ANIMALS* *State law reference—Dogs, G.S. 67-1 et seq. Sec. 10-27. Running at large prohibited.15 (a) It shall be unlawful for a person owning or having the custody of any dog to willfully permit or allow such dog to run at large in the town, except when accompanied or controlled by the owner or custodian. It shall be unlawful for a dog to be on the premises of a person other than the owner or custodian of such dog unless the owner of the premises has agreed to let the dog upon his premises. Any dog found running at large with or without the consent or knowledge of his owner or custodian may be impounded. (b) Any person violating the provisions of this section for the first time shall be given a written warning. A second violation of this section shall subject the offender to a civil penalty in the amount of $50.00. Third and subsequent violations of this section shall subject the offender to a civil penalty in the amount of $100.00. Such penalties shall be recovered by the town in a civil action in the nature of debt if the offender does not pay the penalty within 72 hours after having been cited for violation of this section. (Code 2003, § 6-31; Ord. No. 09-25, § 1(exh. A), 11-19-2009) Sec. 10-28. Person responsible for designating a potential dangerous dog. The chief of police is hereby designated as the person responsible for determining when a dog is a "potentially dangerous dog" or a "dangerous dog" as defined in G.S. 67-4.1 and section 10-30. 6-34 of this Code. The chief of police shall notify the owner of a dog determined to be a "dangerous dog" in the same manner as notification of a determination of a "potentially dangerous dog" as is set forth in G.S. 67-4.1(c). (Code 2003, § 6-32; Ord. No. 13-22, § 1, 9-19-2013) Sec. 10-29. Board responsible for appeals from a decision regarding a potentially dangerous dog. A board consisting of the town manager and two members of the town council appointed by the town council is hereby designated as the board responsible for hearing appeals from a decision of the chief of police determining that a dog is a "potentially dangerous dog" or a "dangerous dog" in accordance with G.S. 67-4.1 and section 10-30. 6-34 of this Code. (Code 2003, § 6-33; Ord. No.PROOFS 13-22, § 2, 9-19-2013) Sec. 10-30. Possession or harboring of dangerous animals. It shall be unlawful to harbor or possess a dog within the town limits that has been determined to be a dangerous dog under the provisions of this Code or G.S. 67-4.1. A finding by the chief of police that a dog is a dangerous dog in accordance with section 10-28 6-32 of this Code may be appealed to that board established under section 10-29
15 Legal Analysis: Code 2003, § 6-31. Running at large prohibited. Deleted (b) to use the revised general penalty Code § 1-14. Keep per 6/5/17 conference. 6-33 of this Code in the same manner as an appeal of a determination that a dog is a potentially dangerous dog as set forth in G.S. 67-4.1(c). (Code 2003, § 6-34; Ord. No. 13-22, § 3, 9-19-2013) Secs. 10-31--10-48. Reserved.
ARTICLE III. LIVESTOCK* *State law reference—Regulation of domestic animals, G.S. 160A-186. Sec. 10-49. Domestic fowl and livestock running at large prohibited. It shall be unlawful for the owner or keeper of any chicken or tame or domestic fowl or livestock to permit such animal to be or run at large within the town. For the purposes of this section, livestock shall include horses, mules, cows, pigs, hogs, goats, sheep and all other animals that typically are kept primarily for productive or useful purposes rather than as pets. (Code 2003, § 6-61; Ord. No. 09-25, § 1(exh. A), 11-19-2009)
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Chapters 11--13 RESERVED
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Chapter 14 8 BUILDINGS AND BUILDING REGULATIONS* *State law reference—North Carolina State Building Code, G.S. 143-138 et seq.
ARTICLE I. IN GENERAL Sec. 14-1. Definitions. The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Address number means street number, house number, building number or other similar designation. Building means any structure built for support, shelter or enclosure for any occupancy or storage. A building may have single or multiple occupancies. For the purpose of this chapter, this definition shall apply to manufactured homes, modular homes, and RV/camping trailers located at one location for 30 days or longer. Land use means a piece of property where there is no building, but is used for a specific purpose, such as but not limited to: (1) Golf course. (2) Junkyard. (3) Wood sales. (4) Used car lot. Unit means a self-contained area of occupancy within a building. A unit may be residentially, commercially or industrially used and may consist of either an owned or leased area. (Code 2003, § 8-1; Ord. of 10-3-1991, § I) Sec. 14-2. Posting of house numbers. Every dwelling or building within the corporate limits of the town shall be identified by the posting of house numbers. (Code 2003, § 8-2; Ord. of 10-3-1989, § II) Sec. 14-3. Identification and enforcement.16 (a) Identification and display required. The owner of each lot or parcel of land upon which a building or unit is located shall permanently affix and display on each building and/or unit the address number which has been assigned by the town clerk, in the manner specified in this section. (b) Specifications. The following specifications shall apply: (1) Design. The assigned address number shall be displayed on all buildings or units by numerals no less than as requiredPROOFS by the state fire code three inches in height. If posted over ten feet high from ground level, the numerals shall be no less than four inches in height. Written, printed or scripted words shall not be used as the required display.
16 Legal Analysis: Code 2003, § 8-3. Identification and enforcement. In subsection (g) – delete (1) and use revised general penalty § 1-14? Keep per 6/5/17 conference. In (g) (2), are penalties still earmarked for the street sign fund? If obsolete, delete. Deleted per 6/5/17 conference. (2) Color. The color of the numerals shall be in sharp contrast to their background, so as to be plainly visible and legible from the centerline of the street during daylight hours. (3) Location of number display. The assigned address number shall be displayed on the front of the building or unit. The front of the building or unit for the purpose of this section shall be that side facing the street for which a number has been assigned to that building or unit. Where a building or unit is set back more than 60 feet from the edge of the improved portion of the street, the assigned address number shall additionally be displayed on a freestanding sign or mailbox. Such additional displays shall comply with all specifications enumerated in this section, where applicable, and shall be located on one of the following: a. A freestanding sign set back no more than 25 feet from the edge of the improved portion of the street; or b. A mailbox located according to U.S. Postal Service regulations at the edge of the street. The number display shall appear on both sides of the mailbox unless the mailbox is one of a group serving multiple buildings or units, in which case the number display shall appear as noted in subsection (b)(1) of this section. (4) Obstruction. The assigned address number shall be displayed so that its view from the street is not wholly or significantly obstructed by trees, shrubbery, porches, building architecture or other physical impediments. (c) Display of unassigned numbers. The display of any address number other than that assigned by the town clerk is expressly prohibited. (d) Maintenance. It shall be the responsibility of the building or unit owner, or the lessee, where applicable, to maintain at all times the number display as required by and in accordance with the provisions of this section. (e) Mobile home parks. Each mobile home park owner or operator shall provide a sign giving the name of the mobile home park. The letters shall be six inches or more in height. On the sign, the assigned street address shall be shown. On each mobile home within the mobile home park, the lot number shall be posted on the mobile home in letters three inches high in contrasting colors. The number shall be placed to the right side of the entrance door if the door is facing the street. If not, the number shall be posted on the side facing the street. (f) Noncompliance; enforcement. (1) Noncompliance deemed a violation. The owner (or owners jointly or severally) of each lot or parcel of land, building or unit failing to properly display an assigned address number as prescribed under the provisions of this section shall be deemed to be in violation of this section. (2) Determination and notice. Upon the determination of any such violation by the zoning administrator or his designee, the administrator or his designee shall issue a notice of violation to the owner and/or occupant of the lot or parcel of land, which notice shall provide a 30-day period from the date of issuance in which to correct such violation. (3) Warning. Upon failure to comply with the provisions of this section within the 30-day notice period, the police department shall by certified mail, return receipt requested, or by hand delivery to the property owner or occupant, issue a written warning violation of this section. (4) Continuing violation. Each day of violation beyond the 30-day warning period shall be deemed a separate violation. PROOFS (g) Penalties. (1) Any person violating any provision of this section shall be subject to a civil penalty in the amount of $25.00 per violation. __ Funds from such penalties shall be deposited into the town street sign account. (Code 2003, § 8-3; Ord. of 10-3-1989, § III; altered in 2018 recodification) Secs. 14-4--14-24. Reserved.
ARTICLE II. BUILDING CODES* *State law reference—North Carolina State Building Code, G.S. 143-138 et seq. Sec. 14-25. Adoption of the North Carolina state building code; area of jurisdiction. The North Carolina state building code, including all amendments, as published by the state North Carolina building code council and the state North Carolina department of insurance, are adopted by reference as the building code for the town when such code is filed in the office of the town clerk. It shall be unlawful for any person to fail, neglect or refuse to comply with the provisions of such code. (Code 2003, § 8-31; Ord. of 10-19-1989, § 5-91) Sec. 14-26. Drainage of water from buildings.17 All gutters, pipes or leaders used for conducting rainwater from buildings in the town or which may be constructed and used for such purposes shall be so constructed that no runoff shall be allowed to flow upon the adjoining property owner; and such flow of water shall be carried or directed to flow to a proper drainage area or into an appropriate storm drainpipe, whichever is most appropriate or efficient. (Code 2003, § 8-32; Ord. of 10-19-1989, § 5-92) Sec. 8-33. Adoption of North Carolina Uniform Residential Building Code; area of jurisdiction.18 The North Carolina Uniform Residential Building Code, including all subsequent amendments, prepared by the North Carolina Building Inspectors' Association and the North Carolina State Building Code Council, is adopted by reference as the residential building code for the town when such code is filed in the office of the town clerk. It shall be unlawful for any person to fail, neglect or refuse to comply with the provisions of such code. (Code 2003, § 8-33; Ord. of 10-19-1989, § 5-93) Sec. 14-27. Supplemental district regulations; Coastal Area Management Act. Each application for a building permit shall include information as to the location of applicable areas of environmental concern. Prior to the issuance of a building permit, the zoning administrator or his designee local Coastal Area Management Act officer or designee shall certify that the proposed structure or facility is in accordance with 15A NCAC 7H "State Guidelines for Areas of Environmental Concern." (Code 2003, § 8-34; Ord. of 10-19-1989, § 5-94) Secs. 14-28--14-57. Reserved.
ARTICLE III. MINIMUM HOUSING CODE* *Editor's note— Ord. No. 07-07, § 1, adopted Feb. 15, 2007, repealed the former Art. III, §§ 8-61—8-66, 8-91—8-102, and enacted a new Art. III as set out herein. The former Art. III pertained to similar subject matter and derived from Ord. No. 94- 3, art. I, §§ 1—6, art. II, §§ 1—12, adopted April 21, 1994. *State law reference—Minimum housing code, G.S. 160A-441 et seq. Sec. 14-58. Finding; purpose. (a) Pursuant to G.S. 160A-441, it is hereby found and declared that there exists in the town dwellings which are unfit for human habitationPROOFS due to dilapidation, defects increasing the hazards of fire, accidents and other
17 Legal Analysis: Code 2003, § 8-32. Drainage of water from buildings. Is this covered by the stormwater provisions now? If so, delete. Keep per 6/5/17 conference. 18 Legal Analysis: Code 2003, § 8-33. Adoption of North Carolina Uniform Residential Building Code; area of jurisdiction. Deleted. State Building Code Council prepares and adopts the technical codes comprising the NC State Building Codes. OK per 6/5/17 conference. calamities, lack of ventilation, light and sanitary facilities, and other conditions rendering such dwellings unsafe or unsanitary, dangerous and detrimental to the health and otherwise inimical to the welfare of the residents of the town. (b) In order to protect the health, safety and welfare of the residents of the town as authorized by Part 6 of Article 19, Chapter 160A of the General Statutes of North Carolina (G.S. 160A-441 et seq.), it is the purpose of this article to establish minimum standards of fitness for the initial and continued occupancy of all buildings used for human habitation, as expressly authorized by G.S. 160A-444. (Code 2003, § 8-61; Ord. No. 07-07, § 1, 2-15-2007) Sec. 14-59. Definitions. 19 The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: The following definitions shall apply in the interpretation and administration of this article: Basement means a portion of a building which is located partly underground, having direct access to light and air from windows located above the level of the adjoining ground. Cellar means a portion of a building located partly or wholly underground having an inadequate access to light and air from windows located partly or wholly below the level of the adjoining ground. Deteriorated means that a dwelling is unfit for human habitation and can be repaired, altered, or improved to comply with all of the minimum standards established by this article, at a cost not in excess of 50 percent of its value, as determined by finding of the inspector. Dilapidated means that a dwelling is unfit for human habitation and cannot be repaired, altered or improved to comply with all of the minimum standards established by this article at a cost not in excess of 50 percent of its value, as determined by finding of the inspector. Dwelling means any building, structure, manufactured home or mobile home, or part thereof, used and occupied for human habitation or intended to be so used, and includes any outhouses and appurtenances belonging thereto or usually enjoyed therewith, except that it does not include any manufactured home or mobile home which is used solely for a seasonal vacation purpose. Temporary family health care structures, as defined in G.S. 160A– 383.5, shall be considered dwellings for purposes of this article, provided that any ordinance provision requiring minimum square footage shall not apply to such structures. Dwelling unit means any room or group of rooms located within a dwelling and forming a single habitable unit with facilities which are used or intended to be used for living, sleeping, cooking and eating. Extermination means the control and elimination of insects, rodents or other pests by eliminating their harborage places; by removing or making inaccessible materials that may serve as their food; by poisoning, spraying, fumigating, trapping; or by any other recognized and legal pest elimination methods approved by the inspector. Garbage means the animal and vegetable waste resulting from the handling, preparation, cooking and consumption of food. Governing body means the council, board of commissioners, or other legislative body charged with governing a city or county. Habitable room meansPROOFS a room or enclosed floor space used or intended to be used for living, sleeping, cooking or eating purposes, excluding bathrooms, water closet compartments, laundries, heater rooms, foyers, or communicating corridors, closets and storage spaces. Infestation means the presence, within or around a dwelling, of any insects, rodents or other pests in such number as to constitute a menace to the health, safety or welfare of the occupants or the public.
19 Legal Analysis: Code 2003, § 8-62. Definitions. Revised definition of dwelling to conform to GS § 160A-442 as amended in 2014. OK per 6/5/17 conference. Inspector means an inspector of the town of Leland. An inspector shall be considered a "public officer" as defined hereinafter. Manufactured home or mobile home means a structure as defined in G.S. 143-145(7). Meaning of certain words. Whenever the words "dwelling," "dwelling unit," "rooming house," "rooming unit" or "premises" are used in this article, they shall be construed as though they were followed by the words "or any part thereof." Multiple dwelling means any dwelling containing more than two dwelling units. Occupant means any person over one year of age, living, sleeping, cooking or eating in, or having actual possession of a dwelling unit or rooming unit. Operator means any person who has charge, care or control of a building, or part thereof, in which dwelling units or rooming units are let. Owner means any person who alone or jointly or severally with others: (1) Shall have fee simple title to any dwelling or dwelling unit, and every mortgagee and owner and holder of a deed of trust and the trustee therein of record; with or without accompanying actual possession of said dwelling or dwelling unit; or (2) Shall have charge, care or control of any dwelling or dwelling unit, as owner or agent of the owner, or as executor, executrix, administrator, administratrix, trustee or guardian of the estate of the owner. Any such person thus representing the actual owner shall be bound to comply with the provisions of this article, and of rules and regulations adopted pursuant thereto, to the same extent as if he were the owner. Parties in interest means all individuals, associations and corporations who have interests of record in a dwelling and any who are in possession thereof. Plumbing means and include all of the following supplied facilities and equipment: gas pipes, gas burning equipment, water pipes, mechanical garbage disposal units (mechanical sink grinder), waste pipes, water closets, sinks, installed dishwashers, lavatories, bathtubs, shower baths, installed clothes washing machines, catch basin, drains, vents and any other similar supplied fixtures, together with all connections to water, sewer or gas lines. Public authority means any housing authority or any officer who is in charge of any department or branch of the government of the city, county, or state relating to health, fire, building regulations, or other activities concerning dwellings in the town. Public officer means the officer or officers who are authorized by ordinances adopted hereunder to exercise the powers prescribed by the ordinances and by this article. Rooming house means any dwelling, or that part of any dwelling containing one or more rooming units, in which space is let by the owner or operator to three or more persons who are not husband and wife, son or daughter, mother or father or sister or brother of the owner or operator. Rooming unit means any room or group of rooms forming a single habitable unit used or intended to be used for living and sleeping, but not for cooking or eating purposes. Rubbish means combustible and noncombustible waste materials, except garbage and ashes, and the term shall include, but not be limited to, paper, rags, cartons, boxes, wood, excelsior, rubber, leather, tree branches, yard trimmings, tin cans, metals, mineral matter, glass crockery, and dust. Supplied means paidPROOFS for, furnished, or provided by, or under the control of, the owner or operator. Temporary housing means any tent, trailer or other structure used for human shelter which is designed to be transportable and which is not attached to the ground, to another structure, or to any utilities system on the same premises for more than 30 consecutive days. Unfit for human habitation means that conditions exist in a dwelling which violate or do not comply with one or more of the minimum standards of fitness or one or more of the requirements established by this article. (Code 2003, § 8-62; Ord. No. 07-07, § 1, 2-15-2007; altered in 2018 recodification) Sec. 14-60. Minimum standards of fitness for dwellings and dwelling units. Every dwelling and dwelling unit used as a human habitation, or held out for use as a human habitation, shall comply with all of the minimum standards of fitness for human habitation and all of the requirements of sections 14-61—14-68. 8-64, 8-65, 8-66, 8-67, 8-68, 8-69, 8-70 and 8-71 of this article. No person shall occupy as owner- occupant, or let to another for occupancy or use as a human habitation, any dwelling or dwelling unit which does not comply with all of the minimum standards of fitness for human habitation and all of the requirements of sections 14-61—14-68. 8-64, 8-65, 8-66, 8-67, 8-68, 8-69, 8-70 and 8-71 of this article. (Code 2003, § 8-63; Ord. No. 07-07, § 1, 2-15-2007) Sec. 14-61. Minimum standards—for Structural condition. (a) Walls or partitions or supporting members, sills, joists, rafters or other structural members shall not excessively list, lean or buckle and shall not be rotted, deteriorated or damaged, and shall not have holes or cracks which might admit rodents. (b) Floors or roofs shall have adequate supporting members and strength to be reasonably safe for the purpose used. (c) Foundations, foundation walls, piers or other foundation supports shall not be deteriorated or damaged so as to dangerously reduce their intended load bearing characteristics. (d) Steps, stairs, landings, porches, or other parts or appurtenances shall be maintained in such condition that they will not fail or collapse. (e) Adequate facilities for egress in case of fire or panic shall be provided. (f) Interior walls and ceilings of all rooms, closets and hallways shall be finished of suitable materials, which will, by use of reasonable household methods, promote sanitation and cleanliness and shall be maintained in such a manner so as to enable the occupants to maintain reasonable privacy between various spaces. (g) The roof, flashings, exterior walls, basement walls, floors, and all doors and windows exposed to the weather shall be constructed and maintained so as to be weather-tight and watertight. (h) There shall be no chimneys or parts thereof which are in danger of falling, or in such condition or location as to constitute a fire hazard. (i) There shall be no use of the ground for floors, or wood floors on the ground. (Code 2003, § 8-64; Ord. No. 07-07, § 1, 2-15-2007) Sec. 14-62. Same—Basic equipment and facilities. (a) Plumbing system. The following standards shall apply to plumbing systems: (1) Each dwelling unit shall be connected to a potable water supply and to the public sewer or other approved sewage disposal system. (2) Each dwelling unit shall contain not less than a kitchen sink, lavatory, tub or shower, water closet, and adequate supply of both cold and hot water. All water shall be supplied through an approved pipe distribution system connected to an approved potable water supply. (3) All plumbing fixtures shall be maintained in a state of good repair and in good working order. (4) All required plumbing fixtures shall be located within the dwelling unit and be accessible to the occupants of same. The PROOFSwater closet and tub or shower shall be located in a room or rooms affording privacy to the user. (b) Heating system. Every dwelling and dwelling unit shall have facilities for providing heat in accordance with either subsection (1) or (2) below: (1) Central and electric heating systems. Every central or electric heating system shall be of sufficient capacity so as to heat all habitable rooms, bathrooms and water closet compartments in every dwelling unit to which it is connected with a minimum temperature of 68 degrees Fahrenheit measured at a point three feet above the floor and two feet from exterior walls during ordinary winter conditions. (2) Other heating facilities. Where a central or electric heating system is not provided, each dwelling and dwelling unit shall be provided with sufficient fireplaces, chimneys, flues or gas vents whereby heating appliances may be connected so as to heat all habitable rooms with a minimum temperature of 68 degrees Fahrenheit measured three feet above the floor and two feet from exterior walls during ordinary winter conditions. (c) Electrical system. The following standards shall apply to electrical systems: (1) Every dwelling and dwelling unit shall be wired for electric lights and convenience receptacles. Every habitable room shall contain at least two floor or wall-type electric convenience receptacles, connected in such manner as determined by the National Electric Code. There shall be installed in every bathroom, water closet room, laundry room and furnace room at least one supplied ceiling, or wall-type electric light fixture. In the event wall or ceiling light fixtures are not provided in any habitable room, then each such habitable room shall contain at least three floor or wall-type electric convenience receptacles. (2) Every public hall and stairway in every multiple dwelling shall be adequately lighted by electric lights at all times when natural daylight is not sufficient. (3) All fixtures, receptacles, equipment and wiring shall be maintained in a state of good repair, safe, capable of being used, without hazard to property or person. (Code 2003, § 8-65; Ord. No. 07-07, § 1, 2-15-2007) Sec. 14-63. Same—Ventilation. (a) General. Every habitable room shall have at least one window or skylight facing directly to the outdoors for adequate ventilation. At least one window in every habitable room shall be of such size and location to allow egress by an average adult in the event of fire or other emergency. (b) Habitable rooms. Every habitable room shall have at least one window or skylight which can easily be opened, or such other device as will adequately ventilate the room. The total openable window area in every habitable room shall be equal to at least 45 percent of the minimum window area size or minimum skylight type window size as required by the state North Carolina residential code or other applicable sections of such code or shall have other approved equivalent ventilation. (c) Bathroom and water closet rooms. Every bathroom and water closet compartment shall comply with the light and ventilation requirements for habitable rooms except that no window or skylight shall be required in adequately ventilated bathrooms and water closet rooms equipped with an approved ventilation system as required by the state North Carolina residential code. (Code 2003, § 8-66; Ord. No. 07-07, § 1, 2-15-2007) Sec. 14-64. Same—Space, use, and location. (a) Room sizes. Every dwelling unit shall contain at least the minimum room size in each habitable room as required by the current version of the North Carolina state building code or the building code in effect at the time of the construction, whichever is least restrictive. Every dwelling unit shall contain at least 150 square feet of habitable floor area for the first occupant, at least 100 square feet of additional habitable area for each of the next three occupants, and at least 75 square feet of additional habitable floor area for each additional occupant. In every dwelling unit and in every rooming unit, every room occupied for sleeping purposes by one occupant shall contain at least 70 square feet of floor area, and every room occupied for sleeping purposes by more than one occupant shall contain at least 50 squarePROOFS feet of floor area for each occupant 12 years of age and over and at least 35 square feet of floor area for each occupant under 12 years of age. (b) Ceiling height. At least one-half of the floor area of every habitable room shall have a ceiling height of not less than seven feet. (c) Floor area calculation. Floor area shall be calculated on the basis of habitable room area. However, closet area and wall area within the dwelling unit may count for not more than ten percent of the required habitable floor area. The floor area of any part of any room where the ceiling height is less than four and one-half feet shall not be considered as part of the floor area computing the total area of the room to determine maximum permissible occupancy. (d) Cellar. No cellar shall be used for living purposes. (e) Basements. No basement shall be used for living purposes unless: (1) The floor and walls are substantially watertight; (2) The total window standards, total openable window area, and ceiling height are equal to those required for habitable rooms; and (3) The required minimum window standards of every habitable room are entirely above the grade adjoining such window area, except where the window or windows face a stairwell, window well, or access way. (Code 2003, § 8-67; Ord. No. 07-07, § 1, 2-15-2007) Sec. 14-65. Same—Safe and sanitary maintenance. (a) Exterior foundation, walls, and roofs. Every foundation wall, exterior wall, and exterior roof shall be substantially weather-tight and rodent-proof; shall be kept in sound condition and good repair; shall be capable of affording privacy; and shall be safe to use and capable of supporting the load which normal use may cause to be placed thereon. Every exterior wall shall be protected with paint or other protective covering to prevent the entrance or penetration of moisture or the weather. (b) Interior floors, walls, and ceilings. Every floor, interior wall, and ceiling shall be substantially rodent- proof; shall be kept in sound condition and good repair; and shall be safe to use and capable of supporting the load which normal use may cause to be placed thereon. (c) Windows and doors. Every window, exterior door, basement or cellar door, and hatchway shall be substantially weather-tight, watertight, and rodent-proof; and shall be kept in sound working condition and good repair. (d) Stairs, porches, and appurtenances. Every outside and inside stair, porch, and any appurtenance thereto shall be safe to use and capable of supporting the load that normal use may cause to be placed thereon; and shall be kept in sound condition and good repair. (e) Bathroom floors, toilet, bath and shower spaces. Bathtub and shower floors and walls above bathtubs with installed shower heads and in shower compartments shall be finished with a non-absorbent surface. Such non- absorbent surfaces must extend at least six feet above the floor. Every bathroom floor surface and water closet compartment floor surface shall be constructed and maintained so as to permit such floor to be easily kept in a clean and sanitary condition. (f) Supplied facilities. Every supplied facility, piece of equipment, or utility which is required under this article shall be so constructed or installed that it will function safely and effectively, and shall be maintained in satisfactory working condition. (g) Drainage. Every yard shall be properly graded so as to obtain thorough drainage and so as to prevent the accumulation of stagnant water. (h) Noxious weeds. Every yard and all exterior property areas shall be kept free of species of weeds or plant growth which are noxious or detrimental to health. (i) Egress. Every dwelling unit shall be provided with adequate means of egress as required by the current version of the North Carolina state residential building code or the building code in effect at the time of construction, whichever is the least restrictive. All interior egress doors and a minimum of one exterior egress door shall be readily openable from thePROOFS side from which egress is to be made without the use of a key or special knowledge or effort. (j) Smoke alarms. Every dwelling and dwelling unit shall have smoke alarms installed and maintained according to the North Carolina state residential building code. (Code 2003, § 8-68; Ord. No. 07-07, § 1, 2-15-2007) Sec. 14-66. Same—Control of insects, rodents and infestations. (a) Rodent control. Every basement or cellar window used or intended to be used for ventilation, and every other opening to a basement which might provide an entry for rodents, shall be supplied with screens installed or such other approved device as will effectively prevent their entrance. (b) Infestation. Every occupant of a dwelling containing a single dwelling unit shall be responsible for the extermination of any insects, rodents, or other pests therein or on the premises; and every occupant of a dwelling unit in a dwelling containing more than one dwelling unit shall be responsible for such extermination whenever his dwelling unit is the only one infested. Whenever infestation is caused by failure of the owner to maintain a dwelling in a rodent-proof or reasonably insect-proof condition, extermination shall be the responsibility of the owner. Whenever infestation exists in two or more of the dwelling units in any dwelling or in the shared or public parts of any dwelling containing two or more dwelling units, extermination shall be the responsibility of the owner. (c) Rubbish storage and disposal. Every dwelling and every dwelling unit shall be supplied with approved containers and covers for storage of rubbish as required by town or county ordinances, and the owner, operator or agent in control of such dwelling or dwelling unit shall be responsible for the removal of rubbish. (d) Garbage storage and disposal. Every dwelling and every dwelling unit shall be supplied with an approved garbage disposal facility, which may be an adequate mechanical garbage disposal unit (mechanical sink grinder) in each dwelling unit or an incinerator unit to be approved by the inspector in the structure for the use of the occupants of each dwelling unit, or an approved outside garbage can as required by town ordinances. (Code 2003, § 8-69; Ord. No. 07-07, § 1, 2-15-2007) Sec. 14-67. Minimum standards applicable to rooming houses; exceptions. All of the provisions of this article, and all of the minimum standards and requirements of this article, shall be applicable to rooming houses, and to every person who operates a rooming house, or who occupies or lets to another for occupancy any rooming unit in any rooming house, except as provided in the following subsections: (1) Water closet, hand lavatory, and bath facilities. At least one water closet, lavatory basin, and bathtub or shower, properly connected to an approved water and sewer system and in good working condition, shall be supplied for each four rooms within a rooming house wherever said facilities are shared. All such facilities shall be located within the residence building served and shall be directly accessible from a common hall or passageway and shall be not more than one story removed from any of the persons sharing such facilities. Every lavatory basin and bathtub or shower shall be supplied with hot and cold water at all times. Such required facilities shall not be located in a cellar or uninhabitable basement. (2) Minimum floor area for sleeping purposes. Every room occupied for sleeping purposes by one occupant shall contain at least 70 square feet of floor area, and every room occupied for sleeping purposes by more than one occupant shall contain at least 50 square feet of floor area for each occupant 12 years of age and over and at least 35 square feet of floor area for each occupant under 12 years of age. (3) Sanitary conditions. The operator of every rooming house shall be responsible for the sanitary maintenance of all walls, floors, and ceilings, and for the sanitary maintenance of every other part of the rooming house; and he shall be further responsible for the sanitary maintenance of the entire premises where the entire structure or building within which the rooming house is contained is leased or occupied by the operator. (4) Sanitary facilities. Every water closet, flush urinal, lavatory basin and bathtub or shower required by subsection (1) of this section shall be located within the rooming house and within a room or rooms which afford privacy and are separate from the habitable rooms, and which are accessible from a common hall and without going outside the rooming house or through any other room therein. (Code 2003, § 8-70; Ord. No.PROOFS 07-07, § 1, 2-15-2007) Sec. 14-68. Responsibilities of owners and occupants. (a) Public areas. Every owner of a dwelling containing two or more dwelling units shall be responsible for maintaining in a clean and sanitary condition the shared or public areas of the dwelling and premises thereof. (b) Cleanliness. Every occupant of a dwelling or dwelling unit shall keep in a clean and sanitary condition that part of the dwelling, dwelling unit, and premises thereof which he occupies and controls. (c) Rubbish and garbage. Every occupant of a dwelling or dwelling unit shall dispose of all his rubbish and garbage in a clean and sanitary manner by placing it in the supplied storage facilities. In all cases the owner shall be responsible for the availability of rubbish and garbage storage facilities. (d) Supplied plumbing fixtures. Every occupant of a dwelling unit shall keep all supplied plumbing fixtures therein in a clean and sanitary condition and shall be responsible for the exercise of reasonable care in the proper use and operation of same. (Code 2003, § 8-71; Ord. No. 07-07, § 1, 2-15-2007) Sec. 14-69. Duties of economic and community development services director. The economic and community development services director or his or her designee is hereby designated as the officer to enforce the provisions of this article and to exercise the duties and powers herein prescribed. It shall be the duty of this officer or his or her designee: (1) To investigate the dwelling conditions, and to inspect dwellings and dwelling units located in the town, in order to determine which dwellings and dwelling units are unfit for human habitation, and for the purpose of carrying out the objectives of this article with respect to such dwellings or dwelling units; (2) To take such action, together with other appropriate departments and agencies, public and private, as may be necessary to effect rehabilitation of housing which is deteriorated; (3) To keep a record of the results of inspections made under this article and an inventory of those dwellings that do not meet the minimum standards of fitness herein prescribed; and (4) To perform such other duties as may be herein prescribed. (Code 2003, § 8-72; Ord. No. 07-07, § 1, 2-15-2007; Ord. No. 09-17, § 1, 9-17-2009) Sec. 8-73. Reserved. Editor's note— Ord. No. 09-17, § 2, adopted Sept. 17, 2009, repealed § 8-73 in its entirety. The former § 8-73 pertained to powers of building inspector and derived from Ord. No. 07-07, § 1, adopted Feb. 15, 2007. Sec. 14-70. Administrative procedure.20 (a) Preliminary investigation; notice; hearing. Whenever a petition is filed with the inspector by a public authority or by at least five residents of the town charging that any dwelling or dwelling unit is unfit for human habitation, or whenever it appears to the inspector, upon inspection, (on his own motion) that any dwelling or dwelling unit is unfit for human habitation, he shall, if his preliminary investigation discloses a basis for such charges, issue and cause to be served upon the owner of and parties in interest in such dwelling or dwelling unit a complaint stating the charges in that respect and containing a notice that a hearing will be held before the inspector (or his designated agent) at a place within the county in which the property is located, not less than ten days nor more than 30 days after the serving of said complaint; and that the owner and any party in interest shall have the right to file an answer to the complaint and to appear in person, or otherwise, and give testimony at the time and place fixed in the complaint. The rules of evidence prevailing in courts of law or equity shall not be controlling in hearings before the inspector. Notice of such hearing shall also be given to at least one of the persons signing a petition relating to such dwelling. (b) Procedure after hearing. After such notice and hearing, the inspector shall state in writing his determination whether such dwelling or dwelling unit is unfit for human habitation, and, if so, whether it is deteriorated or dilapidated. (1) If the inspector determines that the dwelling or dwelling unit is deteriorated, he shall state in writing his findings of factPROOFS in support of such determination, and shall issue and cause to be served upon the owner thereof an order directing and requiring the owner within the time specified in the order to repair, alter or improve the dwelling or dwelling unit to comply with the minimum standards established by this article. within a reasonable specified period of time. Such order may also direct and require the owner to vacate and close such dwelling or dwelling unit until such repairs, alterations, and improvements have been made. The order may require that the property be vacated and closed only if continued occupancy
20 Revised per 10/27/17 email from attorney. during the time allowed for repair will present a significant threat of bodily harm, taking into account: a. The nature of the necessary repairs, alterations, or improvements; b. The current state of the property; and c. Any additional risks due to the presence and capacity of minors under the age of 18 or occupants with physical or mental disabilities. The order shall state that the failure to make timely repairs as directed in the order shall make the dwelling subject to the issuance of an unfit order under subsection (d) of this section. (2) If the inspector determines that the dwelling or dwelling unit is dilapidated, he shall state in writing his findings of fact in support of such determination, and shall issue and cause to be served upon the owner thereof an order requiring the owner, within the time specified in the order, to remove or demolish such dwelling. However, notwithstanding any other provision of law, if the dwelling is located in a historic district of the town and the historic district commission determines, after a public hearing as provided by ordinance, that the dwelling is of particular significance or value toward maintaining the character of the district, and the dwelling has not been condemned as unsafe, the order may require that the dwelling be vacated and closed consistent with G.S. 160A–400.14(a). Upon completion of required improvements, a new certificate of occupancy must be issued prior to the subsequent leasing or sale of the dwelling to a third party. If the inspector determines that the dwelling is dilapidated, he shall state in writing his findings of fact to support such determination, and shall issue and cause to be served upon the owner thereof an order directing and requiring the owner to remove or demolish the same within a reasonable specified period of time. (c) Failure to comply with order. __ If the owner of any deteriorated dwelling or dwelling unit shall fail to comply with an order of the inspector to repair, alter, or improve or vacate and close the same within the time specified therein, or if the owner of a dilapidated dwelling shall fail to comply with an order of the inspector to remove or demolish the same within the time specified therein, the inspector shall submit to town council of the town at its next regular meeting a resolution directing the town attorney to petition the superior court for an order directing such owner to comply with the order of the inspector, as authorized by G.S. 160A- 446(g). __ After failure of an owner of a deteriorated dwelling or dwelling unit, or of a dilapidated dwelling, to comply with an order of the inspector within the time specified therein, if injunctive relief has not been sought or has not been granted as provided in the preceding paragraph (1), the inspector shall submit to the governing body an ordinance ordering the inspector to cause such dwelling or dwelling unit to be repaired, altered, improved, or vacated and closed and removed or demolished, as provided in the original order of the inspector, and pending such removal or demolition, to placard such dwelling as provided by G.S. 160A-443 and section 8-76 of this article. __ If any occupant fails to comply with an order to vacate a dwelling, the inspector may file a civil action in the name of the town to remove such occupant. The procedures to be followed by the inspector in such case shall be as specified in G.S. 160A-443(7). __ If the governing body shall have adopted an ordinance, or the inspector shall have issued an order, ordering a dwellingPROOFS to be repaired or vacated and closed, as provided herein, and if the owner has vacated and closed such dwelling and kept such dwelling vacated and closed for a period of one year pursuant to the ordinance or order, the governing body shall have the authority as set forth in G.S. 160A-443(5a). (1) If the owner fails to comply with an order to repair, alter or improve or to vacate and close the dwelling, the inspector may cause the dwelling to be repaired, altered or improved or to be vacated and closed; and the inspector may cause to be posted on the main entrance of any dwelling so closed, a placard with the following words: “This building is unfit for human habitation; the use or occupation of this building for human habitation is prohibited and unlawful.” Occupation of a building so posted shall constitute a Class 1 misdemeanor. The duties of the inspector set forth in this subsection shall not be exercised until the town council shall have by ordinance ordered the inspector to proceed to effectuate the purpose of this article with respect to the particular property or properties which the inspector shall have found to be unfit for human habitation and which property or properties shall be described in the ordinance. Such ordinance shall be recorded in the office of the register of deeds of the county and shall be indexed in the name of the property owner in the grantor index. (2) If the owner fails to comply with an order to remove or demolish the dwelling, the inspector may cause such dwelling to be removed or demolished. The duties of the inspector set forth in this subsection shall not be exercised until the town council shall have by ordinance ordered the inspector to proceed to effectuate the purpose of this article with respect to the particular property or properties which the inspector shall have found to be unfit for human habitation and which property or properties shall be described in the ordinance. No such ordinance shall be adopted to require demolition of a dwelling until the owner has first been given a reasonable opportunity to bring it into conformity with the housing code. Such ordinance shall be recorded in the office of the register of deeds of the Brunswick county and shall be indexed in the name of the property owner in the grantor index. (d) Failure to repair, alter or improve. If the town council shall have adopted an ordinance as provided in subsection (c) of this section, or the inspector shall have issued an order, ordering a dwelling to be repaired or vacated and closed, as provided in subdivision (c)(1) of this section, and if the dwelling has been vacated and closed for a period of one year pursuant to the ordinance or order, then if the town council shall find that the owner has abandoned the intent and purpose to repair, alter or improve the dwelling in order to render it fit for human habitation and that the continuation of the dwelling in its vacated and closed status would be inimical to the health, safety, morals and welfare of the municipality in that the dwelling would continue to deteriorate, would create a fire and safety hazard, would be a threat to children and vagrants, would attract persons intent on criminal activities, would cause or contribute to blight and the deterioration of property values in the area, and would render unavailable property and a dwelling which might otherwise have been made available to ease the persistent shortage of decent and affordable housing in this state, then in such circumstances, the town council may, after the expiration of such one-year period, enact an ordinance and serve such ordinance on the owner, setting forth the following: (1) If it is determined that the repair of the dwelling to render it fit for human habitation can be made at a cost not exceeding 50 percent of the then current value of the dwelling, the ordinance shall require that the owner either repair or demolish and remove the dwelling within 90 days; or (2) If it is determined that the repair of the dwelling to render it fit for human habitation cannot be made at a cost not exceeding 50 percent of the then current value of the dwelling, the ordinance shall require the owner to demolish and remove the dwelling within 90 days. Such ordinance shall be recorded in the office of the register of deeds of the county and shall be indexed in the name of the property owner in the grantor index. If the owner fails to comply with this article, the inspector shall effectuate the purpose of the ordinance. (e) Appeals from orders of inspector. An appeal from any decision or order of the inspector may be taken by any person aggrieved thereby or by any officer, board or commission of the town. Any appeal from the inspector shall be taken within ten days from the rendering of the decision or service of the order, and shall be taken by filing with the inspector and with the town board of adjustment, hereinafter referred to as "board," a written notice of appeal which shall specify the grounds upon which the appeal is based. Upon the filing of any notice of appeal, the inspector shall forthwith transmit to the board all the paper constituting the record upon which the decision appealed from was made. When appeal is from a decision of the inspector refusing to allow the person aggrieved thereby to do any act, his decision shallPROOFS remain in force until modified or reversed. When any appeal is from a decision of the inspector requiring the person aggrieved to do any act, the appeal shall have the effect of suspending the requirement until the hearing by the board, unless the inspector certifies to the board, after the notice of appeal is filed with him, that by reason of the facts stated in the certificate (a copy of which shall be furnished the appellant), a suspension of his requirement would cause imminent peril to life or property, in which case the requirement shall not be suspended except by a restraining order, which may be granted for due cause shown upon not less than one day’s written notice to the inspector, by the board, or by a court of record upon petition made pursuant to G.S. 160A- 446(f) and subsection (f) of this section. The board shall fix a reasonable time for the hearing of all appeals, shall give due notice to all the parties, and shall render its decision within a reasonable time. Any party may appear in person or by agent or attorney. The board may reverse or affirm, wholly or partly, or modify the decision or order appealed from, and may make any decision and order as in its opinion ought to be made in the matter, and to that end it shall have the powers of the inspector, but the concurring vote of four-fifths of the members of the board shall be necessary to reverse or modify any decision or order of the inspector. The board shall have power also in passing upon appeals, in any case where there are practical difficulties or unnecessary hardships in the way of carrying out the strict letter of this article, to adapt the application of this article to the necessities of the case to the end that the spirit of this article shall be observed, public safety and welfare secured, and substantial justice done. (f) Decision subject to review. Every decision of the board shall be subject to review by proceedings in the nature of certiorari instituted within 15 days of the decision of the board, but not otherwise, as provided in G.S. 160A-446(e). In addition, any person aggrieved by an order issued by the inspector or a decision rendered by the board shall also have the right, within 30 days after issuance of the order or rendering of the decision, to petition the superior court for a temporary injunction restraining the inspector pending a final disposition of the cause, as provided by G.S. 160A-446(f). (Code 2003, § 8-74; Ord. No. 07-07, § 1, 2-15-2007; altered in 2018 recodification) Sec. 14-71. Methods of service of complaints and orders. Complaints or orders issued by the inspector shall be served in accordance with the provisions of G.S. 160A- 445. (Code 2003, § 8-75; Ord. No. 07-07, § 1, 2-15-2007) Sec. 14-72. In rem action by inspector; placarding. After failure of an owner of a dwelling or dwelling unit to comply with an order of the inspector issued pursuant to the provisions of this article, and upon adoption by the town council of the town of an ordinance authorizing and directing him to do so, as provided by G.S. 160A-443(5) and section 14-70(c), 8-74(c) of this article, the inspector shall proceed to cause such dwelling or dwelling unit to be repaired, altered, or improved to comply with the minimum standards of fitness established by this article, or to be vacated and closed and removed or demolished, as directed by the ordinance of the town council and shall cause to be posted on the main entrance of such dwelling or dwelling unit a placard with the following words: "This building is unfit for human habitation; the use or occupation of this building for human habitation is prohibited and unlawful." Occupation of a building so posted shall constitute a misdemeanor. (Code 2003, § 8-76; Ord. No. 07-07, § 1, 2-15-2007) Sec. 14-73. Costs, a lien on premises. As provided by G.S. 160A-443(6), the amount of the cost of any repairs, alterations, or improvements, or vacating and closing, or removal or demolition, caused to be made or done by the inspector pursuant to section 14- 72 8-76 of this article shall be a lien against the real property upon which such cost was incurred. Such lien shall be filed, have the same priority and be enforced and the costs collected as provided by G.S. 160A-443(6). (Code 2003, § 8-77; Ord. No. 07-07, § 1, 2-15-2007) Sec. 14-74. Alternative remedies. Neither this article nor any of its provisions shall be construed to impair or limit in any way the power of the town to define and declare nuisances and to cause their abatement by summary action or otherwise, or to enforce this article by criminal process as authorized by G.S. 14-4 and section 14-77, 8-81 of this article, and the enforcement of any remedyPROOFS provided herein shall not prevent the enforcement of any other remedy or remedies provided herein or in other ordinances or laws. (Code 2003, § 8-78; Ord. No. 07-07, § 1, 2-15-2007) Sec. 14-75. Town board of adjustment. The town board of adjustment shall perform the duties prescribed by section 15(d) and shall keep an accurate record of all its proceedings. (Code 2003, § 8-79; Ord. No. 07-07, § 1, 2-15-2007) Sec. 14-76. Conflict with other provisions. In the event any provision, standard, or requirement of this article is found to be in conflict with any provision of any other ordinance or code of the town, the provision which establishes the higher standard or more stringent requirement for the promotion and protection of the health and safety of the residents of the town shall prevail. (Code 2003, § 8-80; Ord. No. 07-07, § 1, 2-15-2007) Sec. 14-77. Violations; penalty.21 It shall be unlawful for the owner of any dwelling or dwelling unit to fail, neglect, or refuse to repair, alter, or improve the same, or to vacate and close and remove or demolish the same, upon order of the inspector duly made and served as herein provided, within the time specified in such order, and each day that any such failure, neglect, or refusal to comply with such order continues shall constitute a separate and distinct offense. It shall be unlawful for the owner of any dwelling or dwelling unit, with respect to which an order has been issued pursuant to section 14-70 8-74 of this article, to occupy or permit the occupancy of the same after the time prescribed in such order for its repair, alteration or improvement or its vacation and closing, and each day that such occupancy continues after such prescribed time shall constitute a separate and distinct offense. The violation of any provision of this article shall constitute a misdemeanor, as provided by G.S. 14-4. In addition to the remedy specified in this and in other sections of this article, the provisions of this article may also be enforced by the town by injunction and order or abatement or by any other equitable remedy issuing from a court of competent jurisdiction, as specified in G.S. 160A-450 and G.S. 160A-365. (Code 2003, § 8-81; Ord. No. 07-07, § 1, 2-15-2007) Secs. 14-78--14-97. Reserved.
ARTICLE IV. DANGEROUS OR HAZARDOUS BUILDINGS*22 *Editor's note— Ord. No. 07-07, § 1, adopted Feb. 15, 2007, repealed the former Art. IV, §§ 8-131—8-137, and renumbered Arts. V and VI as Arts. IV and V. The former Art. IV pertained to Property Maintenance Code and derived from Ord. No. 94- 3, art. III, §§ 1—7; Ord. No. 04-29, § 1, adopted Sept. 26, 2004. *State law reference—Authority to correct unsafe buildings, G.S. 160A-424 et seq. Sec. 14-98. Generally. (a) Any building or structure partially destroyed or otherwise which is found by the town to be in such a dilapidated state of disrepair or other substandard condition as to be dangerous to life, health or other property or to constitute a fire or safety hazard or a public nuisance shall be declared by the town to be unsafe. Every building that shall appear to the inspector to be especially dangerous to life because of its liability to fire or because of bad condition of walls, overloaded floors, defective construction, decay, unsafe wiring or heating system, inadequate means of egress, or other causes, shall be held to be unsafe, and the inspector shall affix a notice of the dangerous character of the structure to a conspicuous place on the exterior wall of the building. __ Such unsafe condition may be caused by defective construction, overloaded structural parts, decay, susceptibility to fire, or any other hazardous conditions or circumstances. __ The town shall declare all such buildings or structures unsafe and take appropriate action to have such conditions corrected or removed. (b) Such declarationPROOFS by the town The decision of the inspector shall be in writing and shall constitute an
21 Legal Analysis: Code 2003, § 8-81. Violations; penalty. Deleted – use general penalty Code § 1-14. Keep per 10/27/17 email from attorney. 22 Legal Analysis: Code 2003, ch. 8, art. IV. Dangerous or hazardous buildings. Revised article throughout to conform to §§ 160A-424 et seq. Are there any community development target areas? If so, revise to include language from G.S. § 160A-426? Revised article throughout to conform to §§ 160A-424 et seq. Revised further based on 10/29/17 email from attorney. order of condemnation for the purposes of this article. (Code 2003, § 8-171; Ord. No. 94-3, art. IV, § 1, 4-21-1994; altered in 2018 recodification) Sec. 14-99. Duty of owner; procedure. Whenever any building or structure has been condemned by the town and the existence of such building or structure in a dilapidated state of disrepair or other substandard condition is found and determined by the town; or, upon appeal from or report by the town as provided in this article, by the town council to be dangerous to life, health or other property; or is in such condition as to constitute a fire or safety hazard or a public nuisance, the owner of such building or structure shall be required to demolish and remove the building or structure and remedy such conditions under the regulations and procedures provided in this article. If such owner fails or refuses to do so within the time directed by the town or by the town council, the town council may cause the building to be demolished and removed or such other steps taken as it may find to be necessary to suppress and abate the nuisance and remove the fire or safety hazard and the danger to life, health or other property found to exist, and specially assess the cost and expense of doing the work against the lot or parcel of land on which the building or structure is located. (a) If the owner of a building or structure that has been condemned as unsafe pursuant to section 14-98 shall fail to take prompt corrective action, the inspector shall give him written notice, by certified or registered mail to his last known address or by personal service: (1) That the building or structure is in a condition that appears to meet one or more of the following conditions: a. Constitutes a fire or safety hazard; b. Is dangerous to life, health, or other property; c. Is likely to cause or contribute to blight, disease, vagrancy, or danger to children; d. Has a tendency to attract persons intent on criminal activities or other activities which would constitute a public nuisance; (2) That a hearing will be held before the inspector at a designated place and time, not later than ten days after the date of the notice, at which time the owner shall be entitled to be heard in person or by counsel and to present arguments and evidence pertaining to the matter; and (3) That following the hearing, the inspector may issue such order to repair, close, vacate, or demolish the building or structure as appears appropriate. (b) If the name or whereabouts of the owner cannot after due diligence be discovered, the notice shall be considered properly and adequately served if a copy thereof is posted on the outside of the building or structure in question at least ten days prior to the hearing and a notice of the hearing is published in a newspaper having general circulation in the town at least once not later than one week prior to the hearing. (Code 2003, § 8-172; Ord. No. 94-3, art. IV, § 2, 4-21-1994; altered in 2018 recodification) Sec. 8-173. Notice and hearing.23 Before any building or structure may be ordered to be demolished and removed as provided in section 8-172, the town shall notify the owner in writing, by certified or registered mail to the last known address of such owner, or by personal service of such notice by the town or by posting notice as provided in this section that the building or structure is in such conditionPROOFS as appears to constitute a fire or safety hazard or is dangerous to life, health or other property, or to be a public nuisance, and that a hearing will be held before the town at a designated place at a time not less than ten days after the date of such written notice, at which time and place the owner shall be entitled to be heard in person or by counsel upon all legal or factual questions relating to the matter and shall be entitled to offer such evidence as he may desire which is relevant or material to the questions sought to be determined or the remedies
23 Legal Analysis: Code 2003, § 8-173. Notice and hearing. Deleted as covered by revised § 8-172. Ok per revisions in 10/19/17 email from attorney sought to be effected. If the name or whereabouts of the owner cannot, after due diligence, be discovered, the notice shall be considered properly and adequately served if a copy is posted on the outside of the building or structure in question at least ten days prior to the date fixed for the hearing and a notice of the hearing is published one time in a newspaper having general circulation in the corporate limits of the town at least one week prior to the date fixed for such hearing. Such notice shall state the address or location of the building or structure and the time, place and purpose of the hearing. (Code 2003, § 8-173; Ord. No. 94-3, art. IV, § 3, 4-21-1994) Sec. 14-100. Order to remedy or demolish take corrective action.24 If upon the required hearing the town shall find that the building or structure in question is in such a dilapidated or substandard state of disrepair as to constitute a fire or safety hazard or to be dangerous to life, health or other property, or is a public nuisance, the town shall make an order in writing, directed to the owner of the building or structure, requiring the owner to remedy such conditions so found to exist by demolishing and removing the buildings or structures or taking such other steps as may be necessary to abate the nuisance and remove the hazards within such period, not less than 60 days, as the town may prescribe. If, upon a hearing held pursuant to the notice prescribed in section 14-99, the inspector shall find that the building or structure is in a condition that constitutes a fire or safety hazard or renders it dangerous to life, health, or other property, he shall make an order in writing, directed to the owner of such building or structure, requiring the owner to remedy the defective conditions by repairing, closing, vacating, or demolishing the building or structure or taking other necessary steps, within such period, not less than 60 days, as the inspector may prescribe; provided that where the inspector finds that there is imminent danger to life or other property, he may order that corrective action be taken in such lesser period as may be feasible. (Code 2003, § 8-174; Ord. No. 94-3, art. IV, § 4, 4-21-1994; altered in 2018 recodification) Sec. 14-101. Appeal; finality of order if not appealed. The owner of any building or structure ordered by the town to be demolished and removed, or who is directed by the town to take any other steps to abate a nuisance or remove hazards found by the town to exist, shall have the right of appeal from such orders to the town council provided such owner gives notice of appeal to the town at the time of the hearing at which the order is made or within ten days after such order is made files with the building official a written notice of such appeal. A notice of appeal shall state the grounds for appeal. Unless an appeal is taken within the time and in the manner prescribed in this article, the action of the town shall be deemed final, subject only to such action as the town council may take. Where an appeal has been properly taken and notice given in accordance with the provisions of this section, it shall be the duty of the town to report the appeal to the town clerk, who shall cause the matter to be placed on the agenda for action by the town council at its next ensuing regular meeting and shall notify the owner of the date the council will hear the matter. The town council shall have the right to continue the hearing of the appeal from time to time. Any owner who has received an order under section 8-174 above may appeal from the order to the town council by giving notice of appeal in writing to the inspector and to the town clerk within ten days following issuance of the order. In the absence of an appeal, the order of the inspector shall be final. The town council shall hear and render a decision in an appeal within a reasonable time. The town council may affirm, modify and affirm, or revoke the order. (Code 2003, § 8-175; Ord. No. 94-3, art. IV, § 5, 4-21-1994; altered in 2018 recodification) Sec. 14-102. Report when owner fails Failure to comply with order. If the owner does notPROOFS appeal from the final order or direction of the town requiring that the building or structure be demolished or removed or the taking of such other steps as may be required to abate the nuisance and remove the hazards and fails or refuses to comply with such order and direction, it shall be the duty of the town to file a written report with the town clerk, who shall cause such report to be placed on the agenda for action by the town council at its next ensuing regular meeting or to some subsequent meeting to which the town council may continue
24 Legal Analysis: Code 2003, § 8-174. Order to remedy or demolish. Revised to conform to G.S. 160A-429. Further revised in accordance with 10/27/17 email from attorney. the report. The town shall mail a copy of the report by certified or registered mail to the owner at his last known address or have a copy of the report delivered to the owner. The report shall specify the date of the meeting of the council for which the matter will be docketed for action. If the owner of a building or structure fails to comply with an order issued pursuant to section 14-100 from which no appeal has been taken, or fails to comply with an order of the town council following an appeal, he shall be guilty of a Class 1 misdemeanor. (Code 2003, § 8-176; Ord. No. 94-3, art. IV, § 6, 4-21-1994; altered in 2018 recodification) Sec. 14-103. Enforcement. (a) Action authorized. Whenever any violation is denominated a misdemeanor under the provisions of this article, the town, either in addition to or in lieu of other remedies, may initiate any appropriate action or proceedings to prevent, restrain, correct, or abate the violation or to prevent the occupancy of the building or structure involved. (b) Removal of building. In the case of a building or structure declared unsafe under section 14-98, the town may, in lieu of taking action under subsection (a) of this section, cause the building or structure to be removed or demolished. The amounts incurred by the town in connection with the removal or demolition shall be a lien against the real property upon which the cost was incurred. The lien shall be filed, have the same priority, and be collected in the same manner as liens for special assessments provided in G.S. 160A-216 et seq. If the building or structure is removed or demolished by the town, the town shall sell the usable materials of the building and any personal property, fixtures, or appurtenances found in or attached to the building. The town shall credit the proceeds of the sale against the cost of the removal or demolition. Any balance remaining from the sale shall be deposited with the clerk of superior court of the county and shall be disbursed by the court to the person found to be entitled thereto by final order or decree of the court. (c) Additional lien. The amounts incurred by the town in connection with the removal or demolition shall also be a lien against any other real property owned by the owner of the building or structure and located within the town limits or within one mile of the town limits, except for the owner's primary residence. The provisions of subsection (b) of this section apply to this additional lien, except that this additional lien is inferior to all prior liens and shall be collected as a money judgment. (d) Nonexclusive remedy. Nothing in this section shall be construed to impair or limit the power of the town to define and declare nuisances and to cause their removal or abatement by summary proceedings, or otherwise. (Added in 2018 recodification) Sec. 8-177. Order of town council, assessment of costs. In all cases referred to in this article which reach the town council for action, either upon appeal of the owner from the ruling of the building official or upon report of the town that the owner fails or refuses to comply with his order or direction, the town council shall hear the matter. If the council finds and determines that the building or structure in question is in such a dilapidated or substandard state of disrepair as to constitute a fire or safety hazard, or to be dangerous to life, health or other property, or is a public nuisance, and that the owner of the building or structure has failed or refused to abate the nuisance and has failed or refused to have the building or structure demolished and removed or has failed or refused to take such other steps as may be necessary to abate the nuisance and remove the hazards found to exist, it may cause the demolition and removal of such building or structure to be done, or effect such other remedies as may be necessary to abate the nuisance and remove the hazards, and specially assess the cost of such work against the lot or parcel of land on which the building or structure was situated; and such assessment shall constitutePROOFS a specific lien upon the lot or parcel of land, which may be enforced by an action instituted in the name of the town in the nature of an action to foreclose a mortgage as provided by G.S. 105-374 in the case of ad valorem taxes and local improvement assessments. (Code 2003, § 8-177; Ord. No. 94-3, art. IV, § 7, 4-21-1994) Sec. 8-178. When notice of town council hearing required. In cases in which the town has been unable to give to the owner actual notice of hearing in the manner provided in this article and has given such notice by posting and publishing the notice as authorized in section 8-173, and the owner has failed or refused to comply with the order or direction of the town to demolish and remove the building or structure, or take such other remedial action as will remove the hazards, and such case is referred to the town council for action, the town council shall before taking such action cause to be posted on the outside of the building or structure in question at least ten days prior to the date fixed for the hearing, and published one time in a newspaper having general circulation in the corporate limits of the town at least one week prior to the date fixed for such hearing, a written notice stating the address or location of the building or structure involved and the time, place and purpose of the hearing, and such other information as the town council may deem advisable. (Code 2003, § 8-178; Ord. No. 94-3, art. IV, § 8, 4-21-1994) Sec. 8-179. Presumption of danger to public. In all cases in which the town council, under authority of this article, causes the demolition and removal of any building or structure to be carried out, or directs such other remedial steps to be taken as may be necessary to abate the nuisance and remove the hazards, it shall be conclusively presumed that the public nuisance and the fire and safety hazard and danger to life, health or other property created and maintained by the continued presence of the building or structure in such condition as is found to exist, constitute a clear and present danger amounting to a situation of emergency involving the public health, safety and general welfare, which requires entry upon private property for the summary abatement and removal of such danger, in the public interest. (Code 2003, § 8-179; Ord. No. 94-3, art. IV, § 9, 4-21-1994) Sec. 8-180. Willful failure or refusal to comply with order. It shall be unlawful for any person to willfully fail or refuse to comply with any final order or direction of the town or the town council made by virtue and in pursuance of this article. Every day such person shall willfully fail or refuse to comply with any final order or direction of the town or the town council made by virtue and in pursuance of this article shall constitute a separate and distinct offense. (Code 2003, § 8-180; Ord. No. 94-3, art. IV, § 10, 4-21-1994) Secs. 14-104--14-134. Reserved.
ARTICLE V. FIRE PROTECTION AND PREVENTION *Editor's note— Formerly, Article VI. See editor's note at Article IV. Sec. 14-135. Title. This article These regulations shall be known as the "Fire Protection and Prevention Ordinance of the Town of Leland, North Carolina," and may be cited as such and referenced to herein as "the code." (Code 2003, § 8-210; Ord. No. 06-29, § 1, 9-21-2006) Sec. 14-136. Intent. It is the intent of the code to prescribe regulations consistent with nationally recognized good practice for the safeguarding of life and property from the hazards of fire and explosion within the jurisdiction of the town. The code shall not be construed to hold the town responsible for any damage to persons or property by reason of the inspection or re-inspection authorized herein, failure to inspect or re-inspect or the permits issued or denied as herein provided, or by reason of the approval or disapproval of any equipment authorized herein. (Code 2003, § 8-211; Ord. No. 06-29, § 1, 9-21-2006) Sec. 14-137. Code and amendments.PROOFS25 For the purpose of prescribing regulations governing conditions hazardous to life and property from fire, explosion, or exposure to hazardous materials, the North Carolina state fire prevention code and appendices of said
25 Legal Analysis: Code 2003, § 8-212. Code and amendments. This section and 8-214 are unnecessary, given that the state building code council adopts the fire code (the North Carolina Fire Code, based upon the International Fire Code) to be enforced statewide. Keep per 6/5/17 conference. Deleted 8-215 per 6/5/17 conference. code, along with the North Carolina amendments of said code are hereby adopted by reference and are set forth herein as the fire code for the town. Any amendments to the aforementioned code, which are adopted, amended, and published by the North Carolina state building code council, shall be effective in the town at the time such amendments are declared in effect by the North Carolina state building code council. (Code 2003, § 8-212; Ord. No. 06-29, § 1, 9-21-2006) Sec. 14-138. Applicability. The provisions of this article shall apply to all buildings and occupancies referenced in the North Carolina state building code, state fire prevention code and any other building code referenced by this article. The provisions of this code shall apply equally to existing as well as new buildings. (Code 2003, § 8-213; Ord. No. 06-29, § 1, 9-21-2006) Sec. 14-139. Inapplicability of code. Where the North Carolina state fire prevention code or its references are inapplicable to a specific occupancy of process, the appropriate NFPA (National Fire Protection Association) or other nationally recognized standard shall be used. (Code 2003, § 8-214; Ord. No. 06-29, § 1, 9-21-2006) Sec. 8-215. Copy on file. A copy of the fire protection and prevention ordinance, and all technical codes and standards adopted by reference shall be available for public inspection at the town inspections department. (Code 2003, § 8-215; Ord. No. 06-29, § 1, 9-21-2006) Sec. 14-140. Jurisdiction. In accordance with the general statutes of the state and the provisions of this article, the town fire protection and prevention ordinance, except as otherwise provided herein, it will be the responsibility of the town inspections department (herein the "department" or "inspections department") to issue all fire prevention permits, conduct all fire inspections for the town and enforce the provisions of the North Carolina state building code, state fire prevention code and this article, the town fire protection and prevention ordinance, in the incorporated areas of the town. The town, through a contract with the Leland town voluntary fire department (herein the "fire department"), has delegated responsibility to the fire department to issue all operational fire prevention permits, conduct all operation and annual fire inspections for the town and enforce the provisions of the fire prevention code and this article, the town fire protection and prevention ordinance, in the incorporated areas of the town. (Code 2003, § 8-216; Ord. No. 06-29, § 1, 9-21-2006; Ord. No. 13-19, § 1, 8-15-2013) Sec. 14-141. Contracting for services. (a) General. When a Brunswick county municipality or sanitary district that is legally obligated to provide fire inspection services to a specified area cannot do so, such entity may contract with the town to provide these services. Any area contracted to the town for fire inspection services shall be bound to all the provisions of this article. the town fire protection and prevention ordinance. (b) Exception. Where a municipality provides fire inspection services and only requires the assistance of the town due to the inability to inspect a building whose occupancy requires a level II or III inspector, then the provisions of this articlePROOFS shall not apply. (Code 2003, § 8-217; Ord. No. 06-29, § 1, 9-21-2006) Sec. 8-218. Definitions and abbreviations.26 For the purpose of this code, certain abbreviations, terms, phrases, words, and their derivatives shall be
26 Legal Analysis: Code 2003, § 8-218. Definitions and abbreviations. Deleted as covered by Code § 1-2. OK per 6/5/17 conference. construed as set forth in this and following sections. Words used in the present tense include the future. Words in the masculine gender include the feminine and neuter. Words in the feminine and neuter gender include the masculine. The singular number includes the plural and the plural includes the singular. (Code 2003, § 8-218; Ord. No. 06-29, § 1, 9-21-2006) Sec. 14-142. Terms not defined. Where terms are not defined in this code and are defined in the International Fire Code, International Building Code, International Fuel Gas Code, National Electric Code, International Mechanical Code or International Plumbing Code North Carolina state building code and the state North Carolina fire code, such terms shall have the meanings ascribed to them as in those codes. Where terms are not defined through the methods authorized, such terms shall have ordinarily accepted meanings such as the context implies. (Code 2003, § 8-219; Ord. No. 06-29, § 1, 9-21-2006) Sec. 14-143. Frequency of inspection. Inspection schedules of existing buildings shall be in accordance with applicable provisions of the North Carolina state fire prevention code. The fee for such inspections shall be as established by resolution adopted by the town council from time to time. (Code 2003, § 8-220; Ord. No. 06-29, § 1, 9-21-2006) Sec. 14-144. Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Permit means an official document issued by the town inspections department or the Leland town volunteer fire department authorizing performance of a specified activity, use, operation or installation. This includes, but is not limited to the following types: Use permit, special use permit, burning permit, operational permit, construction permit and permits for fire protection systems, storage tanks, and any other items needing a permit. (Code 2003, § 8-221; Ord. No. 06-29, § 1, 9-21-2006; Ord. No. 13-19, § 2, 8-15-2013) Sec. 14-145. Required permits.27 (a) In accordance with the detailed requirements of the town, an operational permit shall be obtained from the fire department pursuant to the procedure set forth in chapter 1, section 105 of the N.C. Fire Prevention Code, along with the N.C. Amendments and this article. An operational permit must be obtained from the fire department in the following situations: OPERATIONAL PERMITS Code Description Section
105.6.1 Aerosol products 105.6.2 PROOFS Amusement buildings 105.6.3 Aviation facilities
105.6.4 Carnivals and fairs
27 Legal Analysis: Code 2003, § 8-222. Required permits. Review and advise if current. OK per 10/30/17 email from attorney. 105.6.5 Battery systems
105.6.6 Cellulose nitrate film
105.6.7 Combustible dust-producing operations
105.6.8 Combustible fibers (except agriculture)
105.6.9 Compressed gases
105.6.10 Covered mall buildings
105.6.11 Cryogenic fluids
105.6.12 Cutting and welding
105.6.13 Dry cleaning plants
105.6.14 Exhibits and trade shows
105.6.15 Explosives
105.6.16 Fire hydrants and valves
105.6.17(1) Flammable and combustible liquids pipeline
105.6.17(2) Flammable and combustible liquids class I storage
105.6.17(3) Flammable and combustible liquids class II storage
105.6.17(4) Flammable and combustible liquids removal
105.6.17 (5) Flammable and combustible liquids production, processing, transportation, storage, dispensed, used
105.6.17(6) Install, alter, remove, or abandon flammable or combustible liquid tanks
105.6.17(7) Change the contents of a flammable or combustible liquid tank
105.6.17(8) Manufacture, process, blend, or refine flammable or combustible liquids 105.6.17(9)PROOFS To engage in the dispensing of liquid fuels into the fuel tanks of motor vehicles at commercial, industrial, governmental, or manufacturing establishments
105.6.17(10) To utilize a site for the dispensing of liquid fuels from tank vehicles into the fuel tanks of motor vehicles at commercial, industrial, governmental, or manufacturing establishments 105.6.18 Floor Finishing using class I or II liquids
105.6.19 Fruit and crop ripening
105.6.20 Fumigation and thermal insecticidal fogging
105.6.21 Hazardous materials storage, transport, dispense, use and handling
105.6.22 Hazardous materials facilities
105.6.23 High-piled storage
105.6.24 Hot work
105.6.25 Industrial ovens
105.6.26 Lumber yards and woodworking plants
105.6.27 Liquid or gas fueled vehicles or equipment in assembly buildings
105.6.28 L.P. gas bulk storage
105.6.29 Magnesium
105.6.30 Miscellaneous combustible storage
105.6.32 Open flames and candles
105.6.33 Organic coatings
105.6.34 Operation of places of assembly
105.6.35 Private fire hydrants removal from service, use or operation
105.6.36 Pyrotechnic special effects materials
105.6.37 Pyroxylin plastics
105.6.38 Regulated refrigeration equipment 105.6.39 PROOFS Repair garages and service stations 105.6.40 Rooftop heliports
105.6.41 Spraying or dipping operations
105.6.42 Storage of scrap tires and tire byproducts
105.6.43 Temporary membrane structures, tents and canopies 105.6.44 Tire-rebuilding plants
105.6.45 Waste handling
105.6.46 Wood products
*Fees for these permits shall be as established by resolution of the town council adopted from time to time. Churches and synagogues shall be exempt from operational permitting fees. (b) These permits will only be issued during a new construction situation. The permit will be valid for the same period as the inspection schedule in section 106 of the N.C. Fire Prevention Code and the renewal will be the payment of the inspection fee for existing buildings. (c) An existing building may be issued an operational permit for the above situations; the permit will be included in the fee for the inspection of an existing building in accordance with section 106 of the N.C. Fire Prevention Code. (Code 2003, § 8-222; Ord. No. 06-29, § 1, 9-21-2006; Ord. No. 13-19, § 3, 8-15-2013) Sec. 14-146. Renewal. All permits are valid for a period of one, two, or three years and must be renewed in accordance with section 105 of the N.C. Fire Prevention Code. Renewal fees will be based on the fee schedule adopted by the town council from time to time. (Code 2003, § 8-223; Ord. No. 06-29, § 1, 9-21-2006) Sec. 14-147. Information required with applications. An application for a permit shall be filed with the inspections department or the fire department on a form furnished for that purpose provided by the town or the fire department and shall include the applicant's answers in full to inquiries set forth in such forms. Applications for permits shall be accompanied by appropriate fees and such data as may be required by the inspections department or the fire department. (Code 2003, § 8-224; Ord. No. 06-29, § 1, 9-21-2006; Ord. No. 13-19, § 4, 8-15-2013) Sec. 14-148. Contractor's license required. When the general statutes require that general construction, plumbing, mechanical, electrical, fire protection, or gas work be performed by an appropriately licensed individual, no permit for such type work shall be issued to an unlicensed person or firm. (Code 2003, § 8-225; Ord. No. 06-29, § 1, 9-21-2006) Sec. 14-149. Additional data. The inspections department may require details, computations, stress diagrams, professional certification and other data necessary to describe the construction or installation of a system. (Code 2003, § 8-226; Ord. No. 06-29, § 1, 9-21-2006) Sec. 14-150. Plan review.PROOFS28 Plan review shall apply to all buildings and occupancies as set forth in the N.C. state building code and the N.C. state fire prevention code. This review will be for the determination of compliance with this article and the Fire Code all applicable codes, and shall be completed within a reasonable time of receipt of plans. If the inspections departments review of these plans indicates the need for a fire permit, as outlined in this article and the fire code,
28 Legal Analysis: Code 2003, § 8-227. Plan review. Review and advise if current. Revised per 10/26/17 email from attorney. or if there are corrections to be made to the plans, the building permit shall not be issued until the fire permit has been applied for or until the corrections are made to the plans. This plan review shall not apply to one- and two- family dwellings. The following is a list of the applicable plan reviews: PLAN REVIEW AND INSPECTION Small plan review < 2,500 square feet (includes 1 inspection)
Basic plan review 2,500 < 10,000 square feet (includes 1 inspection)
Intermediate plan review 10,001—25,000 square feet (includes 1 inspection)
Complex plan review 25,001—100,000 square feet (includes 2 inspections)
Special plan review > 100,001 square feet (includes 2 inspections)
Small and Basic re-inspection (each trip)
Intermediate re-inspection (each trip)
Complex re-inspection (each trip)
Special re-inspection (each trip)
(Code 2003, § 8-227; Ord. No. 06-29, § 1, 9-21-2006; altered in 2018 recodification) Sec. 14-151. Revocation. The inspections department or fire department may revoke a permit upon determination that the permit holder, or any agent or employee of the permit holder, has violated any provision of the N.C. state building code, state fire prevention code or this article, or any stated condition of the permit. The inspections department or fire department shall advise the permit holder, in writing, of the reason for the revocation. (Code 2003, § 8-228; Ord. No. 06-29, § 1, 9-21-2006; Ord. No. 13-19, § 5, 8-15-2013) Sec. 14-152. Nontransferable. Any permits issued shall not be transferable. Permits shall be valid only as specified on the permit for the time period, use, and/or project specified. Permits shall be valid only for the individual listed on the permit application. (Code 2003, § 8-229; Ord. No. 06-29, § 1, 9-21-2006) Sec. 14-153. Fees. Inspection fees for plan review and inspections of new construction shall be as established by resolution of the town council adopted from time to time. (Code 2003, § 8-230; Ord. No. 06-29, § 1, 9-21-2006) Sec. 14-154. Civil penalties.29 (a) Any person who shall violate any of the provisions of the N.C. state fire prevention code or this article adopted by the town council,PROOFS or fail to comply therewith, or who shall violate or fail to comply with any order made thereunder, or who shall build in violation of any statement of specifications or plans submitted and approved thereunder or any certificate or permit issued thereunder, shall be subject to penalties as specified below as approved by the town. These penalties shall be recovered by the town in a civil action in the nature of debt if the offender does not pay the penalties within a period of 30 days after the issuance of the notice of violation. The notice of
29 Legal Analysis: Code 2003, § 8-231. Civil penalties. Deleted penalties to use the revised general penalty of code § 1-14. Keep per 6/5/17 conference. violation shall be in writing, signed by the inspections department and/or the fire official charged with the enforcement of the N.C. state fire prevention code or this article, and shall be delivered or mailed to the offender either at his residence or place of business or at the location where the violation occurred. Each day's continuing violation shall be a separate and distinct offense. Any action to recover such penalties may be joined in an action for appropriate equitable remedy, including injunctions and orders of abatement and including an action to recover damages by the town in abating, correcting, limiting, and otherwise dealing with the harmful effects of the offending action.
Civil Penalty Schedule
First offense $100.00
Second offense $300.00
Third and subsequent offenses $500.00
(b) Violations consisting of locked and/or blocked exits, impedance of the occupants to quickly evacuate a structure or premises, or conditions posing imminent danger to the occupants on or about the premises or violation of occupancy limits established pursuant to the North Carolina state building and/or fire code must be corrected during the time of the inspection if at all possible. (Code 2003, § 8-231; Ord. No. 06-29, § 1, 9-21-2006) Sec. 14-155. Hazards and violations. The planning division, inspections department division and/or fire department will respond to any complaint regarding a life safety hazard, illegal burning, and any other fire code violation or fire ordinance violation in the town. (Code 2003, § 8-232; Ord. No. 06-29, § 1, 9-21-2006) Sec. 14-156. How to report a hazard or violation. A hazard or violation may be reported at any time. They may be reported directly to the inspections economic and community development department office or the Leland Volunteer Fire/Rescue Department Inc. (Code 2003, § 8-233; Ord. No. 06-29, § 1, 9-21-2006) Sec. 14-157. Required information for complaints. All complaints will require the following information to be recorded in order for the complaint to be processed: (1) Name of the person filing the complaint. (2) Address and phone number of person filing complaint. (3) Location of hazard or violation. (4) Type of problem, hazard or violation. (Code 2003, § 8-234; Ord.PROOFS No. 06-29, § 1, 9-21-2006) Sec. 14-158. Records. A written record of all complaints will be maintained in the inspections economic and community development department and in the fire department. A report will be attached to the complaint stating any violations or hazards found and what actions were taken. (Code 2003, § 8-235; Ord. No. 06-29, § 1, 9-21-2006; Ord. No. 13-19, § 6, 8-15-2013) Sec. 14-159. Plan review Fees. Plan review Any required fees shall be collected or arrangements made for collection prior to issuance of any zoning, building or fire permits. (Code 2003, § 8-236; Ord. No. 06-29, § 1, 9-21-2006) Sec. 14-160. Inspection fees; new construction. In the event additional fees are required to be assessed during a construction project, any and all fees must be paid in full prior to the issuance of the buildings certificate of occupancy. (Code 2003, § 8-237; Ord. No. 06-29, § 1, 9-21-2006) Sec. 14-161. Inspection fees; existing buildings. The fee for an inspection of an existing building shall be assessed and an invoice will be supplied to the owner, occupant, or designee and shall be paid within 30 days of the date of such invoice. After 30 days, the bill will be placed in a past due status and a second invoice will be sent. After a period of 60 days of nonpayment, the account will be subject to a ten percent late fee and the account will be placed on hold and no additional inspections or permits will be issued. A civil action may be filed to collect the balance due after a period of 90 days. (Code 2003, § 8-238; Ord. No. 06-29, § 1, 9-21-2006) Secs. 14-162--14-190. Reserved.
ARTICLE VI. RESERVED* *Editor's note—Ord. No. 14-09, § 1, adopted February 20, 2014, repealed the former article VI, §§ 8-258—8-264 in its entirety, which pertained to the regulation of liquefied petroleum gas systems, and derived from Ord. No. 09-06, § 1, adopted February 19, 2009.
PROOFS
Chapters 15--17 RESERVED
PROOFS
Chapter 18 10 BUSINESSES AND BUSINESS REGULATIONS* *Editor's note— Ord. No. 09-26, § 1(exh. A), adopted Nov. 19, 2009, repealed ch. 10 in its entirety and enacted a new ch. 10 as set out herein. The former ch. 10 pertained to similar subject matter and derived from Ord. of 6-21-1991, §§ 1—33; Ord. of 11-1-1990, §§ 2, 3; Ord. No. 93-5, §§ 8-91—8-98, adopted June 17, 1993; Ord. No. 03-11, § 2, adopted April 17, 2003. *State law reference—License taxes, G.S. 105-33 et seq., 160A-211 et seq. G.S. 160A-194.
ARTICLE I. IN GENERAL30 Sec. 10-1. Definitions. The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Business means each trade, occupation, profession, commercial activity and franchise engaged in for gain or livelihood. Seasonal business means a business conducted for profit six months out of the year or less. (Code 2003, § 10-1; Ord. No. 09-26, § 1(exh. A), 11-19-2009) Sec. 10-2. Construction of chapter. This chapter is enacted for revenue purposes only. It shall be construed to require payment of the maximum tax permitted under its terms. Issuance of a license in accordance with this chapter does not excuse a licensee from compliance with any other applicable ordinance or statute. This chapter does not prevent the town from imposing license taxes on additional businesses, from increasing or decreasing the amount of any license tax, or from regulating any business taxed. (Code 2003, § 10-2; Ord. No. 09-26, § 1(exh. A), 11-19-2009) Sec. 10-3. Levy of tax. __ The town council by resolution establishes a privilege license fee schedule, which is kept in the tax collector's office. __ An annual privilege license tax is levied on each business conducted within this town as set forth in the privilege license fee schedule. (Code 2003, § 10-3; Ord. No. 09-26, § 1(exh. A), 11-19-2009) Sec. 10-4. Who must pay tax. Each person who conducts a business within this town with gross receipts over $100,000.00 is subject to this chapter. A person conducts business when he engages in one act of business taxed under this chapter. He conducts business within the town if, either personally or through agents, he solicits business within the city limits or picks up or delivers goods or services within the town limits, unless prohibited or exempted by North Carolina General Statutes. (Code 2003, § 10-4; Ord. No.PROOFS 09-26, § 1(exh. A), 11-19-2009; Ord. No. 13-15, § 1, 6-20-2013) Sec. 10-5. Period of license; due date. __ Annual licenses. Unless the section of this chapter levying the privilege license tax applicable to a
30 Legal Analysis: Code 2003, ch. 10. Art. I In general. Deleted as the Privilege License Tax has been repealed in North Carolina, effective July 1, 2015. The Town may wish to adopt licensing through G.S. 160A-194 instead. OK per 6/5/17 conference. particular business provides otherwise, a license issued in accordance with this chapter is good for the 12-month period beginning July 1 and ending June 30. The tax is due on July 1 of each year. However, if a person begins a business after July 1 of a year, the tax for that year is due before the business is begun. __ Licenses for periods shorter than one year. If the section of this chapter levying the privilege license tax applicable to a particular business so provides, a license may be issued for a period of one day, one week or some comparable period of less than a full license year. A person may not commence a business conducted within the town and taxed under such a provision until the privilege license tax due is paid and may not continue such a business beyond the period for which the license is issued. (Code 2003, § 10-5; Ord. No. 09-26, § 1(exh. A), 11-19-2009) Sec. 10-6. Proration of tax. If a business is begun after January 31, and before July 1, the amount of tax due is half the amount otherwise due. If a business is seasonal in nature and if the amount of tax is not based on gross receipts, the amount of tax due is half the amount otherwise due. (Code 2003, § 10-6; Ord. No. 09-26, § 1(exh. A), 11-19-2009) Sec. 10-7. Refunds. If for any reason a licensee discontinues his business during the license year, he is not entitled to a refund. (Code 2003, § 10-7; Ord. No. 09-26, § 1(exh. A), 11-19-2009) Sec. 10-8. Separate businesses. A separate license is required and a separate privilege license tax must be paid for each place of business unless two or more places of business under common ownership are contiguous to each other, communicate directly with and open into each other and are operated as a unit. In addition, a separate privilege license tax must be paid for each business taxable under this chapter conducted by the taxpayer at any one location; however, the tax collector may issue a single license for all taxable businesses conducted at one location by a single taxpayer. (Code 2003, § 10-8; Ord. No. 09-26, § 1(exh. A), 11-19-2009) Sec. 10-9. Computation of tax based on gross receipts. __ Whenever this chapter levies a privilege license tax computed on the basis of gross receipts, gross receipts means the amount reported as gross receipts on a business's state income tax return, or on the federal income tax return filed with the state income tax return if the state return does not separately state gross receipts for the most recently completed tax year. __ If a business has not been in operation long enough for the information required in subsection (a) of this section to be available, the tax collector shall estimate gross receipts for the businesses based on similar businesses, or other reasonable information that the tax collector considers useful. __ On or before July 31 immediately after the license year, each licensee who paid the tax for the past license year based on estimated gross receipts shall submit to the tax collector a sworn final report showing the amount of gross receipts for the license year. If the amount shown is more than the estimated gross receipts, the licensee shall pay the amount of additional tax that would have been due had the estimate been accurate. If the amount shown is less than the estimated gross receipts, the town shall refund to the licensee the difference between the actual tax paid and the amount of tax that would have been due had the estimate been accurate. (Code 2003, § 10-9; Ord. No.PROOFS 09-26, § 1(exh. A), 11-19-2009) Sec. 10-10. Exemptions. __ Generally. Except as otherwise provided in this section or by state law, no person is exempt from the payment of a privilege license tax levied by this chapter. __ Charitable organizations. A person who operates a business for a religious, educational, civic, patriotic, charitable or fraternal purpose, when the entire gross income of the business is used for such a purpose, is exempt from paying any privilege license tax levied by this chapter. (Code 2003, § 10-10; Ord. No. 09-26, § 1(exh. A), 11-19-2009; Ord. No. 13-15, § 2, 6-20-2013) Sec. 10-11. Duty to determine whether tax due. Each person has the duty to determine whether the business he conducts is taxed under this chapter and if so, whether that tax has been paid for the current tax year. (Code 2003, § 10-11; Ord. No. 09-26, § 1(exh. A), 11-19-2009) Sec. 10-12. Tax collector to investigate. If the tax collector has reason to believe that a person is conducting a business in the city in violation of this chapter, the tax collector shall conduct an investigation to determine the person's tax liability. (Code 2003, § 10-12; Ord. No. 09-26, § 1(exh. A), 11-19-2009) Sec. 10-13. Duty to keep books. Each person who conducts a business taxed under this chapter shall keep all records and books necessary to compute the tax liability. If a person fails to keep books and records as required, the tax collector shall make a determination of that person's tax liability from the information available. (Code 2003, § 10-13; Ord. No. 09-26, § 1(exh. A), 11-19-2009) Sec. 10-14. Duty to permit inspection. Each person who conducts business in the city shall permit the tax collector to inspect the business premises during normal business hours to determine the nature of the business conducted there and to examine the books and records to determine the nature and amount of business transacted. (Code 2003, § 10-14; Ord. No. 09-26, § 1(exh. A), 11-19-2009) Sec. 10-15. Duty to post license. A licensee shall post the license conspicuously in the place of business licensed. If the licensee has no regular place of business, the license must be kept where it may be inspected at all times by the proper town officials. (Code 2003, § 10-15; Ord. No. 09-26, § 1(exh. A), 11-19-2009) Sec. 10-16. Enforcement. __ Criminal remedies. Conducting business within this town without having paid the privilege license tax imposed by this chapter, or without a valid license issued in accordance with this chapter, or without posting a license in compliance with section 10-15, is a misdemeanor, punishable as provided in G.S. 105-109. Each day a person conducts business in violation of this chapter is a separate offense. Payment of a fine imposed in criminal proceedings in accordance with this section does not relieve a person of the liability for taxes imposed under this chapter. __ Equitable remedies. In addition to the criminal remedies set forth in subsection (a) of this section and in compliance with G.S. 160A-175(d), the town may seek an injunction against any person who conducts a business in violation of this chapter. (Code 2003, § 10-16; Ord. No. 09-26, § 1(exh. A), 11-19-2009) Secs. 10-17—10-50. Reserved. PROOFSARTICLE II. LICENSES Sec. 10-51. Application. A person shall apply to the tax collector for a license required by this chapter no less than 30 days before the date the tax is due. The application, which shall be submitted on forms provided by the tax collector, shall contain the following information: __ The name of the applicant and whether the applicant is an individual, a partnership, a corporation or some other entity. __ The nature of the business. __ Where the business is conducted. __ An address where notices and statements may be mailed to as required by this chapter. __ Whether the business is regulated by a state occupational licensing board subject to G.S. 93B-1 et seq., and if so, the serial number of the state license the applicant currently holds. __ Any other information the tax collector determines to be necessary to compute the amount of tax due. Prior to being issued a privilege license, all applicants must receive a zoning compliance certificate from the code enforcement officer and must display such certificate to the tax collector. (Code 2003, § 10-51; Ord. No. 09-26, § 1(exh. A), 11-19-2009; Ord. No. 10-08, § 1, 3-18-2010) Sec. 10-52. Reasons for refusal or revocation of a license. The tax collector shall refuse to issue or shall revoke a license for any of the following reasons: __ The applicant misrepresents a fact relevant to the amount of tax due or the applicant's qualifications for a license. __ The applicant refuses to provide information necessary to compute the amount of tax due. __ The proposed business operation is not in compliance with chapter 30 of this Code of Ordinances. (Code 2003, § 10-52; Ord. No. 09-26, § 1(exh. A), 11-19-2009; Ord. No. 10-08, § 1, 3-18-2010) Sec. 10-53. Unqualified applicants; right to a conference. __ After receipt of a completed license application, if the tax collector believes a reason exists for refusing a license under section 10-52, the tax collector shall refuse to accept payment of the tax and shall not issue the license. At the applicant's request, the tax collector shall, in accordance with section 10-62, give the applicant a written statement of the reason for refusing the license. The applicant may, within ten days after the day the statement is received, request a conference with the town manager to discuss the refusal. Such request shall be in writing and specify why the application for a license should not be refused. The town manager shall hold the conference within ten working days after receipt of request. __ If the tax collector refuses to issue a license, the applicant may reapply for a license at any time thereafter. If the reason for which the application was refused no longer exists, and if no other reason exists for refusing to issue a license, the tax collector shall issue the license in compliance with section 10-54. (Code 2003, § 10-53; Ord. No. 09-26, § 1(exh. A), 11-19-2009) Sec. 10-54. Tax collector to issue license; payment of tax a prerequisite. After receipt of the completed application, if the tax collector believes that no reason exists for refusal of a license under section 10-52, the tax collector shall determine the amount of tax due and notify the applicant of that amount. The tax collector shall not issue a license until the tax is paid. (Code 2003, § 10-54; Ord. No. 09-26, § 1(exh. A), 11-19-2009) Sec. 10-55. Amount of tax disputed. If disputes arise over the amount the tax collector determines to be due, the applicant may either refuse to pay and request a conference with the tax collector to discuss the determination or pay the amount, receive the license, and submit a written request for a conference to discuss the right to a refund. If a conference is requested, the tax collector shall hold the conferencePROOFS within ten working days after receipt of request. (Code 2003, § 10-55; Ord. No. 09-26, § 1(exh. A), 11-19-2009) Sec. 10-56. Revocation. __ The tax collector shall revoke a license if a reason exists to revoke it as set forth in section 10-52. Before revoking a license, the tax collector shall give the licensee written notice of the grounds for revocation, in accordance with section 10-62. Within ten working days after a notice of revocation is served, a licensee may request a conference with the town manager. Said request must be in writing and specify the reasons why the license should not be revoked. The town manager shall hold the conference within ten working days. __ If the licensee fails to request a conference within ten working days after the day on which notice is served, the tax collector shall revoke the license. If the licensee requests a conference, the tax collector may not revoke the license until after the conference. __ If the tax collector revokes a license, the former licensee may apply for a new license at any time thereafter. If the reason for which the license was revoked no longer exists and if no other reason exists for refusing to issue a license, the tax collector shall issue the license in accordance with section 10-52. (Code 2003, § 10-56; Ord. No. 09-26, § 1(exh. A), 11-19-2009) Sec. 10-57. Form and contents of license. A license shall show the name of the person licensed, the place where the business is conducted, if it is to be conducted at one place, the nature of the business licensed, the period for which the license is issued, and the amount of tax paid. (Code 2003, § 10-57; Ord. No. 09-26, § 1(exh. A), 11-19-2009) Sec. 10-58. Assignments. A license may be assigned if a business licensed under this chapter and carried on at a fixed place is sold as a unit to any person and the purchaser is to carry on the same business at the same place. Such a change shall be reported to the tax collector in accordance with section 10-59. Otherwise, each license issued under this chapter is a personal privilege and is not assignable. (Code 2003, § 10-58; Ord. No. 09-26, § 1(exh. A), 11-19-2009) Sec. 10-59. Changes in the business conducted by licensee during the tax year. __ Report required. A licensee or an assignee shall report a change in the information contained in the license application to the tax collector within ten working days after the change occurs. If information shown on the license itself is affected, the licensee or assignee shall surrender the license to the tax collector when reporting the change. __ Changes affecting the amount of tax due. If there are no reasons for revoking the license under section 10-52 and the change results in the imposition of a separate or additional tax, the tax collector shall reissue a license reflecting the change upon payment of the separate or additional tax. __ Changes not affecting the amount of tax due. If there are no reasons for revoking the license under section 10-52 and the change does not result in an imposition of a separate or additional tax, the tax collector shall reissue a license reflecting the change upon payment of a fee of $10.00. __ Change requiring refusal of a license. If there is reason for revoking the license under section 10-52, the tax collector shall refuse to reissue a license and shall instead begin proceedings to revoke the license in accordance with section 10-56. (Code 2003, § 10-59; Ord. No. 09-26, § 1(exh. A), 11-19-2009) Sec. 10-60. Tax collector to furnish duplicates. Upon satisfactory proof that a license has been lost or destroyed, the tax collector shall furnish a duplicate for a fee of $5.00. (Code 2003, § 10-60; Ord. No. 09-26, § 1(exh. A), 11-19-2009) Sec. 10-61. Record of conferences.PROOFS The town manager shall maintain for three years a written verbatim of each conference held in accordance with this article. The verbatim transcript shall also contain the applicant's or licensee's name, the date of the conference, and a brief statement of the issues discussed and the result reached. After three years, the town manager or his designee shall dispose of the record in accordance with G.S. 121-5. (Code 2003, § 10-61; Ord. No. 09-26, § 1(exh. A), 11-19-2009) Sec. 10-62. Providing notice to an applicant or licensee. Whenever this chapter requires the tax collector to give a written statement or notice to an applicant or a licensee, the tax collector may do so in one of the following three ways: __ By personally delivering the statement or notice to the applicant or licensee; __ By mailing the statement or notice by registered or certified mail, return receipt requested, to the address specified for that purpose in the license application; or __ By causing the statement or notice to be served on the applicant or licensee in accordance with the procedures for service of process under N.C. Rules of Civ. Pro., rule 4. (Code 2003, § 10-62; Ord. No. 09-26, § 1(exh. A), 11-19-2009) Sec. 10-63. Notice of deficiency. If the tax collector determines that a person has not paid the full amount of tax due under this chapter, either for the current license year or for a prior license year, the tax collector shall give the person written notice of the deficiency, in accordance with section 10-62. The notice of deficiency shall specify the following: __ Total amount of tax due; __ Section of this chapter upon which the tax is based; __ Amount of tax paid; __ Interest due; __ Balance owed; __ Manner and time period in which the person may respond to the notice of the deficiency; and __ Consequences of failing to respond as specified. (Code 2003, § 10-63; Ord. No. 09-26, § 1(exh. A), 11-19-2009) Sec. 10-64. Request for a conference. A person may, within ten working days after the day on which notice of deficiency is served, file a written request for a conference with the tax collector. The request shall specify the person's objections to the notice of deficiency. By way of illustration but not limitation, a person who receives notice of a deficiency may object on the grounds that: __ The tax due has already been paid; __ The tax collector miscalculated the amount of tax due; __ The tax collector based his calculation on incorrect or insufficient information concerning either the nature or the amount of business conducted; or __ The tax collector based the determination on an erroneous interpretation of this chapter. (Code 2003, § 10-64; Ord. No. 09-26, § 1(exh. A), 11-19-2009) Sec. 10-65. Deficiency to become final. If the taxpayer fails to request a conference under section 10-64, the deficiency becomes final; and the tax collector shall proceed to collect the deficiency. (Code 2003, § 10-65; Ord.PROOFS No. 09-26, § 1(exh. A), 11-19-2009) Sec. 10-66. Conference held. If the taxpayer requests a conference, the tax collector shall not proceed to collect the deficiency until hearing the taxpayer's objections and determining that the deficiency should become final. The tax collector shall maintain a written verbatim record of each conference for three years in accordance with section 10-64. The written verbatim record shall contain the name of the taxpayer, the date of the conference, a brief statement of the issues discussed, and the results of the discussion. After three years, the tax collector shall dispose of the record in compliance with G.S. 121-5. (Code 2003, § 10-66; Ord. No. 09-26, § 1(exh. A), 11-19-2009) Sec. 10-67. Collection of deficiency. __ The tax collector may use any of the following methods to collect a deficiency: __ The remedies of levy, sale, attachment and garnishment in accordance with G.S. 160A-207; or __ The remedies of levy and sale of real and personal property of the taxpayer within the town in accordance with the provisions of G.S. 105-109. __ Any person who commences or continues to conduct a business taxed under this chapter without payment of the tax is liable for the additional tax of five percent every 30 days as imposed by G.S. 105-109. (Code 2003, § 10-67; Ord. No. 09-26, § 1(exh. A), 11-19-2009) Secs. 18-1--18-18. Reserved.
ARTICLE II. ADULT ESTABLISHMENTS* *State law reference—Adult establishments, G.S. 14-190.1 et seq., 160A-181.1. Sec. 18-19. Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Adult bookstore means a bookstore: (1) Which receives a majority of its gross income during any calendar month from the sale or rental of publications (including books, magazines, other periodicals, videotapes, compact discs, other photographic, electronic, magnetic, digital or other imaging medium) which are distinguished or characterized by their emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical areas; or (2) Having as a preponderance (either in terms of the weight and importance of the material or in terms of greater volume of materials) of its publications (including books, magazines, other periodicals, videotapes, compact discs, other photographic, electronic, magnetic, digital or other imaging medium) which are distinguished or characterized by their emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas. Adult establishment means an adult bookstore, adult motion picture theater, adult mini-motion picture theater, adult live entertainment business, or massage business. Adult live entertainment means any performance of or involving the actual presence of real people which exhibits specified sexual activities or specified anatomical areas. Adult live entertainment business means any establishment or business wherein adult live entertainment is shown for observation by patrons. Adult mini-motion picture theater means an enclosed building with viewing booths designed to hold patrons which is used for presenting motion pictures a preponderance of which are distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas for observation by patrons. Adult motion picture theater means an enclosed building or premises used for presenting motion pictures a preponderance of which are distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexualPROOFS activities or specified anatomical areas for observation by patrons. The term “adult motion picture theater” does not include any adult mini-motion picture theater. Massage means the manipulation of body muscle or tissue by rubbing, stroking, kneading or tapping, by hand or mechanical device. Massage business means any establishment or business wherein massage is practiced, including establishments commonly known as health clubs, physical culture studios, massage studios or massage parlors. Sexually oriented devices means, without limitation, any artificial or simulated specified anatomical area or other device or paraphernalia that is designed principally for specified sexual activities but shall not mean any contraceptive device. Specified anatomical areas means: (1) Less than completely and opaquely covered: a. Human genitals, pubic region; b. Buttock; or c. Female breast below a point immediately above the top of the areola; or (2) Human male genitals in a discernibly turgid state, even if completely and opaquely covered. Specified sexual activities means: (1) Human genitals in a state of sexual stimulation or arousal; (2) Acts of human masturbation, sexual intercourse or sodomy; or (3) Fondling or other erotic touching of human genitals, pubic regions, buttocks or female breasts. (Code 2003, § 10-101; Ord. No. 09-26, § 1(exh. A), 11-19-2009) Sec. 10-102. Prohibition.31 It shall be unlawful for any person to operate or cause to be operated an adult establishment. (Code 2003, § 10-102; Ord. No. 09-26, § 1(exh. A), 11-19-2009) Sec. 18-20. Penalty for violation. A violation of the provisions of this article shall be punished by a fine of up to $500.00 as provided in G.S. 14-4. Each day any violation of this article shall continue shall constitute a separate offense. (Code 2003, § 10-103; Ord. No. 09-26, § 1(exh. A), 11-19-2009) Sec. 18-21. Exemptions. Any act in the lawful practice of a profession by a person duly licensed in this state is exempted from this article. (Code 2003, § 10-104; Ord. No. 09-26, § 1(exh. A), 11-19-2009) Secs. 18-22--18-45. Reserved.
ARTICLE III. PEDDLING AND SOLICITING* *Editor's note— Ord. No. 15-09, adopted May 21, 2015, amended article IV in its entirety to read as herein set out. Formerly, article IV, sections 10-131—10-133, pertained to similar subject matter, and derived from Ord. No. 09-26, § 1(exh. A), adopted November 19, 2009. *State law reference—Regulation of soliciting and begging, G.S. 160A-178 et seq. Sec. 18-46. Peddlers and solicitors.32 (a) Intent. The purpose of this section is to regulate the door-to-door commercial activities offering for sale
31 PROOFS Legal Analysis: Code 2003, § 10-102. Prohibition. Review in light of the Zoning Code, which appears to allow in C-3. A total prohibition may be challenged on constitutional grounds. Deleted per 6/5/17 conference. 32 Legal Analysis: Code 2003, § 10-131. Peddlers and solicitors. Revised to avoid constitutional problems. See, e.g., City of Watseka v. Illinois Public Action Council, 796 F.2d 1547 (7th Cir. 1986), affd. 479 U.S. 1048, 109 S. Ct. 919, 93 L. Ed. 2d 972 (1987), reh. den. 480 U.S. 926, 107 S. Ct. 1389, 94 L. Ed. 2d 703; New Jersey Citizen Action Group v. Edison, 797 F.2d 1250 (3d Cir. 1986), cert. den. sub. nom. Township of Piscataway v. New Jersey, 479 U.S. 1103, 107 S. Ct. 1336, 94 L. Ed. 2d 186 (1987); Wisconsin Action and selling of goods, wares, merchandise, food, periodicals and services and the solicitation of orders therefore in residential areas of the town, and to regulate the begging and loitering of individuals or groups activity in public rights-of-way, and to thereby promote the public safety and welfare. It is not the intent of this article to restrict activities related to the constitutionally protected right to express views concerning political, social, religious or other like matters. (b) Restrictions. No permit shall be issued for solicitation in residential neighborhoods. No person or group shall solicit, beg, or loiter in the public right-of-way such that it impedes or impairs vehicular or pedestrian traffic. No person or group shall solicit, beg, or loiter in one general location of the public right-of-way for longer than 30 minutes. Additionally, it is unlawful to peddle or solicit unless the following requirements are met: (1) Such peddling/soliciting shall be permitted only between the hours of 9:00 a.m. and 6:00 9:00 p.m. during eastern daylight time and 9:00 a.m. to 5:00 8:00 p.m. during Eastern Standard Time. (2) The peddler/solicitor permit issued for that person shall be carried and displayed at all times while conducting such solicitations in such a manner as to be clearly visible to a reasonable person of adequate vision. (3) All other permits or licenses required by law shall have been obtained. (Code 2003, § 10-131; Ord. No. 15-09, 5-21-2015; altered in 2018 recodification) Sec. 18-47. Permit required for peddling and soliciting. (a) It is unlawful for any person, firm or corporation to sell, offer for sale, or solicit orders for goods, wares, merchandise, food, periodicals or services by going from door-to-door ("peddle" or "solicit") within the town unless such person shall first apply for and obtain a written permit from the town as referenced in section 18-49, 10-134, unless it is done with the prior request or invitation of the residents or occupants of the premises visited. (b) A permit is required by each and every person of an organization engaged in peddling or soliciting. (Code 2003, § 10-132; Ord. No. 15-09, 5-21-2015) Sec. 18-48. Permit required for Begging.33 __ It shall be unlawful for any person to engage in the business of soliciting of alms or begging charity for
Coalition v. City of Kenosha, 767 F.2d 1248 (7th Cir. 1985); ACORN v. City of Frontenac, 714 F.2d 813 (8th Cir. 1983); Massachusetts Fair Share Inc. v. Town of Rockland, 610 F. Supp. 682 (D.C. Mass. 1985); New York Community Action Network v. Town of Hempstead, 601 F. Supp. 1066 (E.D.N.Y. 1984); Connecticut Citizens Action Group v. Town of Southington, 508 F. Supp. 43. (D. Conn. 1980). OK per 6/5/17 conference. 33 Legal Analysis: Code 2003, § 10-133. Permit for begging. To avoid constitutional issues, recommend deleting this section and section 10-134 and 10-135 and replacing with the following – note that the permit requirement would be eliminated. Sec. 10-133. Begging. (a) The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning: Accosting meansPROOFS approaching or speaking to someone in such a manner as would cause a reasonable person to fear imminent bodily harm or the commission of a criminal act upon his person, or upon property in his immediate possession. Ask, beg and solicit mean and include, without limitation, the spoken, written or printed word or such other acts as are conducted in furtherance of the purpose of obtaining alms. Forcing oneself upon the company of another means continuing to request, beg or solicit alms from a person after that person has made a negative response, blocking the passage of the individual addressed or otherwise engaging in conduct which could reasonably be construed as intended to compel or force a person to accede to demands. (b) It shall be unlawful for any person to solicit money or other things of value: his benefit or for the benefit of any other person or organization, or a means of aid or for livelihood, within the town unless such person shall first apply for and obtain a written permit from the town as referenced in section 10-134. __ If any blind person seeks a permit to engage in soliciting of alms or begging charity within the town, such person shall furnish written evidence that his case has been investigated by the state commission for the blind and show the results of such investigation. No such blind person shall engage in the soliciting of alms or begging charity within the town limits until the case has been favorably investigated by the commission and such person has also obtained a permit from the town as referenced in section 10-134. __ A permit is required by each and every person of an organization engaged in begging or soliciting donations. (a) The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning: Accosting means approaching or speaking to someone in such a manner as would cause a reasonable person to fear imminent bodily harm or the commission of a criminal act upon his person, or upon property in his immediate possession. Ask, beg and solicit mean and include, without limitation, the spoken, written or printed word or such other acts as are conducted in furtherance of the purpose of obtaining alms. Forcing oneself upon the company of another means continuing to request, beg or solicit alms from a person after that person has made a negative response, blocking the passage of the individual addressed or otherwise engaging in conduct which could reasonably be construed as intended to compel or force a person to accede to demands. (b) It shall be unlawful for any person to solicit money or other things of value: (1) On private property if the owner, tenant or lawful occupant has asked the person not to solicit on the property, or has posted a sign clearly indicating that solicitations are not welcome on the property; (2) Within 15 feet of the entrance to or exit from any public toilet facility; (3) Within 15 feet of an automatic teller machine, provided that, when an automated teller machine is located within an automated teller machine facility, such distance shall be measured from the entrance or exit of
(1) On private property if the owner, tenant or lawful occupant has asked the person not to solicit on the property, or has posted a sign clearly indicating that solicitations are not welcome on the property; (2) Within 15 feet of the entrance to or exit from any public toilet facility; (3) Within 15 feet of an automatic teller machine, provided that, when an automated teller machine is located within an automated teller machine facility, such distance shall be measured from the entrance or exit of the automated teller machine facility; (4) Within 15 feet of any pay telephone, provided that, when a pay telephone is located within a telephone booth or other facility, such distance shall be measured from the entrance or exit of the telephone booth or facility; (5) In any public transportation vehicle, or in any bus or subway station, or within 15 feet of any bus stop or taxistand; (6) From any operatorPROOFS of a motor vehicle that is in traffic on a public street; provided, however, that this subsection shall not apply to services rendered in connection with emergency repairs requested by the owner or passengers of such vehicle; (7) From any persons who are waiting in line for entry to any building, public or private, including but not limited to any residence, business or athletic facility; or (8) Within 15 feet of the entrance to or exit from a building, public or private, including but not limited to any residence, business or athletic facility. (c) It shall be unlawful for any person to solicit money or other things of value: (1) By accosting another; or (2) By forcing oneself upon the company of another. the automated teller machine facility; (4) Within 15 feet of any pay telephone, provided that, when a pay telephone is located within a telephone booth or other facility, such distance shall be measured from the entrance or exit of the telephone booth or facility; (5) In any public transportation vehicle, or in any bus or subway station, or within 15 feet of any bus stop or taxistand; (6) From any operator of a motor vehicle that is in traffic on a public street; provided, however, that this subsection shall not apply to services rendered in connection with emergency repairs requested by the owner or passengers of such vehicle; (7) From any persons who are waiting in line for entry to any building, public or private, including but not limited to any residence, business or athletic facility; or (8) Within 15 feet of the entrance to or exit from a building, public or private, including but not limited to any residence, business or athletic facility. (c) It shall be unlawful for any person to solicit money or other things of value: (1) By accosting another; or (2) By forcing oneself upon the company of another. (Code 2003, § 10-133; Ord. No. 15-09, 5-21-2015; altered in 2018 recodification) Sec. 18-49. Permit applications. (a) Submission and content. Applications for peddler/solicitor/beggar permits under this section shall be submitted to the police department during normal business hours (Monday through Friday, 9:00 a.m. to 5:00 p.m. eastern time) on a form provided by the police department, under oath, and shall include the following information: (1) The full name of the applicant; (2) The permanent residence address of the applicant; (3) The applicant's temporary address in or in the vicinity of the town, if applicable; (4) The name and address of the applicant's employer or the organization with which the applicant is associated in connection with the sale activity or solicitation of orders, or begging or solicitation of donations; (5) The type(s) of goods, wares, merchandise, food, periodicals and services to be sold or offered for sale, or the purpose for which donations are to be solicited; (6) The period for which the application is sought, which shall not exceed 30 consecutive calendar days; provided that the permit may be renewed for 30-day periods without limit, upon proper application therefore; (7) The age, height, weight, and any other additional information which the town may reasonably require for identification, including a copy of the document(s) used by the applicant to verify personal identification (e.g., driver's license, passport, picture I.D.); (8) A complete listing of any information concerning all other permits or licenses, such as privilege licenses, which were obtainedPROOFS by the applicant; (9) If an application is filed by an employer, there shall also be filed separate applications for each peddler/solicitor giving the information set forth above for each peddler/solicitor and signed and sworn to by each peddler/solicitor, and a separate permit shall be issued for each applicant. (b) Procedures for considering applications. The following procedure will be followed upon receipt of application: (1) Upon receipt of a complete application, the police chief or his designee shall make or cause to be made such investigation as reasonably necessary to verify the information in the application and to ensure compliance with the provisions of this section and shall issue a permit unless the applicant: a. Has not submitted a complete application; b. Is not permitted by law to engage in such activity due to age; c. Has been convicted of, or has pleaded no contest to, a felony charge within the ten years preceding the submittal of the application; d. Has been, within the previous five years, convicted of, or pleaded no contest to, a misdemeanor charge within the ten years preceding the submittal of the application (involving theft, fraud, forging, uttering, or other crimes of like nature or any crime involving moral turpitude); e. Does not have valid driving privileges in the state in those cases where the applicant will be operating a vehicle in the course and scope of the peddling/soliciting; f. Has not obtained the necessary licenses, including privilege licenses; or G. Is associated with an organization, including its charitable or non-profit status that is not legitimate. (2) The police chief shall approve or deny an application and issue a permit as soon as possible and, except in the case of extraordinary circumstances, as when a number of applications are submitted within a short period of time, should act within 72 hours of receipt of the completed application. Such issued permit shall be nontransferable. (c) Permit renewal. A peddler/solicitor permit may be renewed for an unlimited number of 30-day periods, provided an application for renewal is made on such form as provided by the police chief no later than the expiration date on the current valid permit. Applications received after that date shall be processed as new applications. The police chief shall review each application for renewal to determine that the applicant is in full compliance with the provisions of this section. If the police department finds that the application meets the above requirements, the renewal permit shall be issued. (d) Appeals. The appeal of a refusal to issue a permit or the revocation of a permit shall be made to the town manager by filing a written notice of appeal, specifying with particularity the grounds upon which the appeal is made, no later than ten days from the date of the refusal to issue a permit or the revocation of a permit. The town manager or his designee shall fix a reasonable time for the hearing of the appeal, shall give due notice to all parties, and shall render a decision within 30 days. The order or decision of the town manager shall be the final municipal action. (Code 2003, § 10-134; Ord. No. 15-09, 5-21-2015; altered in 2018 recodification) Sec. 18-50. Exemptions. The provisions of this article sections 10-131 through 10-134 shall not apply to the following: (1) The circulation of petitions for signature or lawful distribution of advertising materials, flyers or other materials expressing views on political, social or religious matters. (2) The lawful promotion or expression of views concerning political, social, religious or similar matters. (Code 2003, § 10-135; Ord. No. 15-09, 5-21-2015) Secs. 18-51--18-73. Reserved.
ARTICLE IV. MOVIE INDUSTRY Sec. 18-74. Definitions.PROOFS The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: For the purposes of this article the following definitions shall apply unless the context clearly indicates or requires a different meaning. News purposes means any filming activity conducted for the purposes of reporting on persons, events or scenes which are in the news for newspapers, television news, and other news media. News purposes shall not include advertising or publicity films. Production company means any person, partnership, corporation or other legal entity engaged in the business of film-making activities subject to regulation under the provisions of this article. Public property means any property owned by or controlled by the town. Such property shall include, but not be limited to, public street rights-of-way within the town. (Code 2003, § 10-201; Ord. No. 09-26, § 1(exh. A), 11-19-2009) Sec. 18-75. Requirement for permit. Any production company undertaking filming activities within the town shall be required to secure a permit on forms provided by the office of the town manager and in accordance with the terms and conditions of this article. (Code 2003, § 10-202; Ord. No. 09-26, § 1(exh. A), 11-19-2009) Sec. 18-76. Town manager to issue permits. Permits required under the provisions of this article shall be issued by the town manager or his designee. Applications for permits shall be submitted utilizing forms provided by the office of the town manager and must be submitted to the town manager at least seven days in advance of any activities requiring issuance of such permit. (Code 2003, § 10-203; Ord. No. 09-26, § 1(exh. A), 11-19-2009) Sec. 18-77. Payment of security deposit. (a) If the activities described in the permit are to occur on public property, the applicant shall make a deposit of $7,500.00 as required by the town manager prior to issuance of a permit along with a certificate of insurance from a company licensed by the North Carolina state department of insurance with policy amounts satisfactory to the town. Additional requirements will be based on the overall impact production may have on public property. The deposit required under the provisions of this section shall be paid in cash or by certified funds or bank check payable to the town. Such deposit shall be delivered to the town at the time the application described in this article is delivered. The application required in accordance with the terms of this article shall be considered incomplete and shall not be considered by the town manager until and unless the deposit, as required herein, is made. (b) In the event the production company damages any public property in the course of carrying out its activities, the town may use the deposit described herein for the purpose of repairing such damages. Further, to the extent the town incurs costs which result solely from the activities pursuant to the permit and the production company fails to reimburse the town for such costs, then the town shall be permitted to utilize the deposit for payment in whole or in part of such expenses. Provided, however, that the giving of the deposit and use thereof as described in this section shall in no way limit the town's rights to recover from the production company for any loss, claim, or damage resulting from the activities undertaken by the production company. (c) Upon completion of the activities pursuant to the permit, the deposit shall be returned to the production company in the event there is no damage or loss resulting from the activities of the production company pursuant to the permit. No refund of deposit will be made until appropriate clearance has been received from the town manager or his designee. (Code 2003, § 10-204; Ord. No. 09-26, § 1(exh. A), 11-19-2009) Sec. 18-78. Use of town equipment or personnel. (a) The production company may request use of town equipment or personnel at the time its application for a permit is submitted. The town manager shall have the sole discretion to determine whether such equipment and personnel shall be madePROOFS available in accordance with such request. In the event equipment or personnel are made available, payment by the production company for the use of such equipment or personnel shall be made in accordance with the provisions of a schedule of charges approved by the town council and maintained in the office of the town manager. Payment for such equipment or personnel must be made prior to any refund of deposit. Such requests may be canceled up to 24 hours prior to the time that such equipment or personnel are required and in such event, the amount paid by the production company shall be refunded in full. In the event the request is canceled later than 24 hours prior to the time such personnel or equipment is requested, no refund shall be made. (b) Town equipment made available pursuant to this section shall be operated only by authorized and qualified town employees. (c) Should an emergency occur, the town reserves the right to temporarily suspend any commitments to production companies involving the use of town property. (Code 2003, § 10-205; Ord. No. 09-26, § 1(exh. A), 11-19-2009) Sec. 18-79. Issuance of permit, denial of permit and appeal. (a) The town manager or his designee is charged with the responsibility for issuing the permit to a production company as described herein. The town manager may refuse to issue a permit when the activity described in the request for the permit would create a situation that would prejudice the safety of the town or its inhabitants, would unnecessarily disturb the residents of the town, would unnecessarily impede traffic on streets within the town limits, or would violate any ordinance, statute or regulation of the town, state or United States Government. In the event the town manager denies a request for a permit, the applicant may appeal the town manager's decision to the town council. Such appeal will be heard by the town council at the next regularly scheduled meeting at which the appeal can be scheduled consistent with agenda deadlines established by the town manager. The decision of the town council shall be final. (b) Any application that requires the closing of a street for any period of time whatsoever shall be approved by the town council. The decision of the town council in such event shall be final. (c) Each filming location shall require a separate permit application. In cases where a security deposit is required, there shall only be one deposit required. (d) The issuance of a permit as described hereinabove does not include the right to use or occupy private property. In addition to the permit required under this article, a production company shall obtain a property owner's written permission to use such private property in any manner whatsoever. (Code 2003, § 10-206; Ord. No. 09-26, § 1(exh. A), 11-19-2009) Sec. 18-80. Changes in permit. No schedule, proposed activity, filming location or other matter as outlined in the permit application shall be changed by the production company without an amendment to the permit approved by the town manager. Any request for a permit amendment shall be submitted to the town manager at least 24 hours before any activity in the amendment is to occur. Any services contracted under section 18-78 10-205 will be billed if 24-hour notification is not received. (Code 2003, § 10-207; Ord. No. 09-26, § 1(exh. A), 11-19-2009) Sec. 18-81. Required use of law enforcement officers. A production company shall be required to utilize town law enforcement officers together with appropriate equipment as determined by the town manager to assist in any circumstance where traffic is affected by the filming activities or where such activities may cause crowd control problems. The determination as to whether law enforcement officers and equipment are needed and the required number of law enforcement officers and equipment shall be made exclusively by the town manager. In the event law enforcement officers and associated equipment are required, the cost of such shall be paid by the production company in accordance with the schedule referred to in section 18-78. 10-205 above. All payments for services must be paid prior to release of any deposit made by the production company. (Code 2003, § 10-208; Ord. No. 09-26, § 1(exh. A), 11-19-2009) Sec. 18-82. Use of explosives,PROOFS special effects and similar devices. No filming activity may be undertaken which involves the use of explosives, pyrotechnics, fire, smoke-making machines or other special effects designed for simulation of fire or explosion unless specifically approved by the town manager. The use of such equipment shall be strictly in accordance with any local, state or federal ordinances, statutes and regulations. The permit application submitted in conjunction with any filming activities undertaking the use of such materials shall include a specific description of the plans for the storage, handling and transfer of any explosive devices, pyrotechnics or other incendiary devices or any materials of a hazardous nature that may be used in connection with such filming. (Code 2003, § 10-209; Ord. No. 09-26, § 1(exh. A), 11-19-2009) Sec. 18-83. Changes in structures. Any alteration of a structure in connection with filming, either temporarily or permanently, shall be carried out in accordance with the North carolina state building code and shall require any applicable permits from the town or the Brunswick county building inspection office. (Code 2003, § 10-210; Ord. No. 09-26, § 1(exh. A), 11-19-2009) Sec. 18-84. Discharge into waterways. Any production company undertaking filming operations which might result in the discharge of any substances into the waterways surrounding the town will specifically outline in their application a plan for preventing such discharge. (Code 2003, § 10-211; Ord. No. 09-26, § 1(exh. A), 11-19-2009) Sec. 18-85. Notice to adjacent residents. All residents of premises in any area where filming activities may cause an inconvenience or an interruption of normal activities are required to be notified at least five days prior to the filming of the date and time such filming is to be undertaken. Such notice shall give the residents the name, local address and local telephone number of a person employed by the production company that can be contacted concerning such filming. The town manager, or his designee, may require signed acknowledgments from such residents acknowledging receipt of such notification in the case of unusual filming circumstances or where the residents may be particularly sensitive to filming activities because of the location or configuration of the surrounding area. (Code 2003, § 10-212; Ord. No. 09-26, § 1(exh. A), 11-19-2009) Sec. 18-86. Evidence of insurance. If required as a condition of issuance of the permit, the production company shall submit a policy of insurance naming the town as an additional insured. Such policy is to be written with an insurance carrier licensed in North Carolina the state and in an amount satisfactory to the town. (Code 2003, § 10-213; Ord. No. 09-26, § 1(exh. A), 11-19-2009) Sec. 18-87. Restriction on filming hours. No filming shall be conducted in residential areas between the hours of 11:00 p.m. and 7:00 a.m. unless specifically allowed in the permit issued by the town manager. (Code 2003, § 10-214; Ord. No. 09-26, § 1(exh. A), 11-19-2009) Sec. 18-88. Solid waste disposal. If required by the permit issued by the town, the production company shall utilize a dumpster or other receptacle as required by the town for the disposition of solid waste, trash or garbage generated as a result of the filming activities. (Code 2003, § 10-215; Ord. No. 09-26, § 1(exh. A), 11-19-2009) Sec. 18-89. Suspension or revocation of permit. (a) The film permit may be suspended or revoked by the town manager or his designee if the permittee, its agents, employees or contractors, fail to comply with the requirements as set forth in this article, or with conditions imposed in the filming permit;PROOFS or, if the town manager or his designee determines that the permit was issued based on false or misleading information, or that the public safety or welfare is being imperiled by the filming activity. (b) If a permit is suspended or revoked, the production company shall cease operations immediately. The permit shall only be reactivated upon approval of the town manager or his designee. (c) Except for activities necessary to close down the location and remove equipment and other property of the permit holder, no permittee shall allow any filming activity to continue after the suspension or revocation of a film permit pursuant to this section. (d) Appeals of the permit suspension or revocation shall be conducted in the manner specified in section 18- 79.10-206. (Code 2003, § 10-216; Ord. No. 09-26, § 1(exh. A), 11-19-2009) Sec. 18-90. Permit exemptions. The following exemptions shall apply: (1) Filming activities for news purposes as defined in this section. (2) Filming activities conducted for use in a criminal investigation or other governmental use. (3) Filming activities conducted solely for private or family use. (4) Filming activities by students for the purpose of fulfilling class work assignments; filming activities conducted by recognized public or private schools. (5) Filming performed by a business entity conducted at the place of business to promote sales events, announcements or other lawful activities. (Code 2003, § 10-217; Ord. No. 09-26, § 1(exh. A), 11-19-2009) Sec. 10-218. Penalty.34 Violation of any provision of this article shall be a misdemeanor punishable as provided in G.S. 14-4, to include, but not be limited to, a fine not to exceed $500.00. (Code 2003, § 10-218; Ord. No. 09-26, § 1(exh. A), 11-19-2009)
PROOFS
34 Legal Analysis: Code 2003, § 10-218. Penalty. Deleted to use general penalty § 1-14. OK per 6/5/17 conference.
Chapters 19--21 RESERVED
PROOFS
Chapter 22 12 CIVIL EMERGENCIES* *Editor's note— Ord. No. 09-27, § 1(exh. A), adopted Nov. 19, 2009, repealed ch. 12 in its entirety and enacted a new ch. 12 as set out herein. The former ch. 12 pertained to similar subject matter and derived from Ord. No. 96-3, §§ 1—13, adopted Nov. 21, 1996; Ord. No. 00-06, §§ 1, 2, adopted Nov. 16, 2000. *State law reference—Power of municipalities to enact ordinances to deal with states of emergency, G.S. 14-288.12; North Carolina Emergency Management Act, G.S. 166A-19 et seq. Sec. 22-1. State of emergency; restrictions authorized. 35 (a) An emergency shall be deemed to exist whenever there is an occurrence or imminent threat of widespread or severe damage, injury or loss of life or property resulting from any natural or manmade accidental, military, paramilitary, terrorism, weather-related public health, explosion-related, or riot-related cause, or technological failure or accident, including, but not limited to, a cyber incident, an explosion, a transportation accident, a radiological accident or a chemical or other hazardous material incident. (b) Upon a determination that an emergency exists, the mayor is authorized and empowered under G.S. 166A-19.22 to declare a state of emergency and to impose by declaration those prohibitions and restrictions set forth in this chapter and in G.S. 166A-19.31. (c) The mayor is authorized and empowered to limit by the declaration the application of all or any part of such restrictions to any area specifically designated or described within the town limits and to specific hours of the day or night, and to exempt from all or any part of such restrictions, while acting in the line of and within the scope of their respective duties, law enforcement officers, firefighters and other public employees, rescue squad members, doctors, nurses, employees of hospitals and other medical facilities; on-duty military personnel, whether state or federal; on-duty employees of public utilities, public transportation companies, and newspaper, magazine, radio broadcasting, and television broadcasting corporations operated for profit; and such other classes of persons as may be essential to the preservation of public order and immediately necessary to serve the safety, health and welfare needs of the people within the town. (Code 2003, § 12-1; Ord. No. 09-27, § 1(exh. A), 11-19-2009; Ord. No. 14-18, § 1, 11-20-2014; altered in 2018 recodification) Sec. 22-2. Declaration imposing prohibitions and restrictions. (a) The mayor by declaration may impose the prohibitions and restrictions specified in sections 22-3—22-8 12-3—12-9 in the manner described in those sections. The mayor may impose any additional prohibitions and restrictions set forth in G.S. 166A-19.31. The mayor may impose as many of those specified prohibitions and restrictions as he or she finds are necessary, because of an emergency, to maintain an acceptable level of public order and services, and to protect lives, safety and property. (b) The declaration shall be in writing and shall set forth the prohibitions and restrictions enacted. The declaration shall take effect in the town limits immediately upon publication of the declaration unless the declaration sets a later time. Publication may consist of reports of the substance of the prohibitions and restrictions in the mass communications media serving the emergency area or other effective methods of disseminating the necessary information quickly. AsPROOFS soon as practicable, however, appropriate distribution of the full text of any declaration shall be made. (Code 2003, § 12-2; Ord. No. 09-27, § 1(exh. A), 11-19-2009; Ord. No. 14-18, § 2, 11-20-2014) Editor's note— Ord. No. 14-18, § 2, adopted November 20, 2014, changed the title of section 12-2 from "Proclamation imposing prohibitions and restrictions" to "Declaration imposing prohibitions and restrictions." The historical notation has been
35 Legal Analysis: Code 2003, § 12-1. State of emergency; restrictions authorized. Revised to use definition of emergency in N.C.G.S. § 166A-19.3. OK per 6/5/17 conference. preserved for reference purposes. Sec. 22-3. Restrictions on movements of people and evacuation. The mayor's declaration may include prohibitions and restrictions on movements of people in public places and may direct and compel the voluntary or mandatory evacuation of all or part of the population from any stricken or threatened area within the town's jurisdiction; may prescribe routes, modes of transportation, and destinations in connection with evacuation; and may control ingress and egress of the town and the movement of persons within the town limits. (Code 2003, § 12-3; Ord. No. 14-18, § 3, 11-20-2014) Editor's note— Ord. No. 14-18, §§ 3, 4, adopted November 20, 2014, amended sections 12-3 and 12-4 in their entirety to read as herein set out. Formerly, sections 12-3 and 12-4 pertained to evacuation and curfew, respectively, and derived from Ord. No. 09-27, § 1(exh. A), adopted November 19, 2009. Sec. 22-4. Curfew. (a) The mayor's declaration may impose a curfew prohibiting, in certain areas and during certain periods, the appearance in public of anyone who is not a member of an exempted class. The proclamation shall specify the geographical area and the period during each 24-hour day to which the curfew applies. The mayor may exempt from some or all of the curfew restrictions classes of people whose exemption the mayor finds necessary for the preservation of the public health, safety and welfare. The declaration shall state the exempted classes and the restrictions from which each is exempted. (b) Unless otherwise specified in the proclamation, the curfew shall apply during the specified period each day until the mayor by declaration removes the curfew. (Code 2003, § 12-4; Ord. No. 14-18, § 4, 11-20-2014) Editor's note— See editor's note at section 12-4. Sec. 22-5. Restrictions on possession, consumption, and transfer of alcoholic beverages. (a) The mayor's declaration of emergency may include prohibitions and restrictions upon the possession, transportation, sale, purchase and consumption of alcoholic beverages. (b) If imposed, the restrictions shall apply throughout the jurisdiction of the town or such part of the town as designated in the declaration. (Code 2003, § 12-5; Ord. No. 09-27, § 1(exh. A), 11-19-2009; Ord. No. 14-18, § 5, 11-20-2014) Sec. 22-6. Restrictions on possession, transportation and transfer of dangerous weapons and substances. (a) The mayor's declaration of emergency may include prohibitions and restrictions upon the possession, transportation, sale, purchase, storage and use of gasoline and dangerous weapons and substances except that this section does not authorize prohibitions or restrictions on lawfully possessed firearms or ammunition. As used in this section, the term "dangerous weapons and substances" has the same meaning as it does under G.S. 14-288.1. As used in this section, the term "firearm" has the same meaning as it does under G.S. 14-409.39(2). (b) If imposed, the restrictions shall apply throughout the jurisdiction of the town or such part thereof as designated in the declaration. (Code 2003, § 12-6; Ord. No. 09-27, § 1(exh. A), 11-19-2009; Ord. No. 14-18, § 6, 11-20-2014) Sec. 22-7. Restrictions PROOFSon other activities or conditions. The mayor's declaration of emergency may permit prohibitions and restrictions of other activities or conditions, the control of which may be reasonably necessary in order to maintain order and protect lives or property during the state of emergency. (Code 2003, § 12-7; Ord. No. 14-18, § 7, 11-20-2014) Editor's note— Ord. No. 14-18, §§ 7, 8, adopted November 20, 2014, amended sections 12-7 and 12-8 in their entirety to read as herein set out. Formerly, sections 12-7 and 12-8 pertained to restrictions on access to areas and restrictions on price gouging, respectively, and derived from Ord. No. 09-27, § 1(exh. A), adopted November 20, 2014. Sec. 22-8. Imposition of prohibitions and restrictions. The authority granted to the mayor herein to impose prohibitions and restrictions need not require or provide for the imposition of all of the types of prohibitions or restrictions specified herein or any particular prohibition or restriction but may instead authorize the mayor to determine and impose the prohibitions or restrictions deemed necessary or suitable to the particular state of emergency. (Code 2003, § 12-8; Ord. No. 14-18, § 8, 11-20-2014) Editor's note— See editor's note at section 12-7. Sec. 22-9. Reserved. Editor's note— Ord. No. 14-18, § 9, adopted November 20, 2014, repealed the former section 12-9 in its entirety to read as herein set out. Formerly, section 12-9 pertained to prohibitions and restrictions, and derived from Ord. No. 09-27, § 1(exh. A), adopted November 20, 2014. Sec. 22-9. Expiration of prohibitions and restrictions. Prohibitions and restrictions imposed pursuant to this chapter shall expire upon the earliest occurrence of any of the following: (1) The prohibitions and restrictions are terminated by the mayor; (2) The state of emergency terminates. (Code 2003, § 12-10; Ord. No. 09-27, § 1(exh. A), 11-19-2009; Ord. No. 14-18, § 10, 11-20-2014) Editor's note— Ord. No. 14-18, § 10, adopted November 20, 2014, changed the title of section 12-10 from "Removal of prohibitions and restrictions" to "Expiration of prohibitions and restrictions." The historical notation has been preserved for reference purposes. Sec. 22-10. Superseding and amendatory declarations. The mayor in his discretion may invoke the restrictions authorized by this chapter in separate declarations and may amend any declaration by means of a superseding declaration in accordance with the procedures set forth in section 22-2. (Code 2003, § 12-11; Ord. No. 09-27, § 1(exh. A), 11-19-2009; Ord. No. 14-18, § 11, 11-20-2014) Sec. 22-11. Termination of proclamation. Any proclamation issued under this chapter shall expire 30 days after its last imposition unless sooner terminated in writing under the same procedures set forth in section 22-2 for proclamations. (Code 2003, § 12-12; Ord. No. 09-27, § 1(exh. A), 11-19-2009) Sec. 22-12. In case of absence or disability of mayor. In case of the absence or disability of the mayor, the mayor pro tempore shall have and exercise all of the powers given the mayor in this chapter. In case of the absence or disability of the mayor pro tempore, such other person as designated by the town council shall have and exercise all of the powers given the mayor in this chapter. (Code 2003, § 12-13; Ord. No. 09-27, § 1(exh. A), 11-19-2009) Sec. 22-13. Penalty for violation.36 (a) Any person violating any prohibition or restriction imposed by a declaration of emergency authorized by this chapter shall be subjectPROOFS to the following penalties: (1) A violation of any prohibition or restriction shall constitute a Class 2 misdemeanor in accordance with G.S. 14-288.20A. (2) A violation of any prohibition or restriction shall subject the offender to a civil penalty in the amount of
36 Legal Analysis: Code 2003, § 12-14. Penalty for violation. Revised to reference code § 1- 14. Keep per 6/5/17 conference. $500.00 to be recovered by the town in a civil action in the nature of debt if the offender does not pay the penalty within 15 days after having been cited for violation of such prohibition or restriction. (3) A person who willfully ignores a warning regarding personal safety issued by a federal, state, or local law enforcement agency, emergency management agency, or other governmental agency responsible for emergency management under this chapter is civilly liable in the manner set forth in G.S. 166A-19.62. (b) Each day's continuing violation of such prohibition or restriction shall be a separate and distinct offense. (Code 2003, § 12-14; Ord. No. 09-27, § 1(exh. A), 11-19-2009; Ord. No. 14-18, § 12, 11-20-2014)
PROOFS
Chapters 23--25 RESERVED
PROOFS
Chapter 26 ENVIRONMENT, FLOODS AND STORMWATER
Chapter 16
FLOODS
ARTICLE I. IN GENERAL Secs. 26-1--26-18. Reserved.
ARTICLE II. FLOOD DAMAGE PREVENTION* *Editor's note— Ord. No. 06-11, § 1, adopted April 20, 2006, amended art. II in its entirety to read as herein set out. Former art. II, §§ 16-31—16-48, 16-71—16-75, pertained to similar subject matter, and derived from Ord. of 9-17-1992, § 20-1(arts. 1—5). *State law reference—Floodway regulations, G.S. 160A-458.1 Sec. 16-31. Statutory authorization.37 The Legislature of the State of North Carolina has in Part 6, Article 21 of Chapter 143; Parts 3, 5, and 8 of Article 19 of Chapter 160A; and Article 8 of Chapter 160A of the North Carolina General Statutes, delegated to local governmental units the responsibility to adopt regulations designed to promote the public health, safety, and general welfare of its citizenry. (Code 2003, § 16-31; Ord. No. 06-11, § 1, 4-20-2006) Sec. 26-19. Findings of fact. (a) The floodprone areas within the jurisdiction of the town of Leland are subject to periodic inundation which results in loss of life, property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures of flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety, and general welfare. (b) These flood losses are caused by the cumulative effect of obstructions in floodplains causing increases in flood heights and velocities and by the occupancy in floodprone areas of uses vulnerable to floods or other hazards. (Code 2003, § 16-32; Ord. No. 06-11, § 1, 4-20-2006) Sec. 26-20. Statement of purpose. It is the purpose of this article to promote public health, safety, and general welfare and to minimize public and private losses due to flood conditions within floodprone areas by provisions designed to: (1) Restrict or prohibit uses that are dangerous to health, safety, and property due to water or erosion hazards or that result in damaging increases in erosion, flood heights or velocities; (2) Require that usesPROOFS vulnerable to floods, including facilities that serve such uses, be protected against flood damage at the time of initial construction; (3) Control the alteration of natural floodplains, stream channels, and natural protective barriers, which are involved in the accommodation of floodwaters;
37 Legal Analysis: Code 2003, § 16-31. Statutory authority. Deleted as not needed. OK per 6/5/17 conference. (4) Control filling, grading, dredging, and all other development that may increase erosion or flood damage; and (5) Prevent or regulate the construction of flood barriers that will unnaturally divert floodwaters or which may increase flood hazards to other lands. (Code 2003, § 16-33; Ord. No. 06-11, § 1, 4-20-2006) Sec. 26-21. Objectives. The objectives of this article are: (1) To protect human life and health; (2) To minimize expenditure of public money for costly flood control projects; (3) To minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public; (4) To minimize prolonged business losses and interruptions; (5) To minimize damage to public facilities and utilities (i.e., water and gas mains, electric, telephone, cable and sewer lines, streets, and bridges) that are located in floodprone areas; (6) To help maintain a stable tax base by providing for the sound use and development of floodprone areas; and (7) To ensure that potential buyers are aware that property is in a special flood hazard area. (Code 2003, § 16-34; Ord. No. 06-11, § 1, 4-20-2006) Sec. 26-22. Definitions.38 The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Unless specifically defined below, words or phrases used in this article shall be interpreted so as to give them the meaning they have in common usage and to give this article its most reasonable application. Accessory structure (appurtenant structure) means a structure located on the same parcel of property as the principal structure and the use of which is incidental to the use of the principal structure. Garages, carports and storage sheds are common urban accessory structures. Pole barns, hay sheds and the like qualify as accessory structures on farms, and may or may not be located on the same parcel as the farm dwelling or shop building. Addition (to an existing building) means an extension or increase in the floor area or height of a building or structure. Appeal means a request for a review of the floodplain administrator's interpretation of any provision of this article. Area of shallow flooding means a designated Zone AO on a community's flood insurance rate map (FIRM) with base flood depths determined to be from one to three feet. These areas are located where a clearly defined channel does not exist, where the path of flooding is unpredictable and indeterminate, and where velocity flow may be evident. Area of special flood hazard. See Special flood hazard area (SFHA). Basement means anyPROOFS area of the building having its floor subgrade (below ground level) on all sides. Base flood means the flood having a one percent chance of being equaled or exceeded in any given year. Base flood elevation (BFE) means a determination of the water surface elevations of the base flood as
38 Legal Analysis: Code 2003, § 16-35. Definitions. Updated citations. Deleted language in definition of solid waste disposal facility as it is not defined in G.S. 130A-290(a)(35). OK per 6/5/17 conference. published in the flood insurance study. When the BFE has not been provided in a special flood hazard area, it may be obtained from engineering studies available from a federal or state or other source using FEMA-approved engineering methodologies. This elevation, when combined with the freeboard, establishes the regulatory flood protection elevation. Building. See Structure. Chemical storage facility means a building, portion of a building, or exterior area adjacent to a building used for the storage of any chemical or chemically reactive products. Development means any manmade change to improved or unimproved real estate, including, but not limited to, buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations, or storage of equipment or materials. Disposal means, as defined in G.S. 130A-290(a)(6), the discharge, deposit, injection, dumping, spilling, leaking, or placing of any solid waste into or on any land or water so that the solid waste or any constituent part of the solid waste may enter the environment or be emitted into the air or discharged into any waters, including groundwaters. Elevated building means a non-basement building which has its lowest elevated floor raised above ground level by foundation walls, shear walls, posts, piers, pilings, or columns. Encroachment means the advance or infringement of uses, fill, excavation, buildings, permanent structures or development into a floodplain, which may impede or alter the flow capacity of a floodplain. Existing manufactured home park or manufactured home subdivision means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) was completed before the original effective date of the floodplain management regulations adopted by the community. Flood or flooding means a general and temporary condition of partial or complete inundation of normally dry land areas from: (1) The overflow of inland or tidal waters; and/or (2) The unusual and rapid accumulation of runoff of surface waters from any source. Flood boundary and flood map (FBFM) means an official map of a community, issued by the Federal Emergency Management Agency, on which the special flood hazard areas and the floodways are delineated. This official map is a supplement to and shall be used in conjunction with the flood insurance rate map (FIRM). Flood hazard boundary map means an official map of a community, issued by the Federal Emergency Management Agency, where the boundaries of the special flood hazard areas have been defined as Zone A. Flood insurance means the insurance coverage provided under the National Flood Insurance Program. Flood insurance rate map means an official map of a community, issued by the Federal Emergency Management Agency, on which both the special flood hazard areas and the risk premium zones applicable to the community are delineated. Flood insurance study (FIS) means an examination, evaluation, and determination of flood hazards, corresponding water surface elevations (if appropriate), flood hazard risk zones, and other flood data in a community issued by the Federal EmergencyPROOFS Management Agency. The flood insurance study report includes flood insurance rate maps (FIRMs) and flood boundary and floodway maps (FBFMs), if published. Floodplain means any land area susceptible to being inundated by water from any source. Floodplain administrator means the individual appointed to administer and enforce the floodplain management regulations. Floodplain development permit means any type of permit that is required in conformance with the provisions of this article, prior to the commencement of any development activity. Floodplain management means the operation of an overall program of corrective and preventive measures for reducing flood damage and preserving and enhancing, where possible, natural resources in the floodplain, including, but not limited to, emergency preparedness plans, flood control works, floodplain management regulations, and open space plans. Floodplain management regulations means this article and other zoning ordinances, subdivision regulations, building codes, health regulations, special purpose ordinances, and other applications of police power which control development in floodprone areas. The term “floodplain management regulations” describes federal, state or local regulations, in any combination thereof, which provide standards for preventing and reducing flood loss and damage. Floodprone area. See Floodplain. Floodproofing means any combination of structural and nonstructural additions, changes, or adjustments to structures, which reduce or eliminate flood damage to real estate or improved real property, water and sanitation facilities, structures, and their contents. Floodway means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot. Flood zone means a geographical area shown on a flood hazard boundary map or flood insurance rate map that reflects the severity or type of flooding in the area. Freeboard means the height added to the base flood elevation (BFE) to account for the many unknown factors that could contribute to flood heights greater that the height calculated for a selected size flood and floodway conditions, such as wave action, bridge openings, and the hydrological effect of urbanization on the watershed. The base flood elevation plus the freeboard establishes the regulatory flood protection elevation. Functionally dependent facility means a facility which cannot be used for its intended purpose unless it is located in close proximity to water, such as a docking or port facility necessary for the loading and unloading of cargo or passengers, shipbuilding, or ship repair. The term “functionally dependent facility” does not include long- term storage, manufacture, sales, or service facilities. Hazardous waste facility means, as defined in G.S. 130A-290(a)(9), Article 9, a facility for the collection, storage, processing, treatment, recycling, recovery, or disposal of hazardous waste. Highest adjacent grade (HAG) means the highest natural elevation of the ground surface, prior to construction, immediately next to the proposed walls of the structure. Historic structure means any structure that is: (1) Listed individually in the National Register of Historic Places (a listing maintained by the U.S. Department of Interior) or preliminarily determined by the Secretary of Interior as meeting the requirements for individual listing on the National Register; (2) Certified or preliminarily determined by the Secretary of Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district; (3) Individually listed on a local inventory of historic landmarks in communities with a "Certified Local Government (CLG) Program;” or (4) Certified as contributing to the historical significance of a historic district designated by a community with a "CertifiedPROOFS Local Government (CLG) Program. “ Certified Local Government (CLG) Programs are approved by the U.S. Department of the Interior in cooperation with the North Carolina state department of cultural resources through the state historic preservation officer as having met the requirements of the National Historic Preservation Act of 1966 as amended in 1980. Lowest adjacent grade (LAG) means the elevation of the ground, sidewalk or patio slab immediately next to the building, or deck support, after completion of the building. Lowest floor means lowest floor of the lowest enclosed area (including basement). An unfinished or flood resistant enclosure, usable solely for parking of vehicles, building access, or limited storage in an area other than a basement area is not considered a building's lowest floor, provided that such an enclosure is not built so as to render the structure in violation of the applicable non-elevation design requirements of this article. Manufactured home means a structure, transportable in one or more sections, which is built on a permanent chassis and designed to be used with or without a permanent foundation when connected to the required utilities. The term "manufactured home" does not include a recreational vehicle. Manufactured home park or subdivision means a parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale. Market value means the building value, not including the land value and that of any accessory structures or other improvements on the lot. Market value may be established by independent certified appraisal; replacement cost depreciated for age of building and quality of construction (actual cash value); or adjusted tax assessed values. Mean sea level means, for purposes of this article, the National Geodetic Vertical Datum (NGVD) as corrected in 1929, the North American Vertical Datum (NAVD) as corrected in 1988, or other vertical control datum used as a reference for establishing varying elevations within the floodplain, to which base flood elevations (BFEs) shown on a FIRM are referenced. Refer to each FIRM panel to determine datum used. New construction means structures for which the "start of construction" commenced on or after the effective date of the original version of the community's flood damage prevention ordinance and includes any subsequent improvements to such structures. Non-encroachment area means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot as designated in the flood insurance study report. Post-FIRM means construction or other development for which the "start of construction" occurred on or after the effective date of the initial flood insurance rate map for the area. Pre-FIRM means construction or other development for which the "start of construction" occurred before the effective date of the initial flood insurance rate map for the area. Principally above ground means that at least 51 percent of the actual cash value of the structure is above ground. Public safety and/or nuisance means anything which is injurious to the safety or health of an entire community or neighborhood, or any considerable number of persons; or unlawfully obstructs the free passage or use, in the customary manner, of any navigable lake, or river, bay, stream, canal, or basin. Recreational vehicle (RV) means a vehicle, which is: (1) Built on a single chassis; (2) 400 square feet or less when measured at the largest horizontal projection; (3) Designed to be self-propelled or permanently towable by a light duty truck; and (4) Designed primarily not for use as a permanent dwelling, but as temporary living quarters for recreational, camping, travel, or seasonal use. Reference level means the top of the lowest floor for structures within special flood hazard areas designated as Zone A1—A30, AE, A, A99 or AO. Regulatory flood protection elevation means the base flood elevation plus the freeboard. In special flood hazard areas where base flood elevations (BFEs) have been determined, this elevation shall be the BFE plus two feet of freeboard. In specialPROOFS flood hazard areas where no BFE has been established, this elevation shall be at least two feet above the highest adjacent grade. Remedy a violation means to bring the structure or other development into compliance with state and community floodplain management regulations, or, if this is not possible, to reduce the impacts of its noncompliance. Ways that impacts may be reduced include protecting the structure or other affected development from flood damages, implementing the enforcement provisions of this article or otherwise deterring future similar violations, or reducing federal financial exposure with regard to the structure or other development. Riverine means relating to, formed by, or resembling a river (including tributaries), stream, brook, etc. Salvage yard means any nonresidential property used for the storage, collection, and/or recycling of any type of equipment, and including but not limited to vehicles, appliances and related machinery. Solid waste disposal facility means, as defined in NCGS 130A-290(a)(35), any facility involved in the disposal of solid waste. Solid waste disposal site means, as defined in NCG.S. 130A-290(a)(36), any place at which solid wastes are disposed of by incineration, sanitary landfill, or any other method. Special flood hazard area (SFHA) means the land in the floodplain subject to a one percent or greater chance of being flooded in any given year, as determined in section 26-24. 16-37. of this article. Start of construction includes substantial improvement, and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition placement, or other improvement was within 180 days of the permit date. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading, and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of the building, whether or not that alteration affects the external dimensions of the building. Structure means a walled and roofed building, a manufactured home, or a gas, liquid, or liquefied gas storage tank that is principally above ground. Substantial damage means damage of any origin sustained by a structure during any one-year period whereby the cost of restoring the structure to its before damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred. See definition of "substantial improvement. ‘ Substantial damage also means flood-related damage sustained by a structure on two separate occasions during a ten-year period for which the cost of repairs at the time of each such flood event, on the average, equals or exceeds 25 percent of the market value of the structure before the damage occurred. Substantial improvement means any combination of repairs, reconstruction, rehabilitation, addition, or other improvement of a structure, taking place during any one-year period for which the cost equals or exceeds 50 percent of the market value of the structure before the start of construction of the improvement. The term “substantial improvement” includes structures which have incurred substantial damage, regardless of the actual repair work performed. The term “substantial improvement” does not, however, include either: (1) Any correction of existing violations of state or community health, sanitary, or safety code specifications which have been identified by the community code enforcement official and which are the minimum necessary to ensure safe living conditions; or (2) Any alteration of a historic structure, provided that the alteration will not preclude the structure's continued designation as a historic structure. Variance means a grant of relief from the requirements of this article. Violation means the failure of a structure or other development to be fully compliant with the community's floodplain management regulations. A structure or other development without the elevation certificate, other certifications, or other evidencePROOFS of compliance required under section 26-32 16-45 through section 26-41 16-56 is presumed to be in violation until such time as that documentation is provided. Watercourse means a lake, river, creek, stream, wash, channel or other topographic feature on or over which waters flow at least periodically. The term “watercourse” includes specifically designated areas in which substantial flood damage may occur. Water surface elevation (WSE) means the height, in relation to mean sea level, of floods of various magnitudes and frequencies in the floodplains of coastal or riverine areas. (Code 2003, § 16-35; Ord. No. 06-11, § 1, 4-20-2006; altered in 2018 recodification) Sec. 26-23. Lands to which this article applies. This article shall apply to all special flood hazard areas within the jurisdiction, including extra-territorial jurisdictions (ETJs) if applicable, of the town of Leland and within the jurisdiction of any other community whose governing body agrees, by resolution, to such applicability. (Code 2003, § 16-36; Ord. No. 06-11, § 1, 4-20-2006) Sec. 26-24. Basis for establishing the special flood hazard areas. The special flood hazard areas are those identified under the cooperating technical state (CTS) agreement between the state of North Carolina and FEMA in its flood insurance study (FIS) and its accompanying flood insurance rate maps (FIRM) for the county, dated June 2, 2006, which are adopted by reference and declared to be a part of this article. (Code 2003, § 16-37; Ord. No. 06-11, § 1, 4-20-2006) Sec. 26-25. Establishment of floodplain development permit. A floodplain development permit shall be required in conformance with the provisions of this article prior to the commencement of any development activities within special flood hazard areas determined in accordance with section 26-24. 16-37of this article (Code 2003, § 16-38) Sec. 26-26. Compliance. No structure or land shall hereafter be located, extended, converted, altered, or developed in any way without full compliance with the terms of this article and other applicable regulations. (Code 2003, § 16-39; Ord. No. 06-11, § 1, 4-20-2006) Sec. 26-27. Abrogation and greater restrictions. This article is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this article and another conflict or overlap, whichever imposes the more stringent restrictions shall prevail. (Code 2003, § 16-40; Ord. No. 06-11, § 1, 4-20-2006) Sec. 26-28. Interpretation. In the interpretation and application of this article, all provisions shall be: (1) Considered as minimum requirements; (2) Liberally construed in favor of the governing body; and (3) Deemed neither to limit nor repeal any other powers granted under state statutes. (Code 2003, § 16-41; Ord. No. 06-11, § 1, 4-20-2006) Sec. 26-29. Warning and disclaimer of liability. The degree of flood protection required by this article is considered reasonable for regulatory purposes and is based on scientific and engineering consideration. Larger floods can and will occur. Actual flood heights may be increased by manmade or natural causes. This article does not imply that land outside the special flood hazard areas or uses permitted within PROOFSsuch areas will be free from flooding or flood damages. This article shall not create liability on the part of the town of Leland or by any officer or employee thereof for any flood damages that result from reliance on this article or any administrative decision lawfully made hereunder. (Code 2003, § 16-42; Ord. No. 06-11, § 1, 4-20-2006) Sec. 26-30. Penalties for violation. Violation of the provisions of this article or failure to comply with any of its requirements, including violation of conditions and safeguards established in connection with grants of variance or special exceptions, shall constitute a misdemeanor. Any person who violates this article or fails to comply with any of its requirements shall, upon conviction thereof, be fined not more than $50.00 or imprisoned for not more than 30 days, or both. Each day such violation continues shall be considered a separate offense. Nothing herein contained shall prevent the town of Leland from taking such other lawful action as is necessary to prevent or remedy any violation. (Code 2003, § 16-43; Ord. No. 06-11, § 1, 4-20-2006) Sec. 26-31. Designation of floodplain administrator. The chief building official, hereinafter referred to as the "floodplain administrator," is hereby appointed to administer and implement the provisions of this article. (Code 2003, § 16-44; Ord. No. 06-11, § 1, 4-20-2006) Sec. 26-32. Floodplain development application permit and certification requirements. (a) Application requirements. Application for a floodplain development permit shall be made to the floodplain administrator prior to any development activities located within special flood hazard areas. The following items shall be presented to the floodplain administrator to apply for a floodplain development permit: (1) A plot plan drawn to scale which shall include, but shall not be limited to, the following specific details of the proposed floodplain development: a. The nature, location, dimensions, and elevations of the area of development/disturbance; existing and proposed structures, utility systems, grading/pavement areas, fill materials, storage areas, drainage facilities, and other development; b. The boundary of the special flood hazard area as delineated on the FIRM or other flood map as determined in section 26-24 16-37, or a statement that the entire lot is within the special flood hazard area; c. Flood zone designation of the proposed development area as determined on the FIRM or other flood map as determined in section 26-24 16-37; d. The boundary of the floodway(s) or non-encroachment area(s) as determined in section 26-24 16- 37; e. The base flood elevation (BFE) where provided as set forth in section 26-24. 16-37; section 26-33 16-46(11) and (12) or section 26-38 16-51; f. The old and new location of any watercourse that will be altered or relocated as a result of proposed development; and g. Certification of the plot plan by a registered land surveyor or professional engineer. (2) Proposed elevation, and method thereof, of all development within a special flood hazard area, including but not limited to: a. Elevation in relation to mean sea level of the proposed reference level (including basement) of all structures; b. Elevation in relation to mean sea level to which any nonresidential structure in Zone AE, A or AO will be flood-proofed; and c. Elevation in relation to mean sea level to which any proposed utility systems will be elevated or floodproofed. (3) If floodproofing,PROOFS a floodproofing certificate (FEMA Form 81-65) with supporting data and an operational plan that includes, but is not limited to, installation, exercise, and maintenance of floodproofing measures. (4) A foundation plan, drawn to scale, which shall include details of the proposed foundation system to ensure all provisions of this article are met. These details include but are not limited to: a. The proposed method of elevation, if applicable (i.e., fill, solid foundation perimeter wall, solid backfilled foundation, open foundation on columns/posts/piers/ piles/shear walls); and b. Openings to facilitate equalization of hydrostatic flood forces on walls in accordance with section 26-3716-50(4)(c), when solid foundation perimeter walls are used in Zones A, AO, AE, and A1— A30. (5) Usage details of any enclosed areas below the regulatory flood protection elevation. (6) Plans and/or details for the protection of public utilities and facilities such as sewer, gas, electrical, and water systems to be located and constructed to minimize flood damage. (7) Copies of all other local, state and federal permits required prior to floodplain development permit issuance (wetlands, endangered species, erosion and sedimentation control, riparian buffers, mining, etc.). (8) Documentation for placement of recreational vehicles and/or temporary structures, when applicable, to ensure section 26-37 16-50 (6) and (7) of this article are met. (9) A description of proposed watercourse alteration or relocation, when applicable, including an engineering report on the effects of the proposed project on the flood-carrying capacity of the watercourse and the effects to properties located both upstream and downstream; and a map (if not shown on plot plan) showing the location of the proposed watercourse alteration or relocation. (b) Permit requirements. The floodplain development permit shall include, but not be limited to: (1) A description of the development to be permitted under the floodplain development permit. (2) The special flood hazard area determination for the proposed development per available data specified in section 26-24. 16-37 (3) The regulatory flood protection elevation required for the reference level and all attendant utilities. (4) The regulatory flood protection elevation required for the protection of all public utilities. (5) All certification submittal requirements with timelines. (6) A statement that no fill material or other development shall encroach into the floodway or non- encroachment area of any watercourse, as applicable. (7) The flood openings requirements, if in Zones A, AO, AE or A1—A30. (8) Limitations of below BFE enclosure uses, if applicable (i.e., parking, building access and limited storage only). (c) Certification requirements. (1) Elevation certificates. a. An elevation certificate (FEMA Form 81-31) is required prior to the actual start of any new construction. It shall be the duty of the permit holder to submit to the floodplain administrator a certification of the elevation of the reference level, in relation to mean sea level. The floodplain administrator shall review the certificate data submitted. Deficiencies detected by such review shall be corrected by the permit holder prior to the beginning of construction. Failure to submit the certification or failure to make required corrections shall be cause to deny a floodplain development permit. b. An elevation certificate (FEMA Form 81-31) is required after the reference level is established. Within seven calendar days of establishment of the reference level elevation, it shall be the duty of the permitPROOFS holder to submit to the floodplain administrator a certification of the elevation of the reference level, in relation to mean sea level. Any work done within the seven-day-calendar period and prior to submission of the certification shall be at the permit holder's risk. The floodplain administrator shall review the certificate data submitted. Deficiencies detected by such review shall be corrected by the permit holder immediately and prior to further work being permitted to proceed. Failure to submit the certification or failure to make required corrections shall be cause to issue a stop-work order for the project. c. A final as-built elevation certificate (FEMA Form 81-31) is required after construction is completed and prior to certificate of compliance/occupancy issuance. It shall be the duty of the permit holder to submit to the floodplain administrator a certification of final as-built construction of the elevation of the reference level and all attendant utilities. The floodplain administrator shall review the certificate data submitted. Deficiencies detected by such review shall be corrected by the permit holder immediately and prior to certificate of compliance/occupancy issuance. In some instances, another certification may be required to certify corrected as-built construction. Failure to submit the certification or failure to make required corrections shall be cause to withhold the issuance of a certificate of compliance/occupancy. (2) Floodproofing certificate. If nonresidential floodproofing is used to meet the regulatory flood protection elevation requirements, a floodproofing certificate (FEMA Form 81-65), with supporting data and an operational plan, is required prior to the actual start of any new construction. It shall be the duty of the permit holder to submit to the floodplain administrator a certification of the floodproofed design elevation of the reference level and all attendant utilities, in relation to mean sea level. Floodproofing certification shall be prepared by or under the direct supervision of a professional engineer or architect and certified by same. The floodplain administrator shall review the certificate data and plan. Deficiencies detected by such review shall be corrected by the applicant prior to permit approval. Failure to submit the certification or failure to make required corrections shall be cause to deny a floodplain development permit. Failure to construct in accordance with the certified design shall be cause to withhold the issuance of a certificate of compliance/occupancy. (3) Manufactured homes. If a manufactured home is placed within Zone A, AO, AE, or A1—A30 and the elevation of the chassis is more than 36 inches in height above grade, an engineered foundation certification is required per section 26-37 16-50 (3). (4) Watercourse alteration or relocation. If a watercourse is to be altered or relocated, a description of the extent of watercourse alteration or relocation; a professional engineer's certified report on the effects of the proposed project on the flood-carrying capacity of the watercourse and the effects to properties located both upstream and downstream; and a map showing the location of the proposed watercourse alteration or relocation shall all be submitted by the permit applicant prior to issuance of a floodplain development permit. (5) Certification exemptions. The following structures, if located within Zone A, AO, AE or A1—A30, are exempt from the elevation/floodproofing certification requirements specified in subsections items (b)(1) and (2) of this subsection: a. Recreational vehicles meeting requirements of section 26-37 16-50(6)(a); b. Temporary structures meeting requirements of section 26-37 16-50(7); and c. Accessory structures less than 150 square feet meeting requirements of section 26-3716-50 (8). (Code 2003, § 16-45; Ord. No. 06-11, § 1, 4-20-2006) Sec. 26-33. Duties and responsibilities of the floodplain administrator. The floodplain administrator shall perform, but not be limited to, the following duties: (1) Review all floodplain development applications and issue permits for all proposed development within special flood hazard areas to ensure that the requirements of this article have been satisfied. (2) Advise permittee that additional federal or state permits (wetlands, endangered species, erosion and sedimentation control, riparian buffers, mining, etc.) may be required, and require that copies of such permits be providedPROOFS and maintained on file with the floodplain development permit. (3) Notify adjacent communities and the North Carolina state department of crime control and public safety, division of emergency management, state coordinator for the National Flood Insurance Program prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Emergency Management Agency (FEMA). (4) Ensure that maintenance is provided within the altered or relocated portion of said watercourse so that the flood-carrying capacity is not diminished. (5) Prevent encroachments into floodways and non-encroachment areas unless the certification and flood hazard reduction provisions of section 26-39 16-52 are met. (6) Obtain actual elevation (in relation to mean sea level) of the reference level (including basement) and all attendant utilities of all new or substantially improved structures, in accordance with section 26-32 16- 45 (c). (7) Obtain actual elevation (in relation to mean sea level) to which all new and substantially improved structures and utilities have been floodproofed, in accordance with section 26-32 16-45 (c). (8) Obtain actual elevation (in relation to mean sea level) of all public utilities in accordance with section 26-32 16-45 (c). (9) When floodproofing is utilized for a particular structure, obtain certifications from a registered professional engineer or architect in accordance with section 26-32 16-45 (c) and section 26-37 16-50 (2). (10) Where interpretation is needed as to the exact location of boundaries of the special flood hazard areas (for example, where there appears to be a conflict between a mapped boundary and actual field conditions), make the necessary interpretation. The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in this chapter. (11) When base flood elevation (BFE) data has not been provided in accordance with section 26-24, 16-37 obtain, review, and reasonably utilize any base flood elevation (BFE) data, along with floodway data or non-encroachment area data available from a federal, state, or other source, including data developed pursuant to section 26-38 16-51 (2)(b), in order to administer the provisions of this article. (12) When base flood elevation (BFE) data is provided but no floodway nor non-encroachment area data has been provided in accordance with section 26-24, 16-37 obtain, review, and reasonably utilize any floodway data or non-encroachment area data available from a federal, state, or other source in order to administer the provisions of this article. (13) When the lowest ground elevation of a parcel or structure in a special flood hazard area is above the base flood elevation, advise the property owner of the option to apply for a letter of map amendment (LOMA) from FEMA. Maintain a copy of the letter of map amendment (LOMA) issued by FEMA in the floodplain development permit file. (14) Permanently maintain all records that pertain to the administration of this article and make these records available for public inspection. (15) Make on-site inspections of work in progress. As the work pursuant to a floodplain development permit progresses, the floodplain administrator shall make as many inspections of the work as may be necessary to ensure that the work is being done according to the provisions of the local ordinance and the terms of the permit. In exercising this power, the floodplain administrator has a right, upon presentation of proper credentials, to enter on any premises within the jurisdiction of the community at any reasonable hour for the purposes of inspection or other enforcement action. (16) Issue stop-work orders as required. Whenever a building or part thereof is being constructed, reconstructed, altered, or repaired in violation of this article, the floodplain administrator may order the work to be immediately stopped. The stop-work order shall be in writing and directed to the person doing the work. The stop-work order shall state the specific work to be stopped, the specific reason(s) for the stoppage, and the condition(s) under which the work may be resumed. Violation of a stop-work order constitutes a misdemeanor.PROOFS (17) Revoke floodplain development permits as required. The floodplain administrator may revoke and require the return of the floodplain development permit by notifying the permit holder in writing stating the reason(s) for the revocation. Permits shall be revoked for any substantial departure from the approved application, plans, or specifications; for refusal or failure to comply with the requirements of state or local laws; or for false statements or misrepresentations made in securing the permit. Any floodplain development permit mistakenly issued in violation of an applicable state or local law may also be revoked. (18) Make periodic inspections throughout all special flood hazard areas within the jurisdiction of the community. The floodplain administrator and each member of his or her inspections department shall have a right, upon presentation of proper credentials, to enter on any premises within the territorial jurisdiction of the department at any reasonable hour for the purposes of inspection or other enforcement action. (19) Follow through with corrective procedures section 26-34. 16-47. (20) Review, provide input, and make recommendations for variance requests. (21) Maintain a current map repository to include, but not limited to, the FIS report, FIRM and other official flood maps and studies adopted in accordance with section 26-24 16-37 of this article, including any revisions thereto, including letters of map change, issued by FEMA. Notify state and FEMA of mapping needs. (22) Coordinate revisions to FIS reports and FIRMs, including letters of map revision based on fill (LOMR- F) and letters of map revision (LOMR). (Code 2003, § 16-46; Ord. No. 06-11, § 1, 4-20-2006) Sec. 26-34. Corrective procedures. (a) Violations to be corrected. When the floodplain administrator finds violations of applicable state and local laws, it shall be his or her duty to notify the owner or occupant of the building of the violation. The owner or occupant shall immediately remedy each of the violations of law cited in such notification. (b) Actions in event of failure to take corrective action. If the owner of a building or property shall fail to take prompt corrective action, the floodplain administrator shall give the owner written notice, by certified or registered mail to the owner's last known address or by personal service, stating: (1) That the building or property is in violation of this article; the flood damage prevention ordinance; (2) That a hearing will be held before the floodplain administrator at a designated place and time, not later than ten days after the date of the notice, at which time the owner shall be entitled to be heard in person or by counsel and to present arguments and evidence pertaining to the matter; and (3) That following the hearing, the floodplain administrator may issue an order to alter, vacate, or demolish the building; or to remove fill as appears appropriate. (c) Order to take corrective action. If, upon a hearing held pursuant to the notice prescribed above, the floodplain administrator shall find that the building or development is in violation of this article, the flood damage prevention ordinance, he or she shall issue an order in writing to the owner, requiring the owner to remedy the violation within a specified time period, not less than 60 calendar days, nor more than 180 calendar days. Where the floodplain administrator finds that there is imminent danger to life or other property, he or she may order that corrective action be taken in such lesser period as may be feasible. (d) Appeal. Any owner who has received an order to take corrective action may appeal the order to the local elected governing body by giving notice of appeal in writing to the floodplain administrator and the clerk within ten days following issuance of the final order. In the absence of an appeal, the order of the floodplain administrator shall be final. The local governing body shall hear an appeal within a reasonable time and may affirm, modify and affirm, or revoke the order. (e) Failure to comply with order. If the owner of a building or property fails to comply with an order to take corrective action for whichPROOFS no appeal has been made or fails to comply with an order of the governing body following an appeal, the owner shall be guilty of a misdemeanor and shall be punished at the discretion of the court. (Code 2003, § 16-47; Ord. No. 06-11, § 1, 4-20-2006) Sec. 26-35. Variance procedures. (a) The board of adjustment as established by the town of Leland, hereinafter referred to as the "appeal board,” shall hear and decide requests for variances from the requirements of this article. (b) Any person aggrieved by the decision of the appeal board may appeal such decision to the court, as provided in Chapter 7A of the North Carolina General Statutes by law. (c) Variances may be issued for: (1) The repair or rehabilitation of historic structures upon the determination that the proposed repair or rehabilitation will not preclude the structure's continued designation as a historic structure and that the variance is the minimum necessary to preserve the historic character and design of the structure. (2) Functionally dependent facilities if determined to meet the definition as stated in section 26-22 16-35 of this article, provided provisions of subsections 16-48 (i)(2), (3) and (5) of this section have been satisfied, and such facilities are protected by methods that minimize flood damages. (3) Any other type of development, provided it meets the requirements stated in this section. (d) In passing upon variances, the appeal board shall consider all technical evaluations, all relevant factors, all standards specified in other sections of this article, and: (1) The danger that materials may be swept onto other lands to the injury of others; (2) The danger to life and property due to flooding or erosion damage; (3) The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner; (4) The importance of the services provided by the proposed facility to the community; (5) The necessity to the facility of a waterfront location as defined under section 26-22 16-35 of this article as a functionally dependent facility, where applicable; (6) The availability of alternative locations, not subject to flooding or erosion damage, for the proposed use; (7) The compatibility of the proposed use with existing and anticipated development; (8) The relationship of the proposed use to the comprehensive plan and floodplain management program for that area; (9) The safety of access to the property in times of flood for ordinary and emergency vehicles; (10) The expected heights, velocity, duration, rate of rise, and sediment transport of the floodwaters and the effects of wave action, if applicable, expected at the site; and (11) The costs of providing governmental services during and after flood conditions including maintenance and repair of public utilities and facilities such as sewer, gas, electrical and water systems, and streets and bridges. (e) A written report addressing each of the above factors shall be submitted with the application for a variance. (f) Upon consideration of the factors listed above and the purposes of this article, the appeal board may attach such conditions to the granting of variances as it deems necessary to further the purposes of this article. (g) Any applicant to whom a variance is granted shall be given written notice specifying the difference between the base flood elevation (BFE) and the elevation to which the structure is to be built and that such construction below the base flood elevation increases risks to life and property, and that the issuance of a variance to construct a structure below the base flood elevation will result in increased premium rates for flood insurance up to $25.00 per $100.00 of insurance coverage. Such notification shall be maintained with a record of all variance actions, including justificationPROOFS for their issuance. (h) The floodplain administrator shall maintain the records of all appeal actions and report any variances to the Federal Emergency Management Agency and the state of North Carolina upon request. (i) Conditions for variances. (1) Variances shall not be issued when the variance will make the structure in violation of other federal, state, or local laws, regulations, or ordinances. (2) Variances shall not be issued within any designated floodway or non-encroachment area if the variance would result in any increase in flood levels during the base flood discharge. (3) Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief. (4) Variances shall only be issued prior to development permit approval. (5) Variances shall only be issued upon: a. A showing of good and sufficient cause; b. A determination that failure to grant the variance would result in exceptional hardship; and c. A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, or extraordinary public expense, create nuisance, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances. (j) No variance may be issued for solid waste disposal facilities, hazardous waste management facilities, salvage yards, and chemical storage facilities that are located in special flood hazard areas. (Code 2003, § 16-48; Ord. No. 06-11, § 1, 4-20-2006) Sec. 26-36. General standards for flood hazard reduction. In all special flood hazard areas the following provisions are required: (1) All new construction and substantial improvements shall be designed (or modified) and adequately anchored to prevent flotation, collapse, and lateral movement of the structure. (2) All new construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage. (3) All new construction and substantial improvements shall be constructed by methods and practices that minimize flood damages. (4) Electrical, heating, ventilation, plumbing, air conditioning equipment, and other service facilities shall be designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding. These include, but are not limited to, HVAC equipment, water softener units, bath/kitchen fixtures, ductwork, electric/gas meter panels/boxes, utility/cable boxes, appliances (washers, dryers, refrigerators, freezers, etc.), hot water heaters, and electric outlets/switches. (5) All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of floodwaters into the system. (6) New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of floodwaters into the systems and discharges from the systems into floodwaters. (7) On-site waste disposal systems shall be located and constructed to avoid impairment to them or contamination from them during flooding. (8) Any alteration, repair, reconstruction, or improvements to a structure, which is in compliance with the provisions of this article, shall meet the requirements of new construction as contained in this article. (9) Nothing in this article shall prevent the repair, reconstruction, or replacement of a building or structure existing on the effective date of the ordinance from which this article is derived and located totally or partially within the floodway, non-encroachment area, or stream setback, provided there is no additional encroachmentPROOFS below the regulatory flood protection elevation in the floodway, non-encroachment area, or stream setback, and provided that such repair, reconstruction, or replacement meets all of the other requirements of this article. (10) New solid waste disposal facilities and sites, hazardous waste management facilities, salvage yards, and chemical storage facilities shall not be permitted. A structure or tank for chemical or fuel storage incidental to an allowed use or to the operation of a water treatment plant or wastewater treatment facility may be located in a special flood hazard area only if the structure or tank is either elevated or floodproofed to at least the regulatory flood protection elevation and certified according to section 26- 32 16-45 (c) of this article. (11) All subdivision proposals and other development proposals shall be consistent with the need to minimize flood damage. (12) All subdivision proposals and other development proposals shall have public utilities and facilities such as sewer, gas, electrical, and water systems located and constructed to minimize flood damage. (13) All subdivision proposals and other development proposals shall have adequate drainage provided to reduce exposure to flood hazards. (14) All subdivision proposals and other development proposals shall have received all necessary permits from those governmental agencies for which approval is required by federal or state law, including Section 404 of the Federal Water Pollution Control Act Amendments of 1972, 33 USC 1334. (Code 2003, § 16-49; Ord. No. 06-11, § 1, 4-20-2006) Sec. 26-37. Specific standards for flood hazard reduction. In all special flood hazard areas where base flood elevation (BFE) data has been provided, as set forth in section 26-24. 16-37 or section 26-33 16-46 (11) and (12), the following provisions, in addition to section 26-36, 16-49, are required: (1) Residential construction. New construction and substantial improvement of any residential structure (including manufactured homes) shall have the reference level, including basement, elevated no lower than the regulatory flood protection elevation, as defined in section 26-22 16-35 of this article. (2) Nonresidential construction. New construction and substantial improvement of any commercial, industrial, or other nonresidential structure shall have the reference level, including basement, elevated no lower than the regulatory flood protection elevation, as defined in section 26-22 16-35 of this article. Structures located in A, AE and A1—A30 Zones may be floodproofed to the regulatory flood protection elevation in lieu of elevation provided that all areas of the structure, together with attendant utility and sanitary facilities, below the regulatory flood protection elevation are watertight with walls substantially impermeable to the passage of water, using structural components having the capability of resisting hydrostatic and hydrodynamic loads and the effect of buoyancy. For AO Zones, the floodproofing elevation shall be in accordance with subsection 16-50(4)(c) of this section. A registered professional engineer or architect shall certify that the standards of this subsection are satisfied. Such certification shall be provided to the floodplain administrator as set forth in section 26-32 16-45 (c), along with the operational and maintenance plans. (3) Manufactured homes. a. New or replacement manufactured homes shall be elevated so that the reference level of the manufactured home is no lower than the regulatory flood protection elevation, as defined in section 26-22 16-35 of this article. b. Manufactured homes shall be securely anchored to an adequately anchored foundation to resist flotation, collapse, and lateral movement, either by engineer certification, or in accordance with the most current edition of the state of North Carolina regulations for manufactured homes adopted by the commissioner of insurance pursuant to G.S. 143-143.15. Additionally, when the elevation would be met by an elevation of the chassis 36 inches or less above the grade at the site, the chassis shall be supported by reinforced piers or engineered foundation. When the elevation of the chassis is above 36 inches in height, an engineering certification is required. c. All enclosuresPROOFS or skirting below the lowest floor shall meet the requirements of subsection 16-50 (4)(a), (b), and (c) of this section. d. An evacuation plan must be developed for evacuation of all residents of all new, substantially improved or substantially damaged manufactured home parks or subdivisions located within floodprone areas. This plan shall be filed with and approved by the floodplain administrator and the local emergency management coordinator. (4) Elevated buildings. Fully enclosed area, of new construction and substantially improved structures, which is below the lowest floor: a. Shall not be designed or used for human habitation, but shall only be used for parking of vehicles, building access, or limited storage of maintenance equipment used in connection with the premises. Access to the enclosed area shall be the minimum necessary to allow for parking of vehicles (garage door) or limited storage of maintenance equipment (standard exterior door), or entry to the living area (stairway or elevator). The interior portion of such enclosed area shall not be finished or partitioned into separate rooms, except to enclose storage areas; b. Shall be constructed entirely of flood resistant materials below the regulatory flood protection elevation; c. Shall include, in Zones A, AO, AE, and A1—A30, flood openings to automatically equalize hydrostatic flood forces on walls by allowing for the entry and exit of floodwaters. To meet this requirement, the openings must either be certified by a professional engineer or architect or meet or exceed the following minimum design criteria: 1. A minimum of two flood openings on different sides of each enclosed area subject to flooding; 2. The total net area of all flood openings must be at least one square inch for each square foot of enclosed area subject to flooding; 3. If a building has more than one enclosed area, each enclosed area must have flood openings to allow floodwaters to automatically enter and exit; 4. The bottom of all required flood openings shall be no higher than one foot above the adjacent grade; 5. Flood openings may be equipped with screens, louvers, or other coverings or devices, provided they permit the automatic flow of floodwaters in both directions; and 6. Enclosures made of flexible skirting are not considered enclosures for regulatory purposes, and, therefore, do not require flood openings. Masonry or wood underpinning, regardless of structural status, is considered an enclosure and requires flood openings as outlined above. (5) Additions/improvements. a. Additions and/or improvements to pre-FIRM structures when the additions and/or improvements in combination with any interior modifications to the existing structure are: 1. Not a substantial improvement, the additions and/or improvements must be designed to minimize flood damages and must not be any more non-conforming than the existing structure. 2. A substantial improvement, both the existing structure and the additions and/or improvements must comply with the standards for new construction. b. Additions to post-FIRM structures with no modifications to the existing structure other than a standard door in the common wall shall require only the addition to comply with the standards for new construction. c. Additions and/or improvements to post-FIRM structures when the additions and/or improvements in combination with any interior modifications to the existing structure are: 1. Not a substantial improvement, the additions and/or improvements only must comply with thePROOFS standards for new construction. 2. A substantial improvement, both the existing structure and the additions and/or improvements must comply with the standards for new construction. d. Where an independent perimeter load-bearing wall is provided between the addition and the existing building, the addition shall be considered a separate building and only the addition must comply with the standards for new construction. (6) Recreational vehicles. Recreational vehicles shall either: a. Be on-site for fewer than 180 consecutive days and be fully licensed and ready for highway use (a recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick disconnect type utilities, and has no permanently attached additions); or b. Meet all the requirements for new construction. (7) Temporary nonresidential structures. Prior to the issuance of a floodplain development permit for a temporary structure, the applicant must submit to the floodplain administrator a plan for the removal of such structure in the event of a hurricane, flash flood or other type of flood warning notification. The following information shall be submitted in writing to the floodplain administrator for review and written approval: a. A specified time period for which the temporary use will be permitted. Time specified may not exceed three months, renewable up to one year; b. The name, address, and phone number of the individual responsible for the removal of the temporary structure; c. The time frame prior to the event at which a structure will be removed (i.e., minimum of 72 hours before landfall of a hurricane or immediately upon flood warning notification); d. A copy of the contract or other suitable instrument with the entity responsible for physical removal of the structure; and e. Designation, accompanied by documentation, of a location outside the special flood hazard area to which the temporary structure will be moved. (8) Accessory structures. When accessory structures (sheds, detached garages, etc.) are to be placed within a special flood hazard area, the following criteria shall be met: a. Accessory structures shall not be used for human habitation (including working, sleeping, living, cooking or restroom areas); b. Accessory structures shall not be temperature-controlled; c. Accessory structures shall be designed to have low flood damage potential; d. Accessory structures shall be constructed and placed on the building site so as to offer the minimum resistance to the flow of floodwaters; e. Accessory structures shall be firmly anchored in accordance with section 26-36 16-49 (1); f. All service facilities such as electrical shall be installed in accordance with section 26-36 16-49 (4); and g. Flood openings to facilitate automatic equalization of hydrostatic flood forces shall be provided below regulatory flood protection elevation in conformance with subsection 16-50 (4)(c) of this section. An accessory structure with a footprint less than 150 square feet that satisfies the criteria outlined above does not require an elevation or floodproofing certificate. Elevation or floodproofing certifications are required for all other accessory structures in accordance with section 26-32 16-45 (c). (Code 2003, § 16-50; Ord. No. 06-11, § 1, 4-20-2006) Sec. 26-38. Standards for floodplains without established base flood elevations. Within the special PROOFSflood hazard areas designated as approximate Zone A and established in section 26-24 16- 37, where no base flood elevation (BFE) data has been provided by FEMA, the following provisions, in addition to section 26-36 16-49 and section 26-37 16-50, shall apply: (1) No encroachments, including fill, new construction, substantial improvements or new development shall be permitted within a distance of 20 feet each side from top of bank or five times the width of the stream, whichever is greater, unless certification with supporting technical data by a registered professional engineer is provided demonstrating that such encroachments shall not result in any increase in flood levels during the occurrence of the base flood discharge. (2) The BFE used in determining the regulatory flood protection elevation shall be determined based on one of the following criteria set in priority order: a. If base flood elevation (BFE) data is available from other sources, all new construction and substantial improvements within such areas shall also comply with all applicable provisions of this article and shall be elevated or floodproofed in accordance with standards in section 26-33 16-46 (11) and (12). b. All subdivision, manufactured home park and other development proposals shall provide base flood elevation (BFE) data if development is greater than five acres or has more than 50 lots/manufactured home sites. Such base flood elevation (BFE) data shall be adopted by reference per section 26-24 16-37 to be utilized in implementing this article. c. When base flood elevation (BFE) data is not available from a federal, state, or other source as outlined above, the reference level shall be elevated to or above the regulatory flood protection elevation, as defined in section 26-22. 16-35 (Code 2003, § 16-51; Ord. No. 06-11, § 1, 4-20-2006) Sec. 26-39. Standards for riverine floodplains with BFE but without established floodways or non- encroachment areas. Along rivers and streams where BFE data is provided but neither floodway nor non-encroachment areas are identified for a special flood hazard area on the FIRM or in the FIS report, the following requirements shall apply to all development within such areas: (1) Standards outlined in section 26-36 16-49 and section 26-37 16-50; and (2) Until a regulatory floodway or non-encroachment area is designated, no encroachments, including fill, new construction, substantial improvements, or other development, shall be permitted unless certification with supporting technical data by a registered professional engineer is provided demonstrating that the cumulative effect of the proposed development, when combined with all other existing and anticipated development, will not increase the water surface elevation of the base flood more than one foot at any point within the community. (Code 2003, § 16-52; Ord. No. 06-11, § 1, 4-20-2006) Sec. 26-40. Floodways and non-encroachment areas. Areas designated as floodways or non-encroachment areas are located within the special flood hazard areas established in section 26-24 16-37. The floodways and non-encroachment areas are extremely hazardous areas due to the velocity of floodwaters that have erosion potential and carry debris and potential projectiles. The following provisions, in addition to standards outlined in section 26-36 16-49 and section 26-37 16-50, shall apply to all development within such areas: (1) No encroachments, including fill, new construction, substantial improvements and other developments shall be permitted unless it has been demonstrated that: a. The proposed encroachment would not result in any increase in the flood levels during the occurrence of the base flood, based on hydrologic and hydraulic analyses performed in accordance with standard engineering practice and presented to the floodplain administrator prior to issuance of a floodplain development permit, or b. A conditionalPROOFS letter of map revision (CLOMR) has been approved by FEMA. A letter of map revision (LOMR) must also be obtained upon completion of the proposed encroachment. (2) If subsection 16-53(1) of this section is satisfied, all development shall comply with all applicable flood hazard reduction provisions of this article. (3) No manufactured homes shall be permitted, except replacement manufactured homes in an existing manufactured home park or subdivision, provided the following provisions are met: a. The anchoring and the elevation standards of section 26-37 16-50 (3); and b. The no encroachment standard of subsection (1) of this section. (Code 2003, § 16-53; Ord. No. 06-11, § 1, 4-20-2006) Sec. 26-41. Standards for areas of shallow flooding (Zone AO). Located within the special flood hazard areas established in section 26-24 16-37 are areas designated as shallow flooding areas. These areas have special flood hazards associated with base flood depths of one to three feet where a clearly defined channel does not exist and where the path of flooding is unpredictable and indeterminate. In addition to section 26-36 16-49, all new construction and substantial improvements shall meet the following requirements: (1) The reference level shall be elevated at least as high as the depth number specified on the flood insurance rate map (FIRM), in feet, plus a freeboard of two feet, above the highest adjacent grade; or at least two feet above the highest adjacent grade plus a freeboard of two feet if no depth number is specified. (2) Nonresidential structures may, in lieu of elevation, be floodproofed to the same level as required in section 26-37 16-50 (4)(c) so that the structure, together with attendant utility and sanitary facilities, below that level shall be watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy. Certification is required as per section 26-32 16-45 (c) and section 26-37 16-50 (2). (3) Adequate drainage paths shall be provided around structures on slopes, to guide floodwaters around and away from proposed structures. (Code 2003, § 16-54; Ord. No. 06-11, § 1, 4-20-2006) Sec. 16-55. Effect on rights and liabilities under the existing flood damage prevention ordinance.39 This article in part comes forward by re-enactment of some of the provisions of the flood damage prevention ordinance enacted September 17, 1992, as amended, and it is not the intention to repeal but rather to re-enact and continue to enforce without interruption of such existing provisions, so that all rights and liabilities that have accrued thereunder are reserved and may be enforced. The enactment of this article shall not affect any action, suit or proceeding instituted or pending. All provisions of the flood damage prevention ordinance of the Town of Leland enacted on September 17, 1992 as amended, which are not re-enacted herein are repealed. (Code 2003, § 16-55; Ord. No. 06-11, § 1, 4-20-2006) Sec. 16-56. Effect upon outstanding floodplain development permits.40 Nothing herein contained shall require any change in the plans, construction, size, or designated use of any development or any part thereof for which a floodplain development permit has been granted by the floodplain administrator or his or her authorized agents before the time of passage of this article; provided, however, that when construction is not begun under such outstanding permit within a period of six months subsequent to the date of issuance of the outstanding permit, construction or use shall be in conformity with the provisions of this article. (Code 2003, § 16-56; Ord.PROOFS No. 06-11, § 1, 4-20-2006
39 Legal Analysis: Code 2003, § 16-55. Effect on rights and liabilities under the existing flood damage prevention ordinance. Delete as obsolete and unnecessary? Deleted per 6/5/17 conference. 40 Legal Analysis: Code 2003, § 16-56. Effect upon outstanding floodplain development permits. Any outstanding permits still? If not, delete. Deleted per 6/5/17 conference. Secs. 26-42--26-70. Reserved.
ARTICLE III. PHASE II STORMWATER Chapter 32 DIVISION 1. GENERALLY PROVISIONS Sec. 26-71. Title. This article chapter shall be officially known as the “Phase II Stormwater Ordinance." It is referred to herein as "this article chapter." (Code 2003, § 32-1; Ord. No. 09-05, 3-19-2009) Sec. 32-2. Authority.41 The town is authorized to adopt this chapter pursuant to state law, including article 14, section 5 of the Constitution of North Carolina; the Town Charter; G.S. 143-214.7 and rules promulgated by the environmental management commission there under; Session Law 2004-163; G.S. 160A, 106A-174, 160A-185; as well as G.S. ch. 113A, art. 4 (sedimentation pollution control); art. 21, part 6 (floodway regulation); G.S. ch. 160A, art. 19 (planning and regulation of development); G.S. ch. 153A, art. 18. (Code 2003, § 32-2; Ord. No. 09-05, 3-19-2009) Sec. 26-72. Findings. The town finds that: (1) Increased impervious areas and other site features of development or redevelopment may alter the hydrologic response of local watersheds and increase stormwater runoff rates and volumes, flooding, soil erosion, stream channel erosion, non-point and point source pollution, and sediment transport and deposition, as well as reduce groundwater recharge; (2) These changes in stormwater runoff may contribute to increased quantities of water-borne pollutants and to altered hydrology that may be harmful to public health, and safety and the natural environment; and (3) These effects can be managed and minimized by applying proper design and well-planned controls to manage stormwater runoff from development sites; and (4) Further, the federal Water Pollution Control Act of 1972 ("Clean Water Act") and federal phase II stormwater rules promulgated under it, as well as rules of the state environmental management commission promulgated in response to federal phase II requirements, compel certain urbanized areas, including this jurisdiction, to adopt stormwater controls such as those included in this article. chapter Therefore, the town establishes this set of water quality and quantity regulations to meet the requirements of state and federal law regarding control of stormwater runoff and discharge. (Code 2003, § 32-3; Ord. No. 09-05, 3-19-2009) Sec. 26-73. Purpose. (a) General. The purpose of this article chapter is to protect, maintain and enhance the public health, safety, environment, and general welfare by establishing requirements and procedures to control the adverse effects of increased post-development stormwater runoff and non-point and point source pollution associated with new development and redevelopment (as well as illicit discharges into municipal stormwater systems). It has been determined that proper managementPROOFS of construction-related and post-development stormwater runoff will minimize damage to public and private property and infrastructure; safeguard the public health, safety, and general welfare; and protect water and aquatic resources. (b) Specific. This article chapter seeks to meet its general purpose through the following specific objectives and means:
41 Legal Analysis: Code 2003, § 32-2. Authority. Deleted as not needed. OK per 6/5/17 conference. (1) Establishing decision-making processes for new development and redevelopment that protect the integrity of watersheds and preserve the health of water resources; (2) Requiring that new development and redevelopment: a. Maintain the pre-development hydrologic response in their post-development state as nearly as practicable for the applicable design storm; b. Reduce flooding, stream bank erosion, non-point and point source pollution and increases in stream temperature; and c. Maintain the integrity of stream channels and aquatic habitats; (3) Establishing stormwater management standards and design criteria to regulate and control post- development stormwater runoff quantity and quality; (4) Establishing design and review criteria for the construction, function, and use of structural stormwater BMPs that may be used to meet the post-development stormwater management standards; (5) Encouraging the use of better management and site design practices, such as the preservation of green space, riparian buffers and other conservation areas to the maximum extent practicable; (6) Establishing provisions for long-term responsibility for and maintenance of structural and nonstructural stormwater BMPs to ensure that they continue to function as designed, are maintained appropriately, and pose no threat to public safety; (7) Establishing administrative procedures: a. For the submission, review, approval and disapproval of stormwater management plans; b. For the inspection of approved projects; and c. To ensure long-term maintenance. (8) Controlling illicit discharges into the municipal separate stormwater system; and (9) Controlling erosion and sedimentation from construction activities. (Code 2003, § 32-4; Ord. No. 09-05, 3-19-2009) Sec. 26-74. Applicability and jurisdiction. (a) General. Beginning with and subsequent to its effective date, this article chapter shall be applicable to: (1) All development or redevelopment unless exempt pursuant to subsection (b) of this section; and (2) Development or redevelopment that disturb less than one acre and does not add 10,000 square feet or more of built-upon area if such activities are part of a larger common plan of development or sale, even though multiple, separate or distinct activities take place at different times on different schedules. (b) Exemptions. The following are exempt from the provisions of this article chapter: (1) Development that cumulatively disturbs less than one acre, does not add 10,000 square feet or more of built-upon area and is not part of a larger common plan of development or sale; (2) Redevelopment that cumulatively disturbs less than one acre, does not add 10,000 square feet or more of built-upon area and is not part of a larger common plan of development or sale; or (3) Activities thatPROOFS are exempt from permit requirements of section 404 of the Federal Clean Water Act as specified in 40 CFR 232 (primarily, ongoing farming and forestry activities). (c) No development or redevelopment until compliance and permit. No development or redevelopment shall occur except in compliance with the provisions of this article chapter or unless exempted. No development for which a permit is required pursuant to this article chapter shall occur except in compliance with the provisions, conditions, and limitations of the permit. (d) Map. The provisions of this article chapter shall apply within the areas designated on the map titled "Phase II Stormwater Map of Town of Leland, North Carolina" ("the stormwater map"), which is adopted simultaneously herewith. The stormwater map and all explanatory matter contained thereon accompany and are hereby made a part of this article chapter. The stormwater map shall be kept on file by the stormwater administrator and shall be updated to take into account changes in the land area covered by this article chapter and the geographic location of all structural BMPs permitted under this article chapter. In the event of a dispute, the applicability of this article chapter to a particular area of land or BMP shall be determined by reference to the state statutes, the state administrative code, and local zoning and jurisdictional boundary ordinances. (Code 2003, § 32-5; Ord. No. 09-05, 3-19-2009) Sec. 26-75. Interpretation.42 (a) Meaning and intent. All provisions, terms, phrases, and expressions contained in this article chapter shall be construed according to the general and specific purposes set forth in section 26-73. 32-4. If a different or more specific meaning is given for a term defined elsewhere in the Code, the meaning and application of the term in this article chapter shall control for purposes of application of this article chapter. (b) Text controls in event of conflict. In the event of a conflict or inconsistency between the text of this article chapter and any heading, caption, figure, illustration, table, or map, the text shall control. (c) Authority for interpretation. The stormwater administrator has authority to determine the interpretation of this article. chapter Any person may request an interpretation by submitting a written request to the stormwater administrator, who shall respond in writing within 30 days. The stormwater administrator shall keep on file a record of all written interpretations of this article chapter. (d) References to statutes, regulations, and documents. Whenever reference is made to a resolution, ordinance, statute, regulation, manual (including the design manual), or document, it shall be construed as a reference to the most recent edition of such that has been finalized and published with due provision for notice and comment, unless otherwise specifically stated. __ Computation of time. The time in which an act is to be done shall be computed by excluding the first day and including the last day. If a deadline or required date of action falls on a Saturday, Sunday, or holiday observed by the town, the deadline or required date of action shall be the next day that is not a Saturday, Sunday or holiday observed by the town. References to days are calendar days unless otherwise stated. (e) Delegation of authority. Any act authorized by this article chapter to be carried out by the stormwater administrator may be carried out by his or her designee. __ Usage. __ The words "shall" and "must" are mandatory in nature, establishing an obligation or duty to comply with the particular provision. The words "may" and "should" are permissive in nature. __ Unless the context clearly indicates the contrary, conjunctions shall be interpreted as follows: The word "and" indicates that all connected items, conditions, provisions and events apply. The word "or" indicates that one or more of the connected items, conditions, provisions or events apply. __ Words used in the present tense include the future tense. Words used in the singular number include the plural number and the plural number includes the singular number, unless the context of the particular usage clearly indicates otherwise. Words used in the masculine gender include the feminine gender, and vice versa. (f) Measurement and computation. Lot area refers to the amount of horizontal land area contained inside the lot lines of a lot or site. (g) Minimum requirements.PROOFS The requirements contained in this article chapter shall be the minimum requirements for administration, enforcement, procedures, restrictions, standards, uses, variances, and all other areas addressed by this article chapter; and, if any other existing chapter or regulation allows lesser regulation, this article chapter shall govern, so that in all cases, the more restrictive limitation or requirement shall govern.
42 Legal Analysis: Code 2003, § 32-6. Interpretation. Deleted language covered in code § 1- 2. OK per 6/5/17 conference. (Code 2003, § 32-6; Ord. No. 09-05, 3-19-2009) Sec. 26-76. Design manual. (a) Reference to design manual. (1) The stormwater administrator shall use the policy, criteria, and information, including technical specifications and standards, in the design manual as the basis for decisions about stormwater permits and about the design, implementation and performance of structural and nonstructural stormwater BMPs. (2) The design manual includes a list of acceptable stormwater treatment practices, including specific design criteria for each stormwater practice. Stormwater treatment practices that are designed, constructed, and maintained in accordance with these design and sizing criteria shall be presumed to meet the water quality performance standards of the phase II laws and this article. (b) Relationship of design manual to other laws and regulations. If the specifications or guidelines of the design manual are more restrictive or apply a higher standard than other laws or regulations, that fact shall not prevent application of the specifications or guidelines in the design manual. (c) Changes to standards and specifications. If the standards, specifications, guidelines, policies, criteria, or other information in the design manual are amended subsequent to the submittal of an application for approval pursuant to this article but prior to approval, the standards, specifications, guidelines, policies, criteria, or other information in the design manual that existed at the time of application shall apply. (Code 2003, § 32-7; Ord. No. 09-05, 3-19-2009) Sec. 26-77. Relationship to other laws, regulations and private agreements. (a) Conflict of laws. This article is not intended to modify or repeal any other ordinance, rule, regulation or other provision of law. The requirements of this article are in addition to the requirements of any other ordinance, rule, regulation or other provision of law. Where any provision of this article imposes restrictions different from those imposed by any other ordinance, rule, regulation or other provision of law, whichever provision is more restrictive or imposes higher protective standards for human or environmental health, safety, and welfare shall control. (b) Private agreements. This article is not intended to revoke or repeal any easement, covenant, or other private agreement. However, where the regulations of this article are more restrictive or impose higher standards or requirements than such an easement, covenant, or other private agreement, the requirements of this article shall govern. Nothing in this article shall modify or repeal any private covenant or deed restriction, but such covenant or restriction shall not legitimize any failure to comply with this article. In no case shall the town be obligated to enforce the provisions of any easements, covenants, or agreements between private parties. (Code 2003, § 32-8; Ord. No. 09-05, 3-19-2009) Sec. 32-9. Severability.43 If the provisions of any section, subsection, paragraph, subdivision or clause of this chapter shall be adjudged invalid by a court of competent jurisdiction, such judgment shall not affect or invalidate the remainder of any section, subsection, paragraph, subdivision or clause of this chapter. (Code 2003, § 32-9; Ord. No. 09-05, 3-19-2009) Sec. 26-78. Effective datePROOFS and transitional provisions.44 (a) Effective date. This article shall take effect on March 19, 2009. (b) Final approvals, complete applications.
43 Legal Analysis: Code 2003, § 32-9. Severability. Deleted as covered by chapter 1. OK per 6/5/17 conference. 44 Legal Analysis: Code 2003, § 32-10. Effective date and transitional provisions. What is the effective date? March 19, 2009 (1) All development or redevelopment projects for which complete and full applications and plans were submitted and approved by the town prior to the effective date of the ordinance from which this article is derived and which remain valid, unexpired, unrevoked and not otherwise terminated at the time of development or redevelopment, shall be exempt from complying with all provisions of the ordinance from which this article is derived dealing with the control or management of post-construction runoff, but shall be required to comply with all other applicable provisions. (2) A phased development plan shall be deemed approved prior to the effective date of this article if it has been approved by all necessary government units, it remains valid, unexpired, unrevoked and not otherwise terminated, and it shows: a. For the initial or first phase of development, the type and intensity of use for a specific parcel or parcels, including the boundaries of the project and a subdivision plan that has been approved; and b. For any subsequent phase of development, sufficient detail so that implementation of the requirements of this article to that phase of development would require a material change in that phase of the plan. (c) Violations continue. Any violation of provisions existing on the effective date of the ordinance from which this article is derived shall continue to be a violation under this article and be subject to penalties and enforcement under this article unless the use, development, construction, or other activity complies with the provisions of this article. (Code 2003, § 32-10; Ord. No. 09-05, 3-19-2009) Sec. 26-79. Definitions. Terms defined. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning. The definitions set out in 15A NCAC 02H .1002 (definitions), G.S. 143-212, and G.S. 143-213 shall be used when not in conflict with the definitions set out specifically in this article. When used in this chapter, the following words and terms shall have the meaning set forth in this article, unless other provisions of this chapter specifically indicate otherwise: Built-upon area (BUA) means that portion of a development project that is covered by impervious surface including, but not limited to, buildings; pavement and gravel areas such as roads, parking lots, and paths; and recreation facilities such as tennis courts. The term "built-upon area" does not include a wooden slatted deck, the water area of a swimming pool, or pervious paving material to the extent that the paving material absorbs water or allows water to infiltrate through the paving material. Department means the state department of environment and natural resources. Design manual means the stormwater design manual approved for use in phase II jurisdictions by the department for the implementation of the requirements of the federal phase II stormwater program. All references herein to the design manual are to the latest published edition or revision. The design manual may be obtained from the town stormwater management division or the division. Development means any land-disturbing activity that increases the amount of built-upon area or that otherwise decreases the infiltration of precipitation into the soil. Division means the division of water quality in the department. Hazardous materialPROOFS means any item or agent (biological, chemical, physical) which has the potential to cause harm to humans, animals, or the environment, either by itself or through interaction with other factors. High-density project means any project that exceeds the low-density threshold for dwelling units per acre or built-upon area. Larger common plan of development or sale means any area where multiple separate and distinct construction or land-disturbing activities will occur under one plan. A plan is any announcement or piece of documentation (examples are a sign, public notice or hearing, sales pitch, advertisement, loan application, drawing, permit application, zoning request, or computer design) or physical demarcation (boundary signs, lot stakes, or surveyor markings are examples) indicating that construction activities may occur on a specific plot. Low-density project. (1) For a project that is not located within one-half mile of and draining to shellfish resource waters: the project is a low-density project if it has no more than 24 percent built-upon area (BUA). (2) For a project that is located within one-half mile of and draining to shellfish resource waters: the project is a low-density project only if it contains no more than 12 percent built-upon area. (3) A project with an overall density at or below the relevant low-density threshold, but containing areas with a density greater than the overall project density, may be considered low density as long as the project meets or exceeds the post-construction model practices for low-density projects and locates the higher density in upland areas and away from surface waters and drainageways to the maximum extent practicable. Material change means a modification which results in an alteration to 25 percent or more of the design. Non-erosive velocity means a rate of flow of stormwater runoff, measured in feet per second, which does not erode soils. Non-erosive velocities vary for individual sites, taking into account topography, soil type, and runoff rates. One-year, 24-hour storm means the surface runoff resulting from a 24-hour rainfall of an intensity expected to be equaled or exceeded, on average, once in 12 months. Owner means the legal or beneficial owner of land, including a mortgagee or vendee in possession, receiver, executor, trustee, or long-term or commercial lessee, or any other person or entity holding proprietary rights in the property or having legal power of management and control of the property. The term "owner" shall include long- term commercial tenants; management entities, such as those charged with or engaged in the management of properties for profit; and every person or entity having joint ownership of the property. A secured lender not in possession of the property does not constitute an owner, unless the secured lender is included within the meaning of the term "owner" under another description in this definition, such as a management entity. Redevelopment means any development on previously-developed land, other than a rebuilding activity that results in no net increase in built-upon area and that provides equal or greater stormwater control than the previous development. Residential development means buildings for residence such as attached and detached single-family dwellings, apartment complexes, condominiums, townhouses, cottages, and their associated outbuildings such as garages, storage buildings, and gazebos. Shellfish resource waters means Class SA waters that contain an average concentration of 500 parts per million of natural chloride ion. Average concentration is determined by averaging the chloride concentrations of five water samples taken one-half mile downstream from the project site that are taken on separate days, within one hour of high tide, and not within 48 hours following a rain event. The chloride ion concentrations are to be determined by a state-certified laboratory. Structural BMP means a physical device designed to trap, settle out, or filter pollutants from stormwater runoff; to alter or reduce stormwater runoff velocity, amount, timing, or other characteristics; to approximate the pre-development hydrology on a developed site; or to achieve any combination of these goals. Structural BMP includes physical practices such as constructed wetlands, vegetative practices, filter strips, grassed swales, and other methods installed or created on real property. The term "structural BMP" is synonymous with the terms "structural practice," "stormwater PROOFScontrol facility," "stormwater control practice," "stormwater treatment practice," "stormwater management practice," "stormwater control measures," "structural stormwater treatment systems," and similar terms used in this article. Substantial progress. For the purposes of determining whether sufficient progress has been made on an approved plan, one or more of the following construction activities toward the completion of a site or subdivision plan shall occur: (1) Obtaining a grading permit and conducting grading activity on a continuous basis and not discontinued for more than 30 days; or (2) Installation and approval of on-site infrastructure; or (3) Obtaining a building permit for the construction and approval of a building foundation. Substantial progress for purposes of determining whether an approved plan is null and void is not necessarily the same as "substantial expenditures" used for determining vested rights pursuant to applicable law. Vegetative buffer means an area of natural or established vegetation directly adjacent to surface waters through which stormwater runoff flows in a diffuse manner to protect surface waters from degradation due to development activities. Vegetative conveyance means a permanent, designed waterway lined with vegetation that is used to convey stormwater runoff at a non-erosive velocity within or away from a developed area. Water dependant structures means a structure for which the use requires access or proximity to or sitting within surface waters to fulfill its basic purpose, such as boat ramps, boat houses, docks, and bulkheads. Ancillary facilities such as restaurants, outlets for boat supplies, parking lots and boat storage areas are not water dependant uses. (Code 2003, § 32-11; Ord. No. 09-05, 3-19-2009) Secs. 26-80--26-101. Reserved. DIVISION 2. ADMINISTRATION AND PROCEDURES Sec. 26-102. Review and decision-making entities; stormwater administrator. (a) Designation. A stormwater administrator shall be designated by the town manager to administer and enforce this article. (b) Powers and duties. In addition to the powers and duties that may be conferred by other provisions of the Code and other laws, the stormwater administrator shall have the following powers and duties under this article: (1) To review and approve, approve with conditions, or disapprove stormwater management plans pursuant to this article; (2) To make determinations and render interpretations of this article; (3) To establish permit application requirements and schedules for submittal and review of stormwater management plans, permit applications, and appeals, to review and make recommendations to the town council and planning board on modification of this article or the process for stormwater management; (4) To enforce the provisions of this article in accordance with its enforcement provisions; (5) To maintain records, maps, forms and other official materials as relate to the adoption, amendment, enforcement, and administration of this article; (6) To provide expertise and technical assistance to the town council, planning board, and stormwater advisory committee upon request; (7) To designate an appropriate other person to carry out the powers and duties of the stormwater administrator; and (8) To take any other action necessary to administer the provisions of this article. (Code 2003, § 32-21; Ord.PROOFS No. 09-05, 3-19-2009) Sec. 26-103. Review procedures. (a) Permit required; must apply for permit. A stormwater management permit (hereafter "permit") shall be required for all development or redevelopment unless exempt pursuant to this article. A permit may be issued after submitting a stormwater permit application, a stormwater management plan, and the fee for stormwater management permit application review. (b) Effect of permit. A stormwater permit shall govern the design, installation, and construction of stormwater management and control practices on the site, including structural BMPs and elements of site design for stormwater management other than structural BMPs. The permit review process is intended to provide a mechanism for the review, approval, and inspection of the planned approach to be used for the management and control of stormwater for the development or redevelopment site consistent with the requirements of this article, whether the approach consists of structural BMPs or other techniques such as low-impact or low-density design. The permit does not continue in existence indefinitely after the completion of the project; rather, compliance after project construction is assured by the maintenance provisions established in this article. (c) Authority to file applications. All permit applications required pursuant to this Code shall be submitted to the stormwater administrator by the land owner or the land owner's authorized agent. (d) Establishment of permit application requirements, schedule and fees. (1) Permit application contents and form. The stormwater administrator shall establish requirements for the content and form of all applications and shall amend and update those requirements from time to time. The stormwater permit application shall require in a detailed plan a description of: a. The post-development stormwater runoff control and management; b. The design of all stormwater facilities and practices; c. Site identification information; d. Ownership information; and e. How the proposed project shall meet the requirements of this article. (2) Submission schedule. The stormwater administrator shall establish a submission schedule for permit applications. The schedule shall establish deadlines by which complete applications must be submitted for the purpose of ensuring that there is adequate time to review plans and applications, and that the various stages in the review process are accommodated. (3) Permit application review fees. The town council shall establish permit review fees as well as policies regarding refund of any fees upon withdrawal of an application, and may amend and update the fees and policies from time to time. (4) Administrative manual. For applications required under this Code, the stormwater administrator shall compile the application requirements, submission schedule, fee schedule, a copy of the ordinance from which this article derived, and information on how and where to obtain the design manual in an administrative manual, which shall be made available to the public. (e) Submittal of complete application. (1) Applications for a stormwater management permit shall be submitted to the stormwater administrator pursuant to the application submittal schedule established by the stormwater administrator, along with the stormwater management plan and appropriate fee established pursuant to this section. (2) An application shall be considered as timely submitted only when it contains all elements of a complete application pursuant to this article, along with the appropriate fee. If the stormwater administrator finds that an application or stormwater management plan is incomplete, the applicant shall be notified of the deficient elements and shall be provided with an opportunity to submit a complete application. However, the submittal of an incomplete application shall not suffice to meet a deadline contained in the submission schedule established above. (f) Review. Within 45 working days after a complete application submittal, the stormwater administrator shall review the applicationPROOFS and determine whether the stormwater management plan permit application complies with the standards of this article. (1) Approval. If the stormwater administrator finds that the application complies with the standards of this article, the stormwater administrator shall approve the application and issue a stormwater management permit. (2) Approval with conditions. The stormwater administrator may impose conditions of approval as needed to ensure compliance with this article. The conditions shall be included as part of the approval and included in the issued stormwater permit. (3) Disapproval. If the stormwater administrator finds that the stormwater management plan fails to comply with the standards of this article, the stormwater administrator shall notify the applicant and shall indicate how the application or plan fails to comply. The applicant shall have an opportunity to submit a revised application and plan. (g) Revision and subsequent review. Within 45 working days after a complete revised application submittal, the stormwater administrator shall review the revised application and determine whether the stormwater management plan and application complies with the standards of this article, and shall approve, approve with conditions, or disapprove the application. (1) Fee for resubmittal. One resubmittal of a revised application may be submitted without payment of an additional permit application review fee. Any resubmittal after the first resubmittal shall be accompanied by a permit application review additional fee, as established pursuant to this article. (2) Time limit for resubmittal. If a revised application is not resubmitted within 90 calendar days from the date the applicant was notified, the application shall be considered withdrawn, and a new submittal for the same or substantially the same project shall be required along with the appropriate fee for a new submittal. (Code 2003, § 32-22; Ord. No. 09-05, 3-19-2009) Sec. 26-104. Applications for approval. (a) Concept plan and consultation meeting. Before a stormwater management permit application is deemed complete, the stormwater administrator or developer may request a consultation on a concept plan for the post- construction stormwater management system to be utilized in the proposed development project. This consultation meeting should take place at the time of the preliminary plan of subdivision or other early step in the development process. The purpose of this meeting is to discuss the post-construction stormwater management measures necessary for the proposed project, as well as to discuss and assess constraints, opportunities and potential approaches to stormwater management designs before formal site design engineering is commenced. Local watershed plans, other plans adopted by the town, and other relevant resource protection plans should be consulted in the discussion of the concept plan. To accomplish this goal, the following information should be included in the concept plan, which should be submitted in advance of the meeting: (1) Existing conditions/proposed site plans. Existing conditions and proposed site layout sketch plans, which illustrate: existing and proposed topography; perennial and intermittent streams; mapping of predominant soils from soil surveys (if available); boundaries of existing predominant vegetation; proposed limits of clearing and grading; and location of existing and proposed roads, buildings, parking areas and other impervious surfaces. (2) Natural resources inventory. A written or graphic inventory of natural resources at the site and surrounding area as it exists prior to the commencement of the project. This description should include a discussion of soil conditions, forest cover, geologic features, topography, wetlands, and native vegetative areas on the site, as well as the location and boundaries of other natural feature protection and conservation areas such as lakes, ponds, floodplains, stream buffers and other setbacks (e.g., drinking water well setbacks, septic setbacks, etc.). Particular attention should be paid to environmentally sensitive features that provide particular opportunities or constraints for development and stormwater management. (3) Stormwater management system concept plan. A written or graphic concept plan of the proposed post- development PROOFSstormwater management system including: preliminary selection and location of proposed structural stormwater controls; low-impact design elements; location of existing and proposed conveyance systems such as grass channels, swales, and storm drains; flow paths; location of floodplain/floodway limits; relationship of site to upstream and downstream properties and drainages; and preliminary location of any proposed stream channel modifications, such as bridge or culvert crossings. (b) Stormwater management permit application. (1) The stormwater management permit application shall contain detailed plans on how post-development stormwater runoff shall be controlled and managed and how the proposed project shall meet the requirements of this article, including division of this article. article III. All such plans shall be prepared by a registered state professional engineer, surveyor, soil scientist or landscape architect, and the engineer, surveyor, soil scientist or landscape architect shall perform services only in their area of certification, and shall verify that the design of all stormwater management facilities and practices meets the submittal requirements for complete applications, that the designs and plans are sufficient to comply with applicable standards and policies found in the design manual, and that the designs and plans ensure compliance with this article. (2) The submittal shall include all of the information required in the submittal checklist established by the stormwater administrator. Incomplete submittals shall be treated pursuant to section 26-103. 32-22. (c) As-built plans and final approval. (1) Upon completion of a project, and before any certificate of occupancy or certificate of zoning compliance shall be granted, the applicant shall certify that the completed project is in accordance with the approved stormwater management plans and designs, and shall submit actual as-built plans for all stormwater management facilities or practices. (2) The as-built plans shall show the final design specifications for all stormwater management facilities and practices and the field location, size, depth, and planted vegetation of all measures, controls, and devices, as installed. A registered state professional engineer shall certify, under seal, that the as-built stormwater measures, controls, and devices are in compliance with the approved stormwater management plans and designs and with the requirements of this article. A final inspection and final approval by the stormwater administrator shall occur before the release of any performance securities. (d) Other permits. No certificate of zoning compliance or certificate of occupancy shall be issued by the town without final as-built plans and a final inspection and approval by the stormwater administrator, except where multiple units are served by the stormwater practice or facilities, in which case the town may elect to withhold a percentage of permits or certificates of occupancy until as-built plans are submitted and final inspection and approval has occurred. (Code 2003, § 32-23; Ord. No. 09-05, 3-19-2009) Sec. 26-105. Approvals. (a) Effect of approval. Approval authorizes the applicant to go forward with only the specific plans and activities authorized in the permit. The approval shall not be construed to exempt the applicant from obtaining other applicable approvals from local, state, and federal authorities. (b) Time limit/expiration. (1) An approved plan shall become null and void if the applicant fails to make substantial progress on the site within 18 months after the date of approval. The stormwater administrator may grant a single, one- year extension of this time limit, for good cause shown, upon receiving a written request from the applicant before the expiration of the approved plan. (2) In granting an extension, the stormwater administrator may require compliance with standards adopted since the original application was submitted unless there has been substantial reliance on the original permit and the change in standards would infringe the applicant's vested rights. (Code 2003, § 32-24; Ord.PROOFS No. 09-05, 3-19-2009) Sec. 26-106. Appeals. (a) Right of appeal. Any aggrieved person affected by any decision, order, requirement, or determination relating to the interpretation or application of this article made by the stormwater administrator may file an appeal to the town board of adjustment within 30 days of the decision, order, requirement or determination. (b) Filing of appeal and procedures. (1) An appeal shall be taken within the specified time period by filing a notice of appeal and specifying the grounds for appeal on forms provided by the town. The stormwater administrator shall transmit to the town board of adjustment all documents constituting the record on which the decision appealed from was taken. (2) The hearing conducted by the town board of adjustment shall be conducted in the nature of a quasi- judicial proceeding with all findings of fact supported by competent, material evidence. (c) Review by superior court. Every decision of the town board of adjustment shall be subject to superior court review by proceedings in the nature of certiorari. Petition for review by the superior court shall be filed with the clerk of superior court within 30 days after the latter of the following: (1) The decision of the town board of adjustment is filed; or (2) A written copy of the decision is delivered to every aggrieved party who has filed a written request for such copy with the chair of the town board of adjustment at the time of its hearing of the case. (Code 2003, § 32-25; Ord. No. 09-05, 3-19-2009) Secs. 26-107--26-125. Reserved. DIVISION 3. STANDARDS Sec. 26-126. General standards. (a) All development or redevelopment to which this article applies shall comply with the standards of this section. (b) A 50-foot wide undisturbed vegetative buffer for new development activities and a 30-foot wide undisturbed vegetative buffer for redevelopment activities is required. The width of a buffer is measured horizontally from the normal pool elevation of impounded structures, from the top of bank for each side of streams or rivers, and from the mean high waterline of tidal waters, perpendicular to the shoreline. The town may, on a case by case basis, grant a minor variance from the vegetative buffer requirements of this section pursuant to the procedures set out in 15A NCAC 02B .0233(9)(b). Vegetative buffers and filters required by this section and any other buffers or filters required by state water quality or coastal management rules or local government requirements may be met concurrently and may contain, in whole or in part, coastal, isolated, or 404 jurisdictional wetlands that are located landward of the normal waterline. (1) Approved stormwater control best management practices (BMPs), or stormwater control structures, with the exception of wet detention ponds are allowed in the buffer and the area required to construct the practices may be disturbed. (2) Walking trails, picnic areas, benches, and water dependant structures, including, but not limited to, boat docks, boat ramps, and bulkheads, are allowed in the buffer and the area required to construct the practices may be disturbed provided that they have received all applicable federal, state, and local permits and approvals. (3) Development in urban waterfronts that meet the requirements of 15A NCAC 07H .0209(g), development in new urban waterfront areas that meet the requirements of session law 2004-117, those activities listed in 15A NCAC 07H .0209(d)(10)(A)—15A NCAC 07H .0209(d)(10)(H), and development of upland marinas that have received a Coastal Area Management Act major permit are allowed in the buffer and the area required to construct the practices may be disturbed. (4) Buffer management and maintenance. The buffer, including wetlands and floodplains, shall be managed to enhance andPROOFS maximize the unique value of these resources. Management and maintenance includes specific limitations on alteration of the natural conditions of these resources. Any substantial vegetation that is removed must be replaced accordingly. The following management and maintenance practices and activities are permitted within the buffer area: a. General pruning of trees. b. Removal and replacement of dead or diseased plant materials, and clearing nuisance of underbrush. c. The application of pesticides by appropriate professionals for the spraying of noxious weeds or non-native species as listed by the state department of agriculture and consumer services. d. Stream restoration projects, facilities and activities approved by federal, state, or local agencies. e. Individual trees within the forest buffer may be removed which are in immediate danger of falling and causing damage to dwellings, other structures, or causing blockage of the stream. f. Other timber cutting techniques approved by the agency may be undertaken within the forest buffer under the advice and guidance of the state division of forest resources, state cooperative extension service, or the United States Department of Agriculture, if necessary to preserve the forest from extensive pest infestation, disease infestation, or threat from fire. g. Repairing erosion problems internal to the buffer. h. Removal of debris after a storm event. (c) For the purposes of this section, areas defined as coastal wetlands under 15A NCAC 07H .0205, as measured landward from the normal high waterline, shall not be included in the overall project area to calculate impervious surface density. Wetlands that are not regulated as coastal wetlands pursuant to 15A NCAC 07H .0205 and that are located landward of the normal high waterline may be included in the overall project area to calculate impervious surface density. (Code 2003, § 32-36; Ord. No. 09-05, 3-19-2009) Sec. 26-127. Development or redevelopment standards for low-density projects. Low-density projects shall comply with each of the following standards: (1) Stormwater runoff from the development shall be transported from the development primarily by vegetated conveyances. As used in this section, the term "conveyance system" shall not include a stormwater collection system. Stormwater runoff from built-upon or disturbed areas that is directed to flow through any wetlands shall flow into and through these wetlands at a non-erosive velocity. In the event that excessive erosion is found to occur after the construction and final inspection, it shall be the responsibility of the permittee to make the necessary corrections to halt and prevent the erosion as well as repair the damage caused by the erosion. (2) All built-upon area shall be 30 feet landward of all perennial and intermittent surface waters. A perennial or intermittent surface water shall be deemed present if the feature is approximately shown on either the most recent version of the soil survey map prepared by the Natural Resources Conservation Service of the United States Department of Agriculture (USDA) or the most recent version of the 1:24,000 scale (7.5 minute) quadrangle topographic maps prepared by the United States Geologic Survey (USGS). An exception to this requirement may be allowed when surface waters are not present in accordance with the provisions of 15A NCAC 2B .0233(3)(a) or similar site-specific determination made using division- approved methodology. Development in urban waterfronts that meet the requirements of 15A NCAC 07H .0209(g), development in new urban waterfront areas that meet the requirements of session law 2004-117, those activities listed in 15A NCAC 07H .0209(d)(10)(A) through 15A NCAC 07H .0209(d)(10)(H), development of upland marinas, and water dependant structures, including, but not limited to, boat docks, boat ramps, and bulkheads, are allowed within 30 feet of surface waters provided that they have received all applicable federal, state, and local permits and approvals. (3) A condition of the issuance of the stormwater management permit shall require an enforceable restriction on property usage that runs with the land, such as a recorded deed restriction or protective covenants or both, to ensure that future development and redevelopment maintains the site consistent with the approved projectPROOFS plans. (Code 2003, § 32-37; Ord. No. 09-05, 3-19-2009) Sec. 26-128. Development or redevelopment standards for high-density projects. High-density projects shall implement stormwater control measures that comply with each of the following standards: (1) The measures shall control and treat runoff from all surfaces generated by 1 1/2 inches of rain. In addition, projects that are located within one-half mile and draining to SA waters must control and treat the difference in stormwater runoff from the pre- and post-development conditions for the one-year, 24- hour storm. Runoff volume draw down time shall be a minimum of 48 hours, but not more than 120 hours. (2) All structural stormwater treatment systems used to meet these requirements shall be designed to have a minimum of 85 percent average annual removal for total suspended solids (TSS). (3) General engineering design criteria for all projects shall be in accordance with 15A NCAC 2H .1008(c), as explained in the design manual. (4) All built-upon area shall be 30 feet landward of all perennial and intermittent surface waters. A surface water shall be deemed present if the feature is approximately shown on either the most recent version of the soil survey map prepared by the Natural Resources Conservation Service of the United States Department of Agriculture (USDA) or the most recent version of the 1:24,000 scale (7.5 minute) quadrangle topographic maps prepared by the United States Geologic Survey (USGS). An exception to this requirement may be allowed when surface waters are not present in accordance with the provisions of 15A NCAC 2B .0233(3)(a) or similar site-specific determination made using division-approved methodology. Development in urban waterfronts that meet the requirements of 15A NCAC 07H .0209(g), development in new urban waterfront areas that meet the requirements of session law 2004- 117, those activities listed in 15A NCAC 07H .0209(d)(10)(A) through 15A NCAC 07H .0209(d)(10)(H), development of upland marinas, and water dependant structures, including, but not limited to, boat docks, boat ramps, and bulkheads, are allowed within 30 feet of surface waters provided that they have received all applicable federal, state, and local permits and approvals. (5) Stormwater runoff from built-upon or disturbed areas that is directed to flow through any wetlands shall flow into and through these wetlands at a non-erosive velocity. In the event that excessive erosion is found to occur after the construction and final inspection, it shall be the responsibility of the permittee to make the necessary corrections to halt, prevent, and restore the erosion. (6) A condition of the issuance of the stormwater management permit shall require an enforceable restriction on property usage that runs with the land, such as recorded deed restrictions or protective covenants, or both, to ensure that future development and redevelopment maintains the site consistent with the approved project plans. (Code 2003, § 32-38; Ord. No. 09-05, 3-19-2009) Sec. 26-129. Standards for stormwater control measures. (a) Evaluation according to contents of design manual. All stormwater control measures and stormwater treatment practices (also referred to as best management practices, or BMPs) required under this article shall be evaluated by the stormwater administrator according to the policies, criteria, information, technical specifications, standards, and the specific design criteria for each stormwater practice in the design manual. The stormwater administrator shall determine whether BMPs in the plan will be adequate to meet the requirements of this article. (b) Determination of adequacy; presumptions and alternatives. Stormwater treatment practices that are designed, constructed, and maintained in accordance with the criteria and specifications in the design manual shall be presumed to meet the water quality and quantity performance standards of this article. Whenever a plan proposes to utilize a practice or practices not designed and constructed in accordance with the criteria and specifications in the design manual, the applicant shall have the burden of demonstrating that the practice shall satisfy the water quality and quantity performance standards of this article. The stormwater administrator may require the applicant to provide the documentation, calculations, and examples necessary for the stormwater administrator to determine whether such an affirmativePROOFS showing is made. (c) Separation from seasonal high water table. For structural stormwater controls that are required under this section and that require separation from the seasonal high water table, a minimum separation of two feet is required. Where a separation of two feet from the seasonal high water table is not practicable, the division of water quality may grant relief from the separation requirement pursuant to the alternative design criteria set out in 15A NCAC 02H .1008(h). No separation from the seasonal high water table is required for a secondary stormwater best management practice that is used in a series with another stormwater best management practice. (d) Additional standards. The following additional standards shall apply: (1) Remove an 85 percent average annual amount of total suspended solids; (2) For detention ponds, draw down the treatment volume no faster than 48 hours, but no slower than 120 hours; (3) Discharge the storage volume at a rate equal to or less than the predevelopment discharge rate for the one-year, 24-hour storm; and (4) Meet the general engineering design criteria set forth in 15A NCAC 02H .1008(c). (Code 2003, § 32-40; Ord. No. 09-05, 3-19-2009) Sec. 26-130. Variances. (a) Any person may petition the town board of adjustment for a variance granting permission to use the person's land in a manner otherwise prohibited by this article. To qualify for a variance, the petitioner must show all of the following: (1) Unnecessary hardships would result from strict application of this article; (2) The hardships result from conditions that are peculiar to the property, such as the location, size, or topography of the property; (3) The hardships did not result from actions taken by the petitioner; and (4) The requested variance is consistent with the spirit, purpose, and intent of this article; shall secure public safety and welfare; and shall preserve substantial justice. (b) The town board of adjustment may impose reasonable and appropriate conditions and safeguards upon any variance it grants. (c) Notwithstanding subsection (a) of this section, exceptions from the 30-foot landward location of built- upon area requirement as well as the deed restrictions and protective covenants requirements shall be granted in any of the following instances: (1) When there is a lack of practical alternatives for a road crossing, railroad crossing, bridge, airport facility, or utility crossing as long as it is located, designed, constructed, and maintained to minimize disturbance, provide maximum nutrient removal, protect against erosion and sedimentation, have the least adverse effects on aquatic life and habitat, and protect water quality to the maximum extent practicable through the use of BMPs; (2) When there is a lack of practical alternatives for a stormwater management facility; a stormwater management pond; or a utility, including, but not limited to, water, sewer, or gas construction and maintenance corridor, as long as it is located 15 feet landward of all perennial and intermittent surface waters and as long as it is located, designed, constructed, and maintained to minimize disturbance, provide maximum nutrient removal, protect against erosion and sedimentation, have the least adverse effects on aquatic life and habitat, and protect water quality to the maximum extent practicable through the use of BMPs; or (3) A lack of practical alternatives may be shown by demonstrating that, considering the potential for a reduction in size, configuration, or density of the proposed activity and all alternative designs, the basic project purpose cannot be practically accomplished in a manner which would avoid or result in less adverse impact to surface waters. (Code 2003, § 32-42; Ord.PROOFS No. 09-05, 3-19-2009) Secs. 26-131--26-158. Reserved. DIVISION 4. MAINTENANCE Sec. 26-159. General standards for maintenance. (a) Function of BMPs as intended. The owner of each structural BMP installed pursuant to this article shall maintain and operate it so as to preserve and continue its function in controlling stormwater quality and quantity at the degree or amount of function for which the structural BMP was designed. (b) Annual maintenance inspection and report. (1) The person responsible for maintenance of any structural BMP installed pursuant to this article shall submit to the stormwater administrator an inspection report from one of the following persons performing services only in their area of certification: a registered state professional engineer, surveyor, landscape architect, soil scientist, aquatic biologist, or person certified by the state cooperative extension service for stormwater treatment practice inspection and maintenance. The inspection report shall contain all of the following: a. The name and address of the land owner; b. The recorded book and page number of the lot of each structural BMP; c. A statement that an inspection was made of all structural BMPs; d. The date the inspection was made; e. A statement that all inspected structural BMPs are performing properly and are in compliance with the terms and conditions of the approved maintenance agreement required by this article; and f. The original signature of the inspector. (2) All inspection reports shall be on forms supplied by the stormwater administrator. (3) An original inspection report shall be provided to the stormwater administrator beginning one year from the date of as-built certification and each year thereafter on or before the anniversary date of the as-built certification. (Code 2003, § 32-54; Ord. No. 09-05, 3-19-2009) Sec. 26-160. Operation and maintenance agreement. (a) In general. (1) Prior to the conveyance or transfer of any lot or building site to be served by a structural BMP pursuant to this article, and prior to issuance of any permit for development or redevelopment requiring a structural BMP pursuant to this article, the applicant or owner of the site must execute an operation and maintenance agreement that shall be binding on all subsequent owners of the site, portions of the site, and lots or parcels served by the structural BMP. Until the transference of all property, sites, or lots served by the structural BMP, the original owner or applicant shall have primary responsibility for carrying out the provisions of the maintenance agreement. (2) The operation and maintenance agreement shall require the owner or owners to maintain, repair, and, if necessary, reconstruct the structural BMP, and shall state the terms, conditions, and schedule of maintenance for the structural BMP. In addition, it shall grant to the town a right of entry in the event that the stormwater administrator has reason to believe it has become necessary to inspect, monitor, maintain, repair, or reconstruct the structural BMP; however, in no case shall the right of entry, of itself, confer an obligation on the town to assume responsibility for the structural BMP. (3) The operation and maintenance agreement must be approved by the stormwater administrator prior to plan approval, and it shall be referenced on the final plat and shall be recorded with the county register of deeds upon final plat approval. A copy of the recorded maintenance agreement shall be given to the stormwater administrator within 14 days following its recordation. (b) Special requirementPROOFS for homeowners' and other associations. For all structural BMPs required pursuant to this article and that are to be or are owned and maintained by a homeowners' association, property owners' association, or similar entity, the required operation and maintenance agreement shall include all of the following provisions: (1) Acknowledgment that the association shall continuously operate and maintain the stormwater control and management facilities; (2) Establishment of an escrow account with the town, which can be expended solely for the cost of sediment or vegetative removal; structural or vegetative replacement; repair; or reconstruction of the structural BMPs. If structural BMPs are not performing adequately or as intended or are not properly maintained, the town, in its sole discretion, may remedy the situation, and in such instances the town shall be fully reimbursed from the escrow account. Escrowed funds may be spent by the association for sediment removal; structural, biological or vegetative replacement; repair; or reconstruction of the structural BMPs, provided that the town shall first consent to the expenditure; (3) Both developer contribution and annual accrued association funds shall fund the escrow account. Prior to plat recordation or issuance of construction permits, whichever shall first occur, the developer shall pay into the escrow account an amount equal to 15 percent of the estimated construction cost of the structural BMPs. Two-thirds of the total amount of the escrow fund budget shall be deposited into the escrow account within the first five years and the full amount shall be deposited within ten years following initial construction of the structural BMPs. Funds shall be deposited each year into the escrow account. A portion of the annual assessments of the association shall include an allocation into the escrow account. Any funds drawn down from the escrow account shall be replaced in accordance with the schedule of anticipated work used to create the escrow fund budget; (4) The percent of developer contribution and lengths of time to fund the escrow account may be varied by the town depending on the design and materials of the stormwater control and management facility; (5) Granting to the town a right of entry to inspect, monitor, maintain, repair, and reconstruct structural BMPs; (6) Allowing the town to recover from the association and its members any and all costs the town expends to maintain or repair the structural BMPs or to correct any operational deficiencies. Failure to pay the town all of its expended costs, after 45 days written notice, shall constitute a breach of the agreement. In case of a deficiency, the town shall thereafter be entitled to bring an action against the association and its members to pay, or foreclose upon the lien hereby authorized by the agreement against the property, or both. Interest, collection costs, and attorney fees shall be added to the recovery; (7) A statement that this agreement shall not obligate the town to maintain or repair any structural BMPs, and the town shall not be liable to any person for the condition or operation of structural BMPs; (8) A statement that this agreement shall not in any way diminish, limit, or restrict the right of the town to enforce any of its ordinances as authorized by law; and (9) A provision indemnifying and holding harmless the town for any costs and injuries arising from or related to the structural BMP, unless the town has agreed in writing to assume the maintenance responsibility for the BMP and has accepted dedication of any and all rights necessary to carry out that maintenance. (Code 2003, § 32-55; Ord. No. 09-05, 3-19-2009) Sec. 26-161. Inspection program. (a) Inspections and inspection programs by the town may be conducted or established on any reasonable basis, including routine inspections; random inspections; inspections based upon complaints or other notice of possible violations; and joint inspections with other agencies inspecting under environmental or safety laws. Inspections may include reviewing maintenance and repair records; sampling discharges, surface water, groundwater, and material or water in BMPs; and evaluating the condition of BMPs. (b) If the owner or occupant of any property refuses to permit such inspection, the stormwater administrator shall proceed to obtain an administrative search warrant pursuant to G.S. 15-27.2 or its successor. No person shall obstruct, hamper or interferePROOFS with the stormwater administrator while carrying out his or her official duties. (Code 2003, § 32-56; Ord. No. 09-05, 3-19-2009) Sec. 26-162. Performance security for installation and maintenance. (a) May be required. (1) In lieu of requiring the completion, installation, and dedication of all improvements prior to final plat or permit approval, the town council may enter into an agreement with the applicant whereby the applicant shall agree to complete all required improvements. Once said agreement is signed by both parties and the security required herein is provided, the final plat may be approved, if all other requirements of this article are met. To secure this agreement, the applicant shall provide, subject to the approval of the town council, a performance security or bond with surety, cash escrow, letter of credit or other acceptable legal arrangement for 1.25 one and twenty-five one-hundredths times the entire cost of the guaranteed improvements. (2) The performance security will ensure that BMPs are: a. Installed by the permit holder as required by the approved stormwater management plan; or b. Maintained by the owner as required by the operation and maintenance agreement. (b) Amount. (1) Installation. The amount of an installation performance security shall be the total estimated construction cost of the BMPs approved under the permit, plus 25 percent. (2) Maintenance. The amount of a maintenance performance security shall be the present value of an annuity of perpetual duration based on a reasonable estimate of the annual cost of inspection, operation and maintenance of the BMPs approved under the permit, at a discount rate that reflects the jurisdiction's cost of borrowing minus a reasonable estimate of long-term inflation. (c) Uses of performance security. (1) Forfeiture provisions. The performance security shall contain forfeiture provisions for failure to complete work within the time specified, or to initiate or maintain any actions which may be required of the applicant or owner in accordance with this article, permits issued pursuant to this article, or an operation and maintenance agreement established pursuant to this article. (2) Default. Upon default of the owner to construct, maintain, repair, or reconstruct any structural BMP in accordance with the applicable permit or operation and maintenance agreement, the stormwater administrator shall obtain and use all or any portion of the security to construct, maintain, repair or reconstruct any structural BMP in accordance with the applicable permit or operation and maintenance agreement. Such expenditure of funds shall only be made after a written request to the owner to comply with the permit or maintenance agreement. In the event of a default triggering the use of installation performance security, the town shall retain any of the unused deposited cash funds or other security, which shall be retained for the maintenance escrow fund. (3) Costs in excess of performance security. If the town takes action upon such failure by the applicant or owner, the town may collect from the applicant or owner the difference between the amount of the reasonable cost of such action and the amount of the security held, in addition to any other penalties or damages due. (4) Refund. Within 60 days of the final approval, the installation performance security shall be refunded to the applicant or terminated, except any amount attributable to the cost (plus 25 percent) of landscaping installation and ongoing maintenance associated with the BMPs covered by the security. Any such landscaping shall be inspected one year after installation and deficiencies shall be corrected for compliance with the approved plans and specifications and, if in compliance, the portion of the financial security attributable to landscaping shall be released. (Code 2003, § 32-57; Ord. No. 09-05, 3-19-2009) Sec. 26-163. Notice to owners. (a) Deed recordationPROOFS and indications on plat. The applicable operations and maintenance agreement, conservation easement, or dedication and acceptance into public maintenance (whichever is applicable) pertaining to every structural BMP on the plan shall be referenced on the final plat and shall be recorded with the county register of deeds upon final plat approval. If no subdivision plat is recorded for the site, then the operations and maintenance agreement, conservation easement, or dedication and acceptance into public maintenance, whichever is applicable, shall be recorded with the county register of deeds so as to appear in the chain of title of all subsequent purchasers under generally accepted searching principles. (b) Signage. At the determination of the stormwater administrator, to ensure compliance with this article, structural BMPs shall be posted with a conspicuous sign stating who is responsible for required maintenance and annual inspection. The sign shall be maintained so as to remain visible and legible. (Code 2003, § 32-58; Ord. No. 09-05, 3-19-2009) Sec. 26-164. Records of installation and maintenance activities. The owner of each structural BMP shall keep records of inspections, maintenance, and repairs for at least ten years from the date of creation of the record and shall submit the same upon request to the stormwater administrator. (Code 2003, § 32-59; Ord. No. 09-05, 3-19-2009) Sec. 26-165. Nuisance. The owner of each stormwater BMP, whether structural or nonstructural, shall maintain it to prevent a nuisance condition. (Code 2003, § 32-60; Ord. No. 09-05, 3-19-2009) Sec. 26-166. Maintenance easement. Every structural BMP installed pursuant to this article shall be made accessible for adequate maintenance and repair by a maintenance easement. The easement shall be recorded and its terms shall specify who may make use of the easement and for what purposes. (Code 2003, § 32-61; Ord. No. 09-05, 3-19-2009) Secs. 26-167--26-185. Reserved. DIVISION 5. ENFORCEMENT AND VIOLATIONS Sec. 26-186. General. (a) Authority to enforce. The provisions of this article shall be enforced by the stormwater administrator, his designee, or any authorized agent of the town. Whenever this article refers to the stormwater administrator, it includes his designee as well as any authorized agent of town. (b) Violation unlawful. Failure to comply with any applicable requirement, prohibition, standard, or limitation imposed by this article, or the terms or conditions of any permit or other development or redevelopment approval or authorization granted pursuant to this article, is unlawful and shall constitute a violation of this article. (c) Each day a separate offense. Each day that a violation continues shall constitute a separate and distinct violation or offense. (d) Penalty assessed after notice served. No penalty shall be assessed until the person alleged to be in violation has been served notice of the violation as described in § 50.160(C) except as provided below. Refusal to accept the notice shall not relieve the violator of the obligation to pay such penalty. (e) Responsible persons/entities. (1) Any person who erects, constructs, reconstructs, alters (whether actively or passively), or fails to erect, construct, reconstruct, alter, repair or maintain any structure, BMP, practice, or condition in violation of this article shall be subject to the remedies, penalties, or enforcement actions in accordance with this article. Persons subject to the remedies and penalties set forth herein may include any architect, engineer, builder, contractor, developer, agency, or any other person who participates in, assists, directs, creates, causes, or maintains a condition that results in or constitutes a violation of this article, or fails to take appropriate action,PROOFS so that a violation of this article results or persists; or an owner, any tenant or occupant, or any other person, who has control over, or responsibility for, the use or development of the property on which the violation occurs. (2) For the purposes of this article, the term “responsible person” shall include: a. Person maintaining condition resulting in or constituting violation. An architect, engineer, builder, contractor, developer, agency, or any other person who participates in, assists, directs, creates, causes, or maintains a condition that constitutes a violation of this article, or fails to take appropriate action, so that a violation of this article results or persists; and b. Responsibility for land or use of land. The owner of the land on which the violation occurs, any tenant or occupant of the property, any person who is responsible for stormwater controls or practices pursuant to a private agreement or public document, or any person, who has control over, or responsibility for, the use, development or redevelopment of the property. (Code 2003, § 32-72; Ord. No. 09-05, 3-19-2009) Sec. 26-187. Remedies and penalties. The remedies and penalties provided herein, whether civil or criminal, are not exclusive; may be exercised singly, simultaneously, or cumulatively; may be combined with any other remedies authorized under the law; and may be exercised in any order. (1) Remedies. a. Withholding of certificate of occupancy. The stormwater administrator or other authorized agent may refuse to issue a certificate of occupancy for the building or other improvements constructed or being constructed on the site and served by the stormwater practices in question until the applicant or other responsible person has taken the remedial measures set forth in the notice of violation or has otherwise cured the violations described therein. b. Disapproval of subsequent permits and developments approvals. As long as a violation of this article continues and remains uncorrected, the stormwater administrator or other authorized agent may withhold, and the town council, planning board, planning department, and building inspections department may disapprove, any request for permit or development approval or authorization provided for by this article or the zoning, subdivision, or building regulations for the land on which the violation occurs. c. Injunction, abatements, etc. The stormwater administrator, with the written authorization of the town manager, may institute an action in a court of competent jurisdiction for a mandatory or prohibitory injunction and order of abatement to correct a violation of this article. Any person violating this article shall be subject to the full range of equitable remedies provided in the general statutes or at common law. d. Correction as public health nuisance, costs as lien, etc. If the violation is deemed dangerous or prejudicial to the public health or public safety and is within the geographic limits prescribed by G.S. 160A-193, the stormwater administrator, with the written authorization of the town manager, may cause the violation to be corrected and the costs to be assessed as a lien against the property. e. Stop-work order. The stormwater administrator may issue a stop-work order to the person violating this article. The stop-work order shall remain in effect until the person has taken the remedial measures set forth in the notice of violation or has otherwise cured the violation or violations described therein. The stop-work order may be withdrawn or modified to enable the person to take the necessary remedial measures to cure such violation or violations. (2) Civil penalties. a. Any person who allows, acts in concert, participates, directs, or assists directly or indirectly in the creation of a violation of this article is subject to a civil penalty. A civil penalty may be assessed from the date the violation first occurs. b. Civil penalties may be assessed up to the full amount of penalty to which the town is subject for violationsPROOFS of its NPDES stormwater permit, or $5,000.00 for each violation of this article, whichever is greater. Each day of violation shall constitute a separate violation. c. Penalties may be assessed concurrently with a notice of violation for any of the following: 1. Obstructing, hampering, or interfering with an authorized town representative who is in the process of carrying out official duties under this article; 2. A repeated violation for which a notice of violation was previously given to the person responsible for the violation; or 3. Willful violation of this article. d. In determining the amount of a civil penalty, the stormwater manager shall consider any relevant mitigating and aggravating factors, including: 1. Degree and extent of harm caused by the violation; 2. Cost of rectifying the damage; 3. Amount of money saved through noncompliance; 4. Whether the violator took reasonable measures to comply with this article; 5. Knowledge of the requirements by the violator and/or reasonable opportunity or obligation to obtain such knowledge; 6. Whether the violator voluntarily took reasonable measures to restore any areas damaged by the violation; 7. Whether the violation was committed willfully; 8. Whether the violator reported the violation to an appropriate authority; 9. Technical and economic reasonableness of reducing or eliminating the discharge; and 10. Prior record of the violator in complying or failing to comply with this article or any other water pollution control ordinance or regulation. e. The stormwater manager shall determine the amount of the civil penalty to be assessed under this article and shall make written demand for payment upon the person in violation and shall set forth in detail a description of the violation for which the penalty was imposed. Notice of said assessment shall be by registered or certified mail or other means reasonably calculated to give adequate notice. If a violator does not pay a civil penalty assessed by the town within 30 days after it is due, the stormwater manager shall request the town attorney to institute a civil action to recover the amount of the assessment. The civil action shall be brought in the Brunswick county superior court or in any other court of competent jurisdiction. Such civil actions must be filed within three years of the date the notice of assessment was served on the violator. f. An assessment that is not contested is due when the violator is served with a notice of assessment. An assessment that is contested is due at the conclusion of the administrative and judicial review of the assessment. g. Civil penalties collected pursuant to this article shall be credited to the town general fund as a non- tax revenue. h. A violation of this article shall not constitute a misdemeanor or infraction punishable under G.S. 14-4, but instead shall be subject to the civil penalties fixed by this article. (Code 2003, § 32-73; Ord. No. 09-05, 3-19-2009) Sec. 26-188. Procedures. (a) Initiation/complaint. Whenever a violation of this article occurs, or is alleged to have occurred, any person may file a written complaint. Such complaint shall state fully the alleged violation and the basis thereof, and shall be filed with the stormwater administrator, who shall record the complaint. The complaint shall be investigated promptly by the stormwaterPROOFS administrator. (b) Inspection. The stormwater administrator shall have the authority, upon presentation of proper credentials, to enter and inspect any land, building, structure, or premises to ensure compliance with this article. (c) Notice of violation and order to correct. (1) When the stormwater administrator finds that any building, structure, or land is in violation of this article, the stormwater administrator shall notify, in writing, the property owner or other person violating this article. The notification shall indicate the nature of the violation, contain the address or other description of the site upon which the violation is occurring, order the necessary action to abate the violation, and give a deadline for correcting the violation. If civil penalties are to be assessed, the notice of violation shall also contain a statement of the civil penalties to be assessed, the time of their accrual, and the time within which they must be paid or be subject to collection as a debt. (2) The stormwater administrator may deliver the notice of violation and correction order personally, by the police department, code enforcement officer, by certified or registered mail, return receipt requested, or by any means authorized for the service of documents by rule 4 of the North Carolina Rules of Civil Procedure. (3) If a violation is not corrected within the period of time provided in the notification, the stormwater administrator may take appropriate action under this article to correct and abate the violation and to ensure compliance with this article. (d) Extension of time. A person who receives a notice of violation and correction order, or the owner of the land on which the violation occurs, may submit to the stormwater administrator a written request for an extension of time for correction of the violation. On determining that the request includes enough information to show that the violation cannot be corrected within the specified time limit for reasons beyond the control of the person requesting the extension, the stormwater administrator may extend the time limit as is reasonably necessary to allow timely correction of the violation. The stormwater administrator may grant extensions in addition to the foregoing extension if the violation cannot be corrected within the permitted time due to circumstances beyond the control of the person violating this article. The stormwater administrator may grant an extension only by written notice of extension. The notice of extension shall state the date prior to which correction must be made, after which the violator shall be subject to the penalties described in the notice of violation and correction order. (e) Enforcement after time to correct. After the time has expired to correct a violation, including any extension if authorized by the stormwater administrator, the stormwater administrator shall determine if the violation is corrected. If the violation is not corrected, the stormwater administrator may act to impose one or more of the remedies and penalties authorized by this article. (f) Emergency enforcement. If delay in correcting a violation would seriously threaten the effective enforcement of this article or pose an immediate danger to the public health, safety, or welfare, then the stormwater administrator may order the immediate cessation of a violation. Any person so ordered shall cease any violation immediately. The stormwater administrator may seek immediate enforcement, without prior written notice, through any remedy or penalty authorized by this article. (Code 2003, § 32-74; Ord. No. 09-05, 3-19-2009) Secs. 26-189--26-214. Reserved. DIVISION 6. RESERVED Secs. 26-215--26-236. Reserved. DIVISION 7. ILLICIT DISCHARGES Sec. 26-237. Illicit discharges and connections. (a) Illicit discharges. The discharge, emission, disposal, pouring, or pumping directly or indirectly any liquid, solid, gas, or other substance, other than stormwater to any stormwater conveyance, the waters of the state, or upon the land in a manner or amount that the substance is likely to reach a stormwater conveyance or the waters of the state is prohibited. Prohibited substances include: oil, anti-freeze, chemicals, animal waste, paints, garbage, debris, or litter. PROOFS (b) Exemptions. Nonstormwater discharges associated with the following activities are allowed provided that they do not significantly impact water quality: (1) Waterline flushing; (2) Landscape irrigation; (3) Diverted stream flows; (4) Rising groundwaters; (5) Uncontaminated groundwater infiltration (as defined at 40 CFR 35.2005(20)); (6) Uncontaminated pumped groundwater; (7) Discharges from potable water sources; (8) Foundation drains; (9) Air conditioning condensation; (10) Irrigation water; (11) Springs; (12) Water from crawl space pumps; (13) Footing drains; (14) Lawn watering; (15) Individual residential car washing; (16) Flows from riparian habitats and wetlands; (17) Dechlorinated swimming pool discharges; (18) Street wash water; and (19) Other non-stormwater discharges for which a valid NPDES discharge permit has been approved and issued by the state, and provided that any such discharges to the municipal separate storm sewer system shall be authorized by the town. (c) Illicit connections. (1) Connections to a stormwater conveyance or stormwater conveyance system that allow the discharge of non-stormwater, other than the exclusions described in subsection (a) of this section, are unlawful. Prohibited connections include, but are not limited to: floor drains, wastewater from washing machines or sanitary sewers, wash water from commercial vehicle washing or steam cleaning, and wastewater from septic systems. (2) Where such connections exist in violation of this section and said connections were made prior to the adoption of this provision or any other ordinance prohibiting such connections, the property owner or the person using said connection shall remove the connection within one year following the effective date of the ordinance from which this article is derived. However, the one-year grace period shall not apply to connections which may result in the discharge of hazardous materials or other discharges which pose an immediate threat to health and safety, or are likely to result in immediate injury and harm to real or personal property, natural resources, wildlife, or habitat. (3) Where it is determined that said connection may result in the discharge of hazardous materials or may pose an immediate threat to health and safety, or is likely to result in immediate injury and harm to real or personal property, natural resources, wildlife, or habitat; or was made in violation of any applicable regulation or ordinance, other than this section; the stormwater administrator shall designate the time within which the connection shall be removed. In setting the time limit for compliance, the stormwater administrator shall take into consideration: a. The quantityPROOFS and complexity of the work; b. The consequences of delay; c. The potential harm to the environment, to the public health, and to public and private property; and d. The cost of remedying the damage. (d) Spills. (1) Spills or leaks of prohibited substances released, discharged to, or having the potential to be released or discharged to the stormwater conveyance system, shall be contained, controlled, collected, and properly disposed. All affected areas shall be restored to their preexisting condition. (2) Persons in control of the prohibited substances immediately prior to their release or discharge, and persons owning the property on which the substances were released or discharged, shall immediately notify the fire chief and the stormwater manager of the release or discharge, as well as making any required notifications under state and federal law. Notification shall not relieve any person of any expenses related to the restoration, loss, damage, or any other liability which may be incurred as a result of said spill or leak, nor shall such notification relieve any person from other liability which may be imposed by state or other law. (e) Nuisance. Illicit discharges and illicit connections which exist within the town of Leland limits are hereby found, deemed, and declared to be dangerous or prejudiced to the public health or public safety and are found, deemed, and declared to be public nuisances. Such public nuisances shall be abated in accordance with the procedures set forth in chapter 34, 14, article III. (Code 2003, § 32-96; Ord. No. 09-05, 3-19-2009)
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Chapters 27--29 RESERVED
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Chapter 30 FLEXCODE *Editor's note— Ord. No. 13-04, § 1(exh. A), adopted February 21, 2013, repealed and reenacted chapter 31 in its entirety to read as herein set out. Formerly, chapter 31 pertained to similar subject matter, and derived from Ord. No. 11-14, § 1(exh. A), adopted December 5, 2011.
ARTICLE I. IN GENERAL Sec. 30-1. Authority. (a) The action of the town in the adoption of this chapter code is authorized under section 1.1 of the town Charter, section 1.1 and G.S. 160A-381. (b) This Code chapter was adopted as one of the instruments of implementation of the public purposes and objectives of the adopted town of Leland master plan ("master plan"). This code chapter is declared to be in accord with the master plan. (c) This Code chapter was adopted to promote the health, safety and general welfare of the town of Leland of Brunswick County, North Carolina and its citizens. (d) This Code chapter was adopted and may be amended by vote of the town council. (Code 2003, § 31-1; Ord. No. 13-04, § 1(exh. A), 2-21-2013) Sec. 30-2. Applicability. (a) Provisions of this code chapter, when applicable, are activated by "shall" when required; "should" when recommended; and "may" when optional. (b) The provisions of this code chapter, when applicable, shall take precedence over those of other codes, ordinances, regulations, and standards. (c) The existing Code of Ordinances, of Town of Leland, North Carolina (the "existing local "this Code") shall continue to be applicable to issues not covered by this code chapter except where the existing local codes would be in conflict with section 31-3, Intent. (d) Terms used throughout this code chapter may be defined in article VII of this chapter. Article VII of this chapter contains regulatory language that is integral to this code chapter. Those terms not defined in article VII of this chapter shall be interpreted in accord with most recent edition of Merriam-Webster's Collegiate Dictionary. In the event of conflicts between these definitions and those of the Town this Code, those of this code chapter shall take precedence, when applicable, except when a state or federal regulation imposes stricter provisions. (e) The metrics of all standards and tables are an integral part of this code chapter. However, the diagrams and illustrations that accompany them should be considered guidelines, with the exception of those in Tables 19 through 22, which are also legally binding. (f) Where in conflict, numerical metrics shall take precedence over graphic metrics. (Code 2003, § 31-2; Ord. No.PROOFS 13-04, § 1(exh. A), 2-21-2013) Sec. 30-3. Intent. (a) General. The intent and purpose of this code chapter is to enable, encourage, and qualify the implementation of the region, the community, the block and the building, and the transect. (b) The town. (1) The town should retain its natural infrastructure and visual character derived from topography, woodlands, farmlands and riparian corridors. (2) Growth strategies should encourage infill and redevelopment equally with new communities. (3) Development adjacent to urban areas should be structured in the pattern of infill TND or infill RCD and be integrated with the existing urban pattern. (4) Development noncontiguous to urban areas should be organized in the pattern of Clustered Land Development (CLD), Traditional Neighborhood Development (TND), or Regional Center Development (RCD) CLD, TND, or RCD. (c) The neighborhood. (1) Neighborhoods and regional centers should be compact, pedestrian-oriented, and mixed use. (2) Neighborhoods should provide daily needs within close proximity to dwellings so that residents may choose to work, recreate, and shop within walking distance of their home. (3) Interconnected networks of thoroughfares should be designed to disperse traffic and reduce the length of automobile trips. (4) Civic, institutional, and commercial activity should be embedded in town centers and neighborhood centers, not isolated in remote single-use complexes. (5) Schools should be sized and located to enable children to walk or bicycle to them. (6) A range of open space including parks, squares, community gardens, and playgrounds should be distributed within neighborhoods and downtown. (d) The block and the building. (1) Buildings and landscaping should contribute to the physical definition of thoroughfares as civic places. (2) Development should adequately accommodate automobiles while respecting the pedestrian and the spatial form of public areas. (3) Buildings should provide their inhabitants with a clear sense of geography and climate through energy efficient methods. (e) The transect. (1) Communities should provide meaningful choices in living arrangements as manifested by distinct physical environments. (2) The transect zone descriptions on Table 1 shall constitute the intent of this code chapter with regard to the general character of each of these environments. (Code 2003, § 31-3; Ord. No. 13-04, § 1(exh. A), 2-21-2013) Sec. 30-4. Process. (a) Any property to be developed under this code chapter must be part of an approved new community plan or an infill plan as defined and set forth in article IV or V of this code chapter, respectively. (b) Re-zoning procedures. (1) The procedure for rezoning to FlexCode Zone (FCZ) or transect zones (T1, T2, T3, T4, T4O, T5) as part of a new community plan or an infill plan or as standalone transect zones (T1, T2, T3, T4, T4O, T5) shall be the same as required for any other zoning district change. (2) Property zonedPROOFS FCZ will require a subsequent rezoning to a new community plan as outlined in this section. (c) The rezoning application shall include the following: (1) For new community plans, regulating plans designate the precise location of all of the following: a. Transect zones; b. Civic zones, including civic spaces and civic buildings; c. Environmental standards; d. Special districts, if any; e. Thoroughfare network and block layout; and f. Special requirements, if any. (2) For infill community plans, regulating plans designate the precise location of all of the following: a. Transect zones; b. Civic zones, including civic spaces and civic buildings; c. Environmental standards; d. Special districts, if any; e. Thoroughfare network, existing or planned; and f. Special requirements, if any. (d) Submittals of new community plans and infill community plans shall also include additional information required by this code chapter, such as: (1) Identification of pedestrian sheds and community types; (2) Requests for variances, if any; and (3) Proof of notice of proposed application to any recognized neighborhood association required to receive notice pursuant to section 66-32. (e) The process and procedure once an application is submitted shall be in accordance with the provisions of section 66-32, except that the application requirements specified in articles I, IV, and V of this chapter shall supersede the application requirements stated in chapter 66. (f) Once the property is rezoned to FlexCode Zone (FCZ) or a transect zone, the property owner is authorized to proceed under article IV or article V of this chapter, whichever is applicable, and article VI of this chapter. Building scale plans shall not be approved unless a new community plan or an infill community plan for the property has been approved, unless the property was rezoned directly to transect zones by the town. (g) Once the property owner receives approval of the required building scale plans from the technical review committee (TRC), the property owner must comply with the provisions of chapter 50 to receive plat approval, provided that any provisions concerning platting requirements that are specifically addressed in this code chapter, shall take precedence over similar requirements in chapter 50. Prior to the submission of any plat, the property to be developed under this code chapter must be part of an approved building scale plan. When reviewing a plat submitted in compliance with the provisions of this code chapter, to include approval of the building scale plan, the zoning administrator shall determine whether the community scale plans and the building scale plans were approved by the TRC and whether the plat provisions contained in chapter 50, which are not addressed in this code chapter, have been complied with. (h) Once a plat is approved, building permits may be issued only after approval of a complete building scale plan submitted in accordance with article VI of this chapter. (i) Should a violation of an approved new community plan, infill plan or building scale plan occur during construction, or should any construction, site work, or development be commenced without such an approved plan, the code enforcement officer has the right to require the owner to stop, remove, and mitigate the violation. (j) Should a violationPROOFS of an approved regulating plan occur during construction, or should any construction, site work, or development be commenced without an approved regulating plan or building scale plan, the zoning administrator has the right to require the owner to stop, remove, and/or mitigate the violation, or to secure a variance to cover the violation. (k) Authorities. (1) The administration of this code chapter shall include the following authorities: zoning administrator; technical review committee (TRC); board of adjustment; planning board; and town council. (2) Zoning administrator; functions, powers and duties. A zoning administrator, appointed by and responsible to the town manager, shall be responsible for administration and enforcement of the code this chapter as provided herein, with such assistance as the town manager may direct. For purposes of this code chapter, the functions, powers and duties of the zoning administrator more specifically include: a. To determine whether applications for new community plans or infill community plans are in accord with the requirements of this chapter. No construction of infrastructure may commence without approval of zoning compliance by the zoning administrator. b. To determine whether applications for building permits as required by the building code are in accord with the requirements of this zoning ordinance chapter. No building permit shall be issued without approval of zoning compliance by the zoning administrator. c. To determine whether the use of any structure or premises hereafter created, erected, changed, converted, enlarged or moved, wholly or partly, in use or in structure, is in accordance with this code chapter and to issue a zoning compliance certificate if the plans and applications conform to applicable zoning regulations. d. To make determinations concerning uses where there is substantial doubt as to whether a particular use or uses, or classes of uses, or characteristics of use not specifically identified in the code this chapter are of the same general character as those listed as permitted. e. To coordinate and chair the work of the technical review committee. f. To serve in an advisory capacity on code matters to the planning board, the zoning board of adjustment, the town council, and other officers or agencies, and to prepare such reports as may be appropriate in that capacity. (3) Technical review committee. a. Establishment. There is hereby established a committee to be known as the technical review committee ("TRC"). The TRC shall consist of the zoning administrator, who shall serve as chair, and a member from each regulatory agency and town department having jurisdiction over the permitting of a project as determined by the zoning administrator. The TRC shall be responsible for administratively processing applications and plans for proposed projects. b. Functions, powers and duties. 1. The geographic locations of the sectors and the standards for the transect zones shall be determined as set forth in articles II and IV through VI. 2. Projects requiring no variances, shall be processed administratively without further recourse to public consultation. An owner may appeal a decision of the TRC to the planning board and may appeal a decision of the planning board to the town council. 3. The TRC shall be responsible for approving adjustments to new community plans or infill plans, and approving building scale plans. (Code 2003, § 31-4; Ord. No. 13-04, § 1(exh. A), 2-21-13; Ord. No. 16-08 , § 1, 5-19-2016) Sec. 30-5. Variances, adjustments and appeals. (a) There shall be two types of deviation from the requirements of this code chapter: Variances and adjustments. A variance shall comply with provisions established by G.S. 160A-388 and chapter 66, article III of this Code. Adjustments toPROOFS regulating plans within approved FlexCode Zones will be authorized administratively by the TRC if the adjusted regulating plan complies with this code chapter, its tables, and all the following criteria are met: (1) Community types may not be changed through the adjustment process; (2) Within each community type, revisions to transect zone boundaries are permitted provided the adjusted regulating plan: a. Does not conflict with standards for allocation of transect zones in Table 2a; b. Does not increase the percentage of land designated as a special district above the 19-percent maximum allowed under this code chapter; and c. Does not reduce the percentage of land designated on the approved regulating plan as civic spaces below the five-percent minimum required under this code chapter. (3) There shall be two types of deviation from the requirements of this code chapter: Variances and adjustments. (b) An appeal from the decision of the zoning administrator shall comply with provisions established by G.S. 160A-388 and chapter 66, article III of this Code. (Code 2003, § 31-5; Ord. No. 13-04, § 1(exh. A), 2-21-2013) Sec. 30-6. Incentives. To encourage the use of this code chapter, the town council grants the following incentives, to the extent authorized by state law: (1) Applications under this Code chapter shall be processed administratively by the TRC. (2) Applications under this code chapter shall be processed with priority over those under this Code chapter, including those with earlier filing dates. (3) The town may reduce or waive zoning review fees. (Code 2003, § 31-6; Ord. No. 13-04, § 1(exh. A), 2-21-2013) Sec. 30-7. Tables 1 and 2. This table provides descriptions of the general character of each T-zone. It is part of section 30-3. TABLE 1. TRANSECT ZONE DESCRIPTIONS
This table provides descriptions of the general character of each T-zone. It is part of section 30-3.
[GRAPHIC] T-1 NATURAL
T-1 Natural Zone consists of lands General Natural landscape with approximating or reverting to a wilderness Character: some agricultural use condition, including lands unsuitable for settlement due to topography, hydrology or Building Not applicable vegetation. Placement:
Frontage Types: Not applicable
Typical Building Not applicable Height:
Type of Civic Parks, greenways PROOFSSpace: [GRAPHIC] T-2 RURAL
T-2 Rural Zone consists of sparsely settled lands General Primarily agricultural in open or cultivated states. These include Character: with woodland and woodland, agricultural land, grassland, and wetland and scattered irrigable desert. Typical buildings are buildings farmhouses, agricultural buildings, cabins, and Building Variable setbacks villas. Placement:
Frontage Types: Not applicable
Typical Building 1- to 2-story Height:
Type of Civic Parks, greenways Space:
[GRAPHIC] T-3 SUB-URBAN
T-3 Sub-Urban Zone is low density walkable General Lawns, and landscaped residential areas, adjacent to higher zones that Character: yards surrounding have some mixed use. Home occupations and detached single-family outbuildings are allowed. Planting is naturalistic houses; pedestrians and setbacks are relatively deep. Blocks may be occasionally large and thoroughfares irregular to accommodate natural conditions, but designed Building Large and variable front for slow movement. Placement: and side yard setbacks
Frontage Types: Porches, fences, naturalistic tree planting
Typical Building 1- to 2-story Height:
Type of Civic Parks, greenways Space:
[GRAPHIC] T-4 GENERAL URBAN
T-4 General Urban Zone consists of a mixed use General Mix of houses, but primarily residential urban fabric. It may Character: townhouses and small have a wide range of building types: single, apartment buildings, with sideyard, and rowhouses. Setbacks and scattered commercial landscaping are variable. Streets with curbs and activity; balance between sidewalks define medium-sized blocks. landscape and buildings; presence of pedestrians
PROOFSBuilding Large and variable front Placement: and side yard setbacks
Frontage Types: Porches, fences, naturalistic tree planting
Typical Building 1- to 2-story Height: Type of Civic Parks, squares, Space: greenways
[GRAPHIC] T-4O GENERAL URBAN OPEN
T-4O General Urban Open Zone consists of General Shops mixed with general mixed use buildings that accommodate Character: townhouses, small retail, offices, rowhouses and apartments. It has apartment houses, offices, a tight network of streets, with wide sidewalks, and civic buildings; trees steady street tree planting and buildings set within the public right-of- close to the sidewalks. It is similar to T-5 in use way; substantial and to T-4 in form. pedestrian activity
Building Variable setbacks; Placement: buildings oriented to street defining a street wall
Frontage Types: Stoops, shopfronts, galleries
Typical Building 3- to 4-story with some Height: variation
Type of Civic Parks, plazas and squares, Space: median landscaping
[GRAPHIC] T-5 URBAN CENTER
T-5 Urban Center Zone consists of higher General Medium to high-density density mixed use building that accommodate Character: mixed use buildings, retail, offices, rowhouses and apartments. It has civic and cultural uses. a tight network of streets, with wide sidewalks, Attached buildings steady street tree planting and buildings set forming a street wall; close to the sidewalks. trees within the public right-of-way; highest pedestrian and transit activity
Building Shallow setbacks or Placement: none; buildings oriented PROOFSto street, defining a street wall
Frontage Types: Stoops, dooryards, forecourts, shopfronts, and galleries Typical Building 3- to 5-story with a few Height: shorter buildings
Type of Civic Parks, plazas and squares; Space: median landscaping
TABLE 2. SUMMARY TABLE
[GRAPHI [GRAPHI [GRAPHI [GRAPHIC [GRAPHIC [GRAPHIC] C] C] C] ] ] a. ALLOCATION OF ZONES AND DENSITIES ALLOWED (allocation of zones per community unit, applicable to article IV of this chapter only.) (**no minimum and this includes civic space.)
CLD no 50% min. 10--30% 20--40% 20% max. not Requires minimum permitted
TND no no 30% max. 30--60% 10--20% 30% max. Requires minimum minimum
RCD no no not 20--50% 10--30% 40% max. Requires minimum minimum permitted
Residential not 1 DU per 4 DU per 12 DU per 24 DU per 36 DU per Density applicable acre acre acre acre acre
Other not not 10% 15% 15% 15--50% Functions-- applicable applicable max.** max.** max.** Density b. BLOCK SIZE
Block no no 2,400 ft. 1,900 ft. 1,900 ft. 1,600 ft. Perimeter maximum maximum max. max. max. max. c. THOROUGHFARES (see Tables 5 and 6) HW permittedPROOFS permitted permitted not not not permitted permitted permitted
BV not not permitted permitted permitted permitted permitted permitted
AV not not permitted permitted permitted permitted permitted permitted CS not not not not permitted permitted permitted permitted permitted permitted
DR not not permitted permitted permitted permitted permitted permitted
ST not not permitted permitted permitted permitted permitted permitted
RD permitted permitted permitted not not not permitted permitted permitted
Rear Lane permitted permitted permitted permitted not not permitted permitted
Rear Alley not not permitted required required required permitted permitted
Path permitted permitted permitted permitted not not permitted permitted
Passage not not permitted permitted permitted permitted permitted permitted
Bicycle permitted permitted permitted not not not Trail permitted* permitted* permitted*
Bicycle permitted permitted permitted permitted not not Lane permitted permitted
Bicycle permitted permitted permitted permitted permitted permitted Route
All paths and bicycle trails, lanes, and routes shall comply with the town comprehensive bike plan *permitted within open spaces d. CIVIC SPACES (see Table 10)
Park permitted permitted permitted permitted permitted not permitted
Green not PROOFSnot permitted permitted permitted permitted permitted permitted
Square not not permitted permitted permitted permitted permitted permitted
Plaza not not not not permitted permitted permitted permitted permitted permitted Playground permitted permitted permitted permitted permitted permitted
Community permitted permitted permitted permitted permitted permitted Garden e. LOT OCCUPATION DISPOSITION
Lot Width-- not not 70 ft. min. 30 ft. min. 30 ft. min. 30 ft. min. SF Detached applicable applicable 120 ft. 60 ft. max. 50 ft. max. 50 ft. max. max.
Lot Width-- not not 90 ft. min. 50 ft. min. 50 ft. min. 50 ft. min. Duplex applicable applicable 120 ft. 80 ft. max. 70 ft. max. 70 ft. max. max.
Lot Width-- not not not 16 ft. min. 16 ft. min. 16 ft. min. Townhouse applicable applicable applicable 36 ft. max. 36 ft. max. 36 ft. max.
Lot Width-- not not not 60 ft. min. 72 ft. min. 72 ft. min. Multifamily applicable applicable applicable 96 ft. max. 170 ft. 170 ft. max. max.
Lot Width-- not not not 16 ft. min. 16 ft. min. 16 ft. min. Mixed Use applicable applicable applicable 96 ft. max. 170 ft. 170 ft. max. max.
Lot not not 60% max. 70% max. 80% max. 80% max. Coverage-- applicable applicable Building f. SETBACKS--PRINCIPAL BUILDING
(g.1) Front not 48 ft. min. 20 ft. min. 10 ft. min. 2 ft. min. 2 ft. min. 12 Setback applicable 18 ft. max. 18 ft. max. ft. max. (Principal)
(g.2) Front not 48 ft. min. 12 ft. min. 10 ft. min. 2 ft. min. 2 ft. min. 12 Setback applicable 18 ft. max. 18 ft. max. ft. max. (Secondary)
(g.3) Side not 96 ft. min. 10 ft. min. 0 ft. min. 0 ft. min. 0 ft. min. 24 Setback applicablePROOFS or 6 ft. 24 ft. max. ft. max. total
(g.4) Rear not 96 ft. min. 12 ft. min. 3 ft. min.* 3 ft. min.* 3 ft. min.* Setback applicable
Frontage not not 40% min. 60% min. 80% min. 80% min. Buildout applicable applicable *or 15 ft. from centerlines of alley or lane. g. SETBACKS--OUTBUILDING
(h.1) Front not 20 ft. min. 20 ft. min. 20 ft. min. 40 ft. max. 40 ft. max. Setback applicable + bldg + bldg + bldg from rear from rear setback setback setback prop prop
(h.2) Side not 3 ft. or 6 3 ft. or 6 0 ft. min. 0 ft. min. 0 ft. min. Setback applicable ft. ft. or 3 ft.
(h.3) Rear not 3 ft. min. 3 ft. min. 3 ft. 3 ft. max. 3 ft. max. Setback applicable h. BUILDING DISPOSITION (see Table 11)
Edgeyard permitted permitted permitted permitted permitted permitted
Sideyard not not permitted permitted permitted permitted permitted permitted
Rearyard not not not permitted permitted permitted permitted permitted permitted i. PRIVATE FRONTAGES (see Table 13) CONFIGURATION
Common not permitted permitted permitted permitted not Yard applicable permitted
Porch and not permitted permitted permitted permitted not Fence applicable permitted
Terrace not permitted not permitted permitted permitted applicable permitted
Forecourt not permitted not permitted permitted permitted applicable permitted
Stoop not permitted not permitted permitted permitted applicable permitted
Shopfront notPROOFS not not permitted permitted permitted applicable permitted permitted
Gallery not not not permitted permitted permitted applicable permitted permitted j. BUILDING CONFIGURATION (see Table 12) Principal not 2 stories 2 stories 3 stories 4 stories 5 stories Building applicable max. max. max. max. max.
Outbuilding not 2 stories 2 stories 2 stories 2 stories 2 stories applicable max. max. max. max. max.
k. BUILDING USE (see Tables 15 and 18) USE
Residential not restricted restricted limited use open use open use applicable use use
Lodging not restricted restricted limited use open use open use applicable use use
Office not restricted restricted limited use open use open use applicable use use
Retail not restricted restricted limited use open use open use applicable use use
(Code 2003, § 31-8; Ord. No. 13-04, § 1(exh. A), 2-21-2013; Ord. No. O17-007, § 1, 5-18-2017) Secs. 30-8--30-32. Reserved.
ARTICLE II. REGIONAL PLAN Sec. 30-33. Instructions. (a) For lands within the town that have been mapped pursuant to the town master plan's framework plan, that prescribes the community types permitted in each growth sector, the articles of this code chapter regulate the standards of those community types. (b) Sectors are defined in the master plan and are comprised of open space and growth areas. Growth areas are intended for the development, evolution, and retrofitting of community units, defined in articles IV and V of this chapter, which in turn are comprised of transect zones, defined by the elements appropriate to them in article VI pf this chapter. (c) Framework plan rules established in the master plan shall be effective in the FlexCode Zone and transect zones. (d) The framework plan may be amended by the same process as a rezoning. (Code 2003, § 31-9; Ord. No. 13-04, § 1(exh. A), 2-21-2013) Secs. 30-34--30-54. Reserved. PROOFSARTICLE III. PUBLIC WORKS Sec. 30-55. Thoroughfares. (a) Instructions. (1) Thoroughfares are intended for use by vehicular and pedestrian traffic and to provide access to lots and civic spaces. Thoroughfares shall generally consist of vehicular lanes and public frontages. (2) Thoroughfares shall be designed in context with the physical form and desired design speed of the transect zones through which they pass. The public frontages of thoroughfares that pass from one transect zone to another should be adjusted accordingly or, alternatively, the transect zone may follow the alignment of the thoroughfare to the depth of one lot, retaining a single public frontage throughout its trajectory. See Table 5. (3) Pedestrian comfort shall be a primary consideration of the thoroughfare in transect Zones T3 through T5. Design conflict between vehicular and pedestrian movement generally shall be decided in favor of the pedestrian. (4) The thoroughfare network shall be designed to define blocks not exceeding the size prescribed in Table 2. The perimeter shall be measured as the sum of lot frontage lines. When more than one type of transect zone of T3, T4, T4O, or T5 exists in one block, the transect zone with the greatest area in the block shall be used to determine the maximum block perimeter. If equal, the lower transect zone number shall control. (5) All thoroughfares shall terminate at other thoroughfares, forming a network. Cul-de-sacs shall be subject to approval in the regulating plan to accommodate specific site conditions only but are generally discouraged and, if approved, shall not be longer than 150 feet as measured from the center through street to the center of the vehicular turn around. (6) Each lot shall front a vehicular thoroughfare, except that 20 percent of the lots within each transect zone may front a cross block passage. (7) Designated B-grid streets shall not require compliance with private frontage standards pursuant to Table 13 or frontage buildout pursuant to Table 2f. (8) Standards for paths and bicycle trails shall conform to guidelines as outlined in the town comprehensive bike plan. (9) Standards for thoroughfares within special districts shall be defined by Table 10. (b) Vehicular lanes—General to all Zones T1, T2, T3, T4, T4O, T5. (1) Thoroughfares may include vehicular lanes in a variety of widths for parked and for moving vehicles, including bicycles. The standards for vehicular lanes shall be as shown in Table 3. (2) A bicycle network consisting of bicycle trails, bicycle routes, bicycle lanes, and multi-use paths should be provided throughout the community. The community bicycle network shall be connected to existing or proposed regional networks wherever possible and as shown in the adopted town comprehensive bicycle plan. (c) Public frontages. (1) General to all Zones T1, T2, T3, T4, T4O, T5. a. The public frontage contributes to the character of the transect zone, and includes the types of sidewalks, curbs, planters, bikeways, lighting, and street trees. b. Public frontages should be designed as shown in Tables 5 and 6 and allocated within transect zones as specified in Table 2. c. Within the public frontages, the prescribed types of public planting and public lighting shall be as shown in Tables 7 and 8. The spacing may be adjusted up to 20 percent of requirement to accommodate specific site conditions. d. Landscape plans shall be prepared for existing and proposed landscape elements in conjunction with thePROOFS design, development, and construction documents for thoroughfares. e. Proposed street tree height and type shall be appropriate for the frontage conditions, with canopy branching height following the clearance requirements outlined in article VI of this chapter. Measurements shall be taken at the bottom of the main canopy. f. Trees with existing or potential canopy covering sidewalks, driveways, paths, plazas, alleys, lanes, parking space or street pavements shall be of a type that, at maturity or with minor pruning at installation, provide a clear height of eight feet for sidewalks and paths, 12 feet for driveways and parking spaces, and 15 feet for streets and loading areas, exclusive of tree grates or planting areas with gravel mulch. Evergreen trees shall be 24 inches through 36 inches minimum clear of any sidewalk or pavement edge at the lot line. (2) Specific to Zones T1, T2, T3. a. The public frontage shall include trees of various species, naturalistically clustered, as well as understory. b. The introduced landscape shall consist primarily of native species requiring minimal irrigation, fertilization and maintenance. (3) Specific to Zones T4, T4O, T5. The introduced landscape shall consist primarily of durable species tolerant of soil compaction. (4) Specific to Zone T4. The public frontage shall include trees planted in a regularly-spaced allee pattern of single or alternated species with shade canopies of a height that, at maturity, clears at least one story. (5) Specific to Zones T4O, T5. a. The public frontage shall include trees planted in a regularly-spaced allee pattern of single species with shade canopies of a height that, at maturity, clears at least one story. At retail frontages, the spacing of the trees may be irregular, to avoid visually obscuring the shopfronts. b. Streets with a right-of-way width of 40 feet or less shall be exempt from the tree requirement. (Code 2003, § 31-10; Ord. No. 13-04, § 1(exh. A), 2-21-2013) Sec. 30-56. Tables 3 through 8. TABLE 3. VEHICULAR LANE DIMENSIONS This table assigns lane widths to transect zones. The target speed is the determinant for each of these sections. The most typical assemblies are shown in Table 4.
Target Travel Lane T T T T T4 T PT ♦By Right Speed Width 1 2 3 4 O 5
Below 20 8 feet ♦ ♦ ♦ 6/1. mph 5
20—25 9 feet ♦ ♦ ♦ ♦ 6/1. mph 5
25—35 10 feet ♦ ♦ ♦ ♦ ♦ ♦ 8/2 PT=Pavement mph thickness PT=Base 25—35 10 feet ♦ ♦ ♦ ♦ 8/2 mph course/asphalt (in inches) Above 35 12 feetPROOFS ♦ ♦ ♦ ♦ 8/3 mph
Target Parking Lane Speed Width
20—25 (Angle) 17 feet ♦ ♦ mph
20—25 (Parallel) 7 feet ♦ mph
25—35 (Parallel) 8 feet ♦ ♦ ♦ ♦ mph
Above 35 (Parallel) 9 feet ♦ ♦ mph
Target Effective (See Table 422b) Speed Turning Radius
Below 20 5—10 feet ♦ ♦ ♦ ♦ mph
20—25 10—15 feet ♦ ♦ ♦ ♦ ♦ ♦ mph
25—35 15—19 feet ♦ ♦ ♦ ♦ ♦ ♦ mph
Above 35 19—30 feet ♦ ♦ mph
TABLE 4. VEHICULAR LANE/PARKING ASSEMBLIES The projected target speeds determine the dimensions of the vehicular lanes and turning radii assembled for thoroughfares. [GRAPHIC] TABLE 5. PUBLIC FRONTAGES--GENERAL The public frontage is the area between the private lot line and the edge of the vehicular lanes. Dimensions are given in Table 6.
a. (HW) for Highway: This frontage has open swales drained by percolation, bicycle trails and [GRAPHIC] no parking. The landscaping consists of the natural condition or multiple species arrayed in naturalistic clusters. Buildings are buffered by distance or berms.
b. (RD) For Road: This Frontage has open Swales drained by percolation and a walking Path or Bicycle Trail along onePROOFS or both sides and Yield parking. The landscaping consists of multiple species arrayed in naturalistic clusters.
c. (ST) for Street: This frontage has raised curbs drained by inlets and sidewalks separated from the vehicular lanes by individual or continuous planters, with parking on one or both sides. The landscaping consists of street trees of a single or alternating species aligned in a regularly spaced allee, with the exception that streets with a right-of-way (ROW) width of 40 feet or less are exempt from tree requirements. d. (DR) For Drive: This frontage has raised curbs drained by inlets and a wide sidewalk or paved path along one side, related to a greenway or waterfront. It is separated from the vehicular lanes by individual or continuous planters. The landscaping consists of street trees of a single or alternating species aligned in a regularly spaced allee.
e. (AV) for Avenue: This frontage has raised curbs drained by inlets and wide sidewalks separated from the vehicular lanes by a narrow continuous planter with parking on both sides. The landscaping consists of a single tree species aligned in a regularly spaced allee.
f. (CS) (AV) for Commercial Street or Avenue: This frontage has raised curbs drained by inlets and very wide sidewalks along both sides separated from the vehicular lanes by separate tree wells with grates and parking on both sides. The landscaping consists of a single tree species aligned with regular spacing where possible, but clears the storefront entrances.
g. (BV) for Boulevard: This frontage has slip roads on both sides. It consists of raised curbs drained by inlets and sidewalks along both sides, separated from the vehicular lanes by planters. The landscaping consists of double rows of a single tree species aligned in a regularly spaced allee.
TABLE 6. PUBLIC FRONTAGES--SPECIFIC This table assembles prescriptions and dimensions for the public frontage elements—curbs, walkways and planters—relative to specific thoroughfare types within transect zones. Table 6a. assembles all of the elements for the various street types. [GRAPHIC] TABLE 7. PUBLIC PLANTING This table shows six common types of tree shapes and their appropriateness for thoroughfare type and transect zone. [GRAPHIC] TABLE 8. PUBLIC LIGHTING Lighting varies in brightness and also in the character of the fixture according to the transect. [GRAPHIC] (Code 2003, § 31-11; Ord. No. 13-04, § 1(exh. A), 2-21-2013) Secs. 30-57--30-85. Reserved.
ARTICLE IV. NEW COMMUNITY PLANS Sec. 30-86. Instructions.PROOFS (a) For land areas containing a minimum of 20 contiguous acres, the provisions of this article shall be available by right, upon request for rezoning as a FlexCode Zone (FCZ) by the applicant and approval by town council. If the land areas requested for use under this code chapter are not currently zoned as a FlexCode Zone (FCZ) under this code chapter, then the developer shall not be eligible to use this code chapter until the land has been rezoned for this code chapter. This rezoning shall be subject to the requirements outlined in section 66-32 as well as the requirements in articles I and IV of this chapter. (b) New community plans must conform to the comprehensive plan, which may be amended by approval of the town council. (c) Upon rezoning of an area as a FlexCode Zone (FCZ), all parcels within the zone shall be marked as such on the official zoning map of the town. Within the FlexCode Zone, this code chapter shall be the exclusive and mandatory zoning regulation, and its provisions, and those of the subsequently approved new community plan and building scale plans, shall be applied in their entirety. (d) New community plans submitted in accordance with the provisions of this code chapter, for the appropriate sector of the framework plan and requiring no variances, shall be approved administratively by the TRC. (e) New community plans may be prepared by an owner, authorized agent, or by the planning department. (f) New community regulating plans shall include one map for each of the following showing compliance with the standards described in this article and article III of this chapter: (1) Transect zones; (2) Civic zones; (3) Thoroughfare network, existing and planned; (4) Special districts, if any; (5) Special requirements, if any; (6) Requests for variances, if any; and (7) Other maps or information as specified by the zoning administrator. (Code 2003, § 31-12; Ord. No. 13-04, § 1(exh. A), 2-21-2013) Sec. 30-87. Sequence of community design. (a) The site shall be structured using one or several pedestrian sheds, which should be located according to existing conditions, such as traffic intersections, adjacent developments, and natural features. The site or any community unit within it may be smaller or larger than its pedestrian shed. (b) Each pedestrian shed shall be designated with a community unit type in accordance with section 30-88. The pedestrian sheds shall determine the approximate boundaries and centers of the communities. (c) Areas of transect zones (section 30-89) shall be allocated within the boundaries of each community unit as appropriate to its type. See section 30-88. (d) Civic zones shall be assigned according to section 30-90. (e) Special districts, if any, shall be assigned according to section 30-91. (f) The thoroughfare network shall be laid out according to article III of this chapter, the town street infill map and the town collector street plan. A copy of the town street infill map and the town collector street plan are available in the planning department. (g) Any remnants of the site outside the pedestrian sheds shall be assigned to transect Zones T1 through T3, civic space, or special districts. (Code 2003, § 31-13; Ord. No. 13-04, § 1(exh. A), 2-21-2013) Sec. 30-88. CommunityPROOFS unit types. (a) Clustered Land Development (CLD). (1) A Clustered Land Development (CLD) shall be permitted within the S-3 Restricted Growth Sector and the S-4 Controlled Growth Sector. (2) A CLD shall be structured by one standard pedestrian shed and shall consist of no fewer than 20 acres and no more than 80 acres. (3) A CLD shall include transect zones as allocated on Table 2a. A minimum of 50 percent of the community unit shall be permanently allocated to a T1 Natural Zone and/or T2 Rural Zone. (b) Traditional Neighborhood Development (TND). (1) A Traditional Neighborhood Development (TND) shall be permitted within the S-4 Controlled Growth Sector, the S-5 Intended Growth Sector, and the S-6 Infill/Redevelopment Growth Sector. (2) A TND within the S-4 Controlled Growth Sector and the S-5 Intended Growth Sector shall be structured by one standard or linear pedestrian shed and shall be no fewer than 40 acres and no more than 160 acres. (3) A TND shall include transect zones as allocated on Table 2. (4) Larger sites shall be designed and developed as multiple communities, each subject to the individual transect zone requirements for its type as allocated on Table 2. The simultaneous planning of adjacent parcels is encouraged. (c) Regional Center Development (RCD). (1) A Regional Center Development (RCD) shall be permitted within the S-5 Intended Growth Sector and the S-6 Infill/Redevelopment Growth Sector. (2) An RCD within the S-5 Intended Growth Sector shall be structured by one long pedestrian shed or linear pedestrian shed and shall consist of no fewer than 80 acres and no more than 640 acres. (3) An RCD shall include transect zones as allocated on Table 2. (4) For larger sites, an RCD may be adjoined without buffer by one or more TNDs, each subject to the individual transect zone requirements for TND as allocated on Table 2. The simultaneous planning of adjacent parcels is encouraged. (Code 2003, § 31-14; Ord. No. 13-04, § 1(exh. A), 2-21-2013) Sec. 30-89. Transect zones. (a) Transect zones shall be assigned and mapped on each new community plan according to the percentages allocated on Table 2. (b) A transect zone may include any of the elements indicated for its T-zone number throughout this Code chapter, in accordance with intent described in Table 2. (Code 2003, § 31-15; Ord. No. 13-04, § 1(exh. A), 2-21-2013) Sec. 30-90. Civic zones.45 (a) General. (1) Civic zones dedicated for public use shall be required for each community unit and designated on the new community plan as civic space (CS) and civic building (CB). Property designated as a civic zone must also be assigned to a transect zone. (2) Civic space zones are public sites permanently dedicated to open space. (3) Civic zones type shall be established based upon the adjacent transect zone pursuant to Table 10. If more than one transect zone is adjacent, the greatest frontage length shall control the designation. (4) Civic building zones are sites dedicated for buildings operated by not-for-profit organizations dedicated to education, religion, government, transit and municipal parking, or for a use approved by the town council. (5) If a civic zonePROOFS occupies more than 20 percent of the pedestrian shed, it is subject to the creation of a special district. (6) Parking for civic zones shall be calculated per the standards of Tables 16 and 17. On-street parking available along the frontage lines that correspond to each lot shall be counted toward the parking
45 Legal Analysis: Code 2003, § 31-16. Civic zones. In subsection (c) (7), is “enfronting” correct? Revised per 10/23/17 email from attorney requirement of the proposed civic space or civic building on the lot. The required parking may also be provided within one-quarter mile of the site that it serves. Civic parking lots may remain unpaved if graded, compacted, landscaped and maintained as to remain free from any weeds, grass, or other vegetative growth within any area that any vehicle may travel. (b) Civic zones specific to T1 and T2 Zones. Civic buildings and civic spaces within T1 Natural and T2 Rural Zones shall be permitted only when approved by the town council when the regulating plan is approved. (c) Civic space (CS) specific to T3 through T5 Zones. (1) Each pedestrian shed shall assign at least five percent of its urbanized area to civic space. (2) Civic spaces shall be designed as generally described in Tables 2 and 10. (3) Those portions of the T1 Natural Zone that occur within a development project or parcel shall be part of the civic space allocation and shall conform to the civic space types specified in Tables 2 and 10. (4) Each pedestrian shed shall contain at least one main civic space. The main civic space shall be within 800 feet of the geographic center of each pedestrian shed, unless topographic conditions, pre-existing thoroughfare alignments or other circumstances prevent such location; in such case, the distance of the main civic space from the geographic center may be relocated up to 960 feet from the geographic center of the pedestrian shed. A main civic space shall conform to one of the types specified in Table 10b, 10c, or 10d. (5) The town shall accept dedication of the main civic space of each pedestrian shed. (6) Within 800 feet of every lot in residential use, one of the following shall be provided: a. A civic space designed and equipped as a playground shall be provided. A playground shall conform to Table 10e. b. A civic space designed and equipped as a green or a plaza that does not exceed one acre. (7) Each civic space shall have a minimum of 50 percent of its perimeter enfronting fronting a thoroughfare, except for parks, community gardens, and playgrounds. (8) Civic spaces may be permitted within special districts but may not exceed 50 perfect of the special district. (d) Civic buildings (CB) specific to T3 through T5 Zones. (1) The owner shall covenant to construct a meeting hall or a third place in proximity to the main civic space of each pedestrian shed. (2) Civic building sites shall not occupy more than 20 percent of the area of each pedestrian shed. (3) Civic building sites should be located within or adjacent to a civic space, or at a terminated vista. (4) Civic buildings shall be subject to the standards of article VI of this chapter. (5) Civic buildings are permitted within special districts. (e) Specific to parks. Turfgrass area and grass fields shall be planted or managed with appropriate low care and drought tolerant grasses that are mown to a high cut height or left uncut to provide a grass meadow. (f) Specific to greens. Turfgrass area shall be planted or managed with appropriate low care and drought tolerant grasses that are PROOFSmown to a high cut height. (g) Specific to squares. Turfgrass area shall be carefully graded, leveled, and planted with sod. (Code 2003, § 31-16; Ord. No. 13-04, § 1(exh. A), 2-21-2013) Sec. 30-91. Special districts. (a) Special district designations shall be assigned to areas that, by their intrinsic size, function, or configuration, cannot conform to the requirements of any transect zone or combination of zones. Conditions of development for special districts shall be determined in public hearing of the town council and recorded on Table 10. (b) Special districts shall not exceed 20 percent of the total net site area for each community type. (Code 2003, § 31-17; Ord. No. 13-04, § 1(exh. A), 2-21-2013) Sec. 30-92. Special requirements. A new community plan may designate any of the following special requirements: (1) A differentiation of the thoroughfares as A-grid and B-grid. Buildings along the A-grid shall be held to the highest standard of this code chapter in support of pedestrian activity. The frontages assigned to the B-grid shall not exceed 30 percent of the total length of frontages within a pedestrian shed. (2) Designations for mandatory and/or recommended retail frontage requiring or advising that a building provide a shopfront at sidewalk level along the entire length of its private frontage as generally illustrated in Table 13. The shopfront shall be no less than 50 percent glazed in clear glass and shaded by an awning overlapping the sidewalk as generally illustrated in Table 13. The first floor shall be confined to retail use through the depth of the second layer (Table 23d). (3) Designations for mandatory and/or recommended gallery frontage, requiring or advising that a building provide a permanent cover over the sidewalk, either cantilevered or supported by columns. The gallery frontage designation may be combined with a retail frontage designation. (4) A designation for coordinated frontage, requiring that the public frontage (Table 5) and private frontage (Table 13) be coordinated as a single, coherent landscape and paving design. (5) Designations for mandatory and/or recommended terminated vista locations, requiring or advising that the building be provided with architectural articulation of a type and character that responds visually to the location, as approved by the TRC. (6) A designation for cross block passages, requiring that a minimum eight-foot-wide pedestrian access be reserved between buildings. (Code 2003, § 31-18; Ord. No. 13-04, § 1(exh. A), 2-21-2013) Sec. 30-93. Tables 9 through 11. TABLE 9. CIVIC SPACE.
a. Park: A natural preserve available for unstructured recreation. A park may be independent of [GRAPHIC] surrounding building frontages. Its landscape shall consist of paths and trails, meadows, waterbodies, woodland and open shelters, all naturalistically disposed. Parks may be lineal, following the trajectories of natural corridors. The minimum size shall be 8 acres. Parks in excess of 15 acres may be approved as special districts.
b. Green: An open space, available for unstructured recreation. A green may be spatially defined [GRAPHIC] by landscaping rather than building frontages. Its landscape shall consist of lawn and trees, naturalistically disposed. The minimum size shall be 1/2 acre and the maximum shall be 8 acres.
c. Square: An open space available for unstructured recreation and civic purposes. A square is [GRAPHIC] spatially defined by buildingPROOFS frontages. Its landscape shall consist of paths, lawns and trees, formally disposed. Squares shall be located at the intersection of important thoroughfares. The minimum size shall be 1/2 acre and the maximum shall be 5 acres.
d. Plaza: An open space available for civic purposes and commercial activities. A plaza shall be [GRAPHIC] spatially defined by building frontages. Its landscape shall consist primarily of pavement. Trees are optional. Plazas should be located at the intersection of important streets. The minimum size shall be 1/2 acre and the maximum shall be 2 acres. e. Playground: An open space designed and equipped for the recreation of children. A [GRAPHIC] playground should be fenced and may include an open shelter. Playgrounds shall be interspersed within residential areas and may be placed within a block. Playgrounds may be included within parks and greens. There shall be no minimum or maximum size.
f. Community Garden: An open space designed and equipped for garden plots. A community [GRAPHIC] garden should be fenced and may include a tool shed. Running water is required. Community gardens shall be interspersed within residential areas and may be placed within a block or included within parks and greens. There shall be no minimum or maximum size.
TABLE 10. RESERVED TABLE 10. SPECIAL DISTRICTS The metrics for each column of this table (SD1, SD2, etc.) are to be filled in for each special district as they currently exist, or as they are permitted. More pages can be added. Special districts that do not have provisions within this code chapter shall be governed by the standards of the pre-existing zoning.
SD1 SD2 SD3 SD4 SD5 SD6
a. ALLOCATION OF ZONES per community unit, applicable to article IV of this chapter only.
CLD Requires n/a
TND Requires n/a
RCD Requires n/a
b. BLOCK SIZE
Block Perimeter n/a
c. THOROUGHFARES (See Tables 3 and 4)
HW not permitted
BV permitted AV PROOFSpermitted CS permitted
DR permitted
ST not permitted
RD not permitted
Rear Lane not permitted
Rear Alley permitted
Path not permitted
Passage permitted
Bicycle Trail not permitted
Bicycle Lane not permitted
Bicycle Route permitted d. CIVIC SPACES (see Table 10)
Park permitted
Green permitted
Square permitted
Plaza permitted
Playground permitted
Community Garden permitted e. RESERVED f. LOT OCCUPATION DISPOSITION
Lot Width 50 ft. min. 200 ft. max.
Lot Coverage stormh20 regs g. SETBACKS--PRINCIPAL BUILDING (see Tables 19 through 22)
(g.1) Front Setback 12 ft. min. 30 ft. (Principal) PROOFSmax. (g.2) Front Setback 12 ft. min. 30 ft. (Secondary) max.
(g.3) Side Setback 7.5 ft. min. 24 ft. max.
(g.4) Rear Setback 12 ft. min.
Frontage Buildout n/a
h. RESERVED
i. BUILDING DISPOSITION (see Table 11)
Edgeyard permitted
Sideyard not permitted
Rearyard not permitted
Courtyard not permitted
j. PRIVATE FRONTAGES (see Table 13) CONFIGURATION
Common Yard n/a
Porch and Fence n/a
Terrace or Dooryard n/a
Forecourt n/a
Stoop n/a
Shopfront and Awning n/a
Gallery n/a
k. BUILDING CONFIGURATION (see Table 12)
Principal Building 3 stories max.
Outbuilding 2 stories max.
l. BUILDING FUNCTION (see Tables 15 and 18) FUNCTION
Residential not permitted Lodging PROOFSnot permitted Office permitted
Retail permitted
Light Industry permitted
(Code 2003, § 31-19; Ord. No. 13-04, § 1(exh. A), 2-21-2013) Secs. 30-94--30-114. Reserved.
ARTICLE V. INFILL PLANS Sec. 30-115. Instructions. (a) Infill plans shall plan, at minimum, an area the size of the pedestrian shed commensurate with its community unit type as listed in section 30-116, and may regulate an area as small as five acres. The planning department shall determine a community unit type based on existing conditions and intended evolution in the plan area. (b) Infill plans shall consist of one or more maps showing the following: (1) The outline of the pedestrian shed and the boundaries of the community unit; (2) Transect zones and any civic zones within each pedestrian shed, assigned according to an analysis of existing conditions and future needs; (3) A thoroughfare network, existing or planned; (4) Special districts, if any; (5) Any special requirements (section 30-120); and (6) Requests or record of any variances. (c) Within any area subject to an approved regulating plan, this code chapter becomes the exclusive and mandatory regulation. Property owners within the plan area may submit site plans under article VI of this chapter in accordance with the provisions of this code chapter. (d) The owner of a parcel, or abutting parcels, consisting of five acres or more of contiguous lots, whether inside or outside an area already subject to a regulating plan, may initiate the preparation of a new community plan using this article. If the site is 40 acres or more the use of article IV of this chapter is mandatory. (Code 2003, § 31-21; Ord. No. 13-04, § 1(exh. A), 2-21-2013) Sec. 30-116. Community unit types. Infill regulating plans shall encompass one or more of the following community unit types. The allocation percentages of Table 2 do not apply. (1) Infill TND (Traditional Neighborhood Development). a. An infill TND shall be assigned to neighborhood areas that are predominantly residential with one or more mixed use corridors or centers. An infill TND shall be mapped as at least one complete standard pedestrian shed, which may be adjusted as a network pedestrian shed, oriented around one or more existing or planned common destinations. b. The edges of an infill TND should blend into adjacent neighborhoods and downtown without buffers. (2) Infill RCD (Regional Center Development). a. An infill RCD shall be assigned to areas that include department and retail uses as well as government and other civic institutions that provide regional services. An infill RCD shall be mapped as at least one complete long or linear pedestrian shed, which may be adjusted as a network pedestrianPROOFS shed, oriented around a mixed use corridor or center located on a major thoroughfare as identified by the WMPO. b. The edges of an infill RCD shall blend into adjacent neighborhoods without buffers. (Code 2003, § 31-22; Ord. No. 13-04, § 1(exh. A), 2-21-2013) Sec. 30-117. Transect zones. A transect zone shall include elements indicated by this chapter. (Code 2003, § 31-23; Ord. No. 13-04, § 1(exh. A), 2-21-2013) Sec. 30-118. Civic zones. (a) General. (1) Infill plans shall designate civic space zones (CS) and civic building zones (CB). (2) A civic zone that exceeds more than 20 percent of a pedestrian shed, shall be subject to the creation of a special district. See section 30-119. (3) Parking provisions for civic zones shall be determined by Tables 16 and 17, and article VI of this chapter. (b) Civic space zones (CS). Civic spaces shall be generally designed as described in Table 10, their type determined by the surrounding or adjacent transect zone in a process of public consultation subject to the approval of the town council. (c) Civic building zones (CB). Civic buildings shall be permitted by right on civic zones reserved in the regulating plan. (Code 2003, § 31-24; Ord. No. 13-04, § 1(exh. A), 2-21-2013) Sec. 30-119. Special districts. Areas that, by their intrinsic size, function, or configuration, cannot conform to the requirements of any transect zone or combination of zones shall be designated as special districts by the planning department in the process of preparing a regulating plan. Conditions of development for special districts shall be determined in public hearing of the town council and recorded on Table 10. (Code 2003, § 31-25; Ord. No. 13-04, § 1(exh. A), 2-21-2013) Sec. 30-120. Special requirements. An infill regulating plan may designate any of the following special requirements: (1) A differentiation of the thoroughfares as A-grid and B-grid. Buildings along the A-grid shall be held to the highest standard of this Code chapter in support of pedestrian activity. Buildings along the B-grid may be exempt from private frontage standards. The frontages assigned to the B-grid shall not exceed 30 percent of the total length of frontages within a pedestrian shed; (2) Mandatory retail frontage, requiring or advising that a building provide a shopfront at sidewalk level along the entire length of its private frontage. The shopfront shall be no less than 50 percent glazed in clear glass and shaded by an awning overlapping the sidewalk as generally illustrated in Table 14. The first floor shall be confined to retail use through the depth of the second layer (Table 23d); (3) Mandatory gallery frontage, requiring or advising that a building provide a permanent cover over the sidewalk, either cantilevered or supported by columns. The gallery frontage designation may be combined with a retail frontage designation; (4) Build-to line, requiring the placement of the building facade along the line; (5) Coordinated frontage, requiring that the public frontage (Tables 5 and 6) and private frontage (Table 13) be coordinated as a single, coherent landscape and paving design; (6) Mandatory terminated vista locations, requiring or advising that the building be provided with architectural articulation of a type and character that responds visually to the location; or (7) Cross block passages, requiring that a minimum eight-foot-wide pedestrian access be reserved between buildings. PROOFS (Code 2003, § 31-26; Ord. No. 13-04, § 1(exh. A), 2-21-2013) Sec. 30-121. Pre-existing conditions. (a) Existing buildings and appurtenances that do not conform to the provisions of this code chapter may continue in the same use and form until a substantial modification occurs, at which time, conformance with the provisions listed in this code chapter become mandatory. (b) The modification of existing buildings is permitted by right if such changes result in greater conformance with the specifications of this code chapter. (c) The restoration or rehabilitation of an existing building shall not require the provision of parking in addition to that existing. Existing parking requirements that exceed those for this code chapter may be reduced as provided by Tables 16 and 17. (Code 2003, § 31-27; Ord. No. 13-04, § 1(exh. A), 2-21-2013) Secs. 30-122--30-140. Reserved.
ARTICLE VI. LOT AND BUILDING REGULATIONS Sec. 30-141. Instructions. (a) Lots and buildings located within an approved regulating plan governed by this code chapter shall be subject to the requirements of this article. (b) Plans required by this article shall be subject to approval by the TRC or zoning administrator; whichever is deemed appropriate by the zoning administrator. Owners and developers may have the design plans required under this article prepared on their behalf. (c) Building and site plans submitted under this article shall show the following, in compliance with the standards described in this article: (1) For preliminary site and building approval: a. Building disposition; b. Building configuration; c. Building function; and d. Parking location standards. (2) For final approval, the following standards, when applicable, shall be shown in addition to the above: a. Landscape standards; b. Signage standards; c. Special requirements, if any; d. Environmental standards; e. Lighting standards; f. Hazard mitigation standards; and g. Architectural standards. (d) If platting is not required by this article, one building scale plan may be submitted that shows all the information listed above for preliminary and final building scale plans. (Code 2003, § 31-28; Ord. No. 13-04, § 1(exh. A), 2-21-2013) Sec. 30-142. Pre-existing conditions. (a) Existing buildings and appurtenances that do not conform to the provisions of this code chapter may continue in use as they are until a substantial modification occurs, at which time, conformance with the provisions listed in this article becomePROOFS mandatory. (b) The modification of existing buildings is permitted by right if such changes result in greater conformance with the specifications of this code chapter. Such modifications may require zoning and building permits. (c) The restoration or rehabilitation of an existing building shall not require the provision of parking in addition to that existing. Existing parking requirements that exceed those for this code chapter may be reduced as provided by Tables 16 through 18. (Code 2003, § 31-29; Ord. No. 13-04, § 1(exh. A), 2-21-2013) Sec. 30-143. Special requirements. To the extent that a regulating plan designates any of the following special requirements, standards shall be applied as follows: (1) Buildings along the A-grid shall be held to the highest standard of this code chapter in support of pedestrian activity. (2) A mandatory retail frontage designation requires that a building provide a shopfront at sidewalk level along the entire length of its private frontage. The shopfront shall be no less than 50 percent glazed in clear glass and may be shaded by an awning overlapping the sidewalk as generally illustrated in Table 13. Awnings, if present, shall be minimum three feet deep. (3) A mandatory gallery frontage designation requires that a building provide a permanent cover over the sidewalk, either cantilevered or supported by columns (as generally illustrated in Table 13). A gallery frontage may be combined with a retail frontage. (4) A build-to line requires the placement of the building facade along the line. (5) A coordinated frontage designation requires that the public frontage (Table 6) and private frontage (Table 13) be coordinated as a single, coherent landscape and paving design. (6) A mandatory terminated vista designation requires or advises that the building be provided with architectural articulation of a type and character that responds visually to its axial location. (7) A cross block passage designation requires that a minimum eight-foot-wide pedestrian access be reserved between buildings. (Code 2003, § 31-30; Ord. No. 13-04, § 1(exh. A), 2-21-2013) Sec. 30-144. Civic zones (CZ). (a) General. (1) Civic zones are designated on community plans as civic space (CS) or civic building (CB). (2) Parking requirements for civic zones shall be determined by Tables 16 and 17. For parking location standards, see section 30-150. (b) Civic spaces (CS). Civic spaces shall be generally designed as described in Table 10. (c) Civic buildings (CB). Civic buildings are subject to requirements of this article. (Code 2003, § 31-31; Ord. No. 13-04, § 1(exh. A), 2-21-2013) Sec. 30-145. Specific to T1 Zone. Buildings in the T1 Natural Zone are not permitted. (Code 2003, § 31-32; Ord. No. 13-04, § 1(exh. A), 2-21-2013) Sec. 30-146. Building disposition. (a) Specific to Zone T2. Building disposition shall be determined Table 11. (b) Specific to Zones T3, T4, T4O, T5. (1) Newly platted lots shall be dimensioned according to Tables 2 and 19 through 22. (2) Building dispositionPROOFS types shall be as shown in Tables 2 and 12. (3) Buildings shall be disposed in relation to the boundaries of their lots according to Tables 2 and 19 through 22. (4) One principal building at the frontage, and one outbuilding to the rear of the principal building, may be built on each lot as shown in Table 23c. (5) Lot coverage by building shall not exceed that recorded in Tables 2 and 19 through 22. (6) Facades shall be built parallel to a rectilinear principal frontage line or to the tangent of a curved principal frontage line, and along a minimum percentage of the frontage width at the setback, as specified as frontage buildout on Tables 2 and 19 through 22. (7) Setbacks for principal buildings shall be as shown in Tables 2 and 19 through 22. (8) Rear setbacks for outbuildings shall be a minimum of 14 feet measured from the centerline of the rear alley or rear lane easement. In the absence of rear alley or rear lane, the rear setback shall be as shown in Tables 2 and 19 through 22. (c) Specific to Zones T4O, T5. (1) The principal entrance shall be on a frontage line. Buildings or leasable spaces within buildings that are located on a corner lot may locate a principal entrance at such corner. (2) Newly platted lots shall be dimensioned according to Tables 2 and 19 through 22. Subdivision of lots within projects more than two acres in size shall be pursuant to the following: a. These requirements shall apply only to projects in which ownership of the entire project is retained by the same persons or entities and in which uses are limited to multifamily uses or mixed use consisting of multifamily uses and commercial uses. b. Site plans required pursuant to section 30-141(c) shall allocate lot widths and building setbacks in compliance with Tables 2 and 19 through 22. c. All criteria for building configuration must be met; as required in subsection (b) of this section, lot widths and setbacks for each building shall be shown on required site plans but subdivision of individual building sites within the permitted block perimeter shall not be required. d. All criteria for block lengths must be met and compliance with applicable subdivision requirements for establishment of proposed block perimeters and street locations shall be required. (Code 2003, § 31-33; Ord. No. 13-04, § 1(exh. A), 2-21-13; Ord. No. 16-03 , § 1, 2-18-2016) Sec. 30-147. Building configuration. (a) General to Zones T2, T3, T4, T4O, T5. (1) The private frontage of buildings shall conform to and be allocated in accordance with Tables 2 and 14. (2) Buildings on corner lots shall have two private frontages as shown in Table 23. Prescriptions for the second and third layers pertain only to the principal frontage. Prescriptions for the first layer pertain to both frontages. (3) All facades shall be glazed with clear glass no less than 25 percent of the first story. (4) Building heights shall conform to Tables 2 and 13. (5) Stories may not exceed 12 feet in height from finished floor to finished ceiling, except for a first floor commercial function, which shall be a minimum of ten feet with a maximum of 25 feet. A single floor level exceeding 12 feet, or 25 feet at ground level, shall be counted as two stories. Mezzanines extending beyond 33 percent of the floor area shall be counted as an additional story. (6) In a parking structure or garage, each above ground level counts as a single story regardless of its relationship to habitable stories. (7) Height limits do not apply to attics or raised basements, masts, belfries, clock towers, chimney flues, water tanks, orPROOFS elevator bulkheads. Attics shall not exceed 12 feet in height. (8) The habitable area of an accessory unit within a principal building or an outbuilding shall not exceed 640 square feet, excluding the parking area. (9) Eighty percent of all facades on the primary frontage, as defined in article VII of this chapter, after subtracting pedestrian doorways and windows, shall not include metal siding, vinyl siding and EIFS. This subsection shall not apply to single- and two-family dwelling units. (b) Specific to Zone T3. (1) With the exception of awning provisions as stated in this article, no portion of the private frontage may encroach the sidewalk. (2) Open porches may encroach the first layer 50 percent of its depth (Table 23d). (3) Balconies and bay windows may encroach the first layer 25 percent of its depth, except that balconies on porch roofs may encroach as does the porch. (c) Specific to Zone T4. Balconies, open porches and bay windows may encroach the first layer 50 percent of its depth (Table 23d). (d) Specific to Zones T4O, T5. (1) Awnings may encroach the sidewalk to within two feet of the curb but must clear the sidewalk vertically by at least eight feet. (2) Stoops, lightwells, balconies, bay windows, and terraces may encroach the first layer 100 percent of its depth (Table 23d). (3) Loading docks and service areas shall be permitted only on B-grid frontages. (4) In the absence of a building facade along any part of a frontage line, a streetscreen shall be built coplanar with the facade. (5) Streetscreens shall be between 3.5 and eight feet in height. The streetscreen may be replaced by an evergreen hedge. Streetscreens shall have openings no larger than necessary to allow automobile and pedestrian access. (Code 2003, § 31-34; Ord. No. 13-04, § 1(exh. A), 2-21-2013; Ord. No. 13-21, § 1, 9-19-2013) Sec. 30-148. Building function. (a) General to Zones T2, T3, T4, T4O, T5. Buildings shall conform to the functions on Tables 2k, 15, and 18. (b) Specific to Zones T2, T3, T4. Accessory functions of restricted lodging or restricted office shall be permitted within an accessory building. See Table 14. (c) Specific to Zones T4O, T5. (1) First story commercial functions shall be permitted by right. (2) Manufacturing functions within the first story may be permitted by conditional use. (Code 2003, § 31-35; Ord. No. 13-04, § 1(exh. A), 2-21-2013) Sec. 30-149. Parking and density calculations. (a) Specific to Zones T2, T3. Buildable density on a lot shall be determined by the actual parking provided within the lot as applied to the functions permitted in Table 15. (b) Specific to Zones T4, T4O, T5. (1) Buildable density on a lot shall be determined by the sum of the actual parking calculated as that provided: a. Within the lot; b. Along thePROOFS parking lane corresponding to the lot frontage; and c. By purchase or lease from a civic parking reserve within 800 feet, if available. (2) The actual parking may be adjusted upward according to the parking occupancy rates of Table 16 to determine the effective parking. (3) Based on the effective parking available, the density of the projected function may be determined according to Table 15. (4) Accessory units do not count toward density calculations. (5) Linear buildings less than 30 feet deep and no more than two stories shall be exempt from parking requirements. (Code 2003, § 31-36; Ord. No. 13-04, § 1(exh. A), 2-21-2013) Sec. 30-150. Parking location standards. (a) General to Zones T2, T3, T4, T4O, T5, CZ. (1) Parking shall be accessed by rear alleys or rear lanes, when such are available on the regulating plan. (2) Open parking areas shall be masked from the frontage by a building or streetscreen. (3) For buildings on B-grids, open parking areas may be allowed unmasked on the frontage, except for corner lots at intersections with the A-grid when the following conditions are met: a. The unmasked open parking area does not exceed 25 percent of the total required parking for the site; and b. At least one of the exceptional design standards listed in appendix A of this chapter are met. (b) Specific to Zones T2, T3, CZ. (1) Open parking areas shall be located at the second and third lot layers, except that driveways, drop-offs and unpaved parking areas may be located at the first lot layer (Table 23d). (2) Garages shall be located at the third layer, except that side- or rear-entry types may be allowed in the second layer. (c) Specific to Zones T3, T4, CZ. Driveways at frontages shall be no wider than ten feet in the first layer. (d) Specific to Zones T4, CZ. All parking areas and garages shall be located at the third layer (Table 23d). (e) Specific to Zones T4O, T5, CZ. (1) All parking lots, garages, and parking structures shall be located at the third layer (Table 23d). (2) Vehicular entrances to parking lots, garages, and parking structures shall be no wider than 22 feet at the frontage. (3) Pedestrian exits from all parking lots, garages, and parking structures shall be directly to a frontage line (i.e., not directly into a building) except underground levels which may be exited by pedestrians directly into a building. (4) Parking structures on the A-grid shall have linear buildings lining the first story. (5) A minimum of one bicycle rack place shall be provided within the public or private frontage for every 20 vehicular parking spaces. Bicycle racks placed within the public frontage require the approval of the zoning administrator. (Code 2003, § 31-37; Ord. No. 13-04, § 1(exh. A), 2-21-2013) Sec. 30-151. Landscape standards. (a) Intent. (1) Purpose. A transect-based landscape plan provides many aesthetic, ecological, functional and health and safety benefits. The standards of this section promote public health, safety and welfare by establishing minimum standardsPROOFS for the design, construction, and maintenance of landscape improvements for public frontages and private frontages, lots, buildings, civic spaces, thoroughfares and special requirements. (2) Aesthetics/walkability. These standards should enhance the overall aesthetic condition of communities, neighborhoods and the public realm with landscaping by: a. Coordinating public frontages and private frontages. b. Providing spatial definition to the public realm. c. Providing screening of unsightly places and/or mitigation of conditions that are incongruent with section 30-3, including, but not limited to, the edges of special districts. (3) Health/safety. These standards should enhance comfort, safety and utilization of the public realm by moderating the local microclimate through the application of trees and landscaping to: a. Improve air quality. b. Mitigate noise pollution. c. Provide seasonal shade, sun and temperature regulation. d. Reduce reflected light. e. Mitigate wind gusts. f. Provide a partial barrier between sidewalks and vehicular lanes. g. Provide areas for the convenient removal and storage of snow. (4) Ecology/energy. These standards should provide ecological benefits, including, but not limited to: a. Conservation of energy used in buildings though strategic shading and wind breaks. b. Interception of precipitation by vegetative canopies. c. Percolation of precipitation through pervious landscape areas. d. Reduction in the insulation of pavements and other hard surfaces associated with urban heat islands through vegetative canopy cover. e. Conservation of soil and prevention of soil erosion through vegetative cover, root growth and wind breaks. f. Conservation of water through xeriscape design strategies, including, but not limited to: 1. The application and maintenance of landscape mulch to retain soil moisture. 2. The selection of low-water-use and drought tolerant plants. 3. The design and operation of efficient irrigation systems. (b) General to Zones T2, T3, T4, T4O, T5. (1) Landscape design standards. a. The spacing and placement of plants shall be adequate and appropriate for the typical size, shape and habit of the plant species at maturity. b. Proposed trees and understory trees shall be centered horizontally and minimally: 1. Two feet from walkways, curbing, and other impervious pavements when planted in a tree well or continuous planter; 2. Three feet from walkways, curbing and other impervious pavements when planted in a continuous swale; 3. Five feet from street lights, underground utilities, utility meters and service lines, fences, walls and other ground level obstructions; 4. Six feet from porch eaves, and awnings and similar overhead obstructions associated with the ground level of buildings; 5. EightPROOFS feet from balconies, verandas, building eaves and cornices, and similar overhead obstructions associated with the upper stories of buildings. c. Proposed trees shall be a minimum height of ten feet and/or three inches in caliper. d. Proposed understory trees shall be a minimum of eight feet in height and/or 2.5 inches in caliper. e. Proposed shrubs shall be of a five-gallon container minimum. Shrubs shall be seventeen inches through 22 inches minimum clear from any sidewalk or pavement edge at the lot line. f. Ground vegetation or shrub plantings with spines, thorns or needles that may present hazards to pedestrians, bicyclists or vehicles are prohibited in the first two feet of the first layer. g. Bare and exposed ground on the site and/or in landscaped areas shall be covered with live plant materials and/or mulch, with the following exceptions: 1. Naturally occurring creek beds, rock outcroppings or similar landscape features typically lacking in vegetation. 2. Agricultural fields seasonally tilled for cultivation. 3. Hiking trails and/or traces. 4. Clay or sand surfaces associated with recreation fields and facilities. h. Artificial plants or artificial turf are prohibited, excluding active recreation sports fields that are typically subject to intense use and soil compaction which prohibits the establishment of turfgrass, and where paving or grass paving systems will not suffice given the area's purpose and level of use. i. All required landscape areas shall be irrigated by an automatic underground irrigation system. 1. Where possible and practical, bubbler, drip irrigation, and soaker hose emitters shall be utilized. 2. Each irrigation system shall be equipped with a meter, backflow preventer and a suitable controller. j. Constructed water features such as fountains, streams and ponds that operate with water recirculation systems shall be designed to prevent seepage and leaks. k. Buffers and screening elements shall be used to screen parking areas from public view, to screen service yards and other places that are unsightly. (2) Landscape construction standards. a. All plant materials shall meet with the minimum container size, class and other requirements outlined in American Standard for Nursery Stock (most recent edition) published by the American Nursery and Landscape Association (ANLA). b. The soil structure of planting strips shall be protected from compaction with a temporary construction fence. Standards of access, excavation, movement, storage and backfilling of soils in relation to the construction and maintenance of deep utilities and manholes shall be specified. c. The topsoil within the construction area's limits of disturbance shall be removed, stored and amended as recommended by a landscape soils test. d. Wind erosion shall be mitigated and controlled though dust abatement and similar practices during the period of site work and construction. e. Landscape soils that have been compacted during construction activities shall be loosened and aerated to a depth of at least six inches before planting. f. Plants shall have normal, well-developed branches and vigorous root systems. g. Temporary spray irrigation systems may be used to establish seeded areas for grass and groundcover. (3) Landscape maintenance. a. All grassPROOFS and vegetation shall be lightly fertilized to avoid fertilizer pollution to groundwater, streams and ponds. b. No disturbed ground shall be left exposed. Turfgrass and other approved and appropriate groundcovers or mulch shall cover all non-paved and non-built developed areas. c. It shall be the responsibility of the property owner or his assigned agent to: 1. Maintain and keep all screening and fencing in good condition at all times; 2. Maintain landscaping by keeping turfgrass lawns properly mowed and edged, plants properly pruned and disease-free, and planting beds mulched, groomed and weeded, except in T1, T2, and areas of naturally occurring vegetation and undergrowth; and 3. Replace any required planting which are significantly damaged, removed, infested, disease ridden, or dead within one year or the next planting season, whichever occurs first, except in the T1 Zone, the T2 Zone and other areas of naturally occurring vegetation and undergrowth. (c) Specific to Zones T2, T3, T4. (1) The first layer may not be paved, with the exception of driveways as specified in this article. (2) The minimum required landscape area shall be 30 percent of the first layer of the principal frontage and the secondary frontage. The second layer shall not have less than 20 percent landscaped area for the entire site. (3) Preservation of on-site existing trees and vegetation is encouraged and may be used to fulfill the landscape requirements. a. The root zones of existing trees and vegetation to be preserved shall be protected from clearing or construction activities. b. Natural communities and areas of naturalized vegetation may be exempt from the installation irrigation systems. c. The size and limits of existing vegetation shall be indicated on the landscape plan. d. Priority shall be given to preserving and protecting significant trees that provide screening, buffering, wildlife habitat and/or linkages to wildlife habitat. 1. The applicant may remove mature, healthy, noninvasive trees only within areas of a lot that are inside the proposed footprint of the primary structure. 2. The applicant shall replace mature trees that are removed on the site with trees of the same or similar species whose combined caliper dimensions equal that of the tree removed. e. During construction, the root zone of existing vegetation to be preserved shall be enclosed by a temporary protective fence. (4) Open spaces and civic space shall remain fenced and protected during all adjacent site work and construction activities unless alterations to them are otherwise specified by the plans. (5) All landscape areas compacted during construction activities shall be re-tilled and reconditioned to provide an arable topsoil layer that can support the long-term health and vitality of landscaping. (6) The topsoil within the construction area's limits of disturbance shall be removed, stored and amended with organic soil additives as recommended by a landscape soils test prior to being redistributed. (d) Specific to Zone T3. (1) One tree shall be planted within the first layer for every 800 square feet of landscape area or any portion thereof (Table 23d). a. Substitutions. 1. One tree may be substituted for two understory trees; 2. One understory tree may be substituted for ten shrubs. b. Tree preservationPROOFS credit. 1. One tree may be substituted for an existing tree to be preserved provided that it: (i) It Is four inches DBH or greater; (ii) Possesses a healthy and full canopy; (iii) Has an unmolested CRZ; (iv) Has incurred no damage that would undermine its long-term vitality and quality. 2. One additional tree may be substituted for each additional three inches DBH of existing tree to be preserved in accordance with subsection (d)(1)b.1 of this section. (2) Trees may be of single or multiple species. (3) Trees shall be naturalistically clustered in conjunction with adjacent street trees. (e) Specific to Zone T4. (1) A minimum of one understory tree or ten shrubs shall be planted within the first layer for every 500 square feet of first layer landscape area (Table 23.d). (2) Trees, if planted, should match the species of adjacent street trees on the public frontage. (3) Parking spaces shall be broken with landscape islands every 20 spaces. (4) The landscape islands shall be distributed throughout the lot and may be combined as a component of a stormwater management plan to facilitate water harvesting. Landscape islands may be omitted for solar panel installations or other shading structures of equal or greater coverage. (5) Parking areas that exceed 120 spaces shall include a minimum of eight-foot-wide pedestrian walkway. The pavements of such walkways shall be differentiated from parking area pavement through a change in surface texture, material, style, and/or color. (6) Porous paving materials are encouraged in order to increase stormwater infiltration on site. (f) Specific to Zones T4O, T5. (1) Landscape islands in interior parking lots shall only occur at the end of drive aisles. Islands should be the minimum size for healthy growth for the specific species of tree. (2) Porous paving materials should be used in order to increase stormwater infiltration on site. (g) Specific to special districts. (1) Buffers and screening elements shall be used to screen parking areas from public view, to screen service yards and other places that are unsightly, and to buffer between the special district and the adjacent transect zone. a. A frontage landscape buffer, which may also include the sidewalk, shall be a minimum of ten feet in depth, measured from the frontage line and running its full width. 1. A minimum of one tree shall be planted within the first layer for every 700 square feet of frontage landscape buffer. 2. Fifty percent or more of the frontage landscape buffer must have shrubs and vegetative cover. b. An interior landscape buffer located along common property lines shall be required between a special district and an adjacent T-zone. 1. A minimum of one tree shall be planted within the side and rear setbacks for every 700 square feet of interior landscape buffer. 2. Fifty percent of the interior landscape buffer shall be covered with vegetation. (2) Shrubs shall be five-gallon container and 24 inches height minimum, and of a type that, at maturity, will provide a continuous opaque screen at least 36 inches in height. (3) Trees shall bePROOFS four inches caliper minimum, or in the case of evergreen trees, 12 feet minimum height. (Code 2003, § 31-38; Ord. No. 13-04, § 1(exh. A), 2-21-2013) Sec. 30-152. Signage. Chapter 42 shall apply using the immediately previous designated zoning district. (Code 2003, § 31-40; Ord. No. 13-04, § 1(exh. A), 2-21-2013) Sec. 30-153. Tables 12 through 22. TABLE 11. BUILDING DISPOSITION This table approximates the location of the structure relative to the boundaries of each individual lot, establishing suitable basic building types for each transect zone.
a. Edgeyard: Specific types—Single-family house, cottage, villa, estate house, urban villa. A [GRAPHIC] building that occupies the center of its lot with setbacks on all sides. This is the least urban of types as the front yard sets it back from the frontage, while the side yards weaken the spatial definition of the public thoroughfare space. The front yard is intended to be visually continuous with the yards of adjacent buildings. The rear yard can be secured for privacy by fences and a well-placed backbuilding and/or outbuilding.
b. Sideyard: Specific types—Charleston single house, double house, zero lot line house, twin. A [GRAPHIC] building that occupies one side of the lot with the setback to the other side. A shallow frontage setback defines a more urban condition. If the adjacent building is similar with a blank side wall, the yard can be quite private. This type permits systematic climatic orientation in response to the sun or the breeze. If a sideyard house abuts a neighboring sideyard house, the type is known as a twin or double house. Energy costs, and sometimes noise, are reduced by sharing a party wall in this disposition.
c. Rearyard: Specific types—Townhouse, rowhouse, live-work unit, loft building, apartment [GRAPHIC] house, mixed use block, flex building, perimeter block. A building that occupies the full frontage, leaving the rear of the lot as the sole yard. This is a very urban type as the continuous facade steadily defines the public thoroughfare. The rear elevations may be articulated for functional purposes. In its residential form, this type is the rowhouse. For its commercial form, the rear yard can accommodate substantial parking.
d. Courtyard: Specific types—Patio house. A building that occupies the boundaries of its lot [GRAPHIC] while internally defining one or more private patios. This is the most urban of types, as it is able to shield the private realm from all sides while strongly defining the public thoroughfare. Because of its ability to accommodate incompatible activities, masking them from all sides, it is recommended for workshops, lodging and schools. The high security provided by the continuous enclosure is useful for crime-prone areas.
e. Specialized: A building that is not subject to categorization. Buildings dedicated to [GRAPHIC] manufacturing and transportation are often distorted by the trajectories of machinery. Civic building, which may express the aspirations of institutions, may be included.
TABLE 12. BUILDING CONFIGURATION This table shows the configurations for different building heights for each transect zone. It must be modified to show actual calibrated heights for local conditions. Recess lines and expression lines shall occur on higher buildings as shown. See PROOFSTable 2j. [GRAPHIC] TABLE 13. PRIVATE FRONTAGES The private frontage is the area between the building facades and the lot lines.
a. Common Yard: A planted frontage wherein the facade is set back substantially from the [GRAPHIC] frontage line. The front yard created remains unfenced and may be visually continuous with adjacent yards, supporting a common landscape. The deep setback provides a buffer from the higher speed thoroughfares.
b. Porch and Fence: A planted frontage wherein the facade is set back from the frontage line [GRAPHIC] with an attached porch permitted to encroach. A fence at the frontage line maintains street spatial definition. Porches shall be no less than eight feet deep.
c. Terrace or Lightwell: A frontage wherein the facade is set back from the frontage line by an [GRAPHIC] elevated terrace or a sunken lightwell. This type buffers residential use from urban sidewalks and removes the private yard from public encroachment. Terraces are suitable for conversion to outdoor cafes. Syn: Dooryard.
d. Forecourt: A frontage wherein a portion of the facade is close to the frontage line and the [GRAPHIC] central portion is set back. The forecourt created is suitable for vehicular drop-offs. This type should be allocated in conjunction with other frontage types. Large trees within the forecourts may overhang the sidewalks.
e. Stoop: A frontage wherein the facade is aligned close to the frontage line with the first story [GRAPHIC] elevated from the sidewalk sufficiently to secure privacy for the windows. The entrance is usually an exterior stair and landing. This type is recommended for ground-floor residential use.
f. Shopfront: A frontage wherein the facade is aligned close to the frontage line with the [GRAPHIC] building entrance at sidewalk grade. This type is conventional for retail use. It has a substantial glazing on the sidewalk level and an awning that may overlap the sidewalk to within two feet of the curb. Syn: Retail frontage.
g. Gallery: A frontage wherein the facade is aligned close to the frontage line with an attached [GRAPHIC] cantilevered shed or a lightweight colonnade overlapping the sidewalk. This type is conventional for retail use. The gallery shall be no less than ten feet wide and should overlap the sidewalk to within two feet of the curb.
[GRAPHIC]
TABLE 14. BUILDING FUNCTION This table categorizes building functions within transect zones. Parking requirements on Tables 16 and 17 are correlated to functional intensity. For specific function and use permitted by right, see Table 17.
PROOFST2, T3 T4 T4O, T5
a. RESIDENTIAL Restricted Residential: The Limited Residential: The Open Residential: The number of dwellings on each number of dwellings on each number of dwellings on lot is restricted to one within lot is limited by the each lot is limited by the a principal building and one requirement of 1.5 parking requirement of one within an accessory places for each dwelling, a parking place for each building, with two parking ratio which may be reduced dwelling, a ratio which places for each. Both according to the shared may be reduced according dwellings shall be under parking standards (See Table to the shared parking single ownership. The 16). standards (See Table 16). habitable area of the accessory unit shall not exceed 440 square feet, excluding the parking area. b. LODGING Restricted Lodging: The Limited Lodging: The Open Lodging: The number of bedrooms number of bedrooms number of bedrooms available on each lot for available on each lot for available on each lot for lodging is limited by the lodging is limited by the lodging is limited by the requirement of one assigned requirement of one assigned requirement of one parking place for each parking place for each assigned parking place for bedroom, up to five, in bedroom, up to 12, in each bedroom. Food addition to the parking addition to the parking service may be provided at requirement for the requirement for the all times. The area dwelling. The lodging must dwelling. The lodging must allocated for food service be owner-occupied. Food be owner-occupied. Food shall be calculated and service may be provided in service may be provided in provided with parking the a.m. The maximum the a.m. The maximum according to retail length of stay shall not length of stay shall not function. exceed ten days. exceed ten days. c. OFFICE Restricted Office: The Limited Office: The building Open Office: The building building area available for area available for office use area available for office office use on each lot is on each lot is limited to the use one each lot is limited restricted to the first story of first story of the principal by the requirement of two the principal or the building and/or to the assigned parking places accessory building and by accessory building, and by per 1,000 square feet of the requirement of three the requirement of three net office space. assigned parking places per assigned parking places per 1,000 square feet of net 1,000 square feet of net office space in addition to office space in addition to the parking requirement for the parking requirement for each dwelling. each dwelling. d. RETAIL Restricted Retail: The Limited Retail: The building Open Retail: The building building area available for area available for retail use area available for retail use retail use is restricted to one is limited to the first story of is limited by the block corner location at the buildings at corner locations, requirement of three firstPROOFS story for each 300 not more than one per block, assigned parking places dwelling units and by the and by the requirement of per 1,000 square feet of requirement of four assigned four assigned parking places net retail space. Retail parking places per 1,000 per 1,000 square feet of net spaces under 1,400 square square feet of net retail space retail space in addition to the feet are exempt from in addition to the parking parking requirement of each parking requirements. requirement of each dwelling. The specific use dwelling. The specific use shall be further limited to shall be further limited to neighborhood store, or food neighborhood store, or food service seating no more than service seating no more than 40. 20.
e. CIVIC See Table 17 See Table 17 See Table 17
f. OTHER See Table 17 See Table 17 See Table 17
TABLE 15. PARKING CALCULATIONS The gross minimum number of parking spaces listed below shall be multiplied by the "occupancy rate" as found in Table 16, for each use for the weekday night, daytime and evening periods, respectively, and weekend night, daytime and evening periods, respectively. The gross minimum numbers of parking spaces for each of the purposes referred to for each time period shall be added to produce the aggregate gross minimum numbers of parking spaces for each time period.
T2, T3 T4 T4O, T5
RESIDENTIAL 1.0/dwelling 1.0/dwelling 1.0/dwelling
LODGING 1.0/unit 1.0/unit 1.0/unit
OFFICE 2.0/1,000 s.f. 2.0/1,000 s.f. 2.0/1,000 s.f.
RETAIL 3.0/1,000 s.f. 3.0/1,000 s.f. 3.0/1,000 s.f.
CIVIC 1/5 seats assembly use 1/5 seats assembly use 1/5 seats assembly use
1/1,000 s.f. of exhibition or 1/1,000 s.f. of exhibition or 1/1,000 s.f. of exhibition or indoor recreation area. indoor recreation area. indoor recreation area.
Parking requirement may be Parking requirement may be Parking requirement may be reduced according to the reduced according to the reduced according to the Parking Occupancy Rate Parking Occupancy Rate Parking Occupancy Rate Table 16. Table 16. Table 16.
1 bicycle rack space/20 1 bicycle rack space/20 1 bicycle rack space/20 vehicular spaces required. vehicular spaces required. vehicular spaces required.
Parking ratio may be reduced Parking ratio may be reduced Parking ratio may be reduced withinPROOFS 1/4 mile radius of a within 1/4 mile radius of a within 1/4 mile radius of a transit corridor by 30 transit corridor by 30 transit corridor by 30 percent. percent. percent.
Parking may be provided by Parking may be provided by Parking may be provided by ownership or lease offsite ownership or lease offsite ownership or lease offsite within 1,000 feet. within 1,000 feet. within 1,000 feet.
TABLE 16. PARKING OCCUPANCY RATE TABLE
USES M--F M--F M--F Sat & Sun Sat & Sun Sat & Sun
8:00 a.m.-- 6:00 p.m.-- 12:00 a.m.- 8:00 a.m.-- 6:00 p.m.-- 12:00 a.m.- 6:00 p.m. 12:00 a.m. -8:00 a.m. 6:00 p.m. 12:00 a.m. -8:00 a.m.
Residential 60% 100% 100% 80% 100% 100%
Office 100% 20% 5% 5% 5% 5%
Retail 90% 80% 5% 100% 70% 5%
Hotel 70% 100% 100% 70% 100% 100%
Restaurant 70% 100% 100% 70% 100% 100%
Movie Theater 40% 80% 10% 80% 100% 10%
Entertainment 40% 100% 10% 80% 100% 50%
Conference/Conventions 100% 100% 5% 100% 100% 5%
Civic (Non-Church) 100% 20% 5% 10% 10% 5%
Civic (Church) 20% 20% 5% 100% 50% 5%
TABLE 17. SPECIFIC FUNCTION AND USE This table expands the categories of Table 14 to delegate specific functions and uses within transect zones.
T1 T2 T3 T4 T4O T5 SD a. RESIDENTIAL
Mixed Use Block ♦ ♦ ♦
Flex Building ♦ ♦ ♦ ♦
Apartment Building PROOFS ♦ ♦ ♦ ♦
Live/Work Unit ♦ ♦ ♦ ♦ ♦
Rowhouse ♦ ♦ ♦
Duplex House ♦ ♦ ♦
Courtyard House ♦ ♦ ♦
Sideyard House ♦ ♦ ♦ ♦
Cottage ♦ ♦
House ♦ ♦ ♦
Villa ♦
Accessory Unit ♦ ♦ ♦ ♦ b. LODGING
Hotel (no room limit) ♦ ♦ ♦
Inn (up to 12 rooms) ♦ ♦ ♦ ♦
Bed and Breakfast (up ♦ ♦ ♦ ♦ ♦ to 5 rooms) c. OFFICE
Office Building ♦ ♦ ♦ ♦
Flex Building ♦ ♦ ♦ ♦ d. RETAIL
Open-Market Building ♦ ♦ ♦ ♦ ♦ ♦
Retail Building ♦ ♦ ♦ ♦
Display Gallery ♦ ♦ ♦ ♦
Restaurant ♦ ♦ ♦ ♦
Kiosk ♦ ♦ ♦ ♦
Push Cart PROOFS ♦ ♦ ♦
Liquor Selling ♦ ♦ Establishment
Adult Entertainment ♦ e. CIVIC
Bus Shelter ♦ ♦ ♦ ♦ ♦
Convention Center ♦ ♦
Conference Center ♦ ♦ ♦
Exhibition Center ♦ ♦
Fountain or Public Art ♦ ♦ ♦ ♦ ♦ ♦
Library ♦ ♦ ♦ ♦
Live Theater ♦ ♦ ♦
Movie Theater ♦ ♦ ♦
Museum ♦ ♦ ♦
Outdoor Auditorium ♦ ♦ ♦ ♦ ♦
Parking Structure ♦ ♦ ♦
Passenger Terminal ♦ ♦ ♦
Playground ♦ ♦ ♦ ♦ ♦ ♦
Sports Stadium ♦ ♦
Religious Assembly ♦ ♦ ♦ ♦ ♦ ♦ f. OTHER: AGRICULTURE
Grain Storage ♦
Livestock Pen ♦ Greenhouse PROOFS♦ ♦ ♦ Stable ♦ ♦
Kennel ♦ ♦ ♦ g. OTHER: AUTOMOTIVE
Gasoline ♦ ♦ ♦ ♦
Automobile Service ♦ ♦
Truck Maintenance ♦
Drive-Through Facility ♦ ♦
Roadside Stand ♦ ♦ ♦
Billboard ♦
Strip Mall/Commercial ♦
Shopping Mall ♦ h. OTHER: CIVIL SUPPORT
Fire Station ♦ ♦ ♦ ♦ ♦
Police Station ♦ ♦ ♦ ♦
Cemetery ♦ ♦ ♦ ♦
Funeral Home ♦ ♦ ♦ ♦
Hospital ♦ ♦ ♦
Medical Clinic ♦ ♦ ♦ ♦ i. OTHER: EDUCATION
School ♦ ♦ ♦ ♦
Childcare Center ♦ ♦ ♦ ♦ ♦ ♦ j. OTHER: INDUSTRIAL Heavy Industrial PROOFS♦ Facility
Light Industrial Facility ♦
Truck Depot ♦
Laboratory Facility ♦ ♦
Water Supply Facility ♦
Sewer and Waste ♦ Facility
Electric Substation ♦
Wireless Transmitter ♦
Cremation Facility ♦
Warehouse ♦
Produce Storage ♦
Mini-Storage ♦ k. OTHER:
Electronic Gaming Electronic gaming operations as defined in chapter 66 are permitted by right in the Operations SD district with the same provisions as provided in section 60-162, Note 21.
♦ BY RIGHT Notes: (1) Adult entertainment. a. No adult establishment shall be located within 1,000 feet of another adult establishment. b. An adult establishment shall be located 1,500 feet or more from the lot line of any school, church or public park. With respect to the distance from the lot line of any school, church or public park, the distance shall be measured by following a straight line from the nearest point of the lot line of the lot on which the adult establishment is to be located to the nearest point on the lot line of such school, church or public park. (2) Family care homes and group homes as defined in chapter 66. a. A proposed family care home or group home shall be located no closer than a one-half mile radius from any existing permitted family care home or group home within any district or transect whether contiguous or not. With respect to the distance between the proposed use and the existing, permitted uses described in this subsection, the distance shall be measured by following a straight line from the nearest point of the lot line of the proposed use to the nearest point of the lot line of the lot on which thePROOFS existing facility is located. b. The board of adjustment may grant a variance from the separation requirement if shown to be a reasonable accommodation under the Fair Housing Act. TABLE 18. FORM-BASED CODE GRAPHICS—T3
See Table 2 [GRAPHIC] BUILDING CONFIGURATION [GRAPHIC] 1. Building height shall be measured in number of stories, excluding attics and raised basements. 2. Stories may not exceed 12 feet in height from finished floor to finished ceiling, except for a first floor commercial function which must be a minimum of 10 feet with a maximum of 25 feet. 3. Height shall be measured to the eave or roof deck as specified on Table 12.
LOT OCCUPATION SETBACKS--PRINCIPAL BUILDING [GRAPHIC]
Lot Width 72 ft.--119 ft. 1. The facades and elevations of principal buildings shall be distanced from the lot lines as shown. Lot Coverage 60% max. 2. Facades shall be built along the principal frontage to the minimum specified width in the table. SETBACKS--PRINCIPAL BUILDING g.1 Front 22 ft. min. Setback Primary g.2 Front 12 ft. min. Setback Secondary g.3 Side 12 ft. min. Setback g.4 Rear 12 ft. min.* Setback
Frontage 40% min. at Buildout setback
SETBACKS--OUTBUILDING h.1 Front 19 ft. min. + Setback bldg. setback h.2 Side 3 ft. PROOFSor 6 ft. at Setback corner h.3 Rear 12 ft. min.* Setback
BUILDING DISPOSITION SETBACKS--OUTBUILDING [GRAPHIC] Edgeyard permitted 1. The elevations of the outbuilding shall be distanced from the lot lines as shown. Sideyard not permitted
Rearyard not permitted
Courtyard not permitted j. PRIVATE FRONTAGES
Common Yard permitted
Fence permitted
Terrace not permitted
Forecourt not permitted
Stoop not permitted
Shopfront not permitted
Gallery not permitted
Arcade not permitted PARKING PLACEMENT [GRAPHIC]
Parking Lot not permitted 1. Uncovered parking spaces may be provided within the second and third layer as shown in the diagram (see Table k. BUILDING 23d). CONFIGURATION 2. Covered parking shall be provided within the third layer as shown in the diagram (see Table 23d). Side- or rear-entry Principal 2 stories max. garages may be allowed in the first or second layer. Building 3. Trash containers shall be stored within the third layer. Outbuilding 2 stories max. l. BUILDING FUNCTION
Residential restricted use Lodging restrictedPROOFS use Office restricted use
Retail restricted use
Industrial prohibited use PARKING PROVISIONS
See Tables 16 through 18
*or 14 ft. from centerline of rear lane
TABLE 19. FORM-BASED CODE GRAPHICS—T4
See Table 2 [GRAPHIC] BUILDING CONFIGURATION [GRAPHIC] 1. Building height shall be measured in number of stories, excluding attics and raised basements. 2. Stories may not exceed 12 feet in height from finished floor to finished ceiling, except for a first floor commercial function which must be a minimum of 10 feet with a maximum of 25 feet. 3. Height shall be measured to the eave or roof deck as specified on Table 12. LOT OCCUPATION SETBACKS--PRINCIPAL BUILDING [GRAPHIC] Lot Width 16 ft.--96 ft. 1. The facades and elevations of principal buildings shall be distanced from the lot lines as shown. Lot Coverage 70% max. 2. Facades shall be built along the principal frontage to the SETBACKS--PRINCIPAL minimum specified width in the table. BUILDING g.1 Front 6 ft. min. 17 Setback ft. max. Primary g.2 Front 6 ft. min. 17 Setback ft. max. Secondary g.3 Side 0 ft. min. Setback g.4 Rear 3 ft. min.* Setback Frontage 60% min. at Buildout setback SETBACKS--OUTBUILDINGPROOFS h.1 Front 19 ft. min. + Setback bldg. setback h.2 Side 0 ft. or 3 ft. at Setback corner h.3 Rear 3 ft. min.* Setback BUILDING DISPOSITION SETBACKS--OUTBUILDING [GRAPHIC] Edgeyard permitted 1. The elevations of the outbuilding shall be distanced from the lot lines as shown. Sideyard permitted Rearyard permitted Courtyard not permitted PRIVATE FRONTAGES Common Yard not permitted Fence permitted Terrace permitted Forecourt permitted Stoop permitted Shopfront permitted Gallery permitted Arcade not permitted PARKING PLACEMENT [GRAPHIC] Parking Lot not permitted 1. Uncovered parking spaces may be provided within the third layer as shown in the diagram (see Table 23d). BUILDING CONFIGURATION 2. Covered parking shall be provided within the third layer as shown in the diagram (see Table 23d). Side- or rear-entry Principal 3 stories max. garages may be allowed in the first or second layer. Building 3. Trash containers shall be stored within the third layer. Outbuilding 2 stories max. BUILDING FUNCTION Residential limited use Lodging limited use Office limited use Retail limited use Industrial prohibited use PARKING PROVISIONS See Tables 16 through 18 *or 14 ft. from centerline of rear lane
PROOFSTABLE 20. FORM-BASED CODE GRAPHICS—T4O
See Table 2 [GRAPHIC] BUILDING CONFIGURATION [GRAPHIC] 1. Building height shall be measured in number of stories, excluding attics and raised basements. 2. Stories may not exceed 12 feet in height from finished floor to finished ceiling, except for a first floor commercial function which must be a minimum of 10 feet with a maximum of 25 feet. 3. Height shall be measured to the eave or roof deck as specified on Table 12.
LOT OCCUPATION SETBACKS--PRINCIPAL BUILDING [GRAPHIC]
Lot Width 16 ft.--96 ft. 1. The facades and elevations of principal buildings shall be distanced from the lot lines as shown. Lot Coverage 70% max. 2. Facades shall be built along the principal frontage to the minimum specified width in the table. SETBACKS--PRINCIPAL BUILDING g.1 Front 6 ft. min. 17 Setback ft. max. Primary g.2 Front 6 ft. min. 17 Setback ft. max. Secondary g.3 Side 0 ft. min. Setback g.4 Rear 3 ft. min.* Setback
Frontage 60% min. at Buildout setback
SETBACKS--OUTBUILDING h.1 Front 19 ft. min. + Setback bldg. setback h.2 Side 0 ft. or 3 ft. at Setback corner h.3 Rear 3 ft. min.* Setback PROOFS BUILDING DISPOSITION SETBACKS--OUTBUILDING [GRAPHIC]
Edgeyard permitted 1. The elevations of the outbuilding shall be distanced from the lot lines as shown. Sideyard permitted
Rearyard permitted Courtyard not permitted
PRIVATE FRONTAGES
Common Yard not permitted
Fence permitted
Terrace permitted
Forecourt permitted
Stoop permitted
Shopfront permitted
Gallery permitted
Arcade not permitted PARKING PLACEMENT [GRAPHIC]
Parking Lot not permitted 1. Uncovered parking spaces may be provided within the third layer as shown in the diagram (see Table 23d). BUILDING 2. Covered parking shall be provided within the third layer as CONFIGURATION shown in the diagram (see Table 23d). Rear-entry garages may be allowed in the first or second layer. Principal 3 stories max. Building 3. Trash containers shall be stored within the third layer.
Outbuilding 2 stories max.
BUILDING FUNCTION
Residential limited use
Lodging limited use
Office limited use
Retail limited use
Industrial prohibited use PROOFS
PARKING PROVISIONS
See Tables 16 through 18
*or 14 ft. from centerline of rear lane
TABLE 21. FORM-BASED CODE GRAPHICS—T5
BUILDING CONFIGURATION [GRAPHIC] See Table 2 [GRAPHIC] 1. Building height shall be measured in number of stories, excluding attics and raised basements. 2. Stories may not exceed 12 feet in height from finished floor to finished ceiling, except for a first floor commercial function which must be a minimum of 10 feet with a maximum of 25 feet. 3. Height shall be measured to the eave or roof deck as specified on Table 12. 4. Expression lines shall be as shown on Table 12.
LOT OCCUPATION SETBACKS--PRINCIPAL BLDG [GRAPHIC]
Lot Width 16 ft.--170 ft. 1. The facades and elevations of principal buildings shall be distanced from the lot lines as Lot Coverage 80% max. shown. 2. Facades shall be built along the principal SETBACKS--PRINCIPAL BUILDING frontage to the minimum specified width in the table. g.1 Front Setback 2 ft. min. 12 ft. Primary max. g.2 Front Setback 2 ft. min. 12 ft. Secondary max. g.3 Side Setback 0 ft. min. 22 ft. max. g.4 Rear Setback 3 ft. min.*
Frontage Buildout 80% min. at setback SETBACKS - OUTBUILDINGPROOFS h.1 Front Setback 40 ft. max from rear prop. h.2 Side Setback 0 ft. or 2 ft. at corner h.3 Rear Setback 3 ft. max.* BUILDING DISPOSITION SETBACKS--OUTBUILDING [GRAPHIC]
Edgeyard not permitted 1. The elevations of the outbuilding shall be distanced from the lot lines as shown. Sideyard permitted
Rearyard permitted
Courtyard permitted
PRIVATE FRONTAGES
Common Yard not permitted
Fence not permitted
Terrace permitted
Forecourt permitted
Stoop permitted
Shopfront permitted
Gallery permitted
Arcade permitted PARKING PLACEMENT [GRAPHIC]
Parking Lot not permitted 1. Uncovered parking spaces may be provided within the third layer as shown in the diagram (see BUILDING CONFIGURATION Table 23d). 2. Covered parking shall be provided within the Principal Building 5 stories max., 2 third layer as shown in the diagram (see Table min.** 23d). Rear-entry garages may be allowed in the first or second layer. Outbuilding 2 stories max. 3. Trash containers shall be stored within the third BUILDING FUNCTION layer.
Residential open use Lodging PROOFSopen use Office open use
Retail open use
Industrial open use PARKING PROVISIONS
See Tables 15 through Table 16
*or 14 ft. from centerline of rear lane
**1 Story permitted only when a building facade meeting the minimum height requirements is provided. Approval subject to TRC.
(Code 2003, § 31-41; Ord. No. 13-04, § 1(exh. A), 2-21-2013; Ord. No. 13-12, § 1, 6-20-2013; Ord. No. O17-0075, §§ 2--4, 5-18-2017) Secs. 30-154--30-174. Reserved.
ARTICLE VII. DEFINITIONS OF TERMS Sec. 30-175. Definitions. This article provides definitions for terms in this Code chapter that are technical in nature or that otherwise may not reflect a common usage of the term. If a term is not defined in this article, then the CRC shall determine the correct definition. A-grid means cumulatively, those thoroughfares that by virtue of their pre-existing pedestrian-supportive qualities, or their future importance to pedestrian connectivity, are held to the highest standards prescribed by this Code chapter. See B-grid. (Syn: Primary grid.) Access lane means an outer vehicular lane or lanes of a thoroughfare, designed for slow speeds and separated from inner lanes that carry higher speed traffic. Accessory building means an outbuilding with an accessory unit. Accessory unit means an apartment not greater than 640 square feet sharing ownership and utility connections with a principal building; it may or may not be within an outbuilding. Adjusted pedestrian shed means a pedestrian shed that has been adjusted according to section 30-87, creating the regulatory boundary of a community unit. Allee means a regularly spaced and aligned row of trees usually planted along a thoroughfare or path. Apartment means a residential unit sharing a building and a lot with other units and/or uses; may be for rent, or for sale as a condominium. Attic means the interior part of a building contained within a pitched roof structure. Avenue (AV) means a thoroughfare of high vehicular capacity and low to moderate speed, acting as a short distance connector between urban centers, and usually equipped with a landscaped median. B-grid means cumulatively, those thoroughfares that by virtue of their use, location, or absence of pre-existing pedestrian-supportive qualities, may meet a standard lower than that of the A-grid. See A-grid. (Syn: Secondary grid.) PROOFS Base density means the number of dwelling units per acre before adjustment for other functions. See Density. Bed and breakfast means an owner-occupied lodging type offering one to five bedrooms, permitted to serve breakfast in the mornings to guests. Bicycle lane (BL) means a dedicated lane for cycling within a moderate-speed vehicular thoroughfare, demarcated by striping. Bicycle route (BR) means a thoroughfare suitable for the shared use of bicycles and automobiles moving at low speeds. Bicycle trail (BT) means a bicycle way running independently of a vehicular thoroughfare. Block means the aggregate of private lots, passages, rear alleys and rear lanes, circumscribed by thoroughfares. Block face means the aggregate of all the building facades on one side of a block. Boulevard (BV) means a thoroughfare designed for high vehicular capacity and moderate speed, traversing an urbanized area. Boulevards are usually equipped with slip roads buffering sidewalks and buildings. Brownfield means an area previously used primarily as an industrial site. Buffer means an area of natural or established vegetation directly adjacent to surface waters through which stormwater runoff flows in a diffuse manner to protect surface waters from degradation due to development activities. The width of a buffer is measured horizontally from the normal pool elevation of impounded structures, from the top of bank for each side of streams or rivers, and from the mean high waterline of tidal waters, perpendicular to the shoreline. The definitions set out in 15A NCAC 02H .1002 (Definitions) and G.S. 143-212 and 143-213 shall be used when not in conflict with the definitions set out specifically in this chapter. By right means characterizing a proposal or component of a proposal for a community plan or building scale plan (article III, IV, or V of this chapter) that complies with the FlexCode and is permitted and processed administratively, without public hearing. See Variance. Civic means the term defining not-for-profit organizations dedicated to arts, culture, education, recreation, government, transit, and municipal parking. Civic building means a building operated by not-for-profit organizations dedicated to arts, culture, education, recreation, government, transit, and municipal parking, or for use approved by the legislative body. Civic parking reserve means a parking structure or parking lot within a quarter-mile of the site that it serves. Civic space means an outdoor area permanently dedicated for public use. Civic space types are defined by the combination of certain physical constants including the relationships among their intended use, their size, their landscaping and their enfronting buildings. See Table 10. Civic zone means designation for public sites dedicated for civic buildings and civic space. CLD or Clustered Land Development means a community unit type structured by a standard pedestrian shed oriented toward a common destination such as a general store, meeting hall, schoolhouse, or church. CLD takes the form of a small settlement standing free in the countryside. See Framework plan and Table 2. (Syn: Hamlet, Conservation land development, cluster.) Commercial means the term collectively defining workplace, office, retail, and lodging functions. Common destination means an area of focused community activity, usually defining the approximate center of a pedestrian shed. It may include, without limitation, one or more of the following: a civic space, a civic building, a commercial center, or a transit station, and may act as the social center of a neighborhood. Common yard means a planted private frontage wherein the facade is set back from the frontage line. It is visually continuous with adjacent yards. See Table 13. Community plan area means an area marked on the town's official zoning map activating the use of this Code chapter. Community unit means a regulatory category defining the physical form, density, and extent of a settlement. The three community unit types addressed in this Code chapter are CLD, TND, and RCD. Variants of TND and RCD for Infill (article VPROOFS of this chapter) are called Infill TND and Infill RCD. Configuration means the form of a building, based on its massing, private frontage, and height. Corridor means a lineal geographic system incorporating transportation and/or greenway trajectories. A transportation corridor may be a lineal transect zone. Cottage means an edgeyard building type. A single-family dwelling, on a regular lot, often shared with an accessory building in the back yard. Courtyard building means a building that occupies the boundaries of its lot while internally defining one or more private patios. See Table 13. Curb means the edge of the vehicular pavement that may be raised or flush to a swale. It usually incorporates the drainage system. See Tables 5 and 6. Density means the number of dwelling units within a standard measure of land area. Design speed means the velocity at which a thoroughfare tends to be driven without the constraints of signage or enforcement. There are four ranges of speed: very low (below 20 mph); low (20--25 mph); moderate (25--35 mph); and high (above 35 mph). Lane width is determined by desired design speed. See Table 3. Developable areas means lands other than those in the S-1 Preserved Open Sector. Disposition means the placement of a building on its lot. See Tables 12 and 23. Dooryard means a private frontage type with a shallow setback and front garden or patio, usually with a low wall at the frontage line. See Table 15. (Variant: Lightwell, light court.) Drive means a thoroughfare along the boundary between an urbanized and a natural condition, usually along a waterfront, park, or promontory. One side has the urban character of a thoroughfare, with sidewalk and building, while the other has the qualities of a road or parkway, with naturalistic planting and rural details. Driveway means a vehicular lane within a lot, often leading to a garage. Edgeyard building means a building that occupies the center of its lot with setbacks on all sides. Effective parking means the amount of parking required for mixed use after adjustment by the shared parking factor. Effective turning radius means the measurement of the inside turning radius taking parked cars into account. See Table 23. Elevation means an exterior wall of a building not along a frontage line. See Table 23. See Facade. Encroach means to break the plane of a vertical or horizontal regulatory limit with a structural element, so that it extends into a setback, into the public frontage, or above a height limit. Encroachment means any structural element that breaks the plane of a vertical or horizontal regulatory limit, extending into a setback, into the public frontage, or above a height limit. Enfront means to place an element along a frontage, as in "porches enfront the street." Estate house means an edgeyard building type. A single-family dwelling on a very large lot of rural character, often shared by one or more accessory buildings. (Syn: Country house, villa.) Expression line means a line prescribed at a certain level of a building for the major part of the width of a facade, expressed by a variation in material or by a limited projection such as a molding or balcony. See Table 12. (Syn: Transition line.) Extension line means a line prescribed at a certain level of a building for the major part of the width of a facade, regulating the maximum height for an encroachment by an arcade frontage. See Table 12. Facade means the exterior wall of a building that is set along a frontage line. See Elevation. Forecourt means a private frontage wherein a portion of the facade is close to the frontage line and the central portion is set back. See Table 13. Frontage means thePROOFS area between a building facade and the vehicular lanes, inclusive of its built and planted components. Frontage is divided into private frontage and public frontage. See Table 13. Frontage buildout means the percentage of the lot width that is occupied by the building facade at the setback. Frontage line means a lot line bordering a public frontage. Facades facing frontage lines define the public realm and are therefore more regulated than the elevations facing other lot lines. See Table 23. Function means the use or uses accommodated by a building and its lot, categorized as restricted, limited, or open, according to the intensity of the use. See Tables 14, 15, and 17. Gallery means a private frontage conventional for retail use wherein the facade is aligned close to the frontage line with an attached cantilevered shed or lightweight colonnade overlapping the sidewalk. See Table 13. Green means a civic space type for unstructured recreation, spatially defined by landscaping rather than building frontages. See Table 10. Greenfield means an area that consists of open or wooded land or farmland that has not been previously developed. Greenway means an open space corridor in largely natural conditions which may include trails for bicycles and pedestrians. Greyfield means an area previously used primarily as a parking lot. Shopping centers and shopping malls are typical greyfield sites. (Variant: Greyfield.) Growth sector means one of four sectors where development is permitted by right in the FlexCode, three for new communities and one for infill. See article II of this chapter. Hamlet. See CLD. (Syn: Cluster, settlement.) Highway means a rural and suburban thoroughfare of high vehicular speed and capacity. This type is allocated to the more rural transect zones (T-1, T-2, and T-3). Home occupation means nonretail commercial enterprises. The work quarters should be invisible from the frontage, located either within the house or in an outbuilding. Permitted activities are defined by the restricted office category. House means an edgeyard building type, usually a single-family dwelling on a large lot, often shared with an accessory building in the back yard. (Syn: Single.) Infill means: (1) Noun—New development on land that had been previously developed, including most greyfield and brownfield sites and cleared land within urbanized areas. (2) Verb—To develop such areas. Infill RCD means a community unit type within an urbanized, greyfield, or brownfield area based on a long or linear pedestrian shed and consisting of T-4, T-4O, and/or T-5 Zones. An infill RCD is permitted by right in the G-4 Infill Growth Sector and is regulated by article V of this chapter. See section 30-116(2). (Var: Downtown.) Infill TND means a community unit type within an urbanized, greyfield, or brownfield area based on a standard pedestrian shed and consisting of T-3, T-4, T-4O and/or T-5 Zones. An infill TND is permitted by right in the G-4 Infill Growth Sector and is regulated by article V of this chapter. (Var: Neighborhood.) Inn means a lodging type, owner-occupied, offering six to 12 bedrooms, permitted to serve breakfast in the mornings to guests. Layer means a range of depth of a lot within which certain elements are permitted. See Table 23. Lightwell means a private frontage type that is a below-grade entrance or recess designed to allow light into basements. See Table 13. (Syn: Light court.) Linear pedestrian shed means a pedestrian shed that is elongated along an important mixed use corridor such as a main street. A linear pedestrian shed extends approximately one-fourth mile from each side of the corridor for the length of its mixed use portion. The resulting area is shaped like a lozenge. It may be used to structure a TND, RCD, infill TND, or infillPROOFS RCD. (Syn: Elongated pedestrian shed.) Liner building means a building specifically designed to mask a parking lot or a parking structure from a frontage. Live-work means a mixed use unit consisting of a commercial and residential function. The commercial function may be anywhere in the unit. It is intended to be occupied by a business operator who lives in the same structure that contains the commercial activity or industry. See Work-live. (Syn: Flexhouse.) Lodging means premises available for daily and weekly renting of bedrooms. Long pedestrian shed means a pedestrian shed that is an average one-half-mile radius or 2,640 feet, used when a transit stop (bus or rail) is present or proposed as the common destination. A long pedestrian shed represents approximately a ten-minute walk at a leisurely pace. It is applied to structure an RCD community unit type. See Pedestrian shed. Lot means a parcel of land accommodating a building or buildings of unified design. The size of a lot is controlled by its width in order to determine the grain (i.e., fine grain or coarse grain) of the urban fabric. Lot coverage means the percentage of a lot that is covered by buildings and other roofed structures. Lot line means the boundary that legally and geometrically demarcates a lot. Lot occupation means category for the width and coverage metrics of a lot. Lot width means the length of the principal frontage line of a lot. Main civic space means the primary outdoor gathering place for a community. The main civic space is often, but not always, associated with an important civic building. Manufacturing means premises available for the creation, assemblage and/or repair of artifacts, using table- mounted electrical machinery or artisanal equipment, and including their retail sale. Meeting hall means a building available for gatherings, including conferences, that accommodates at least one room equivalent to a minimum of ten square feet per projected dwelling unit within the pedestrian shed in which it is located. Mixed use means multiple functions within the same building through superimposition or adjacency, or in multiple buildings by adjacency. Natural cover condition means a condition that existed prior to significant alterations by humans. Net site area means all developable land within a site, including thoroughfares but excluding land allocated as civic zones. Network pedestrian shed means a pedestrian shed adjusted for average walk times along thoroughfares. This type may be used to structure infill community plans. See Table 23. Office means premises available for the transaction of general business but excluding retail, artisanal and manufacturing uses. See Tables 16 and 17. Open space means land intended to remain undeveloped; it may be for civic space. Outbuilding means an accessory building, usually located toward the rear of the same lot as a principal building, and sometimes connected to the principal building by a backbuilding. See Table 23. Park means a civic space type that is a natural preserve available for unstructured recreation. See Table 10. Parking structure means a building containing one or more stories of parking above grade. Passage (PS) means a pedestrian connector, open or roofed, that passes between buildings to provide shortcuts through long blocks and connect rear parking areas to frontages. Path (PT) means a pedestrian way traversing a park or rural area, with landscape matching the contiguous open space, ideally connecting directly with the urban sidewalk network. Pedestrian shed means an area that is centered on a common destination. Its size is related to average walking distances for the applicable community unit type. Pedestrian sheds are applied to structure communities. See Standard pedestrian shed,PROOFS long pedestrian shed, linear pedestrian shed or network pedestrian shed. (Syn: Walkshed, walkable catchment.) Planter means the element of the public frontage which accommodates street trees, whether continuous or individual. Playground means an open space designed and equipped for the recreation of children. Plaza means a civic space type designed for civic purposes and commercial activities in the more urban transect zones, generally paved and spatially defined by building frontages. Principal building means the main building on a lot, usually located toward the frontage. Principal entrance means the main point of access for pedestrians into a building. Principal frontage means, on corner lots, the private frontage designated to bear the address and principal entrance to the building, and the measure of minimum lot width. Prescriptions for the parking layers pertain only to the principal frontage. Prescriptions for the first layer pertain to both frontages of a corner lot. See Frontage. Private frontage means the privately held layer between the frontage line and the principal building facade. See Tables 14 and 23. Public frontage means the area between the curb of the vehicular lanes and the frontage line. See Tables 5 and 6. RCD. See Regional center development. Rear alley (RA) means a vehicular way located to the rear of lots providing access to service areas, parking, and outbuildings and containing utility easements. Rear alleys should be paved from building face to building face, with drainage by inverted crown at the center or with roll curbs at the edges. Rear lane (RL) means a vehicular way located to the rear of lots providing access to service areas, parking, and outbuildings and containing utility easements. Rear lanes may be paved lightly to driveway standards. The streetscape consists of gravel or landscaped edges, has no raised curb, and is drained by percolation. Rearyard building means a building that occupies the full frontage line, leaving the rear of the lot as the sole yard. (Var: Rowhouse, townhouse, apartment house). Recess line means a line prescribed for the full width of a facade, above which there is a stepback of a minimum distance, such that the height to this line (not the overall building height) effectively defines the enclosure of the enfronting public space. Var: Extension line. Regional center means regional center development or RCD. Regional center development (RCD) means a community unit type structured by a long pedestrian shed or linear pedestrian shed, which may be adjoined without buffers by one or several standard pedestrian sheds, each with the individual transect zone requirements of a TND. RCD takes the form of a high-density mixed use center connected to other centers by transit. See Infill RCD Framework plan and Table 2a. (Var: Town center, downtown. Syn: Regional center.) Regulating plan means a zoning map or set of maps that shows the transect zones, civic zones, special districts if any, and special requirements if any, of areas subject to, or potentially subject to, regulation by the FlexCode. Residential means Characterizing premises available for long-term human dwelling. Retail means characterizing premises available for the sale of merchandise and food service. Retail frontage means frontage designated on a regulating plan that requires or recommends the provision of a shopfront, encouraging the ground level to be available for retail use. See special requirements. Road (RD) means a local, rural and suburban thoroughfare of low-to-moderate vehicular speed and capacity. This type is allocated to the more rural transect zones (T1 through T3). Rowhouse means a single-family dwelling that shares a party wall with another of the same type and occupies the full frontage line. See Rearyard building. (Syn: Townhouse.) Rural boundary line means the extent of potential urban growth as determined by existing geographical determinants. The rural PROOFSboundary line is permanent. Secondary frontage means, on corner lots, the private frontage that is not the principal frontage. As it affects the public realm, its first layer is regulated. See Table 23. Sector means a neutral term for a geographic area. In the FlexCode and framework plan there are six specific sectors for regional planning that establish the legal boundaries for open space and development. Setback means the area of a lot measured from the lot line to a building facade or elevation that is maintained clear of permanent structures, with the exception of encroachments. (Var: Build-to line.) Shared parking factor means an accounting for parking spaces that are available to more than one function. Shopfront means a private frontage conventional for retail use, with substantial glazing and an awning, wherein the facade is aligned close to the frontage line with the building entrance at sidewalk grade. Shopping mall means a group of commercial establishments planned, developed and managed as a unit with a singular structure or series of structures and with coordinated parking and service areas. Outparcels shall be included. Sidewalk means the paved section of the public frontage dedicated exclusively to pedestrian activity. Sideyard building means a building that occupies one side of the lot with a setback on the other side. This type can be a single or twin depending on whether it abuts the neighboring house. Special district (SD) means an area that, by its intrinsic function, disposition, or configuration, cannot or should not conform to one or more of the normative community unit types or transect zones specified by the FlexCode. Special districts may be mapped and regulated at the regional scale or the community scale. Special District 1 (SD1). The SD1 district is established to provide areas for warehousing, storage and limited industrial uses. Limited industries, for purposes of this chapter, are generally characterized as light industries, with small physical plants, low land requirements and high worker-to-land ratios. This shall not include heavy manufacturing activities which typically produce excessive noise, odor, smoke, dust, airborne debris and other objectionable elements. This district may also accommodate a mixture of light manufacturing wholesale, commercial service and repair, and distributive business type uses. Square means a civic space type designed for unstructured recreation and civic purposes, spatially defined by building frontages and consisting of paths, lawns and trees, formally disposed. See Table 10. Standard pedestrian shed means a pedestrian shed that is an average one-fourth mile radius or about the distance of a five-minute walk at a leisurely pace. See Pedestrian shed. Stepback means a building setback of a specified distance that occurs at a prescribed number of stories above the ground. Stoop means a private frontage wherein the facade is aligned close to the frontage line with the first story elevated from the sidewalk for privacy, with an exterior stair and landing at the entrance. Story means a habitable level within a building, excluding an attic or raised basement. Street (ST) means a local urban thoroughfare of low speed and capacity. Streetscreen means a freestanding wall built along the frontage line, or coplanar with the facade. It may mask a parking lot from the thoroughfare, provide privacy to a side yard, and/or strengthen the spatial definition of the public realm. (Syn: Streetwall.) Strip mall means retail development designed for or intended to be operated as a total entity with customer and employee parking provided on-site. The center's size and orientation are generally determined by the market characteristics of the trade area served by the center. The center is generally oriented for automobile traffic. Substantial modification means alteration to a building that is valued at more than 50 percent of the appraised value of the entire building, as determined by the most recent assessed depreciated value established by Brunswick county tax records. Swale means a low or slightly depressed natural area for drainage. T-zone means transect zone. Technical review committeePROOFS (TRC). Usually part of the planning office, a TRC is comprised of a representative from each of the various regulatory agencies and town departments that have jurisdiction over the permitting of a project. Terminated vista means a location at the axial conclusion of a thoroughfare. A building located at a terminated vista designated on a regulating plan is required or recommended to be designed in response to the axis. Thoroughfare means a way for use by vehicular and pedestrian traffic and to provide access to lots and open spaces, consisting of vehicular lanes and the public frontage. TND means traditional neighborhood development, a community unit type structured by a standard pedestrian shed oriented toward a common destination consisting of a mixed use center or corridor, and in the form of a medium-sized settlement near a transportation route. See Framework plan and Table 2. (Syn: Village. Variant: Infill TND, neighborhood.) Townhouse. See Rearyard building. (Syn: Rowhouse.) Transect means a cross-section of the environment showing a range of different habitats. The rural-urban transect of the human environment used in the FlexCode template is divided into six transect zones. These zones describe the physical form and character of a place, according to the density and intensity of its land use and urbanism. Transect zone (T-zone) means one of several areas on a zoning map regulated by the FlexCode. Transect zones are administratively similar to the land use zones in conventional codes, except that in addition to the usual building use, density, height, and setback requirements, other elements of the intended habitat are integrated, including those of the private lot and building and public frontage. TRC means the technical review committee. Turning radius means the curved edge of a thoroughfare at an intersection, measured at the inside edge of the vehicular tracking. The smaller the turning radius, the smaller the pedestrian crossing distance and the more slowly the vehicle is forced to make the turn. Urbanism is a collective term for the condition of a compact, mixed use settlement, including the physical form of its development and its environmental, functional, economic, and sociocultural aspects. Urbanized means generally, developed. Specific to the FlexCode, developed at T-3 (sub-urban) density or higher. (Code 2003, § 31-42; Ord. No. 13-04, § 1(exh. A), 2-21-2013; Ord. No. 14-20, § 1, 1-15-2015) Sec. 30-176. Table 23. TABLE 23. DEFINITIONS ILLUSTRATED [GRAPHIC] (Code 2003, § 31-43; Ord. No. 13-04, § 1(exh. A), 2-21-2013) Sec. 30-177. Appendices.
APPENDIX A. EXCEPTIONAL DESIGN STANDARDS Project is located within one-fourth miles of an existing or planned transit service. Consultation with the NC Natural Heritage Program map and provide certification that no species present or likely to be present are listed under the federal Endangered Species Act, NC endangered species list or listed in the NC Natural Heritage Program as either nationally, state, or regionally significant. If endangered or significant species are found, comply with the approved habitat conservation plan (HCP) under the Endangered Species Act for each species or receive an approved mitigation plan from the NC state Natural Heritage Program. Include at least three elements of low impact development (as recognized by the state) on the site. Include a residential component equaling at least 30 percent of the project's total building square footage. Design, construct, or retrofit one whole residential or residential building to be certified through LEED, NAHB Green Building Standards,PROOFS North Carolina Healthy Built Homes or Green Globes. Include a minimum of 15 percent of the dwelling units as rental or for-sale dwelling units priced for households earning below area median income (AMI). Rental units must be maintained at affordable levels for a minimum of 15 years. (Code 2003, § 31-44; Ord. No. 13-04, § 1(exh. A), 2-21-2013)
Chapters 31--33 RESERVED
PROOFS
Chapter 34 ENVIRONMENT NOISE AND NUISANCES* *Editor's note— Ord. No. 09-28, § 1(exh. A), adopted Dec. 17, 2009, repealed ch. 14 in its entirety and enacted a new ch. 14 as set out herein. The former ch. 14 pertained to similar subject matter and derived from Ord. of 5-2-1991, §§ 11-1, 11-32, 11- 56—11-69; Ord. of 1-9-1992; Ord. No. 93-2, § 11-31, adopted Feb. 20, 1993; Ord. No. 94-1, adopted Feb. 24, 1994; Ord. No. 95-03, §§ 11-16—11-22, adopted July 20, 1995; Ord. No. 97-9, § 1, adopted June 19, 1997; Ord. No. 08-15, §§ 1, 2, adopted July 17, 2008 *State law reference—Abatement of public health nuisances, G.S. 160A-193.
ARTICLE I. IN GENERAL Sec. 34-1. Administration. The town manager or his designee shall be responsible for the administration and enforcement of this chapter. The town may, on an annual basis, contract with private tow truck operations or towing businesses to remove, store or dispose of abandoned vehicles, nuisance vehicles and junked motor vehicles in compliance with this chapter and applicable state laws. Nothing in this chapter shall be construed to limit the legal authority or powers of officers of the police department in enforcing other laws or in otherwise carrying out their duties. (Code 2003, § 14-1; Ord. No. 09-28, § 1(exh. A), 12-17-2009) Secs. 34-2--34-20. Reserved.
ARTICLE II. NOISE Sec. 34-21. Prohibitions.46 (a) The creation and continuation of any loud and disturbing noises that disturb the quiet, comfort or repose of a reasonable person in the town is prohibited. It shall be unlawful for any person to cause, make or contribute to creating any loud or disturbing noise of such character, intensity or duration as to be detrimental to the life or health of any individual, or such noises as to disturb the quiet and peace of any citizen of the town a reasonable person. (b) The following acts, among others, are declared to be loud, disturbing, annoying and unnecessary noises in violation of this section; but such enumeration shall not be deemed to be exclusive: (1) Blowing horns. The sounding or blowing of any horn or signal device on any automobile, motorcycle, motorbus or other vehicle, except as a danger signal, for any unnecessary or unreasonable period of time. (2) Electronic media. The playing of any electronic media in such manner or with such volume as to annoy or disturb any reasonable person, or disturb the quiet, comfort or repose of any reasonable person in any permanent or temporary dwelling. (3) Pets. The keeping of any animal which by causing frequent or long-continued noise shall disturb the comfort or repose of any reasonable person in the vicinity. (4) Use of vehicle.PROOFS The use of any automobile, motorcycle or other vehicle so out of repair, so loaded, or used or repaired in such manner as to create loud or unnecessary noises, particularly grating, grinding,
46 Legal Analysis: Code 2003, § 14-31. Prohibitions. Avoided constitutional problems by inserting a reasonable person standard. In addition, in Jim Crockett Productions v. City of Charlotte, 706 F.2d 486 (4th Cir. 1983), the court deemed the term “unnecessary” in a noise ordinance to be unconstitutionally vague. Deleted content based distinctions and deleted the permit requirement for amplified sound – there was no criteria or process for the permit. OK per 6/5/17 conference. rattling, riveting or other disturbing noises, including the unnecessary screeching of tires, or in such a manner as to cause the tire to propel rock, sand or gravel. (5) Blowing whistles. The blowing of any steam whistle attached to any stationary boiler, except to give notice of the time to begin or stop work or as a warning of danger. (6) Exhaust discharge. To discharge into the open air the exhaust from any steam engine, stationary internal combustion engine, motorboat engine or motor vehicle, except through a muffler or other device which will effectively prevent loud or explosive noises. (7) Devices using compressed air. The use of any mechanical device operated by compressed air unless the noise created by such use is effectively muffled and reduced. (8) Building operations. The erection, including excavation, demolition, alteration or repair, of any building in a residential or business district other than between the hours of dawn to dusk, except in cases of urgent necessity in the interest of public safety and then only with a permit from the town. (9) Noises near schools, hospitals, churches, etc. The creation of any excessive noises on any street adjacent to any school, institution of learning, library, sanatorium, hospital or court, while in session, or adjacent to any church during church services, which unreasonably interferes with the work or worship in any such place or institution; provided that signs must be displayed in such streets indicating that the location is a school, hospital, church, library, sanatorium or court. (10) Loading and unloading operations. The creation of loud and excessive noises in connection with loading or unloading any vehicle, or repairing any vehicle, or opening and destroying bales, boxes, crates and containers. (11) Bells or gongs. The sounding of any bell or gong attached to any building or premises which disturbs the quiet or repose of any reasonable person in the vicinity. (12) Hawking, peddling or soliciting. Shouting, loud talking, crying or soliciting by peddlers, hawkers, taxi drivers, solicitors and vendors, which disturbs the quiet and peace of the neighborhood or any person in the neighborhood reasonable persons. (13) Loudspeakers or amplifiers on vehicles. The use of any mechanical loudspeaker or amplifiers on trucks, airplanes or other vehicles for advertising or other purposes except after first obtaining a permit from the town. In the operation of such equipment, not using more than 20 watts of power shall be used. (14) Business noises at night near residences. The operation of any garage, filling station, auto repair business, taxi business, plant, store, factory or other place of business, between the hours of 8:00 p.m. and 7:00 a.m., in such manner as to create loud and disturbing noises of such frequency or volume as to annoy or disturb any citizen, and particularly the creation of disturbing noises of such frequency and volume as to annoy or disturb the quiet, comfort, peace or repose of any reasonable person in any temporary or permanent dwelling. (Code 2003, § 14-31; Ord. No. 09-28, § 1(exh. A), 12-17-2009) Sec. 34-22. Owner and occupant responsibility.47 (a) The owner of any premises subject to this article shall be responsible and liable for any actions by the tenants or occupants of the premises that constitute second or subsequent violations of this article; provided that no owner shall be liable unless notified of first or previous violations of the article; and further provided that the first or previous violations shallPROOFS have occurred during the same tenancy within the previous 24-month period. Notice of first or previous violations shall be affected by mailing a copy of the citation to the owner by registered or certified mail, return receipt requested. No owner may be subjected to criminal liability by the application of this section but shall be subject to civil penalties and equitable relief as provided in this article. This section shall in no way relieve any tenant or occupant from responsibility for violations of this article. If any owner or lessee residing within the
47 Legal Analysis: Code 2003, § 14-32. Owner and occupant responsibility. Delete the penalty provisions to use code § 1-14? Keep per 6/5/17 conference. town shall fail to do the acts and things with respect to noise as required in section 34-21 14-31 after receiving ten days' notice to do so in writing, the town manager or his designee shall issue a civil citation in the amount of $50.00 for each and every day such violation continues; and such payment shall be paid within 72 hours at the finance department of the town at the town hall. For failure to make such payment, the town may proceed against such owner or lessee in a civil action in the nature of debt as provided in G.S. 160A-175. Each and every day such condition continues to exist shall be a separate offense. (b) The owner or occupant of any premises shall be responsible and liable for any actions of guests or invitees on the premises who violate this article, provided the occupant shall have been actually or constructively present at the time of the violation. (Code 2003, § 14-32; Ord. No. 09-28, § 1(exh. A), 12-17-2009) Sec. 34-23. Penalty.48 (a) A violation of this article shall subject the offender to a civil penalty in the amount of $50.00, to be recovered by the town in a civil action in the nature of a debt if the offender does not pay the penalty within 72 hours after having been cited for violation of this article. (b) Each day's continuing violation shall be a separate and distinct offense. (c) In accordance with G.S. 160A-175(b), a violation of this article shall not be subject to the penalty provision of G.S. 14-4 and shall not be considered a breach of the penal laws of the state. (Code 2003, § 14-33; Ord. No. 09-28, § 1(exh. A), 12-17-2009) Secs. 34-24--34-49. Reserved.
ARTICLE III. NUISANCES* *State law reference—Regulation of placing trash, refuse and garbage, G.S. 160A-303.1; abatement of public health nuisances, G.S. 160A-193. Sec. 34-50. Nuisances declared; enumeration. The existence of any of the following conditions on any lot or other parcel of land within the corporate limits of the town is declared to be dangerous and prejudicial to the public health or safety and to constitute a public nuisance: (1) The uncontrolled growth of noxious weeds or grass to a height in excess of 12 inches causing or threatening to cause a hazard detrimental to the public health or safety, including fallen trees and tree damage caused by storms. (2) Any accumulation of waste, animal or vegetable, such as, but not limited to waste material and refuse from kitchens, residences, grocery stores, butcher shops, restaurants, cafes, hotels, rooming houses and boardinghouses, and all other deleterious substances that are offensive by virtue of odors, vapors or by the inhabitance of rats, mice, snakes or vermin of any kind which are or may be dangerous or prejudicial to the public health. (3) Any accumulation of rubbish, garbage, trash or any material of any kind that has been discarded, rejected, cast aside, stored or thrown away as worthless or junk causing or threatening to cause a fire hazard or causing or threatening to cause the accumulation of stagnant water, or causing or threatening to cause the inhabitance of rats, mice, snakes or vermin of any kind which are or may be dangerous or prejudicial to the public health.PROOFS (4) Any accumulation of trash or rubbish such as tin cans, paper, boxes, glass, wood, shrubs, yard clippings, leaves, tree trimmings and other deleterious substances on the premises of private residences, commercial institutions and in the streets which greatly increases the danger of fire and spread of infections, or
48 Legal Analysis: Code 2003, § 14-33. Penalty. Deleted to use Code § 1-14. Keep per 6/5/17 conference. contagious and epidemic diseases. (5) Any accumulation of construction or demolition debris such as bricks, concrete, lumber, scrap lumber, ashes, direct plaster, or large chunks of metal, such as automobile bodies, frames, stoves, refrigerators, beams or other metal materials. These shall not be stored, kept or placed upon any property unless prior arrangement for collection of such materials have been made and approved by the town. (6) Any accumulation of abandoned or deteriorated structures such as boats, dog houses, storage sheds or the like which greatly increase the danger of fire and spread infections, or contagious and epidemic diseases. (7) Any accumulation of pine straw, wood chips, grass clippings, bushes or yard debris which greatly increases the danger of fire or creates the inhabitance of rats, mice, snakes or vermin of any kind which are or may be dangerous to the public health. (8) Any condition detrimental to the public health which violates the rules and regulations of the county health department. (9) Any building or other structure which has been burned, or otherwise partially destroyed and which is unsightly or hazardous to the safety of any person, is a continuing fire hazard or which is structurally unsound to the extent that the town manager or his designee can reasonably determine that there is a likelihood of personal or property injury to any person or property entering the premises. (10) Any condition which blocks, hinders, or obstructs in any way the natural flow of branches, streams, creeks, surface waters, ditches, or drains, to the extent that the premises is not free from standing water. (11) The outside or outdoor use of any furniture originally designed or intended for interior use such as, but not limited to, couches, sofas, chairs, recliners or other like items. (12) Unsecured and deteriorated windows, doors or other openings in dwellings or structures that: a. Do not have water or other utility services; b. Are used or have been used by persons, not residents, as living quarters in the absence of sanitary facilities; or c. Are used or have been used for criminal activity. (13) The failure of the owner of developed or undeveloped land within the incorporated areas of the town to maintain stormwater conveyance facilities, such as waterways, streams, creeks, ditches, swales, channels, canals, conduits and culverts, and stormwater control facilities, such as ponds, lakes and other structural BMPs as defined in chapter 26, article III, 32 of the Town Code within their property. The use of non-targeted herbicide application in the maintenance of stormwater conveyance facilities is prohibited. (Code 2003, § 14-61; Ord. No. 09-28, § 1(exh. A), 12-17-2009; Ord. No. 12-12, § 1, 10-18-2012; Ord. No. 13-23, § 1, 10-17- 2013) Sec. 34-51. Requirements for solid waste containers for residential use.49 (a) All solid waste placed for storage or pickup outside any residence in the town shall be placed in durable metal or plastic containers with tight-fitting covers. (b) Such containers shall be sufficient in number to accommodate the accumulation of waste between collections. PROOFS (c) Such containers shall be of sturdy construction throughout and shall be made of corrosion-resistant metal or plastic. They shall be watertight and have strong handles. Tight-fitting covers shall be kept on refuse containers at all times except when filling or emptying.
49 Legal Analysis: Code 2003, § 14-66. Requirements for solid waste containers for residential use. Deleted (f) as covered by revised § 1-14. Keep per 6/5/17 conference. (d) Such containers shall be maintained in good condition so that they do not have ragged or sharp edges or any other defect liable to hamper or injure the person collecting the contents. (e) Any container that does not conform to the provisions of this section shall be promptly replaced by a proper container upon receipt of notice to that effect from the town manager or his designated representative. Failure to replace such non-conforming or defective container shall subject the property owner to the penalty set forth in this section. (f) A violation of the provisions of this section shall subject the offender to a civil penalty in the amount of $50.00 to be recovered by the town in a civil action in the nature of a debt if the offender does not pay the penalty within ten business days after he has been cited for violation of this section. Each day's continuing violation shall be a separate and distinct offense. (Code 2003, § 14-66; Ord. No. 09-28, § 1(exh. A), 12-17-2009) Sec. 34-52. Complaint; investigation. The town manager or his designee, upon notice from any person of the existence of any of the conditions described in section 34-50, 14-61 shall cause to be made by the appropriate county health department official, or town official, such investigation as may be necessary to determine whether in fact such conditions exist as to constitute a public nuisance as declared in such section. (Code 2003, § 14-62; Ord. No. 09-28, § 1(exh. A), 12-17-2009) Sec. 34-53. Notice to abate. (a) For purposes of this article, the respondent is the occupant or person in possession of the property where a public nuisance (as described in section 34-50 14-61) is located, as well as the owner of such property, if different from the occupant or person in possession. (b) Upon determination by the town manager or his designee that there exists on any property conditions constituting a public nuisance (as described in section 34-50 14-61) the town manager or his designee shall notify the respondent by certified and first class mail of such conditions and shall order the abatement thereof within 15 days of the date of such notice. If the respondent cannot be served by certified mail or if the respondent's correct address cannot be determined after due diligence, then the required notice shall be posted conspicuously on the offending property and the respondent may be served by publication. Service of the notice by publication shall consist of publishing the notice once a week for two successive weeks in a newspaper that is qualified for legal advertising in accordance with G.S. 1-597 and G.S. 1-598 and circulated in the area where the offending property is located. The posted and published notice shall order the abatement of the nuisance within 15 days of the first date of publication of the notice. (c) The town manager or his designee may notify a property owner who is a chronic violator as described in G.S. 160A-200.1 that if the violator's property is found to be in violation of section 34-50, 14-61 of this Code, the town shall, without further notice in the calendar year in which notice is given, take action to remedy the violation, and the expense of the action shall become a lien upon the property and shall be collected as unpaid taxes. The initial annual notice shall be served in the manner set forth in subsection (b) of this section. (Code 2003, § 14-63; Ord. No. 09-28, § 1(exh. A), 12-17-2009; Ord. No. 13-18, § 1, 7-18-2013) Sec. 34-54. Appeal. (a) At any time before the expiration of the 15-day abatement period specified in section 34-55 14-63(b), the respondent may requestPROOFS a hearing before the town manager to appeal the finding that a public nuisance as defined in section 34-50 14-61 exists on the respondent's property. Upon completion of the hearing, the town manager shall consider the evidence before him and shall either revoke the initial order, issue a final order which differs from the initial order, or reinstate the initial order as a final abatement order. (b) Any request for a hearing pursuant to this section must be in writing and must be filed in the office of the town manager. The town manager shall fix a time for the hearing, and the initial abatement order shall be suspended pending such hearing. The hearing must be held by the town manager within 31 calendar days following receipt of the request for hearing by the office of the town manager. At the hearing the respondent shall be given the opportunity to present evidence to refute the findings which supported the abatement order or the removal of the nuisance condition. (Code 2003, § 14-63.1; Ord. No. 13-18, § 1, 7-18-2013) Sec. 34-55. Abatement by town. (a) Authorized. If any person, having been ordered to abate such a public nuisance, fails, neglects or refuses to abate or remove the condition constituting the nuisance within 15 business days from receipt of the order, the town manager or his designee shall seek town council approval to cause the condition to be removed or otherwise remedied by having employees of the town or other designated persons to go upon the premises and remove or otherwise abate such nuisance under the supervision of an officer or employee designated by the town council. Provided that town council approval shall not be required for any nuisance abatement undertaken at the direction of the town manager or his designee if the estimated cost of removing such condition does not exceed $10,000.00. (b) Costs charged to owner. The actual cost incurred by the town in removing or otherwise remedying a public nuisance shall be charged to the owner of such lot or parcel of land and it shall be the duty of the finance department to mail a statement of such charges to the owner or other person in possession of such premises with instructions that such charges are due and payable within 30 days from receipt. In addition to the actual contract cost, there shall be added an administrative overhead fee; such fee shall be determined by the town council. (c) Unpaid charges become a lien. If charges for the removal or abatement of public nuisance are not paid within 30 days after the receipt of a statement of charges as provided for in subsection (b) of this section, such charges shall become a lien upon the land or premises where the public nuisance existed and shall be collected as unpaid taxes, as provided in G.S. 160A-193. (Code 2003, § 14-64; Ord. No. 09-28, § 1(exh. A), 12-17-2009; Ord. No. 15-01, § 1, 2-19-2015) Sec. 34-56. Additional remedies. The procedure set forth in this article shall be in addition to any other remedies that exist under law for the abatement of public nuisances, and this article shall not prevent the town from issuing a civil citation and proceeding under this Code or proceeding in a criminal action against any person violating the provisions of this article as provided in G.S. 14-4, or both. (Code 2003, § 14-65; Ord. No. 09-28, § 1(exh. A), 12-17-2009) Secs. 34-57--34-85. Reserved.
ARTICLE IV. JUNKED AND ABANDONED VEHICLES* *State law reference—Removal of junked and abandoned motor vehicles, G.S. 160A-303. Sec. 34-86. Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Abandoned vehicle means one that is left on: (1) A public street or highway in violation of a law or ordinance prohibiting parking; (2) A public street or highway for longer than seven days; (3) Property owned or operated by the town for longer than 24 hours; or (4) Private propertyPROOFS without the consent of the owner, occupant or lessee for longer than two hours. Authorizing official means the town manager or his designee who is authorized to remove vehicles under the provisions of this article. Junked motor vehicle means a vehicle that does not display a current license plate lawfully upon that vehicle and: (1) Is partially dismantled or wrecked; (2) Cannot be self-propelled or moved in the manner in which it originally was intended to move; or (3) Is more than five years old and appears to be worth less than $100.00. Motor vehicle, vehicle and manufactured home mean machines designed or intended to travel over land by self-propulsion or while attached to any self-propelled vehicle. Nuisance vehicle means a vehicle on public or private property that is determined and declared to be a health or safety hazard, a public nuisance, and unlawful, including a vehicle found to be: (1) A breeding ground or harbor for mosquitoes, other insects, rats or other pests; (2) A point of heavy growth of weeds or other noxious vegetation over eight inches in height; (3) A point of collection of pools or ponds of water; (4) A point of concentration of quantities of gasoline, oil or other flammable or explosive materials as evidenced by odor; (5) One which has areas of confinement which cannot be operated from the inside, such as trunks, hoods, etc.; (6) So situated or located that there is a danger of it falling or turning over; (7) One which is a point of collection of garbage, food waste, animal waste, or any other rotten or putrid matter of any kind; (8) One which has sharp parts which are jagged or contain sharp edges of metal or glass; or (9) Any other vehicle specifically declared a health and safety hazard and a public nuisance by the town council. (Code 2003, § 14-101; Ord. No. 09-28, § 1(exh. A), 12-17-2009; Ord. No. 12-01, § 1, 3-15-2012) Sec. 34-87. Abandoned vehicle unlawful; removal authorized. (a) It shall be unlawful for the registered owner or person entitled to possession of a vehicle to cause or allow such vehicle to be abandoned. (b) Upon investigation, proper authorizing officials of the town may determine that a vehicle is an abandoned vehicle and order the vehicle removed. (Code 2003, § 14-102; Ord. No. 09-28, § 1(exh. A), 12-17-2009) Sec. 34-88. Nuisance vehicle unlawful; removal authorized. (a) It shall be unlawful for the registered owner or person entitled to possession of a motor vehicle or for the owner, lessee or occupant of the real property upon which the vehicle is located to leave or allow the vehicle to remain on the property after it has been declared a nuisance vehicle. (b) Upon investigation, the town manager or his designee may determine and declare that a vehicle is a health or safety hazard and a nuisance vehicle and order the vehicle removed. (Code 2003, § 14-103; Ord. No. 09-28, § 1(exh. A), 12-17-2009) Sec. 34-89. Junked motor vehicle regulated; removal authorized.50 (a) It shall be unlawful for the registered owner or person entitled to the possession of a junked motor vehicle or for the owner, lessee or occupant of the real property upon which a junked motor vehicle is located to leave or allow the vehicle to remainPROOFS on the property after the vehicle has been ordered removed. (b) It shall be unlawful to have more than one junked motor vehicle on the premises of public or private property. A single, permitted junked motor vehicle must strictly comply with the location and concealment requirements of this section.
50 Legal Analysis: Code 2003, § 14-104. Junked motor vehicle regulated; removal authorized. To subsection (d) – add “indirect protection of public health and safety,” as set forth in G.S. 160A-303.2(a1)(3)? OK per 6/5/17 conference. (c) It shall be unlawful for any owner, person entitled to the possession of a junked motor vehicle, or for the owner, lessee, or occupant of the real property upon which a junked motor vehicle is located to fail to comply with the locational requirements or the concealment requirements of this section. (d) Subject to the provisions of subsection (e) of this section, upon investigation, the town manager or his designee may order the removal of a junked motor vehicle after finding that the aesthetic benefits of removing the vehicle outweigh the burdens imposed on the private property owner. Such finding shall be based on a balancing of the monetary loss of the apparent owner against the corresponding gain to the public by promoting or enhancing community, neighborhood or area appearance. The following, among other relevant factors, may be considered: (1) Protection of property values; (2) Promotion of tourism and other economic development opportunities; (3) Indirect protection of public health and safety; (4) Preservation of the character and integrity of the community; or (5) Promotion of the comfort, happiness and emotional stability of area residents. (e) Permitted concealment or enclosure of a junked motor vehicle is as follows: (1) One junked motor vehicle, in its entirety, can be located in the rear yard if the junked motor vehicle is entirely concealed from public view from a public street and from abutting premises by an acceptable covering. (2) The town manager or his designee has the authority to determine whether any junked motor vehicle is adequately concealed as required by this section. The covering must remain in good repair and must not be allowed to deteriorate. The covering or enclosure must be compatible with the objectives of this article. (3) If there is more than one junked motor vehicle, any other junked motor vehicles must be kept in a garage or building structure that provides a complete enclosure so that the junked motor vehicles cannot be seen from a public street or abutting property. A garage or building structure means either a lawful non- conforming use or a garage or building structure erected pursuant to the lawful issuance of a building permit and which has been constructed in accordance with all zoning and building code regulations. (Code 2003, § 14-104; Ord. No. 09-28, § 1(exh. A), 12-17-2009) Sec. 34-90. Removal of abandoned, nuisance or junked motor vehicles; pretowing notice requirements. (a) Except as set forth in section 34-91, 14-106, an abandoned, nuisance or junked motor vehicle which is to be removed shall be towed only after notice to the registered owner or person entitled to possession of the vehicle. In the case of a nuisance vehicle or a junked motor vehicle, if the names and mailing addresses of the registered owner or person entitled to the possession of the vehicle, or the owner, lessee or occupant of the real property upon which the vehicle is located on is ascertained in the exercise of reasonable diligence, the notice shall be given by telephone, if feasible. Whether or not the owner is reached by telephone, notice shall be mailed to his last known address unless he or his agent waives this notice in writing. The notice shall include the following: (1) The description of the removed vehicle; (2) The location where the vehicle is stored; (3) The violation with which the owner is charged, if any; (4) The procedurePROOFS the owner must follow to redeem the vehicle; and (5) The procedure the owner must follow to request a probable cause hearing on the removal. (b) The person who mails the notice shall retain a written record to show the name and address to which mailed, and the date mailed. If such name and address cannot be ascertained or if the vehicle to be removed is an abandoned motor vehicle, notice shall be given by affixing on the windshield or some other conspicuous place on the vehicle a notice indicating that the vehicle will be removed by the town on a specified date. The notice shall state that the vehicle will be removed by the town on a specified date, no sooner than seven days after the notice is affixed or mailed, unless the vehicle is moved by the owner or legal possessor prior to that time. (c) Whenever an abandoned, nuisance or junked motor vehicle is removed and such vehicle has no valid registration or registration plates, the authorizing town official shall make reasonable efforts, including checking the vehicle identification number, to determine the last known registered owner of the vehicle and to notify him of the information set forth in subsections (a)(1)—(5) of this section. (Code 2003, § 14-105; Ord. No. 09-28, § 1(exh. A), 12-17-2009) Sec. 34-91. Exceptions to prior notice requirement. The requirement that notice be given prior to the removal of an abandoned, nuisance or junked motor vehicle may, as determined by the authorizing official, be omitted in those circumstances where there is a special need for prompt action to eliminate traffic obstructions or to otherwise maintain and protect the public safety and welfare. Such findings shall be entered by the authorizing official in the appropriate daily records. Circumstances justifying the removal of vehicles without prior notice include the following: (1) Vehicles abandoned on the streets. For vehicles left on the public streets and highways, the police department determines that immediate removal of such vehicles may be warranted when they are: a. Obstructing traffic; b. Parked in violation of an ordinance prohibiting or restricting parking; c. Parked in a no stopping or standing zone; d. Parked in loading zones; e. Parked in bus zones; or f. Parked in violation of temporary parking restrictions imposed under this Code. (2) Other abandoned or nuisance vehicles. With respect to abandoned or nuisance vehicles left on town- owned property other than the streets and highways, and on private property, such vehicles may be removed without giving prior notice only in those circumstances where the authorizing official finds a special need for prompt action to protect and maintain the public health, safety and welfare. By way of illustration, such circumstances include vehicles blocking or obstructing ingress or egress to businesses and residences, vehicles parked in such a location or manner as to pose a traffic hazard, and vehicles causing damage to public or private property. (Code 2003, § 14-106; Ord. No. 09-28, § 1(exh. A), 12-17-2009) Sec. 34-92. Right to probable cause hearing before sale or final disposition of vehicle. After the removal of an abandoned vehicle, nuisance vehicle or junked motor vehicle, the owner or any other person entitled to possession is entitled to a hearing for the purpose of determining if probable cause existed for removing the vehicle. A request for hearing must be filed in writing with the county magistrate designated by the chief district court judge to receive such hearing requests. The magistrate will set the hearing within 72 hours of receipt of the request, and the hearing will be conducted in accordance with the provisions of G.S. 20-219.11. (Code 2003, § 14-107; Ord. No. 09-28, § 1(exh. A), 12-17-2009) Sec. 34-93. Redemption of vehicle during proceedings. At any stage in proceedings under this article, including before the probable cause hearing, the owner may obtain possession of the removed vehicle by paying the towing fee, including any storage charges, or by posting a bond for double the amountPROOFS of such fees and charges to the tow truck operator or towing business having custody of the removed vehicle. Upon regaining possession of a vehicle, the owner or person entitled to the possession of the vehicle shall not allow or engage in further violations of this article. (Code 2003, § 14-108; Ord. No. 09-28, § 1(exh. A), 12-17-2009) Sec. 34-94. Sale and disposition of unclaimed vehicle. Any abandoned, nuisance or junked motor vehicle which is not claimed by the owner or other party entitled to possession will be disposed of by the tow truck operator or towing business having custody of the vehicle. Disposition of such a vehicle shall be carried out in coordination with the town and in accordance with G.S. 44A-1 et seq. (Code 2003, § 14-109; Ord. No. 09-28, § 1(exh. A), 12-17-2009) Sec. 34-95. Conditions on removal of vehicles from private property. As a general policy, the town will not remove a vehicle from private property if the owner, occupant or lessee of such property could have the vehicle removed under applicable state law procedures. In no case will a vehicle be removed by the town from private property without a written request of the owner, occupant or lessee except in those cases where a vehicle is a nuisance vehicle or is a junked motor vehicle which has been ordered removed by the town manager or his designee. The town may require any person requesting the removal of an abandoned, nuisance or junked motor vehicle from private property to indemnify the town against any loss, expense or liability incurred because of the removal, storage or sale of the vehicle. (Code 2003, § 14-110; Ord. No. 09-28, § 1(exh. A), 12-17-2009) Sec. 14-111. Protection against criminal or civil liability.51 No person shall be held to answer in any civil or criminal action to any owner or other person legally entitled to the possession of an abandoned, nuisance or junked motor vehicle for disposing of such vehicle as provided in this article. (Code 2003, § 14-111; Ord. No. 09-28, § 1(exh. A), 12-17-2009) Sec. 34-96. Exceptions. Nothing in this article shall apply to any vehicle which is: (1) Located in a bona fide automobile graveyard or junkyard as defined in G.S. 136-143, in accordance with the Junkyard Control Act, G.S. 136-141 et seq.; (2) In an enclosed building; (3) On the premises of a business enterprise being operated in a lawful place and manner if the vehicle is necessary to the operation of the enterprise; or (4) In an appropriate storage place or depository maintained in a lawful place and manner by the town. (Code 2003, § 14-112; Ord. No. 09-28, § 1(exh. A), 12-17-2009) Sec. 34-97. Unlawful removal of impounded vehicle. It shall be unlawful for any person to remove or attempt to remove from any storage facility designated by the town any vehicle which has been impounded pursuant to the provisions of this article unless and until all towing and impoundment fees which are due, or bond in lieu of such fees, have been paid. (Code 2003, § 14-113; Ord. No. 09-28, § 1(exh. A), 12-17-2009) Sec. 34-98. Exception for regular business or personal use.52 No motor vehicle that is used on a regular basis for business or personal use shall be removed or disposed of pursuant to this article. (Code 2003, § 14-114; Ord. No. 09-28, § 1(exh. A), 12-17-2009)
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51 Legal Analysis: Code 2003, § 14-111. Protection against civil or criminal liability. Deleted as beyond the town’s authority to provide. OK per 10/23/17 email from attorney 52 Legal Analysis: Code 2003, § 14-114. Exception for regular business or personal use. Even if a public safety hazard? Keep per 6/5/17 conference.
Chapters 35--37 RESERVED
PROOFS
Chapter 38 OFFENSES AND MISCELLANEOUS PROVISIONS* *Editor's note— Ord. No. 09-29, § 1(Exh. A), adopted Dec. 17, 2009, repealed ch. 18 in its entirety and enacted a new ch. 18 as set out herein. The former ch. 18 pertained to similar subject matter and derived from Ord. No. 93-4, §§ 9-4, 9-5, adopted Feb. 20, 1993; Ord. No. 95-06, §§ 9-6, 9-7, adopted Oct. 19, 1995; Ord. of 9-23-1993(1), §§ 1, 2, 4; Ord. No. 09-04, § 1, adopted Jan. 15, 2009) *State law reference—General ordinance-making power, G.S. 160A-174. Sec. 38-1. Discharging BB guns.53 It shall be unlawful for anyone to shoot a BB gun within 1,000 feet of any residential or commercial building. You must be It is unlawful for a person under 21 years of age, or unless supervised by someone over the age of 21, to shoot a BB gun within the town. (Code 2003, § 18-1-A; Ord. No. 09-29, § 1(exh. A), 12-17-2009; altered in 2018 recodification) Sec. 38-2. Discharging similar weapons. It shall be unlawful for any person to shoot any air rifle, air gun, air pistol, gas pistol or gas gun within the town. Nothing in this section shall be construed to prohibit licensed shooting galleries for BB guns at indoor shooting ranges that have met the safety regulations set forth by the National Rifle Association and that such shooting range or gallery is at all times under the supervision of a qualified instructor. (Code 2003, § 18-1-B; Ord. No. 09-29, § 1(exh. A), 12-17-2009) State law reference—Authority to regulate pellet guns, G.S. 160A-190. Sec. 38-3. Discharging firearms. It shall be unlawful for any person to fire a gun, rifle, pistol or other firearm within the town except in case of self-defense or necessity when used in defense of person or property or pursuant to lawful directions of law enforcement officers. This section shall not apply to an officer lawfully discharging his duty. Nothing in this section shall be construed to prohibit trap shooting or turkey shoots at such places and under such conditions as may be approved by the town manager. (Code 2003, § 18-2; Ord. No. 09-29, § 1(exh. A), 12-17-2009; altered in 2018 recodification) State law reference—Authority to regulate firearms, G.S. 160A-189. Sec. 38-4. Posting of signs required. The police department is authorized and instructed to post conspicuous signage at appropriate locations on or within each park and each building or portion of a building owned, leased as lessee, operated, occupied, managed or controlled by the town, as well as the appurtenant premises to such buildings, indicating that carrying a concealed handgun is prohibited in the building or on the premises. (Code 2003, § 18-3; Ord. No.PROOFS 09-29, § 1(exh. A), 12-17-2009) Sec. 38-5. Location of signs. Signs on buildings as required under this chapter shall be visibly posted on the exterior of each entrance by which the general public can access the building. The police department shall exercise discretion in determining the number and appropriate location of signs to be placed on or within appurtenant premises and parks.
53 Legal Analysis: Code 2003, § 18-1-A. Discharging BB guns. Revised for clarity. OK per 6/5/17 conference. (Code 2003, § 18-4; Ord. No. 09-29, § 1(exh. A), 12-17-2009) State law reference—Posting signs prohibiting concealed weapons, G.S. 14-415.11(c) et seq. Sec. 38-6. Prohibit smoking and the use of other tobacco products in the town buildings and vehicles and on all town grounds.54 (a) Authority. This section is enacted pursuant to G.S. 130A-498 and G.S. 160A-174(a). (b) Definitions. The following words, terms and phrases, when used in this section, shall have the meanings as set forth hereinafter: ascribed to them in this subsection, except where the context clearly indicates a different meaning: Employee means a person who is employed by the town, or who contracts with the town or a third person to perform services for the town, or who otherwise performs services for the town with or without compensation. Grounds means an unenclosed area owned, leased, or occupied by the town. Local health department means the district health department, public health authority, or county health department, the jurisdiction of which includes the town. Smoking means the use or possession of an e-cigarette, lighted cigarette, lighted cigar, lighted pipe, or any other lighted tobacco product. Tobacco product means any product containing, made, or derived from tobacco that is intended for human consumption, whether chewed, smoked, absorbed, dissolved, inhaled, snorted, sniffed, or ingested by any other means, or any component part or accessory of a tobacco product, including, but not limited to, cigarettes; cigars; little cigars; cheroots; stogies; periques; granulated, plug cut, crimp cut, ready rubbed, and other smoking tobacco; snuff; snuff flour; Cavendish; plug and twist tobacco; fine-cut and other chewing tobacco; shorts; refuse scraps, clippings, cutting and sweepings of tobacco; and other kinds and forms of tobacco. A tobacco product excludes any product that has been approved by the United States Food and Drug Administration for sale as a tobacco cessation product, as a tobacco dependence product, or for other medical purposes, and is being marketed and sold solely for such an approved purpose. Town building means a building owned, leased as lessor, or the area leased as lessee and occupied by the town. Town vehicle means a passenger-carrying vehicle owned, leased, or otherwise controlled by the town and assigned permanently or temporarily to its employees, agencies, institutions, or facilities for official town business. Universal "No Smoking and Use of Tobacco Products Prohibited" symbol means the symbol consisting of a pictorial representation of a burning cigarette and a tobacco product enclosed in a red circle with a red bar across it. (c) Areas in which smoking and the use of tobacco products are prohibited. Smoking and the use of tobacco products are prohibited: (1) In any building owned, leased, or occupied, as herein defined, by the town. (2) In any town vehicle owned, leased, or controlled by the town. (3) In any grounds that are owned, leased, or occupied by the town. (4) In town buildings and on town grounds being used for private events. (d) Implementation requirements. (1) The town shallPROOFS post signs that meet all the requirements in subsection (e) of this section. (2) The town shall remove all ashtrays and other smoking receptacles from its buildings and grounds, except for ashtrays and receptacles for sale and not intended for use on the premises.
54 Legal Analysis: Code 2003, § 18-5. Prohibit smoking and the use of other tobacco products in the town buildings and vehicles and on all town grounds. In subsection (f) – revise to use general penalty § 1-14? Keep per 6/5/17 conference.Deleted (h) and (i) as not needed. OK per 6/5/17 conference. (3) The person in charge of the town building, vehicle, or grounds, or his designee, shall direct a person who is smoking or using a tobacco product in a prohibited area to cease and, if the person does not comply, shall contact the town police department. (e) Signage. The signs required by subsection (d) of this section must: (1) State in English that smoking and the use of tobacco products are prohibited and include the universal "No Smoking and Use of Tobacco Products Prohibited" symbol. (2) Be of sufficient size to be clearly legible to a person of normal vision, and be conspicuously posted. (3) Be posted at each entrance to a town building and in other locations within the building reasonably calculated to inform employees and the public of the prohibition. (4) Be posted in each town vehicle in areas visible to passengers, provided that their placement does not interfere with the safe operation of the vehicle. If the vehicle is used for undercover law enforcement operations, a sign is not required to be placed in the vehicle. (5) Be posted on town grounds in locations and at intervals reasonably calculated to inform employees and the public of the prohibition. (f) Enforcement and penalties. (1) Penalty for violation. Following oral or written notice by the person in charge of an area described in subsection (d)(3) of this section, or his designee, failure to cease smoking or using tobacco products constitutes an infraction punishable by a fine of not more than $50.00. A citation may be issued by a sworn law enforcement officer. Conviction of an infraction under this section has no consequence other than payment of a penalty, and no court costs may be assessed. (2) Additional sanctions for employees. In addition to any penalty under subsection (a) of this section, employees of the town who violate this section shall be subject to disciplinary action consistent with the town human resources policies. (g) Public education. The town shall engage in an ongoing program to explain and clarify the purposes and requirements of this section to employees and citizens affected by it and to guide operators and managers in their compliance with it. In doing so, the town may rely upon materials and information provided by the local health department. __ Severability; conflict of laws. If this section or application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of the section that can be given separate effect and to that end the provisions of this section are declared to be severable. All ordinances or parts of ordinances in conflict with this section are hereby repealed. (f) Effective date. This section shall be effective on July 1, 2013. (Code 2003, § 18-5; Ord. No. 09-29, § 1(exh. A), 12-17-2009; Ord. No. 13-09, 4-18-2013; altered in 2018 recodification) Editor's note— Ord. No. 13-09, adopted April 18, 2013, changed the title of section 18-5 from "Smoking in public buildings" to "Prohibit smoking and the use of other tobacco products in the town buildings and vehicles and on all town grounds." The historical notation has been preserved for reference purposes. Sec. 38-7. Presence of registered sex offenders on or about public parks. (a) Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsecPROOFStion, except where the context clearly indicates a different meaning. Registered sex offender means an individual who is registered by any state or federal agency as a sex offender and whose name is published on any state or federal registered sex offender listing, including, but not limited to, the sex offender registry established by G.S. ch. 14, art. 27A 14-208.5 et seq. Public park means any publicly owned or maintained land which is designated by the town of Leland as a park or recreational facility. (b) Prohibited. It shall be unlawful for any person or persons registered as a sex offender with the state of North Carolina or with any other state or federal agency to knowingly enter into or on any public park owned, operated or maintained by the town. (c) Penalty. Anyone who is found in violation of this section shall be guilty of a misdemeanor as provided in G.S. 14-4 and shall be fined not more than $500.00. Each and every entry into a park, regardless of the time period involved, shall constitute a separate offense under this section. (d) Posting. The town manager or his designee shall be responsible for posting this regulation at the main entrance of each park within 30 days following the passage of this section. (Code 2003, § 18-6; Ord. No. 10-04, § 1, 1-21-2010)
PROOFS
Chapters 39--41 RESERVED
PROOFS
Chapter 42 ARTICLE XI
SIGNS55 *Editor's note— Ord. No. 11-13, § 1(Exh. A), adopted December 5, 2011, repealed and reenacted article XI in its entirety to read as herein set out. Formerly, article XI, §§ 30-381—30-395, pertained to similar subject matter and derived from Ord. No. 02-21, § 1(19.194(1)—(5), 19.196(1)—(4), 19.197—19.201), adopted June 20, 2002; Ord. No. 02-29, § 1, adopted October 17, 2002; Ord. No. 02-30, § 1, adopted November 21, 2002; Ord. No. 04-32, § 1, adopted October 21, 2004; Ord. No. 04-33, § 1, adopted October 21, 2004; Ord. No. 05-36, § 1, adopted November 17, 2005; Ord. No. 07-24, § 1, adopted September 20, 2007; Ord. No. 08-13, §§ —4, adopted July 17, 2008; Ord. No. 08-09, §§ 1—15, adopted March 20, 2008; Ord. No. 08-16, §§ 1—3, adopted September 18, 2008; Ord. No. 09-03, §§ 1—4, adopted January 15, 2009; Ord. No. 09-14, § 1, adopted August 20, 2009; Ord. No. 10-10, § 1, adopted April 15, 2010, and Ord. No. 10-16, § 1, adopted October 21, 2010. Sec. 42-1. Definitions. The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: A-frame sign means a portable sign comprised of two separate panels or faces joined at the top and spread apart at the bottom to form the base on which the sign stands. Abandoned sign means a sign which no longer identifies or advertises a bona fide business, lesser, service, owner, product, or activity and is no longer maintained. Animated sign means a sign employing motion or the illusion of motion. Animated signs, which are differentiated from changeable signs as defined and regulated by this Code, include the following types: (1) Environmentally activated. Animated signs or devices motivated by wind, thermal changes, or other natural environmental input. This includes spinners, pinwheels, pennant strings, or other devices or displays that respond to naturally occurring external motivation. (2) Mechanically activated. Animated signs characterized by repetitive motion or rotation activated by a mechanical system powered by electric motors or other mechanically induced means. (3) Electrically activated. Animated signs producing the illusion of movement by means of electronic, electrical, or electromechanical input or illumination capable of simulating movement through employment of the characteristics of one or both of the classifications noted below: a. Flashing. Animated signs or animated portions of signs whose illumination is characterized by a repetitive cycle in which the period of illumination is either the same as or less than the period of non-illumination. b. Patterned illusionary movement. Animated signs or animated portions of signs whose illumination is characterized by simulated movement through alternate or sequential activation of various illuminated elements for the purpose of producing repetitive light patterns designed to appear in some form of constant motion. Awning means an PROOFSarchitectural projection or shelter projecting from and supported by the exterior wall of a building and composed of a covering of rigid or non-rigid materials and/or fabric on a supporting framework that may be either permanent or retractable. Awning sign means a sign displayed on or attached flat against the surface or surfaces of an awning. See also
55 Legal Analysis: Code 2003, ch. 30, art. XI. Signs. Review in light of Reed v. Town of Gilbert, Arizona, 576 U.S. _____, 135 S.Ct. 2218, 192 L.Ed2d 236 (2015). Keep per 6/5/17 conference. Wall sign. Banner means a flexible substrate on which copy or graphics may be displayed. National, state or municipal flags shall not be considered as banners. Billboard sign. See Outdoor advertising structure. Bracket sign means any sign hanging from an arm and post exclusive of traffic signs. These signs can advertise or promote a particular business, service, or product, or contain directional information, but they are not required to do so. Bracket style ground sign. See Bracket sign. Building perimeter means, for the purpose of signage, the combined area made up of the outermost walls of the structure. Architectural features and other outcroppings with primarily esthetical purposes shall not be counted as part of the building perimeter. Canopy (building) means a rigid multisided structure covered with fabric, metal or other material and supported by a building at one or more points or extremities and by columns or posts embedded in the ground at other points or extremities. A building canopy may be illuminated by means of internal or external sources. Canopy (freestanding) means a rigid multisided structure covered with fabric, metal or other material and supported by columns or posts embedded in the ground. A freestanding canopy may be illuminated by means of internal or external sources. Canopy sign means a sign affixed or applied to the exterior facing surface or surfaces of a building canopy or freestanding canopy. Changeable sign means a sign with the capability of content change by means of manual or remote input, includes the following types: (1) Manually activated. Changeable sign whose message copy or content can be changed manually on a display surface. (2) Electrically activated. Changeable sign whose message copy or content can be changed by means of remote electrically energized on-off switching combinations of alphabetic or pictographic components arranged on a display surface. Illumination may be integral to the components, such as characterized by lamps or other light-emitting devices; or it may be from an external light source designed to reflect off the changeable component display. See also Electronic message sign or center. Clearance (of a sign) means the smallest vertical distance between the grade of the adjacent street, highway, or street curb and the lowest point of any sign, including framework and embellishments, extending over that grade. Combined development means a group of two or more uses/entities planned and developed in a joint manner, regardless of whether such uses/entities are located on the same lot or parcel, and follow one of these provisions: (1) Covenants or restrictions and physical layout. a. The development shares parking, driveways or other common facilities beyond frontage on the same street; and b. The uses/entities are governed by a common business, tenant, homeowner or other association with covenants and restrictions and by a physical layout of the uses/entities that are developed cohesively to look like the same development; and c. The uses/entitiesPROOFS did not group together for the primary purpose of creating a combined development sign. (2) The uses/entities may occupy a common or adjoining building. Commercial message means any sign wording, logo or other representation that, directly or indirectly, names, advertises or calls attention to a business, product, service or other commercial activity. Commercial outdoor advertising sign means a permanent off-premises sign erected, maintained or used in the outdoor environment for the purpose of providing copy area for commercial or noncommercial messages. Construction sign means a temporary sign giving the name or names of principal contractors, architects, and lending institutions responsible for construction on the site where the sign is placed, together with other information included thereon. Copy means the graphic content of a sign surface in either permanent or removable letter, pictographic, symbolic, or alphabetic form. Copy area of sign means the actual area of the sign copy as applied to any background. Copy area on any individual background may be expressed as the sum of the geometrically computed area(s) encompassing separate individual letters, words, or graphic elements on the background. Directional sign means any sign giving directional information for the convenience and necessity of the public and that is located on or along a driveway, parking area or any road other than a major thoroughfare. Traffic and other mandatory signs are excluded. Directory sign means a sign on which the names and locations of occupants or the use of a building is given. This shall include office buildings and church directories. Disrepair means signs that are broken, cracked, vandalized, torn, rotten, faded, faulty, defective, rusty, or otherwise unsightly. Double-faced sign means a sign with two faces, back-to-back. Electric sign means a sign or sign structure in which electrical wiring, connections, or fixtures are used. Electronic message sign or center means an electrically activated changeable sign whose variable message capability can be electronically programmed. Elevation means the entire side, rear or front of a building or unit including the parapet. Encroachment agreement means a legal document that defines the responsibilities of a property owner for the design, installation, liability and maintenance of a directional sign located in a town right-of-way. An encroachment agreement is approved on a case-by-case basis by town council after review by the planning board. The encroachment agreement is not a building permit and the holder is responsible for securing all necessary construction or building permits. Facade means an exterior, vertical surface of a building including wall faces, parapets, fascia, windows, doors, canopies and visible roof structures, of one complete elevation. Facade, multi-use, means that a complete building elevation, either single or multi-storied, is shared by two or more uses or tenants. Each use or tenant's individual facade shall be determined to be the portion of the exterior, vertical face or wall of the building which would be delineated by the imaginary extension of the centerline of the interior walls defining each use or the tenant's unit of occupancy through the exterior of the vertical face or wall. The imaginary extension of the centerline of the use or tenant's floors, ceilings, and walls shall be the extent of the individual facade within the overall building facade. Each use or tenant facade includes wall faces, parapets, fascia, canopies, and visible roof structures immediately adjacent to or within that use or tenant. Facade, single use, means an exterior, vertical surface of a building including wall faces, parapets, fascia, windows, doors, canopies and visible roof structures, of one complete elevation with a single use or tenant occupying the entire building. Face of sign or sign face means the area of a sign on which the copy is placed. This does not include the mounting structure. PROOFS Feather flag means a flag that is affixed to a pole which is located outdoors and contains language for advertisement, greeting or similar messaging purposes. Fence sign means a sign mounted on, attached to or constructed as part of a fence or similar structure. Festoons means a string of ribbons, tinsel, small flags, balloons or pinwheels. Flag means any fabric, banner or bunting containing distinctive colors, patterns or symbols used as a symbol of government, political subdivision or other entity. Freestanding sign means a sign supported permanently upon the ground by poles or braces and not attached to any building. Frontage (building) means the length of an exterior building wall or structure of a single premise along either a public way or other properties that it faces. Frontage (property) means the length of the property line(s) of any single premises or combined development along either a public right-of-way or other properties on which it borders. Gasoline pump sign means signs attached to gasoline and motor vehicle fuel pumps, which display material incidental to the operation of the pumps, such as price, fuel type and self-service instructions. Government sign means any temporary or permanent sign erected and maintained by the city, county, state, or federal government for traffic direction or for designation of or direction to any school, hospital, historical site, or public service, property, or facility. Grade means the uppermost surface directly below the sign or immediately adjacent to the support. Where the uppermost surface has been artificially raised for landscaping or other purposes, the grade shall be measured from the level of the nearest town or state street curb or edge of pavement. Ground sign means a sign with its supports mounted directly to the ground and has a continuous base that is not attached to any building. Such signs may be monument style, bracket style or freestanding where specified as permitted. Holiday decorations means displays erected on a seasonal basis in observance of religious, national or state holidays, which are not intended to be permanent in nature, and which contain no advertising material or commercial message. Illegal sign means a sign erected or maintained in violation of a prior sign ordinance or erected, altered or replaced in violation of this chapter or subsequent amendment hereto. The term “non-conforming sign” is another term meaning illegal sign. Illumination, indirect or external, means illumination which reflects light from an artificial light source intentionally directed upon a surface, including silhouettes of letters or symbols placed before a background of reflected light. Illumination, internal, means illumination provided from a source located inside or within the face of the sign. Incidental sign means any general information sign that has a purpose secondary to the use of the subject property on which it is located. Traffic and other mandatory signs are excluded. Inflatable sign means a three-dimensional object filled with air or gas and located in such a manner as to attract attention. Interior sign means any sign placed within a building, but not including window signs as defined by this chapter. Interior signs, with the exception of window signs as defined, are not regulated by this chapter. Legal non-conforming sign means any permanent sign currently in use which does not comply with this chapter but which was in compliance with the requirements of the sign ordinance in effect immediately prior to the adoption of this chapter or was characterized as a legal non-conforming sign under a previous ordinance. This definition does not apply to temporary signs, prohibited signs, or abandoned signs. Logo means a graphic mark, emblem, trademark or symbol used to aid or promote instant public recognition of a company, organization or individual. Maintenance meansPROOFS cleaning, painting, or minor repair of defective parts of a sign in a manner that does not alter the design, or structure of the sign. Mansard means a steeply pitched roof, pitched at such an angle as to resemble a building wall. Marquee means a permanent roof-like structure or canopy of rigid materials supported by and extending from the facade of a building. Monument sign means a ground sign that is mounted generally flush with the surrounding grade. Such sign may not be attached to a pole or pylon, nor raised by mounting on a manmade berm, wall or similar structure. Support elements may not exceed 24 inches in height and are included in the measurement of the signs height. Multiple-faced sign means a sign containing three or more faces. Mural means a picture or graphic illustration applied directly to any surface, which can advertise or promote a particular business, service, or product, but is not required to do so. Only murals and building decorations used or intended to be used for advertising purposes to promote a particular business shall be considered a permanent sign requiring a permit. Off-premises sign means a sign or display that identifies or communicates a message related to the business, service or establishment conducted, sold or offered at a location other than the property where the sign is erected or affixed. This definition shall include the terms "outdoor advertising sign" or "billboard sign." On-premises sign means a sign or display that identifies or communicates a message related to the business, service or establishment conducted, sold or offered on the property where the sign is erected or affixed. Outdoor advertising structure, sign or billboard sign means a permanently installed sign identifying, advertising and/or directing the public to a business, merchandise, service, institution, residential area or entertainment which is located, sold, rented, leased, produced, manufactured and/or furnished at a place other than the real property on which the sign is located. Parapet means the extension of a building facade above the line of the structural roof. Pennant means any lightweight plastic, fabric or other material, whether or not containing a message of any kind, suspended from a rope, wire or string, usually in a series, and designed to move in the wind. Political sign means a temporary sign intended to advance a political statement, cause, or candidate for office. Portable sign means any sign designed or intended to be readily relocated, whether or not it is permanently attached to a building, structure or on the ground. Such term also includes signs on wheels or on portable structures, such as trailers, tent signs, A-frame or T-shaped signs and normal advertising placed on motor vehicles which are not used regularly and are placed in such a manner as to attract attention. Post sign means a freestanding sign that directs vehicular or pedestrian traffic to a specified location. Primary frontage means the principal area of the building wall facing the main point of ingress and egress for the establishment in question and shall be designated as such on the sign application. Projecting sign means a sign which projects from a structure into a vehicular or pedestrian access way more than one foot from the surface on which it is mounted, and is mounted usually, but not always, at right angles to the building. Pylon or pole sign means a sign constructed with a base consisting of one or more poles. Real estate sign means a temporary sign advertising the sale, lease, or rental of the property or premises upon which it is located. Roof sign means any sign erected, constructed and/or painted, wholly or partially, on or above the roof of a building. Secondary frontage means any secondary walls or architectural features as designated on the sign application. Sight distance triangle means the area to be clear of obstruction for safe turning movements. Reference the town requirements in chapter 22, article III, division 3, design standards, section 50-146. 22-145. Sign means any device visible from a public place whose essential purpose and design is to convey either commercial or noncommercial messages by means of graphic presentation of alphabetic or pictorial symbols or representations. Such termPROOFS shall not include the flag or emblem of any nation, organization of nations, state, city or any fraternal, religious or civic organization; works of art which in no way identify a product; or scoreboards located on athletic fields. Sign structure means any structure designed for the support of a sign. Subdivision identification sign means a freestanding monument or wall sign identifying a recognized subdivision, condominium complex, or residential development. Suspended sign means a sign which is suspended from the underside of a horizontal plane surface and is connected to this surface. Temporary directional off-premises real estate sign means a sign not intended to be displayed on a permanent basis that identifies or directs the public to a residential area where property is available for sale, rent or lease and which is located at a place other than the real property on which the sign is located. Temporary sign means a sign intended to display either commercial or noncommercial messages of a transitory or temporary nature. Portable signs or any sign not permanently embedded in the ground, or not permanently affixed to a building or sign structure that is permanently embedded in the ground, are considered temporary signs. Under-canopy sign means a sign suspended beneath a canopy, ceiling, roof, or marquee. US Hwy 17 Overlay District means the area as designated by the town and which is delineated upon a map adopted by the town council and on file with the town planning department. V-shaped sign means a sign constructed in the form of a "V." Vertical banner means a banner hung or projecting from a banner pole. Wall sign means a single faced sign affixed on, and parallel to, the exterior wall of any building and projecting not more than 18 inches from the wall. Signs mounted on porticoes shall be considered as wall signs. Window sign means a sign applied directly onto a window or inside of a window and within ten feet of the window. Window signs include, without limitation, the application of words and logos onto window glass, the use of hanging signs and paper signs. However, the display of merchandise shall be permitted provided the packaging and/or labels are not so extreme as to render it substantially advertising copy. Window signs shall not be animated signs, blinking signs, or electronic message boards. (Code 2003, § 30-381; Ord. No. 11-13, § 1(exh. A), 12-5-2011; Ord. No. 12-03, § 1, 4-19-2012; Ord. No. 12-10, § 1, 10-18- 2012; Ord. No. 12-11, § 1, 10-18-2012; Ord. No. 12-13, § 1, 11-15-2012) Sec. 42-2. Purpose. The purpose of this chapter is to: (1) Encourage the effective and appropriate use of signs as a means of communication in the town; (2) Ensure that the design, construction, installation, repair and maintenance of signs will not interfere with pedestrian or vehicular safety or otherwise endanger public safety; (3) Allow for adequately legible sign copy and overall sign visibility; (4) Provide regulations that allow reasonable consideration of the visual environment and minimize possible adverse aesthetic effects on surrounding property; (5) Enable the fair and consistent enforcement of this chapter. (Code 2003, § 30-382; Ord. No. 11-13, § 1(exh. A), 12-5-2011) Sec. 42-3. Sign permits; applicability. (a) Except as otherwise provided in this chapter, a sign permit application shall be submitted to the code enforcement officer and a sign permit shall be required to erect, construct, enlarge, move or replace any sign. A building permit may also be required. (b) Combined development signs require a sign permit and a signage plan as outlined in section 42-4. 30- 384. (Code 2003, § 30-382; Ord.PROOFS No. 11-13, § 1(exh. A), 12-5-2011) Sec. 42-4. Signage plan. (a) Applicability. Combined developments require a signage plan representing all ground signs in a development project. Locations of all existing and proposed ground signs of any type should be shown on a site plan. Understanding that all sign locations may not be known at the time of plan submittal or that locations may need to change after the approval of the plan, signage plans may be amended as development occurs. (b) Signage plan requirements. (1) The sign permit applicant shall submit a signage plan to the code enforcement officer for review with the first combined development sign permit application for a development. (2) Proof of combined development as described in the definition in section 42-1 30-381 of this article shall be provided by the applicant with a signage plan and other documentation as required by the code enforcement officer. (3) If any non-conforming signs exist on the property or properties included in the signage plan, those signs must be brought into compliance prior to the issuance of a sign permit. (4) Additional information may be requested by the code enforcement officer on a case-by-case basis. (Code 2003, § 30-384; Ord. No. 11-13, § 1(exh. A), 12-5-2011) Sec. 42-5. Sign area and height computations. The following principles shall control the computation of sign area and height: (1) Computation of area of single-faced signs. The area of a sign face shall be computed by means of the smallest square or rectangle that will encompass the extreme limits of the writing, representation, emblem or other display, together with any material or color forming an integral part of the background of the display or used to differentiate the sign from the backdrop or structure against which it is placed, but not including any supporting framework, bracing, or decorative fence or wall when such fence or wall otherwise meets regulations of this chapter and is clearly incidental to the display itself. (2) Computation of area of multi-faced signs. The sign area for a sign with more than one face shall be computed by adding together the area of all sign faces visible from any one point. When two identical sign faces are placed back-to-back so that both faces cannot be viewed from any point at the same time, and when such sign faces are part of the same sign structure and not more than 42 inches apart, the sign area shall be computed by the measurement of one of the faces. If the sides of the sign are not identical the larger sign face will determine the square footage allowed. (3) Computation of combined development ground sign area. Logos and/or text on ornamental or support structures of the combined development sign may not exceed one logo and two lines of text and shall not exceed 25 percent of the total allowable sign area of the combined development sign face. This computation is not included in the total allowable sign area for combined development signs. (4) Computation of height. The maximum height of a sign shall be measured at the base of the sign from normal grade to the top of the highest part of the sign exclusive of ornamental features. This includes any base construction. a. Normal grade shall be construed to be either the existing grade prior to construction or the newly established grade after construction, exclusive of any filling, berming, mounding or excavating solely for the purpose of locating the sign. b. In cases in which the normal grade cannot reasonably be determined, sign height shall be computed on the assumption that the elevation of the normal grade at the base of the sign is equal to the elevation of the nearest point of the crown of a public street or the grade of the land at the principal entrance to the principal structure on the lot or parcel, whichever is lowest. (5) Computation of area of V-shaped signs. When determining the available sign area of a V-shaped sign having an angle between the two sides of the sign of 30 degrees or more, the area of two sides of such sign shall be included. When determining the available sign area of a V-shaped sign having an angle between the twoPROOFS sides of the sign of less than 30 degrees, the area of only one side of such sign shall be included. Area of the sign faces will be regulated by the tables in section 42-14. 30-394. If the sides of the sign are not identical the larger sign face will determine the square footage allowed. [GRAPHIC] (Code 2003, § 30-385; Ord. No. 11-13, § 1(exh. A), 12-5-2011) Sec. 42-6. Construction and maintenance standards. All signs shall be constructed and maintained in accordance with the following standards and as further specified in this chapter: (1) Construction. All signs shall be constructed of permanent materials and shall be securely attached to the ground, a building, or by direct attachment to a rigid wall, frame, or structure. This provision does not apply to banners, flags, temporary signs, or window signs. (2) Maintenance. The sign shall be maintained in substantially similar condition as to when it was originally permitted and erected. Maintenance shall include periodic painting, replacement of defective or missing parts, cleaning, and replacement of any sign face that exhibits damage or deterioration. Refer to section 42-7 30-387 for repair and maintenance of legal non-conforming signs. (Code 2003, § 30-386; Ord. No. 11-13, § 1(exh. A), 12-5-2011) Sec. 42-7. Repair, maintenance and alteration of a sign face on legal non-conforming signs.56 (a) Repairs and maintenance. (1) Unless otherwise prohibited or regulated by this chapter, a legal non-conforming sign may be maintained and repaired without a sign permit even though such repair will not bring the sign into compliance with this chapter. (2) Legal non-conforming signs which have been damaged or destroyed by accident or natural causes beyond normal wear and tear, or which have been required to be removed by a duly constituted governmental body may be reconstructed/repaired if the following criteria are met: a. The sign owner shall supply the code enforcement officer with a comparison of cost supplied by a sign manufacturer including: 1. The cost to reconstruct/repair and install the legal non-conforming sign; and 2. The cost to construct and install a new conforming sign of the same type. b. Reconstruction or repair of a legal non-conforming sign shall be allowed if the cost of this action does not exceed 60 percent of the total cost of a new conforming sign of the same type; and c. The permit required for such reconstruction/repair is applied for within six months of the date of damage. (2)Alteration of sign face. * __ Except as provided in subsection 30-387(3), the sign face or copy of a legal non-conforming sign may be changed to reflect a modification in the company or individual marketing policy only if the following criteria are met: __ The sign may not be reconstructed or relocated, and __ There shall be no increase in the size or height of the sign; and __ Except as provided in subsection 30-387(3), new tenants, uses, or entities shall bring signs into compliance with this article. Replacement of the sign face of a legal non-conforming sign reflecting a new business name at such location shall not be permitted. __ The alteration of a sign face or copy on a legal non-conforming sign requires a sign permit and payment of the requisite fee. (b) Alteration of PROOFSsign face. * (1) The sign face or copy of a legal non-conforming sign may be changed to reflect a modification in the company or individual marketing policy only if the following criteria are met:
56 Legal Analysis: Code 2003, § 30-387. Repair, maintenance and alteration of a sign face on legal non-conforming signs. What is the significance of the asterisks in this section? It appears there are 2 subsection (2) Alteration of sign face – which is correct? Revised per 10/26/17 conference. a. The sign may not be reconstructed or relocated; and b. There shall be no increase in the size or height of the sign. (2) New tenants, uses, or entities shall bring signs into compliance with this chapter. Replacement of the sign face of a legal non-conforming sign reflecting a new business name at such location shall not be permitted. (3) The alteration of a sign face or copy on a legal non-conforming sign requires a sign permit and payment of the requisite fee. __ Alteration of sign face of a legal non-conforming combined development sign. * __ The sign face or copy of a legal non-conforming combined development sign may be changed to reflect a modification in a new company only if the following criteria are met: __ The sign may not be reconstructed or relocated, and __ There shall be no increase in the size or height of the sign; and __ The businesses within the combined development are required to meet the definition as listed in section 30-381 for "combined development." (Code 2003, § 30-387; Ord. No. 11-13, § 1(exh. A), 12-5-2011; Ord. No. 12-02, §§ 1, 2, 4-19-2012; altered in 2018 recodification) Sec. 42-8. Signs installed or placed on public property and rights-of-way and town maintained easements. Any sign installed or placed on public property or within a public right-of-way or town maintained easement, except in conformance with the requirements of this chapter, shall be forfeited to the public and is subject to confiscation by the town. In addition to other remedies under this chapter, the code enforcement officer shall have the right to recover the full costs of removal and disposal of such signs from the owner or person placing such signs. (Code 2003, § 30-388; Ord. No. 11-13, § 1(exh. A), 12-5-2011) Sec. 42-9. Prohibited signs. The following signs are prohibited within the town: (1) Signs which approximate official highway signs, warning signs or regulatory devices. (2) Signs displaying blinking, flashing or intermittent lights, animation and moving parts, except as provided for in section 42-11(1)g and (5)d. 30-391(1)a.7. and (5)d. (3) Portable signs, except as specifically permitted in this chapter. (4) Wraparound signs or other continuous wall signs that extend around a building corner or radii. (5) Off-premises signs, except as specifically permitted in this chapter. (6) Facsimile signs. (7) Signs placed within any required sight distance triangle. (8) Signs attached to, or painted on telephone poles, trees, parking meters, bridges and overpasses, rocks, other signs, benches and refuse containers, except that the latter two may contain a logotype and donor names. No signs except vertical banner signs are allowed on utility poles. (9) Roof signs. PROOFS (10) Pavement markings for purposes other than traffic control. (11) Signs placed within or extending into town maintained easements or the right-of-way of town and state- maintained streets and roads, except signs erected by a duly constituted governmental body or as specifically permitted in this chapter. (12) Signs that contain language or pictures obscene to the general public in accordance with G.S. 14-190.1. (13) Signs that advertise an activity or business no longer conducted on the property on which the sign is located. (14) Indirect illumination, such as floodlights, erected in such a manner as to cause glare that impairs driver vision on streets and roadways, or that causes a nuisance to adjoining property. (15) Signs that obstruct fire escapes, windows, doors or other openings used as a means of egress or as required legal ventilation. (16) Signs containing or consisting of pennants, ribbons, streamers, festoon lighting, balloons or inflatable signs, feather flags or spinners. (17) Off-premises real estate signs, except as specifically permitted in this chapter. (18) Any exterior illuminated tubing or strings of lights, including, but not limited to, those outlining property lines, buildings, structures, open sales areas, rooflines, doors, windows, or the edges of walls except holiday lights. (19) New outdoor advertising structures. (20) Digital or LED outdoor advertising structures are not allowed except as specifically permitted in this chapter. (21) Signs that do not conform to the provisions of this chapter. (Code 2003, § 30-389; Ord. No. 11-13, § 1(exh. A), 12-5-2011) Sec. 42-10. Signs allowed in all zoning districts without a permit. No permit is required for the following signs, provided such signs are not prohibited pursuant to section 42-9 30-389 and provided they comply with the conditions set forth in this chapter. Signs permissible in this section shall not be considered in determining the total sign area; however, if a sign exceeds the size or in any other way does not comply with these limitations, it shall be considered as a prohibited sign and/or shall be subject to all other provisions of this chapter. (1) Building marker signs. Such signs may include only the building name, date of construction or historical data on historic buildings or sites, and shall be cut or etched into masonry, bronze or similar material. (2) Business identification signs. Such signs shall be pedestrian oriented signs attached to a building to identify the tenant(s) within. Such sign shall contain no advertising, other than trade names and a logotype. One sign is permitted per entrance. Maximum size of such sign is six square feet. (3) Special event sign for public, quasi-public or nonprofit organizations. a. A sign may be erected by public, quasi-public or nonprofit organizations for promoting: 1. Scheduled sales events, such as rummage and bake sales. Such signs shall remain in place no more than 72 hours. Additionally, such signs shall be limited to one on-premises sign per street frontage. 2. Public events, such as charity benefits, fairs, fund drives, revivals and sporting events. Such sign shall not be illuminated nor be located within a street right-of-way or sight distance triangle. Such sign may be displayed for a period of 30 days and may be allowed on the premises or off the premises. 3. Special seasonal events, such as parades, fairs and festivals. Such signs may be erected on the premises or off the premises within 14 days of the event and shall be removed within 72 hours afterPROOFS the end of the event. b. Such signs shall not be illuminated and the maximum size is 18 square feet. (4) A-frame signs. A business shall be allowed one A-frame sign per building frontage, but the sign shall not be illuminated. An A-frame sign advertising on-premises business sales, special events, daily specials and/or promotions shall be allowed year round provided that total sign area does not exceed ten square feet. The sign may contain changeable copy on a chalk or wet/dry-erase board only. These signs may not be located in the public right-of-way or sight distance triangle. Signs must be located in compliance with this chapter and all local, state and federal codes. (5) Construction/contractor's and subdivision project signs. Such signs shall not be illuminated and may be located in any district to identify future tenants, homebuilders, contractors and designers during the period of construction. Such signs shall be removed no later than seven days after the completion of a project. The maximum size of such signs is 48 square feet each. No more than four of these signs are allowed on a parcel or within a combined development and the total sign area allowed for all of these construction/contractor's and subdivision project signs is 64 square feet. (6) Flags. Such flags shall be flags of the United States of America, the state, the county, the town or foreign nations having diplomatic relations with the U.S., and any other flag adopted or sanctioned by an elected legislative body of competent jurisdiction, provided that such flags shall also be flown in accordance with the following provisions: a. Flags displaying a logo, message, statement, or expression relating to commercial interests, and banners otherwise not meeting the definition of a flag shall also conform to all sign regulations in this chapter; b. Reference to flagpole height refers to vertical flagpoles; c. Reference to flagpole height refers to the distance to the top of the flagpole from the ground; d. In all zoning districts, flagpoles shall not exceed 60 feet in height and shall follow the dimensional limitations as outlined in subsection (6)f. of this section; e. A vertical flag pole shall be set back from all property boundaries, rights-of-way and electrical easements a distance which is at least equal to the fly width of the allowable flag; f. Such flags shall be flown in accordance with protocol established by the Congress of the United States for the Stars and Stripes as well as the Executive Order dated June 24, 1912, establishing proportions for the flag and in accordance with 4 USC 1; g. Any flag not meeting these conditions shall be considered a banner sign and shall be subject to regulation as such; and h. In conjunction with, and only in conjunction with the flags set forth in this subsection (6), business or corporate logo flags, with a maximum size of three feet by four feet, may be flown. Such corporate and logo flags are to be displayed on a one-to-one relationship with the other flags listed in this subsection (6). (7) Governmental signs. Such signs shall be posted by various local, state and federal agencies, such as regulatory signs, welcome signs and traffic control signs. (8) Incidental signs. a. Such signs shall indicate entrances and exits, parking areas, one-way traffic, no trespassing, dumping, loitering, etc. b. Such signs shall not exceed three feet in height or four square feet of sign area. c. Such signs may contain general information about the premises but may not contain commercial messages. d. Such signs shall not obstruct any vehicular sight distance triangle, and shall be located in the immediate vicinity of the entrance/exit or other item in which it delineates. e. No more than two signs per entrance or exit shall be allowed. f. Such signsPROOFS may be illuminated. g. Such signs shall not be placed in any public right-of-way or town maintained easements. (9) Directional signs located outside of the right-of-way. A directional sign located outside of the right-of- way can be utilized within any development that has an approved master land use plan on file with the town and is in conformance with all of the following regulations: a. Such sign may be in the style of a post sign or bracket sign. b. Post style directional signs shall not exceed ten square feet in total sign area and six feet in height. c. Such signs shall not be located in any required site distance triangle and shall not visually impair drivers or pedestrians. d. Bracket style directional signs shall not exceed 24 square feet in total sign area. No more than four panels per sign. e. Directional signs located outside of the right-of-way may be illuminated by an indirect source of light. f. Such signs may not be located on a road frontage along major thoroughfares such as Highway 17, Highways 74/76 or Village Road. g. Such signs They shall comply with local, state and federal codes. (10) Occupant/street number signs. Such signs shall be not be illuminated signs affixed to structures, mailboxes, decorative light posts, driveway entrances, etc., which serve to identify the address of the structure or occupant. All such signs are required to be placed in a manner so as to be visible from the street. (11) Off-premises directional signs for churches. a. Such signs shall be permanent freestanding signs. Portable signs shall not be allowed. b. No greater than two directional signs shall be allowed at any street corner. c. No greater than two directional signs per use shall be allowed. d. No two directional signs shall be located within five linear feet of each other. e. All directional signs shall be constructed of durable wood or non-reflective metal or plastic material. f. Directional signs shall not be illuminated. g. More than one sign may be placed on the same sign support. The maximum area of any one sign shall be two square feet; however, the maximum aggregate area of all signs on any sign structure shall be four square feet. (12) Political signs. Such signs shall not be illuminated, shall not be located within a public street right-of- way or closer than ten feet from the edge of the street pavement or within a required sight distance triangle, shall not be attached to trees or utility poles, shall not be roof mounted, shall be no taller than four feet, and shall have a maximum size of six square feet, provided that either side of a two-sided sign may be up to six square feet. (13) Real estate signs on residential properties. Such signs shall advertise the sale or lease of the property on which the sign is located. Such signs may not be illuminated or located within a sight distance triangle or public right-of-way and shall be removed no later than seven days after the sale or lease of the property. Such signs are limited to one sign per street frontage. The maximum height of such signs is to be ten feet above the adjacent road grade. The maximum size of such signs is four square feet; however, properties which are two acres or larger may have a maximum sign size of 24 square feet. (14) Real estate signs for nonresidential properties. Such signs shall advertise the sale or lease of the property on which the sign is located. Such signs may not be illuminated or located within a sight distance triangle or public right-of-way and shall be removed no later than seven days after the sale or lease of the property. Such signs arePROOFS limited to one sign per street frontage. The maximum size of such signs is 24 square feet and the maximum height is ten feet above the adjacent road grade. (15) Window signs. Such signs shall be placed or painted on the interior or exterior of glass windows or doors, provided that such signs cover no more than 30 percent of the entire storefront. Window signs that cover more than 30 percent of the glass shall be considered as wall signs and shall meet the requirements for wall signs within the appropriate zoning districts. (16) Yard, garage and moving sale signs, etc. Such signs may be placed on the premises or off the premises, provided such signs are not located in a sight distance triangle or street right-of-way, nor placed on any tree, street sign or utility pole. Such signs may not be illuminated and may remain in place for 72 hours in any 90-day period. The maximum size of such signs is four square feet.
(17) Murals. Murals not intended for the purpose of advertising or promoting a particular business, service or product shall be allowed. Building names are allowed in murals provided that the names do not specifically advertise or promote any particular business, service or product in the building. All other murals shall comply with section 42-11(1)f. 30-391(1)a.6. (18) Vertical banner signs. Such signs may be placed on streetlight or utility poles owned or maintained by the vertical banner sign owner as long as no advertising for off-premises events or locations occur on poles. The maximum size of one face of these signs is 14 square feet and the signs may be double sided. a. An example of this type of sign is a season's greetings or neighborhood events sign attached to streetlight poles in a neighborhood which would be allowable on poles owned or maintained by that neighborhood. Neighborhood event signs may could not be displayed on public streetlight or utility poles. b. The town may announce events or messages on these signs on public or private streetlights and utility poles provided that the pole owners agree to the display. c. All signs must be located in compliance with this chapter and with local, state and federal codes. (19) Civic service club display signs. Such signs shall not be internally illuminated or located in any street right-of-way or site triangle. Such signs are limited to one structure per location and no more than two locations within the town. Location and design of such signs shall be approved by the town council in the form of resolution. Such signs, in total, shall not exceed 32 square feet and shall be no more than six feet tall. Such signs shall contain no changeable copy, are intended for display of club logos only and each logo is limited to a maximum of two and a quarter square feet. Such sign structures are intended to be shared with any club's logo approved for display by the town council. Clubs or service groups wishing to display logos on said structure must maintain an active membership in the town and are subject to review by the town council. (Code 2003, § 30-390; Ord. No. 11-13, § 1(exh. A), 12-5-2011; Ord. No. 13-03, § 2, 3-21-2013) Sec. 42-11. Permanent signs requiring a permit. This section shall govern regulations for signs permanently installed on a site and which are required to obtain a sign permit in accordance with the requirements of this chapter and the tables in section 30-394. (1) Wall signs. The sign area, location characteristics and number of wall signs shall be determined in accordance with the tables in section 42-14 30-394 and as outlined in this section. The following additional regulations shall apply to wall-mounted signs: a. Signs on building walls which do not face public streets. The permitted wall sign may be placed on a wall that does not face a public street. The maximum allowable size shall be calculated as if the wall faces a public street. The maximum allowable size for a sign on one wall is not transferable to a wall with less frontage. b. Additional wall sign or canopy sign permitted on corner or more than one street frontage. Lots with more than one street frontage shall be allowed to erect one additional wall or canopy sign on the secondary street frontage, provided that the secondary frontage is at least 100 feet in width at the streetPROOFS right-of-way. The secondary wall sign may not be placed on the same building wall as the primary sign. c. Wall sign or canopy sign permitted to face side or rear parking lot. Lots with parking to the side or rear of a building shall be allowed to erect an additional wall or canopy sign on each side facing the parking lot, provided that at least 25 percent of the required parking for the establishment is located to the side or rear of the building and an entrance to the establishment faces the parking lot. Side or rear parking lot wall signs may not be placed on the same building wall as the primary sign. d. Location requirements for wall signs. No wall sign may extend more than 18 inches from the exterior of the wall and no portion of a sign shall extend above the wall or feature on which it is mounted. e. Wall signs on historic buildings. Wall signs on historic buildings shall be placed within the sign frieze or a distinct place within which a wall sign was intended to be located if the building was designed for such. No wall sign shall extend beyond such space. If there is no sign frieze, the wall sign shall be placed below the typical second floor window area. The design and coloration of such signs shall be compatible with the character of the building. f. Murals as wall signs. Any mural on a building intended to advertise or promote a particular business, service or product within the building shall comply with the requirements of this section and the tables in section 42-14. 30-394. Sign area of the advertisement, promotion or text in a mural shall be calculated as a wall sign. Any other part of the mural will be considered background and not part of the calculation. g. Changeable sign. A sign with changeable copy or a reader board area and electronic message board area are permitted as wall signs, provided that the changeable copy or electronic message board area does not exceed 50 percent of the total area of the sign and has a maximum square footage of four feet. An electronic message board area is included in the calculation of the total sign area unless the board displays only time and temperature information, in which case, the message area is allowed in addition to the maximum area of the sign. Electronic message board signs may only change copy every 30 seconds. h. Illumination. Internally and externally illuminated wall signs are allowable only if the sign is illuminated in a manner as to prevent glare that impairs a driver's vision on roads and in a manner that prevents nuisance to the adjoining property or tenants. i. Wall signs located within the US Hwy 17 Overlay District. 1. Building perimeter. The total building perimeter shall be identified by the applicant on the sign permit application along with the amount of existing and proposed signage. (i) For the purposes of wall signage, each self-contained business, with direct access to the shared parking facilities or outdoor area, shall adhere to the maximums set forth herein as if said business were not part of a combined development with shared or common walls. (ii) Business located within the confines of another business with no definable separation or direct access to the shared parking lot or outdoor area shall share the signage space allotted to the building in which they reside. (iii) Wall signage on commercial accessory structures shall only be allowed for those businesses which said structure directly serves; any other signage placement would be considered off premises. (iv) Wall signage on commercial accessory structures shall be calculated based on the building perimeter of the primary structure. 2. Wall signs may be located on any attached architectural feature or outcropping. However, as those portions of the building cannot be counted towards the building perimeter, the signs placedPROOFS on said features must not exceed the maximum signage allowance identified in Table 6 of this chapter. 3. Signs may cover no more than ten percent of any one wall, architectural feature or building outcropping. 4. Any sign facing a residential zoning district or within sight of a residential zoning district shall not be illuminated. 5. No wall sign may exceed more than 18 inches from the exterior of the wall and no portion of a sign shall extend above the wall or feature on which it is mounted. 6. Murals as wall signs. Any mural on a building intended to advertise or promote a particular business; service or product within the building shall comply with the requirements of this section and the tables in section 42-14. 30-394. Sign area of the advertisement, promotion or text in a mural shall be calculated as a wall sign. Any other part of the mural will be considered background and not part of the calculation. 7. Changeable sign. A sign with changeable copy or a reader board area and electronic message board area are not permitted as wall signs. (2) Canopy/awning signs. The sign area, location, characteristics and number of canopy/awning signs shall be determined in accordance with the tables in section 42-14. 30-394and as outlined in the following additional regulations: a. Valance and copy size. The valance or apron for any canopy shall in no case exceed 12 inches in height. Individual letters or symbols on the valances shall not exceed nine inches in height. This provision shall apply only to valances to which sign copy is affixed. b. Historic buildings. No canopy/awning sign shall be permitted on a historic building unless documentation indicates that such a sign was used on the building when the building was originally constructed and occupied. The design and coloration of such signs shall be compatible with the character of the building. c. Clearance requirements. All canopy/awning signs attached to the underside of a canopy/awning shall maintain the minimum clearance above the ground level of any sidewalk or vehicular access area as specified in the most recent edition of the state building code. d. Illumination. Canopy/awning signs may not be illuminated. (3) Projected/suspended signs. The sign area, location, characteristics and number of projected/suspended signs shall be determined in accordance with the tables in section 42-14. 30-394and as outlined in the following additional regulations: a. Sign use. No more than one projected or one suspended sign per individual use or tenant shall be permitted. b. Historic buildings. No projected/suspended sign shall be permitted on a historic building unless documentation indicates that such a sign was used on the building when the building was originally constructed and occupied. The design and coloration of such signs shall be compatible with the character of the building. c. Clearance requirements. All projected/suspended signs attached to a building or canopy/awning shall maintain the minimum clearance above the ground level of any sidewalk or vehicular access area no less than nine feet. No sign may obstruct ingress and egress from a building. d. Sign wind loading, working stress, and attachment. All projected/suspended signs shall be attached to the building or canopy/awning in a manner consistent with the most recent edition of the state building code. e. Sign projection and setback. Projected signs shall be projected horizontally a maximum of six feet, but they shall be set back at least two feet from the back face of the curb or outer edge of the pavement where there is no curb. 1. TherePROOFS is no maximum horizontal projection for suspended signs; however, suspended signs shall be set back at least two feet from the back face of the curb or outer edge of the pavement where there is no curb. 2. No projected/suspended sign shall extend more than 12 inches above the immediately adjacent roofline of the building facade on which it is attached. 3. On multi-use facades no projected/suspended sign shall be allowed to project more than 12 inches beyond that tenant/use's facade, as defined in section 42-1, 30-381, definitions. Facade, multi-use, provided that the tenant/use's signage maintains a minimum distance of 12 inches from any adjacent tenant/use's sign, window, or other architectural accents. (See subsections (3)g.1 1 through 4 of this section 30-391(3)i., illustrations 1—4 and the tables in section 42- 14. 30-394.) 4. Projected/suspended signs shall not encroach on sight distance triangles. 5. Setback distances for projecting signs which front on state roads must be approved by the North Carolina state department of transportation. 6. No projected/suspended sign shall be located within any public right-of-way, in a public utility easement, or in any manner that impedes the town's or any utility provider's access to a right-of-way or a utility easement. 7. Within a private utility easement, the tenant/sign applicant must provide the town with written approval for the projected/suspended sign from the utility providers within that private utility easement. f. Multi-tenant sign sharing. Any tenant without a building facade in a multi-tenant building shall be allowed to share projected or suspended signage with the following provisions: 1. One sign sharing tenant must have a building facade immediately adjacent to the tenant's occupancy. 2. All sign sharing tenants shall occupy the same building and the interior tenant must share the sign with the closest tenant having a delineated building facade. 3. All projected/suspended signs shall be in accordance with the tables of section 42-14. 30-394. g. Illustrations. 1. Projected sign on single-use facade. [GRAPHIC] [GRAPHIC] 2. Projected sign above adjacent roofline. [GRAPHIC] 3. Projected sign on multi-use facade. [GRAPHIC] 4. Suspended sign. [GRAPHIC] h. Illumination. Projected/suspended signs may be illuminated by the use of directional light fixtures either surface-mounted or recessed on/into the sign face, on/in sign mounting or suspension hardware, or on/into the building facade. The use of fiber optic string or neon tube lighting as an integral part of the projected/suspended sign shall be allowed. Internally illuminated projected/suspended signs are allowable. Signs shall be illuminated in a manner as to prevent glare that impairs a driver's vision on roads and in a manner that prevents nuisance to the adjoining propertyPROOFS or tenants. (4) Bracket style ground signs. The sign area, location, characteristics and number of bracket signs shall be determined in accordance with the ground sign regulations in the tables in section 30-394 and as outlined in the following additional regulations: a. Bracket sign as a ground sign. A bracket ground sign is allowable instead of a ground sign, not in addition. b. Sign base. No ground sign base is required for a bracket sign. c. Size. Sign on the post and arm shall not exceed 15 square feet in sign area for each sign face. No more than two signs per post are allowed, and signs may be double sided. In cases when additional ground signs are permissible, a second bracket sign is allowed at the same size of the first. d. Overhang. Bracket signs shall not hang over the public sidewalk. e. Sign location. Such signs shall not be placed in the public right-of-way, town maintained easement or any required site distance triangle. f. Distance requirements from existing ground signs. No proposed ground sign shall be placed within 50 feet of an existing ground sign if such signs are located on separate parcels. When such signs are located on the same parcel, the distance requirement shall be increased to 200 feet. g. Illumination. Indirectly illuminated bracket style ground signs are allowable only if the sign is illuminated in a manner as to prevent glare that impairs a driver's vision on roads and in a manner that prevents nuisance to the adjoining property or tenants. (5) Ground signs. The sign area, location characteristics and number of ground signs shall be determined in accordance with the tables in section 42-14 30-394and as outlined in this section. The following requirements also apply to all ground signs: a. Base landscaping in parking and vehicular use areas. 1. All ground signs located within parking or vehicular use areas, and not in yard areas, shall stand in a bed of landscaping at least 30 square feet in area. Such area shall contain low growing plant material such as ground covers, perennials and small shrubs. 2. A ground sign may be located in the landscape median of a vehicular entrance/exit where the median is a minimum of 50 feet long and ten feet wide and provided that the sign is not located within ten feet of either end of the median or within two feet from the sides of the median. A sign in a median shall not visually impair drivers or pedestrians. b. Base landscaping in yard areas. Ground signs in yard areas shall be surrounded by low growing plant material that is installed and maintained to avoid the plants covering the sign copy. c. Distance requirements from existing ground signs. No proposed ground sign shall be placed within 50 feet of an existing ground sign if such signs are located on separate parcels. When such signs are located on the same parcel, the distance requirement shall be increased to 200 feet. d. Changeable sign. A sign with changeable copy or reader board area and exclusive and electronic message board area are permitted as on-premises ground signs, provided that the changeable copy or electronic message board area does not exceed 50 percent of the total area of the sign, up to a maximum of four square feet. Electronic message board area is included in the calculation of the total sign area unless the board displays only time and temperature information, in which case, the message area is allowed in addition to the maximum area of the sign. Messages on a changeable copy or electronic message board area may only change every 30 or more seconds. e. Drive-through menu signs. Drive-through menu signs shall be limited to a maximum size of 32 square feet. f. Additional ground signs. Businesses or developments with multiple property frontages shall be allowed to erect one ground sign per frontage, provided that each frontage is at least 100 feet in width at the street right-of-way. The additional, or secondary, ground sign is only allowable if the maximumPROOFS sign area is one-half the square footage of the primary sign. g. V-shaped signs. Signs may be placed in a "V" formation. Reference section 42-5(5) 30-385(4) for area computations for V-shaped signs. h. Sign location. Such signs shall not be placed in the public right-of-way, town maintained easement or any required site distance triangle. i. Illumination. Internally and externally illuminated ground signs are allowable only if the sign is illuminated in a manner as to prevent glare that impairs a driver's vision on roads and in a manner that prevents nuisance to the adjoining property or tenants. (6) Combined development ground signs. The sign area, location, characteristics and number of combined development ground signs shall be determined in accordance with the tables in section 42-14. 30-394and as outlined in the following additional regulations: a. Applicable requirements from subsection 30-391(5) of this section, ground signs. The same ground sign regulations for base landscape requirements, distance requirements from existing ground signs, changeable sign, V-shaped signs, sign location and illumination all apply to combined development signs. b. Combined development name. A combined development ground sign must display the development's publicly recognizable name. It is not required to display the development's tenants on the sign, but it is allowable. For the purpose of this section, a tenant is defined as any use/entity that is part of a combined development as defined in section 42-1. 30-381. c. Tenants on combined development signs. All tenants within a combined development that are represented on the combined development signs shall share the permitted ground mounted signs in accordance with tables in section 42-14. 30-394. d. Tenants not included on a combined development sign. Any tenant that is part of the combined development but not represented on the combined development sign shall be allowed a ground sign in accordance with the tables in section 42-14. 30-394and the requirements in subsection 30-391(5) of this section. The code enforcement officer shall also review these signs on the signage plan in accordance with section 42-4 30-384 and may require additional information on a case-by-case basis. e. Additional combined development ground signs. Additional signs shall be allowed as follows: 1. Properties with multiple property frontages. (i) Combined developments are required to declare their main, or primary, property frontage on the signage plan. A combined development sign constructed on the primary frontage is permissible up to the maximum height allowable by the tables in section 42- 14. 30-394 (ii) Additional signs are allowed along the other secondary property frontages. Each additional combined development sign area is permissible up to one-half the square feet allowed on the primary frontage sign and in compliance with the tables in section 42- 14. 30-394 2. Properties with at least 500 linear feet of property frontage. A combined development with at least 500 linear feet of property frontage along a single street is allowed two combined development ground signs along that frontage. The following provisions apply: These signs shall be placed 50 or more feet apart. 3. Properties with at least 1,000 linear feet of property frontage. A combined development with at least 1,000 linear feet of property frontage along a single street is allowed up to four combined development signs along that frontage. The following provisions apply: (i) The signs are located on that frontage within 100 feet of a full-service vehicular entrance/exit to the project; (ii) The signs shall be placed 50 or more feet apart and any sign at a vehicular entrance/exit PROOFSshall not be closer than 200 feet to a combined development sign at a different entrance/exit; (iii) The code enforcement officer may provide additional requirements on a case by case basis. (7) Directional signs installed in the public right-of-way or town maintained easement. A directional sign located in the right-of-way of a town maintained roadway or town maintained easement is the only directional sign requiring a permit. These types of directional signs shall follow all provisions as required by section 42-1099), 30-390(9), directional signs except as follows: Signs may be placed in the right-of- way of a town maintained roadway when the following provisions are met: a. The sign owner shall enter into an encroachment agreement outlining the specific provisions for the construction, maintenance, and removal of the sign; b. All maintenance of the sign is the responsibility of the sign owner; c. Any request by the town to remove such sign within the stated time period is the responsibility of the sign owner; d. Should the sign not be removed at such request by the town, all costs incurred by the town shall be billed to the sign owner; e. Should removal by the town be required, any damages to the sign and reinstallation of the sign are the responsibility of the sign owner; and f. All legal costs incurred by the town for review and update of any legally binding agreement regarding a sign placed in the right-of-way or town maintained easement shall be the responsibility of the sign owner and paid in full within 30 business days from the issuance of a zoning compliance permit for such sign. (Code 2003, § 30-391; Ord. No. 11-13, § 1(exh. A), 12-5-2011; Ord. No. 12-03, § 3, 4-19-2012; Ord. No. 12-13, § 3, 11-15- 2012; Ord. No. 15-18, §§ 1, 2, 10-15-2015) Sec. 42-12. Off-premises outdoor advertising (billboard) signs. (a) New outdoor advertising structures are prohibited. (Reference subsection 42-9(19)). 30-389(19)). (b) Existing outdoor advertising structures. Existing outdoor advertising structures shall be considered a legal non-conforming use and shall be allowed to remain, but shall not be altered in any way other than the sign copy. Digital or LED outdoor advertising structures are not allowed in part or in total on an existing outdoor advertising structure. (Code 2003, § 30-392; Ord. No. 11-13, § 1(exh. A), 12-5-2011) Sec. 42-13. Temporary signs requiring a permit. (a) Special sales, special events and promotions. Businesses advertising special sales, special events and promotions may display one temporary sign per building frontage, in addition to the other permitted signs, provided that such sign is not illuminated. (1) Temporary sign permits for banner signs may be granted up to eight times per calendar year for 30 days, with a 15-day separation period between permits. The maximum size of such sign is 18 square feet. Banner signs shall be mounted flush against the building facade. (2) All temporary signs must be located in compliance with this chapter and with local, state and federal codes. (b) Itinerant merchants. Itinerant merchants may erect one temporary (banner) sign per establishment for the period of operation, provided, such sign is not located within a street right-of-way or required sight distance triangle and is not illuminated. The maximum size of such sign is 18 square feet. (c) Temporary directional off-premises real estate signs. Residential subdivisions and planned unit developments greater than ten lots in size shall be permitted to erect up to three temporary directional off-premises real estate signs directing the public to the subdivision or planned unit development where property is for sale, rent or lease. Each sign mustPROOFS meet the following criteria: (1) Sign area and copy. a. The maximum sign area is 6 1/4 square feet. Each side of the sign shall be 30 inches in length. b. The maximum number of sign faces is one per side of the sign, not to exceed two sign faces. c. The sign shall include no more than one line of text and a directional arrow. The logo of the subdivision or planned unit development are allowed in addition to the text. (2) Sign height. The maximum sign height is five feet. [GRAPHIC] (3) Sign location. a. The sign shall not be located within a public or private right-of-way. b. The sign shall not be located within a sight distance triangle or impede the vision of motorists in any manner. c. The sign shall not be located on any property zoned CD. d. If a sign is located on a property not owned by the developer of the subdivision or planned unit development, written permission must be obtained from the property owner to locate the sign on the property. Proof of written agreement must be furnished to the town at the time of application. If permission is revoked at any time by the property owner, the permit is considered null and void and the sign must be removed immediately. Such agreement shall include an express grant of permission for the town to enter the property for the purpose of inspecting or removing the sign. e. The sign shall be located within one-half mile or 2,640 feet of the subdivision or planned unit development. f. No temporary directional off-premises real estate sign shall be placed within 500 feet of an existing temporary off-premises real estate sign or within 50 feet of an existing permanent ground sign. (4) Sign construction and maintenance. a. The sign shall be constructed of treated lumber or other materials not prone to rot or decay. b. The sign shall be supported by a single post with a maximum dimension of four inches × four inches. The post shall be constructed of wood or vinyl and shall be painted with white high-quality exterior grade paint. The post shall be trimmed out at the top and capped with a decorative post cap. c. The sign shall be maintained in substantially similar condition as to when it was originally permitted and erected. Maintenance shall include periodic painting, replacement of defective or missing parts, cleaning, and replacement of any sign face that exhibits damage or deterioration. (5) Illumination. The sign shall not be internally or externally illuminated. (6) Sign removal. All signs shall be removed within seven days after 75 percent of lots within the subdivision or planned unit development have been sold, rented or leased by the developer of the subdivision or planned unit development. (7) Permit application. The applicant must apply for a permit from the town for each sign. Once issued, the permit is good for a period not to exceed six months. Upon expiration, the permit may be renewed, provided the applicant reapplies within ten days after expiration and provides staff with a summary of lots sold, rented or leased. If the owner fails to remove the sign or reapply within ten days of expiration, the town is authorized to remove the sign or require the owner's removal of the sign. (Code 2003, § 30-393; Ord. No. 11-13, § 1(exh. A), 12-5-2011) Sec. 42-14. Tables. The following standards shall be applicable to signs: PROOFS
TABLE 1. C-1 and O&I
Sign Type Number Allowed Maximum Sign Area Maximum Height
Ground signs*
Individual businesses 1** 32 square feet 6 feet
Combined 1 per property frontage, 32 square feet, plus 8 square feet per 8 feet developments per section 42-11 30- additional tenant, up to 64 square 391** feet
Subdivision entrance 2 per entrance 32 square feet 6 feet signs
Wall signs
Individual businesses 1 per building frontage 1 square foot per linear foot of the Not to and combined and 1 per side and rear building wall sign is attached to up to exceed above developments parking lot per section 55 square feet of maximum sign area the vertical 42-11 30-391 wall
Canopy/awning signs
Individual businesses 1 12 square feet N/A and combined developments
Projecting/suspended 1 15 square feet N/A signs***
All signs shall be located outside of the street right-of-way and sight distance triangle unless otherwise noted in these tables or in this chapter. *Ground signs may be monument or bracket signs only. **Multiple property frontages: Maximum secondary ground sign area is one-half the square footage allowed for the primary sign. ***See section 42-11(3)g. through 4. 30-391(3)g., illustrations 1—4. TABLE 2. C-2 and C-3 PROOFS Sign Type Number Allowed Maximum Sign Area Maximum Height
Ground signs*
Individual 1** 48 square feet 8 feet businesses Combined 1 per property 32 square feet, plus 10 square feet per 15 feet developments frontage, per additional tenant, up to a 100 square section 42-11 30- foot maximum 391
Subdivision entrance 2 per entrance 32 square feet 6 feet signs
Wall Signs
Individual businesses 1 per building 1 square foot per linear foot of the Not to and combined frontage and 1 per building wall sign is attached to up to exceed developments side and rear 110 square feet of maximum sign area above the parking lot per vertical wall section 42-11 30- 391
Canopy/Awning Signs
Individual 1 12 square feet N/A businesses and combined developments
Projecting/Suspended 1 15 square feet N/A Signs***
Off-premises/outdoor 1 378 square feet on major thoroughfare 35 feet advertising (billboard) signs
All signs shall be located outside of the street right-of-way and sight distance triangle unless otherwise noted in these tables or in this chapter. *Ground signs may be monument or bracket signs only. **Multiple property frontages: Maximum secondary ground sign area is one-half the square footage allowed for the primary sign. ***See section 42-11(3)g. through 4. 30-391(3)g., illustrations 1—4. TABLE 3. M-F, R-6, R-15, R-20, RMH PROOFS Sign Type Number Maximum Sign Maximum Height Allowed Area
Ground Signs* Apartments, condominiums, residential 2 per entrance 128 square feet 8 feet, exclusive of subdivisions and manufactured home parks ornamental support structures
Home occupations Not permitted N/A N/A
Group care facilities, roominghouses and 1 per premises 16 square feet 4 feet boardinghouses, bed and breakfast inns and similar uses
Churches, schools, community centers, public 1 per premises 32 square feet 6 feet buildings and similar uses
Other uses 1 per premises 16 square feet 4 feet
Wall Signs
Apartments, condominiums, residential Not permitted N/A N/A subdivisions and manufactured home parks
Home occupations 1 per premises 2 square feet N/A
Group care facilities, roominghouses or 1 per premises 4 square feet N/A boardinghouses, bed and breakfast inns and similar uses
Churches, schools, community centers, public 1 per premises 32 square fee N/A buildings and similar uses
Other uses 1 per premises 16 square feet N/A
Projecting/Suspended signs Not permitted N/A N/A
All signs shall be located outside of the street right-of-way and sight distance triangle unless otherwise noted in these tables or in this chapter. *Ground signs may be monument or bracket signs only. TABLE 4. PUD
SignPROOFS Type Number Maximum Sign Maximum Height Allowed Area
Ground Signs*
Apartments, condominiums, residential 2 per entrance 128 square feet 8 feet, exclusive subdivisions and manufactured home parks of ornamental support structures Combined development 1 per property 32 square feet, 8 feet frontage, per plus 8 square feet section 42-11 per additional 30-391** tenant, up to 64 square feet
Home occupations Not permitted N/A N/A
Group care facilities, roominghouses and 1 per premises 16 square feet 4 feet boardinghouses, bed and breakfast inns and similar uses
Churches, schools, community centers, public 1 per premises 32 square feet 6 feet buildings and similar uses
Other uses 1 per premises 16 square feet 4 feet
Wall Signs
Apartments, condominiums, residential Not permitted N/A N/A subdivisions and manufactured home parks
Home occupations 1 per premises 2 square feet N/A
Group care facilities, roominghouses or 1 per premises 4 square feet N/A boardinghouses, bed and breakfast inns and similar uses
Churches, schools, community centers, public 1 per premises 32 square feet N/A buildings and similar uses
Commercial uses 1 per building 1 square foot per Not to exceed frontage per linear foot of the above the vertical section 42-11 building wall sign wall 30-391 is attached to up to 55 square feet of maximum sign area
Other uses 1 per premises 16 square feet N/A
Projecting/SuspendedPROOFS Signs
Apartments, condominiums, residential Not permitted N/A N/A subdivisions and manufactured home parks
Home occupations Not permitted N/A N/A Group care facilities, roominghouses or 1 per premises 15 square feet N/A boardinghouses, bed and breakfast inns and similar uses***
Churches, schools, community centers, public 1 per premises 15 square feet N/A buildings and similar uses***
Other uses*** 1 per premises 15 square feet N/A
All signs shall be located outside of the street right-of-way and sight distance triangle unless otherwise noted in these tables or in this chapter. *Ground signs may be monument or bracket signs only. **Multiple property frontages: Maximum secondary ground sign area is one-half the square footage allowed for the primary sign. ***See section 42-11(3)g. through 4. 30-391(3)g., illustrations 1—4. TABLE 5. Standards for Sign Characteristics
Residential PUDs O&I C-1 C-2 C-3
Animated — — — — — —
Changeable copy — P — P P P
Illumination, internal — P P P P P
Illumination, indirect external — P P P P P
Illumination, exposed bulbs — P* P* P* P* P*
P—Permitted P*—Reference section 42-11(3)h. 30-391(3)h. for allowable exposed bulbs. TABLE 6. US Hwy 17 Overlay District
Sign Type Number Maximum Sign Area Maximum Sign Location PROOFSAllowed Height Ground Signs*
Individual businesses 1** 32 square feet 8 feet Outside of street right-of-way and sight triangle Combined developments 1 per 210 square feet to include the 28 feet Outside of street frontage, per development's publicly right-of-way and section 42- recognizable name and those of sight triangle 11 30-392 the tenants
Subdivision entrance signs 2 per 130 square feet 12 feet Per section 42- entrance 11(5) 30-391(5), Ground sign locations
Wall Signs
Individual businesses and No 1 square feet per 75% of the Not to N/A combined developments Maximum total building perimeter, no more exceed than 10% of any one wall above the vertical wall
Canopy/Awning Signs
Individual businesses and 1 12 square feet N/A N/A combined developments
Projecting/Suspended signs 1 15 square feet N/A Outside of street right-of-way and sight triangle***
*Ground signs may be monument style only. Pole and pylon styles are prohibited. **Second ground sign maximum sign area is one-half the square footage allowed for the first sign on double frontage lots. Maximum height of second sign includes a maximum base of two feet. ***See section 42-11(3)g. through 4. 30-391(3)g., illustrations 1—4. ****See section 42-11(1)i. 30-391(1)a.(9). (Code 2003, § 30-394; Ord. No. 11-13, § 1(exh. A), 12-5-2011; Ord. No. 12-03, § 2, 4-19-2012; Ord. No. 12-13, § 2, 11-15- 2012) Sec. 42-15. Amortization of non-conforming signs.57 (a) Except as otherwise specified in this section, any non-conforming sign shall be removed or rendered in compliance with this chapter within five years of the date of this section. (b) The provisions of this section shall not apply to outdoor advertising structure or billboard signs as defined by section 42-1. 30-381.PROOFS (c) The town manager shall endeavor to notify the owner of any sign deemed to be subject to the provisions of this section within one year of the effective date of the ordinance from which this section is derived. The failure
57 Legal Analysis: Code 2003, § 30-395. Amortization of non-conforming signs. Delete (d) as obsolete? Editor’s note indicates effective through September 12, 2012. Revised per 10/26/17 conference. to give notice as provided in this subsection shall not affect any amortization period and shall not be a defense to any action to enforce this section. (d) (1) (Option 1). The sign face of a legal non-conforming sign may be changed to reflect a modification in a new company only if the following criteria are met: (1) The sign may not be reconstructed or relocated; (2) There shall be no increase in the size or height of the sign; and (3) Businesses within a combined development are required to meet the definition and requirements as listed in section 42-1 30-381 for "combined development." __ (Option 2). Except as provided in subsection 30-387(3), new tenants, uses, or entities shall bring signs into compliance with this article. Replacement of the sign face of a legal non-conforming sign reflecting a new business name at such location shall not be permitted. (e) Minor repairs and maintenance of non-conforming signs such as repainting, electrical repairs and neon tubing repairs shall be permitted. (f) Non-conforming signs which are structurally altered, relocated or replaced shall comply in all respects with the provisions of this chapter. (g) New signs related to legally established non-conforming uses may be erected provided they comply with the sign requirements of the district in which the use is located. (Code 2003, § 30-395; Ord. No. 13-01, § 1, 4-18-2013) *Editor's note— This subsection (2) is effective through September 12, 2012. *Editor's note— This subsection (2) is effective after September 12, 2012. *Editor's note— Subsection (3) of this section expires September 16, 2012.
PROOFS
Chapters 43--45 RESERVED
PROOFS
Chapter 46 STREETS, SIDEWALKS AND OTHER PUBLIC PLACES* *Editor's note— Ord. No. 09-30, § 1(Exh. A), adopted Dec. 17, 2009, repealed ch. 20 in its entirety and enacted a new ch. 20 as set out herein. The former ch. 20 pertained to similar subject matter and derived from Ord. No. 93-3, §§ 14-31—14-35, 14- 52—14-55, adopted Feb. 20, 1993. *State law reference—Responsibility for streets inside municipalities, G.S. 136-66.1 et seq.
ARTICLE I. IN GENERAL Secs. 46-1--46-18. Reserved.
ARTICLE II. BLOCK PARTIES, GROUP DEMONSTRATIONS, PARADE AND PICKET LINES DIVISION 1. GENERALLY* *Editor's note— Ord. No. 16-12 , § 1, adopted December 15, 2016, amended division 1 in its entirety to read as herein set out. Formerly, division 1, §§ 20-31—20-38 pertained to similar subject matter, and derived from Ord. No. 09-30, § 1(Exh. A), adopted December 17, 2009, and Ord. No. 10-05, § 1, adopted January 21, 2010. *State law reference—Picketing or parading, G.S. 14-225.1. Sec. 46-19. Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Block means that portion of any street lying between its intersections with other streets. Block party means a party for all the residents of a block or neighborhood, typically held on a closed-off town street. Group demonstration means any assembly together, or concert of action between or among two or more persons, for the purpose of protesting any matter or of making known any position or promotion of such persons, or on behalf of any organization or class of persons, or for the purpose of attracting attention to such assembly or matter. Parade means any assembling of two or more persons participating in or operating any vehicle in any march, ceremony, show, exhibition or procession of any kind for the purpose of public display or celebration in or upon the public streets, sidewalks, alleys, parks, or other public grounds or places. Picket or picketing means to make a public display or demonstration of sentiment for or against a person or cause, including protesting which may include the distribution of leaflets or handbills, the display of signs and any oral communication or speech, which may involve an effort to persuade or influence, including all expressive and symbolic conduct, whether active or passive. (Code 2003, § 20-31; Ord. No. 16-12 , § 1, 12-15-2016) Sec. 46-20. Exceptions.PROOFS This article shall not apply to the following: (1) Funeral processions; or (2) Any government agency acting within the scope of its functions. (Code 2003, § 20-32; Ord. No. 16-12 , § 1, 12-15-2016) Sec. 46-21. Standards of conduct for parades. The following standards shall apply to all parades conducted in the town: (1) No more than one parade may be conducted within the town at any one time; (2) The prohibitions contained in G.S. 14-277.2 against possession of dangerous weapons shall be strictly enforced; (3) No person shall cause or permit a vicious animal to participate in, or proceed along the route of, a parade; and (4) No participant in a parade or procession shall throw, cast or drop candy, trinkets or any other articles to the people along the parade route. Participants may walk along the side edges of the parade route and hand out these items as long as such activity does not cause parade onlookers to enter the street. (Code 2003, § 20-33; Ord. No. 16-12 , § 1, 12-15-2016) Sec. 46-22. Standards of conduct for group demonstrations. The following standards shall apply to all demonstrations conducted in the town: (1) No more than one demonstration may be conducted within the town at any one time; (2) The prohibitions contained in G.S. 14-277.2 against possession of dangerous weapons shall be strictly enforced; and (3) No person shall cause or permit a vicious animal to participate in the demonstration. (Code 2003, § 20-34; Ord. No. 16-12 , § 1, 12-15-2016) Sec. 46-23. Picketing. Pickets and picketing shall be subject to the following regulations: (1) Notification required. The organizer of a picket that the organizer knows, or should reasonably know, will be by a group of ten or more individuals shall give notice of intent to picket to the chief of police or designee at least 48 hours before the beginning of the picket. The notice of intent to picket shall include the following information: a. The name, address and contact telephone number for the organizer of the picket; b. The name, address and contact telephone number of the person giving notice of intent to picket if different from the organizer; c. The name of the organization or group sponsoring the picket; d. The location where the picket is to take place; e. The date and time the picket will begin and end; and f. The anticipated number of participants, and the basis on which this estimate is made. (2) Upon notice of intent to picket given in accordance with subsection (1) of this section, the chief of police or designee shall immediately issue a receipt of notice. The receipt shall contain all information stated in the notice. The organizer of a picket shall be responsible for maintaining the receipt, and shall present it when so requested by a law enforcement officer or other town official. (3) Picketing mayPROOFS be conducted on public sidewalks or other town-owned areas normally used or reserved for pedestrian movement and shall not be conducted on the portion of the public roadway used primarily for vehicular traffic. (4) Notwithstanding subsection (3) of this section, picketing may not be conducted: a. On a median strip; or b. At a location directed, focused, or targeted at a particular private residence. (5) Picketing shall not disrupt, block, obstruct or interfere with pedestrian or vehicular traffic or the free passage of pedestrian or vehicular traffic into any driveway, pedestrian entrance, or other access to buildings, which abut the public sidewalks or roadways. (6) If more than one group of picketers desire to picket at the same time at or near the same location, law enforcement officers may, without regard to the purpose or content of the message, assign each group a place to picket in order to preserve the public peace. Members of a group shall not enter an area assigned to another group. Priority of location shall be based upon which group of picketers arrived first. (7) Spectators of pickets shall not physically interfere with individuals engaged in picketing. Picketers and spectators of pickets shall not speak fighting words or threats that would tend to provoke a reasonable person to a breach of the peace. (8) Picketers and picketing shall be subject to all applicable local, state and federal laws. (9) Nothing in this section prohibits a law enforcement officer from issuing a command to disperse in accordance with G.S. 14-288.5 in the event of a riot or disorderly conduct by an assemblage of three or more persons. (10) Picketers may carry written or printed placards, signs, sandwich boards, or flags not exceeding two feet in width and two feet in length promoting the objective for which the picketing is done, provided the contents thereon is not obscene by prevailing community standards or does not incite violence. (11) Other items that picketers may carry, such as puppets, etc., can be no larger than two feet in width and two feet in length. (12) It shall be unlawful for any person to violate any provision of this section. (Code 2003, § 20-35; Ord. No. 16-12 , § 1, 12-15-2016) Sec. 46-24. Block parties. Block parties are permitted within the town at a defined area of a residential street regulated by the town upon timely application to the police chief. Such block parties shall be held in conformity with regulations established by the town council. (Code 2003, § 20-36; Ord. No. 16-12 , § 1, 12-15-2016) Sec. 46-25. Interference. No person shall hamper, obstruct, impede or interfere with any parade, block party, picket line or group demonstration being conducted under authority of a permit issued by the police chief. (Code 2003, § 20-37; Ord. No. 16-12 , § 1, 12-15-2016) Secs. 46-26--46-53. Reserved. DIVISION 2. PERMIT Sec. 46-54. Required. It shall be unlawful for any person to organize, conduct or participate in any parade, block party, or group demonstration in or upon any street, sidewalk, alley or other public place within the town unless a permit has been issued by the town in accordance with the provisions of this division. (Code 2003, § 20-61; Ord. No. 09-30, § 1(exh. A), 12-17-2009; Ord. No. 16-12 , § 1, 12-15-2016) Sec. 46-55. Requirements;PROOFS issuance. The police chief or designee shall issue permits as required in section 46-54; 20-61; and in the issuance of a permit, the police chief shall: (1) Require a written application for a permit to be filed not less than 90 days in advance of a parade, seven days in advance of a group demonstration, and 72 hours in advance of a block party, which application shall specify the time, duration, and place for the commencement of any such block party, and the time, place, route and duration of any such parade or group demonstration; (2) Require that the application for a permit specify whether or not persons below the age of 18 years will be permitted to participate; (3) Require that the application for a permit shall specify and designate the person in charge of the activity. Such person shall be required to accompany the parade, block party, or group demonstration and shall carry such permit with him at that time. Such permit shall not be valid in the possession of any other person; and (4) Require that no alcohol consumption be allowed in the public right-of-way associated with the events. (Code 2003, § 20-62; Ord. No. 09-30, § 1(exh. A), 12-17-2009; Ord. No. 16-12 , § 1, 12-15-2016) Sec. 46-56. Reasons for denial.58 The police chief shall issue a permit for the following: (1) Block parties, unless the police chief finds that: a. The portion of road for the block party is on a primary collector street as identified on the official collector street map of the town; b. More than 25 percent of residents behind the blocked portion of the roadway object to the road closure as determined by the police chief by directly visiting and polling the businesses along the route; c. The time and place of the block party is inappropriate for the security of the community; d. Such block party is to be held at the same time and place as one designated in a permit issued pursuant to a written application previously received by the police chief or designee; (2) Group demonstrations, unless the police chief finds that: a. The time and place are inappropriate to the peace and security of the community; b. Such group demonstration is to be held at the same time and place as one designated in a permit issued pursuant to a written application previously received by the police chief or designee; c. The group demonstration is to be held for the primary purposes of advertising a product, goods or an event, and is designed to be held primarily for private profit; d. The conduct of the group demonstration is reasonably likely to result in violence to persons or property causing serious harm to the public; or e. The conduct of the group demonstration will require the diversion of so great a number of police officers of the town to properly police the group demonstration and of contiguous areas so that adequate police protection cannot be provided to the remainder of the town; (3) Parades, unless the police chief finds that: a. The time and place are inappropriate to the peace and security of the community; b. Such parade is to be held at the same time and place as one designated in a permit issued pursuant to a written application previously received by the police chief or designee; c. The parade route will disrupt the access to businesses along the route such that 25 percent or more of the businesses affected express their objection to the road closure for the time period of the parade; d. The conduct of the parade will substantially interrupt the safe and orderly movement of other traffic contiguousPROOFS to its route; e. The conduct of the parade will require the diversion of so great a number of police officers of the town to properly police the line of movement of the parade and of contiguous areas so that adequate police protection cannot be provided to the remainder of the town;
58 Legal Analysis: Code 2003, § 20-63. Reasons for denial. Deleted content based denial. Revised per direction at 6/5/17 conference. f. The conduct of the parade will require the diversion of so great a number of ambulances, or other fire/rescue vehicles so that adequate ambulance or fire/rescue service to portions of the town not occupied by the parade and contiguous areas will be prevented; g. The concentration of persons, animals and vehicles at assembly points of the parade will substantially interfere with adequate fire and police protection of or ambulance service to areas contiguous to such assembly areas; h. The conduct of the parade is reasonably likely to result in violence to persons or property causing serious harm to the public; or i. The parade is to be held for the primary purposes of advertising a product, goods or an event, and is designed to be held primarily for private profit. (Code 2003, § 20-63; Ord. No. 09-30, § 1(exh. A), 12-17-2009; Ord. No. 16-12 , § 1, 12-15-2016; altered in 2018 recodification) Sec. 46-57. Revocation. The police chief shall revoke any permit granted for a parade, block party, or group demonstration, and cause it to stop and disband, for either of the following reasons: (1) The violation by any participant of section 46-21; 20-33; or (2) The failure to comply with the terms and conditions of the permit. (Code 2003, § 20-64; Ord. No. 09-30, § 1(exh. A), 12-17-2009; Ord. No. 16-12 , § 1, 12-15-2016) Sec. 46-58. Appeal. Any person who desires to appeal a permit under this division denied or revoked must file a written appeal with the town manager within ten days of receipt of the denial or revocation. The town manager shall schedule a hearing no later than 30 days before the commencement time of a parade, 72 hours before the commencement time of a group demonstration, and 48 hours before the commencement time of a block party. (Code 2003, § 20-65; Ord. No. 09-30, § 1(exh. A), 12-17-2009; Ord. No. 16-12 , § 1, 12-15-2016) Sec. 46-59. Permit fees. The town council shall from time to time adopt a fee schedule for parades, group demonstrations, and block parties. (Code 2003, § 20-66; Ord. No. 09-30, § 1(exh. A), 12-17-2009; Ord. No. 16-12 , § 1, 12-15-2016)
PROOFS
Chapters 47--49 RESERVED
PROOFS
Chapter 50 SUBDIVISIONS* *Editor's note— Ord. No. 03-20, § 1, adopted Nov. 20, 2003, stated: "The subdivision ordinances as set forth in Chapter 22 of the newly codified ordinances of the Town of Leland, North Carolina adopted on August 21, 2003 by the town council are hereby adopted as the subdivision ordinance for the Town of Leland." *State law reference—Planning and regulation of development, G.S. 160A-360 et seq.
ARTICLE I. IN GENERAL Secs. 50-1--50-18. Reserved.
ARTICLE II. MINOR DEVELOPMENTS* *State law reference—Authority in areas of environmental concern, G.S. 113A-113 et seq. Sec. 50-19. Purposes. The purposes of this article are as follows: (1) To develop procedures for discharging the responsibilities of the local permit-letting agencies as authorized by the North Carolina Coastal Area Management Act by issuing minor development permits in areas of environmental concern (AECs) within the jurisdictional area of the town; (2) To ensure that minor development undertaken within AECs is in conformance with local land use plans and applicable state guidelines and regulations; and (3) To set forth the geographic extent of the jurisdiction of the local permit-letting program. (Code 2003, § 22-31; Ord. of 9-23-1993(2), § 1) Sec. 50-20. Permit requirements.59 (a) Permits required in AECs. After the date designated by the secretary of environment, health and natural resources, every person shall obtain a development permit prior to undertaking any development activity within any area of environmental concern. (b) Permit officer. For minor development within the jurisdictional area of the town, the permit shall be obtained from the Coastal Area Management Act officer of the town, who for the purposes of this article is designated the permit officer. (c) Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning: Minor development means any development which does not require permission, licensing, approval, certification or authorization in any form from the environmental management commission, the department of environment, health and natural resources, the department of administration, the state mining commission, the state pesticides board, the statePROOFS sedimentation controls board or any federal agency; which occupies a land area of 20 acres or less; which does not contemplate drilling for or excavating natural resources on land or under water; or which occupies on a single parcel a structure with a ground area of 60,000 square feet or less. (d) Posting requirements. The following materials shall be posted by the permit officer in the town:
59 Legal Analysis: Code 2003, § 22-32. Permit requirements. Revise definition of Minor development in (c) to include “which does not contemplate drilling for or excavating natural resources on land or under water” – per G.S. 113A-118 (d)? OK per 6/5/17 conference. (1) A precise description and map approximating all AECs within the jurisdictional area of the town. (2) A copy of the standards for development adopted by the coastal resources commission for each type of AEC found in the jurisdictions and the statutory grounds on which a permit may be denied or conditioned. (3) A copy of this article, together with locally adopted administrative policies for its enforcement. (4) The name, location and mailing address of the permit officer designated in subsection (b) of this section. (Code 2003, § 22-32; Ord. of 9-23-1993(2), § 2; altered in 2018 recodification) Sec. 50-21. Permit application. (a) Required materials. An application for a minor development permit shall consist of submitting the following to the permit officer and the secretary of environment, health and natural resources: (1) A completed application using a form approved and adopted by the coastal resources commission. The application may be made in duplicate to the permit officer, who will then forward a copy to the secretary of environment, health and natural resources. (2) An administrative fee in the amount of $50.00. (b) Time limits. Upon receipt of a complete application for a minor development permit, the permit officer shall have 25 calendar days to make final disposition of the application unless the applicant is given written notice by registered mail of one additional 25-day extension. Such extensions may be made only in circumstances where the magnitude or complexity of the proposed development requires additional time for proper evaluation of the application. (c) Incomplete and inappropriate applications. The permit officer shall return incomplete, insufficient or unauthorized applications to the applicant within 15 calendar days. Any applications received for any activity which constitutes major development shall be returned by the permit officer with instructions for submitting the application to the appropriate state agency. (d) Coordination with other local permits. The permit officer shall determine from the application what other permits are required for the development and shall inform the applicant of these other permit requirements. (e) Disposition of permit application. After consideration of the evidence submitted with the application, the permit officer shall grant, deny or give conditional approval to the minor development permit. The permit officer shall maintain a record of all evidence and all matters of relevant information to each minor development permit application. Such relevant information shall include, but is not limited to applications, correspondence, public notices, responses to public notices and a copy of the final disposition. Statutory grounds upon which a permit officer bases the denial, conditioned grant or return of applications shall be set out in writing. One copy shall be maintained by the permit officer, and one copy shall be given to the applicant either in person or by registered mail. (1) Grant. A minor development permit shall be granted only if consideration of the application results in none of the appropriate findings listed in G.S. 113A-120(a)(1)—(8). (2) Conditional approval. The approval of the minor development permit may be conditioned upon the acceptance by the applicant of certain reasonable conditions as set out by the permit officer to protect the public interest with respect to the appropriate findings listed in subsection (e)(1) of this section. The applicant must sign the conditioned grant of approval as an acceptance of the amendments of the proposed project plans in a manner consistent with the conditions set out by the permit officer before the permit shall becomePROOFS effective. (f) Passive approval. Failure of the permit officer to approve or deny a properly completed and filed application or to give notice of an extension beyond the initial 25-day disposition period shall result in a passive grant. A passive approval shall have the full force and effect of an unconditional approval. (g) Permit display. The property owner shall cause the properly granted minor development permit to be displayed in full view on the site of the development. This requirement shall apply to every permit no matter how it is granted. It is, therefore, necessary that the property owner acquire a permit received by passive approval for purposes of posting on the site before proceeding with the development. (Code 2003, § 22-33; Ord. of 9-23-1993(2), § 3) Sec. 50-22. Appeal procedures. (a) Appeal to coastal resources commission. Any person directly affected by the decision of the permit officer, including the secretary of the environment, health and natural resources, may, within 20 days after notice of the permit officer's disposition, request an appeal hearing by filing a petition with the officer of administrative hearings. The hearing shall be a quasi-judicial hearing conducted by an administrative law judge in accordance with the requirements of the Coastal Area Management Act (CAMA) and any other state laws applicable to such procedures. Final decision in the appeal will be made by the coastal resources commission (CRC) based on evidence presented in the hearing. (b) Appeal to superior court. Any person directly affected by any final decision or order of the coastal resources commission may appeal such decision or order to the superior court. (c) Appeal pending. No action for which a minor development permit is required shall be taken while appeal of the permit officer's disposition of that permit request is pending. (Code 2003, § 22-34; Ord. of 9-23-1993(2), § 4) Sec. 50-23. Injunctive relief and penalties. (a) Injunctive relief. Upon violation of the provisions adopted by the town pursuant to the Coastal Area Management Act (CAMA) relating to the issuance of minor development permits, the permit officer may, either before or after the institution of proceedings for the collection of any penalty imposed by the CAMA for such violation, institute a civil action in the general court of justice in the name of the town upon the relation of the permit officer for injunctive relief to restrain the violation and for such other or further relief in the premises as the court shall deem proper. Neither the institution of the action nor any of the proceedings shall relieve any party to such proceedings from any penalty prescribed by the CAMA for any violation. (b) Penalties. Any person adjudged guilty of knowingly and willfully undertaking any development requiring a minor development permit without acquiring such a permit, or of conduct exceeding the authority of a permit or of failure to observe the agreed modifications of a conditioned grant, or of violation of any other applicable regulations adopted by the town or the commission pursuant to the CAMA shall be guilty of a misdemeanor and for each violation shall be liable for a fine of not less than $100.00 nor more than $500.00 or shall be imprisoned for not more than 30 days, or both. In addition, if any person continues or further commits any of these violations after written notice from the permit officer, the court may determine that each day during which the violation continues or is repeated constitutes a separate violation subject to these penalties. (c) Notice. The permit officer shall notify the secretary of any civil action undertaken by or against such officer under the CAMA. (Code 2003, § 22-35; Ord. of 9-23-1993(2), § 5) Sec. 50-24. Amendment procedures. (a) Consistency. Amendments to this article shall be in accordance with the provisions of the Coastal Area Management Act and with appropriate rules, criteria and requirements of the coastal resources commission. (b) Hearing requirements. Prior to amendment of this article, a public hearing concerning the proposed amendment shall be held. Notice of the public hearing shall appear in a local newspaper of general circulation at least 15 days prior to the date of the hearing. The permit officer shall compile and maintain a complete record of the hearing and written comments. (c) Request to waivePROOFS formal amendment requirements. Whenever a proposed amendment is deemed sufficiently insignificant by the town, that body may petition the coastal resources commission for a waiver of formal hearing and notice requirements. (d) Coastal resources commission approval. Upon local acceptance of any amendment, the amendment shall be submitted to the coastal resources commission for approval. Upon coastal resources commission approval, such amendment shall be adopted by the town council as a part of the ordinances implementing this plan. (Code 2003, § 22-36; Ord. of 9-23-1993(2), § 6) Sec. 50-25. Designation of responsible local officer. (a) Appointed. The town appoints a permit officer, who is authorized to carry out the duties described in this article and required to implement this article. (b) Qualifications. The permit officer shall be required to successfully complete, within the first 12 months of employment, the required course of study consisting of no more than two weeks' duration that shall be developed by the department of environment, health and natural resources in cooperation with one or more of the state's institutions of higher learning. (c) General duties. In discharging his duties, the permit officer shall: (1) Administer and enforce in duly designated areas of environmental concern (AECs) the minor development permit process, all applicable local ordinances, and all other guidelines and standards established by the coastal resources commission (CRC) and the town pursuant to the Coastal Area Management Act (CAMA). (2) Be familiar with existing state and federal permits required in this jurisdiction so that he can aid potential developers in determining when a major development permit rather than minor development permit is required, and to aid the developers in applying to the CRC when a major development permit is required. (3) Assist in identifying and assessing projects of greater than local concern and bring them to the attention of the CRC. Such projects of regional, state or national concern are almost certain to require some other state permit and, therefore, require a major development permit from the CRC. Therefore, they will usually be brought to the attention of the CRC through the major development permit application. (4) Be responsible for implementing any procedures agreed on by the governing bodies of the jurisdictions to which this article applied for the purpose of coordinating the CAMA minor development permit with other locally required permits. Such locally required permits include, but are not limited to plumbing permits, electrical permits, building permits, septic tank permits, sand dune permits, and certifications of compliance with zoning and subdivision regulations. (d) Records. The permit officer shall prepare a quarterly summary of all permit applications and dispositions to be presented to the governing body of each of the jurisdictions to which this plan applies, to the CRC and to the secretary of the department of environment, health and natural resources. He shall keep correct and comprehensive records of all transactions related to minor development permit requests (applications, grants, denials, other dispositions) and shall maintain such records so long as any part of the structure or entity to which it relates remains in existence; or, in the case of denials or other instances, for a period of ten years. (Code 2003, § 22-37; Ord. of 9-23-1993(3), § 1) Sec. 50-26. Procedures for responding to complaint that this plan is not properly enforced and administered. (a) Citizen complaints. Upon receiving complaints from local citizens that the implementation and enforcement plan is not being properly administered and enforced, the town council will investigate the situation and respond to the alleged deficiencies. If the person making the complaint is not satisfied, he will be advised that he may take his complaint either in writing or in person to the coastal resources commission (CRC). (b) Response to the CRC. Upon notification from the CRC concerning deficiencies in administration and enforcement of the plan, the town council will investigate the alleged problem and prepare a response for the CRC. If the allegation of deficiencies is found to be valid, the town council will, within 30 days of the original notifications from the CRC, inform the CRC of its willingness and ability to correct the deficiency and prevent similar problems in the future. If the townPROOFS council finds the CRC's allegation of deficiencies invalid, it will so inform the CRC. If the CRC disagrees with that finding, the town council may request a hearing before the CRC or in some other manner attempt to reach a mutually acceptable agreement with the CRC within a 90-day period. After receipt of the CRC's original notification of the 90-day period, the authority to issue permits for minor development pursuant to this plan shall be automatically relinquished until such a time as the CRC is convinced that the program will be properly enforced. (Code 2003, § 22-38; Ord. of 9-23-1993(3), § 2) Secs. 50-27--50-55. Reserved.
ARTICLE III. STANDARDS* *State law reference—Authority to regulate subdivisions, G.S. 160A-371 et seq. DIVISION 1. GENERALLY *Editor's note— Ord. No. 04-19, § 1(exh. A), adopted May 20, 2004, effective May 20, 2004, amended division 1 in its entirety to read as herein set out. Former division 1, §§ 22-71—22-88, pertained to similar subject matter, and derived from Ord. of 9-21-1995, §§ 101—109, 201—204, 206, 207, 211, 501, 502. Sec. 50-56. Title. This article shall be known and may be cited as the subdivision regulations of the town, and may be referred to as the subdivision regulations. (Code 2003, § 22-71; Ord. 04-19, § 1(exh. A), 5-20-2004) Sec. 50-57. Purpose. The purpose of this article is to establish procedures and standards for the development and subdivision of land within the territorial jurisdiction of the town. It is further designed to provide for the orderly growth and development of the town; for the coordination of streets and highways and with other public facilities; for the dedication or reservation of recreation areas serving residents of the immediate neighborhood within the subdivision and of rights-of-way or easements for street and utility purposes; and for the distribution of population and traffic in a manner that will avoid congestion and overcrowding and will create conditions essential to public health, safety, and the general welfare. This article is designed to further facilitate adequate provision of water, sewerage, parks, schools, and playgrounds, and also to facilitate the further re-subdivision of larger tracts into smaller parcels of land. (Code 2003, § 22-72; Ord. 04-19, § 1(exh. A), 5-20-2004) Sec. 22-73. Authority.60 This article is hereby adopted under the authority and provisions of G.S. 160A-371 et seq. (Code 2003, § 22-73; Ord. 04-19, § 1(exh. A), 5-20-2004) Sec. 50-58. Jurisdiction. The regulations contained herein, as provided in G.S. ch. 160A, art. 19 shall govern each and every subdivision within the town. (Code 2003, § 22-74; Ord. 04-19, § 1(exh. A), 5-20-2004) Sec. 50-59. Prerequisite to plat recordation. The subdivision administrator shall approve each individual subdivision plat of land within the town's jurisdiction in accordance with G.S. 160A-361 360, as amended. (Code 2003, § 22-75; Ord. 04-19, § 1(exh. A), 5-20-2004) Sec. 50-60. Thoroughfare plans. Where a proposed subdivision includes any part of a thoroughfare which has been designated as such upon the officially adopted thoroughfarePROOFS plan of the town, the county board of commissioners or the North Carolina state department of transportation, such part of the thoroughfare plan shall be platted by the subdivider in the location shown on the plan and at the width specified in this article by the town and/or the state department of transportation, as applicable. (Code 2003, § 22-76; Ord. 04-19, § 1(exh. A), 5-20-2004)
60 Legal Analysis: Code 2003, § 22-73. Authority. Deleted as not needed. Sec. 50-61. School sites on land use plan. If the town council and board of education have jointly determined the specific location and size of any school sites to be reserved and this information appears in the comprehensive land use plan, the planning board shall immediately notify the board of education whenever a sketch plan for a subdivision is submitted which includes all or part of a school site to be reserved. The board of education shall promptly decide whether it still wishes the site to be reserved. If the board of education does not wish to reserve the site, it shall so notify the planning board. If the board of education has not purchased or begun proceedings to condemn the site within 18 months, the subdivider may treat the land as freed of the reservation. (Code 2003, § 22-77; Ord. 04-19, § 1(exh. A), 5-20-2004) Sec. 50-62. Zoning and other plans. Similarly, proposed subdivisions must comply in all respects with the requirements of the zoning ordinance in effect in the area to be subdivided, and any other officially adopted plans. (Code 2003, § 22-78; Ord. 04-19, § 1(exh. A), 5-20-2004) Sec. 50-63. General procedure for plat approval. (a) No subdivision plat of land within the town's jurisdiction shall be filed or recorded until it has been submitted to and approved by the subdivision administrator as set forth in section 50-59, 22-75, and until this approval is entered in writing on the face of the plat by the subdivision administrator. (b) The county register of deeds shall not file or record a plat of a subdivision of land located within the territorial jurisdiction of the town that has not been approved in accordance with these provisions, nor shall the clerk of superior court order or direct the recording of a plat if the recording would be in conflict with this section. (Code 2003, § 22-79; Ord. 04-19, § 1(exh. A), 5-20-2004) Sec. 50-64. Statement by owner. The owner of land shown on a subdivision plat submitted for recording, or his authorized agent, shall sign a statement on the plat stating whether or not any land shown thereon is within the subdivision regulation jurisdiction of town. (Code 2003, § 22-80; Ord. 04-19, § 1(exh. A), 5-20-2004) Sec. 50-65. Effect of plat approval on dedications. (a) Pursuant to G.S. 160A-374, the approval of a plat does not constitute or effect the acceptance by the town or public of the dedication of any street or other ground, public utility line, or other public facility shown on the plat and shall not be construed to do so. (b) Pursuant to G.S. 160A-374, the city council, by resolution, may accept the dedication of all lands and facilities for streets, parks, public utilities or other public purposes that have been approved by the planning board for public dedication when the lands or facilities are located within its subdivision regulation jurisdiction and meets the town's requirements. The city shall not accept the dedication of such lands and facilities until it determines, based upon recommendation of the subdivision administrator, that: (1) All lands and facilities have been properly dedicated through recorded plats, deeds, or deeds of easements; (2) All lands andPROOFS facilities meet city standards and have been inspected and approved by the subdivision administrator and/or affected departments of the town; (3) The subdivider has requested that the lands and facilities be accepted as public; and (4) The subdivider has provided a valuation of all lands and facilities to be dedicated to the town. (c) The acceptance of any lands and facilities by the town shall be subject to the following terms and conditions: (1) The subdivider shall guarantee all materials and workmanship for a period of 12 months from the date of official acceptance by the recordation of the final plat; (2) The acceptance by the town shall not be interpreted in any way to relieve any developer, contractor, subcontractor, insurance company, owner, or other person of his individual or several obligations under any ordinance, policy, or contract or to his individual or several obligations under any ordinance, policy, or contract or to otherwise reduce or eliminate the rights of the town, its agents and employees against any other party connected with or in any way related to the development of the subdivision and facilities. The acceptance shall not be interpreted as a waiver of any defense or immunities which the town, its agencies or employees may assert or be entitled to; (3) All rights, privileges and warranties of whatsoever nature and kind, for equipment, supplies, materials, goods, and services shall be assigned to the town and any and all benefits derived there from shall inure to the town, its agents, and employees. The acceptance of the lands and facilities shall be conditioned upon the owners covenanting and warranting that they are lawfully seized and possessed of all the lands and facilities dedicated to the public; that they have good and lawful authority to dedicate the same to the public for the stated purpose; that the lands and facilities are free and clear of any deed of trust, mortgage, lien or assessments; and that the dedicators for their heirs, successors, executors, administrators, and assigns, covenant that they will warrant and defend the dedication of such land and facilities against any and all claims and demands whatsoever; (4) Acceptance of dedication of lands and facilities shall not obligate the town to construct, maintain, repair, replace, extend, improve, build or operate any public facilities or utilities, which are not in existence as of the date of the acceptance of the lands and facilities. Such acceptance shall not obligate the town to construct any main, line, pipe, lateral, or other extension or permit connection to the city's water, sanitary sewer, storm sewer, drainage or other public utilities systems. (Code 2003, § 22-81; Ord. 04-19, § 1(exh. A), 5-20-2004) Sec. 50-66. Penalties for violation.61 (a) After the effective date of this chapter, any No person who, being the owner or agent of the owner of any land located within the jurisdiction of the town, thereafter shall subdivides his land in violation of this article the ordinance or transfers or sells land by reference to, exhibition of, or any other use of a plat showing a subdivision of the land before the plat has been properly approved under this chapter such ordinance and recorded in the office of the county register of deeds, shall be guilty of a Class 1 misdemeanor. The description by metes and bounds in the instrument of transfer or other document used in the process of selling or transferring land shall not exempt the transaction from this penalty. The town may bring an action for injunction of any illegal subdivision, transfer, conveyance, or sale of land, and the court shall, upon appropriate findings, issue an injunction and order requiring the offending party to comply with this chapter. subdivision ordinance. Building permits required pursuant to G.S. 160A-417 shall be denied for lots that have been illegally subdivided. In addition to other remedies, the town may institute any appropriate action or proceedings to prevent the unlawful subdivision of land, to restrain, correct, or abate the violation, or to prevent any illegal act or conduct. (b) The violation of any provision of this article shall subject the offender to a civil penalty in the amount of $500.00 to be recovered by the town. Violators shall be issued a written citation, which must be paid within ten days. (c) Each day's continuing violation of this article shall be a separate and distinct offense. (d) Nothing in this section shall be construed to limit the use of remedies available to the town. The town may seek to enforce this article by using any one, all, or a combination of remedies. (Code 2003, § 22-82; Ord.PROOFS 04-19, § 1(exh. A), 5-20-2004; Ord. No. 06-08, § 15, 3-16-2006) Sec. 22-83. Separability.62
61 Legal Analysis: Code 2003, § 22-82. Penalties for violation. Revised for clarity and to use general penalty of § 1-14. Revised per direction at 6/5/17 conference. 62 Legal Analysis: Code 2003, § 22-83. Separability. Deleted as covered by chapter 1. OK per 6/5/17 conference. Should any section or provision of this article be decided by a court of competent jurisdiction to be unconstitutional or invalid, such decision shall not affect the validity of the article as a whole or any part thereof other than the part so declared to be unconstitutional or invalid. (Code 2003, § 22-83; Ord. 04-19, § 1(exh. A), 5-20-2004) Sec. 50-67. Variances. The planning board may authorize a variance from these regulations when, in its opinion, undue hardship may result from strict compliance. In granting any variance, the planning board shall make the findings required below, taking into account the nature of the proposed subdivision, the existing use of land in the vicinity, the number of persons to reside or work in the proposed subdivision and the probable effect of the proposed subdivision upon traffic conditions in the vicinity. No variance shall be granted unless the planning board finds all four of the following conditions to exist: (1) That there are special circumstances or conditions affecting said property such that the strict application of the provisions of this article would deprive the applicant of the reasonable use of his land. (2) That the variance is necessary for the preservation and enjoyment of a substantial property right of the petitioner. (3) That the circumstances giving rise to the need for the variance are peculiar to the parcel and are not generally characteristic of other parcels in the jurisdiction of this article. (4) That the granting of the variance will not be detrimental to the public health, safety and welfare or injurious to other property in the territory in which said property is situated. (Code 2003, § 22-84; Ord. 04-19, § 1(exh. A), 5-20-2004) Sec. 50-68. Amendments. (a) The town council may from time-to-time amend the terms of this article but no amendment shall become effective unless it has been proposed and submitted to the planning board for review and recommendation. If the planning board fails to submit a report within the specified time, it shall be deemed to have recommended approval of the amendment. (b) The town council shall adopt no amendment until they have held a public hearing on the amendment. Notice of the hearing shall be posted in a prominent place at the town hall and published in a newspaper of general circulation in the town at least once a week for two successive calendar weeks prior to the hearing. The initial notice shall appear not more than 25 or less than ten days prior to the hearing date. In computing this period, the date of publication is not to be counted, but the date of the hearing is. (Code 2003, § 22-85; Ord. 04-19, § 1(exh. A), 5-20-2004) Sec. 50-69. Abrogation. It is not intended that this article repeal, abrogate, annul, impair, or interfere with any existing easements, covenants, deed restrictions, agreements, rules, regulations, or permits previously adopted or issued pursuant to law. However, where this article imposes greater restrictions, the provisions of this article shall govern. (Code 2003, § 22-86; Ord. 04-19, § 1(exh. A), 5-20-2004) Sec. 50-70. Administrator. This article shall bePROOFS administered and enforced by the subdivision administrator. The subdivision administrator shall be the economic and community development director or his designee. (Code 2003, § 22-87; Ord. 04-19, § 1(exh. A), 5-20-2004; Ord. No. O17-006, § 1, 5-18-2017) Sec. 22-88. Effective date.63
63 Legal Analysis: Code 2003, § 22-88. Effective date. Deleted as not needed. OK per 6/5/17 conference. This article shall take effect and be in force from and after, May 20, 2004. (Code 2003, § 22-88; Ord. 04-19, § 1(exh. A), 5-20-2004) Sec. 50-71. Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Block means a piece of land bounded on one or more sides by streets or roads. Block length means the total distance measured along front property lines between intersecting streets. Building setback line means a line parallel to the front property line in front of which no structure shall be erected. Setbacks shall be figured from the right-of-way line. Dedication means a gift by the owner or a right to use of land for a specified purpose. Because a transfer of property rights is entailed, dedication must be made by written instrument and is completed with an acceptance. Easement means a grant by the property owner of a strip of land for a specified purpose and use by the public, a corporation, or persons. Half street means a street the centerline of which coincides with a subdivision plat boundary, with half the street right-of-way width being contained within the subdivision plat. Also, any existing street to which the parcel of land to be subdivided abuts on only one side. Lot means a single contiguous parcel of land in identical ownership throughout, bounded by other lots or streets and used or set aside and available for use as the site of one or more buildings or other purpose as permitted. A lot shall be of legal record and described on a recorded plat or recorded instrument containing a metes and bounds description. Lot of record means a lot which is part of a subdivision, a plat of which has been recorded in the office of register of deeds of the county prior to September 21, 1995, or a lot described by metes and bounds, the description of which has been so recorded prior to September 21, 1995. Lot types are as follows: (1) Corner lot means a lot located at the intersection of two or more streets. A lot abutting on a curved street shall be considered a corner lot if straight lines drawn from the foremost points of the side lot lines to the foremost point of the lot meet at an interior angle of less than 135 degrees. (2) Double-frontage lot means a continuous (through) lot which is accessible from both streets upon which it fronts. (3) Interior lot means a lot other than a corner lot with only one frontage on more than one street. (4) Reversed-frontage lot means a lot on which the frontage is at right angles or approximately right angles (interior angles less than 135 degrees) to the general pattern in the area. A reversed-frontage lot may also be a corner lot, an interior lot or a through lot. (5) Single-tier lot means a lot which backs upon a limited-access highway, a railroad, a physical barrier, or another type of land use and to which access from the rear is usually prohibited. (6) Through lot means a lot other than a corner lot with frontage on more than one street. Through lots abutting two streets may be referred to as double-frontage lots. Official maps or plans means any maps or plans officially adopted by the town council. Open space meansPROOFS an area (land and/or water) generally lacking in manmade structures and reserved for enjoyment in its unaltered state. Plat means a map or plan of a parcel of land which is to be or has been subdivided. Private driveway means a roadway serving two or fewer lots, building sites or other divisions of land and not intended to be public ingress or egress. Private street means an undedicated private right-of-way which affords access to abutting properties and requires a subdivision streets disclosure statement in accordance with G.S. 136-102.6. Public or community sewer system means an approved sewage disposal system serving two or more connections, including private, municipal and sanitary district sewer systems designated to serve particular subdivisions at full development and constructed to specifications of the county health office in consultation with the division of health services and/or the division of environmental management of the department of environment, health and natural resources. Public water system means an approved water supply system serving 15 or more connections, including county, municipal and sanitary district water systems designed to serve particular subdivisions at full development and constructed to specifications of the county health office in consultation with the division of health services, department of environment, health and natural resources. Reservation means an obligation to keep property free from development for a stated period of time. A reservation of land does not involve any transfer of property rights. Septic tank system means a ground absorption sewage treatment and disposal system consisting of a septic tank and a nitrification field, necessary pipelines, conduits, pump stations, and other appurtenances required for proper collection, distribution, treatment, disposal, operation and performance, or any other system approved by the health department. Street means a dedicated and accepted public right-of-way for vehicular traffic (or a private road only if permitted by this article). The following classifications shall apply: (1) Urban streets include the following: a. Local street is any link not part of a higher order urban system which serves primarily to provide direct access to abutting land and access to higher systems. b. Major thoroughfares consist of interstate, other freeway and expressway links, and major streets that provide for the expeditious movement of volumes of traffic within and through urban areas. c. Minor thoroughfares are important streets in the urban system and perform the function of collecting traffic from local access streets and carrying it to the major thoroughfare system by facilitating a minor through traffic movement and may also connect to abutting property. (2) Specific type rural or urban streets: a. Freeway, expressway and parkway mean a divided multilane roadway designed to carry large volumes of traffic at relatively high speeds. A freeway is a divided highway providing for continuous flow of vehicles with no direct access to abutting property or streets and with access to selected crossroads provided via connecting ramps. An expressway is a divided highway with full or partial control of access and generally with grade separations at major intersections. A parkway is a highway for noncommercial traffic, with full or partial control of access, and usually located within a park or a ribbon of park-like development. b. Residential collector street means a local access street which serves as a connector street between local residential streets and the thoroughfare system. Residential collector streets typically collect traffic from 100 to 400 dwelling units. c. Local residential street means a cul-de-sac, loop street less than 2,500 feet in length, or street less than one mile in length that does not connect thoroughfares or serve major traffic generators, and does not collect traffic from more than 100 dwelling units. d. Cul-de-sacPROOFS means a short street having but one end open to traffic and the other end being permanently terminated and a vehicular turnaround provided. e. Frontage road means a local street or road that is parallel to a full or partial access controlled facility and functions to provide access to adjacent land. f. Alley means a strip of land, owned publicly or privately, set aside primarily for vehicular service access to the back or side of properties otherwise abutting on a street. Subdivider means any person who subdivides or develops any land deemed to be a subdivision. Subdivision, for the purposes of this article, means all divisions of a tract or parcel of land into two or more lots, building sites, or other divisions when any one or more of those divisions is created for the purpose of sale or building development (whether immediate or future) and shall include all divisions of land involving the dedication of a new street or a change in existing streets; but the following shall not be included within this definition nor be subject to the regulations authorized by this article: (1) The combination or recombination of portions of previously subdivided and recorded lots where the total number of lots is not increased and the resultant lots are equal to or exceed the standards of the town as shown in its subdivision regulations. (2) The division of land into parcels greater than ten acres where no street right-of-way dedication is involved. (3) The public acquisition by purchase of strips of land for the widening or opening of streets or for public transportation system corridors. (4) The division of a tract in single ownership whose entire area is no greater than two acres into not more than three lots, where no street right-of-way dedication is involved and where the resultant lots are equal to or exceed the standards of the town as shown in its subdivision regulations. The town may provide for expedited review of specified classes of subdivisions. (Code 2003, § 22-89; Ord. 04-19, § 1(exh. A), 5-20-2004; Ord. No. 06-08, § 16, 3-16-2006; Ord. No. 13-13, § 1, 6-20-2013; Ord. No. 15-15 , § 1, 1-21-2016; Ord. No. O17-005, § 1, 4-20-2017; Ord. No. O17-009, § 1, 6-22-2017) Note— Formerly, § 22-88. Secs. 50-72--50-100. Reserved. DIVISION 2. PLAT APPROVAL *Editor's note— Ord. No. 04-19, § 1(exh. A), adopted May 20, 2004, effective May 20, 2004, amended division 2 in its entirety to read as herein set out. Former division 2, §§ 22-111—22-120, pertained to similar subject matter, and derived from Ord. of 9-21-1995, §§ 301—310; Ord. No. 02-19, § 1, adopted April 18, 2002. Sec. 50-101. Plat shall be required on any subdivision of land. Pursuant to G.S. 160A-371 et seq., , article 19, part 2[,] a final plat shall be prepared, approved, and recorded pursuant to the provisions of this article whenever any subdivision of land takes place. (Code 2003, § 22-111; Ord. 04-19, § 1(exh. A), 5-20-2004) Sec. 50-102. Approval prerequisite to plat recordation. Pursuant to G.S. 160A-373, no final plat of a subdivision within the jurisdiction of the town as established in section 50-58 22-74 shall be recorded by the register of deeds of the county until it has been approved by the subdivision administrator as provided in this article. To secure such approval of a final plat, the subdivider shall follow the procedures established in this division. (Code 2003, § 22-112; Ord. 04-19, § 1(exh. A), 5-20-2004) Sec. 50-103. Procedures for review of major and minor subdivisions. (a) All subdivisions shall be considered major subdivisions except those defined as minor subdivisions in this article. Major subdivisions shall be reviewed in accordance with the procedures in sections 50-106 22-116 through 50-109. 22-119. Minor subdivisions shall be reviewed in accordance with the provisions in section 50-104 22-114. However, if the PROOFSsubdivider owns, leases, holds an option on, or holds any legal or equitable interest in any property adjacent to or located directly across a street, easement, road or right-of-way from the property to be subdivided, the subdivision shall not qualify under the abbreviated procedure (minor subdivisions). The abbreviated procedure may not be used a second time within three years on any property less than 1,500 feet from the original property boundaries by anyone who owned, had an option on, or any legal interest in the original subdivision at the time the subdivision received preliminary or final plat approval. Furthermore, the abbreviated procedure may not be used within three years on any property less than 1,500 feet from the original property boundaries by any subsequent owner, individual having an option on, or individual having any legal interest in the original subdivision at the time the subdivision received preliminary or final plat approval. (b) A minor subdivision is defined as a subdivision involving no new public or private streets or roads, or right-of-way dedication, no easements, no utility extension, where the entire tract to be subdivided is five acres or less in size, and where four or fewer lots result after the subdivision is completed. (Code 2003, § 22-113; Ord. 04-19, § 1(exh. A), 5-20-2004) Sec. 50-104. Procedure for review of minor subdivisions. (a) Sketch plan for minor subdivision. Prior to submission of a final plat, the subdivider shall submit to the subdivision administrator two copies of a sketch plan of the proposed subdivision containing the following information: (1) A sketch vicinity map showing the location of the subdivision in relation to neighboring tracts, subdivisions, roads, and waterways; (2) The boundaries of the tract and the portion of the tract to be subdivided; (3) The total acreage to be subdivided; (4) The existing and proposed uses of the land within the subdivision and the existing uses of land adjoining it; (5) The existing street layout and right-of-way width, lot layout and size of lots; (6) The existing utility layouts; (7) The name, address and telephone number of the owner; (8) The name, if any, of the proposed subdivision; (9) Streets and lots of adjacent developed or plated properties; (10) The zoning classification of the tract and of adjacent properties; (11) A statement from the county health department that a copy of the sketch plan has been submitted to them, if a septic tank system or other onsite water or wastewater systems are to be used in the subdivision. (b) Review. The subdivision administrator shall review the sketch plan for general compliance with the requirements of this article and the zoning ordinance; the subdivision administrator shall advise the subdivider or his authorized agent of the regulations pertaining to the proposed subdivision and the procedures to be followed in the preparation and submission of the final plat. (c) Copies. The subdivision administrator shall retain one copy of the sketch plan, and one copy shall be returned to the subdivider or his authorized agent. (Code 2003, § 22-114; Ord. 04-19, § 1(exh. A), 5-20-2004) Sec. 50-105. Final plat for minor subdivisions. (a) Upon approval of the sketch plan by the subdivision administrator, the subdivider may proceed with the preparation of the final plat in accordance with the requirements of this article. The subdivider shall submit the final plat so marked, to the subdivision administrator for review. (b) A registered land surveyor currently licensed and registered in the state of North Carolina by the state board of registration for professional engineers and land surveyors shall prepare the final plat. The final plat shall conform to the provisions for plats, subdivisions, and mapping requirements set forth in G.S. 47-30 and the Manual of Practice of Land SurveyingPROOFS in North Carolina. (c) Five copies of the final plat shall be submitted, two of these shall be on reproducible material; three shall be black or blue line paper prints. Material and drawing medium for the original shall be in accordance with the Manual of Practice for Land Surveying in North Carolina, where applicable, and the requirements of the county register of deeds. (d) The final plat shall be of a size suitable for recording with the county register of deeds and shall be at a scale of not less than one inch equals 200 feet. Maps may be placed on more than one sheet with appropriate match lines. (e) A filing fee shall accompany submission of the final plat. The schedule of fees shall be posted in the office of the town clerk. A filing fee shall be adopted, and from time to time revised, by the Leland town council. (f) The final plat shall meet the specifications in section 50-109. 22-119 of this article. (g) The following signed certificates shall appear on all five copies of the final plat: (1) Certificate of ownership and dedication. I (we) hereby certify that I am (we are) the owner(s) of the property shown and described hereon and that I (we) hereby adopt this plan of a subdivision with my (our) own free consent, establish minimum setback line, and dedicate all streets, alleys, walks, parks and other sites to public or private use as noted. Further, I (we) certify the land as shown hereon is within the platting jurisdiction of the Town of Leland, North Carolina.
______Date Owner
(2) Certificate of survey and accuracy. In accordance with the Manual of Practice for Land Surveying in North Carolina: On the face of each map prepared for recordation there shall appear a certificate acknowledged before an officer authorized to take acknowledgements and executed by the person making the survey or map including deeds and any recorded data shown thereon. The certificate shall include a statement of error of closure calculated by latitudes and departures. Any lines on the map, which were not actually surveyed, must be clearly indicated on the map and a statement included in the certificate revealing the source of information. The certificate shall take the following form:
State of North Carolina Town of Leland
I, ______certify that this map was (drawn by me) (drawn under my supervision) from (an actual survey made by me) (an actual survey made under my supervision) (deed description recorded in book ______, page ______, book ______, page ______, etc.) (other); that the ratio of precision as calculated by latitudes and departures is 1: ______, (that the boundaries not surveyed are shown as broken lines plotted from information found in book ______, page ______); that this map was prepared in accordance with G.S. 47-30, as amended. Witness my hand and seal this ______day of ______/ ______/ ______, 20 ______.
______Registered Land Surveyor PROOFS ______Official Seal Registration Number
I (officer authorized to take acknowledgements) do hereby certify that (name of registered surveyor) personally appeared before me this day and acknowledged the due execution of this certificate. Witness my hand and (where an official seal is required by law) official seal this the ______day of ______/ ______/ ______, 20 ______.
______Official Seal Notary Public
(h) If the final plat for a minor subdivision is in compliance with this article, the subdivision administrator or his designee shall approve the final plat. (i) Approval of the final plat is authorization for the plat to be filed with the register of deeds. Any final plat shall be recorded with the register of deeds within six months from the date of approval by the subdivision administrator or his designee. If the final plat is not recorded within this period, it shall expire. The plat may be resubmitted for review and it shall be reviewed against the ordinance in effect at that time. (j) If the final plat is approved by the subdivision administrator, the original and one print of the plat shall be retained by the subdivider. One reproducible tracing and one print shall be filed with the town clerk, and one print shall be retained by the subdivision administrator for the records. (k) No final plat for a minor subdivision shall be approved until it meets the requirements set forth, all required fees have been paid and certificates required by this article appear on a final plat have been properly filled out, dated and signed. Certificate of Approval for Recording I hereby certify that the subdivision plat shown hereon has been found to comply with the Subdivision Regulations of Town of Leland, North Carolina and that this plat has been approved for recording in the Office of the Register of Deeds of Brunswick County.
______Subdivision Administrator Date
Leland, North Carolina
(l) If the final plat is not in compliance with these regulations and disapproved by the subdivision administrator, the reasons for such disapproval shall be stated in writing, specifying the provisions of this article with which the final plat does not comply with. One copy of such reasons and one print of the plat shall be retained by the subdivision administrator as part of the records; one copy of the reasons and three copies of the plat shall be transmitted back to the subdivider. If the final plat is disapproved, the subdivider may make such changes as will bring the final plat into compliance and resubmit same for reconsideration by the subdivision administrator, or appeal the decision in accordance with section 50-113. 22-123 of this article. (Code 2003, § 22-115; Ord. 04-19, § 1(exh. A), 5-20-2004) Sec. 50-106. Procedure for review of major subdivisions. The sequence of actionsPROOFS prescribed in this section shall be followed sequentially and may be combined only at the discretion of the subdivision administrator. The actions include the following steps: (1) Pre-application discussion—Applicant and subdivision administrator. (2) On-site walkabout by subdivision administrator and applicant. (3) Sketch plan submission, review and approval. (4) Preliminary plat submission, review, and approval. (5) Final plat submission, review, and approval. (Code 2003, § 22-116; Ord. 04-19, § 1(exh. A), 5-20-2004) Sec. 50-107. Elements of the preliminary plan process. (a) Pre-application discussion. A pre-application discussion is strongly encouraged between the applicant, the site designer, and the subdivision administrator. The purpose of this informal meeting is to introduce the applicant and the site designer to the town's zoning and subdivision regulations and procedures and to discuss the applicant's objectives in relation to the town's official policies and ordinance requirements. (b) On-site walkabout. After the pre-application discussion has been completed, the subdivision administrator may schedule a mutually convenient date to walk the property with the applicant and his site designer. The purpose of this visit is to familiarize the subdivision administrator with the property's special features, and to provide him an informal opportunity to offer guidance to the applicant regarding the potential house locations, street alignments, and the tentative location of conservation areas. If an on-site walkabout is applicable the subdivision administrator may combine the pre-application discussion and the on-site walkabout as one step in the submittal process of the preliminary plan. (c) Sketch plan. After the pre-application discussion conference, a sketch plan shall be submitted for all proposed subdivisions. A sketch plan is drawn to illustrate the initial thoughts about a conceptual layout for house sites, street alignments, and conservation areas, taking into account any special conditions that may exist or are identified in the development. This is the stage where drawings are tentatively illustrated, before heavy engineering costs are incurred in the design of any proposed subdivision layout. Prior to the preliminary plat submission, the applicant shall submit to the subdivision administrator two copies of the sketch plan of the proposed subdivision containing the following information: (1) A sketch vicinity map showing the location of the subdivision in relation to neighboring tracts, subdivisions, roads, and waterways; (2) The boundaries of the tract and the portion of the tract to be subdivided; (3) The total acreage to be subdivided; (4) The location of all potential conservation areas, using the pre-application discussion information. These areas consist of wetlands, floodplains, slopes over 25 percent, soils susceptible to slumping, and noteworthy natural, scenic, and cultural resources; (5) The existing and proposed uses of the land within the subdivision and the existing uses of land adjoining it; (6) The proposed street layout with approximate pavement and right-of-way widths; (7) Proposed lot layout and size of lots; (8) The existing utility layouts; (9) The name, address, and telephone number of the owner; (10) The name, if any, of the proposed subdivision; (11) Streets and lots of adjacent developed or platted properties; (12) The zoning classification of the tract and of adjacent properties; (13) A statement from the county health department that a copy of the sketch plan has been submitted to them, if a septic tankPROOFS system or other on-site water or wastewater system is to be used in the subdivision. (d) Review. The subdivision administrator shall review the sketch plan for general compliance with the requirements and goals of this article and chapter 66, zoning. the zoning ordinance. The subdivision administrator shall advise the applicant, or his authorized agent, of the regulations pertaining to the proposed subdivision and the procedures to be followed in the preparation and submission of the preliminary and final plats. The subdivision administrator shall retain one copy of the sketch plan and one copy shall be returned to the applicant or his authorized agent. (Code 2003, § 22-117; Ord. 04-19, § 1(exh. A), 5-20-2004) Sec. 50-108. Preliminary plat submission and review. (a) Submission procedure. (1) For every subdivision within the territorial jurisdiction established by section 50-58, 22-74, which does not qualify for the abbreviated procedure, the subdivider shall submit a preliminary plat which shall be reviewed by the planning board and approved by the planning board before any construction or installation of improvements may begin. (2) The preliminary plat shall be consistent in concept with the previously submitted and approved sketch plan. The preliminary plat may describe an area smaller than that shown on the approved sketch plan. (3) When a preliminary plat is required by this article, the owner shall submit the following items below to the developmental services department at least 20 days prior to the regular meeting of the planning board: a. Fifteen copies of the preliminary plat as well as any additional copies the subdivision administrator determines are needed of the proposed subdivision, which may be sent to other agencies. All maps shall be folded to a suitable size, preferably 8½ inches by 11 inches. b. The completed subdivision application and the payment of the required application fee. c. Any other supporting developmental data relevant to the subdivision or required by staff. (4) Preliminary plats shall contain the information items as outlined in section 50-110. 22-120. Subdivisions shall be constructed and/or improved as required in division 3 of this article. (b) Review by other agencies. Concurrent with submission of the preliminary plat, the subdivision administrator shall direct the subdivider, if warranted, to meet the requirements of all state and/or federal agencies and any other officials and/or agencies concerned with the preliminary plat, including, but not limited to: The NCDOT district highway engineer as to proposed streets, highways, and drainage systems; the North Brunswick Sanitary District and the county health director as to proposed water and sewerage systems; the state department of environment and natural resources, land quality section as to the erosion control requirements; and any other agency or official designated by the subdivision administrator for review and recommendation. (c) Review procedure. (1) The planning board shall review the preliminary plat within 30 days from the date a complete application and all the appropriate comments have been received by the developmental services department. (2) The planning board shall, in writing, recommend approval, conditional approval with recommended changes to bring the plat into compliance, or disapproval with reasons within 60 days of its first consideration. If the planning board does not make a written recommendation within 60 days after it first consideration of the plat, then that shall constitute approval of the preliminary plat. (3) If the planning board approves the preliminary plat, such approval shall be noted on two copies of the plat as well as the certificate of approval for preliminary plat below. The subdivision administrator shall retain one copy of the plat and one copy shall be returned to the subdivider. (4) If the planning board approves the preliminary plat with conditions, approval shall be noted on two copies of the plat as well as the certificate of approval for preliminary plat below along with a reference to the conditions. The subdivision administrator shall retain one copy of the plat along with the conditions, and one copy of the preliminary plat along with the conditions shall be returned to the subdivider. CertificatePROOFS of Approval for Preliminary Plat I, by authority of the Planning Board of the Town of Leland, North Carolina, hereby certify that the preliminary plat shown hereon has been found to comply with the Subdivision Regulations of the Town of Leland, North Carolina as presented on the below date, and that this preliminary plat has been approved by the planning board of the Town of Leland as presented on the below date, subject to the conditions listed below. This approval is not acceptable for recording purposes. Conditions: ______
______Planning Board Chairman Date
Leland, North Carolina
(5) If the planning board disapproves the preliminary plat, the reasons for such disapproval shall be specified in writing. The subdivision administrator shall retain one copy of the disapproved plat and the reasons, and one copy shall be returned to the subdivider. (6) If the preliminary plat is disapproved, the subdivider may make the recommended changes and submit a revised preliminary plat to be reviewed again by the planning board or appeal the decision by following the outlined procedures in section 50-113. 22-123. (7) If the planning board places conditions on a preliminary plat that the subdivider feels are unreasonable the subdivider may appeal the decision by following the outlined procedures in section 50-113. 22-123. (Code 2003, § 22-118; Ord. 04-19, § 1(exh. A), 5-20-2004) Sec. 50-109. Final plat submission and review. (a) Preparation of final plat and installation of improvements. Upon approval of the preliminary plat by the planning board, the subdivider may proceed with the preparation of the final plat, and the installation of or arrangement for required improvements in accordance with the approved preliminary plat and the requirements of this article. Prior to approval of a final plat, the subdivider shall have installed the improvements specified in this article or guaranteed their installation as provided herein. The subdivision administrator will accept no final plat for review until the subdivider has installed the improvements specified in this article or guaranteed their installation as provided herein. The final plat shall constitute only that portion of the preliminary plat which the subdivider proposes to record and develop at that time; such portion shall conform to all requirements of this article. (b) Improvements guarantees. (1) Agreement and security required. In lieu of requiring the completion, installation, and dedication of all improvements prior to final plat approval, the town council may enter into an agreement with the subdivider whereby the subdivider shall agree to complete all required improvements. Once said agreement is signed by both parties and the security required herein is provided, the subdivision administrator may approve the final plat, if all other requirements of this article are met. To secure this agreement, the subdivider shall provide, subject to the approval of the town council, either one, or a combination of the following guarantees not exceeding 1.25 times the entire cost as provided herein: a. Surety performance bond. The subdivider shall obtain a performance bond from a surety bonding company authorized to do business in North Carolina the state. The bonds shall be payable to the town and shall be in an amount equal to 1.25 times the entire cost, as estimated by the subdivider and approved by the town council, of installing all required improvements. The duration of the bond shall be until such time as the town council accepts the improvements. b. Cash orPROOFS equivalent security. The subdivider shall deposit cash, an irrevocable letter of credit or other instrument readily convertible into cash at face value, either with the town or in escrow with a financial institution designated as an official depository of the town. The use of any instrument other than cash shall be subject to the approval of the town council. The amount of deposit shall be equal to 1.25 times the cost, as estimated by the subdivider and approved by the town council, of installing all required improvements. If cash or other instrument is deposited in escrow with a financial institution as provided above, then the subdivider shall file with the town council an agreement between the financial institution and himself guaranteeing the following: 1. That said escrow account shall be held in trust until released by the town council and may not be used or pledged by the subdivider in any other matter during the term of the escrow; and 2. That in the case of a failure on the part of the subdivider to complete said improvements the financial institution shall, upon notification by the town council, and submission by the town council to the financial institution of an engineer's estimate of the amount needed to complete the improvements, immediately either pay to the town the funds estimated to complete the improvement, up to the full balance of the escrow account, or deliver to the town any other instruments fully endorsed or otherwise made payable in full to the town. (2) Default. Upon default, meaning failure on the part of the subdivider to complete the required improvements in a timely manner as spelled out in the performance bond or escrow agreement, then the surety, or the financial institution holding the escrow account shall, if requested by the town council, pay all or any portion of the bond or escrow fund to the town up to the amount needed to complete the improvements based on an engineering estimate. Upon payment, the town council, in its discretion, may expend such portion of said funds as it deems necessary to complete all or any portion of the required improvements. The town shall return to the subdivider any funds not spent in completing the improvements. (3) Release of guarantee security. A release or reduction in an improvements guarantee required by this section may be approved by the town manager or his designee. Any extension of an improvements guarantee beyond the original period required by the town council may be approved by the town manager or his designee. (c) Submission procedure. (1) The subdivider shall submit the final plat, so marked, to the subdivision administrator at which it will be reviewed; further, the final plat for the first stage of the subdivision shall be submitted not more than 18 months after the date on which the preliminary plat was approved; otherwise such approval shall be null and void, unless a written extension of this limit, not to exceed a 54-month period from the initial approval date granted by the planning board. (2) The subdivision administrator shall determine if the final plat is substantially equivalent to the preliminary plat previously approved by the planning board. If the final plat is determined to be substantially equivalent, the subdivision administrator shall continue with review and approval, otherwise the subdivider will be required to resubmit the plat to the planning board as a new submission for approval and conform to the current regulations, associated fees and policies of the town. (3) The final plat shall be prepared by a registered land surveyor currently licensed and registered in the state of North Carolina by the state board of registration for professional engineers and land surveyors. The final plat shall conform to the provisions for plats, subdivisions, and mapping requirements set forth in G.S. 47-30 and the Manual of Practice for Land Surveying in North Carolina. (4) Five copies of the final plat shall be submitted; two of these shall be on reproducible material; three shall be black or blue line paper prints. Material and drawing medium for the original shall be in accordance with the Manual of Practice for Land Surveying in North Carolina, where applicable, and the requirements of the county register of deeds. (5) The final plat shall be of a size suitable for recording with the county register of deeds and shall be at a scale of not less than one inch equals 200 feet. Maps may be placed on more than one sheet with appropriate matchPROOFS lines. (6) A filing fee shall accompany submission of the final plat. The schedule of fees shall be posted in the office of the town clerk. A filing fee shall be adopted, and from time to time revised, by the town council. (7) The final plat shall meet the specifications in section 50-110. 22-120. (8) The following signed certificates shall appear on all five copies of the final plat: a. Certificate of ownership and dedication. I (we) hereby certify that I am (we are) the owner(s) of the property shown and described hereon and that I (we) hereby adopt this plan of a subdivision with my (our) own free consent, establish minimum setback line, and dedicate all streets, alleys, walks, parks and other sites to public or private use as noted. Further, I (we) certify the land as shown hereon is within the platting jurisdiction of the Town of Leland, North Carolina.
______Date Owners
b. Certificate of survey and accuracy. In accordance with the Manual of Practice for Land Surveying in North Carolina: On the face of each map prepared for recordation there shall appear a certificate acknowledged before an officer authorized to take acknowledgements and executed by the person making the survey or map including deeds and any recorded data shown thereon. The certificate shall include a statement of error of closure calculated by latitudes and departures. Any lines on the map which were not actually surveyed must be clearly indicated on the map and a statement included in the certificate revealing the source of information. The certificate shall take the following general form:
State of North Carolina Town of Leland
I, ______, certify that this map was (drawn by me) (drawn under my supervision) from (an actual survey made me) (an actual survey made under my supervision) (deed description recorded in book ______, page ______, book ______, page ______, etc.) (other); that the ratio of precision as calculated by latitudes and departure is 1: ______, (that the boundaries not surveyed are shown as broken lines plotted from information found in book ______, page ______): that this map was prepared in accordance with G.S. 47-30, as amended. Witness my hand and seal this ______day of ______/ ______/ ______, 20 ______.
______Registered Land Surveyor
Official Seal ______Registration Number
I, (officer authorized to take acknowledgements) do hereby certify that (name of registered surveyor)PROOFS personally appeared before me this day and acknowledged and due execution of this certificate. Witness may hand and (where an official seal is required by law) official seal this the ______day of 20 ______(year).
______Notary Public Official Seal
c. Certificate of approval of the design and installation of streets, utilities, and other required improvements. I hereby certify that all streets, utilities and other required improvements have been installed in a manner approved by the appropriate state and/or local authority and according to Town specifications and standards in the ______Subdivision or that guarantees of the installation of the required improvements in an amount and manner satisfactory to Town of Leland has been received, and that the filing fee for this plat, in the amount of $ ______has been paid.
______Subdivision Administrator
_____ Town Engineer
_____ Date
(9) Within ten working days of submission, the subdivision administrator or his designee shall approve, or disapprove the final plat. (10) During the review of the final plat the subdivision administrator may appoint an engineer or registered surveyor to confirm the accuracy of the final plat or provide comments on technical data. If substantial errors are found, the costs shall be charged to the subdivider and the plat shall not be recommended for approval until such errors have been corrected and fees have been paid. (11) If the final plat is approved by the subdivision administrator, the original tracing and one print of the plat shall be retained by the subdivider. One reproducible tracing and one print shall be filed with the developmental services department, and one print shall be retained by the planning board for its records. The subdivider shall file the approved final plat with the register of deeds of the county within 30 days of the subdivision administrator’s approval; otherwise such approval shall be null and void. (12) Such approval shall be shown on each copy of the plat by the following signed certificate: Certificate of approval for recording. I hereby certify that the subdivision plat shown hereon has been found to comply with the Subdivision Regulations of the Town of Leland, North Carolina, and that this plat has been approved by the Leland Town Planning Board for recording in the Office of the Register of Deeds of Brunswick County. PROOFS
______Date Subdivision Administrator Town of Leland, North Carolina
(13) If the final plat is disapproved by the subdivision administrator, the reasons for such disapproval shall be stated in writing, specifying the provisions of this article with which the final plat does not comply. One copy of such reasons and one print of the plat shall be retained by the subdivision administrator as part of its proceedings; one copy of the reasons and three copies of the plat shall be transmitted back to the subdivider. If the final plat is disapproved, the subdivider may make such changes as will bring the final plat into compliance and resubmit same for reconsideration by the subdivision administrator or appeal the decision to the planning board following the outlined procedures in section 50-113. 22-123. (Code 2003, § 22-119; Ord. 04-19, § 1(exh. A), 5-20-2004; Ord. No. 08-18, § 1, 12-18-2008) Sec. 50-110. Information to be contained in or depicted on preliminary and final plat. The preliminary and final plats shall depict or contain the information indicated in the following table. An "X" indicates that the information is required.
Information Preliminary Final Plat Plat
Title block containing:
• Property designation X X
• Name of owner X X
• Location (including township, county and state X X
• Date or dates survey was conducted and plat prepared X X
• A scale of drawing in feet per inch listed in words or figures X X
• A bar graph X X
• Name, address, registration number and seal of the registered land surveyor X
The name of the subdivider X X
A sketch vicinity map showing the relationship between the proposed subdivision X X and surrounding area
Corporate limits, township boundaries, county lines if on the subdivision tract X X
The names, addresses and telephone numbers of all owners, architects, land X surveyors, and professionalPROOFS engineers responsible for the sub-division Date of plat preparation X X
North arrow and orientation X X
The exact boundary lines of the tract to be subdivided, fully dimensioned by X X lengths and bearings, and the location of existing boundary lines of adjoining lands The names of owners of adjoining properties X X
The names of any adjoining subdivisions of record X X
Minimum building setback lines X
The zoning classifications of the tract to be subdivided and adjoining properties X
Proposed lot lines, lot numbers and/or block numbers, and dimensions X X
Approximate location of existing buildings or other structures, watercourses, X railroads, bridges, culverts, storm drains, both on the land to be subdivided and land immediately adjoining
The lots numbered consecutively throughout the subdivision X
Approximate location of wooded areas, marshes, swamps, ponds or lakes, streams X or streambeds and any other natural features affecting the site
The approximate location of the flood hazard, floodway and floodway fringe areas X X from the community's FHBM or other FEMA maps
The following data concerning streets:
• Proposed streets X
• Existing and platted streets on adjoining properties and in the proposed X subdivision
• Rights-of-way, locations and dimensions X X
• Payment widths X
• Approximate grades X
• Design engineering data for all corners and curves X
• Typical street cross sections X
• Street names X X The location and dimensionsPROOFS of all: • Utility and other easements X X
• Riding trails X
• Natural buffers X • Pedestrian or bicycle paths X
• Parks and recreation areas with specific type indicated X
• School sites X
• Areas to be dedicated to or reserved for public use X
• The future ownership (dedication or reservation for public use to governmental X body, for owners to duly constituted homeowners' association, or for tenants remaining in subdivider's ownership, or other nonprofits agencies) of recreation and open space lands
Site calculations, including:
• Acreage in total tract to be subdivided X X
• Acreage in parks and recreation areas and other nonresidential uses X
• Total number of parcels created X
• Acreage in the smallest lot in the subdivision X
• Linear feet in streets X
The name and location of any property or buildings within the proposed X X subdivision or within any contiguous property that is located on the U.S. Department of Interior's National Register of Historic Places
Sufficient surveying data to determine readily and reproduce on the ground every X X straight or curved line, street line, lot line, right-of-way line, easement line, and setback line, including dimensions, bearings, or deflection angles, radii, central angles, and tangent distance for the centerline of curved property lines that are not the boundary line of curved streets. All dimensions shall be measured to the nearest one-tenth of a foot and all angles to the nearest minute
The accurate locations and descriptions of all monuments, markers and control X points
Any other information considered by either the subdivision administrator and/or the X X planning board to bePROOFS pertinent to the review of the plat
(Code 2003, § 22-120; Ord. 04-19, § 1(exh. A), 5-20-2004) Sec. 50-111. Recombination of land. (a) Any plat or any part of any plat may be vacated by the owner at any time before the sale of any lot in the subdivision by a written instrument to which a copy of such plat shall be attached, declaring the same to be vacated. (b) Such an instrument shall be approved by the same agencies as approved the final plat. The planning board may reject any such instrument which abridges or destroys any public rights in any of its public uses, improvements, streets or alleys. (c) Such an instrument shall be executed, acknowledged or approved and recorded and filed in the same manner as a final plat; and being duly recorded or filed shall operate to destroy the force and effect of the recording of the plat so vacated, and to divest all public rights in the streets, alleys, and public grounds, and all dedications laid out or described in such plat. (d) When lots have been sold, the plat may be vacated in the manner provided in subsections (a) through (c) of this section by all owners of the lots in such plat joining in the execution of such writing. (Code 2003, § 22-121; Ord. 04-19, § 1(exh. A), 5-20-2004) Sec. 50-112. Re-subdivision procedures. For any re-platting or re-subdivision of land, the same procedures, rules and regulations shall apply as prescribed herein for an original subdivision. (Code 2003, § 22-122; Ord. 04-19, § 1(exh. A), 5-20-2004) Sec. 50-113. Appeals. (a) Decisions by the subdivision administrator relating to minor subdivisions may be appealed to the planning board in accordance with the following procedures: (1) Step 1. The applicant shall notify the subdivision administrator in writing of his intent to appeal the subdivision administrator’s decision within 30 days of denial stating the grounds for the appeal. (2) Step 2. Once the appeal is received the subdivision administrator will place the appeal on the next available planning board agenda for their review. The decision of the planning board shall be final. (b) Decisions by the planning board regarding conditions placed on a plat or disapproval of a plat may be appealed in accordance with the following procedures: (1) Step 1. The subdivider shall file written notice of appeal with the town clerk not later than 30 days after the date of the action by the planning board stating the grounds for appeal. The party or parties appealing shall be entitled to a de novo hearing before the town council. The subdivision administrator shall notify the planning board of the appeal upon receipt of the notice of appeal. The town council in considering the appeal shall have the same authority as the planning board. (2) Step 2. The town clerk shall set a hearing date before the town council within 30 days of receipt of written notice of the appeal, or as soon thereafter as is practicable. The decision of the city council shall be subject to review by the superior court of the county. In order to obtain judicial review of a final decision by the town council, the person seeking review must file a petition in the superior court of the county within 30 days of the final decision of the town council. (Code 2003, § 22-123; Ord. 04-19, § 1(exh. A), 5-20-2004) Sec. 50-114. Sale by reference to an approved preliminary plat for which a final plat has not yet been approved. The provisions of this article shall not prohibit any owner or its agent from entering into contracts to sell or lease by reference to an approved preliminary plat for which a final plat has not yet been properly approved under this chapter subdivisionPROOFS ordinance or recorded with the register of deeds, provided the contract does all of the following: (1) Incorporates as an attachment a copy of the preliminary plat referenced in the contract and obligates the owner to deliver to the buyer a copy of the recorded plat prior to closing and conveyance. (2) Plainly and conspicuously notifies the prospective buyer or lessee that a final subdivision plat has not been approved or recorded at the time of the contract, that no governmental body will incur any obligation to the prospective buyer or lessee with respect to the approval of the final subdivision plat, that changes between the preliminary and final plats are possible, and that the contract or lease may be terminated without breach by the buyer or lessee if the final recorded plat differs in any material respect from the preliminary plat. (3) Provides that if the approved and recorded final plat does not differ in any material respect from the plat referred to in the contract, the buyer or lessee may not be required by the seller or lessor to close any earlier than five days after the delivery of a copy of the final recorded plat. (4) Provides that if the approved and recorded final plat differs in any material respect from the preliminary plat referred to in the contract, the buyer or lessee may not be required by the seller or lessor to close any earlier than 15 days after the delivery of the final recorded plat, during which 15-day period the buyer or lessee may terminate the contract without breach or any further obligation and may receive a refund of all earnest money or prepaid purchase price. (Code 2003, § 22-124; Ord. No. 06-08, § 14, 3-16-2006) Secs. 50-115--50-141. Reserved. DIVISION 3. DESIGN STANDARDS Sec. 50-142. Generally. Each subdivision shall contain the improvements specified in this division, which shall be installed in accordance with the requirements of this article and paid for by the subdivider unless other means of financing is specifically stated in this article. Land shall be dedicated and reserved in each subdivision as specified in this division. Each subdivision shall adhere to the minimum standards of design established by this division. (Code 2003, § 22-141; Ord. of 9-21-1995, § 401) Sec. 50-143. Suitability of land. (a) Generally. (1) The burden of proof that lots and acreage are suitable for development shall rest with the subdivider. A subdivision plat may be disapproved if the planning board determines that insufficient or inadequate data is submitted by the subdivider. (2) Land which has been determined by the planning board, on the basis of engineering or other expert surveys, to pose an ascertainable danger to life or property by reason of its unsuitability for the use proposed shall not be platted for that purpose unless and until the subdivider has taken the necessary measures to correct the conditions and to eliminate the dangers. (3) The planning board shall use all available resources to ascertain the suitability of lots and acreage for development, including, but not limited to, soils for use of septic tanks and drainage characteristics. Expenses created in documenting this data shall be the responsibility of the developer. Fees incurred shall be paid prior to final plat approval. (4) Lots and acreage determined by the planning board to be unsuitable for development shall be so indicated on the final plat and shall not be made available for sale to the public by the subdivider. Such lots and acreage shall not be developed for inhabitable buildings or structures but may be used otherwise for the public or community benefit. (b) Solid waste uses. Areas that have been used for disposal of solid waste shall not be subdivided unless tests by the county health department, a structural engineer and a soils expert determine that the land is suitable for the purpose proposed. PROOFS (c) Flood damage prevention. (1) All subdivision proposals shall be consistent with the need to minimize flood damage. (2) All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize flood damage. (Code 2003, § 22-142; Ord. of 9-21-1995, § 402) Sec. 50-144. Name duplication. The name of the subdivision shall not duplicate nor closely approximate the name of an existing subdivision within the county. The name of streets shall not duplicate nor closely approximate the name of any existing street within the county. (Code 2003, § 22-143; Ord. of 9-21-1995, § 403) Sec. 50-145. Subdivision design. (a) In general. (1) The lengths, widths and shapes of blocks and block lengths shall be determined with due regard to: a. Provision of adequate building sites suitable to the special needs of the type of use contemplated; b. Zoning requirements; c. Needs for vehicular and pedestrian circulation; d. Control and safety of street traffic; and e. Limitations and opportunities of topography. (2) Block length. Block lengths shall not be less than 400 feet or more than 1,800 feet. Block lengths in the C-2 zoning district shall include the total distance measured along front property lines between intersecting public streets or approved private streets, rights-of-way, or easements leading directly to a public street, as regulated in section 50-146(a) 22-145 subdivision design, types of streets required. (3) Blocks shall have sufficient width to allow two tiers of lots of minimum depth except where single-tier lots are required to separate residential development from through vehicular traffic or another type of use, in nonresidential subdivisions, or where abutting a water area. (4) Where deemed necessary by the planning board, a pedestrian crosswalk at least 15 feet in width may be required to provide convenient public access to a public area such as a park or school, or to areas such as shopping centers, religious or transportation facilities. (5) Block numbers shall conform to the town street numbering system if applicable. (b) Lots. (1) All lots in new subdivisions shall conform to the zoning requirements of the district in which the subdivision is located. Conformance to zoning requirements means, among other things, that the smallest lot in the subdivision must meet all dimensional requirements of chapter 66. It is not sufficient merely for the average lot to meet zoning requirements. (2) Lots shall meet any applicable county health department requirements. (3) Double-frontage lots shall be avoided wherever possible. (4) Side lot lines shall be substantially at right angles to radial street lines. (5) To promote energy conservation, lots in the subdivision shall, to the extent possible in light of topographic and other considerations, face streets which run in an east-west direction, to provide greater opportunity for south orientation of windows in buildings. In manufactured home subdivisions, if units will be sited with the long axis perpendicular to the street, lots shall, to the extent possible, face streets which run in a north-south direction. (6) New subdivisions of townhouse lots are exempt from section 50-146, 22-145, streets, provided: a. The proposedPROOFS townhouse subdivision shall abut a public street or a proposed public street. b. Town staff approves the traffic circulation within the townhouse subdivision. c. Access and street surfacing shall be adequate to provide for emergency services, deliveries and refuse collection. Pavement designs must have a minimum thickness of six inches of ABC base course and two inches of pavement surface. d. Driveways and streets within a townhouse subdivision must have a minimum width of 22 feet of pavement. A minimum two-foot, six-inch concrete vertical curb and gutter shall be used. A two- foot, six-inch (concrete valley curb and gutter may be used only if there is a minimum 48-inch separation between the back of curb and front edge of sidewalk. e. A minimum 35-foot utility easement over all driveways and streets shall be recorded and deeded to the town. f. Sidewalks may be required by the planning board on one or both sides of the street. Such sidewalks shall be constructed to a minimum width of five feet and shall consist of a minimum of thickness of four inches of concrete and a minimum four inches of ABC base course. Sidewalks shall consist of a minimum of six inches of concrete at driveway crossings. g. Townhouse lots need not abut a public street provided every dwelling unit shall be provided access to their property via either a private vehicular or pedestrian way owned by the lot owner in fee or in common ownership with a property owners association. h. Prior to final plat approval, an incorporated property owners’ association shall be established with funding, maintenance and enforcement provisions for the common area, for internal traffic circulation and parking areas. (c) Easements. Easements shall be provided as follows: (1) Utility easements. Easements for underground or aboveground utilities shall be provided, where necessary, across lots or centered on rear or side lot lines and shall be at least 20 feet wide for water and sanitary sewer lines and as required by the companies involved, for telephone, gas and power lines. The planning board will determine whether one easement is sufficient or whether several easements are necessary to accommodate the various facilities and the subdivider shall provide the required easements. (2) Drainage easements. Where a subdivision is traversed by a stream or drainageway, an easement shall be provided conforming with the lines of such stream and of sufficient width as will be adequate for the purpose. Provisions for the future maintenance and upkeep of all drainage easements shall be approved by the planning board prior to plat approval, and such provisions shall be included with the final plat. (d) Dwelling units exceeding 90. Any proposed development with up to 90 residential units shall be required to provide: (1) A minimum of one connection to the existing public network; and (2) A minimum of one connection (or stub-out if adjacent property has not been developed) to adjacent properties or an additional connection to the public network. When the planning board deems a vehicular connection is impractical due to environmental constraints as indicated on the approved collector street suitability map, they may remove the requirement for an additional connection described in subsection (d)(2) of this section or require non-motorized connections in lieu of the vehicular connection. Furthermore, any new development or additions to existing developments such that the total number of dwelling units exceeds 90 shall be required to provide for vehicular access to at least two public streets. (Code 2003, § 22-144; Ord. of 9-21-1995, § 404; Ord. No. 07-27, § 1, 10-18-2007; Ord. No. 14-03, § 1, 1-16-2014; Ord. No. O17-005, § 2, 4-20-2017) Sec. 50-146. Streets. (a) Types of streets required. All subdivision lots shall abut on a public street, with the exception of commercial uses located within the C-2 zoning district which shall abut on a public street or an approved private street, right-of-way or easement leading directly to a public street. All subdivision streets shall be dedicated to the town. All public streets PROOFSshall be built to the standards of this article and all other applicable standards of the town and the state department of transportation. Public streets shall be constructed to the standards necessary to be put on the state highway system or the standards in this article, whichever is stricter in regard to each particular item, and shall be put on such system. A written maintenance agreement with provisions for maintenance of the street until it is put on the town's system shall be included with the final plat. Private streets, rights-of-way and easements shall be subject to approval and shall be constructed in accordance with the town's parking, loading, driveway and sidewalk requirements as well as the applicable street design standards. (b) Subdivision street disclosure statement. All streets shown on the final plat shall be designated in accordance with G.S. 136-102.6 and designation as public shall be conclusively presumed an offer of dedication to the public. Where streets are dedicated to the public but not accepted into a municipal or state system, before lots are sold, a statement explaining the status of the street shall be included with the final plat. The provisions outlined in subsection (a) of this section will apply. (c) Half streets. The dedication of half streets of less than 60 feet at the perimeter of a new subdivision shall be prohibited. If circumstances render this impracticable, adequate provision for the concurrent dedication of the remaining half of the street shall be furnished by the subdivider. Where there exists a half street in an adjoining subdivision, the remaining half shall be provided by the proposed subdivision. However, in circumstances where more than 60 feet of right-of-way is required, a partial width right-of-way, not less than 60 feet in width, may be dedicated when adjoining undeveloped property is owned or controlled by the subdivider; provided that the width of the partial dedication is such as to permit the installation of such facilities as may be necessary to serve abutting lots. When the adjoining property is subdivided, the remainder of the full required right-of-way shall be dedicated. (d) Marginal-access streets. Where a tract of land to be subdivided adjoins a principal arterial street, the subdivider may be required to provide a marginal-access street parallel to the arterial street or reverse frontage on a minor street for the lots to be developed adjacent to the arterial. Where reverse frontage is established, private driveways shall be prevented from having direct access to the principal arterial. (e) Access to adjacent properties. Roadway interconnections will be provided between the development site and its adjacent properties as specified for the zoning district classification. (1) R-20, RMH, C-3. a. Local street (minor). Development properties zoned R-20, RMH, or C-3 shall provide roadway interconnections between the development site and its adjacent properties with a minimum of at least one residential local subdivision road interconnection every 2,500 linear foot increment for each direction (north, south, east, west) in which the development property abuts. 1. There shall be at least 750 linear feet between interconnections. 2. The planning board may delay the interconnection if such interconnection requires state approval. 3. A residential collector road may be substituted in place of a residential local subdivision road. 4. If the common property boundary in any direction is less than 2,500 linear feet, the subject property will be required to provide an interconnection if it is determined by the planning board that the interconnection in that direction can best be accomplished through the subject property. 5. When the planning board deems a vehicular connection is impractical due to environmental constraints, as indicated on the approved collector street suitability map, the board may: (i) Increase the length requirement; or (ii) Require non-motorized connections in lieu of the vehicular connection; or (iii) Reduce the number of required. 6. When the planning board requires a non-motorized connection in lieu of the vehicular connection, the board shall determine, as part of its approval, if the construction of the non- motorized connection and its recording as a public easement is required at the time of developmentPROOFS or if it shall be recorded as a public easement and not constructed. b. Minor thoroughfare (collector). Development properties zoned R-20, RMH, or C-3 shall provide roadway interconnections between the development site and its adjacent properties with a minimum of at least one residential collector road interconnection every 8,000 linear feet for each direction (north, south, east, west) in which the development property abuts. 1. The planning board may delay the interconnection if such interconnection requires state approval. 2. If the common property boundary in any direction is less than 8,000 linear feet, the subject property will be required to provide an interconnection if it is determined by the planning board that the interconnection in that direction can best be accomplished through the subject property. 3. When staff recommends that a vehicular connection is impractical due to environmental constraints, as indicated on the approved collector street suitability map, the planning board may reduce the number of required connections or modify the collector street location so as to conform with the town's latest collector street plans. c. Effect of traffic impact analysis on connectivity standards. A property owner or developer may submit a traffic impact analysis, per section 66-316. The recommendations of the TIA, as approved per section 66-316, may be substituted for the requirements of this section, upon planning board approval. d. Connections to property outside of town boundaries. Any required interconnection, whether pedestrian or vehicular, may be waived by the planning board, or the town council in the case of PUD developments, should it be determined that the adjoining property is not within the town's jurisdiction and a low probability of annexation exists. (2) R-15, C-1, C-2, O&I. a. Local street (minor). Development properties zoned R-15, C-1, C-2, or O&I shall provide roadway interconnections between the development site and its adjacent properties with a minimum of at least one residential local subdivision road interconnection every 2,000 linear foot increment for each direction (north, south, east, west) in which the development property abuts. 1. There shall be at least 1,000 linear feet between interconnections. 2. The planning board may delay the interconnection if such interconnection requires state approval. 3. A residential collector road may be substituted in place of a residential local subdivision road. 4. If the common property boundary in any direction is less than 2,000 linear feet, the subject property will be required to provide an interconnection if it is determined by the planning board that the interconnection in that direction can best be accomplished through the subject property. 5. When the planning board deems a vehicular connection is impractical due to environmental constraints, as indicated on the approved collector street suitability map, the board may: (i) Increase the length requirement; or (ii) Require non-motorized connections in lieu of the vehicular connection; or (iii) Reduce the number of required. 6. When the planning board requires a non-motorized connection in lieu of the vehicular connection, the board shall determine, as part of its approval, if the construction of the non- motorized connection and its recording as a public easement is required at the time of development or if it shall be recorded as a public easement and not constructed. b. Minor thoroughfare (collector). Development properties zoned R-15, C-1, C-2, or O&I shall provide roadway interconnections between the development site and its adjacent properties with a minimumPROOFS of at least one residential collector road interconnection every 5,000 linear feet for each direction (north, south, east, west) in which the development property abuts. 1. The planning board may delay the interconnection if such interconnection requires state approval. 2. If the common property boundary in any direction is less than 5,000 linear feet, the subject property will be required to provide an interconnection if it is determined by the planning board that the interconnection in that direction can best be accomplished through the subject property. 3. When staff recommends that a vehicular connection is impractical due to environmental constraints, as indicated on the approved collector street suitability map, the planning board may reduce the number of required connections or modify the collector street location so as to conform with the town's latest collector street plans. c. Effect of traffic impact analysis on connectivity standards. A property owner or developer may submit a traffic impact analysis, per section 66-316. The recommendations of the TIA, as approved per section 66-316, may be substituted for the requirements of this section, upon planning board approval. d. Connections to property outside of town boundaries. Any required interconnection, whether pedestrian or vehicular, may be waived by the planning board, or the town council in the case of PUD developments, should it be determined that the adjoining property is not within the town's jurisdiction and low probability of annexation exists. (3) R-6, MF, PUD. a. Local street (minor). Development properties zoned R-6, MF, or PUD shall provide roadway interconnections between the development site and its adjacent properties with a minimum of at least one residential local subdivision road interconnection every 1,000 linear foot increment for each direction (north, south, east, west) in which the development property abuts. 1. There shall be at least 500 linear feet between interconnections. 2. The planning board, town council in the case of PUD developments, may delay the interconnection if such interconnection requires state approval. 3. A residential collector road may be substituted in place of a residential local subdivision road. 4. If the common property boundary in any direction is less than 1,000 linear feet, the subject property will be required to provide an interconnection if it is determined by the planning board, town council in the case of PUD developments, that the interconnection in that direction can best be accomplished through the subject property. 5. When the planning board deems a vehicular connection is impractical due to environmental constraints, as indicated on the approved collector street suitability map, the board may: (i) Increase the length requirement; or (ii) Require non-motorized connections in lieu of the vehicular connection; or (iii) Reduce the number of required connections. 6. When the planning board requires a non-motorized connection in lieu of the vehicular connection, the board shall determine, as part of its approval, if the construction of the non- motorized connection and its recording as a public easement is required at the time of development or if it shall be recorded as a public easement and not constructed. b. Minor thoroughfare (collector). Development properties zoned R-6, MF, or PUD shall provide roadway interconnections between the development site and its adjacent properties with a minimum of at least one residential collector road interconnection every 3,000 linear feet for each direction (north, south, east, west) in which the development property abuts. 1. ThePROOFS planning board, town council in the case of PUD developments, may delay the interconnection if such interconnection requires state approval. 2. If the common property boundary in any direction is less than 3,000 linear feet, the subject property will be required to provide an interconnection if it is determined by the planning board, town council in the case of PUD developments, that the interconnection in that direction can best be accomplished through the subject property. 3. When staff recommends that a vehicular connection is impractical due to environmental constraints, as indicated on the approved collector street suitability map, the planning board, town council in the case of PUD developments, may reduce the number of required connections or modify the collector street location so as to conform with the town's latest collector street plans. c. Effect of traffic impact analysis on connectivity standards. A property owner or developer may submit a traffic impact analysis, per section 66-316. The recommendations of the TIA, as approved per section 66-316, may be substituted for the requirements of this section, upon planning board, town council in the case of PUD developments, approval. d. Connections to property outside of town boundaries. Any required interconnection, whether pedestrian or vehicular, may be waived by the planning board, or the town council in the case of PUD developments, should it be determined that the adjoining property is not within the town's jurisdiction and low probability of annexation exists. (4) Planned unit developments approved prior to September, 2015. Notwithstanding anything to the contrary in subsection (e)(3) of this section, the following shall apply to planned unit developments approved prior to September, 2015, in accordance with section 66-313: a. Existing PUD districts with master land use plans approved prior to September, 2015 in accordance with section 66-313 shall provide roadway interconnections between the development site and adjacent properties as shown on the most recently adopted master land use plan or applicable site specific plan. In approving any amendment to, placing any condition on or making any modification to the master land use plan or any site specific plan for such a PUD district, the town council may reduce but shall not have the authority to increase the number or vary the location of such roadway interconnections shown on the most recently adopted master land use plan or applicable site specific plan and shall consider the following criteria in making any amendment: 1. Connections identified on the adopted collector street plan map; 2. Connections identified on the town's adopted street infill map; 3. Potential impacts on surrounding properties and existing neighborhoods; 4. Jurisdiction of adjacent properties; and 5. Environmental conditions. b. Provided that nothing contained herein shall prevent the town council from approving new additional roadway interconnections to adjacent properties or relocating existing roadway interconnections to adjacent properties if requested to do so by the PUD district developer or owner. (f) Nonresidential streets. The subdivider of a nonresidential subdivision shall provide streets in accordance with the standards contained in the most current edition of the North Carolina Roads, Minimum Construction Standards booklet, and the standards in this article, whichever are stricter in regard to each particular item. (g) Design standards. The design of all streets and roads within the jurisdiction of this article shall be in accordance with the accepted policies of the state department of transportation, division of highways, as taken or modified from the American Association of State Highway Officials (AASHO) manuals. The most current edition of the state department of transportation, division of highways subdivision roads minimum construction standards, shall apply for any items not included in this article, or where stricter than this article. (h) Right-of-way widths of all streets and roads within the jurisdiction of this article shall conform to the most current edition of the state department of transportation, division of highways subdivision roads minimum construction standards. AllPROOFS other restrictions on such right-of-way widths as set forth in said standards shall apply. (i) Street paving widths. Paving widths for street and road classifications shall be as required by the mutually adopted thoroughfare plan, where applicable, and according to the minimum standards adopted by the state department of transportation. (j) Minimum sight distances. In the interest of public safety, no less than the minimum sight distance applicable (for roads), according to the state department of transportation, shall be provided in every instance. (k) Intersections. (1) Streets shall be laid out so as to intersect as nearly as possible at right angles, and no street shall intersect any other street at an angle less than 60 degrees. (2) Property lines at intersections should be set so that the distance from the edge of pavement, of the street turnout, to the property line will be at least as great as the distance from the edge of pavement to the property line along the intersecting streets. This property line can be established as a radius or as a sight triangle. Greater offsets from the edge of pavement to the property line will be required, if necessary, to provide sight distance for the vehicle on the side street. (3) Offset intersections are to be avoided unless exception is granted by the state division of highways. Intersections which cannot be aligned should be separated by a minimum length of 200 feet between survey centerlines. (4) Intersections with arterials, collectors and thoroughfares shall be at least 1,000 feet from centerline to centerline, or more if required by the state department of transportation. (l) Cul-de-sacs. Permanent dead-end streets should not exceed 500 feet in length unless necessitated by topography or property accessibility and in no case shall be permitted to be over 900 feet. Measurements shall be from the point where the centerline of the dead-end street intersects with the center of the turnaround of the cul-de- sac. Where one cul-de-sac intersects with another cul-de-sac, the end of each cul-de-sac shall be no more than 500 feet to 900 feet from a through street, measured as stated in this subsection. The distance from the edge of pavement on the vehicular turnaround to the right-of-way line shall not be less than the distance from the edge of pavement to right-of-way line on the street approaching the turnaround. Cul-de-sacs should not be used to avoid connection with an existing street or to avoid the extension of an important street unless exception is granted by the planning board. (m) Alleys. (1) Alleys shall be required to serve lots used for commercial and industrial purposes, except that this requirement may be waived where other definite and ensured provision is made for service access. (2) Alleys shall not be provided in residential subdivisions unless necessitated by unusual circumstances. (3) The width of an alley shall be at least 20 feet. (4) Dead-end alleys shall be avoided where possible but if unavoidable, shall be provided with adequate turnaround facilities at the dead-end as may be approved by the planning board. (5) Sharp changes in alignment and grade shall be avoided. (6) All alleys shall be designed in accordance with state department of transportation standards. (n) Through traffic discouraged on residential collector and local streets. Residential collector and local streets shall be laid out in such a way that their use by through traffic will be discouraged. Streets shall be designed or walkways dedicated to ensure convenient access to parks, playgrounds, schools or other places of public assembly. (o) Multimodal design provisions. Sidewalks (or similar walkways) shall be required along all new streets (public and private) and shall be a minimum of five feet on both sides of the street or eight feet on one side of the street. The use of bicycle friendly design treatments (wide outside lanes, sharrows, dedicated routes, bike lanes, shared use paths or other similar facilities) is encouraged. Such sidewalks shall consist of a minimum thickness of four inches of concrete. All sidewalks shall be placed in the right-of-way unless the development is platted as a planned unit or group development. Sidewalks shall consist of a minimum of six inches of concrete at driveway crossings. PROOFS (p) Street names. Proposed streets which are obviously in alignment with existing streets shall be given the same name. In assigning new names, duplication of existing names shall be avoided; and in no case shall the proposed name be phonetically similar to existing names in the county irrespective of the use of a suffix such as street, road, drive, place, court, etc. Street names shall be subject to approval of the planning board. (q) Street name and traffic control signs. The subdivider shall be required to provide and erect street name and traffic control signs to town standards at all appropriate locations within the subdivision. (r) Permits for connection to state roads. An approved permit is required for connection to any existing state road system. This permit is required prior to any construction on the street or road. The application is available at the office of the nearest district engineer of the state division of highways. (s) Wheelchair ramps. In accordance with G.S. 136-44.14, all street curbs in the state being constructed or reconstructed for maintenance procedures, traffic operations, repairs, correction of utilities or altered for any reason shall provide wheelchair ramps for the physically handicapped at all intersections where both curb and gutter and sidewalks are provided and at other major points of pedestrian flow. (t) Horizontal width on bridge deck. (1) The clear roadway widths for new and reconstructed bridges serving two lane, two-way traffic shall be as follows: a. Shoulder section approach. 1. Under 800 ADT design year, minimum 28 feet width face-to-face of parapets or rails or pavement width plus ten feet, whichever is greater. 2. Eight hundred to 2,000 ADT design year, minimum 34 feet width face-to-face of parapets or rails or pavement width plus 12 feet, whichever is greater. 3. Over 2,000 ADT design year, minimum 40 feet. Desirable 44 feet width face-to-face of parapets or rails. b. Curb and gutter approach. 1. Under 800 ADT design year, minimum 24 feet face-to-face of curbs. 2. Over 800 ADT design year, width of approach pavement measured face-to-face of curbs. Where curb and gutter sections are used on roadway approaches, curbs on bridges shall match the curbs on approaches in height, in width of face-to-face curbs, and in crown drop. The distance from face to curb to face of parapet or rail shall be one foot six inches minimum, or greater if sidewalks are required. (2) The clear roadway widths for new and reconstructed bridges having four or more lanes serving undivided two-way traffic shall be as follows: a. For shoulder section approach, width of approach pavement plus width of usable shoulders on the approach left and right, minimum eight feet, desirable ten feet. b. For curb and gutter approach, width of approach pavement measured face-to-face of curbs. (u) Dedication of street right-of-way. If any portion of property to be subdivided is included within a corridor for a street on a plan established and adopted pursuant to G.S. 136-66.2, the subdivider shall be obligated to dedicate a right-of-way for such street within that corridor in accordance with the provisions of G.S. 136-66.10. (v) No restriction for public use. Except as provided in subsection (x) of this section, streets in a subdivision or PUD shall not be gated or otherwise restricted for public use. (w) Additional requirements for collector streets. Collector streets shall be designed in a manner that promotes community connectivity while simultaneously promoting appropriate travel speeds within neighborhoods. NCDOT complete streets design standards shall be applied for collector streets with the expressed intent of promoting community mobility. Furthermore, the use of approved traffic calming devices are permitted along existing collector streets. Future collector streets should include a combination of design elements (i.e., active and passive traffic calming techniques)PROOFS to ensure that new streets do not encourage excessive speeds. (x) Private streets; gated communities. Notwithstanding anything in this article to the contrary, subdivisions with exclusively private streets and restricted public access points ("gated communities") shall be approved, provided the conditions in this section are satisfied. (1) Private streets or gated communities shall not obstruct any identified corridor, proposed road connection, or bicycle or pedestrian pathways identified on the approved plans, including, but not limited to, collector street plans, infill maps, bicycle plans, pedestrian plans, or other recognized transportation plans. Streets and connections identified within any of these plans shall be designated as public, shall not be gated, and shall remain open for public use. (2) All pedestrian and bicycle pathways, to include sidewalks, multi-use paths, and on-street bike lanes, shall be recorded on final plats as a public easements. (3) Any or all required points of vehicular access in a subdivision may provide access restrictions in the form of an electronically-controlled gate, so long as such gate may be opened by emergency responders by way of siren activation or other method approved by the town. During times of emergency evacuation (such as a natural disaster), gates shall be required to be opened to provide alternative evacuation routes at the discretion of town officials. (4) All internal streets in a gated community shall be designated private and maintained as such by a private owner or property owners’ association. Private streets shall conform to the same standards provided for the design and construction of public streets. (5) Bicycle lanes and sidewalks, or similar walkways, constructed to the standards set out in subsection (o) of this section, shall be required along all private streets in a gated community. The use of additional or alternative pedestrian and bicycle friendly design treatments, such as wide outside lanes, sharrows, dedicated routes, shared use paths or other similar facilities, may be permitted with approval of the planning board or town council in the case of PUDs. Public access for pedestrian and bicycle traffic at required points of access in a gated community shall not be restricted by electronically-controlled gates or otherwise. (6) All entry gates and their associated control devices shall be constructed a sufficient distance from the public street providing access to the gated community to allow for the stacking of at least 100 feet approaching the entry gate from such public street right-of-way. (7) Entry gates shall be designed so as to minimize impact of waiting traffic on public streets. This may include multiple lanes, and or separate lanes designated for residents and for delivery or nonresident traffic. (8) The planning board, or town council in the case of PUDs, may require a turn lane along existing streets should conditions warrant. (9) In the case of emergency, as determined by town officials, all gates shall be locked in the open position so as to allow free flow of traffic. (10) A gated community shall comply with all requirements and standards applicable to any other subdivision in the town except to the extent any such requirement or standard is specifically superseded by this section. (11) Private streets/gated communities shall be permitted in all town zoning districts other than FlexCode Zone (FCZ) or Transect Zones (T1, T2, T3, T4, T4O, T5). (Code 2003, § 22-145; Ord. of 9-21-1995, § 405; Ord. No. 95-SD1, § 405.1, 10-19-1995; Ord. No. 03-10, § 1, 4-17-2003; Ord. No. 12-04, § 1, 4-19-2012; Ord. No. 12-05 , § 1, 6-21-2012; Ord. No. 14-04, § 1, 2-20-2014; Ord. No. 14-05, § 1, 2-20-2014; Ord. No. 14-06, § 1, 1-16-2014; Ord. No. 14-12, § 1, 5-15-2014; Ord. No. 15-20, § 1, 10-15-2015; Ord. No. 15-15, § 2, 1-21- 2016; Ord. No. > 16-07 , §§ 1, 2, 4-21-2016; Ord. No. O17-009, § 1, 6-22-2017) State law reference—Unit ownership act, G.S. 47A-1 et seq. Sec. 50-147. Utilities.64 (a) Water and sanitaryPROOFS sewer system. All lots in subdivisions not connected to the county a public water system and/or any sewer system must have a suitable source of water supply and sanitary sewage disposal, which complies with the regulations of the appropriate permitting agency. Lots connected to private utility systems shall
64 Legal Analysis: Code 2003, § 22-146. Utilities. Chapter 26 relates to a municipal wastewater system, whereas this section refers to county system. Which is it? In subsection (9), reference flood hazard provisions of chapter 16 and phase II stormwater of chapter 32? Revised per 10/23/17 email from attorney submit evidence authorizing the connection from the permitting agency. It will be compulsory for all lots to be connected to public or private utility systems where available. (b) Stormwater drainage system. (1) The subdivider shall provide a surface water drainage system as it relates to streets and constructed to the standards of the state department of transportation, as reflected in the Handbook for the Design of Highway Surface Drainage Structures (1973), subject to review by the town's consulting engineer. (2) No surface water shall be channeled or directed into a sanitary sewer. (3) Where feasible, the subdivider shall connect to an existing surface water drainage system. (4) Where an existing surface water drainage system cannot feasibly be extended to the subdivision, a surface drainage system shall be designed to protect the proposed development from water damage. (5) Surface drainage courses shall have side slopes of at least three feet of horizontal distance for each one foot of vertical distance; and courses shall be of sufficient size to accommodate the drainage area without flooding and designed to comply with the standards and specifications for erosion control of the North Carolina Sedimentation Pollution Control Act, G.S. 113A-50 et seq.; 15A NCAC 04; and any locally adopted erosion and sedimentation control ordinances. (6) The minimum grade along the bottom of a surface drainage course shall be a vertical fall of at least one foot in each 200 feet of horizontal distance. (7) Stream banks and channels downstream from any land disturbing activity shall be protected from increased degradation by accelerated erosion caused by increased velocity of runoff from the land disturbing activity in accordance with the North Carolina Sedimentation Pollution Control Act, G.S. 113A-50 et seq., and 15A NCAC 04. (8) Anyone constructing a dam or impoundment within the subdivision must comply with the North Carolina Dam Safety Law of 1967, G.S. 143-215.23 et seq., and 15A NCAC 2K. (9) In all areas of special flood hazard, all subdivision proposals shall have adequate drainage provided to reduce exposure to flood damage, and shall comply with chapter 26 of this code. Stormwater drainage as it relates to runoff shall be controlled on-site without the benefit of engineered systems which require intensive maintenance by the property owner. Consequently, the maximum lot coverage as provided for in chapter 66, pertaining to zoning requirements, shall be adhered to in order to contain stormwater runoff. (10) When there is a natural stream traversing property subject to this article and beavers and/or animals which may cause a problem (flooding) are present, the developer shall take whatever measures necessary to eliminate the animals in accordance with the law. Once every effort has been expended to eliminate the problem, the town will thereafter assume responsibility for problems created by indigenous wildlife. __ Streetlights. All subdivisions in which the size of the smallest lot is less than 10,000 square feet shall have streetlights installed throughout the subdivision in accordance with the standards approved by the planning board. The developer shall be required to pay to the electric company the cost of streetlighting installation that exceeds four times the continuing annual revenue. If underground wiring of streetlighting is requested by the developer or the town, the developer may be required to install all fixed items such as conduit, pads, manholes and pole foundations; the town will own and maintain the fixed items. (c) UndergroundPROOFS wiring. All subdivisions shall have underground wiring. Such underground wiring is required without opportunity for waiver. Such underground wiring shall be installed in accordance with the standards of Carolina Power and Light Company. The subdivider shall be required to pay the charges for installation of the underground service, which charges will be made in accordance with the effective underground electric service plan as filed with the state utilities commission. (Code 2003, § 22-146; Ord. of 9-21-1995, § 406; altered in 2018 recodification) State law reference—Dam Safety Law, G.S. 143-215.23 et seq. Sec. 50-148. Street lighting. (a) General policies. (1) The town provides street lighting on all open, town-owned and certain state department of transportation public streets within the corporate limits for the purposes of traffic and pedestrian safety. Except for ornamental lighting located in the central business district or areas designated by town council, streetlights are the property of Duke Energy Progress, Incorporated (DEP) or Brunswick Electric Membership Corporation (BEMC) and are leased to the town under a contract. The town determines the location of all lights to be placed on the public rights-of-way and pays a monthly service charge to DEP or BEMC for operation and maintenance of standard lights. The town will not pay for lights on private roads, alleys, parking lots or other private property. (2) Streetlights shall be selected from the DEP standard light service schedule or the BEMC standard outdoor lighting schedule. The town will fund streetlights that meet the criteria outlined herein that do not exceed a $21.00 monthly charge for any one light (including any additional fees or charges associated with the light). The standard streetlight shall be installed on a wooden pole in areas served from overhead facilities and on a fiberglass pole in areas served from underground facilities. No service charge will be made to adjacent property owners for the operation, and maintenance of these fixtures. (3) The town encourages the use of light emitting diode (LED) fixtures in new installations. Beginning January 1, 2016, all newly installed fixtures shall be LED. (4) The town will fund nonstandard lighting only in areas designated by the town council. Incorporated associations desiring street lighting in other areas must comply with the criteria outlined herein. (b) Minimum roadway lighting standards. (1) Major thoroughfares. Streetlights shall be 16,000—50,000 lumens or the equivalent LED and spaced approximately 350 feet apart. In areas served by overhead facilities the spacing may be determined by location of existing poles. (2) Residential and collector streets. Streetlights shall be 9,500 lumens or the equivalent LED and spaced approximately 300 feet. In areas served by overhead facilities the spacing may be determined by the location of existing power poles. (3) State-maintained streets will be lighted according to the above standards or at the state department of transportation standards. (4) All open, public streets will have a light at each intersection located outside of the sight triangle. (5) The town manager or designee may vary these standards when it is determined that adverse topography, roadway geometrics and design, the presence of natural vegetation, or any other adverse conditions exist. In such instances, the town manager or designee may increase or reduce spacing or cluster lights to prevent a hazardous condition. (c) Requests for new or additional streetlights. (1) All requests for new streetlights will be submitted to the town manager or designee who shall review and approve any new streetlights meeting the criteria established herein. Approved requests may either be implemented using current funds if available or included in the proposed budget for the forthcoming year. (2) The town managerPROOFS or designee shall submit all requests for streetlights for personal safety or property safety in excess of the guidelines established herein to the police chief or designee for review. The town manager or designee will not authorize any such lights without the approval of the police chief or designee. The police chief or designee will support all approvals and requests for street lighting with crime data. Approved requests may either be implemented using current funds if available or included in the proposed budget for the forthcoming year. (3) If new wiring is required to serve a streetlight and the wire crosses private property, the affected property owners must agree to its installation, whether overhead or underground. (d) Street lighting in new subdivisions. (1) Developers shall bear any installation costs associated with streetlights, if applicable. In areas served from underground facilities, the developers shall pay the one-time underground contribution charge, if applicable. (2) Streetlights in new subdivisions will be reviewed through the subdivision process and must meet criteria established herein. (3) The town manager or designee will coordinate plaza plantings and streetlight locations to minimize the obstruction of light by vegetation. (e) Nonstandard and ornamental street lighting. (1) Town-funded ornamental lighting will be restricted to areas designated by town council. (2) In areas where special conditions indicate the need for nonstandard lighting, the town manager or designee may investigate alternate lighting methods and submit a lighting plan and cost estimate to the town council. If the plan and funding is approved, the staff will coordinate authorization and installation. (3) An incorporated property or unincorporated homeowners’ association, corporation, limited liability company or partnership ("property management entity" or "PME") that desires street lighting other than the standard street lighting may enter into a nonstandard street light agreement with the town. a. For areas served by DEP, the POA/HOA or developer will contract with the DEP for the installation, operation and maintenance of the nonstandard lighting. The street lighting plan must provide lighting at a level that meets the minimum requirements of the town. Upon right-of-way dedication, the town will reimburse the association for the monthly service charge the amount it would pay for equivalent standard streetlights meeting the minimum standards established herein. Any unincorporated association shall provide the town with a copy of its organizational documents. In addition, each association shall provide the town with a tax identification number prior to any reimbursement under the nonstandard street light agreement. Each association also shall provide the town a copy of its agreement with DEP for street lighting. b. For areas serviced by BEMC, the POA/HOA or developer will contract with the BEMC to pay an upfront fee that will reduce the monthly service charge for the installation, operation and maintenance of the nonstandard lighting to the same monthly fee as the equivalent standard streetlight. Upon right-of-way dedication, the town will contract with BEMC to pay the monthly rate of the equivalent standard lighting. The association must provide the town a copy of its agreement with BEMC for street lighting. The street lighting plan must provide lighting at a level that meets the minimum requirements of the town. (f) Outages. Streetlight outages shall be reported to DEP or BEMC for repair. (Code 2003, § 22-147; Ord. No. 14-21, § 1, 12-18-2014) Sec. 50-149. Buffering, recreation and open space requirements. (a) Buffering. Whenever a residential subdivision is located adjacent to an office, institutional, commercial or industrial use which does not have a buffer, or property zoned for these uses, and a buffer is not required between these uses and the subdivision, the subdivider shall provide a buffer as determined by the planning board. The width of the buffer shall be in addition to the lot area required by chapter 66, pertaining to zoning requirements. The buffer shall become part of thePROOFS lot on which it is located or in the case of commonly owned property, shall be deeded to the homeowners' association. (b) Recreation and open space. Every person who subdivides land for residential purposes shall be required to dedicate a portion of such land, as set forth in this article for the purposes of park, recreation and open space sites to serve the residents of the subdivision. The amount of land required to be dedicated by a subdivider shall be based on a formula. The actual amount of land to be dedicated shall be determined as follows: The minimum amount of land that shall be dedicated for recreation, parks or open space in all subdivisions shall be one-half acre for each subdivision or five percent of the gross acreage, whichever is greater. No parcels containing less than one-half acre shall be accepted. All land so dedicated shall have at least 20 feet of access upon a public street or walkway; and the size, shape, topography and subsoils of the dedicated land shall be such as to be usable for active recreation. (c) Suitability of land. Criteria for evaluating suitability of proposed recreation, parks and open space areas shall include, but are not limited to the following as determined by the planning board, in consultation with the town recreation councilmember: (1) Unity. The dedicated land shall be a single parcel except where it is determined that two or more parcels would be in the public interest. The planning board may require that parcels be connected and may require the dedication of a connecting path of up to 60 feet and in no case less than 30 feet in width in addition to the land required in subsection (b) of this section. (2) Location. The dedicated land shall be located so as to serve the recreation needs of the immediate neighborhood within the subdivision. (3) Accessibility. Public access to the dedicated land shall be provided either by an abutting street or public easement. Such easement may be required to be up to 60 feet in width and shall in no case be less than 30 feet in width. (4) Usability. The dedicated land shall be usable for active recreation (play areas, ballfields, tennis courts, or similar recreation uses). Lakes may not be included in computing amount of land to be dedicated unless acceptable to the planning board. If the planning board determines that active recreation needs are being met by other dedicated parcels or existing recreation facilities, land that is suitable for open space may be dedicated. (5) Adjustments authorized. The town council may, in cases of unusual or exceptional nature, allow adjustments in the dedication requirements established in or required by this article. Such adjustments shall be reviewed by the planning board before action by the town council. (6) Easements. Conservation and historic preservation easements shall comply with G.S. 121-34-42. All facilities and improvements and open spaces which the owner makes an offer of dedication to public use shall be maintained by the owner until such offer of dedication is accepted by the appropriate public authority. (Code 2003, § 22-148; Ord. of 9-21-1995, § 407; Ord. No. 14-21, § 2, 12-18-2014) Editor's note— Ord. No. 14-21, § 2, adopted December 18, 2014, renumbered the former sections 22-147 and 22-148 as sections 22-148 and 22-149. The historical notation has been preserved for reference purposes. Sec. 50-150. Other requirements. (a) Placement of monuments. Unless otherwise specified by this article, the Manual of Practice for Land Surveying as adopted by the state board of registration for professional engineers and land surveyors, under the provisions of 21 NCAC 56, shall apply when conducting surveys for subdivisions; to determine the accuracy for surveys and placement of monuments, control corners, markers and property corner ties; to determine the location, design and material of monuments, markers, control corners and property corner ties; and to determine other standards and procedures governing the practice of land surveying for subdivisions. (b) Construction procedures. (1) No construction or installation of improvements shall commence in a proposed subdivision until the preliminary plat has been approved and all plans and specifications have been approved by the appropriate authorities. (2) No building, PROOFSzoning or other permits shall be issued for erection of a structure on any lot not of record on September 21, 1995, until all requirements of this article have been met. The subdivider, prior to commencing any work within the subdivision, shall make arrangements with the administrator of this article to provide for adequate inspection. The approving authorities having jurisdiction or their representatives shall inspect and approve all completed work prior to release of the sureties. (c) Oversized improvements. The town may require installation of certain oversized utilities or the extension of utilities to adjacent property when it is in the interest of future development. If the town requires the installation of improvements in excess of the standards required in this article, including all standards adopted by reference, the town shall pay the cost differential between the improvement required and the standards in this article. The town may recoup this cost through acreage fees as set forth in the appropriate town ordinance. (d) Planned unit development or planned residential development. Planned unit development or planned residential development shall meet the zoning requirements in chapter 66. (Code 2003, § 22-149; Ord. of 9-21-1995, § 408; Ord. No. 14-21, § 2, 12-18-2014) Editor's note— See editor's note—at section 22-148.
PROOFS
Chapters 51--53 RESERVED
PROOFS
Chapter 54 TRAFFIC AND VEHICLES* *Editor's note— Ord. No. 10-01, § 1(exh. A), adopted January 21, 2010, repealed chapter 24 in its entirety and enacted a new chapter 24 as set out herein. The former chapter 24 pertained to similar subject matter and derived from Ord. No. 95-08, § 10- 103, adopted October 26, 1995; Ord. No. 97-2, § 1, adopted March 20, 1997; Ord. No. 97-3, adopted March 20, 1997; Ord. No. 97-6, § 1, adopted May 15, 1997; Ord. No. 98-04, §§ 1, 2, adopted February 19, 1998; Ord. No. 03-21, § 1, adopted September 25, 2003; Ord. No. 03-23, § 2, adopted October 16, 2003; Ord. No. 04-10, § 1, adopted February 19, 2004; Ord. No. 04-38, § 1, adopted November 18, 2004; Ord. No. 04-39, § 1, adopted November 18, 2004; Ord. No. 05-06, § 1, adopted January 20, 2005; Ord. No. 05-37, §§ 2, 3, adopted November 22, 2005; Ord. No. 06-03, §§ 2, 3, adopted January 19, 2006, and Ord. No. 07-12, § 1, adopted May 17, 2007. *State law reference—Streets, traffic and parking, G.S. 160A-296 et seq.
ARTICLE I. IN GENERAL Secs. 54-1--54-18. Reserved.
ARTICLE II. PARKING* *Editor's note— Ord. No. 15-17 , § 1, adopted November 19, 2015, amended article II in its entirety to read as herein set out. Formerly, article II, §§ 24-31—24-35, pertained to similar subject matter, and derived from Ord. No. 10-01, § 1(exh. A), adopted January 21, 2010. *State law reference—Parking, G.S. 160A-301. Sec. 24-31. Authority.65 The town is authorized to regulate parking within the city limits in accordance with the provisions of G.S. 160A-301. This authority includes the authority to regulate, restrict and prohibit the parking of vehicles on public streets, alleys and bridges within the town. (Code 2003, § 24-31; Ord. No. 15-17 , § 1, 11-19-2015) Sec. 54-19. Where parking is prohibited.66 No person, except the operator of an emergency vehicle during an emergency, a law enforcement officer or other public employee required to so park in the performance of his duties, shall park any vehicle on any public street in any of the following locations: (1) In such a manner as to leave available less than 12 feet of the width of the roadway for the free movement of vehicular travel; (2) In front of a private driveway as provided in G.S. 20-162; or directly across there from a private driveway; (3) Within 15 feet of either direction of a fire hydrant or the entrance to a fire station as provided in G.S. 20- 162; PROOFS (4) Within 25 feet of the intersection of curb lines, or if none, then within 15 feet of the intersection of property lines at an intersection of highways, except that this subsection shall not apply to buses
65 Legal Analysis: Code 2003, § 24-31. Authority. Deleted as not needed. OK per 6/5/17 conference. 66 Legal Analysis: Code 2003, § 24-32. Where parking is prohibited. Deleted provisions already covered by state law. Keep per 6/5/17 conference. temporarily stopping in properly designated locations; (5) Within an intersection or in front of any alley; (6) Within 20 feet of any ground-mounted traffic signal, stop sign or yield sign; (7) On a sidewalk, sidewalk area or plaza, sidewalk extension through a driveway; (8) On the roadway side of any vehicle stopped, standing or parked at the edge of a curb or street; i.e., no double parking; (9) Alongside or opposite any street excavation or obstruction when such parking or standing would obstruct traffic; (10) Upon any bridge, overpass or other elevated structure or within any tunnel or other underpass structure; (11) On either side of any street at the approaches to a bridge, an underpass or an overhead bridge within 50 feet in either direction of the outer edge of such structure; (12) On either side of any street leading to a grade crossing within 50 feet of the closest rail; provided that where existing permanent structures are located closer than 50 feet parking may be permitted in front of such structures unless otherwise prohibited, and if such parking does not block the view in either direction of the approach of a locomotive or train; (13) On the left side of any street in the direction of vehicular travel, except where permitted on one-way roadways; (14) In any marked bus stop, except for buses; (15) Within any marked traffic lane; (16) On any median; (17) On any crosswalk; (18) Within 20 feet of a crosswalk or handicap ramp; (19) In any designated street parking space or other approved parking area in a public right-of-way for more than a 24-hour continuous period of time; (20) On any unpaved areas within public rights-of-way. (Code 2003, § 24-32; Ord. No. 15-17 , § 1, 11-19-2015) Sec. 54-20. Where parking is allowed. (a) Parking is allowed in on-street parking spaces in public rights-of-way where designated by signs and/or marked pavement. (b) Parking in areas not specifically described in subsection (a) of this section and not specifically prohibited in section 54-19 24-32 is allowed only by permit. (Code 2003, § 24-33; Ord. No. 15-17 , § 1, 11-19-2015) Sec. 54-21. Parking permits. (a) A short-term special event parking permit issued by the town may be obtained to allow parking within the town on rights-of-way of areas not specifically restricted in section 54-19 24-32. (b) Residents of PROOFSthe town may apply for special event parking permits. Each residential address would be eligible for up to 25 temporary one-day special event visitor parking permits per event for use for guest vehicles valid for residential parking by permit only areas, subject to approval by the police chief, or his designee. There shall be no charge for such permits. The approval or denial of permits is based upon many factors, including, but not limited to, other permits requested or issued in the same area, abuse of parking privileges in the area, other events scheduled in the area, and emergency access requirements for the area. (c) Residents wishing to acquire residential parking permits must contact the town police department in advance of special events such as weddings, parties, receptions, etc., if you live within a residential area that allows on-street parking by permit only. The police department shall be provided with the date, time and number of permits needed. An application form as required by the police department must be completed. Applications for permits must be submitted at least five business days prior to an event. (d) Permits will not be issued to any applicant that has unpaid parking violations on record with the town. Permits are only valid on town rights-of-way posted for permit parking. (Code 2003, § 24-34; Ord. No. 15-17 , § 1, 11-19-2015) Sec. 54-22. Additional general parking restrictions. The town manager, or his designee, may install no-parking signs, parking by permit only signs, curb markings, space markings, or other traffic control devices, to indicate where parking and standing are prohibited as provided herein but enforcement of the provisions of this article is not dependent on the installation of such devices. (Code 2003, § 24-35; Ord. No. 15-17 , § 1, 11-19-2015) Sec. 54-23. Parking restrictions for commercial vehicles and trailers. (a) No person shall park any detached trailer or a truck and trailer combination longer than 40 linear feet on any rights-of-way within the town. (b) No person shall park a commercial vehicle on any rights-of-way within the town between the hours of 9:00 p.m. and 5:00 a.m. Provided that parking a commercial vehicle in such a manner while the operator is actively engaged in business shall not be a violation of this section. The burden of proof is placed on the person who received the citation to prove that he was actively engaged in business at the time the citation was issued. (c) Commercial vehicles as defined in section 54-27 24-40 may park on residential streets without a special event parking permit for the purpose of providing deliveries and services from 6:00 a.m. until 9:00 p.m. (Code 2003, § 24-36; Ord. No. 15-17 , § 1, 11-19-2015) Sec. 54-24. Enforcement and fees.67 __ Police officers of the town conduct regular patrols of the residential parking permit zones. (a) It is illegal to use or display a false or counterfeit permit issued under the provisions of section 54-21. 24-34 above. (b) Violations of the provisions of this article shall subject the offender to a civil penalty in the amount of $10.00 to be recovered by the town in a civil action in the nature of debt. In the event the offender does not pay the penalty within 60 days of the date of issuance of such penalty, the penalty shall increase to $50.00. In accordance with G.S. 160A-175(b), a violation of the provisions of this article shall not be subject to the penalty provisions of G.S. 14-4 and shall not be considered a breach of the penal laws of the state. (Code 2003, § 24-37; Ord. No. 15-17 , § 1, 11-19-2015; altered in 2018 recodification) Sec. 54-25. Designated fire lanes. (a) Pursuant to the provisions of G.S. 20-162(b) and for the protection and safety of the lives and property of the citizens of the town, there are established certain fire lanes, both on private property which constitutes a public vehicular area as that term is defined by G.S. 20-4.01(32) and on any public drive, driveway, road, roadway, street, alley or other surface generally used or reserved for the movement or parking of motor vehicles. (b) All fire lane designations will be made by the town manager or the town manager's designee upon recommendation of the police chief or other public safety official. Designations shall be clearly marked by appropriate abovegroundPROOFS signs or signs in pavement markings, and a list of such designations shall be maintained on file in the town clerk's office. (c) Fire lanes may be designated on any drive, driveway, road, roadway, street, alley or other surface
67 Legal Analysis: Code 2003, § 24-37. Enforcement and fees. Deleted (a) as more of a policy or job description provision. OK per 6/5/17 conference.Deleted (c) to use general penalty § 1-14. Keep per 6/5/17 conference. generally used or reserved for the movement or parking of motor vehicles when the parking or placing of vehicles or obstructions in the area designated as a fire lane would interfere with the proper ingress or egress of firefighting trucks or other emergency vehicles, equipment or personnel. (d) The person in possession of the property on which a designation of a fire lane is made shall be responsible for installation and maintenance of the required signs or pavement markings. All signs and pavement markings utilized under the provisions of this section shall be approved by the town manager or his designee. (e) No person shall park a vehicle or permit it to stand, whether attended or unattended, or put or place any other object, structure or obstruction, in a fire lane which has been established and properly marked under the provisions of this section; however, persons loading or unloading supplies or merchandise may park temporarily in a fire lane located in a shopping center or mall parking lot as long as the vehicle is not left unattended. It shall be lawful for governmental vehicles or nongovernmental emergency vehicles, including rescue squad vehicles, to stop, stand or travel within such fire lanes when required to do so in the performance of their official duties. (Code 2003, § 24-38; Ord. No. 15-17 , § 1, 11-19-2015) Sec. 54-26. Appeals. (a) The denial, revocation, or suspension of a parking permit, or the issuance of civil penalties, may be appealed within ten days after notice of such action. An appeal must be made in writing and delivered to the office of the town manager within ten days of the action which is the subject of the appeal. (b) Any person failing to file an appeal in the manner described in subsection (a) of this section shall be deemed to have lost his right to appeal. Appeals shall be heard by the town manager or the town manager's designee within 30 days of the end of the ten-day appeal period specified in subsection (a) of this section. At the conclusion of the appeal, the town manager shall issue a written decision. The decision of the town manager shall be final. (c) Lack of knowledge of the town's parking regulations, conflicts or tardiness in going to or returning from appointments, or inability to find a valid parking space, are not acceptable grounds for granting relief to an appealing party. (Code 2003, § 24-39; Ord. No. 15-17 , § 1, 11-19-2015) Sec. 54-27. Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Commercial vehicle means a vehicle owned or used by a business, corporation, limited liability company, association, partnership, a sole proprietorship or any other entity conducting business for a commercial purpose. Standing means to halt a vehicle, for reasons not demanded by traffic law, while receiving or discharging passengers, waiting for passengers, or receiving or discharging merchandise or other goods. (Code 2003, § 24-40; Ord. No. 15-17 , § 1, 11-19-2015) Secs. 54-28--54-57. Reserved.
ARTICLE III. MOVING VIOLATIONS* *State law reference—Traffic control, G.S. 160A-300. Sec. 54-58. Speed limits. Except as otherwisePROOFS provided in this article, it shall be unlawful to operate a vehicle within the town at a speed in excess of 35 miles per hour. In those instances where speed limits other than 35 miles per hour are established, it shall be unlawful to operate a vehicle within the town at a speed in excess of the posted speed. (Code 2003, § 24-61; Ord. No. 10-01, § 1(exh. A), 1-21-2010; Ord. No. 14-23, § 1, 12-18-2014; Ord. No. 16-11 , § 1, 10-20- 2016) Sec. 54-59. Specific speed limits. (a) A posted speed limit of 15 miles per hour is established on the following streets: (1) Breman Lane. (2) Graham Drive. (3) John Sneed Lane. (b) A posted speed limit of 25 miles per hour is established on the following streets: (1) Alastaire Cv. (36) Bourbon St. (2) Alba Ln. (37) Bowden Ct. (3) Amber Pines Ct. (38) Bradbury Ct. (4) Ambury Ct. (39) Bridgeport Wy. (5) Annaby Cv. (40) Bridlewood Ct. (6) Annsdale N. Dr. (41) Brightstone Ct. (7) Annsdale S. Dr. (42) Brookhaven Tr. (8) Anslow Dr. (43) Brunswick Village Bv. (9) Anvil Ct. (44) Buff Ct. (10) Appleton Wy. (45) Caicos Ct. (11) Aqua Ln. (46) Carberry Ln. (12) Arbor Ridge Wy. (47) Carolina Av. (13) Arden Rd. (48) Cayman Ct. (14) Aruba Ct. (49) Cedar Croft Ct. (15) Ashcroft Dr. (50) Center Ct. (16) Ashland Wy. (51) Chambers St. (17) Ashwood Dr. (52) Charlton Wy. (18) Avebury Ct. (53) Chartwell Ct. (19) Avenshire Ct. (54) Cherrywood Ct. (20) Baldwin Dr. (55) Cleatwood Dr. (21) Baltimore Ct. (56) Cloverdale Ct. (22) Basin St. (57) Cloverfield Ct. (23) Beachwalk Dr. (58) Clubhouse Wy. (24) Beaumont Ct. (59) Cobden Ct. (25) Beech Ct. (60) Cokesbury Ct. (26) Bellerby Cv. (61) Cole Ct. (27) Bellmark Ct. (62) Colony Pines Dr. (28) Belshaw Dr. (63) Colville Ct. (29) Belvedere Ct.PROOFS (64) Combine Ln. (30) Bendemere Dr. (65) Coralstone Ct. (31) Bentgreen Dr. (66) Cordgrass Ln. (32) Bimini Ct. (67) Corn Hill Dr. (33) Birkdale Dr. (68) Cornerstone Ln. (34) Blake Cr. (69) Cottonwood Ln. (35) Blue Stone Ct. (70) Cove Landing. (71) Craighill Ln. (110) Glendale Dr. (72) Crestfield Wy. (111) Grace Point Dr. (73) Cresthill Ct. (112) Granite Grove. (74) Crystal Stone Ct. (113) Grasmer Ct. (75) Cumbertree Ct. (114) Grayson Pk. (76) Cupid Ct. (115) Green Acres St. (77) Cypress Ct. (116) Greenridge Wy. (78) Dawn Ridge Ct. (117) Greensview Cr. (79) Dayton Ct. (118) Grenedad Dr. (80) Dixie St. (119) Greymoss Ln. (81) Dowling Ct. (120) Greystone Ct. (82) Dr.esser Ln. (121) Guyton Ln. (83) Dudley Ct. (122) Hampton Pines Ct. (84) E. Brickhaven Cv. (123) Harvest Creek Ct. (85) E. Gantry Ct. (124) Harvester Ct. (86) Earnley Cv. (125) Havana Ct. (87) East Shearwater Ln. (126) Haywood Ct. (88) Ebrington Ln. (127) Hazel Stone Ct. (89) Edenhouse Ct. (128) Heartstone Ct. (90) Edgefield Ct. (129) Heathwood Dr. (91) Eldora Ct. (130) Hevener St. (92) Emberwood Dr. (131) Highland Hills Dr. (93) Enterprise Dr. (132) Hillshire Dr. (94) Eric St. (133) Holly St. (95) Estuary Ct. (134) Holly Hills Dr. (96) Evangeline Dr. (135) Homestead Ct. (97) Fairview Rd. (136) Horton Ct. (98) Forest Hills Dr. (137) Idlewood Ct. (99) Forest View Cr (138) Ironstone Ct. (100) Foxbow Cv. (139) Island Cove Ct. (101) Foxridge Wy (140) Island Pine Wy. (102) Gable Oaks Ct. (141) Jamesford Ct. (103) GardenviewPROOFS Ct. (142) Jansen Ln. (104) Gardenwood Dr. (143) Kellerton Ct. (105) Garnet Ct. (144) Keystone Ct. (106) Ghatsfield Dr. (145) King Moore Rd. (107) Giles Pl. (146) Kingsbridge Rd. (108) Gladhill Ln. (147) Kobus Ct. (109) Glasgow Dr. (148) Lake Breeze Ct. (149) Lanterns Ln. (188) Night Harbor Dr. (150) Lanvale Hills Rd. (189) North Palm Dr. (151) Lapham Dr. (190) Northridge Dr. (152) Larchmont Ct. (191) Oak Ln. (153) Laurel Oak Wy. (192) Oakland Av. (154) Lee Dr. (193) Old Forest Dr. (155) Leesburg Dr. (194) Old Towne Wynd N. (156) Lewis Rd. (195) Olde Village Cr. (157) Liliflora Ln. (196) Olive Pine Wy. (158) Lillibridge Dr. (197) Orchard Loop Rd. (159) Lindenwood Dr. (198) Orleans St. (160) Linkwood/Tommy Jacobs Cr. (199) Palm Ridge Dr. (161) Linville Rd. (200) Parkland Wy. (162) Liveoak Dr. (201) Parkmoore Ct. (163) Lloyd St. (202) Pavestone Ct. (164) Long Leaf Dr. (203) Pebblestone Ct. (165) Loop Rd. (204) Pemberton Rd. (166) Loyola Av. (205) Pepperwood Wy. (167) Lynn Ct. (206) Perry Av. (168) Lynn Marie Dr. (207) Pickett Rd. (169) Magenta Ct. (208) Pine Harbor Wy. (170) Maple Chase Dr. (209) Pine Harvest Dr. (171) Maplewood Ct. (210) Pinebrush Dr. (172) Marie Ct. (211) Pinegate Ct. (173) Meadowgrass Ln. (212) Pinegrove Ct. (174) Meadowstone Ct. (213) Plantation Pine Wy. (175) Meadowsweet Ln. (214) Plumleaf Ct. (176) Merestone Dr. (215) Poe St. (177) Mermaids Watch Ct. (216) Potomac Ct. (178) Mill Creek Lp. (217) Rampart St. (179) Mill Stream Ct. (218) Ray Ct. (180) Millrose Ln. (219) Redfield Dr. (181) MonarchPROOFS Ct. (220) Rhinestone Ct. (182) Moore St. (221) Ricefield Branch St. (183) Morning View Wy. (222) Ridge Mont Dr. (184) Moss Ct. (223) Ringlet Dr. (185) Mossy Oak Ct. (224) Riverview Rd. (186) Murrill Ln. (225) Rollingwood Ct. (187) N. Stillwood Dr. (226) Rosea Ct. (227) Ross Ct. (266) Terrace Wk. (228) Royal St. (267) Thistlewood Dr. (229) Royal Palm Wy. (268) Thomas Garst Ln. (230) Ruby Stone Ct. (269) Tillington Ct. (231) Rye Ln. (270) Timber Ln. (232) S. Sleepy Oak Ln. (271) Timbergrass Ln. (233) S.Stillwood Dr. (272) Town Hall Dr. (234) Sand Pebble Dr. (273) Towne Lake Dr. (235) Sandy Grove Pl. (274) Trail Pines Ct. (236) Sedgley Ct. (275) Tulane St. (237) Serene Ct. (276) Tylers Cove Wy. (238) Shamrock Dr. (277) Umstead Ln. (239) Shelmore Wy. (278) Viceroy Ct. (240) Short St. (279) Vickery Cv. (241) Silvermaple Ct. (280) Villager Ct. (242) Simmerman Wy. (281) Villamar Dr. (243) Skidaway Dr. (282) W. Brickhaven Cv. (244) Skipper Ln. (283) Wakefield Ct. (245) Slater Wy. (284) Walbury Ct. (246) South Brook Rd. (285) Waters End Ct. (247) South Palm Dr. (286) Watersfield Rd. (248) Southern Pine Dr. (287) Waverly Ln. (249) Spicebush Dr. (288) Wayne St. (250) Spring Pine Ct. (289) Wb & S Rd. (251) Springfield Dr. (290) Wedgewood Dr. (252) St Kitts Wy. (291) Wellstone Ct. (253) Stanfield Ct. (292) West Gantry Ct. (254) Still Bluff Ln. (293) Westcove Lp. (255) Stillwood Dr. (294) Westover Dr. (256) Stonesthrow Ct. (295) Westport Dr. (257) Stoney Creek Ln. (296) Whitehill Rd. (258) Sturgeon Dr. (297) Willow Pond Ln. (259) Sue Cr. PROOFS(298) Willowbrook Ct. (260) Sunburst Rd. (299) Willowgreen Ct. (261) Suncrest Wy. (300) Willowstone Ct. (262) Sunstone Ct. (301) Wilwood Ct. (263) Tallgrass Ln. (302) Windchime Wy. (264) Talmage Dr. (303) Winding Trail Dr. (265) Taswell Ct. (304) Windsor Pines Ct. (305) Winterberry Cr (309) Woodwind Dr. (306) Woodbend Ct. (310) Wyland Ct. (307) Woodford Rd. (311) Yorkstone Ct. (308) Woodland Dr. (c) A posted speed limit of 30 miles per hour is established on the following streets: (1) Grandiflora Drive. (d) A posted speed limit of 35 miles per hour is established on the following streets: (1) Angels Way. (2) Cape Fear National Drive. (3) Lenna Drive. (4) Low Country Blvd. (5) Mallory Creek Drive. (6) New Pointe Blvd. (7) Ocean Gate Plaza. (8) Olde Reagent Way. (9) Olde Waterford Way. (10) Rice Gate Way. (11) Westgate Drive. (e) A posted speed limit of 40 miles per hour is established on the following street: (1) Brunswick Forest Parkway. (Code 2003, § 24-62; Ord. No. 10-01, § 1(exh. A), 1-21-2010; Ord. No. 11-05, § 1, 7-21-2011; Ord. No. 13-14, 6-20-2013; Ord. No. 14-13, § 1, 5-15-2014; Ord. No. 14-23, § 2, 12-18-2014; Ord. No. 15-05, § 1, 3-19-2015; Ord. No. 16-04 , 2-18-2016; Ord. No. 16-11 , § 2, 10-20-2016) Sec. 54-60. Cutting corner at intersection. (a) It shall be unlawful for any person to operate any vehicle over or upon private property for the purpose of cutting a corner. All turns onto an intersecting street shall be by operating a vehicle around curbs and over or upon public streets. (b) This section will affect the following intersection, and the adjacent property owners shall post a sign clearly visible prohibiting the use of their land if they so decide to prohibit persons from using their property to circumvent the use of the public streets: Intersection of South Navassa Road, Old Fayetteville Road and Village Road. (c) Any person violating the terms and provisions of this section shall be subject to a $25.00 civil penalty as provided by G.S. 160A-174 et seq. (Code 2003, § 24-63; Ord. No. 10-01, § 1(exh. A), 1-21-2010) Secs. 54-61--54-78. Reserved.PROOFS ARTICLE IV. TRAFFIC CALMING DEVICES Sec. 54-79. Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Speed bump means a rounded ridge of at least one inch in height built crosswise into the pavement of a road to force vehicles to slow down via vertical deflection. For the purposes of this chapter, the term "speed bump" and Page 290 of 424
"speed hump" may be used interchangeably. Traffic calming device is any combination of mainly physical measures that reduce the negative effects of motor vehicle use, alter driver behavior or improve conditions for non-motorized street users. (Code 2003, § 24-91; Ord. No. 13-17, § 1, 7-18-2013) Sec. 54-80. Speed bumps. The use or placement of speed bumps shall be prohibited on all town-maintained rights-of-way. (Code 2003, § 24-100; Ord. No. 13-17, § 1, 7-18-2013)
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Chapters 55--57 RESERVED
PROOFS Page 292 of 424
Chapter 58 UTILITIES* *State law reference—Public enterprises, G.S. 160A-311 et seq.
ARTICLE I. IN GENERAL Secs. 58-1--58-18. Reserved.
ARTICLE II. SEWER SERVICE* *State law reference—Authority to require connections to sewer service, G.S. 160A-317 et seq. DIVISION 1. GENERALLY Sec. 58-19. Purpose and policy. (a) This article sets forth uniform requirements for direct and indirect contributors into the wastewater collection and treatment system for the town and enables the town to comply with all applicable state and federal laws, including the Clean Water Act (33 USC 1251 et seq.) and the General Pretreatment Regulations (40 CFR 403). (b) The objectives of this article are to: (1) Prevent the introduction of pollutants into the municipal wastewater system which will interfere with the operation of the system or contaminate the resulting sludge; (2) Prevent the introduction of pollutants into the municipal wastewater system which will pass through the system, inadequately treated, into any waters of the state or otherwise be incompatible with the system; (3) Promote reuse and recycling of industrial wastewater and sludges from the municipal system; (4) Protect both municipal personnel who may be affected by sewage, sludge and effluent in the course of their employment and the general public; (5) Provide for equitable distribution of the cost of operation, maintenance and improvement of the municipal wastewater system; and (6) Ensure that the town complies with its NPDES or nondischarge permit conditions, sludge use and disposal requirements, and any other federal or state laws to which the municipal wastewater system is subject. (c) This article provides for the regulation of direct and indirect contributors to the municipal wastewater system through the issuance of permits to certain nondomestic users and through enforcement of general requirements for the other users, authorizes monitoring and enforcement activities, requires user reporting, and provides for the setting of fees for the equitable distribution of costs resulting from the program established in this article. (d) This article shallPROOFS apply to all users of the municipal wastewater system. Except as otherwise provided in this article, the POTW director shall administer, implement and enforce the provisions of this article. Any powers granted to or imposed upon the POTW director may be delegated by the POTW director to other town personnel. By discharging wastewater into the municipal wastewater system, industrial and residential users located outside the town limits agree to comply with the terms and conditions established in this article, as well as any permits, enforcement actions or orders issued under this article. (Code 2003, § 26-31; Ord. No. 99-04, § 1(22-1), 1-20-2000) Page 293 of 424
Sec. 58-20. Definitions, abbreviations. (a) The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Act and the Act mean the Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33 USC 1251 et seq. Approval authority means the director of the division of environmental management of the state department of environment and natural resources or his designee. Authorized representative of the industrial user means: (1) If the industrial user is a corporation: a. The president, secretary or a vice-president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision-making functions for the corporation; or b. The manager of one or more manufacturing, production or operation facilities employing more than 250 persons or having gross annual sales or expenditures exceeding $25,000,000.00 (in second- quarter 1980 dollars), if authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures. (2) If the industrial user is a partnership or sole proprietorship, a general partner or the proprietor, respectively. (3) If the industrial user is a federal, state or local government facility, a director or highest official appointed or designated to oversee the operation and performance of the activities of the government facility, or their designee. The individuals described in subsections (1)—(3) of this definition may designate another authorized representative if the authorization is in writing, the authorization specifies the individual or position responsible for the overall operation of the facility from which the discharge originates or having overall responsibility for environmental matters for the company, and the written authorization is submitted to the town. Biochemical oxygen demand (BOD) means the quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedures for five days at 20 degrees Celsius, usually expressed as a concentration (e.g., mg/l). Building sewer means a sewer conveying wastewater from the premises of a user to the publicly owned treatment works (POTW). Bypass means the intentional diversion of waste streams from any portion of a user's treatment facility. Categorical standards means National Categorical Pretreatment Standards or pretreatment standard. Environmental Protection Agency and EPA mean the U.S. Environmental Protection Agency, or where appropriate the term may also be used as a designation for the administrator or other duly authorized official of that agency. Grab sample means a sample which is taken from a waste stream on a one-time basis without regard to the flow in the waste stream and over a period of time not to exceed 15 minutes. Holding tank wastePROOFS means any waste from holding tanks, including, but not limited to, such holding tanks as vessels, chemical toilets, campers, trailers, septic tanks, and vacuum-pump tank trucks. Indirect discharge and discharge mean the discharge or the introduction from any nondomestic source regulated under section 307(b), (c) or (d) of the Act (33 USC 1317), into the POTW, including holding tank waste discharged into the system. Industrial user and user mean any person who is a source of indirect discharge. Interference means the inhibition or disruption of the POTW treatment processes, operations or its sludge process, use or disposal which causes or contributes to a violation of any requirement of the POTW's NPDES or Page 294 of 424 nondischarge permit or prevents sewage sludge use or disposal in compliance with specified applicable state and federal statutes, regulations or permits. The term “interference” includes prevention of sewage sludge use or disposal by the POTW in accordance with section 405 of the Act (33 USC 1345) or any criteria, guidelines or regulations developed pursuant to the Solid Waste Disposal Act (SWDA) (42 USC 6901 et seq.), the Clean Air Act, the Toxic Substances Control Act, the Marine Protection Research and Sanctuary Act (MPRSA) or more stringent state criteria (including those contained in any state sludge management plan prepared pursuant to title IV of SWDA) applicable to the method of disposal or use employed by the POTW. Medical waste means isolation wastes, infectious agents, human blood and blood products, pathological wastes, sharps, body parts, contaminated bedding, surgical wastes, potentially contaminated laboratory wastes, and dialysis wastes. National Categorical Pretreatment Standard and categorical standard mean any regulation containing pollutant discharge limits promulgated by the EPA in accordance with sections 307(b) and (c) of the Act (33 USC 1317) which applies to a specific category of industrial users, and which appears in 40 CFR 405—471. National Pollution Discharge Elimination System (NPDES) permit means a permit issued pursuant to section 402 of the Act (33 USC 1342), or pursuant to G.S. 143-215.1 by the state under delegation from the EPA. National Prohibitive Discharge Standard and prohibitive discharge standard mean absolute prohibitions against the discharge of certain substances; these prohibitions appear in section 58-84 26-91 and are developed under the authority of section 307(b) of the Act and 40 CFR 403.5. New source means: (1) Any building, structure, facility or installation from which there may be a discharge of pollutants, the construction of which commenced after the publication of proposed categorical pretreatment standards under section 307(c) of the Act, which will be applicable to such source if such standards are thereafter promulgated in accordance with section 307(c) of the Act, provided that: a. The building, structure, facility or installation is constructed at a site at which no other source is located; b. The building, structure, facility or installation totally replaces the process or production equipment that causes the discharge of pollutants at an existing source; or c. The production or wastewater generating processes of the building, structure, facility or installation are substantially independent of an existing source at the same site. In determining whether these are substantially independent factors, the extent to which the new facility is integrated with the existing plant, and the extent to which the new facility is engaged in the same general type of activity as the existing source, should be considered. (2) Construction on a site on which an existing source is located results in a modification rather than a new source if the construction does not create a new building, structure, facility or installation meeting the criteria of subsection (1)b. or c. of this definition but otherwise alters, replaces or adds to existing process or production equipment. (3) For purposes of this definition, construction which has commenced if the owner or operator has: a. Begun, or caused to begin, as part of a continuous on-site construction program: 1. AnyPROOFS placement, assembly or installation of facilities or equipment; or 2. Significant site preparation work, including clearing, excavation or removal of existing buildings, structures or facilities which is necessary for the placement, assembly or installation of new source facilities or equipment; or b. Entered into a binding contractual obligation for the purchase of facilities or equipment which are intended to be used in its operation within a reasonable time. Options to purchase or contracts which can be terminated or modified without substantial loss and contracts for feasibility, engineering and design studies do not constitute a contractual obligation under this definition. Noncontact cooling water means water used for cooling which does not come into direct contact with any raw Page 295 of 424 material, intermediate product, waste product or finished product. Nondischarge permit means a disposal system permit issued by the state pursuant to G.S. 143-215.1. Pass through means a discharge which exits the POTW into waters of the state in quantities or concentrations which alone, or with discharges from other sources, causes a violation, including an increase in the magnitude or duration of a violation, of the POTW's NPDES or nondischarge permit, or a downstream water quality standard. Person means any individual, partnership, copartnership, firm, company, corporation, association, joint stock company, trust, estate, governmental entity or any other legal entity, or its legal representatives, agents or assigns. This definition includes all federal, state and local government entities. pH means a measure of the acidity or alkalinity of a substance, expressed as standard units, and calculated as the logarithm (base 10) of the reciprocal of the concentration of hydrogen ions expressed in grams per liter of solution. Pollutant means any waste as defined in G.S. 143-213(18) and dredged spoil, solid waste, incinerator residue, sewage, garbage, sewage sludge, munitions, medical wastes, chemical wastes, biological materials, radioactive materials, heat, wrecked or discarded equipment, rock, sand, cellar dirt and industrial, municipal, and agricultural waste and certain characteristics of wastewater (e.g., pH, temperature, TSS, turbidity, color, BOD, COD, toxicity or odor). POTW director means the town manager. POTW treatment plant means that portion of the POTW designed to provide treatment to wastewater. Pretreatment and treatment mean the reduction of the amount of pollutants, the elimination of pollutants, or the alteration of the nature of pollutant properties in wastewater prior to or in lieu of discharging or otherwise introducing such pollution into a POTW. The reduction or alteration can be obtained by physical, chemical or biological processes, or process changes or other means, except by diluting the concentration of the pollutants unless allowed by an applicable pretreatment standard. Pretreatment program means the program for the control of pollutants introduced into the POTW from nondomestic sources which was developed by the town in compliance with 40 CFR 403.8 and approved by the approval authority as authorized by G.S. 143-215.3(a)(14) in accordance with 40 CFR 403.11. Pretreatment requirements means any substantive or procedural requirement related to pretreatment, other than a pretreatment standard. Pretreatment standards means prohibited discharge standards, categorical standards, and local limits. Publicly owned treatment works (POTW) and municipal wastewater system mean a treatment works as defined by section 212 of the Act (33 USC 1292) which is owned in this instance by the town. This definition includes any devices or systems used in the collection, storage, treatment, recycling and reclamation of municipal sewage or industrial wastes of a liquid nature. It also includes sewers, pipes and other conveyances only if they convey wastewater to the POTW treatment plant. For the purposes of this article, the term “POTW” shall also include any sewers that convey wastewaters to the POTW from persons outside the town who are, by contract or agreement with the town or in any other way, users of the town's POTW. Severe property damage means substantial physical damage to property, damage to the user's treatment facilities which causes them to become inoperable, or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a bypass. Severe property damage does not mean economic loss caused by delays inPROOFS production. Significant industrial user means any industrial user of the wastewater disposal system who: (1) Has an average daily process wastewater flow of 25,000 gallons or more; (2) Contributes more than five percent of any design or treatment capacity (i.e., allowable pollutant load) of the wastewater treatment plant receiving the indirect discharge; (3) Is required to meet a National Categorical Pretreatment Standard; or Page 296 of 424
(4) Is found by the town, the division of environmental management or the U.S. Environmental Protection Agency (EPA) to have the potential for impact, either singly or in combination with other contributing industrial users, on the wastewater treatment system, the quality of sludge, the system's effluent quality, or compliance with any pretreatment standards or requirements. Significant noncompliance and reportable noncompliance mean a status of noncompliance as follows: (1) Violations of wastewater discharge limits. a. Chronic violations means that 66 percent or more of the measurements exceed, by any magnitude, the same daily maximum limit or the same average limit in a six-month period. b. Technical review criteria (TRC) violations means that 33 percent or more of the measurements are more than the TRC times the limit (maximum or average) in a six-month period. There are two groups of TRCs: for conventional pollutants BOD, TSS, fats, oil and grease, TRC = 1.4. For all other pollutants, TRC = 1.2. c. Any other violation of an effluent limit (average or daily maximum) that the control authority believes has caused, alone or in combination with other discharges, interference or pass through; or endangered the health of the sewage treatment plant personnel or the public. d. Any discharge of a pollutant that has caused imminent endangerment to human health/welfare or to the environment and has resulted in the POTW's exercise of its emergency authority to halt or prevent such a discharge. (2) Violations of compliance schedule milestones, contained in a pretreatment permit or enforcement order, for starting construction, completing construction, and attaining final compliance by 90 days or more after the scheduled date. (3) Failure to provide reports for compliance schedule, self-monitoring data, baseline monitoring reports, 90-day compliance reports, and periodic compliance reports within 30 days from the due date. (4) Failure to accurately report noncompliance. (5) Any other violation or group of violations that the control authority considers to be significant. Slug load means any discharge at a flow rate or concentration which could cause a violation of the prohibited discharge standards in section 58-84 26-91. Standard industrial classification (SIC) means a classification pursuant to the Standard Industrial Classification Manual issued by the Executive Office of the President, Office of Management and Budget, 1987. Stormwater means any flow occurring during or following any form of natural precipitation and resulting from such precipitation. Superintendent means the person designated by the town to supervise the operation of the publicly owned treatment works (POTW) and who is charged with certain duties and responsibilities by this article, or his duly authorized representative. Suspended solids means the total suspended matter that floats on the surface of or is suspended in water, wastewater or other liquids, and which is removable by laboratory filtering. Upset means an exceptional incident in which there is unintentional and temporary noncompliance with categorical pretreatment standards because of factors beyond the reasonable control of the user. An upset does not include noncompliance PROOFSto the extent caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance, or careless or improper operation. Wastewater means the liquid and water-carried industrial or domestic wastes from dwellings, commercial buildings, industrial facilities, mobile sources, treatment facilities and institutions, together with any groundwater, surface water and stormwater that may be present, whether treated or untreated, which are contributed into or permitted to enter the POTW. Wastewater permit means as set forth in section 62-54. 26-66. Waters of the state means all streams, lakes, ponds, marshes, watercourses, waterways, wells, springs, Page 297 of 424
reservoirs, aquifers, irrigation systems, drainage systems and all other bodies or accumulations of water, surface or underground, natural or artificial, public or private, which are contained within, flow through, or border upon the state or any portion of the state. (b) The following abbreviations, when used in this article, shall have the designated meanings: BOD means biochemical oxygen demand. CFR means Code of Federal Regulations. COD means chemical oxygen demand. DEM means division of environmental management. EPA means Environmental Protection Agency. gpd means gallons per day. l means liter. mg means milligrams. mg/l means milligrams per liter. NPDES means National Pollution Discharge Elimination System. O&M means operation and maintenance. POTW means publicly owned treatment works. RCRA means Resource Conservation and Recovery Act. SIC means standard industrial classification. SWDA means Solid Waste Disposal Act. TKN means total kjeldahl nitrogen. TSS means total suspended solids. USC means United States Code. (Code 2003, § 26-32; Ord. No. 99-04, § 1(22-2), 1-20-2000) Sec. 58-21. Administrative remedies. (a) Notification of violation. Whenever the POTW director finds that any industrial user has violated or is violating this article; wastewater permit; or any prohibition, limitation or requirements; or any other pretreatment requirement, the POTW director may serve upon such a person a written notice stating the nature of the violation. Within 30 days from the date of this notice, an explanation for the violation and a plan for its satisfactory correction shall be submitted to the town by the user. Submission of this plan does not relieve the discharger of liability for any violations occurring before or after receipt of the notice of violation. (b) Consent orders. The POTW director is empowered to enter into consent orders, assurances of voluntary compliance, or other similar documents establishing an agreement with the person responsible for the noncompliance. Such orders will include specific action to be taken by the discharger to correct the noncompliance within a time period also specified by the order. Consent orders shall have the same force and effect as an administrative order issuedPROOFS pursuant to subsection (d) of this section. (c) Show cause hearing. (1) The POTW director may order any industrial user who causes or is responsible for an unauthorized discharge, has violated this article or is in noncompliance with a wastewater discharge permit to show cause why a proposed enforcement action should not be taken. If the POTW director determines that a show cause order should be issued, a notice shall be served on the user specifying the time and place for the hearing, the proposed enforcement action, including any proposed civil penalty, the reasons for such action, and a request that the user show cause why this proposed enforcement action should not be taken. The notice of hearing shall be served personally or by registered or certified mail, return receipt Page 298 of 424
requested, at least ten days before the hearing. Service may be made on any agent or officer of a corporation. (2) The POTW director shall review the evidence presented at the hearing and determine whether the proposed enforcement action is appropriate. (3) Any action or inaction taken by the POTW director under this section is subject to an administrative appeal under section 58-54(i) 26-66(i). (d) Administrative orders. When the POTW director finds that an industrial user has violated and continues to violate this article, permits or orders issued under this article or any other pretreatment requirements, the POTW director may issue an order to cease and desist all such violations and direct those persons in noncompliance to do any of the following: (1) Immediately comply with all requirements; (2) Comply in accordance with a compliance time schedule set forth in the order; (3) Take appropriate remedial or preventive action in the event of a continuing or threatened violation; (4) Disconnect unless adequate treatment facilities, devices or other related appurtenances are installed and properly operated within a specified time period. (e) Emergency suspensions. (1) The POTW director may suspend the wastewater treatment service and/or wastewater permit when such suspension is necessary in order to stop an actual or threatened discharge which presents or may present an imminent or substantial endangerment to the health or welfare of persons or the environment, interferes with the POTW, or causes the POTW to violate any condition of its NPDES or nondischarge permit. (2) Any user notified of a suspension of the wastewater treatment service and/or the wastewater permit shall immediately stop or eliminate the contribution. A hearing will be held within 15 days of the notice of suspension to determine whether the suspension may be lifted or the user's waste discharge permit terminated. In the event of a failure to comply voluntarily with the suspension order, the POTW director shall take such steps as deemed necessary, including immediate severance of the sewer connection, to prevent or minimize damage to the POTW system or endangerment to any individuals. The POTW director shall reinstate the wastewater permit and the wastewater treatment service upon proof of the elimination of the noncompliant discharge. The industrial user shall submit a detailed written statement describing the causes of the harmful contribution and the measures taken to prevent any future occurrence to the POTW director prior to the date of the hearing. (f) Termination of permit. (1) Any user who violates the following conditions of this article, or applicable state and federal regulations, is subject to having its permit terminated: a. Failure to accurately report the wastewater constituents and characteristics of his discharge; b. Failure to report significant changes in operations or wastewater constituents and characteristics; c. Refusal of reasonable access to the user's premises for the purpose of inspection or monitoring; or d. ViolationPROOFS of conditions of the permit. (2) Noncompliant industrial users will be notified of the proposed termination of their wastewater permit and will be offered an opportunity to show cause under subsection (c) of this section why the proposed action should not be taken. (Code 2003, § 26-33; Ord. No. 99-04, § 1(22-93), 1-20-2000) Sec. 58-22. Civil penalties. (a) Any user who is found to have failed to comply with any provision of this article, or the orders, rules, regulations and permits issued under this article, may be fined up to $10,000.00 per day per violation. Page 299 of 424
(b) In determining the amount of the civil penalty, the POTW director shall consider the following: (1) The degree and extent of the harm to the natural resources, to the public health, or to public or private property resulting from the violation; (2) The duration and gravity of the violation; (3) The effect on groundwater or surface water quantity or quality or on air quality; (4) The cost of rectifying the damage; (5) The amount of money saved by noncompliance; (6) Whether the violation was committed willfully or intentionally; (7) The prior record of the violator in complying or failing to comply with the pretreatment program; and (8) The costs of enforcement to the town. (c) Appeals of civil penalties assessed in accordance with this section shall be as provided in section 58- 54(h) 26-66(h). (Code 2003, § 26-34; Ord. No. 99-04, § 1(22-94), 1-20-2000) Sec. 58-23. Other available remedies. Remedies, in addition to those previously mentioned in this article, are available to the POTW director, who may use any single one or combination against a noncompliant user. Additional available remedies include but are not limited to: (1) Criminal violations. The district attorney for the 13th Judicial District may, at the request of the town, prosecute noncompliant users who violate the provisions of G.S. 143-215.6B. (2) Injunctive relief. Whenever a user is in violation of the provisions of this article or an order or permit issued under this article, the POTW director, through the town attorney, may petition the superior court of justice for the issuance of a restraining order or a preliminary and permanent injunction which restrains or compels the activities in question. (3) Water supply severance. Whenever an industrial user is in violation of the provisions of this article or an order or permit issued under this article, water service to the industrial user may be severed; and service will only recommence, at the user's expense, after it has satisfactorily demonstrated ability to comply. (4) Public nuisances. Any violation of the prohibitions or effluent limitations of this article or of a permit or order issued under this article is declared a public nuisance and shall be corrected or abated as directed by the POTW director. Any person creating a public nuisance shall be subject to the provisions of this Code governing such nuisances, including reimbursing the POTW for any costs incurred in removing, abating or remedying the nuisance. (Code 2003, § 26-35; Ord. No. 99-04, § 1(22-95), 1-20-2000) Sec. 58-24. Remedies nonexclusive. The remedies provided for in this article are not exclusive. The POTW director may take any, all or any combination of these actions against a noncompliant user. Enforcement of pretreatment violations will generally be in accordance with the town's enforcement response plan; however, the POTW director may take other action against any user when thePROOFS circumstances warrant. Further, the POTW director is empowered to take more than one enforcement action against any noncompliant user. (Code 2003, § 26-36; Ord. No. 99-04, § 1(22-96), 1-20-2000) Sec. 58-25. Inspections and search warrants. (a) The POTW director and other duly authorized agents and employees of the town may inspect the facilities of any user to ascertain whether the purpose of this article is being met and all requirements are being complied with. Persons or occupants of premises where wastewater is created or discharged shall allow the town, the approval authority and the EPA or their representative ready access at all reasonable times to all parts of the Page 300 of 424
premises for the purposes of meter reading, inspection, sampling, records examination and copying, or in the performance of any of their duties. The town, approval authority and the EPA shall have the right to set up on the user's property such devices as are necessary to conduct sampling, inspection, compliance monitoring and/or metering operations. Where a user has security measures in force which would require proper identification and clearance before entry into their premises, the user shall make necessary arrangements with their security personnel so that upon presentation of suitable identification, personnel from the town, approval authority and the EPA will be permitted to enter, without delay, for the purposes of performing their specific responsibilities. Denial of the POTW director's, approval authority's, or EPA's access to the user's premises shall be a violation of this article. Unreasonable delays may constitute denial of access. (b) While performing the necessary work on private properties referred to in subsection (a) of this section, the POTW director or duly authorized employees and agents of the town shall observe all safety rules applicable to the premises established by the owner. (c) The property owner shall not be released from liability to any extent if a town agent or employee is injured while making inspections which are pursuant to this article on privately owned property as a result of negligence on the part of the private property owner or any of his agents or employees. (d) If the POTW director, the approval authority or the EPA has been refused access to a building, structure or property and is able to demonstrate probable cause to believe that there may be a violation of this article, or that there is a need to inspect and/or sample as part of a routine inspection and sampling program of the town designed to verify compliance with this article or any permit or order issued under this article, or to protect the overall public health, safety and welfare of the community, the POTW director, the approval authority, or the EPA may seek issuance of a search warrant from the general court of justice of the county. (Code 2003, § 26-37; Ord. No. 99-04, § 1(22-97), 1-20-2000) Sec. 58-26. Upset. (a) An upset shall constitute an affirmative defense to an action brought for noncompliance with categorical pretreatment standards if the requirements of subsection (b) of this section are met. (b) A user who wishes to establish the affirmative defense of upset shall demonstrate, through properly signed, contemporaneous operating logs, or other relevant evidence, that: (1) An upset occurred and the user can identify the cause of the upset; (2) The facility was at the time being operated in a prudent and workmanlike manner and in compliance with applicable operation and maintenance procedures; and (3) The user has submitted the following information to the POTW director within 24 hours of becoming aware of the upset (if this information is provided orally, a written submission must be provided within five days): a. A description of the indirect discharge and cause of noncompliance; b. The period of noncompliance, including exact dates and times or, if not corrected, the anticipated time the noncompliance is expected to continue; and c. Steps being taken and/or planned to reduce, eliminate or prevent a recurrence of the noncompliance. (c) In any enforcement proceeding, the user seeking to establish the occurrence of an upset shall have the burden of proof. PROOFS (d) Users will have the opportunity for a judicial determination on any claim of upset only in an enforcement action brought for noncompliance with categorical pretreatment standards. (e) Users shall control production of all discharges to the extent necessary to maintain compliance with categorical pretreatment standards upon reduction, loss or failure of its treatment facility until the facility is restored or an alternative method of treatment is provided. This requirement applies in the situation where, among other things, the primary source of power of the treatment facility is reduced, lost or fails. (Code 2003, § 26-38; Ord. No. 99-04, § 1(22-109), 1-20-2000) Page 301 of 424
Sec. 58-27. Prohibited discharge standards defense. A user shall have an affirmative defense to an enforcement action brought against it for noncompliance with the general prohibitions in section 58-84 26-91 (a) or the specific prohibitions in section 58-84 26-91 (b)(2), (3), (5)—(7) and (9)—(22) if it can prove that it did not know, or have reason to know, that its discharge, alone or in conjunction with discharges from other sources, would cause pass through or interference and that either: (1) A local limit exists for each pollutant discharged and the user was in compliance with each limit directly prior to and during the pass through or interference; or (2) No local limit exists, but the discharge did not change substantially in nature or constituents from the user's prior discharge when the town was regularly in compliance with its NPDES permit, and in the case of interference, was in compliance with applicable sludge use or disposal requirements. (Code 2003, § 26-39; Ord. No. 99-04, § 1(22-110), 1-20-2000) Sec. 58-28. Bypass. (a) A user may allow any bypass to occur which does not cause pretreatment standards or requirements to be violated, but only if it also is for essential maintenance to ensure efficient operation. These bypasses are not subject to the provision of subsections (b) and (c) of this section. (b) If a user knows in advance of the need for a bypass, it shall submit prior notice to the POTW director, at least ten days before the date of the bypass, if possible. A user shall submit oral notice to the POTW director of an unanticipated bypass that exceeds applicable pretreatment standards within 24 hours from the time it becomes aware of the bypass. A written submission shall also be provided within five days of the time the user becomes aware of the bypass. The written submission shall contain a description of the bypass and its cause; the duration of the bypass, including exact dates and times, and, if the bypass has not been corrected, the anticipated time it is expected to continue; and steps taken or planned to reduce, eliminate and prevent reoccurrence of the bypass. The POTW director may waive the written report on a case-by-case basis if the oral report has been received within 24 hours. (c) Bypass is prohibited, and the POTW director may take an enforcement action against a user for a bypass unless: (1) Bypass was unavoidable to prevent loss of life, personal injury or severe property damage; (2) There were no feasible alternatives to the bypass, such as the use of auxiliary treatment facilities, retention of untreated wastes, or maintenance during normal periods of equipment downtime; this condition is not satisfied if adequate backup equipment should have been installed in the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventive maintenance; and (3) The user submitted notices as required under subsection (b) of this section. The POTW director may approve an anticipated bypass, after considering its adverse effects, if the POTW director determines that it will meet the three conditions listed in this subsection. (Code 2003, § 26-40; Ord. No. 99-04, § 1(22-111), 1-20-2000) Sec. 58-29. Confidentiality of information and data. (a) Information and data on a user obtained from reports, questionnaires, permit applications, permits and monitoring programs and from inspections shall be available to the public or other governmental agencies without restriction unless the userPROOFS specifically requests and is able to demonstrate to the satisfaction of the POTW director that the release of such information would divulge information, processes or methods of production entitled to protection as trade secrets of the user. Any such request must be asserted at the time of submission of the information or data. (b) When requested by the person furnishing a report, the portions of a report which might disclose trade secrets or secret processes shall not be made available for inspection by the governmental agencies for uses related to this article, the National Pollutant Discharge Elimination System (NPDES) permit, nondischarge permit and/or the pretreatment programs; however, such portions of a report shall be available for use by the state or any state agency in judicial review or enforcement proceedings involving the person furnishing the report. Wastewater Page 302 of 424
constituents and characteristics will not be recognized as confidential information. (c) All records relating to compliance with pretreatment standards shall be made available to officials of the approval authority and the EPA upon request. (Code 2003, § 26-41; Ord. No. 99-04, § 1(art. VII), 1-20-2000) Sec. 58-30. Private wastewater treatment facilities. (a) Privately owned and operated wastewater treatment facilities are permitted in the town sewer service area with the approval of the town council. Approval of privately owned and operated treatment facilities is subject to the following conditions: (1) The POTW treatment plant does not have sufficient capacity to reasonably treat projected wastewater flows from a planned unit development. (2) The wastewater treatment facility complies with all provisions of chapter 66, zoning. the town zoning ordinance. (3) The wastewater treatment facility receives all required permits from state agencies. (4) The owner of the proposed wastewater treatment facility provides a financial plan, satisfactory to the town that ensures proper operation, maintenance, repairs, replacements, and renewals, and upgrades and expansions to maintain compliance with applicable state permits. (5) The owner of the proposed wastewater treatment system applies for and is granted a certificate of public convenience and necessity from the state utilities commission. (b) The developer of the planned unit development to be served by the private treatment facility shall dedicate all easements, collection lines, force mains, lift stations, and other related facilities to the town. Such facilities shall meet the location, material, and construction standards of the town and applicable state agencies. (c) Users of the system within the planned unit development served by the private treatment facility shall remain customers of the town and pay applicable user fees as established in divison 2 of this article. section 26 of the Town Code. (d) The town, by contract, will pay the owner of the private treatment facility for the volume of wastewater flow generated by town customers. The town will pay the lesser of its cost for treatment at the northeast plant or the audited cost of treatment at the private facility. (e) The town will continue to apply impacts fees in the planned unit development to recover costs associated with sewer construction, sewer upgrade, sewer expansions, and other capital costs for the sewer system. (f) Treatment of wastewater generated from areas outside of the town corporate limits must be approved by the town council. (g) Wastewater treatment facilities owned by property or home owners’ associations are not permitted in the town. (h) Within 12 months following cessation of operation of a wastewater treatment facility approved under this section, the owner must remove the facility from the site and provide certification to the town from a qualified third party that the site is free from any contaminants. (Code 2003, § 26-42; Ord. No. 07-19, § 1, 8-16-2007) Secs. 58-31--58-48. Reserved.PROOFS DIVISION 2. FEES AND PERMITS Sec. 58-49. Purpose. It is the purpose of this division to provide for the recovery of costs from users of the town's wastewater disposal system for the implementation of the program established in this article. The applicable charges or fees shall be set forth in the town's schedule of charges and fees. (Code 2003, § 26-61; Ord. No. 99-04, § 1(22-24), 1-20-2000) Page 303 of 424
Sec. 58-50. User charges. (a) A user charge shall be levied on all users, including, but not limited to, persons who discharge, cause or permit the discharge of sewage into the POTW. (b) The user charge shall reflect at least the cost of debt service, operation and maintenance (including replacement) of the POTW. (c) Each user shall pay its proportionate cost based on volume of flow. (d) The town engineer shall review annually the sewage contributions of users, the total costs of debt service and operation and maintenance of the POTW, and will make recommendations to the town council for adjustments in the schedule of charges and fees as necessary. (e) Charges for flow to the POTW not directly attributable to the users shall be distributed among all users of the POTW based upon the volume of flow of the users. (Code 2003, § 26-62; Ord. No. 99-04, § 1(22-25), 1-20-2000) Sec. 58-51. Surcharges. All industrial users of the POTW are subject to industrial waste surcharges on discharges which require additional pretreatment and/or testing by the POTW. (Code 2003, § 26-63; Ord. No. 99-04, § 1(22-26), 1-20-2000) Sec. 58-52. Pretreatment program administration charges. The schedule of charges and fees adopted by the town may include charges and fees for: (1) Reimbursement of costs of setting up and operating the pretreatment program; (2) Laboratory testing, monitoring, inspections and surveillance procedures; (3) Reviewing slug control plans, including accidental and/or slug load discharge procedures and construction plans and specifications; (4) Permitting; and (5) Other fees as the town may deem necessary to carry out the requirements of the pretreatment program. (Code 2003, § 26-64; Ord. No. 99-04, § 1(22-27), 1-20-2000) Sec. 58-53. Wastewater dischargers. It shall be unlawful for any person to connect or discharge to the POTW without first obtaining the permission of the town. When requested by the POTW director, a user must submit information on the nature and characteristics of its wastewater within 20 days of the request. The POTW director is authorized to prepare a form for this purpose and may periodically require users to update this information. (Code 2003, § 26-65; Ord. No. 99-04, § 1(22-34), 1-20-2000) Sec. 58-54. Wastewater permits. (a) Required. All significant industrial users shall obtain a significant industrial user permit prior to the commencement of discharge to the POTW. Existing industrial users who are determined by the POTW director to be significant industrial users shall obtain a significant industrial user permit within 180 days of receiving notification of the POTWPROOFS director's determination. Industrial users who do not fit the significant industrial user criteria may, at the discretion of the POTW director, be required to obtain a wastewater discharge permit for nonsignificant industrial users. (b) Significant industrial user determination. All persons proposing to discharge nondomestic wastewater or proposing to change the volume or characteristics of an existing discharge of nondomestic wastewater shall request from the POTW director a significant industrial user determination. If the POTW director determines or suspects that the proposed discharge fits the significant industrial user criteria, he will require that a significant industrial user permit application be filed. Page 304 of 424
(c) Significant industrial user permit application. Users required to obtain a significant industrial user permit shall complete and file with the town an application in the form prescribed by the POTW director, accompanied by an application fee in the amount prescribed in the schedule of charges and fees. Significant industrial users shall apply for a significant industrial user permit within 90 days after notification of the POTW director's determination in this section. In support of the application, the user shall submit, in units and terms appropriate for evaluation, the following information: (1) Name, address and location (if different from the address). (2) Standard industrial classification (SIC) codes for pretreatment, the industry as a whole, and any processes for which categorical pretreatment standards have been promulgated. (3) Analytical data on wastewater constituents and characteristics, including, but not limited to, those mentioned in division 3 of this article, any of the priority pollutants (section 307(a) of the Act) which the applicant knows or suspects are present in the discharge as determined by a reliable analytical laboratory, and any other pollutant of concern to the POTW. Sampling and analysis shall be performed in accordance with procedures established by the EPA pursuant to section 304(g) of the Act and contained in 40 CFR 136, as amended. (4) Time and duration of the indirect discharge. (5) Average daily and 30-minute peak wastewater flow rates, including daily, monthly and seasonable variations, if any. (6) Site plans, floor plans, mechanical and plumbing plans and details to show all sewers, floor drains, sewer connections, direction of flow and appurtenances by the size, location and elevation. (7) Description of activities, facilities and plan processes on the premises, including all materials which are or could be accidentally or intentionally discharged. (8) Where known, the nature and concentration of any pollutants in the discharge which are limited by any town, state or federal pretreatment standards, and a statement regarding whether or not the pretreatment standards are being met on a consistent basis and if not, whether additional operation and maintenance (O&M) and/or additional pretreatment is required for the user to meet applicable pretreatment standards. (9) If additional pretreatment and/or O&M will be required to meet the pretreatment standards, the shortest schedule by which the user will provide such additional pretreatment. The completion date in this schedule shall not be longer than the compliance date established for the applicable pretreatment standard. The following conditions apply to this schedule: a. The schedule shall contain progress increments in the form of dates for the commencement and completion of major events leading to the construction and operation of additional pretreatment required for the user to meet the applicable pretreatment standards. No increment in the schedule shall exceed nine months. b. No later than 14 days following each date in the schedule and the final date for compliance, the user shall submit a progress report to the POTW director, including, at a minimum, whether or not it complied with the increment of progress, the reason for any delay, and if appropriate, the steps being taken by the user to return to the established schedule. In no event shall more than nine months elapse between such progress reports to the POTW director. (10) Each productPROOFS produced by type, amount, process and rate of production. (11) Type and amount of raw materials processed, average and maximum per day. (12) Number and type of employees, and hours of operation of plant and proposed or actual hours of operation of the pretreatment system. (13) If subject to a categorical standard, a baseline monitoring report in accordance with 40 CFR 40-3.12(b) and 15A NCAC 2H .0908(a), as outlined in section 58-116. 26-122. (14) Any other information as may be deemed by the POTW director to be necessary to evaluate the permit application. Page 305 of 424
(d) Application signatories and certification. All wastewater discharge permit applications and user reports must be signed by an authorized representative of the user and contain the following certification statement: I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to ensure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry, or the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations. (e) Application review and evaluation. (1) The POTW director will evaluate the data furnished by the user and may require additional information. (2) The POTW director is authorized to accept applications for the town and shall refer all applications to the POTW staff for review and evaluation. (3) Within 30 days of receipt, the POTW director shall acknowledge and accept the complete application or if not complete shall return the application to the applicant with a statement of what additional information is required. (f) Tentative determination and draft permit. (1) The POTW staff shall conduct a review of the application and an on-site inspection of the significant industrial user, including any pretreatment facilities, and shall prepare a written evaluation and tentative determination to issue or deny the significant industrial user permit. (2) If the staff's tentative determination in subsections (f)(1) of this section is to issue the permit, the following additional determinations shall be made in writing: a. Proposed discharge limitations for those pollutants proposed to be limited; b. A proposed schedule of compliance, including interim dates and requirements, for meeting the proposed limitations; and c. A brief description of any other proposed special conditions which will have significant impact upon the discharge described in the application. (3) The staff shall organize the determinations made pursuant to subsection (f)(1) and (2) of this section and the town's general permit conditions into a significant industrial user permit. (g) Permit synopsis. A fact sheet providing a brief synopsis of the application shall be prepared by the POTW staff for submission to the applicant and the approval authority and shall be made available to the public upon request. The contents of such fact sheets shall include at least the following information: (1) A sketch and detailed description of the industrial facilities and pretreatment facilities, including the location of all points of discharge to the POTW and all established compliance monitoring points. (2) A quantitative description of the discharge described in the application, which includes at least the following: a. The rate of frequency of the proposed discharge; if the discharge is continuous, the average daily flow; b. The actualPROOFS average daily discharge in pounds per day of any limited pollutant and any pollutant identified in the application as known or suspected present; and c. The basis for the pretreatment limitations, including the documentation of any calculations in applying categorical pretreatment standards. (h) Final action on significant industrial user permit applications. (1) The POTW director shall take final action on all applications not later than 90 days following receipt of a complete application. (2) The POTW director is authorized to: Page 306 of 424
a. Issue a significant industrial user permit containing such conditions as are necessary to effectuate the purposes of this article and G.S. 143-215.1. b. Issue a significant industrial user permit containing time schedules for achieving compliance with applicable pretreatment standards and requirements. c. Modify any permit upon not less than 60 days' notice and pursuant to subsection (j) of this section. d. Revoke any permit pursuant to division 1 of this article. e. Suspend a permit pursuant to division 1 of this article. f. Deny a permit application when in the opinion of the POTW director such discharge may cause or contribute to pass through or interference of the wastewater treatment plant or where necessary to effectuate the purposes of G.S. 143-215.1. (i) Hearings. (1) Initial adjudicatory hearing. a. Authorized. An applicant whose permit is denied, or is granted subject to conditions he deems unacceptable, a permitted user assessed a civil penalty under section 58-22, 26-34, or one issued an administrative order under section 58-23 26-33 shall have the right to an adjudicatory hearing before a hearing officer designated by the POTW director upon making written demand, identifying the specific issues to be contested, to the POTW director within 30 days following receipt of the significant industrial user permit, civil penalty assessment or administrative order. Unless such written demand is made within the time specified in this subsection, the action shall be final and binding. The hearing officer shall make a final decision on the contested permit, penalty or order within 45 days of the receipt of the written demand for a hearing. The POTW director shall transmit a copy of the hearing officer's decision by registered or certified mail. b. New permits. Upon appeal, including judicial review in the general courts of justice, of the terms or conditions of a newly issued permit, the terms and conditions of the entire permit are stayed; and the permit is not in effect until either the conclusion of judicial review or until the parties reach a mutual resolution. c. Renewed permits. Upon appeal, including judicial review in the general courts of justice, of the terms or conditions of a renewed permit, the terms and conditions of the existing permit remain in effect until either the conclusion of judicial review or until the parties reach a mutual resolution. (2) Final appeal hearing. a. Any decision of a hearing officer made as a result of an adjudicatory hearing held under subsection (i)(1) of this section may be appealed to the town council upon filing a written demand within ten days of receipt of notice of the decision. The town council shall hear the matter de novo in a quasi- judicial proceeding. When the subject of the appeal is the denial of a permit or a condition placed on the permit, the applicant shall have the burden of proof at the hearing. When the subject of the appeal is the assessment of a civil penalty or an administrative order, the POTW director shall have the burden of proof. b. Failure to make written demand within the time specified in this subsection (i)(2)a. shall bar further appeal. The town council shall make a final decision on the appeal within 90 days of the date the appeal wasPROOFS filed and shall transmit a written copy of its decision by registered or certified mail. (3) Official record. When a final decision is issued under subsection (i)(2) of this section, the town council shall prepare an official record of the case that includes: a. All notices, motions and other like pleadings. b. A copy of all documentary evidence introduced. c. A certified transcript of all testimony taken, if testimony is transcribed. If testimony is taken and not transcribed, a narrative summary of any testimony taken. Page 307 of 424
d. A copy of the final decision of the town council. (4) Judicial review. Any person against whom a final order or decision of the town council is entered, pursuant to the hearing conducted under subsection (i)(2) of this section, may seek judicial review of the order or decision as provided by law, by filing a written petition within 30 days after receipt of notice by registered or certified mail of the order or decision, but not thereafter, with the superior court of the county along with a copy to the town. Within 30 days after receipt of the copy of the petition of judicial review, the town council shall transmit to the reviewing court the original or a certified copy of the official record. (j) Permit modification. (1) Modifications of permits shall be subject to the same procedural requirements as the issuance of permits except as follows: a. Changes in the ownership of the discharge when no other change in the permit is indicated. b. A single modification of any compliance schedule, not in excess of four months. c. Modification of compliance schedules (construction schedules) in permits for new sources where the new source will not begin to discharge until control facilities are operational. Any changes or new conditions in the permit shall include a reasonable time schedule for compliance. (2) Within nine months of the promulgation of a National Categorical Pretreatment Standard, the wastewater discharge permit of users subject to such standards shall be revised to require compliance with such standard within the timeframe prescribed by such standard. Where a user subject to a National Categorical Pretreatment Standard has not previously submitted an application for a wastewater discharge permit as required by subsection (b) of this section, the user shall apply for a wastewater discharge permit within 180 days after the promulgation of the applicable National Categorical Pretreatment Standard. (3) A request for a modification by the permittee shall constitute a waiver of the 60-day notice required by G.S. 143-215.1(b) for modifications. (k) Permit conditions. (1) The POTW director shall have the authority to grant a permit with such conditions attached as he believes necessary to achieve the purpose of this article and G.S. 143-215.1. Wastewater permits shall contain, but are not limited to the following: a. A statement of duration (in no case more than five years); b. A statement of nontransferability; c. Applicable effluent limits based on categorical standards or local limits, or both; d. Applicable monitoring, sampling, reporting, notification and recordkeeping requirements, including an identification of pollutants to be monitored, sampling location, sampling frequency, and sample type based on federal, state and local law; e. Notification requirements for slug loads; and f. A statement of applicable civil and criminal penalties for violation of pretreatment standards and requirementsPROOFS and any applicable compliance schedule. (2) In addition, permits may contain, but are not limited to the following: a. Limits on the average and/or maximum rate of discharge, and/or requirements for flow regulation and equalization. b. Limits on the instantaneous, daily and monthly average and/or maximum concentration, mass or other measure of identified wastewater pollutants or properties. c. Requirements for the installation of pretreatment technology or construction of appropriate containment devices, etc., designed to reduce, eliminate or prevent the introduction of pollutants Page 308 of 424
into the treatment works. d. Development and implementation of spill control plans or other special conditions, including management practices necessary to adequately prevent accidental, unanticipated or nonroutine discharges. e. Development and implementation of waste minimization plans to reduce the amount of pollutants discharged to the municipal wastewater system. f. The unit charge or schedule of user charges and fees for the management of the wastewater discharged to the system. g. Requirements for installation and maintenance of inspection and sampling facilities and equipment. h. Specifications for monitoring programs which may include sampling locations, frequency of sampling, number, types and standards for tests, and reporting schedules. i. Requirements for immediate reporting of any instance of noncompliance and for automatic resampling and reporting within 30 days where self-monitoring indicates a violation. j. Compliance schedules for meeting pretreatment standards and requirements. k. Requirements for submission of periodic self-monitoring or special notification reports. l. Requirements for maintaining and retaining plans and records relating to wastewater discharges as specified in section 58-128 26-134 and affording the POTW director or his representatives access. m. Requirements for prior notification and approval by the POTW director of any new introduction of wastewater pollutants or of any significant change in the volume or character of the wastewater prior to introduction in the system. n. Requirements for the prior notification and approval by the POTW director of any change in the manufacturing and/or pretreatment process used by the permittee. o. Requirements for immediate notification of excessive, accidental or slug discharges, or any discharge which could cause any problems to the system. p. A statement that compliance with the permit does not relieve the permittee of responsibility for compliance with all applicable federal and state pretreatment standards, including those which become effective during the terms of the permit. q. Other conditions as deemed appropriate by the POTW director to ensure compliance with this article and state and federal laws, rules and regulations. (l) Permit duration. Permits shall be issued for a specified time period, not to exceed five years. A permit may be issued for a period less than a year or may be stated to expire on a specific date. (m) Permit transfer. Wastewater permits are issued to a specific user for a specific operation. A wastewater discharge permit shall not be reassigned or transferred or sold to a new owner, new user, different premises, or a new or changed operation. (n) Permit reissuance. A significant industrial user shall apply for permit reissuance by submitting a complete permit application in accordance with this section a minimum of 180 days prior to the expiration of the existing permit. (Code 2003, § 26-66; Ord.PROOFS No. 99-04, § 1(22-35), 1-20-2000) Sec. 58-55. Capacity fees. (a) The revenue derived from capacity fees assessed by the town shall be used for the retirement of water and sewer bonds, the payment of debt service and capital improvement projects, maintenance of the water and sewer systems, and other expenditures permitted by applicable law (collectively, the "water and sewer expenses"). Money collected from the payment of capacity fees shall be placed in the water and sewer enterprise fund and shall be used only to pay current water and sewer expenses. No part of such fees shall be used for the payment of water and sewer expenses to be furnished in the future. In order to ensure that such capacity fees are spent for current water and Page 309 of 424
sewer expenses, the following steps shall be followed: (1) In preparing a budget for each upcoming fiscal year, the town manager or his designee shall estimate the number of residential and commercial units to be constructed in such upcoming fiscal year. (2) In preparing a budget for each upcoming fiscal year, the town manager or his designee shall also prepare an estimate of all water and sewer expenses for such upcoming fiscal year. (3) Based on the estimates arrived at as described in subsections (a)(1) and (2) of this section, the town manager or his designee shall determine a capacity fee to be charged in such upcoming fiscal year. (4) Prior to the end of the current fiscal year, the town manager or his designee will evaluate any net overage or loss of capacity fee revenue collected. Any overage so calculated will be spent on current water and sewer expenses within the next fiscal year. (b) Capacity fees shall be due and payable at the time of submitting a new building construction application. (Code 2003, § 26-67; Ord. No. 17-01 , § 1, 1-19-2017) Editor's note—Ord. No. 17-01 , § 1, adopted January 19, 2017, amended section 26-67 in its entirety to read as herein set out. Formerly, section 26-67 pertained to sewer impact fees, and derived from Ord. No. 07-19, § 2, adopted August 16, 2007. Secs. 58-56--58-83. Reserved. DIVISION 3. DISCHARGE STANDARDS Sec. 58-84. Prohibited discharge standards. (a) General prohibitions. No user shall contribute or cause to be contributed into the POTW, directly or indirectly, any pollutant or wastewater which causes interference or pass through. These general prohibitions apply to all users of a POTW whether or not the user is a significant industrial user or subject to any national, state or local pretreatment standards or requirements. (b) Specific prohibitions. No user shall contribute or cause to be contributed into the POTW the following pollutants, substances or wastewater: (1) Pollutants which create a fire or explosive hazard in the POTW, including, but not limited to, waste streams with a closed cup flashpoint of less than 140 degrees Fahrenheit (60 degrees Celsius) using the test methods specified in 40 CFR 261.21. (2) Solid or viscous substances in amounts which will cause obstruction of the flow in the POTW resulting in interference, but in no case solids greater than one-half inch in any dimension. (3) Petroleum oil, nonbiodegradable cutting oil or products of mineral oil origin in amounts that will cause interference or pass through. (4) Any wastewater having a pH less than 5.0 or more than 9.0 or wastewater having any other corrosive property capable of causing damage to the POTW or equipment. (5) Any wastewater containing pollutants, including oxygen-demanding pollutants (BOD, etc.), in sufficient quantity (flow or concentration), either singly or by interaction with other pollutants, to cause interference with the POTW. (6) Any wastewater having a temperature greater than 150 degrees Fahrenheit (60 degrees Celsius), or which will inhibit biologicalPROOFS activity in the POTW treatment plant resulting in interference, but in no case wastewater which causes the temperature at the introduction into the treatment plant to exceed 104 degrees Fahrenheit (40 degrees Celsius). (7) Any pollutants which result in the presence of toxic gases, vapors or fumes within the POTW in a quantity that may cause acute worker health and/or safety problems. (8) Any trucked or hauled pollutants, except at discharge points designated by the POTW director in accordance with section 58-92. 26-99. (9) Any noxious or malodorous liquids, gases or solids or other wastewater which, either singly or by interaction with other wastes, are sufficient to create a public nuisance or hazard to life or are sufficient Page 310 of 424
to prevent entry into the sewers for maintenance and repair. (10) Any substance which may cause the POTW's effluent or any other product of the POTW such as residues, sludges or scums to be unsuitable for reclamation and reuse or to interfere with the reclamation process. In no case shall a substance discharged to the POTW cause the POTW to be in noncompliance with sludge use or disposal regulations or permits issued under section 405 of the Act, the Solid Waste Disposal Act, the Clean Air Act, the Toxic Substances Control Act, or state criteria applicable to the sludge management method being used. (11) Any wastewater which imparts color which cannot be removed by the treatment process, including, but not limited to, dye wastes and vegetable tanning solutions, which consequently imparts sufficient color to the treatment plan's effluent to render the waters injurious to public health or secondary recreation or to aquatic life and wildlife or to adversely affect the palatability of fish or aesthetic quality or impair the receiving waters for any designated uses. (12) Any wastewater containing any radioactive wastes or isotopes except as specifically approved by the POTW director in compliance with applicable state or federal regulations. (13) Stormwater, surface water, groundwater, artesian well water, roof runoff, subsurface drainage, swimming pool drainage, condensate, deionized water, noncontact cooling water and unpolluted industrial wastewater unless specifically authorized by the POTW director. (14) Fats, oils or greases of animal or vegetable origin in concentrations greater than 100 mg/l. (15) Any sludges, screenings or other residues from the pretreatment of industrial wastes. (16) Any medical wastes, except as specifically authorized by the POTW director in a wastewater discharge permit. (17) Any material containing ammonia, ammonia salts or other chelating agents which will produce metallic complexes that interfere with the municipal wastewater system. (18) Any material that would be identified as hazardous waste according to 40 CFR 261 if not disposed of in a sewer except as may be specifically authorized by the POTW director. (19) Any wastewater causing the treatment plant effluent to violate state water quality standards for toxic substances as described in 15A NCAC 2B .0200. (20) Wastewater causing, alone or in conjunction with other sources, the treatment plant's effluent to fail a toxicity test. (21) Recognizable portions of human or animal anatomy. (22) Any wastes containing detergents, surface active agents or other substances which may cause excessive foaming in the municipal wastewater system. (c) LEL meter reading. At no time shall two successive readings on an explosion hazard meter, at the point of discharge into the system (or at any point in the system), be more than five percent nor any single reading over ten percent of the lower explosive limit (LEL) of the meter. (d) Process or storage area; impact of contribution. Pollutants, substances, wastewater or other wastes prohibited by this section shall not be processed or stored in such a manner that they could be discharged to the municipal wastewater system. All floor drains located in process or materials storage areas must discharge to the industrial user's pretreatmentPROOFS facility before connecting with the system. When the POTW director determines that a user is contributing to the POTW any of the substances enumerated in subsection (b) of this section in such amounts which may cause or contribute to interference of POTW operation or pass through, the POTW director shall advise the user of the potential impact of the contribution on the POTW in accordance with section 58-21 26- 33 and take appropriate actions in accordance with sections 58-5 326-65 and 58-54 26-66 for such user to protect the POTW from interference or pass through. (Code 2003, § 26-91; Ord. No. 99-04, § 1(22-9), 1-20-2000) Page 311 of 424
Sec. 58-85. National Categorical Pretreatment Standards. (a) Users subject to categorical pretreatment standards are required to comply with applicable standards as set out in 40 CFR 405—471 and incorporated in this article. (b) Where a categorical pretreatment standard is expressed only in terms of either the mass or the concentration of a pollutant in wastewater, the POTW director may impose equivalent concentration or mass limits in accordance with 40 CFR 403.6(c). (c) When wastewater subject to a categorical pretreatment standard is mixed with wastewater not regulated by the same standard, the POTW director shall impose an alternate limit using the combined waste stream formula in 40 CFR 403.6(3). (d) A user may obtain a variance from a categorical pretreatment standard if the user can prove, pursuant to the procedural and substantive provisions in 40 CFR 403.13, that factors relating to its discharge are fundamentally different from the factors considered by the EPA when developing the categorical pretreatment standard. (e) A user may obtain a net gross adjustment to a categorical standard in accordance with 40 CFR 402.15. (Code 2003, § 26-92; Ord. No. 99-04, § 1(22-10), 1-20-2000) Sec. 58-86. Local limits. (a) To implement the general and specific discharge prohibitions listed in this division, industrial user- specific local limits will be developed ensuring that the POTW's maximum allowable headworks loading is not exceeded for particular pollutants of concern for each industrial user. Where specific local limits are not contained for a given parameter or pollutant in an industrial user permit, the following limits will apply to all users:
Limit Pollutant
250 mg/l BOD
250 mg/l TSS
40 mg/l TKN
0.003 mg/l arsenic
0.003 mg/l cadmium
0.061 mg/l copper
0.041 mg/l cyanide
0.049 mg/l lead PROOFS0.0003 mg/l mercury 0.021 mg/l nickel
0.005 mg/l silver
0.05 mg/l total chromium Page 312 of 424
0.175 mg/l zinc
(b) Industrial waste survey information will be used to develop user-specific local limits when necessary to ensure that the POTW's maximum allowable headworks loading is not exceeded for particular pollutants of concern. User-specific local limits for appropriate pollutants of concern shall be included in wastewater permits. The POTW director may impose mass limits in addition to or in place of concentration-based limits. (Code 2003, § 26-93; Ord. No. 99-04, § 1(22-11), 1-20-2000) Sec. 58-87. State requirements. State requirements and limitations on discharges shall apply in any case where they are more stringent than federal requirements and limitations or those in this article. (Code 2003, § 26-94; Ord. No. 99-04, § 1(22-12), 1-20-2000) Sec. 58-88. Right of revision. The town reserves the right to establish limitations and requirements which are more stringent than those required by either state or federal regulation if deemed necessary to comply with the objectives presented in section 58-19 26-31 or the general and specific prohibitions in section 58-84 26-91, as is allowed by 40 CFR 403.4. (Code 2003, § 26-95; Ord. No. 99-04, § 1(22-13), 1-20-2000) Sec. 58-89. Dilution. No user shall ever increase the use of process water or, in any way, attempt to dilute a discharge as a partial or complete substitute for adequate treatment to achieve compliance with the limitations contained in the National Categorical Pretreatment Standards, unless expressly authorized by an applicable pretreatment standard, or in any other pollutant-specific limitation developed by the town or state. (Code 2003, § 26-96; Ord. No. 99-04, § 1(22-14), 1-20-2000) Sec. 58-90. Pretreatment of wastewater. (a) Pretreatment facilities. Users shall provide wastewater treatment as necessary to comply with this article and wastewater permits issued under section 58-54 26-66 and shall achieve compliance with all National Categorical Pretreatment Standards, local limits and the pretreatment standards, local limits and the prohibitions set out in section 58-84 26-91 within the time limitations as specified by the EPA, the state, or the POTW director, whichever is more stringent. Any facilities necessary for compliance shall be provided, operated and maintained at the user's expense. Detailed plans showing the pretreatment facilities and operating procedures shall be submitted to the town for review and shall be approved by the POTW director before construction of the facility. The review of such plans and operating procedures shall in no way relieve the user from the responsibility of modifying the facility as necessary to produce an effluent acceptable to the town under the provisions of this article. Any subsequent changes in the pretreatment facilities or method of operation in the pretreatment facilities shall be reported to and be approved by the POTW director prior to the user's initiation of the changes. (b) Additional pretreatment measures. (1) Whenever deemed necessary, the POTW director may require users to restrict their discharge during peak flow periods,PROOFS designate that certain wastewater be discharged only into specific sewers, relocate and/or consolidate points of discharge, separate sewage waste streams from industrial waste streams, and such other conditions as may be necessary to protect the POTW and determine the user's compliance with the requirements of this article. (2) The POTW director may require any person discharging into the POTW to install and maintain, on his property and at his expense, a suitable storage and flow-control facility to ensure equalization of flow. A wastewater discharge permit may be issued solely for flow equalization. (3) Users with the potential to discharge flammable substances may be required to install and maintain an approved combustible gas detection meter. Page 313 of 424
(Code 2003, § 26-97; Ord. No. 99-04, § 1(22-15), 1-20-2000) Sec. 58-91. Accidental discharge/slug control plans. At least once every two years, the POTW director shall evaluate whether each significant industrial user needs an accidental discharge/slug control plan. The POTW director may require any user to develop, submit for approval and implement such a plan. Alternatively, the POTW director may develop such a plan for any user. An accidental discharge/slug control plan shall address, at a minimum, the following: (1) Description of discharge practices, including nonroutine batch discharges; (2) Description of stored chemicals; (3) Procedures for immediately notifying the POTW director of any accidental or slug discharge as required by section 58-121; 26-127; and (4) Procedures to prevent adverse impact from any accidental or slug discharge. Such procedures shall include, but are not limited to inspection and maintenance of storage areas, handling and transfer of materials, loading and unloading operations, control of plant site runoff, worker training, building of containment structures or equipment, measures for containing toxic organic pollutants, including solvents, and/or measures and equipment for emergency response. (Code 2003, § 26-98; Ord. No. 99-04, § 1(22-16), 1-20-2000) Sec. 58-92. Hauled wastewater. The town will not accept hauled industrial waste or septage from septic tanks unless specific authorization is given in writing from the POTW director. (Code 2003, § 26-99; Ord. No. 99-04, § 1(22-17), 1-20-2000) Sec. 58-93. Requirement for prior approval by town council. Any request from a prospective user to discharge in excess of 2,000 gallons of wastewater per day into the POTW must be approved in advance by the town council. (Code 2003, § 26-100; Ord. No. 03-09, § 1(22-18), 3-20-2003) Editor's note—Ord. No. 03-09, § 1, adopted March 20, 2003, set out provisions intended for use as 22-18. At the editor's discretion, these provisions have been included as section 26-100. Secs. 58-94--58-114. Reserved. DIVISION 4. REPORTING REQUIREMENTS Sec. 58-115. List of noncompliant industrial users. At least annually, the POTW director shall publish in the largest daily newspaper circulated in the service area a list of those industrial users which were found to be in significant noncompliance, also referred to as reportable noncompliance in 15A NCAC 2H .0903(b)(10), with applicable pretreatment standards and requirements, during the previous 12 months. (Code 2003, § 26-121; Ord. No. 99-04, § 1(art. X), 1-20-2000) Sec. 58-116. Baseline monitoring reports. (a) Within eitherPROOFS 180 days after the effective date of a categorical pretreatment standard, or the final administrative decision on a category determination under 40 CFR 403.6(a)(4), whichever is later, existing categorical users currently discharging to or scheduled to discharge to the POTW shall submit to the POTW director a report which contains the information listed in subsection (b) of this section. At least 90 days prior to commencement of their discharge, new sources, and sources that become categorical users subsequent to the promulgation of an applicable categorical standard, shall submit to the POTW director a report which contains the information listed in subsection (b) of this section. A new source shall report the method of pretreatment it intends to use to meet applicable categorical standards. A new source also shall give estimates of its anticipated flow and quantity of pollutants to be discharged. Page 314 of 424
(b) Users described in subsection (a) of this section shall submit the following information: (1) Identifying information. The name and address of the facility, including the name of the operator and owner. (2) Environmental permits. A list of any environmental control permits held by or for the facility. (3) Description of operations. A brief description of the nature, average rate of production, and standard industrial classifications of the operation carried out by such user. This description should include a schematic process diagram which indicates points of discharge to the POTW from the regulated processes. (4) Flow measurement. Information showing the measured average daily and maximum daily flow, in gallons per day, to the POTW from regulated process streams and other streams, as necessary, to allow use of the combined waste stream formula set out in 40 CFR 403.6(e). (5) Measurement of pollutants. a. The categorical pretreatment standards applicable to each regulated process. b. The results of sampling and analysis identifying the nature and concentration and/or mass, where required by the standard or by the POTW director, of regulated pollutants in the discharge from each regulated process. Instantaneous, daily maximum and long-term average concentrations, or less, where required, shall be reported. The sample shall be representative of daily operations and shall be analyzed in accordance with procedures set out in section 58-125. 26-131. c. Sampling must be performed in accordance with procedures set out in section 58-126. 26-132. (6) Certification. A statement, reviewed by the user's authorized representative and certified by a qualified professional, indicating whether pretreatment standards are being met on a consistent basis and, if not, whether additional operation and maintenance (O&M) and/or additional pretreatment is required to meet the pretreatment standards and requirements. (7) Compliance schedule. If additional pretreatment and/or O&M will be required to meet the pretreatment standards, the shortest schedule by which the user will provide such additional pretreatment and/or O&M. The completion date in this schedule shall not be later than the compliance date established for the applicable pretreatment standard. A compliance schedule pursuant to this section must meet the requirements set out in section 58-117. 26-123. (8) Signature and certification. All baseline monitoring reports must be signed and certified in accordance with section 58-54(d). 26-66(d). (Code 2003, § 26-122; Ord. No. 99-04, § 1(22-42), 1-20-2000) Sec. 58-117. Compliance schedule progress reports. The following conditions shall apply to the compliance schedule required by section 58-116(b)(7): 26- 122(b)(7): (1) The schedule shall contain progress increments in the form of dates for the commencement and completion of major events leading to the construction and operation of additional pretreatment required for the user to meet the applicable pretreatment standards (such events include, but are not limited to hiring an engineer, completing preliminary and final plans, executing contracts for major components, commencing PROOFSand completing construction, and beginning and conducting routine operation); (2) No increment referred to in subsection (1) of this section shall exceed nine months; (3) The user shall submit a progress report to the POTW director no later than 14 days following each date in the schedule and the final date of compliance, including, as a minimum, whether or not it complied with the increment of progress, the reason for any delay, and, if appropriate, the steps being taken by the user to return to the established schedule; and (4) In no event shall more than nine months elapse between such progress reports to the POTW director. (Code 2003, § 26-123; Ord. No. 99-04, § 1(22-43), 1-20-2000) Page 315 of 424
Sec. 58-118. Reports on compliance with categorical pretreatment standard deadline. Within 90 days following the date for final compliance with applicable categorical pretreatment standards, or in the case of a new source following commencement of the introduction of wastewater into the POTW, any user subject to such pretreatment standards and requirements shall submit to the POTW director a report containing the information described in section 58-116 26-122(b)(4)—(6). For users subject to equivalent mass or concentration limits established in accordance with the procedures in 40 CFR 403.6(c), this report shall contain a reasonable measure of the user's long-term pretreatment standards expressed in terms of allowable pollutant discharge per unit of production or other measure of operation. This report shall include the user's actual production during the appropriate sampling period. All compliance reports must be signed and certified in accordance with section 58- 54(d). 26-66(d). (Code 2003, § 26-124; Ord. No. 99-04, § 1(22-44), 1-20-2000) Sec. 58-119. Periodic compliance reports. (a) All significant industrial users shall, at a frequency determined by the POTW director but in no case less than twice per year (in June and December), submit a report indicating the nature and concentration of pollutants in the discharge which are limited by pretreatment standards and the measured or estimated average and maximum daily flows for the reporting period. All periodic compliance reports must be signed and certified in accordance with section 58-54(d). 26-66(d) (b) All wastewater samples must be representative of the user's discharge. Wastewater monitoring and flow measurement facilities shall be properly operated, kept clean and maintained in good working order at all times. The failure of a user to keep its monitoring facility in good working order shall not be grounds for the user to claim that sample results are unrepresentative of its discharge. (c) If a user subject to the reporting requirement in this section monitors any pollutant more frequently than required by the POTW director, using the procedures prescribed in section 258-125, 6-131, the results of this monitoring shall be included in the report. (Code 2003, § 26-125; Ord. No. 99-04, § 1(22-45), 1-20-2000) Sec. 58-120. Reports of changed conditions. (a) Each user must notify the POTW director of any planned significant changes to the user's operations or system which might alter the nature, quality or volume of its wastewater at least 20 days before the change. (b) The POTW director may require the user to submit such information as it may be deemed necessary to evaluate the changed condition, including the submission of a wastewater discharge permit application under section 58-54. 26-66. (c) The POTW director may issue a wastewater discharge permit or modify an existing wastewater discharge permit under section 58-54 26-66 (h) in response to changed conditions or anticipated changed conditions. (d) For purposes of this requirement, significant changes include, but are not limited to flow increases of 20 percent or greater, and the discharge of any previously unreported pollutants. (Code 2003, § 26-126; Ord. No. 99-04, § 1(22-46), 1-20-2000) Sec. 58-121. Reports of potential problems. (a) In the case of any discharge, including, but not limited to, accidental discharges, discharges of a nonroutine, episodic nature,PROOFS a noncustomary batch discharge, or a slug load that may cause potential problems for the POTW, the user shall immediately telephone and notify the POTW director of the incident. This notification shall include the location of the discharge, type of waste, concentration and volume, if known, and corrective actions taken by the user. (b) Within five days following such discharge, the user shall, unless waived by the POTW director, submit a detailed written report describing the cause of the discharge and the measures to be taken by the user to prevent similar future occurrences. Such notification shall not relieve the user of any expense, loss, damage or other liability which may be incurred as a result of damage to the POTW, natural resources, or any other damage to person or property; nor shall such notification relieve the user of any fines, penalties or other liability which may be imposed Page 316 of 424
pursuant to this article. (c) A notice shall be permanently posted on the user's bulletin board or other prominent place advising employees whom to call in the event of a discharge described in subsection (a) of this section. Employers shall ensure that all employees who may cause such a discharge to occur are advised of the emergency notification procedure. (Code 2003, § 26-127; Ord. No. 99-04, § 1(22-47), 1-20-2000) Sec. 58-122. Reports from unpermitted users. All users not required to obtain a wastewater discharge permit shall provide appropriate reports to the POTW director as the POTW director may require. (Code 2003, § 26-128; Ord. No. 99-04, § 1(22-48), 1-20-2000) Sec. 58-123. Notice of violation/repeat sampling and reporting. If sampling performed by a user indicates a violation, the user must notify the POTW director within 24 hours of becoming aware of the violation. The user shall also repeat the sampling and analysis and submit the results of the repeat analysis to the POTW director within 30 days after becoming aware of the violation. The user is not required to resample if the POTW director monitors at the user's facility at least once a month, or if the POTW director samples between the user's initial sampling and when the user receives the results of this sampling. (Code 2003, § 26-129; Ord. No. 99-04, § 1(22-49), 1-20-2000) Sec. 58-124. Discharge of hazardous waste prohibited. All users shall be prohibited from discharging hazardous waste into the sewers. Hazardous waste shall be as defined under 40 CFR 261. (Code 2003, § 26-130; Ord. No. 99-04, § 1(22-50), 1-20-2000) Sec. 58-125. Analytical requirements. All pollutant analyses, including sampling techniques, to be submitted as part of a wastewater discharge permit application or report shall be performed in accordance with the techniques prescribed in 40 CFR 136, unless otherwise specified in an applicable categorical pretreatment standard. If 40 CFR 136 does not contain sampling or analytical techniques for the pollutant in question, sampling and analyses must be performed in accordance with procedures approved by the EPA. (Code 2003, § 26-131; Ord. No. 99-04, § 1(22-51), 1-20-2000) Sec. 58-126. Sample collection. (a) Except as indicated in subsection (b) of this section, the user must collect wastewater samples using flow proportional composite collection techniques. If flow proportional sampling is infeasible, the POTW director may authorize the use of time proportional sampling or a minimum of four grab samples where the user demonstrates that this will provide a representative sample of the effluent being discharged. In addition, grab samples may be required to show compliance with instantaneous discharge limits. (b) Samples for oil and grease, temperature, pH, cyanide, phenols, sulfides and volatile organic compounds must be obtained using grab collection techniques. (Code 2003, § 26-132; Ord.PROOFS No. 99-04, § 1(22-52), 1-20-2000) Sec. 58-127. Timing. Written reports will be deemed to have been submitted on the date postmarked. For reports which are not mailed, postage prepaid, into a mail facility serviced by the United States Postal Service, the date of receipt of the report shall govern. (Code 2003, § 26-133; Ord. No. 99-04, § 1(22-53), 1-20-2000) Sec. 58-128. Recordkeeping. Users subject to the reporting requirements of this article shall retain, and make available for inspection and Page 317 of 424 copying, all records of information obtained pursuant to any monitoring activities required by this article and any additional records of information obtained pursuant to monitoring activities undertaken by the user independent of such requirements. Records shall include the date, exact place, method and time of sampling, and the name of the person taking the samples; the dates analyses were performed; who performed the analyses; the analytical techniques or methods used; and the results of such analyses. These records shall remain available for a period of at least three years. This period shall be automatically extended for the duration of any litigation concerning the use or the town, or where the user had been specifically notified of a longer retention period by the POTW director. (Code 2003, § 26-134; Ord. No. 99-04, § 1(22-54), 1-20-2000) Sec. 58-129. Quality determination/effluent sampling. (a) Periodic measurements of flow, suspended solids, BOD and other appropriate waste characteristics for surcharge determination and other purposes shall be made by those permittees specifically designated by the POTW director. The POTW director shall determine the number of 24-hour flow measurements and samples required. Continuous monitoring may be required by the POTW director in cases involving large fluctuations in quantity or quality of wastes, or if the wastewater appears to have characteristics which may damage the receiving system. (b) All public sanitary sewer users whose total average sewage discharge is greater than 25,000 gallons per day, or whose total average discharge has a flow or pollutant loading requiring utilization of greater than five percent of the design capacity of the town's treatment works, or any regional system utilized by the town, shall, unless exempted by the POTW director, install and maintain, at the user's expense, facilities for continuously measuring and sampling the total waste discharge. This requirement may be waived for a particular user only when the quantity, flow rate and characteristics of the wastewater can be adequately determined without such structures; when the physical arrangements of industrial plant facilities with respect to sewer facilities make such arrangements unusually costly and other means of ascertaining the quantity, flow rate and characteristics can be devised; or when previous sampling facilities have been built by either the town or a prior owner. When the POTW director shall determine for such facilities discharging less than 25,000 gallons per day that the nature of the discharge and/or conditions of the permit warrant continuous monitoring and sampling, the POTW director may require such user to install and maintain sampling facilities as stated in this division. Any sampling facility previously built by the town shall become the maintenance responsibility of the user after October 13, 1981, unless the POTW director shall determine that it is in the best interest of the town for the town to continue maintenance. (c) All flow measurements, sampling and analysis shall be performed by qualified personnel; all laboratory analyses of industrial wastewater samples shall be performed by an EPA/DEM certified laboratory in accordance with current standard chemical analysis methods for wastewater established by the EPA/DEM. All samples shall represent the normal wastewater flow from the premises over a 24-hour period. The samples shall be composited according to the flow either manually with at least one sample collected hourly, or by automatic integrated sampling equipment. (d) Unless otherwise prescribed by the POTW director, self-monitoring reports of all the sampling shall be submitted to the town quarterly in accordance with the following schedule:
Monitoring Period Report Due Date JanuaryPROOFS 1—March 31 April 15 April 1—June 30 July 15
July 1—September 30 October 15
October 1—December 31 January 15
(e) Where a permittee operates as an integrated complex involving varying processes and having separate Page 318 of 424
industrial waste sewer connections within the same contributory area, such permittee may be considered as one unit with multiple connections. An analysis for each connection may be combined in proportion to the flow from the connection and the weighted average of the results thus obtained may be used as the measure of the total flow and concentration of the wastewater discharged into the public sanitary sewer. (Code 2003, § 26-135; Ord. No. 99-04, § 1(22-60), 1-20-2000) Sec. 58-130. Quantity determination. (a) Unless otherwise provided, the quantity of wastewater delivered to the public sanitary sewers shall be the same as the water delivered to the producer by the town water system. If the user is not required to connect to the town water system, and if well water or some other private source of water is to be used by the wastewater system customer, it must be metered at the sewer user's expense, using an accurate and dependable metering device. The wastewater system user shall pay to the town the costs incurred in periodic water meter reading and wastewater service billing. Such water metering devices shall be available to town personnel at all reasonable times. (b) Should the user evaporate or otherwise legally dispose of water delivered by the town's water system or produced from its own wells, it shall be the obligation of the user to install, at his expense, such meters or other flow measurement devices to accurately determine the portion or quantity of the metered water delivered to the wastewater system. (c) The POTW director may establish a constant ratio, factor or percentage to be applied to the meter water quantity delivered by the town or otherwise produced from the wastewater system user's own sources in order to estimate the quantity of wastewater delivered by the user. Determination of this factor shall be the responsibility of the user as will be the demonstration of the accuracy and generality of the factor to obtain the POTW director's approval. The value of this factor will be periodically reviewed for accuracy and may be revised. (d) All domestic and industrial users served by the town wastewater system shall pay a sewer user charge to the town in accordance with section 58-50. 26-62. (e) Where no payment procedure is established, it shall be the obligation of the owner in all instances to immediately submit to the POTW director a statement concerning water consumption and disposal upon which wastewater service fees can be determined. If changes in the consumption and disposal conditions so stated take place after billing rates and charges have been initially established, a further statement is required to be submitted on forms supplied by the POTW director. (Code 2003, § 26-136; Ord. No. 99-04, § 1(22-61), 1-20-2000) Secs. 58-131--58-158. Reserved. DIVISION 5. SEWER CONNECTIONS Sec. 58-159. Connection fees. (a) The applicant for sewer service connection shall engage a utility contractor approved by the town to install all facilities necessary for the sewer service connection. All cost and expense incident to the installation of such facilities shall be borne by the applicant. The cost and expense of inspecting the tap and installation shall be paid through an inspection fee levied by the town. (b) The town will not install sewer service connections unless the POTW director determines that: (1) Such action isPROOFS necessary to protect the public health or safety; or (2) The requirement for engaging a utility contractor will result in an unnecessary hardship to the applicant due to conditions peculiar to the property to be served, including the location of sewer lines in relation to the property. (c) Where the town installs the sewer service connection, the applicant for connection shall pay a connection fee levied by the town to cover all costs and expenses incurred by the town incident to the installation of service. Such costs shall include the costs of tapping the town's sewer line and installing the service. (d) The fees set forth in this section shall be paid upon application for connection by the owner and prior to installation of the connecting facilities. Sewer service inspection and connection fees shall be set forth in the fee Page 319 of 424
schedule. (Code 2003, § 26-161; Ord. No. 99-04, § 1(22-75), 1-20-2000) Sec. 58-160. Separate connection required. (a) All owners of improved lots with plumbing facilities within the town limits abutting a right-of-way where public sewer mains are laid that front any boundary of that lot, and where the town has legal authority to install a connecting pipe from the main to the lot line, shall make application to the town and pay the appropriate fees for the installation of service pipe to connect the owners' plumbing facilities to the sewer main within 45 after the date said mains have been installed fronting said boundary. The date said main shall be considered installed shall be the date the main is first accepted by the town for operation and maintenance. Provided that nothing contained herein shall relieve any potential user of the town's sewer system from acquiring necessary permits and approval from the town as set forth in the sanitary sewer use ordinance. (b) If sewer mains have been installed abutting improved property before the date of the adoption of this section, property owners shall cause all plumbing facilities to be connected to the town's sewer mains within 45 days from the date the town accepts the town's portion of the Northeast Brunswick Regional Wastewater Treatment Facility. (c) A separate and independent building sewer shall be provided for every building; an exception may be granted if one building stands at the rear of another on an interior lot and it is not economically feasible for the town to construct a public sewer and access point to the rear of the building through an adjoining alley, court, yard, driveway or other access. In such event, the building sewer may be extended to the rear building and the whole considered as one building sewer. However, if separate water meters service each building, separate wastewater service fees shall be charged to each building. A further exception shall apply in the case of mobile home parks. One sewer tap shall be provided by the town for a mobile home park. It shall be the responsibility and obligation of the owner of such park to run the necessary mains and make the required connections in order to connect each mobile home in such park to the town's sewer system. (Code 2003, § 26-162; Ord. No. 99-04, § 1(22-76), 1-20-2000; Ord. No. 02-04, § 1, 1-17-2002) Sec. 58-161. Method of sewer connection. (a) All connections to the town sanitary sewer system shall be made in accordance with the state building code, volume II, relating to plumbing, or current edition. All such connections shall be made at access points prescribed and provided by the town; the applicant is responsible for constructing the building sewer in a manner necessary to ensure connection at the access point. (b) If any connection exists between a building sewer and a public sanitary sewer at a point other than the access point prescribed and provided by the town, the town may serve a notice upon the owner in accordance with section 58-21 26-33(a) immediately upon discovery. The owner shall be subject to the provisions of division 3 of this article; and if service is disconnected, the owner may receive access to a public sanitary sewer only by applying for and paying a connection fee pursuant to section 58-159. 26-161. (Code 2003, § 26-163; Ord. No. 99-04, § 1(22-77), 1-20-2000) Sec. 58-162. Elevation of sewer connection. All building sewers shall be brought to the building at an elevation below the lowest floor level having sanitary facilities. In all buildings in which any building drain is below a point which will permit a minimum average slope of the building sewer of PROOFSone foot per 100 feet, wastewater carried by such building sewer shall be lifted by pumping units or other approved means and discharged through a building sewer having the minimum average slope. (Code 2003, § 26-164; Ord. No. 99-04, § 1(22-78), 1-20-2000) Sec. 58-163. Prohibited connections. No connection shall be permitted that will allow inflow other than sanitary waste to enter the town's wastewater collection and treatment system. The prohibited connections shall include, but not be limited to the connection of roof downspouts, exterior foundation drains or other sources of stormwaters or groundwater to a building sewer which is connected directly or indirectly to a public sanitary sewer. Page 320 of 424
(Code 2003, § 26-165; Ord. No. 99-04, § 1(22-79), 1-20-2000) Sec. 58-164. Public hazard. All excavations for building sewer installation within public rights-of-way shall be performed under a permit issued by the town manager and shall be adequately guarded with barricades and lights so as to protect the public from hazard. Streets, sidewalks, plazas and other public property disturbed in the course of the work shall be restored in a manner satisfactory to the town subject to the terms and conditions of the permit. (Code 2003, § 26-166; Ord. No. 99-04, § 1(22-80), 1-20-2000) Sec. 58-165. Grease removal.68 (a) Grease and oil traps or other interceptors shall be provided at the user's expense, when such user operates an establishment preparing, processing or serving food and/or food products. Grease interceptors may also be required in other industrial or commercial establishments when they are necessary for the proper handling of liquid wastes containing oil and/or grease in amounts in excess of 200 mg/l by weight fat soluble, or for any flammable wastes. All such traps, tanks, chambers or other interceptors shall be of a type and capacity approved by the POTW director and shall be readily and easily accessible for cleaning and inspection. All such interceptors shall be serviced and emptied of the waste content as required, but not less often than every 30 days, in order to maintain their minimum design capability to intercept oils and greases from the wastewater discharged to the public sanitary sewer. (b) No waste removed from the interceptor shall be reintroduced into the sanitary sewer or back into the interceptor which will cause the interceptor's discharge to exceed limits prescribed in this article. The owner shall be responsible for the sanitary disposal of such waste. (c) The owner shall maintain a written Records of trap maintenance shall be maintained by the owner for three years, and . A the owner shall provide a copy of this each maintenance record to the pretreatment inspector monthly within a month of such maintenance. (Code 2003, § 26-167; Ord. No. 99-04, § 1(22-81), 1-20-2000; altered in 2018 recodification) Sec. 58-166. Sand and grit removal.69 (a) Sand and grit traps or other interceptors shall be provided at the owner's expense when they are necessary for the proper handling and control of liquid wastes containing sand and grit in excessive amounts. All such interceptors shall be of a type and capacity approved by the POTW director and shall be readily and easily accessible for cleaning and inspection. All such interceptors shall be serviced and emptied of their solid contents as required, but not less often than every 30 days, in order to maintain their minimum design capability to intercept grit and sand prior to the discharge of wastewater to the public sanitary sewer. (b) Wastes removed from sand and grit interceptors shall not be discharged into the public sanitary sewer. The owner shall be responsible for the sanitary disposal of such wastes. (c) The owner shall maintain a Written records of trap maintenance shall be maintained by the owner for three years, and the owner shall provide a copy of this each maintenance record to the pretreatment inspector monthly within a month of such maintenance. (Code 2003, § 26-168; Ord. No. 99-04, § 1(22-82), 1-20-2000; altered in 2018 recodification) Sec. 58-167. Preliminary treatment devices. Where preliminaryPROOFS treatment, pretreatment, flow-equalization facilities or grease, oil, grit and sand traps or other interceptors are provided for any wastewater, they shall be continuously maintained in satisfactory condition
68 Legal Analysis: Code 2003, § 26-167. Grease removal. Revised for clarity – review revision and advise as to whether it accurately reflects intent. OK per 6/5/17 conference. 69 Legal Analysis: Code 2003, § 26-168. Sand and grit removal. Revised for clarity – review revision and advise as to whether it accurately reflects intent. OK per 6/5/17 conference.
Page 321 of 424 and effective operation by the owner at his expense. (Code 2003, § 26-169; Ord. No. 99-04, § 1(22-83), 1-20-2000) Sec. 58-168. Monitoring facilities. (a) The town may require the user to provide and operate, at the user's own expense, monitoring facilities to allow inspection, sampling and flow measurement of the building sewer and/or internal drainage systems. The monitoring facility should normally be situated on the user's premises. (b) There shall be ample room in or near such sampling manhole or facility to allow accurate sampling and preparation of samples for analysis. The facility, sampling and measuring equipment shall be maintained at all times in a safe and proper operating condition at the expense of the user. (c) Whether constructed on public or private property, the sampling and monitoring facilities shall be provided in accordance with the town's requirements and all applicable local construction standards and specifications. Construction shall be completed within 90 days following written notification by the town. (Code 2003, § 26-170; Ord. No. 99-04, § 1(22-84), 1-20-2000)
PROOFS Page 322 of 424
Chapters 59--61 RESERVED
PROOFS Page 323 of 424
Chapter 62 VEHICLES FOR HIRE* *State law reference—Regulation of taxis, G.S. 160A-304.
ARTICLE I. IN GENERAL Secs. 62-1--62-18. Reserved.
ARTICLE II. RENTAL VEHICLES* *State law reference—General ordinance-making power, G.S. 160A-174. Sec. 62-19. Leased only to licensed drivers. It shall be unlawful for any person owning or maintaining any motor vehicle for hire to let, hire or lease any such vehicle to any person who had not been duly licensed to drive a motor vehicle, as required by statute, if the vehicle is to be driven and operated by the person to whom rented, let or leased. (Code 1992, § 18.16; Code 2003, § 28-31) Sec. 62-20. Record of rentals. It shall be unlawful for any person to engage in the business of renting or leasing U-drive-it or self-driven vehicles to any person unless in the office of such place of business of such person so engaged in the renting or leasing of vehicles there is kept open to all reasonable times, for public inspection, a true and accurate record of all such rentals or leases, together with the name and address of the person to whom any such motor vehicle has been let; the number of the motor vehicle so let; and the time of occupancy or use of any and every such rented, let or leased vehicle. (Code 1992, § 18.17; Code 2003, § 28-32) Secs. 62-21--62-43. Reserved.
ARTICLE III. TAXICABS DIVISION 1. GENERALLY Sec. 62-44. Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Driver's permit means a permit issued after examination by which authority is granted to a person to drive a taxicab under this article. Operator's license means the license issued to any person who is the owner of any taxicab operated under this article. PROOFS Taxicab shall includes a motor vehicle for hire, which transports passengers for a fare, which fare is determined, in whole or in part, by a measurement to be made during the trip of the distance over which the passenger is transported. Taximeter means a mechanical instrument or device by which the charge for the hire of taxicab at a predetermined rate is mechanically calculated and registered for the distance traveled and for waiting time separately and upon which such charges shall be indicated by means of figures. Vehicle for hire shall means any motor vehicle, horse-drawn vehicle or other vehicle or device designed or used for the transportation of passengers for hire, the charges for which are determined by agreement, mileage or Page 324 of 424
by the length of time for which the vehicle is engaged. As used in this chapter, a the term "vehicle for hire" shall not include a taxicab. Waiting time means the time consumed while the taxicab is not in motion at the direction of a passenger and the time consumed while the driver is waiting for a passenger and the time consumed while the driver is waiting for a passenger after having responded to a call but does not include the time consumed by a premature response or for the first three minutes following timely arrival in response to the call or for delay caused by traffic interruption or the inefficiency of the taxicab or its driver. (Code 1992, § 18.31; Code 2003, § 28-61; Ord. No. 03-15, §§ 1, 2, 7-24-2003) Sec. 62-45. Proof of financial responsibility required. (a) Every person engaging in the business of operating a taxicab within the town shall file with the town council proof of financial responsibility. The town council shall not issue any certificate of convenience and necessity, franchise, license, permit or other privilege or authority to any person authorizing such person to engage in the business of operating a taxicab within the town unless such person first files with the town council proof of financial responsibility. (b) As used in this section, the term "proof of financial responsibility" means a certificate of any insurance carrier duly authorized to do business in the state certifying that there is in effect a policy of liability insurance insuring the owner and operator of the taxicab business, his agents and employees while in the performance of their duties, against loss from any liability imposed by law for damages, including damages for care and loss of services because of bodily injury to or death of any person and injury to or destruction of property caused by accident and arising out of the ownership, use or operation of such taxicab, subject to limits (exclusive of interests and costs) with respect to each such motor vehicle as follows: $30,000.00 because of bodily injury to or death of one person in any one accident and, subject to such limit for one person, $60,000.00 because of bodily injury to or death of two or more persons in any one accident, and $25,000.00 because of injury to or destruction of property of others in any one accident. (c) Every person who engages in the taxicab business and who is a member of or participates in any trust fund or sinking fund, which trust fund or sinking fund is for the sole purpose of paying claims, damages or judgments against persons engaging in the taxicab business and which trust fund or sinking fund is approved by the town council shall be deemed a compliance with the financial responsibility provisions of this section; however, in the case of operators of 15 or more taxicabs, the limits (exclusive of interests and costs), with respect to each such motor vehicle shall be as follows: $20,000.00 because of bodily injury to or death of one person in any one accident and, subject to such limit for one person, $40,000.00 because of bodily injury to or death of two or more persons in any one accident, and $25,000.00 because of injury to or destruction of property of others in any one accident. (Code 2003, § 28-62) State law reference—Financial responsibility of taxicab operators, G.S. 20-280. Sec. 62-46. Operators and drivers distinguished. To operate one or more taxicabs means to engage in the taxicab business with such taxicabs in the town by causing taxicabs which are under one's ownership or control to be propelled, either by himself or by someone under his direction or supervision, for the purpose of carrying passengers for hire. To drive a taxicab means to be physically in control of a taxicab, whether or not such taxicab is in motion, when such taxicab is being used for or is available or ready to be used for the carrying of passengers for hire. A driver is one who drives a taxicab. The same person may or mayPROOFS not be both an operator and a driver. (Code 1992, § 18.33; Code 2003, § 28-63) Secs. 62-47--62-65. Reserved. DIVISION 2. OPERATORS Sec. 62-66. Operator's license required. Before any person shall operate a taxicab on the streets of the town, he shall obtain an operator's license. The application for an operator's license shall be in writing, and such application shall be filed with the chief of police Page 325 of 424
of the town. After receiving an operator's license, such person shall then be authorized to operate a taxicab within the town. A separate application shall be filed for every vehicle operated as a taxicab, and an operator's license obtained for each such vehicle. (Code 1992, § 18.46; Code 2003, § 28-81) Sec. 62-67. Chief of police approval. The chief of police or his designee shall determine whether or not operators' licenses or drivers' permits shall be issued in accordance with this article for the privilege of operating one vehicle as well as subsequent licenses and permits for the privilege of operating additional vehicles. (Code 1992, § 18.47; Code 2003, § 28-82; Ord. No. 05-21, § 1, 7-21-2005) Sec. 62-68. Transfer, fee, expiration date.70 (a) The license issued for the operation of any vehicle may be transferred and used to the end of the fiscal year by and with the consent of the town council. (b) An operator's license shall be issued only in the name of the owner of the taxicab or other motor vehicle. (c) An annual license fee, as provided in the annual revenue ordinance, shall be charged each owner for each taxicab so operated upon the public streets of the town. __ Privilege licenses shall expire on June 30 following the date of issuance. (Code 1992, § 18.48; Code 2003, § 28-83; altered in 2018 recodification) Sec. 62-69. Compliance prerequisite to issuance. No operator's license, as provided for in sections 62-66 28-81 through 62-88, 28-83, shall be issued with reference to any taxicab in the town until the provisions of section 62-45 28-62 shall have been fully complied with. (Code 1992, § 18.49; Code 2003, § 28-84) Sec. 62-70. Maximum number. No more than five taxicabs are required to meet the requirements for the convenience and necessity of the public. No operator's license to operate additional taxicabs in the town shall be issued until the total number of licenses outstanding for the operation of taxicabs has been reduced below five. (Code 1992, § 18.50; Code 2003, § 28-85) Sec. 62-71. Regularity of operation. Every person having complied with the provisions of this division and obtained an operator's license, as provided for in sections 62-66 28-81 through 62-88, 28-83, shall operate such taxicab in such business with reasonable regularity. The operator's license of every such operator shall be subject to revocation if such operator fails to operate such taxicab for any period of 60 days. Every operator of a taxicab who fails to operate the taxicab over any period of 60 days shall be given ten days' notice to appear before the council to show cause why such license should not be revoked. If upon such hearing it shall appear that such taxicab is not being operated in the interest of the convenience and necessity of the public and not being operated with reasonable regularity, the council is authorized to revoke such license. (Code 1992, § 18.51; CodePROOFS 2003, § 28-86) Sec. 62-72. Issuance and form of taxicab certificates. Upon compliance with section 62-45 28-62 and upon the issuance of an operator's license, as provided for in
70 Legal Analysis: Code 2003, § 28-83. Transfer, fee, expiration date. If the privilege license in (d) is the one authorized by Code chapter 18, delete as municipalities’ authority to require privilege licenses was repealed in 2015. If not, revise to clarify intent. Deleted per 6/5/17 conference. Page 326 of 424 sections 62-66 28-81 through 62-88, 28-83, a taxicab certificate shall be issued showing that: (1) The operator of such taxicab has complied with the provisions of section 62-45 28-62 by providing liability insurance or the giving of approved surety bond, or deposit in cash, or approved securities as required. (2) The public convenience and necessity require the operation of such taxicabs. (Code 1992, § 18.52; Code 2003, § 28-87) Sec. 62-73. Inspection of vehicles. The town council shall from time to time cause to be made an inspection of taxicabs. If any taxicab shall be found unsafe or unfit for operation, notice shall be given to the holder of the certificate issued under section 62-72; 28-87; and such taxicab shall not thereafter be operated as a vehicle for transporting persons for hire until it has been put in a safe condition for such operation. Nothing in this section shall be construed to relieve any owner or operator of any vehicle from all or any duties imposed by law nor relieve such owner or operator from liability resulting from the unfitness of such vehicle or its negligent operation. (Code 1992, § 18.53; Code 2003, § 28-88) Sec. 62-74. Painting on the names and numbers. (a) Every taxicab operated within the town shall have the name of the owner legibly painted on each side of the taxicab and on the rear and the number assigned by the owner. The lettering shall be painted upon the cab at the locations provided and be at least 2½ inches high and spaced at least one inch apart. If the taxicab is being operated by a lessee, the name of the lessee shall be prominently displayed on or inside such taxicab. (b) The numbering and painting of letters and names as provided in this section shall be considered a condition precedent to the operation of any taxicab within the town. No such taxicab shall be operated in taxicab service or for hire until it has been marked, numbered and lettered as required by this section. (Code 1992, § 18.54; Code 2003, § 28-89) Secs. 62-75--62-91. Reserved. DIVISION 3. DRIVERS Sec. 62-92. Driver's permit required; application. (a) No person shall drive any taxicab until such person shall have been granted a permit by the town council. (b) Each application for a permit shall contain the following information: (1) The name, age and address of the applicant; (2) A statement on whether the applicant has been convicted of a felony, the violation of any federal or state statute relating to the use, possession or sale of intoxicating liquors, any federal or state statute relating to prostitution or any federal or state statute relating to the use, possession or sale of narcotic drugs; (3) Whether such applicant is a citizen of the United States; (4) Whether the applicant is a habitual user of intoxicating liquors or narcotic drugs; (5) Whether the applicant has been a habitual violator of traffic laws and ordinances; (6) The name of PROOFSthe owner of each vehicle for which a permit and license is applied; and (7) The motor and serial number, if a motor vehicle, and such description of each vehicle as is required for the proper identification. (Code 1992, § 18.66; Code 2003, § 28-111) Page 327 of 424
Sec. 62-93. Examination.71 (a) Each applicant for a driver's permit shall have successfully passed the state's examination and licensing before applying for a permit from the town. (b) Prior to a driver's permit being issued by the chief of police, the applicant shall be fingerprinted and photographed for the purpose of identification and issuance of a driver's permit. (c) Prior to the driver's permit being issued by the chief of police, the applicant shall sign a form consenting to the use of the applicant's name, race, sex, date of birth, social security number and fingerprints for the purposes of conducting a state criminal history records check through the of state department of justice and national criminal history records check through the Federal Bureau of Investigations. The chief of police, or his designee, shall submit the driver's fingerprints and identifying information to the state department of justice for a thorough state criminal records check and for submission to the Federal Bureau of Investigation for a thorough national criminal records check. (d) The driver's permit applicant shall pay a fingerprinting fee of $15.00 and a criminal history record check fee in the amount of $38.00. The criminal history record check fee shall be transferred by the town to the state department of justice to conduct the record check. (e) Criminal history records information obtained from the state department of justice or the Federal Bureau of Investigation shall be privileged information and shall be kept confidential. This information shall only be disseminated to town police department personnel and the Leland town manager to the extent necessary to indicate approval or denial of a taxi driver's permit. This information shall not be public information as defined by chapter G.S. ch. 132. of the North Carolina General Statutes. (f) Authority to conduct criminal history record checks is referenced with North Carolina General Statute G.S. 160A-304. (g) Prior to the denial or termination of a license or driver's permit based upon criminal history record information the town police department shall verify the existence of a record by either obtaining a certified public record or by submitting a fingerprint card of the individual to the state department of justice for verification that the criminal history record information belongs to the individual. (h) Any of the following information obtained from a criminal history record shall be deemed sufficient grounds for refusing to issue a permit or for revoking a permit already issued: (1) Conviction of a felony against this state, or a conviction of any offense against another state or United States Protectorate which would have been a felony if committed in this state; (2) Violation of any federal or state law relating to the use, possession, or sale of alcoholic beverages or narcotics or barbiturate drugs;
71 Legal Analysis: Code 2003, § 28-112. Examination. Deleted the reference to social security numbers in subsection (c). Section 7 of Pub. L. 93-579 provides that: OK per 6/5/17 conference.
(a)(1) It shall be unlawful for any Federal, State or local government agency to deny to any individual anyPROOFS right, benefit, or privilege provided by law because of such individual's refusal to disclose his social security account number. (2) the (The) provisions of paragraph (1) of this subsection shall not apply with respect to - (A) any disclosure which is required by Federal statute, or (B) the disclosure of a social security number to any Federal, State, or local agency maintaining a system of records in existence and operating before January 1, 1975, if such disclosure was required under statute or regulation adopted prior to such date to verify the identity of an individual. (b) Any Federal, State, or local government agency which requests an individual to disclose his social security account number shall inform that individual whether that disclosure is mandatory or voluntary, by what statutory or other authority such number is solicited, and what uses will be made of it. Page 328 of 424
(3) Addiction to or habitual use of alcoholic beverages or narcotics or barbiturate drugs; (4) Violation of any federal or state law relating to prostitution; (5) Non-citizenship in the United States; (6) Habitual violation of traffic laws or ordinances. The term "habitual violation" shall means a determination of guilt within the three-year period immediately prior to application for a permit or initiation of action to revoke a permit on more than three infractions of traffic law or more than two general misdemeanors in violation of traffic laws. (Code 1992, § 18.67; Code 2003, § 28-112; Ord. No. 05-21, § 2, 7-21-2005; Ord. No. 06-26, § 1, 9-21-2006; altered in 2018 recodification) Sec. 62-94. Issuance; display of permit. (a) Each driver's permit issued by the chief of police shall indicate the name, age, sex, race and residence of the permittee and a copy of the photograph of the permittee shall be attached to the permit. (b) Every driver of a taxicab shall, at all times while driving the taxicab upon the public streets of the town, carry and display in such taxicab the driver's permit issued to him under this section. (Code 1992, § 18.68; Code 2003, § 28-113; Ord. No. 05-21, § 3, 7-21-2005) Sec. 62-95. Expiration; transfer; revocation; fee.72 (a) All drivers' permits shall expire on May 31 following the date of issuance. (b) No permit issued under the provisions of this division shall be transferable. Every such permit shall be subject to cancellation by the town council for the violation of any of the provisions of this article or any state law governing and regulating the operation of taxicabs. (c) A driver's permit shall be issued only to the owner or lessee of the vehicle or an employee of such owner or lessee. A lessee shall not be required to hold an operator's license in addition to a driver's permit. (d) A charge of $20.00 $15.00 shall be made for the issuance of a driver's permit. (Code 1992, § 18.69; Code 2003, § 28-114; Ord. No. 05-21, § 4, 7-21-2005; altered in 2018 recodification) Sec. 62-96. Driver's identification card. When a driver's permit is granted under the provisions of this division, the police department shall issue to the permittee an identification card, which card shall show the name, age, sex, race and residence of the person to whom such driver's permit was granted together with the date of issuance of such driver's permit. (Code 1992, § 18.70; Code 2003, § 28-115; Ord. No. 05-21, § 5, 7-21-2005) Sec. 62-97. Soliciting fares and persons for transportation. Whenever any taxicab is being operated upon such streets of the town, the driver shall not leave his taxicab for the purpose of soliciting passengers and fares a distance greater than ten feet from such taxicab except upon request to assist in the handling of baggage by a passenger or prospective passenger. (Code 1992, § 18.71; Code 2003, § 28-116) Sec. 62-98. Duty to give information to passenger. The driver of a taxicabPROOFS shall, upon the request of any passenger, give to such passenger the correct name and address of such driver and such other information as will identify the vehicle, driver and owner. (Code 1992, § 18.72; Code 2003, § 28-117)
72 Legal Analysis: Code 2003, § 28-114. Expiration; transfer; revocation; fee. G.S. 160A- 304 limits license or permit fee for taxicab drivers shall not exceed $15. Revised per direction at 6/5/17 conference. Page 329 of 424
Secs. 62-99--62-124. Reserved.
DIVISION 4. RATES73 Sec. 62-125. Taximeters required. It shall be unlawful for any person to operate any taxicab in the town unless such taxicab is equipped with a taximeter of a type and design which shall be approved by the police department. It shall be the duty of the person operating such taxicab and also the driver to keep such meters operating at all times within five percent of absolute accuracy. No passenger shall be carried in such taxicab unless such taximeter shall be in operation, and such meter shall be kept operating continuously during the entire time that it is engaged in the transportation of passengers for compensation, and during any waiting time. (Code 1992, § 18.86; Code 2003, § 28-141) Sec. 62-126. Installation and location of taximeters. Each taximeter installed under this division must be installed so as to be given direct from the taxicab transmission or connected with the speedometer driving shaft to the taximeter head itself, and it shall be placed in each taxicab so that the reading dial showing the amount to be charged shall be easily seen and read by a passenger riding in any part of the taxicab. (Code 1992, § 18.87; Code 2003, § 28-142) Sec. 62-127. How charge indicated by taximeter; flag; light. Taximeters installed under this division shall indicate the charge by means of legible figures which are electrically lighted each time the taximeter flag is thrown from a nonearning to an earning position. Each taximeter shall be equipped with a tamperproof switch and electrical system so that when the flag is in the nonearning position, a light operating at the same time, located on the exterior of the taxicab will be lighted. The type, design and location of the light shall be approved by the police department. No taxicab shall be driven or operated for hire if the light is out of order. At all times while the taxicab is engaged, the flag of the taximeter shall be thrown into position to register charges for mileage or into a position to register charges for waiting time. It shall be unlawful for any driver of any taxicab while carrying passengers to display the flag attached to the taximeter in such a position as to denote that such vehicle is unemployed, or to fail to throw the flag of the taximeter to a position indicating that such vehicle is unemployed at the termination of each and every service. The flag shall not be changed to the nonearning position until after the fare is paid. (Code 1992, § 18.88; Code 2003, § 28-143) Sec. 62-128. Inspection, approval of taximeters. No person shall drive a taxicab to which is attached a taximeter that has not been duly inspected and approved by the police department or its designated agent. All taximeters shall be inspected and checked for accuracy by the police department or its designated agent periodically at the times and places prescribed by the police department. In addition, every taximeter used in the operation of taxicabs shall be subject to inspection at any time by the police department. Upon the discovery of any inaccuracy in the taximeter, the operator shall remove or cause to be removed from service the vehicle equipped with such taximeter until such taximeter shall have been repaired and accurately adjusted. All taximeters that are inspected, approved and certified will have affixed to them a signed certificate of inspection issued by the police department or its designated agent. (Code 1992, § 18.89; CodePROOFS 2003, § 28-144; Ord. No. 05-21, § 6, 7-21-2005) Sec. 62-129. Sealing and repair of taximeter. It shall be unlawful for any person other than the owner's repairman previously approved by the police department and the person designated by the police department to break the seal on or undertake to repair any
73 Legal Analysis: Code 2003, ch. 228, art. III. Div. 4. Rates. Update with new technology? Keep per 6/5/17 conference. Page 330 of 424 taximeter installed under this division. After any taximeter has been repaired and the seal has been broken, the taxicab must be presented to the police department for inspection and approval for accuracy and proper operation before such taxicab is again placed in operation for hire. (Code 1992, § 18.90; Code 2003, § 28-145) Sec. 62-130. Multiple passengers. If the taxicab is occupied by more than one passenger and they are not to be discharged at the same destination, the first passenger leaving the taxicab shall be chargeable for the amount of fare shown on the taximeter; and before proceeding to transport the remaining passengers to their destination, the flag shall again be placed in earning position so as to designate the beginning of a new and separate trip as to the remaining passengers in a taxicab. Such process shall be repeated each time a passenger reaches his destination and alights from the taxicab, so that the remaining passengers leaving the taxicab shall be chargeable with such fare appearing upon the taximeter upon leaving the taxicab. (Code 1992, § 18.91; Code 2003, § 28-146) Sec. 62-131. Schedule of charges. No person owning, operating or controlling any taxicab within the limits of the town shall charge, collect or receive any other than the schedule of rates which are on file in the town clerk's office, to be determined by the taximeter. (Code 1992, § 18.92; Code 2003, § 28-147) Sec. 62-132. Posting of rate. There shall be posted in a conspicuous place on the inside of each taxicab operated under this article a card showing the rate charged by such taxicab for the distance traveled and the waiting time. (Code 1992, § 18.93; Code 2003, § 28-148) Sec. 62-133. Refusal to pay charges. It shall be unlawful for any person to fraudulently engage or use any taxicab, not intending at the time to pay for the use of the taxicab, and then refuse to pay the rates prescribed. (Code 1992, § 18.94; Code 2003, § 28-149)
PROOFS Page 331 of 424
Chapters 63--65 RESERVED
PROOFS Page 332 of 424
Chapter 66 ZONING* *Editor's note—Ord. No. 03-20, § 2, adopted Nov. 20, 2003, stated: "The zoning ordinances as set forth in Chapter 22 of the newly codified ordinances of the Town of Leland, North Carolina adopted on August 21, 2003, by the town council are hereby adopted as the zoning ordinance for the Town of Leland." State law reference—Zoning authority, G.S. 160A-381 et seq.
ARTICLE I. IN GENERAL Sec. 66-1. Short title. This chapter shall be known as the "Zoning Ordinance of the Town of Leland, North Carolina." The map referred to in this chapter, which is identified by the title "Official Zoning Map of Leland, North Carolina," shall be shown as the "zoning map." (Code 2003, § 30-1; Ord. No. 02-21, § 1(19.2), 6-20-2002) Sec. 66-2. Purpose. In accordance with the provisions of G.S. 160A-360 et seq., and for the purposes more fully set out in this chapter, the town council adopts this chapter to provide for the orderly growth and development of the town. Zoning regulations shall be designed to promote the public health, safety, and general welfare. To that end, the regulations may address, among other things, the following public purposes: to provide adequate light and air; to prevent the overcrowding of land; to avoid undue concentration of populations; to lessen congestion in the streets; to secure safety from fire, panic and danger; and to facilitate the efficient and adequate provision of transportation, water, sewerage, schools, parks and other public requirements. The regulations shall be made with reasonable consideration, among other things, as to the character of the district and its peculiar suitability for particular uses, and with a view to conserving the value of buildings and encouraging the most appropriate of land throughout such town. (Code 2003, § 30-2; Ord. No. 02-21, § 1(19.3), 6-20-2002; Ord. No. 06-08, § 10, 3-16-2006) Sec. 66-3. Interpretation and conflict. In interpreting and applying the provisions of this chapter, such provisions shall be held to be the minimum requirements for the promotion of the public health, convenience, prosperity and general welfare. It is not intended by this chapter to interfere with, abrogate or annul any easement, covenant or other agreement between parties; provided, however, that where this chapter imposes a greater restriction upon the use of buildings or premises, or upon the height of buildings, or requires larger open spaces than are imposed or required by other ordinances, rules or regulations, or by easements, covenants or agreements, the provisions of this chapter shall govern. (Code 2003, § 30-3; Ord. No. 02-21, § 1(19.158), 6-20-2002) Sec. 66-4. Definitions. The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except wherePROOFS the context clearly indicates a different meaning: Accessory apartment means a secondary dwelling unit established in conjunction with and clearly subordinate to a primary dwelling unit, whether a part of the same structure as the primary dwelling unit or a detached dwelling unit on the same lot. Accessory building means a subordinate structure detached from but located on the same lot as the principal building. The term "accessory buildings" includes, but are is not limited to, garages, outbuildings, accessory apartments (detached) and carports (detached). This does not include fences, dish antenna or swimming pools. Accessory use means a use that is incidental and subordinate to that of the principal building or use of land Page 333 of 424
and that is located on the same lot as the principal use. Adult bar, topless bar and nude bar mean a commercial enterprise open to the general public without a fee or by payment of a cover charge or membership fee and licensed to sell any alcoholic beverage, providing personal services, such as bartenders or waiters/waitresses, or entertainment by paid employees, customers or unpaid participants, which involve exposure completely, or less than completely or opaquely covered, of human genitals, pubic region, buttock or female breasts below a point immediately above the top of the areola. Adult bookstore means an establishment, having as a substantial and significant portion of its stock in trade, books, magazines and other periodicals, and motion picture films which are distinguished or characterized by their emphasis on matter depicting, describing or relating to specified sexual activities or specific anatomical areas, as defined in this section, or any establishment trading in such books, magazines or other periodicals or motion picture films which limits its customers to persons over 18 years of age. Adult day care facility means a center or place operated by a person, corporation, organization or association which receives a payment, fee or grant for the care of more than five, but not more than 50 adults, 18 years of age or more, for more than four hours per day, but not to exceed 24 hours at one time. Services must be provided in a home or facility certified to meet state standards and shall be provided for the following individuals: (1) Adults who do not need nursing care, but who require complete, full-time supervision during the day; (2) Adults who need assistance with activities of daily living in order to maintain themselves in their own homes; and (3) Adults who need intervention in the form of enrichment and opportunities for social activities in order to prevent deterioration that would lead to institutionalization. Adult establishment means an adult bookstore, adult motion picture theater, adult bar, topless bar, nude bar or a massage business, as defined in this section. Adult motion picture theater means an enclosed building or drive-in facility used for presenting motion pictures distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas, as defined in this section, for observation by patrons therein, or an establishment used for presentation of such motion pictures which limits its customers to persons over 18 years of age. Age-restricted development means a housing development in which at least 80 percent of the occupants are 55 years of age or older and the development conforms with the provisions of the Housing for Older Persons Act of 1995 (HOPA). Alley means a strip of land owned publicly or privately, set aside primarily for vehicular service access to the rear or side of property otherwise fronting on a street of a higher classification. Antenna means any accessory structure which shall be one or any combination of the following: (1) Dish antenna, CBs and shortwave antenna, the purpose of which is to receive communications of other signals from orbiting satellites and/or other extraterrestrial sources; (2) A low noise amplifier which is situated at the focal point of the receiving component and the purpose of which is to magnify or transfer signals. Apartment means a room, or suite of two or more rooms, which is designed or intended for occupancy by, or which is occupied by, onePROOFS family. Appurtenance feature means a visible, functional, or ornamental object or structure that is accessory to the principal structure on a lot. This does not include any element that is necessary for the structural integrity of the principal building or to make said structure habitable. This does not include accessory buildings. Assisted living facility. (1) The term “assissted living facility” means a facility consisting of independent and multi-unit housing units with services, each individual unit occupied by not more than two residents per dwelling unit, at least one of whom is 55 years of age or older; said facility shall have available on-site passive and active Page 334 of 424
recreational facilities, supervised and unsupervised activities, housekeeping assistance, and full-time medical personnel to provide medical services, including, but not limited to, dietary and nutritional assistance and nursing care. Such The term "assisted living facility" shall include the term "assisted living residence" as defined in G.S. 131D-2.1(5). (2) For the purposes of this chapter, no facility offering independent dwelling units for habitation by those who are not resident staff to the facility, shall be considered an assisted living facility. For the purposes of this definition, an independent dwelling unit shall be any unit designed for human habitation which contains facilities for sleeping, bathing, and kitchens or food preparation areas consisting of a device for warming food, a sink to wash dishes and utensils, and a refrigerator. Assisted living residence shall have that meaning as set forth in G.S. 131D-2.1(5). Automotive care center. (1) The term “automotive care center” means two or more automotive care uses planned and constructed as a single unit, where the following uses and activities associated with each would be permitted: a. Auto parts store; b. Muffler shop; c. Transmission shop; d. Tune-up shop; e. Lubrication shop; f. Auto trim and detail shop; g. Tire store with service, including alignment; h. Brake shop. (2) Uses permitted do not include major mechanical and body work, straightening of body parts, storage of automobiles not in operating condition or other work involving noise, glare, fumes, smoke or other characteristics to an extent greater than normally found in facilities of this type. An automotive care center could also be a garage for the general repair of automobiles. Bar means an establishment primarily engaged in the sale of alcoholic beverages for consumption on the premises, including nightclubs, private clubs, pubs, taverns, or wine bars, which do not qualify as a restaurant or eating establishment pursuant to G.S. ch. 18B. A "bar" as defined herein shall not include an "adult bar, topless bar and nude bar" as defined in this section. 30-4. Bed and breakfast means a home occupation defined as a form of guest lodging in which bedrooms are rented and breakfast is served. Bed and breakfast accommodations may only be provided in buildings principally used as private residences, or in accessory structures meeting the requirements of this chapter. Such term is intended to describe the offering of temporary lodging in a private home having architectural and historic interest, rather than the provision of food service or the offering of facilities for long-term occupancy, such as provided by boardinghouses, inns and similar guest lodging. Boardinghouse and roominghouse mean a dwelling in which more than three persons, either individually or as families, are lodged or housed for compensation, with or without meals. A roominghouse or a furnished roominghouse shall be knownPROOFS as a boardinghouse. Boat building means the manufacturing, assembling or partial assembling from parts and other materials, boats, watercraft or vessels, to construct a floating vessel. Such term shall also include the storage of materials and supplies intended for use in the boat building process. However, such manufacturing and assembling of boats or vessels intended for one's personal use shall not be included in such definition. Body piercing means the puncturing or penetration of the skin of a person using pre-sterilized single use needles and the insertion of pre-sterilized jewelry or other adornment thereto in the opening. Further, this definition of body piercing means the practice of physical body adornment by permitted establishments and operators utilizing, but not limited to, the following techniques: body piercing, branding and scarification. This definition does not Page 335 of 424
include practices that are considered medical procedures such as implants under the skin. Practices recognized as medical procedures by the state medical board shall not be performed in a body piercing establishment. Nor does this definition include, for the purposes of this chapter, piercing of the lobe of the ear using pre-sterilized single use stud and clasp ear piercing systems. Bollard means a vertical post designed and used to obstruct the passage of motor vehicles and separate pedestrian and vehicular traffic. Bona fide farm means any tract of land containing at least three acres which are used for the dairying or raising of agricultural products, forest products, livestock or poultry and including facilities for the sale of such products on the premises where they were produced. Buffer. See Screening buffer. Building means any structure, enclosed and isolated by exterior walls, constructed or used for a residence, business, industry or other public or private purpose. Building, accessory, means a subordinate building, the use of which is incidental to that of a principal building on the same lot or accessory thereto, and including tents, lunch wagons, dining cars, traders, fences, greenhouses and similar structures, whether stationary or movable. Building height means the vertical distance from the natural grade or finish grade, whichever results in the lower height, measured to the topmost point of the roof, provided that chimneys shall not be included in the building height. Decorative roof elements, including, but not limited to, widow walks, cupolas, and railings shall not be included in the maximum building height as long as these structures do not exceed ten feet above the highest point of the ridge of the roofline. Building inspector means the official or other designated authority charged with the administration and enforcement of the state building code. Building line means the line, established by law, beyond which a building shall not extend, except as specifically provided by law. Building, principal, means a building in which is conducted the principal use of the lot on which it is situated. In any residential district, any structure containing a dwelling unit shall be deemed to be the principal building on the lot on which the structure is situated. Business residence means a residential unit contained within a principal use, provided that: (1) The residential unit may be occupied solely by the person engaged in the principal use or a full-time employee and his family members residing with him; (2) The site shall provide an area of open space unobstructed by any building, parking or structure equal to the total floor area of the residential unit; (3) The amount of floor area for the residential unit shall not be more than 50 percent of the total floor area of the principal use; (4) The residential unit shall be located totally above the ground floor or the area of the principal use so as not to interrupt the commercial frontage; and (5) In addition to the required off-street parking for the principal use, two off-street parking spaces shall be provided for the residential unit. Camp includes organizedPROOFS camp establishments which provide food, lodging accommodations or cabins for groups of children or adults engaged in organized recreational or educational programs. The term “camp” may include special program emphasis, such as horseback riding, conservation, music or sports. The term “camp” shall not include trailer or mobile home courts, migrant labor camps and travel trailer parks. Cattle means animals of the ox family, raised for meat, milk or hides. Cattle are designated as cows, bulls, steers, heifers, calves and oxen. Certificate of occupancy/compliance means a statement signed by an administrative officer authorized by the town council, setting forth that the building, structure or use complies with this chapter, and that the building, Page 336 of 424 structure or use may be used for the purpose stated in this chapter. Certiorari means an appellate proceeding which brings into superior court or other appropriate forum the record of administrative, judicial or quasi-judicial actions for the purpose of either reexamining the action taken by the inferior body to determine the appropriateness of the action or to obtain further information in the pending case. Chicken hatchery means any establishment that operates hatchery equipment for the production of baby chicks or poults for sale, either wholesale or retail, and a hatching eggs dealer, chick by hatching egg, baby chicks or turkey poults and sells or offers them for sale. The terms "mixed chicks" and "assorted chicks" mean chicks produced from eggs from purebred females of a distinct breed marked to a purebred male of a distinct breed. Child day care center means a place operated by a person, corporation, organization or association which receives a payment, fee or grant for the care of more than five children. The term “child day care center” shall include a facility for the care and/or education of preschool children, including kindergartens. Child day care home means a home or facility wherein at least two, but not more than five, children receive care away from their own home by persons other than their own parents, legal guardians or relatives within the fourth degree of kinship, on a regular basis more than once per week for more than four hours per day. The facility must operate 12 hours per day or less. All children, other than the children of the operator, must be counted. Child day care homes shall be considered home occupations. The operator of the home must reside on the premises. The home must meet applicable requirements of the state building code and must have a fence of at least four feet in height surrounding any play area provided for the children. A sign not exceeding one square foot in size, advertising the home, shall be permitted. The operation of the home shall comply with all federal, state and local codes and shall be permitted by right in all residential districts. Church means a building used by persons who regularly assemble for religious worship and which is maintained and controlled by a religious body organized to sustain public or private worship. Civic operations center means an operation located in a building between 20,000 square feet and 45,000 square feet that is operated by not-for-profit organizations dedicated to public use in the area of education, recreation, government, and municipal services. Civic service club means an incorporated or unincorporated association for civic, social, cultural, fraternal or like activities operated on a nonprofit basis for the benefit of its members, and recognized as a nonprofit organization by the state. Club or lodge, private, means an establishment operated by a corporation or association of persons for social, recreational, fraternal or charitable purposes, but which is not operated for profit or to render a service which is customarily conducted as a business. Code enforcement officer (synonymous with zoning officer, code enforcement administrator, enforcement officer, zoning administrator, etc.) means the town-appointed official responsible for the enforcement of this chapter and for the review of building permit applications to ensure compliance with the provisions of this chapter and any other assigned codes or local laws. Common open space means a parcel of land or an area of water, or a combination thereof, within the boundaries of the development, which is designated and intended for the leisure and recreational use of the areas. Common open space shall be substantially free of structures, but may contain such improvements as are in the plan as finally approved and are appropriate for the benefit of residents of the development. Community center means a new or existing facility that is owned or operated by a nonprofit group from the community for noncommercialPROOFS activity. Condominium (unit ownership) development means real estate, portions of which are designated for separate ownership and the remainder of which is designated for common ownership solely by the owners of such portions, organized and recorded in compliance with the North Carolina Condominium Act (G.S. 47C-1-101 et seq.), or its predecessor, the North Carolina Unit Ownership Act (G.S. 47A-1 et seq.). Real estate is not a condominium unless the undivided interests in the common elements are vested in the unit owners. Contractor, general, means a person who is engaged in all or most aspects of building construction and/or land development through a legal agreement. Page 337 of 424
Contractor, trades, means a person who accomplishes work or provides facilities under contract with another person specifically engaged in a special trade, such as plumbing, heating, wiring, sheetmetal roofing work, etc. Contractor's plant/storage yard means storage yards operated by, or on behalf of, a contractor for storage of equipment, vehicles, or materials commonly used in the individual contractor's business. The open storage of scrap material, trash, construction debris, or other material that would be considered a nuisance shall not be permitted with such use. Convalescent home means a facility, having over five beds, meeting all of the requirements of the state for boarding and care of persons who cannot care for themselves. Convenient foodstore means a structure in which foodstuffs, beverages, pharmaceuticals, small household supplies and small personal items are retailed, provided that the gross floor area of the structure shall not exceed 3,500 square feet. A convenient foodstore is commonly a neighborhood grocery-type store, selling personal goods and wares that typically can be hand-carried from the premises by the buyer. Conversion means the modification of an existing residential structure to increase its density by one or more housing units. Curb means a structural element at the edge of an existing or proposed street or other way, generally at a higher elevation than the adjacent edge of roadway, installed to: (1) Deter vehicles and water from leaving the roadway; (2) Otherwise control drainage; (3) Delineate the edge of existing or future roadways or driveways; (4) Present a more finished appearance to the street; (5) Assist in the orderly development of the roadside; and (6) Contribute to the stability and structural integrity of the pavement. Demolition means any act or process that destroys in part or in whole a building or structure. Development means any human caused change to real estate that requires a permit or approval from any agency of the town, county, state or federal government, including, but not limited to, building, construction, renovation, extraction, filling, excavation or activity or operation; any material change in the use or appearance of any structure or in the land itself. Disturbed/disturbs means any change of the land surface or structures on the land surface including building, construction, renovation, extraction, filling, or excavation that results in any material change in the use or appearance of any structure or in the land itself. Dormitory, private, means a type of residential accommodation which is characterized by a direct or indirect association with a particular educational, religious or corporate institution and by full-time, on-premises management. Dormitories may contain restroom and cooking facilities within the individual units of accommodation (apartment format) and/or within common areas outside the individual units of accommodation (boardinghouse format). Therefore, a unit of accommodation may be an apartment or suite containing up to six sleeping quarters (apartment format) or it may be each separate quarters (boardinghouse format). A private dormitory is not a housing unit, in that it permits the sharing of an individual residential structure or unit by more than three persons unrelated by blood or marriage. Drive-up bank tellerPROOFS facility means a device designed to permit access to bank teller services by persons in automobiles. Driveway, private, means the area outside a street, intended to serve as ingress and/or egress for vehicular traffic between the street property line and an off-street parking area outside the street. Driveway, public, means the area between the roadbed of a public street and other property, designed for, or installed, serving as ingress and/or egress for vehicular traffic between such roadbed or traveled portion of the street and an off-street parking area or private driveway. Drystack boat storage means a dry dock boat storage facility associated with commercial marinas. Page 338 of 424
Dwelling unit means a house or other structure, or a portion of any building or structure, designed, arranged and used for living quarters for one or more persons living as a single housekeeping unit, with cooking facilities, but not including units in hotels or other structures designed for transient residence. See Housing types. Electronic gaming operation means a business enterprise, whether principle or accessory, where persons utilize electronic machines, including but not limited to computers and gaming terminals, to conduct games of odds or chance, including sweepstakes, and where cash, merchandise, or other items of value are redeemed or otherwise distributed, whether or not the value of such distribution is determined by electronic games played or by predetermined odds. Electronic gaming operations do not include any lottery approved by the state. Exterior architectural feature means the architectural style, general design and general arrangements of the exterior of a building or other structure, including the kind, texture and color of the building materials, the size and scale of the building and the type and style of all windows, doors, light fixtures, signs and other appurtenant features. Family means one or more persons related by blood, adoption or marriage, living and cooking together as a single housekeeping unit in a dwelling unit, exclusive of household servants. For the purpose of this chapter, a number of persons, but not exceeding two, separate from and in addition to the persons related by blood, adoption or marriage, may live and cook together as a single housekeeping unit in a dwelling unit, although they are not all related by blood, adoption or marriage, and shall be deemed to constitute a family; provided, however, that this definition does not include congregate residential care facilities, including family care and group care facilities; foster homes for children; homes for the aged and infirm; family care homes for the aged and infirm; day care facilities, including day care centers and family day care homes; shelter homes for children and/or families, including foster shelter homes and group shelter homes; adult day care centers; day nurseries; preschool centers; hospitals; nursing homes; sanitariums; and dormitories and fraternal organizations, if otherwise defined or provided for in other sections of this chapter. Family care home means a home licensed pursuant to G.S. ch. 131D, art. 1, for adults and children with support and supervisory personnel that provides room and board, personal care and habilitation services in a family environment for not more than six resident persons. Family day care center means an occupied dwelling in which the occupant provides preschool instruction or daytime care to one to five children not related by blood or marriage to, or not the legal wards or foster children of, the attendant adult. Farmers' market means an establishment primarily engaged in the retail sale of solely fresh fruits and fresh vegetables and articles which are homecrafted. Such uses are typically found in public or municipal markets. Flea market and rummage sale mean a building or open area in which stalls or sales areas are set aside and rented or otherwise provided, and which are intended for use by various unrelated individuals to sell articles which are either homemade, homegrown, homecrafted, old, obsolete or antique and may include the selling of retail goods by businesses or individuals who are generally or traditionally engaged in retail trade. Fraternity or sorority house means a building occupied by, and maintained exclusively for, college or university students who are affiliated with a social, honorary or professional organization which is chartered by a national fraternal or sororal order and which is so recognized by the college or other institution of higher education. Fuel pump island means any device or group of devices used for dispensing motor fuel or similar petroleum products to the general public. Garage apartment means a detached accessory or subordinate building to an existing single-family dwelling, containing living facilitiesPROOFS for not more than one family and having sufficient area for one parked automobile. Garage, private, means a building or space used as an accessory to, or a part of, a principal building permitted in any residential district, and providing for the storage of motor vehicles and in which no business, occupation or service for profit is conducted. Garage, public, means any building or premises, except those described in the definition of the term "garage, private," used for the storage or care of motor vehicles, or where any such vehicles are equipped for operation, repaired or kept for hire or sale. Government building, use or facility means a use of land and/or buildings by the town, county, state or federal Page 339 of 424
government, or their subunits, for the use and benefit of the public citizens. This definition does not include uses such as a sanitary landfill or similar uses which create substantial noise, dust, odor, smoke or similar noxious effects. Examples of uses falling within this definition include, but are not limited to, fire and rescue departments, schools, parks, recreational buildings, community centers, office buildings and recreational facilities. Gross floor area ("GFA") means the total square footage of all floors in a building calculated by measuring from the outside walls of the building for each floor intended for occupancy or storage. Group home means a facility that is licensed by the appropriate state agency and provides services to meet the specific needs of unrelated individuals (excluding supervisory personnel), who are handicapped, aged or disabled, or overcoming addiction to intemperate use of addictive substances and undergoing rehabilitation or extended care. This definition includes group homes for all ages, halfway houses, and foster homes. Guest lodging means a premises in which rooms are rented, with or without board, on a fee basis to permanent or transient guests, provided all accessory services, such as dining rooms, shall be available to such guests only and not open to the general public. Handicapped person means any person who has a physical or mental impairment which substantially limits one or more major life activities; has a record of such an impairment; or is regarded as having such an impairment. The terms "physical or mental impairment", "major life activities", "record of such impairment", and "is regarded as having an impairment" are further defined in G.S. 168A-(7a)a—d. Health spa means a commercial enterprise, private club or business establishment for the purpose of providing an indoor facility for physical exercise with the use of athletic equipment and accessory services. Such The term "health spa" includes private exercise clubs, figure salons or health clubs. If applicable, such establishments shall be subject to the town ordinance regulating massage parlors. Historic area means an area which may be designated by the town and may be delineated upon a map adopted by the town council and on file at the town hall. Historic district means an area which may be designated by the town and may be deemed to be of special significance in terms of history, architecture and/or culture, and found to possess integrity of design, setting, materials, feelings and association. The boundaries of the historic district may be delineated upon the zoning map which is a part of this chapter. Historic district commission means a board composed of members qualified by special interest, experience or education in history, architecture or other related areas, who would have jurisdiction in accordance with this chapter over all properties within a historic district and/or historic district overlay. Historic district overlay means an area which may be designated by the town to be of special significance in terms of history, architecture and/or culture, and found to possess integrity of design, setting, materials, feeling and association. A historic district overlay is a district which would overlap with other zoning districts established by this chapter. The boundaries of the historic district overlay would be delineated upon the zoning map which is a part of this chapter. Hog, pig and swine mean a four-footed, domesticated animal with a stout, heavy body, cloven hoofs and a broad snout, raised for its meat or kept as a pet. Home care unit means a facility meeting all the requirements of the state for boarding and care of not more than five persons who are not critically ill and do not need professional medical attention, including homes for the aged. PROOFS Home occupation means certain occupations customarily conducted for profit within a dwelling and carried on by the occupants thereof, which use is clearly subordinate to the use of the dwelling for residential purposes. Limitations are prescribed in this chapter to ensure against the growth of a home occupation into a commercial enterprise. Hotel and motel mean a building providing sleeping accommodations commonly available on a daily basis, for pay, to transient or permanent guests or tenants, in six or more rooms. Dining rooms, restaurants or cafes, if existing, shall be conducted in the same building in connection therewith. Housing types includes the following: Page 340 of 424
(1) Duplex means a structure containing two housing units only. (2) Multiple-family means a structure containing five or more housing units, none of which are available for rental periods of less than one month. (3) Quadruplex means a structure containing four housing units only. (4) Single-family, detached, means a structure, other than a mobile home, containing one housing unit only. (5) Triplex means a structure containing three housing units only. (6) Zero lot line housing unit means a detached single-family housing unit placed on a lot so that a windowless wall is placed on one side of the property line and the footage required for two side yards is placed on the other side of the property line as the total side yard requirement for the lot. Housing unit and dwelling unit mean one or more rooms together, constituting a separate, independent housekeeping establishment for owner occupancy, or rental or lease on a weekly or longer basis, and physically separated from any other housing unit which may be in the same structure, and containing independent cooking and sleeping facilities for not more than one family. Improved landscape means gardens, parks, parking lots or any other proposed outside improvement, including any planned vegetation, public street furniture, masonry wall, fence, light fixture, steps and pavement or other appurtenant features. Includes shall not limit the term to specified examples, but is intended to extend its meaning to all other instances or circumstances of a like kind or character. Interested party (for the purpose of electronic gaming operations) means any person who is an applicant for a license or who is an employee of any applicant for a license, any person who is a partner in a partnership which is an applicant for a license and any person, partnership or corporation which is an officer, director or principle stockholder of an entity which is an applicant for a license for an electronic gaming operation. Junkyard means an establishment for storing, keeping, buying or selling of junk. The term "junk" means old or scrap copper, brass, rope, rags, batteries, paper, trash, rubber or discarded, dismantled or wrecked automobiles, or parts thereof, iron, steel and other old or scrap ferrous or nonferrous material. Kennel includes the following: (1) Kennel, commercial, means a place or facility established to house, board on a long-term or short-term basis, breed, handle, train or otherwise keep or care for dogs belonging to the owner or occupant of the property, customer, patron or other, or lost or strayed animals, for compensation or as a humanitarian gesture. (2) Kennel, private, means a place or facility where five or less dogs over four months of age are maintained by the owner or occupant of the property for the owner's personal enjoyment, hobby or sport, whether or not for compensation. Loading space, off-street, means space for bulk pickups and deliveries, scaled to delivery vehicles and accessible to such vehicles at all times, even when required off-street parking spaces are filled. Required off-street loading space is not to be included as off-street parking space in the computation of required off-street parking space. Lot means a single contiguous parcel of land in identical ownership throughout, bounded by other lots or streets and used or set asidePROOFS and available for use as the site of one or more buildings or other purpose as permitted. A lot shall be of legal record and described by metes and bounds which have also been recorded. Lot coverage means the portion of a lot occupied by a structure, either at ground level or the equivalent thereto, when a structure is elevated on pilings. Lot depth means the distance between the midpoints of straight lines connecting the foremost points of the side lot lines in front and the rearmost points of the side lot lines in the rear. Lot frontage means the portion of a lot abutting a street. For the purpose of determining lot frontage requirements on corner lots and through lots, all sides of a lot adjacent to streets shall be considered frontage, and Page 341 of 424 yards shall be provided as indicated under the definition of the term "yards" in this section. No lot shall front on an alley. Lot line means a line dividing one lot from another, or from a street or other public space. Lot of record means a lot which is a part of a subdivision recorded in the office of the county register of deeds, or a lot or parcel described by metes and bounds, the description of which has been recorded in the office of the county register of deeds. Lot types means the terminology used in this chapter with reference to corner lots, interior lots and through lots, further described and shown as follows: [GRAPHIC -- Figure 1] (1) Corner lot means a lot located at the intersection of two or more streets. A lot abutting on a curved street shall be considered a corner lot if straight lines drawn from the foremost points of the side lot lines to the foremost point of the lot meet at an interior angle of less than 135 degrees. (See lot marked (1) in figure 1.) (2) Interior lot means a lot, other than a corner lot, with only one frontage on a street. (See lot marked (2) in figure 1.) (3) Through lot means a lot, other than a corner lot, with frontage on more than one street. Through lots abutting two streets may be referred to as "double frontage lots." (See lot marked (3) in figure 1.) Lot width means the distance between the side lot lines, as measured at the rear of the required front yard, except for lots on the turning circle of cul-de-sacs, which shall be at least 66 percent of the required lot width and maintain an average lot width between the front and rear property lines of at least the minimum lot width for the zoning district in which the lots are located. The width between side lot lines at the foremost points, where they intersect with the street line, shall be at least 66 percent of the required lot width, except on lots on the turning circle of cul-de-sacs. Low income/elderly means housing provided solely for the residential use of one or both of the following groups of persons: (1) Elderly persons means persons who are 62 years of age or older. (2) Low income families means families, as defined in this section, whose incomes are below 80 percent of the county median family income as determined by the U.S. Department of Housing and Urban Development. Major and/or multi-unit development means a development consisting of: (1) Structures on a tract of two acres or more; or (2) Nonresidential structures having a total floor area of 10,000 square feet or more. The developer shall submit a site plan. This definition shall not apply to detached single-family and two-family housing units and uses customarily accessory thereto. Major public utility-water means structures, towers or facilities used or intended to be used by a public agency or utility provider for the provision of water. This shall include water towers, storage tanks and booster pump stations. Manufactured home,PROOFS Class A, means a manufactured home constructed after July 1, 1976, that meets or exceeds the construction standards promulgated by the U.S. Department of Housing and Urban Development that were in effect at the time of construction and that satisfies the following additional criteria: (1) The manufactured home has a length not exceeding four times its width, with the length measured along the longest axis and the width measured at the narrowest part of the other axis; (2) There is no requirement to have a minimum amount of square feet; Page 342 of 424
(3) The pitch of the roof of the manufactured home has a minimum vertical rise of three feet for each 12 feet of horizontal run (three feet and 12 feet) and the roof is finished with a type of shingle that is commonly used in standard residential construction; (4) All roof structures shall provide an eave projection of no less than six inches, which may include a gutter; (5) The exterior siding consists predominantly of vinyl or aluminum horizontal lap siding (the reflectivity of which does not exceed that of gloss white paint), wood or hardboard, comparable in composition, appearance and durability to the exterior siding commonly used in standard residential construction; (6) The manufactured home is set up in accordance with the standards set by the state department of insurance and a continuous, permanent, masonry foundation or masonry curtain wall or any other commercially approved siding, including masonry, aluminum or vinyl, unpierced, except for required ventilation and access, is installed under the perimeter of the manufactured home; (7) Stairs, porches, entrance platforms, ramps and other means of entrance and exit to and from the home shall be installed or constructed in accordance with the standards set by the state department of insurance, attached firmly to the primary structure and anchored securely to the ground; and (8) The moving hitch (detachable), wheels and axles, and transporting lights have been removed. State law reference—Definition of manufactured home, G.S. 143-145(7). Manufactured home, class B, means a manufactured home constructed after July 1, 1976, that meets or exceeds the construction standards promulgated by the U.S. Department of Housing and Urban Development that were in effect at the time of construction, and that meet or exceed the following criteria: (1) The home has a minimum width of 14 feet; (2) The manufactured home is set up in accordance with the standards set by the state department of insurance and a continuous, permanent, masonry foundation or masonry curtain wall or any other commercially approved siding, including masonry, aluminum or vinyl, unpierced, except for required ventilation and access, is installed under the perimeter of the manufactured home; (3) Stairs, porches, entrance platforms, ramps and other means of entrance and exit to and from the home shall be installed or constructed in accordance with the standards set by the state department of insurance, attached firmly to the primary structure and anchored securely to the ground; and (4) The moving hitch (detachable), wheels and axles, and transporting lights have been removed. Manufactured home, Class C, means a manufactured home constructed after July 1, 1976, that meets or exceeds the construction standards promulgated by the U.S. Department of Housing and Urban Development that were in effect at the time of construction and that otherwise does not meet the definitional criteria set forth in this section for a Class A or Class B manufactured home. Manufactured home park means a parcel of land, at least three acres, which has been planned and improved for the placement of two or more manufactured homes for dwelling purposes. This definition shall not include mobile home or manufactured home sales lots on which unoccupied mobile homes or manufactured homes are parked for the purposes of inspection and sale. Manufactured home space/lot means a parcel of land occupied, or intended to be occupied, by one, and only one, manufactured home for the exclusive use of the occupants of such manufactured home. The term “manufactured home space/lot”PROOFS also means a parcel of land in a manufactured home park, provided with the necessary utility connections, patio and other appurtenances necessary for the erection thereon of only one manufactured home, and for the exclusive use of the occupants of such manufactured home. This definition shall also apply to mobile home spaces. Map and zoning map mean the official zoning map of the town. Marina, commercial, means any dock or basin and associated structures providing permanent or temporary commercial harboring for more than ten commercial and/or pleasure boats and providing services related to the facility, including, but not limited to, fuel sales, retail and food sales, dry stack boat storage and other related services. Pump out facilities are required at commercial marinas. Page 343 of 424
Marina, residential, means a private, nonprofit boating facility, including permanent or temporary docks, piers and/or launching ramps planned for the harboring or storing of nine or less boats on property having water frontage, the use of which is intended to serve only the residents within an approved subdivision or planned unit development. The right to use such facility shall be conferred by an easement appurtenant to the residential lots it is intended to serve. No commercial activities of any kind shall be allowed within the confines of the facility, including, but not limited to, drystack boat storage, fuel sales, slip rentals, etc. Pump out facilities shall be required in accordance with health department regulations. Massage business means any establishment or business wherein massage is practiced, including establishments commonly known as health clubs, physical culture studios, massage studios or massage parlors. Such The term "massage business" shall not include the practice of massage in a regularly established and licensed hospital, sanitarium, nursing home, medical clinic or a nonprofit corporation operating under the name of YMCA (Young Men's Christian Association) or YWCA (Young Women's Christian Association), nor to the practice of massage as carried out in an office or clinic operated by a duly qualified and licensed medical practitioner or chiropractor in connection with his practice of medicine or chiropractic, provided that such massage business is conducted in an office or clinic regularly used by such medical practitioner or chiropractor as the principal location for the practice of medicine or chiropractic. Mobile home means a transportable structure, designed to be used as a yearround residential dwelling, and built prior to the enactment of the Federal Manufactured Housing Standards Act of 1974 which became effective June 15, 1976. Mobile home and travel trailer park means any site or tract of land, upon which three or more mobile home or travel trailer spaces are provided. Model unit marketing center means a model unit, including model homes, manufactured and mobile homes and group housing units, located within a particular development project only. The model unit shall be used for the marketing and sales of such approved development project only. The model unit marketing center must be continuously marketed for sale as a residence. When the model unit is sold, the office may be relocated to another model unit, but at no time shall more than one marketing center be used. The placard shall indicate only that the unit is the model unit/sales office. The model unit may display a placard not exceeding four square feet. Modular home means a dwelling unit constructed in accordance with the standards set forth in the state building code and composed of components substantially assembled in a manufacturing plant and transported to the building site for final assembly on a permanent foundation. Among other possibilities, a modular home may consist of two or more sections transported to the site in a manner similar to a manufactured home, except that the modular home meets the state building code, or a series of panels or room sections transported on a truck and erected or joined together on the site. Once certified by the state, modular homes shall be subject to the same standards as site built homes. Monopole television tower means a single pole tower intended primarily for the sending and/or receiving of television signals with no above-ground lateral support from secondary structural members. MUTCD means Manual on Uniform Traffic Control Devices. Natural feature means any outside landscape feature on the site, such as, but not limited to, trees, shrubs or rock formations. Non-conforming use means any building or land lawfully occupied by a use on the effective date of the ordinance from which thisPROOFS chapter is derived, or amendment thereto, which does not conform after the passage of such ordinance or amendment with the use requirements of the district in which it is situated. Normal maintenance and repair means routine repair, replacement or maintenance of electrical or mechanical installations or of damaged or worn parts or surfaces, including such activities as painting, landscaping and treatment of architectural features which do not involve a change in the design, material or outer appearance thereof. Office for contractor, general, or trades means an office occupied by a person or business which is engaged in all or most aspects of building construction, land development, or the commonly identified trades, such as plumbing, heating, wiring, sheet metal roofing work, or utility construction. Page 344 of 424
Open storage means the keeping, in an unroofed area, of items for more than 24 hours. Overhead canopy means any structure placed over, around or near a fuel pump island or drive-up bank teller facility and intended to provide lighting and/or protection from the elements for fuel pump island or drive-up bank teller facility users. Park includes areas developed for both passive and active recreational activities. The development may include, but shall not be limited to, walkways, benches, open fields, multi-use courts, swimming and wading pools, amphitheaters, etc. The term “park” may also include the areas associated with history, tradition or cultural heritage of national, state or local interest. The term “park” shall not include zoos, mobile/manufactured parks, travel trailer parks and amusement parks. Parking facility means any area, either open or enclosed, structural or natural, for the storage of a vehicle. Each parking facility shall have an approved means of ingress and egress. A parking lot, as defined in this section, is a subclassification of a parking facility. Parking lot means an open area, outside of the public right-of-way, for the storage of a vehicle. The term "parking area" shall be included in this definition. Each parking lot shall have an approved means of ingress and egress, and handicapped parking will be in accordance with G.S. 20-37.5 and 20-37.6. Parking space, off-street, means an adequate size space for parking a vehicle, with room for opening doors on both sides, proper access to streets and adequate maneuvering room. Patio home means a single-family detached unit in a totally planned development, where open space is provided to offset smaller lots for such home. Personal property means property owned, utilized and maintained by an individual or members of his residence and acquired in the normal course of living in or maintaining a residence. The term “personal property” does not include merchandise which was purchased for resale or obtained on consignment. Planned unit development means a mixed use land development project planned as a single development by means of a unitary site plan. This permits flexibility in building site, mixtures in building types and land uses, usable open space and preservation of significant natural features. Planning board means a body appointed by the town council in accordance with chapter 2, article III, division 3 of this Code. Planning department means the town planning department, as set forth in chapter 2, article III, division 4 of this Code. Principal building or structure means a building or structure containing the principal use of the lot, including any land area necessitated by the character of the principal use (e.g., outside storage) for its complete operation, excluding off-street parking. Principal use means the primary purpose or function that a lot serves, or is intended to serve, according to its zoning classification. Redevelopment means any proposed expansion, addition, or renovation to an existing building or site. Residential care means establishments primarily engaged in the provision of residential, social and personal care for children, the aged and special categories of persons with some limits on ability for self-care, but where medical care is not a major element, such as an adult day care facility, home for the aged and infirm and other similar residential care usesPROOFS not otherwise defined in this section. Residential hotel means a building or group of buildings providing lodging for persons, with or without meals, and intended and used for the accommodation of transient lodgers in suites designed in a fashion that reflects the intended use for transient lodgers and not for permanent residential accommodation. Suites may have one or more rooms in addition to bathrooms, water closet compartments, laundries, pantries, foyers, communicating corridors, closets or any dining alcove. A kitchen area separate from the living or sleeping areas shall be provided and cooking may be done only in the kitchen area. This definition shall not include housing units as hotels, such as maid, desk and laundry service. Restaurant means an establishment, the principal business of which is the sale of foods, frozen desserts or Page 345 of 424 beverages to a customer, in a ready-to-consume state, and the design and principal method of operation of which determines its classification, as follows: (1) The term "carryout" means: a. Foods and/or beverages may be served in edible containers, or in paper, plastic or other disposable containers, by an employee at a standing counter or drive-in window; and b. Consumption is normally off the premises, but may be allowed within a motor vehicle parked on the premises, or at other facilities on the premises outside the principal building. (2) The term "fast food" means the same as the term "carryout," and includes allowing consumption within the principal building. (3) The term "standard" means: a. Customers are provided with an individual menu and served by an employee at the same table or counter at which their food and/or beverages are consumed; or b. A cafeteria-type operation where foods and/or beverages generally are consumed within the restaurant. Sales office, off-premises (branch), means that, in addition to maintaining inventories of goods; physically assembling and grading goods in large lots; breaking bulk; delivery; and various types of promotion, such as advertising, a wholesaler or distributor may establish offices and other supportive areas for the use of personnel primarily employed for off-premises sales and other administrative or managerial needs. On-premises retail sales as the principal use is not included in such classification. Off-street parking for this portion of the building shall be calculated independently of any other use of the same structure. Sanitary landfill means an approved excavated site, which meets all of the required county, state and/or federal environmental and health regulations and serves as a depository for solid waste material, including trash, construction debris, branches and limbs, garage and nontoxic, nonhazardous industrial waste. Scrap processor means an establishment or place of business in a fixed location, utilizing machinery and equipment for processing and manufacturing iron, steel or nonferrous metallic scrap iron into prepared grades, and the principal product of which is scrap iron, scrap steel or nonferrous metallic scrap for sale for remelting purposes. Screening buffer means a permanent physical barrier, as required in this chapter, consisting of living or nonliving materials, or a combination thereof, for the separation of uses according to the requirements outlined in each district. Self-service storage facility means a facility intended for short- to long-term storage of household goods, automobiles, boats, or other goods, none of which are meant for retail sale. Outside storage of boats, automobiles, or other vehicles is permitted within the C-2 district in conjunction with the self-service storage facility use so long as all outside storage is completely screened with an opaque fence and not visible from any right-of-way or adjacent property. Storage of bulk materials shall not be permitted with such use. Service station means buildings and premises where gasoline, oil, grease, batteries, tires and automobile accessories may be supplied and dispensed at retail. Uses permitted at a service station do not include major mechanical and body work, straightening of body parts, painting, welding, storage of automobiles not in operating condition or other work involving noise, glare, fumes, smoke or other characteristics to an extent greater than normally found in servicePROOFS stations. A service station is not a repair garage, body shop or trim shop. Setback means the distance a structure must be located from the appropriate lot line. Setbacks shall be measured from the face of the structure. Provided, that roof overhangs, eaves and projections of 18 inches or less from the face of the structure shall be allowed to project into the required setback area. Shopping center means three or more commercial establishments, containing 25,000 square feet of gross floor area, planned and constructed as a single unit with off-street parking and loading facilities provided on the property. Shopping centers are related in location, size and type of uses to the trade area which they serve and are considered as such at the owner's discretion. This definition includes malls, commercial plazas and community shopping areas. Site area means the property subject to a development permit that is included in a development application Page 346 of 424 and is a legal lot or lots of record with county tax office. Sludge means any solid, semisolid or liquid waste generated from a residential, commercial, municipal or industrial wastewater treatment plant or water supply treatment plant not considered to be a hazardous waste branch. Sludge shall be considered to be that waste which has been treated by a process to significantly reduce pathogens. Small office/commercial center means two or more office or commercial establishments containing no more than a total of 24,999 square feet of gross floor area, which are planned and constructed as a single unit, but not necessarily as a single building, with off-street parking and loading facilities provided on the site. Special congregate facilities means congregate facilities characterized by a clientele composed of persons who do not possess personal automobiles to assist them in their daily transportation throughout the town and its vicinity. Such facilities may include indigent care, shelter and housing facilities, hotels and other similar facilities. Specified anatomical areas means: (1) Less than completely and opaquely covered: a. Human genitals; b. Pubic region; c. Buttock; and d. Female breast below a point immediately above the top of the areola. (2) Human male genitals in a discernibly turgid state, even if completely and opaquely covered. Specified sexual activities means: (1) Human genitals in a state of sexual stimulation or arousal; (2) Acts of human masturbation, sexual intercourse or sodomy; (3) Fondling or other erotic touching of human genitals, pubic region, buttock or female breast. Stables, private, means a stable designed to house horses, with a capacity for not more than two horses; provided, however, that a private stable may exceed a two-horse capacity if the premises whereon such stable is situated contains an area of not less than 43,560 square feet for each horse accommodated. Standard Industrial Classification Manual and SIC Manual mean a publication of the federal government which classifies industrial, commercial and professional establishments according to the type of activity in which they are engaged. Story means the portion of a building between the surface of any floor and the floor or roof above it. The following are considered stories: (1) Mezzanine, if it exceeds one-third of the total floor area of the story immediately below it; (2) Penthouse, if it exceeds one-third of the total area of the roof; (3) Basement, if subdivided and used for dwelling or business purposes. Street includes the term "alley," "avenue," "road," "cul-de-sac," "highway," "thoroughfare," "lane," "drive" or "court," whether designated as public or private. Street classifications include the following: (1) Cul-de-sac means a street designed to have one end permanently closed, and such closed end terminated by a vehicularPROOFS turnaround. (2) Freeway means a major thoroughfare that is a divided street or road and serves through traffic with full control of access and grade separations at intersections. (3) Local street (minor) means a street that serves primarily to provide direct access to abutting property. Such street offers the lowest level of mobility and through traffic is usually deliberately discouraged. (4) Major thoroughfare (arterial) means major streets that provide for the expeditious movement of volumes of traffic within and through urban areas. Page 347 of 424
(5) Marginal access street (frontage road) means streets that are parallel and adjacent to major streets and highways, and provide access to abutting properties and protection from through traffic. (6) Minor thoroughfare (collector) means streets that perform the function of collecting traffic from local access streets and carrying it to the major thoroughfare system. Such streets may supplement the major thoroughfare system by facilitating minor through traffic movement and may also serve abutting property. Street line means the right-of-way boundary of a street. Street types include the following: (1) Private street means a right-of-way for vehicular traffic which is constructed to acceptable public street standards for the town and dedicated to a select portion of the public. The responsibility for the maintenance of a private street shall be by an established owners' association or other private property owner's legal agreements. (2) Public street means a right-of-way for vehicular traffic, dedicated and accepted by the state department of transportation or the town for public use. Structure means anything constructed or erected with a fixed location on the ground or attached to something having a fixed location on the ground. Such The term "structure" includes buildings, mobile homes, billboards and other similar type uses. Swimming pool means any structure that is intended for swimming, recreational bathing or wading that contains water over 24 inches deep, including, but not limited to, in-ground and above-ground swimming pools; hot tubs; spas; and fixed-in-place wading pools. Swimming pools shall be considered above ground when any part of the pool, excluding diving boards, slides, and ladder rails or decorative features, is more than 12 inches above ground. Tattoo parlor means any location where tattooing is engaged in or where the business of tattooing is conducted or any part thereof. Tattooing means the inserting of permanent markings or coloration, or the producing of scars, upon or under human skin through puncturing by use of a needle or any other method. Telephone communication facility, unattended, means a windowless structure containing electronic telephone equipment that does not require regular employee attendance for operating. Temporary portable storage unit means "portable on-demand storage" or "PODS" is: (1) Any mobile container, storage unit, shed like container or other portable structure designed for temporary storage; (2) Located outside an enclosed building; (3) Or is not permanently affixed to the land; (4) Or can be used for the storage of personal property of any kind; and (5) Not intended for human habitation. An accessory building, as defined in this section and complying with all building codes and land use requirements, is not a temporary portable storage unit. Temporary use meansPROOFS a limited use of land, buildings or structures, not intended to be of a permanent duration. Total floor area of a structure means the subarea total listed on county tax appraisal cards or total square footage on file with the town building inspections department at the time of required application, whichever is greater. Towing service, automotive or truck, means a commercial enterprise, business or company established to tow or remove motor vehicles from one location to another. A towing service includes the temporary storage of motor vehicles at its site, but under no circumstances shall any motor vehicle remain on the premises of a towing service for more than 24 hours unless stored within an enclosed structure or the tow service is located in a C-1 or C-2 Page 348 of 424
district. Such service shall comply with all ordinances of the town. Townhouse means a structure containing two or more single-family attached dwelling units, with each unit on its own individual lot. All townhouse developments shall be subject to the multiple-family dwelling provisions in this chapter, except as follows: (1) Townhouse developments in the R-6 Medium Density with Performance Standards Residential Zoning District shall comply with all requirements of section 66-315. (2) No unit shall be connected by common walls on more than two sides. (3) All yard and setback dimensional requirements shall apply to the property lines of the entire development. No individual unit shall be required to meet the yard dimensions. Trailer, overnight camping, includes the following: (1) Camping trailer means a canvas, temporary, folding structure, mounted on wheels and designed for travel, recreation and vacation use. (2) Pickup coach means a structure designed to be mounted on a truck chassis for use as a temporary dwelling for travel, recreation and vacation. (3) Travel trailer means a wheeled, vehicular, portable structure, built on a chassis (other than a mobile home), designed as a temporary dwelling for travel, recreation and/or vacation purposes, including, but not limited to, structures mounted on auto or truck bodies that are commonly referred to as "campers." Such structures shall be considered travel trailers, regardless of other titles that may also be applicable, such as camper, mini, mobile home or a similar designation. TRC means the technical review committee. Used and occupied, as applied to any land or building, mean that such land or building is in actual use or occupancy, and shall be construed to include the terms "intended," "arranged" and "designed" to be used or occupied. Variance means a relaxation of the terms of this chapter where such variance will not be contrary to the public interest and where, owing to conditions peculiar to the property and not the result of such actions of the applicant, a literal enforcement of this chapter would result in unnecessary and undue hardship. A variance is authorized only for height, area and size of structures or size of yards and open spaces. Establishment or expansion of a use otherwise prohibited shall not be allowed by variance, nor shall a variance be granted because of the presence of nonconformities in the zoning district or uses in an adjoining zoning district. Vehicle for hire means any motor vehicle, horse-drawn vehicle or other vehicle or device designed or used for the transportation of passengers for hire, the charges for which are determined by agreement, mileage or by the length of time for which the vehicle is engaged. As used in this chapter, a vehicle for hire shall not include a taxicab. Veterinary clinic means a place or facility which provides dental, medical or surgical care for dogs, cats and other domesticated animals. Kennels are not included in this definition. Yard means a required open space, unoccupied and unobstructed by any structure, or portion of any structure, from 30 inches above the ground level of the graded lot upward; provided, however, that fences, walls, poles, posts and other customary yard accessories, ornaments, furniture and HVAC units may be permitted in any yard. Provided further, that roof overhangs, eaves and other projections of 18 inches or less from the face of the structure shall be allowed to project into PROOFSany yard. In those cases where a street right-of-way extends within a property line, the required yard adjacent to such street right-of-way shall be measured at right angles from such right-of-way line and not from the property line. Front yard means the portion of the property that extends along the full width of a front lot line and includes all areas of the property from the front corner of the principal structure to the front property line. In the case of a corner lot, any yard extending along the full length of a street line is considered a front yard. Rear yard means the portion of the property extends for the full width of a rear lot line and includes all areas of the property from the rear corner of the principal structure to the rear property line. Page 349 of 424
Side yard means the portion of the property extends along a side lot line from the required front yard and includes all areas of the property from the rear corner of the principal structure to the front corner of the principal structure along the side property line. Yard sale means all general sales, open to the public, conducted from or on a residential premises in any district or at a commercial establishment in any commercial district, subject to the limitations set forth in this chapter, for the purpose of disposing of personal property. The term “yard sale” shall include all sales described in this definition, whether or not they are garage, lawn, yard, attic, porch, room, backyard or patio sales. The sale of a vehicle at a private residence does not constitute a yard sale and is not subject to the provisions of the town's regulation regarding yard sales. (Code 2003, § 30-4; Ord. No. 02-21, § 1(19.31, 19.32), 6-20-2002; Ord. No. 03-17, §§ 1, 2, 8-21-2003; Ord. No. 04-05, § 1, 1-15-2004; Ord. No. 04-31, § 1, 10-21-2004; Ord. No. 04-35, § 1, 11-18-2004; Ord. No. 05-20, § 1, 7-21-2005; Ord. No. 05- 28, § 1, 10-20-2005; Ord. No. 06-06, § 1, 4-20-2006; Ord. No. 06-27.1, § 1, 9-21-2006; Ord. No. 06-27.2, § 1, 10-19-2006; Ord. No. 06-27.3, § 1, 10-19-2006; Ord. No. 09-09, § 1, 3-19-2009; Ord. No. 10-13, § 1, 8-19-10; Ord. No. 11-01, § 1, 1-20- 2011; Ord. No. 11-06, § 1, 8-18-2011; Ord. No. 11-07, § 1, 8-19-2011; Ord. No. 11-09, §§ 1, 2, 11-17-2011; Ord. No. 12-08, § 1, 8-16-2012; Ord. No. 12-10, § 2, 10-18-2012; Ord. No. 13-03, § 1, 3-21-2013; Ord. No. 13-07, § 1, 3-21-2013; Ord. No. 13-11, § 1, 5-16-2013; Ord. No. 13-20, § 1, 8-15-2013; Ord. No. 14-02, § 1, 1-16-2014; Ord. No. 15-07, § 1, 5-21-2015; Ord. No. 16-01 , §§ 1, 2, 1-21-2016; Ord. No. 16-09 , § 1, 7-14-2016; Ord. No. 16-14 , § 1, 10-20-2016; Ord. No. 16-16 , § 1, 12- 15-2016; Ord. No. O17-002, § 1, 2-16-2017; Ord. No. O17-003, § 1, 2-16-2017) Sec. 66-5. Violations; penalties.74 (a) Any violation of this chapter shall subject the offender to a civil penalty in the amount of $50.00. Violators shall be issued a written citation, which must be paid within three working days (72 hours) of the citation. (b) Each day's continuing violation beyond three working days (72 hours) shall be a separate and distinct offense. (c) Notwithstanding subsection (b) of this section, the provisions of this chapter may be enforced through equitable remedies issued by a court of competent jurisdiction. (Code 2003, § 30-5; Ord. No. 02-21, § 1(19.192), 6-20-2002) Secs. 66-6--66-28. Reserved.
ARTICLE II. ADMINISTRATION AND ENFORCEMENT Sec. 66-29. Code enforcement officer. (a) The town council shall appoint a code enforcement officer to administer and enforce this chapter. The code enforcement officer may be provided with the assistance of such other persons as the town council may direct. (b) The code enforcement officer is authorized, and it shall be his duty, to administer and enforce the provisions of this chapter, except as otherwise provided in this chapter. Appeal from a decision of the code enforcement officer may be made to the board of adjustment as provided in article III of this chapter. (c) If the code enforcement officer finds that any of the provisions of this chapter are being violated, he shall notify in writing the person responsible for such violation, indicating the nature of the violation and ordering the action necessary to correct it. He shall order discontinuance of any illegal work being done and shall take any other action authorized by this Code or the general statutes of the state to ensure compliance with, or prevent violation of, the provisions of thisPROOFS chapter. (Code 2003, § 30-31; Ord. No. 02-21, § 1(19.151), 6-20-2002)
74 Legal Analysis: Code 2003, § 30-5. Violations; penalties. Deleted to use code § 1-14. Keep per 6/5/17 conference. Page 350 of 424
Sec. 66-30. Building permits.75 (a) Upon adoption of the ordinance from which this chapter is derived, noNo building permit shall be approved by the building inspector, except in conformity with the provisions of this chapter and until the officer receives a signed certificate from the code enforcement officer, or unless he receives a written order from the board of adjustment in the form of an administrative review or variance as provided by ordinance. (b) The code enforcement officer shall not submit a certificate of zoning compliance for the issuance of a building permit unless the plans, specifications and intended use of such building or structure, or part thereof, conform in all respects to the provisions of this chapter. The application for a zoning certificate shall be accompanied by such information as the code enforcement officer may lawfully require to enable him to act upon such application. A fee shall be charged for the issuance of each zoning certificate. (c) Each application for a zoning certificate shall include information as to the location of applicable areas of environmental concern (AECs). Prior to the issuance of a building permit, the building inspector or local permit officer shall certify that the proposed structure or facility is in accordance with the state guidelines for areas of environmental concern. (d) For purposes of enforcing subsection (c) of this section, the term "local permit officer" means the building inspector or his designee in accordance with the Coastal Area Management Act Implementation and Enforcement Plan for Brunswick County. (e) Before commencing the construction, erection, repair, alteration, addition to, or moving of any building or structure, or part thereof, or before commencing any excavation for such building or structure, except where specifically authorized by this chapter, a building permit for such work shall be secured from the building inspector, according to the fee schedule. (f) Before commencing the removal or demolition of any building or structure, or part thereof, a building permit authorizing such demolition shall be obtained from the building inspector at no charge or fee. (g) The building inspector shall not issue a building permit unless the plans, specifications and intended use of such building, structure or land, or part thereof, conform in all respects to the provisions of this chapter, as determined by the code enforcement officer. The application for a building permit shall, therefore, be accompanied by a zoning permit signed by the code enforcement officer, as well as any additional information required by the building inspector. In cases where an appeal is filed by the applicant or where he applies for a variance, the code enforcement officer shall forthwith transmit all of the papers pertaining to the application to the board of adjustment for its action. (Code 2003, § 30-32; Ord. No. 02-21, § 1(19.152), 6-20-2002) Sec. 66-31. Certificate of compliance. (a) It shall be unlawful for any person to change or commence the use of any building or land, except the use of land for agricultural purposes, until a preliminary certificate of zoning compliance has been issued by the code enforcement officer for the town, stating that the proposed use complies with the provisions of this chapter and all applicable codes of the town and state, and the applicant for the preliminary certificate of zoning compliance has paid the application fee as established by the town council. (b) The applicant for a preliminary certificate of zoning compliance shall be required to provide the code enforcement officer with a diagram of the property, drawn to scale and showing the location of any proposed improvements. Such diagramPROOFS may be prepared by a surveyor or by utilizing tax maps of the property; provided, however, that any such layout must be to scale and must clearly show the location of the property and any proposed improvements. (c) The applicant for a preliminary certificate of zoning compliance shall be required to locate the boundaries of the property for which the preliminary certificate of zoning compliance is requested in such a manner that the
75 Legal Analysis: Code 2003, § 30-32. Building permits. Deleted unnecessary language. OK per 6/5/17 conference. Page 351 of 424 boundaries can be identified by the code enforcement officer. Such markings may include stakes being placed at the corners and strings tied between such stakes along the boundaries of the property. Other methods of identifying the corners and boundaries of the property are acceptable as long as such methods clearly delineate the location of the property in question. The code enforcement officer shall not issue a preliminary certificate of zoning compliance until such time as the property has been marked in a fashion so that its corners and boundaries can be located. If, after the preliminary certificate of zoning compliance is issued, it is determined that the corners and boundaries were improperly located, the code enforcement officer shall immediately revoke the preliminary certificate of zoning compliance and all construction activity on the property shall cease until it is determined that the preliminary certificate of zoning compliance was properly issued. (d) Upon completion of any new nonresidential construction and prior to the issuance of a certificate of occupancy by the town building inspector, the property owner must acquire a final certificate of zoning compliance from the code enforcement officer. If the code enforcement officer is unable to determine that the completed construction complies with the provisions of this chapter, the code enforcement officer may require the property owner to submit a final plot plan, prepared by a registered surveyor, showing the boundaries of the property and the location of the new construction on such property. (Code 2003, § 30-33; Ord. No. 02-21, § 1(19.153), 6-20-2002; Ord. No. 04-41, § 1, 1-20-2005) State law reference—Certificates of compliance, G.S. 160A-423. Sec. 30-34. Building permits issued prior to june 20, 2002.76 Nothing contained in this chapter shall require any change in the plans, construction size or designated use of any building or structure, or part thereof, for which a building permit had been granted by the building inspector before the time of passage of the ordinance from which this chapter is derived; provided, however, that where construction is not begun under such outstanding permit within a period of 60 days subsequent to passage of the ordinance from which this chapter is derived, any further construction or use shall be in conformity with the provisions of this chapter and as set out in G.S. 106A-418. (Code 2003, § 30-34; Ord. No. 02-21, § 1(19.155), 6-20-2002) Sec. 66-32. Changes and amendments. The town council may, on its own motion or upon petition, after public notice and hearing, amend, supplement, change, modify or repeal the regulations or maps in this chapter or subsequently established, subject to the rules and procedures established by law and more specifically established as follows: (1) The town council shall hold hearings and consider changes to this chapter at a duly advertised meeting. Applicants shall be advised by the town clerk as to when their request shall be heard by the town council. Requests for changes will be taken on a first come, first served basis, so as to afford all interested parties an opportunity to make their opinions known or any request of interest to them. (2) a. Before adopting or amending any ordinance authorized by this article (G.S. 160A-360—160A- 458.1), the town council shall hold a public hearing on such change request. A notice of the public hearing shall be in a newspaper having general circulation in the area. The notice shall be published the first time not less than ten days, nor more than 25 days, before the date fixed for the hearing. In computing such period, the day of publication is not to be included, but the day of the hearing shall be included. The town shall post a sign describing the proposed change request at least 15 days prior to the town council meeting at which the request is to be heard. Such sign shall be posted on the site proposed for rezoning or on an adjacentPROOFS public street or highway right-of-way. When multiple parcels are included within a proposed zoning map amendment, a posting on each individual parcel is not required, but the town shall post sufficient notices to provide reasonable notice to interested persons. b. Whenever there is a zoning map amendment, the owner of that parcel of land affected by the
76 Legal Analysis: Code 2003, § 30-34. Building permits issued prior to June 20, 2002. Delete as obsolete? Have all pre-2002 permits expired? Deleted per 6/5/17 conference. Page 352 of 424
proposed zoning map amendment as shown on the county tax listing, and the owners of all parcels of land abutting that parcel of land as shown on the county tax listing, shall be mailed a notice of a public hearing on the proposed amendment by first-class mail at the last addresses listed for such owners on the county tax abstracts. This notice must be deposited in the mail at least ten but not more than 25 days prior to the date of the public hearing. The person or persons mailing such notices shall certify to the town council that fact, and such certificate shall be deemed conclusive in the absence of fraud. c. The first-class mail notice required under subsection (2)(b) of this section shall not be required if the zoning map amendment directly affects more than 50 properties, owned by a total of at least 50 different property owners, and the town elects to use the expanded published notice provided for in this subsection. In this instance, a town may elect to either make the mailed notice provided for in subsection (2)(b) of this section or may as an alternative elect to publish notice of the hearing as required by G.S. 160A-364, but provided that each advertisement shall not be less than one-half of a newspaper page in size. The advertisement shall only be effective for property owners who reside in the area of general circulation of the newspaper which publishes the notice. Property owners who reside outside of the newspaper circulation areas, according to the address listed on the most recent property tax listing for the affected property, shall be notified according to the provisions of subsection (2)(b) of this section. (3) Subsequent to initial adoption of the zoning ordinance from which this chapter is derived, all proposed amendments to this chapter the zoning ordinance or the zoning map shall be submitted to the planning board for review and comment. If no written report is received from the planning board within 30 days of referral of the amendment to that board, the town council may proceed in its consideration of the amendment without the planning board report. The town council is not bound by the recommendations, if any, of the planning board. (4) a. In case of a qualified protest against a zoning map amendment, that amendment shall not become effective except by favorable vote of three-fourths of all the members of the town council. For the purposes of this subsection, vacant positions on the council and members who are excused from voting shall not be considered "members of the council" for calculation of the requisite supermajority. b. To qualify as a protest under this section, the petition must be signed by the owners of either: (i) 20 percent or more of the area included in the proposed change; or (ii) five percent of a 100-foot-wide buffer extending along the entire boundary of each discrete or separate area proposed to be rezoned. A street right-of-way shall not be considered in computing the 100-foot buffer area as long as that street right-of-way is 100 feet wide or less. When less than an entire parcel of land is subject to the proposed zoning map amendment, the 100-foot buffer shall be measured from the property line of that parcel. In the absence of evidence to the contrary, the town may rely on the county tax listing to determine the owners of potentially qualifying areas. c. The foregoing provisions concerning protests shall not be applicable to any amendment which initially zones property added to the territorial coverage of the ordinance as a result of annexation or otherwise, or to an amendment to an adopted special use district, conditional use district, or conditional district if the amendment does not change the types of uses that are permitted within the district or increase the approved density for residential development, or increase the total approved size of nonresidential development, or reduce the size of any buffers or screening approvedPROOFS for the special use district, conditional use district, or conditional district. d. No protest against any change in or amendment to this chapter the zoning ordinance or the zoning map shall be valid or effective for the purposes of G.S. 160A-385 unless it is 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, and unless it shall have been received by the town clerk in sufficient time to allow the town at least two normal work 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. The town council may by ordinance require that all protest petitions be on a form prescribed and furnished Page 353 of 424
by the town, and such form may prescribe any reasonable information deemed necessary to permit the town to determine the sufficiency and accuracy of the petition. A person who has signed a protest petition may withdraw his name from the petition at any time prior to the vote on the proposed zoning amendment. Only those protest petitions that meet the qualifying standards set forth in G.S. 160A-385 at the time of the vote on the zoning amendment shall trigger the supermajority voting requirement. (5) All applications for amending this chapter or the zoning map shall be submitted to the code enforcement officer. The proposal shall contain a metes and bounds description or deed drawing of the area involved or a reference to lots in an approved subdivision, a statement of the present and proposed zoning classification of the property, the names and addresses of the owners of the property involved, and the names and addresses of the owners of the property immediately adjacent thereto on all sides and across any street, provided that the names and addresses of the property owners shall not be required of proposals initiated by the planning board where, in the opinion of the planning board, the manner of the proposal would make it impractical to list the names and addresses of the property owners. (6) There shall be a fee payable to the town for each application for rezoning. The amount of such fee shall be fixed by the town council and shall be sufficient to partially defray all administrative costs incurred in processing the application, notifying adjacent property owners, obtaining technical assistance and publishing the notice of public hearing. No refund of the fee, or any part thereof, shall be made once the application has been advertised for the public hearing. No action will be taken and no application will be valid until such fee has been paid. A fee shall not be required if the application is initiated by the town council or planning board. (7) No such proposed change in this chapter or the zoning map, if denied by action of the town council or planning board, may be submitted within a period of one year from the date of such denial by the town council or planning board, unless the town council shall unanimously find that changing conditions in the area or new information concerning the property requested for rezoning warrant a resubmission for change in this chapter or the zoning map, provided that the one-year waiting period shall not be applicable or otherwise be involved in the filing of a new application for rezoning all or any part of the property previously considered by the planning board or the town council where the new application requests rezoning to a different zoning district classification. Nevertheless, not more than two applications may be filed for rezoning all or part of the same property within any 12-month period. The aforementioned waiting period of one year, or the limitations on the number of applications per year, shall not apply to staff-sponsored changes to this chapter or zoning map. Staff-sponsored changes may be re-heard by the town council and planning board with a simple majority vote from the town council. (8) A town council member shall not vote on any zoning map or text amendment where the outcome of the matter being considered is reasonably likely to have a direct, substantial, and readily identifiable financial impact on the member. Members of appointed boards providing advice to the town council shall not vote on recommendations regarding any zoning map or text amendment where the outcome of the matter being considered is reasonably likely to have a direct, substantial, and readily identifiable financial impact on the member. (9) Zoning regulations shall be made in accordance with a comprehensive plan. Prior to adopting or rejecting any zoning amendment, the town council shall adopt a statement describing whether its action is consistent with an adopted comprehensive plan and explaining why the town council considers the action taken to be reasonablePROOFS and in the public interest. That statement is not subject to judicial review. The planning board shall advise and comment on whether the proposed amendment is consistent with any comprehensive plan that has been adopted and any other officially adopted plan that is applicable. The planning board shall provide a written recommendation to the governing board that addresses plan consistency and other matters as deemed appropriate by the planning board, but a comment by the planning board that a proposed amendment is inconsistent with a comprehensive plan shall not preclude consideration or approval of the proposed amendment by the town council. (10) All provisions of this chapter are hereby made applicable to the erection, construction, and use of buildings by the state of North Carolina and its political subdivisions. Provided that no land owned by Page 354 of 424
the state of North Carolina may be included within an overlay district or a special use or conditional use district without approval of the council of state. (Code 2003, § 30-35; Ord. No. 02-21, § 1(19.156), 6-20-2002; Ord. No. 06-08, §§ 1—6, 3-16-2006; Ord. No. 13-06, § 1, 3- 21-2013) State law reference—Method of procedure, G.S. 160A-384. Sec. 66-33. Submitting requests to planning board. The town council requires that all planning board agenda items be submitted to the code enforcement officer ten working days before the planning board's regularly scheduled monthly meeting. (Code 2003, § 30-36; Ord. No. 02-21, § 1(19.159), 6-20-2002) Sec. 66-34. Schedule of fees. The town council shall adopt a schedule of fees to be paid by applicants for permits and applications required under the provisions of this chapter. Such fee schedule shall be adopted by resolution of the town council and shall be maintained in the office of the code enforcement officer. (Code 2003, § 30-37; Ord. No. 02-21, § 1(19.160), 6-20-2002) Sec. 66-35. Moratorium on development.77 (a) The town may adopt temporary moratoria on any town development approval required by law. The duration of any moratorium shall be reasonable in light of the specific conditions that warrant imposition of the moratorium and may not exceed the period of time necessary to correct, modify, or resolve such conditions. Except in cases of imminent and substantial threat to public health or safety, before adopting an ordinance imposing a development moratorium with a duration of 60 days or any shorter period, the governing board shall hold a public hearing and shall publish a notice of the hearing in a newspaper having general circulation in the area not less than seven days before the date set for the hearing. A development moratorium with a duration of 61 days or longer, and any extension of a moratorium so that the total duration is 61 days or longer, is subject to the notice and hearing requirements of G.S. 160A-364. Absent an imminent threat to public health or safety, a development moratorium adopted pursuant to this section shall not apply to any project for which a valid building permit issued pursuant to G.S. 160A-417 is outstanding, to any project for which a conditional use permit application or special use permit application has been accepted, to development set forth in a site-specific or phased development plan approved pursuant to G.S. 160A-385.1, to development for which substantial expenditures have already been made in good faith reliance on a prior valid administrative or quasi-judicial permit or approval, or to preliminary or final subdivision plats that have been accepted for review by the town prior to the call for public hearing to adopt the moratorium. Any preliminary subdivision plat accepted for review by the town prior to the call for public hearing, if subsequently approved, shall be allowed to proceed to final plat approval without being subject to the moratorium. (b) Any ordinance establishing a development moratorium must expressly include at the time of adoption each of the following: (1) A clear statement of the problems or conditions necessitating the moratorium and what courses of action, alternative to a moratorium, were considered by the town and why those alternative courses of action were not deemed adequate. (2) A clear statement of the development approvals subject to the moratorium and how a moratorium on those approvalsPROOFS will address the problems or conditions leading to imposition of the moratorium. (3) An express date for termination of the moratorium and a statement setting forth why that duration is reasonably necessary to address the problems or conditions leading to imposition of the moratorium. (4) A clear statement of the actions, and the schedule for those actions, proposed to be taken by the town during the duration of the moratorium to address the problems or conditions leading to imposition of the
77 Legal Analysis: Code 2003, § 30-38. Moratorium on development. Revised (d) to remove provisions outside the authority of the town to provide. OK per 6/5/17 conference. Page 355 of 424
moratorium.
(c) No moratorium may be subsequently renewed or extended for any additional period unless the town shall have taken all reasonable and feasible steps proposed to be taken by the town in its ordinance establishing the moratorium to address the problems or conditions leading to imposition of the moratorium and unless new facts and conditions warrant an extension. Any ordinance renewing or extending a development moratorium must expressly include, at the time of adoption, the findings set forth in subsections (b)(1) through (4) of this section, including what new facts or conditions warrant the extension. (d) Any person aggrieved by the imposition of a moratorium on development approvals required by law may apply to the appropriate division of the General Court of Justice for an order enjoining the enforcement of the moratorium as provided by law, and the court shall have jurisdiction to issue that order. Actions brought pursuant to this section shall be set down for immediate hearing, and subsequent proceedings in those actions shall be accorded priority by the trial and appellate courts. In any such action, the town shall have the burden of showing compliance with the procedural requirements of this section. (Code 2003, § 30-38; Ord. No. 06-08, § 17, 3-16-2006; altered in 2018 recodification) Secs. 66-36--66-58. Reserved.
ARTICLE III. BOARD OF ADJUSTMENT* *State law reference—Board of adjustment, G.S. 160A-388. Sec. 66-59. Created. A board of adjustment is hereby created. The term "board," when used in this article, shall be construed to mean the board of adjustment. (Code 2003, § 30-71; Ord. No. 02-21, § 1(19.171), 6-20-2002) Sec. 66-60. Membership and term. The board shall be made up of members of the town of Leland planning board. The board shall consist of five regular members and two alternate members, each to be appointed by the town council for the length of their planning board terms. Each alternate member while attending any regular or special meeting of the board and serving on behalf of any regular member shall have and may exercise all the powers and duties of a regular member. All regular members and alternate members shall be citizens and residents of the town of Leland. (Code 2003, § 30-72; Ord. No. 02-21, § 1(19.172), 6-20-2002; Ord. No. 06-08, § 11, 3-16-2006; Ord. No. 11-08, § 2, 9-15- 2011) Sec. 66-61. Conflicts of interest. A member of the board or any other body exercising the functions of a board of adjustment shall not participate in or vote on any quasi-judicial matter in a manner that would violate affected persons' constitutional rights to an impartial decision maker. Impermissible conflicts include, but are not limited to, a member having a fixed opinion prior to hearing the matter that is not susceptible to change, undisclosed ex parte communications, a close familial, business, or other associational relationship with an affected person, or a financial interest in the outcome of the matter. If an objection is raised to a member's participation and that member does not recuse himself, the remaining members shall by majority vote rule on the objection. (Code 2003, § 30-73; Ord.PROOFS No. 02-21, § 1(19.173), 6-20-2002; Ord. No. 06-08, § 11, 3-16-2006) Sec. 66-62. Vacancies. Vacancies occurring for reasons other than expiration of terms shall be filled as they occur for the period of the unexpired term. (Code 2003, § 30-74; Ord. No. 02-21, § 1(19.174), 6-20-2002) Sec. 66-63. Compensation. The town council is authorized to compensate the members of the board of adjustment for their services subject Page 356 of 424
to the following terms and conditions: (1) The compensation to be paid to members of the board of adjustment shall be established in the annual budget adopted by the town council. (2) Members of the board of adjustment shall be compensated on a per meeting basis and such compensation shall only be paid if a member of the board of adjustment attends the entire board of adjustment meeting for which compensation is authorized. (3) Members of the board of adjustment may choose not to receive compensation for their service. In such event the member shall submit written notice to the town clerk of his intention not to be compensated for such service. This notice shall be on forms approved by the town manager and must be submitted to the town clerk no later than July 31 of each fiscal year. (Code 2003, § 30-75; Ord. No. 02-21, § 1(19.175), 6-20-2002; Ord. No. 15-11, § 1, 7-16-2015) Sec. 66-64. Officers; rules and regulations; public record. (a) The board members shall designate one of the members as chair, one member as vice-chair and another member as secretary, and they shall serve terms of one year. (b) The board shall adopt such rules and regulations for its own government as it deems necessary to carry out the provisions of this article. (c) A complete listing of all officers, terms of office, and rules and regulations shall be maintained for public record by the town clerk and a copy shall be kept on file in the office of the town clerk. (Code 2003, § 30-76; Ord. No. 02-21, § 1(19.176), 6-20-2002) Sec. 66-65. Meetings and voting. All hearings of the board shall be open to the public. The board shall designate a clerk to keep minutes of its proceedings, showing the vote of each member upon each question, and the absence or failure of any member to vote, and a copy of the minutes shall be maintained on file for public record in the office of the town clerk. The concurring vote of four-fifths of the board shall be necessary to grant a variance. A majority of the members shall be required to decide any other quasi-judicial matter or to determine an appeal made in the nature of certiorari. For the purposes of this section, vacant positions on the board and members who are disqualified from voting on a quasi-judicial matter shall not be considered members of the board for calculation of the requisite majority if there are no qualified alternates available to take the place of such members. (Code 2003, § 30-77; Ord. No. 02-21, § 1(19.177), 6-20-2002; Ord. No. 06-08, § 12, 3-16-2006; Ord. No. 15-19, § 1, 10-15- 2015) Sec. 66-66. Disposition of appeals. The board shall determine contested facts and make its decision within a reasonable time. Every quasi-judicial decision shall be based upon competent, material and substantial evidence in the record. Each quasi-judicial decision shall be reduced to writing and reflect the board's determination of contested facts and their application to the applicable standards. The written decision shall be signed by the chair or other duly authorized member of the board. The quasi-judicial decision is effective upon filing the written decision with the clerk to the board. The decision of the board shall be delivered by personal delivery, electronic mail, or by first-class mail to the applicant, property owner and to any person who has submitted a written request for a copy prior to the date the decision becomes effective. The planningPROOFS director shall certify that proper notice has been made and a copy of such written certification shall be made a part of the record of the proceedings. (Code 2003, § 30-78; Ord. No. 02-21, § 1(19.178), 6-20-2002; Ord. No. 15-19, § 2, 10-15-2015) Sec. 66-67. Appeals from decisions of the code enforcement officer. (a) An appeal from a decision of the code enforcement official may be taken to the board of adjustment by any person who has standing under G.S. 160A-393(d) or the town may appeal a decision to the board of adjustment. An appeal is taken by filing a notice of appeal with the town clerk. The notice of appeal shall state the grounds for the appeal. Page 357 of 424
(b) The code enforcement official who made the decision from which the appeal may be taken shall give written notice of his decision 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. (c) The owner or other party shall have 30 days from receipt of the written notice within which to file an appeal to the board of adjustment. 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. (d) 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 a town official for information about the decision is prominently posted on the property that is the subject of the decision, provided the sign remains on the property for at least ten days. Any such posting shall be the responsibility of the land owner or applicant. Verification of the posting shall be provided to the code enforcement official who made the decision. Provided, however, that posting of such signs is permissive and shall not be required under the terms of the ordinance from which this section derives. (e) The code enforcement official who made the decision shall transmit to the board all documents and exhibits constituting the record upon which the action appealed from is taken. Such official shall also provide a copy of the record to the appealing party and to the owner of the property that is the subject of the appeal if such owner is not the appealing party. (Code 2003, § 30-79; Ord. No. 02-21, § 1(19.179), 6-20-2002; Ord. No. 08-01, § 1, 1-17-2008; Ord. No. 15-19, § 3, 10-15- 2015) State law reference—Compliance with provisions, G.S. 160A-388. Sec. 66-68. Appeals stay all proceedings. An appeal stays all proceedings in furtherance of the action appealed from, unless the code enforcement official certifies to the board after the notice of appeal shall have been filed with him that, by reason of facts stated in the certificate, a stay would, in his opinion, cause imminent peril to life or property, or because a violation is transitory in nature, a stay would seriously interfere with enforcement of this chapter the ordinance. In that case, enforcement proceedings shall not be stayed except by a restraining order, which may be granted by a court. If enforcement proceedings are not stayed, the appealing party may file with the code enforcement 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 this chapter the ordinance shall not stay the further review of an application for permits or permissions to use such property. In those situations, the appealing party 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. (Code 2003, § 30-80; Ord. No. 02-21, § 1(19.180), 6-20-2002; Ord. No. 15-19, § 4, 10-15-2015) State law reference—Compliance with provisions, G.S. 160A-388. Sec. 66-69. Powers. The board shall have the following powers: (1) Hear appeals. The board of adjustment shall hear and decide appeals from decisions of administrative officials chargedPROOFS with enforcement of the zoning ordinances or flexcode and may hear appeals arising out of any other ordinance that regulates land use or development that includes a provision for granting variances in accordance with the provisions of this chapter. (2) Authorize variances. When unnecessary hardships would result from carrying out the strict letter of the zoning ordinance or flexcode, the board of adjustment shall vary any of the provisions of such ordinances upon a showing of all of the following: a. Unnecessary hardship would result from the strict application of the ordinance. It shall not be necessary to demonstrate that, in the absence of the variance, no reasonable use can be made of the property. Page 358 of 424
b. The hardship results from conditions that are peculiar to the property, such as location, size, or topography. Hardships resulting from personal circumstances, as well as hardships resulting from conditions that are common to the neighborhood or the general public, may not be the basis for granting a variance. c. The hardship did not result from actions taken by the applicant or the property owner. The act of purchasing property with knowledge that circumstances exist that may justify the granting of a variance shall not be regarded as a self-created hardship. d. The requested variance is consistent with the spirit, purpose, and intent of the ordinance, such that public safety is secured, and substantial justice is achieved. (3) Change in permitted uses and conditions. No change in permitted uses may be authorized by variance. Appropriate conditions may be imposed on any variance, provided that the conditions are reasonably related to the variance. (4) Oaths. The chair of the board or any member acting as chair and the clerk to the board are authorized to administer oaths to witnesses in any matter coming before the board. Any person who, while under oath during a proceeding before the board of adjustment, willfully swears falsely is guilty of a Class 1 misdemeanor. (5) Subpoenas. The board of adjustment through the chair, or in the chair's absence anyone acting as chair, may subpoena witnesses and compel the production of evidence. To request issuance of a subpoena, persons with standing under G.S. 160A-393(d) may make a written request to the chair explaining why it is necessary for certain witnesses or evidence to be compelled. The chair shall issue requested subpoenas he determines to be relevant, reasonable in nature and scope, and not oppressive. The chair shall rule on any motion to quash or modify a subpoena. Decisions regarding subpoenas made by the chair may be appealed to the full board of adjustment. If a person fails or refuses to obey a subpoena issued pursuant to this subsection, the board of adjustment or the party seeking the subpoena may apply to the General Court of Justice for an order requiring that its subpoena be obeyed, and the court shall have jurisdiction to issue these orders after notice to all proper parties. (Code 2003, § 30-81; Ord. No. 02-21, § 1(19.181), 6-20-2002; Ord. No. 06-08, § 13, 3-16-2006; Ord. No. 15-19, § 5, 10-15- 2015) State law reference—Compliance with provisions, G.S. 160A-388. Sec. 66-70. Rehearings. The board shall refuse to hear an appeal or application previously denied if it finds there have been no substantial changes in conditions or circumstances bearing on the appeal or application. (Code 2003, § 30-82; Ord. No. 02-21, § 1(19.182), 6-20-2002) Sec. 66-71. Review by certiorari. Every quasi-judicial decision shall be subject to review by the superior court by proceedings in the nature of certiorari pursuant to G.S. 160A-393. A petition for review shall be filed with the clerk of superior court by the later of 30 days after the decision is effective or after a written copy thereof is given in accordance with section 66-66. 30-78 above. When first-class mail is used to deliver notice, three days shall be added to the time to file the petition. (Code 2003, § 30-83; Ord.PROOFS No. 02-21, § 1(19.183), 6-20-2002; Ord. No. 15-19, § 6, 10-15-2015) Secs. 66-72--66-100. Reserved.
ARTICLE IV. ZONING MAP* *State law reference—Method of procedure, G.S. 160A-384. Sec. 66-101. Adopted. (a) For the purpose of this chapter, the jurisdiction is hereby divided into zones or districts as shown on the official zoning map of the town, which, together with all explanatory matter thereon, is hereby adopted by reference Page 359 of 424
and declared to be a part of this chapter. (b) The official zoning map shall be identified by the signature of the mayor and attested by the town clerk, and bear the seal of the town under the following words: "This is to certify that this is the official zoning map referred to in Article IV of the Zoning Ordinance of the Town of Leland, North Carolina," together with the date of adoption of the ordinance. (c) The official zoning map shall be located in the town hall and shall be the final authority as to the current zoning status of land and water areas, buildings and other structures in the zoning jurisdiction of the town. (Code 2003, § 30-111; Ord. No. 02-21, § 1(19.16), 6-20-2002) Sec. 66-102. Changes. If changes are made in the zoning district boundaries or other matter shown on the map, such changes shall be made with an entry on the official zoning map, briefly describing the changes and the date of the changes. (Code 2003, § 30-112; Ord. No. 02-21, § 1(19.17), 6-20-2002) Sec. 66-103. Replacement. If the official zoning map becomes damaged, destroyed, lost or difficult to interpret, the town council may, by ordinance, adopt a new official zoning map, which shall be the same in every detail as the map it supersedes. The new map shall bear the signatures of the mayor and town clerk, and shall bear the seal of the town under the following words: "This is to certify that this official zoning map supersedes and replaces the official zoning map adopted on (date of adoption of map replaced)," together with the date of the adoption of the new map. (Code 2003, § 30-113; Ord. No. 02-21, § 1(19.18), 6-20-2002) Sec. 66-104. Determination of exact location of zoning district boundary lines. The code enforcement officer shall decide the exact location of zoning district boundary lines when a question arises concerning boundary lines shown on zoning maps, subject to administrative review by the board of adjustment as provided for in section 66-67. (Code 2003, § 30-114; Ord. No. 02-21, § 1(19.154), 6-20-2002) Sec. 66-105. Maintenance of revisions. The code enforcement officer shall be responsible for the maintenance of the revisions of the official zoning map. Upon notification by the town council that a zoning change has been made, the code enforcement officer shall make the necessary changes on the official zoning map within 24 hours following such notification. (Code 2003, § 30-115; Ord. No. 02-21, § 1(19.19), 6-20-2002) Sec. 66-106. Rules for interpretation of zoning district boundaries. Where uncertainty exists with respect to the boundaries of any of the districts as shown on the official zoning map, the following rules shall apply: (1) Boundaries indicatedPROOFS as approximately following the centerline of streets, highways, alleys or railroads shall be construed to follow such centerline; (2) Boundaries indicated as approximately following platted lot lines shall be construed as following such lot lines; (3) Boundaries indicated as following shorelines shall be construed to follow such shorelines, and in the event of a change in the shoreline, such boundaries shall be construed as moving with the actual shoreline. Boundaries indicated as approximately following the centerline of streams, rivers, canals, lakes or other bodies of water shall be construed to follow such centerline; Page 360 of 424
(4) Boundaries indicated as parallel to, or extensions of, features indicated in subsections (1)—(3) of this section shall be so construed. Distances not specifically indicated on the official zoning map shall be determined by the scale of the map; (5) Where physical or cultural features existing on the ground are at variance with those shown on the official zoning map, or in circumstances not covered by subsections (1)—(4) of this section, the town council shall interpret the district boundaries; (6) Where a district boundary line divides a lot which was in single ownership at the time of passage of the ordinance from which this chapter is derived, the town may permit the extension of the regulations for either portion of the lot. In addition, the remaining parcel shall not be less than the minimum required for the district in which it is located. (Code 2003, § 30-116; Ord. No. 02-21, § 1(19.20), 6-20-2002) Secs. 66-107--66-125. Reserved.
ARTICLE V. ZONING DISTRICTS DIVISION 1. GENERALLY Sec. 66-126. Established. (a) For the purpose of this chapter, all of the areas within the boundaries of the corporate limits of the town are included. (b) In order to regulate the height and size of buildings; to regulate the intensity of land use; to regulate the location of the land uses; to provide for the improved environment; and to promote the health, safety and general welfare of its citizens, the town is hereby divided into the following zoning districts:
R-20 Residential District, Low Density
R-15 Residential District, Medium Density
RMH Residential Manufactured Home District
C-1 Commercial Business District, General Commercial
C-2 Commercial Business District, Regional Business
C-3 Commercial Trucking District
O&I Office and Institutional District
M-F Multifamily District PUD PROOFS Planned Unit Development District R-6 Residential District, Medium Density With Performance
CD Conservation District
(Code 2003, § 30-151; Ord. No. 02-21, § 1(19.41), 6-20-2002; Ord. No. 03-30, § 1, 12-18-2003) Page 361 of 424
Sec. 66-127. Zoning affects use of land and structures. (a) The regulations established in this article for each district shall be the minimum regulations, unless specified otherwise, and shall apply uniformly to each class or kind of land or structure, except as provided in this article. (b) No land or structure shall be used or occupied, and no structure or parts shall be constructed, erected, altered or moved, unless in conformity with all of the regulations in this article specified for the district within which it is located. (c) The minimum yards and other open spaces, including the intensity of use provisions contained in this chapter, for every building erected or structurally altered, shall not be encroached upon or considered as yard and open space requirements or intensity of use requirements for any other building, unless specifically permitted. (d) Rights-of-way, public or private, for streets and roads shall not be considered a part of a lot or open space, or front, side or rear yard for the purpose of meeting yard requirements. (e) Every building erected or structurally altered shall be located on a lot meeting the requirements of the district in which it is located. (1) In residential districts, except for condominium or townhouse developments, there shall be no more than one principal building and the customary accessory structures/uses on the lot, except as provided for in this chapter. (2) In any nonresidential district, multiple buildings or structures, with the exception of billboards, are permitted on a single lot. All yard dimensional requirements shall apply to the property lines of the entire developments. No individual buildings shall be required to meet the yard dimensions. However, all site plans for such buildings or structures shall be subject to the same standards and procedures as a major or multi-unit development as set forth in section 66-255, development plan and design requirements. (f) A use or building not expressly permitted by right shall not be allowed in a zoning district unless such use is permitted in accordance with the table of permitted uses in section 66-162, including note 4. (Code 2003, § 30-152; Ord. No. 02-21, § 1(19.41), 6-20-2002; Ord. No. 04-37, § 1, 11-18-2005) Sec. 66-128. Introduction. (a) This article contains the specific use and area regulations for each zoning district found in the town. The descriptions have been divided into the following explanations: (1) Purpose. The intended application for each district which guides its placement relative to either existing or proposed development and establishes the maximum allowable density. (2) Table of uses. The listing of specific land uses permitted by right in each district. If a use is not listed, then it is not permitted. (3) Area and height table. The provisions for each district concerning lot sizes, setback or yards, height and buffering requirements. (b) The use of separate sections to describe the various provisions for each district does not relieve any person from complying with all the requirements for the same district. (Code 2003, § 30-153; Ord. No. 02-21, § 1(19.43), 6-20-2002) Sec. 66-129. R-20 Low PROOFSDensity Residential District. (a) The R-20 Low Density Residential District is established for low density residential development and other compatible uses. Recognition of the existing residential development pattern located within the town and on its fringes creates a need for this district to preserve the character of these established neighborhoods and protect their associated property values. Land uses considered harmful to the health, safety and welfare of district residents shall be prohibited from infringing upon the livability of residential areas within such district. (b) The minimum lot size is 20,000 square feet. (c) Activities of a commercial nature, except certain home occupations controlled by specific limitations, Page 362 of 424
are prohibited from this district. (d) Mobile homes and manufactured homes are not permitted. (Code 2003, § 30-154; Ord. No. 02-21, § 1(19.44), 6-20-2002) Sec. 66-130. R-15 Medium Density Residential District. (a) The R-15 Medium Density Residential District is established for medium density residential development and other compatible uses. It may act as a transition between higher density urban development and lower density residential development. Land uses considered harmful to the health, safety and welfare of district residents shall be prohibited from infringing upon the livability of residential areas within such district. (b) The minimum lot size is 15,000 square feet. (Code 2003, § 30-155; Ord. No. 02-21, § 1(19.45), 6-20-2002) Sec. 66-131. RMH Residential Manufactured Home District. (a) The RMH Residential Manufactured Home District is established to accommodate individual Class A manufactured homes, Class B manufactured homes and Class C manufactured homes. It affords residents of the town an alternate housing type and thereby promotes the health, safety and general welfare of the community. (b) The minimum lot size for manufactured homes is 15,000 square feet. (Code 2003, § 30-156; Ord. No. 02-21, § 1(19.46), 6-20-2002) Sec. 66-132. C-1 General Commercial Business District. (a) The C-1 General Commercial Business District is designed to serve both nonresidents and residents using the major roads that run through the areas zoned. This district is designed to accommodate retail or service establishments customarily patronized by transient traffic as well as nontransient traffic. The district shall provide for commercial sites smaller than those needed for regional shopping facilities, and for the clustering of smaller businesses as well as provide for the intermediate commercial needs of the community. (b) The minimum lot size is 6,000 square feet. (Code 2003, § 30-157; Ord. No. 02-21, § 1(19.47), 6-20-2002) Sec. 66-133. C-2 Regional Business Commercial Business District. (a) The C-2 Regional Business Commercial Business District is established to accommodate larger commercial facilities offering goods and services meeting the needs of the residents of the town, county and region, such as malls or shopping centers. It is designed to be located at the intersections of major thoroughfares and occur in clustered patterns. This district is intended to encourage one-stop shopping at convenient and safely accessible locations. (b) The minimum lot size is 15,000 square feet. (Code 2003, § 30-158; Ord. No. 02-21, § 1(19.48), 6-20-2002) Sec. 66-134. C-3 Commercial Trucking District. (a) The C-3 Commercial Trucking District is established to provide areas for warehousing, storage and limited industrial uses. Limited industries, for purposes of this chapter, are generally characterized as light industries, with small physical plants, low land requirements and high worker-to-land ratios. This shall not include heavy manufacturing activitiesPROOFS which typically produce excessive noise, odor, smoke, dust, airborne debris and other objectionable elements. This district may also accommodate a mixture of light manufacturing wholesale, commercial service and repair, and distributive business type uses. (b) The minimum development density is 43,560 square feet. (Code 2003, § 30-159; Ord. No. 02-21, § 1(19.49), 6-20-2002) Sec. 66-135. O&I Office and Institutional District. (a) The O&I Office and Institutional District is established to provide sufficient land area for the business, Page 363 of 424
office, governmental and institutional needs of the community. It can also function as a transitional land use between intensive commercial and industrial uses, and residential developments. This district is also designed to reduce the intensity of development along thoroughfares between commercial clusters. (b) The minimum lot size is 10,000 square feet. (Code 2003, § 30-160; Ord. No. 02-21, § 1(19.50), 6-20-2002) Sec. 66-136. M-F Multifamily District. (a) The M-F Multifamily District is established for moderate to high density multiple-family development of varying types and designs. This could include apartments, townhouses, condominiums or single-family homes. Such district functions as a transitional land use between intensive nonresidential uses or higher density residential areas and lower density residential areas. This district is designed to respond to the varying housing needs of the community, while affording a reasonable range of choice, type and location of housing units within the town; however, single-family homes may only be constructed on lots of at least 5,000 square feet in size and a width of not less than 50 feet (40 feet on a cul-de-sac). (b) The minimum lot size for uses other than single-family homes shall be 10,000 square feet. (c) The maximum development density shall be 16.0 units per acre. (d) The calculation of density shall be made using the total acreage of the multifamily property, to include wetlands, stormwater features, and other areas not suitable for development, so as to offer maximum density per acreage. (Code 2003, § 30-161; Ord. No. 02-21, § 1(19.51), 6-20-2002; Ord. No. 03-05, § 1, 1-30-2003; Ord. No. 16-02 , §§ 1, 2, 1-21- 2016) Sec. 66-137. PUD Planned Unit Development District. The PUD Planned Unit Development District is established for the purpose of permitting greater flexibility than would normally be allowed in a particular residential district in the area, yard, space, height and density requirements for construction and development of residential areas, and to promote and encourage more creative and imaginative site planning and design than would be possible if such construction and development were in strict compliance with the requirements for the particular district. It is further the purpose of this district to promote more economical and efficient use of land while providing a harmonious variety of housing choices, a higher level of urban amenities and preservation of the natural scenic qualities of open space. (Code 2003, § 30-162; Ord. No. 02-21, § 1(19.52), 6-20-2002) Sec. 66-138. R-6 Medium Density with Performance Standards Residential District. (a) The R-6 Medium Density with Performance Standards District is established for medium density single- family dwellings with additional performance development standards and other related uses. In promoting the general purpose of this chapter, the specific intent of this district is to encourage the construction, and continued use, of land for single-family dwellings while at the same time prohibiting commercial and industrial use of the land and any other use which would substantially interfere with the development of single-family dwellings. (b) The minimum lot size shall be 6,000 square feet where the lot is served by both municipal water and sewer, and 15,000 square feet where the lot is not served by both municipal water and sewer. (Code 2003, § 30-163; Ord.PROOFS No. 02-21, § 1(19.53), 6-20-2002) Sec. 66-139. CD Conservation District. The CD Conservation District is established to give the highest priority to the protection and management of estuarine waters and coastal wetlands so as to safeguard and perpetuate their biological, social, aesthetic, and economic values. Suitable land and water uses shall be those consistent with the above objective. Highest priority of use shall be allocated to the conservation of estuarine waters and coastal wetlands to ensure the continued scenic and conservation value that these lands and waters provide to the town, its residents, visitors and the surrounding area. The property shall be maintained in its natural, scenic, wooded and open condition and restricted from any development or use that would impair or interfere with the conservation purposes of this conservation district. Page 364 of 424
(Code 2003, § 30-164; Ord. No. 03-30, § 2, 12-18-2003) Secs. 66-140--66-161. Reserved. DIVISION 2. DISTRICT REGULATIONS Sec. 66-162. Permitted uses. Uses permitted in particular zoning districts are indicated in the following table by the letter "P". Such uses are subject to all of the provisions of the Code, to include those notes found at the end of this table of permitted uses.
USES R-20 R- RMH C- C- C-3 O&I M-F PUD R-6 CD 15 1 2
AGRICULTURAL
Animal hospital/veterinary P P P P clinic
Fruit or vegetable stand on P P P the same parcel as produced
Kennels (commercial) (ref. P P P note 10)
Kennels (private) P P P P P P P P P P
Retail/wholesale P P nurseries/greenhouses
CONTRACTORS/CONSTRUCTION
Contractor's plant/storage yard
General building contractor P* P* P
Landscaping contractor P* P* P* P
Electrical/plumbing P* P* Contractor PROOFSP* P* P Utility contractor P* P*
Office for contractor, general, P* P* P* P* P* or trades (ref. note 14)
Other contractors not listed P* P* Page 365 of 424
MANUFACTURING
Assembly of prepared parts P into finished products
Boat building P
Cabinetmaking and P P P woodworking shops
Clothing manufacturing P P
Electronic machines, P P equipment and supplies assembly
Fabrication shops (wood, P P P metal, upholstery, etc.)
Handcrafting of small articles P P
Leather and leather products P
Machinery, except electrical P
Plastic manufacturing P
Printing and publishing P P P
Seafood processing, handling, P P storage and sales facilities
Signs, P manufacturing/assembly
Transportation equipment P
GENERAL RETAIL ABC store PROOFSP P P Adult establishments (ref. P note 6)
Appliances (retail and P P P maintenance)
Auction sales P P Page 366 of 424
Automobile/boat washing P P establishments
Automobile dealers and truck P P sales
Barbershops/beauty shops P P P P
Boat sales, service and repair P P
Building materials/garden P P P supplies
Convenience store P P P
Dry cleaning/laundry P P P establishment (ref. note 2)
Farm implement sales and P P service
Farmers' market P P
General merchandise store P P P
Hotel (motel) P P P
Industrial sales/repair of P P P equipment
Marine equipment store P P
Massage parlor P
Miscellaneous retail P P
Mobile home/modular home P dealer Model unit marketingPROOFS center P P P P P P P P P Motorcycle sales and repair P P
Motor vehicle repair garage P P P
Motor vehicle service station P P P
Restaurant P P P P Page 367 of 424
Seafood market P P
Retail store not elsewhere P P classified (ref. note 4)
Small office/commercial P P P P center
Shopping center P P P
Tanning salon P P P
TRANSPORTATION, WHOLESALE
Ambulance service P P P P P
Boat storage yard P P
Bulk storage of flammable P fluids and gases (ref. note 1)
Bus and taxi terminal P P
Freight transportation P warehousing
Overnight vehicle storage P
Self-service storage facility P P
Towing service, automotive P P or truck
Trailer (utility/hauling) sales P P and rental
Truck terminal activities P
Vehicle for hire (ref. note 15) P P Warehousing, generalPROOFS P Wholesaling, general P
Wholesale storage and bulk P terminal
INSTITUTIONAL, RECREATIONAL, SERVICE Page 368 of 424
Adult day care facility (ref. P P P P P P P note 5)
Adult establishment (See general retail uses)
Amusement and recreational P P service not elsewhere classified (ref. note 4)
Assembly hall P P P
Assisted living facility (ref. P P note 23)
Bank and financial institution P P P P
Bar P P
Baseball driving range P
Billiard/pool hall P P
Boat launching ramp, dock or P P P P pier, private
Bowling alley P P P
Business service not P P P P elsewhere classified (ref. note 4)
Cemetery (ref. note 7) P
Religious institution (ref. note P P P P P P P P P 5)
Club or lodge P P P
Civic center/community P P P P center PROOFS College and related facilities P P P
Convalescent home P
Country club and related uses P P P P P Page 369 of 424
Child day care center (ref. P P P P P P P P P note 8)
Child day care home P P P P P P P P P
Doctor, dentist, optician P P P P
Exterminating service P P
Family care home (ref. note P P P P P P P P P P 17)
Fraternal and social P P P organization (ref. note 9)
Fraternal and sorority house P P
Funeral home, mortuary P P P
Golf course/driving range P P P
Golf course, miniature P P
Government office P P P P P
Group home (ref. note 17) P P
Health spa P P P P
Laboratory, medical, dental, P P P optical
Laboratory, research P
Library, museum, art gallery P P P P
Nursing and personal care P P facility (ref. note 11)
Office not elsewhere P P P P classified (ref. note 4)PROOFS Package sewer treatment P plant (ref. note 17)
For profit recreational facility P P Page 370 of 424
Public park, playground, P playfield and community center
Public or private school (ref. P P P note 12)
Public utility office P P P P
Public utility-water P
Public utility workshop and P storage
Public utility substation (ref. P P P P P P P P P P note 13)
Repair shop not elsewhere P classified (ref. note 4)
Skating rink P P
Social service not elsewhere P classified (ref. note 4)
Swimming pool, private (ref. P P P P P P P P P P section 66-229)
Swimming pool, P P P P P public/commercial (ref. section 66-229)
Tattoo parlor/body piercing P
Tennis court P P P P P P
Theater, indoor P P
RESIDENTIAL Apartment PROOFSP P Assisted living residence (ref. P P note 23)
Bed and breakfast P
Boardinghouse P P P Page 371 of 424
Business residence P P P P
Dwelling, single-family P P P P P P P P P P
Accessory apartment P P P P P P P P P P
Garage apartment (ref. section P P P P P P P P P P 66-229)
Group housing, multifamily P P (more than four units)
Home occupation (ref. note 3) P P P P P P P P P P
Condominium P P P
Duplex and triplex P P P P
Manufactured home, Class A P P P P P P P (ref. section 66-311)
Manufactured home, Class B P P P P P P P (ref. section 66-311)
Manufactured home, Class C P P P P P P (ref. section 66-311)
Marina residential P
Quadruplex P P
Townhouse P
MISCELLANEOUS
Townhouse P P
Accessory use and building P P P P P P P P P P (ref. note 1 and section 66- 229) PROOFS Billboard (ref. chapter 42 of P* P* this Code)
Yard sale (ref. section 66- P P P P P P P P P P 314)
COMMUNICATIONS FACILITIES Page 372 of 424
Monopole television tower P (ref. note 24)
Newspaper office and P P P incidental printing
TV, radio broadcasting studio P P P P (ref. note 24)
TV, radio transmitting tower P
*Offices are permitted in O&I and C-1, provided there is no outside storage of materials. Note 1. Storage of flammables. The storage of flammables shall not be permitted or considered a use-by-right, except in a C-3 district and when such authorization for such use is given by the county fire marshal relative to compliance of proposed storage facilities with state and county fire regulations. Note 2. Dry cleaning or laundering. Dry cleaning and laundering establishments shall be permitted when only oil, gas or electricity is the source of heat for the laundry process. Screening and filtering devices shall be used to prevent the emission of smoke, lint, dust, fumes, odors or steam into the atmosphere. Note 3. Home occupation. Home occupations are permitted only as an incidental use and are limited to the following: (1) Permitted uses. a. The office of a physician or studio of an artist; b. General or trade contractor, musician, insurance agent, lawyer, real estate broker, teacher or other like professional person residing on the premises; c. Workshop or seminar not conducted for profit; d. Customary home occupation, such as millinery, dressmaking, laundering or pressing and tailoring; e. Rooming and/or boarding of not more than two persons, for which rent is charged; f. Single operator of a beauty shop and/or barbershop; g. Commercial photographic studio; and h. Vehicle for hire, provided there is only one vehicle with seating capacity not to exceed 15 passengers used for such purpose (Ref. note 15). (2) Other restrictions. a. No equipment or process shall be used in such home occupation which creates noise, vibration, glare, fumes or electrical interference detectable to the normal senses off the lot, if the occupation is conducted in a single-family housing unit, or outside the housing unit, if conducted in other than a single-family housing unit. In the case of electrical interference, no equipment or process shall be used whichPROOFS creates visual or audible interference in any radio or television receiver off the premises or causes fluctuations in line voltage off the premises; b. No display of products shall be visible from the street; c. No mechanical equipment shall be installed outside of any building for inside use or used in any manner other than is normally used for domestic or professional purposes, and which does not cause noise or interference in radio and television reception; d. A physician, dentist or other medical professional licensed by the state shall be allowed to have one nurse or assistant who may or may not be a resident of the dwelling, but not both; Page 373 of 424
e. Only one person, other than members of the family residing on the premises, shall be engaged in such occupation; f. There shall be no change in the outside appearance of the building or premises, or other visible evidence of the conduct of such home occupation; g. No traffic shall be generated by such home occupation in greater volumes than would normally be expected in a residential neighborhood, and any need for parking generated by the conduct of such home occupation shall be met off the street and other than in any required yard. Vehicles used primarily as passenger vehicles, including pickup trucks and step-type vans, only shall be permitted in connection with the conduct of the customary home occupation; h. Instruction in music, dancing or tutoring of academic subjects shall be limited to four students at a time; i. A privilege license must be obtained from town hall; and j. No accessory building or outside storage shall be used in connection with the home occupation. Note 4. Uses classified as "not elsewhere classified." Various uses listed in the table of uses with the designation "not elsewhere classified" shall be allowed in the permitted districts utilizing the list of uses designated in the current edition of the SIC Manual. Note 5. Adult day care facility. (1) A paved or otherwise improved driveway, with ingress and egress directly onto a public street, is constructed in such a manner as to provide entrance to, and exit from, the property without backing onto the street right-of-way; (2) No outside sign in excess of two square feet in area in residential districts, and four square feet in area in O&I districts shall be permitted; and (3) The construction and operation of such facilities shall comply with the provisions of the general statutes of the state and any other applicable federal, state or local codes. Note 6. Adult establishment. An adult bookstore, adult motion picture theater, adult cabaret or massage business shall be subject to the following restrictions: (1) No adult establishment shall be located within 1,000 feet of another adult establishment. (2) No adult establishment shall be located 500 feet or more from the boundary line of any district zoned RMH, M-F, C-1, C-2, O&I, R-20, R-15, PUD and R-6 under the provisions of this chapter. (3) An adult establishment shall be located 1,500 feet or more from the lot line of any school, church or public park. (4) All distances provided in this note shall be measured as follows: a. With respect to the distance between a location for which an adult establishment is proposed and the location where an adult establishment exists, the distance shall be measured by following a straight line from the nearest point of the lot line on which a proposed adult establishment is to be located to the nearest point of the lot lines of the lot on which the existing adult establishment is located. b. With respectPROOFS to the distance from the boundary line of a zoning district as set forth in subsection (2) of this note, the distance shall be measured by following a straight line from the nearest point of the lot line on which a proposed adult establishment is to be located to the nearest point of the lot lines of the lot on which the existing adult establishment is located. c. With respect to the distance from the lot line of any school, church or public park, the distance shall be measured by following a straight line from the nearest point of the lot line of the lot on which the adult establishment is to be located to the nearest point on the lot line of such school, church or public park. Page 374 of 424
Note 7. Cemetery. A cemetery shall meet the minimum requirements of the state burial commission and any other applicable federal, state or local codes. Note 8. Child day care center. (1) A paved or otherwise improved driveway, with ingress and egress directly onto a public street, constructed in such a manner as to provide entrance to, and exit from, the property without backing onto the street right-of-way; (2) The entire play area is enclosed with a fence having a minimum height of four feet and constructed in such a manner that maximum safety is ensured; (3) No outside sign in excess of two square feet in area in commercial districts, and one square foot in area in residential districts shall be permitted; and (4) The construction and operation of such facilities shall comply with the provisions of the general statutes of the state and any other applicable federal, state or local codes. Note 9. Fraternal and social organizations. (1) The lot size shall be no less than 20,000 square feet for new construction and no less than 15,000 square feet for the conversion of existing buildings; and (2) The usable floor space shall not be less than 250 square feet per member. Note 10. Kennels, commercial. (1) The minimum lot size for commercial kennels located on property zoned C-1 shall be one acre, the minimum lot size for commercial kennels located on property zoned C-2 shall be 9/10 acre, the minimum lot size for commercial kennels located on property zoned C-3 shall be 4/5 acre; and (2) All pens and kennels shall be completely enclosed within the primary structure by solid walls and a roof; and (3) No outdoor exercise, training or play area shall be located any closer than 150 feet from any principal commercial or residential structure, except on property zoned C-2 or C-3, in which case the minimum separation shall be 100 feet from any principal structure; and (4) No outdoor exercise, training or play area shall be located any closer than 100 feet from any residential property line or property line of a lot on which a residential dwelling is located, except on property zoned C-2 or C-3, in which case the minimum separation shall be 50 feet from any residential property line; or property line of a lot on which a residential dwelling is located; and (5) A fence constructed of opaque material, at least six feet in height as well as a level 2 vegetative buffer as defined in article VII of this chapter must separate the lot on which the kennel is to be located and any abutting residentially zoned lot; and (6) Outdoor exercise areas or facilities shall only be permitted between the hours of 8:00 a.m. and 5:00 p.m.; (7) Animal waste shall not be stored within 100 feet or any property line; (8) All animal waste must be disposed of by use of a department of environment and natural resources approved wastewater system; and (9) A sign clearly visible and located at the entrance of the building/facility shall be posted containing the names, addresses,PROOFS and telephone numbers where the persons responsible for the facility may be contacted at any hour of the day or night. The sign shall comply with regulations established for business identification signs in section 42-10(2) 30-390(2) of this Code. Note 11. Nursing and personal care facilities. (1) The lot size shall not be less than two acres; and (2) The structure shall have minimum side and rear yards of 50 feet and a front yard of at least 25 feet greater than that required for single-family residences within the district in which the structure is located. Page 375 of 424
Note 12. Schools, public or private. (1) All structures shall have a minimum side and rear yard of 50 feet. (2) An off-street drop-off/pickup area shall be designed on-site to minimize traffic delays on the public street. Note 13. Public utility substation. Utility stations and plants outside public rights-of-way, such as sewage lift stations, pump stations, etc., which do not create excessive noise, odor, smoke or dust, and which do not possess other objectionable characteristics which might be detrimental to surrounding neighbors or other uses permitted in any district, and are not subject to minimum lot size and setbacks. The use is to be screened with security fencing or another structure, and a landscape buffer. Note 14. Offices for contractor, general, or trades. Offices for contractor, general, or trades are permitted in the C- 1, C-2, O&I and PUD zoning districts provided there is no outside storage of materials or equipment. The open storage of materials is permitted within the C-3 district so long as all such storage is completely screened with an opaque fence and not visible from any right-of-way or adjacent property. The open storage of scrap material, trash, construction debris, or other material that would be considered a nuisance shall not be permitted with such use. Offices for contractor, general, or trades may accompany contractor's plant/storage yard in the C-3 district. Note 15. Vehicle for hire. (1) No person shall transport or offer to transport a passenger for a fare in any vehicle for hire on the streets of the town until he has obtained a zoning compliance permit (ZCP) from the town to do so in accordance with the provisions of this chapter. (2) The application for such a ZCP shall be in writing and shall be filed with the code enforcement administrator. A separate application shall be filed for every vehicle for hire and a ZCP obtained for each such vehicle. The application shall include such information deemed reasonably necessary by the code enforcement administrator to determine whether the license shall be issued in accordance with the criteria set forth in this section. All such information shall be accurate, to the best of the applicant's knowledge. The information shall include, but shall not be limited to the following: a. The name of the person having a beneficial interest in the business operating the vehicle for hire; b. Copies of certificates or other evidence of title for the vehicles to be operated or copies of leases for any leased vehicles; c. Copies of articles of incorporation, partnership agreements, assumed name certificates or other documents indicating the legal status of the applicant; d. Certificates of insurance complying with the requirements herein stated; and e. Copy of driver current driver's license or commercial driver's license (where required) issued by the state. f.No person shall drive any vehicle for hire until such person shall have been granted a ZCP by the code enforcement administrator to do so. Each application for a ZCP shall contain the name, age and address of the applicant, as well as a statement of whether the applicant has been convicted of a felony, a violation of any state statute relating to the use, possession or sale of intoxicating liquors, any federal or state statute relating to prostitution or any federal or state statute relating to the use, possession or sale of narcotic drugs, whether such applicant is a citizen of the United States, whether such applicant is an habitual user PROOFSof intoxicating liquors or narcotic drugs and whether the applicant has been an habitual violator of traffic laws and ordinances. The ZCP application shall be accompanied by the fee as required by the fee schedule. (3) The code enforcement administrator shall determine whether or not the ZCP shall be issued in accordance with this article for the privilege of operating one or more vehicles for hire. No ZCP shall be issued unless the applicant has complied with the provisions of this article. (4) A ZCP shall be issued only in the name of the person having a beneficial interest in the business operating the vehicle for hire. Page 376 of 424
(5) The ZCP issued for the operation of any vehicle for hire may be transferred and used until the date of expiration only if the transferee meets the requirements of this article for the issuance of a license and upon prior approval of the code enforcement administrator. Any change in the persons having a beneficial interest in the business shall be deemed a transfer of the license. (6) Upon the issuance of a ZCP, the applicant shall pay a privilege license to the town for each vehicle for hire as set forth in the fee schedule. (7) Liability insurance. a. No person shall operate or cause to be operated any vehicle for hire over and upon the streets of the town without first taking out and keeping in force and effect at all times a policy or policies of liability insurance for claims arising from bodily injury and/or property damage, including accidental death which may arise directly or indirectly from the operation of such vehicle. The insurance shall be in the following minimum amounts: For all vehicles for hire, the amount of such insurance shall be $500,000.00 combined single limits for bodily injury and/or property damage unless otherwise limited by law or regulation. b. Any person who has otherwise qualified for operating vehicles for hire in the town as provided in this article shall file with the code enforcement administrator a certificate of insurance attested by the insurance carrier or his agent, stating and itemizing the insurance coverage's carried by such operator. The insurance carrier or its agents shall also certify on these documents that it will notify the code enforcement administrator by registered or certified mail at least 20 days prior to any cancellation or nonrenewal of these coverage's. c. Any such insurance shall contain a provision for continuing liability hereunder to the full amount thereof, notwithstanding any recovery thereon. d. If the vehicle for hire is to be operated by a lessee, such insurance shall be posted by the owner or the lessee or by both. (8) Maximum number of zoning compliance permits. The vehicles for hire required to meet the requirements for the convenience and necessity of the public are as follows: a. Three buses, trolleys or jitneys; b. Two horse-drawn vehicles for hire; c. Three limousines; d. Four pedicels or rickshaws; and e. Three shuttle service. No license to operate vehicles for hire in the town shall be issued until the total number of ZCP outstanding for the operation of such category of vehicles for hire has been reduced below the maximum set forth hereinabove. (9) Display of certain information inside vehicles for hire. The driver of any vehicle for hire, as well as the owner thereof, shall be responsible for ensuring that the following items are displayed within the vehicle so as to be visible to passengers: a. A copy of the driver's current driver's license issued by the state or commercial driver's license as requiredPROOFS by the state department of motor vehicles. b. A six-inch by four-inch color photograph of the driver. c. A schedule of fares. The driver of a vehicle for hire shall, upon the request of any passenger, give to such passenger the correct name and address of such driver and such other information as will identify the vehicle, driver and owner thereof. (10) Display of signage on side of vehicle for hire. Signage for the purpose of advertising the vehicle for hire shall be limited to one magnetic sign per side of the vehicle for hire (not to exceed two total) and shall Page 377 of 424
not exceed 2 1/2 square feet in size per sign. When the vehicle for hire is not in route for business purposes, the sign shall be removed from the vehicle for hire. (11) Vehicles for hire parked in residential yards. There shall not exceed one vehicle for hire parked in residential yards. The vehicle for hire parked in residential yards shall not exceed 15 passengers each. Under no circumstances shall a vehicle for hire signage be attached to the vehicle while parked in residential yards. (12) Refusal to issue or revocation of zoning compliance permits. a. The code enforcement administrator shall refuse to issue a vehicle for hire ZCP or shall revoke a ZCP for any of the following reasons: 1. If an applicant for a ZCP has failed to comply with the provisions of this article. 2. If an applicant for a ZCP has been convicted of any of the violations of federal or state statutes listed below within five years of the date of the application. (i) Any felony (provided that a license or permit shall not be issued to any convicted felon who has not had his citizenship rights restored as provided by state law, regardless of when the conviction occurred); (ii) Manslaughter by automobile; (iii) Reckless driving; (iv) Operation of an automobile under the influence of an intoxicant; (v) A violation of any law relating to prostitution or assignment; (vi) A violation of any law relating to possession, sale, or transportation of intoxicating liquors or controlled substances; or (vii) Violations of traffic laws or regulations resulting in an accumulation, under G.S. 20-16, within a three-year period, of 12 or more points or eight or more points within the three year period following the reinstatement of a state driver's license that has been suspended or revoked or any comparable provisions of the law in another state; or has been convicted of any other violation resulting in the suspension or revocation of the state driver's license. b. Upon the refusal to issue a ZCP and before the code enforcement administrator may revoke a ZCP, he shall give the licensee or permittee or applicant therefore written notice of the grounds for refusal or revocation. The applicant, licensee or permittee may, within ten days after the date on which notice is served, request in writing a conference with the town manager to discuss the refusal or revocation. The request shall specify the reasons why the ZCP shall be issued or should not be revoked. The code enforcement administrator shall arrange the conference within a reasonable time. The town manager shall review the actions of the code enforcement administrator and may uphold or overrule the action of the code enforcement administrator or take other action as permitted by this Code. The decision of the town manager shall be final. c. If the applicant, licensee or permittee fails to request a conference within ten days after the day on which notice is served, the code enforcement administrator shall revoke the ZCP or the refusal shall stand. IfPROOFS a licensee or permittee requests a conference, the code enforcement administrator may not revoke the license or permit until after the conference. d. If the code enforcement administrator refuses to issue a ZCP or revokes a ZCP, the applicant or former licensee or permittee may apply for a new ZCP at any time thereafter. If the reason for which the ZCP was refused or revoked no longer exists, and if no other reason exists for refusing to issue a ZCP, the code enforcement administrator shall issue the ZCP pursuant to this article. Note 16. Tattoo parlor/body piercing. A tattoo parlor and body piercing business shall be subject to the following restrictions: Page 378 of 424
(1) No body piercing establishment shall operate outside of a tattoo parlor establishment. (2) No tattoo parlor/body piercing establishment shall operate within 2,000 feet of the lot line of another tattoo parlor/body piercing establishment. (3) Distances. With respect to the distance between a location for which a tattoo parlor/body piercing establishment is proposed and the location where a tattoo parlor/body piercing establishment exists, distances shall be measured by following a straight line from the nearest point of the lot line on which a proposed tattoo parlor/body piercing establishment is to be located to the nearest point of the lot lines of the lot on which the existing tattoo/body piercing establishment is located. Note 17. Family care homes and group homes. Any family care home or group home shall meet the following prescribed conditions: (1) Off-street parking must be provided in accordance with section 66-275. a. The minimum parking for group homes shall be the same as boardinghouses. b. Family care homes shall be considered as residential dwellings. (2) For new construction, the facade of the structure shall be designed to be architecturally compatible with the streetscape for the district in which it is located. Any proposed change to the facade of an existing structure shall be architecturally compatible with the surrounding neighborhood as determined by the zoning official. (3) No family care home or group home shall be operated or occupied without a zoning compliance permit and certificate of occupancy. (4) A proposed family care home or group home shall be located no closer than a one-half mile radius from any existing permitted family care home or group home within any zoning district whether contiguous or not. (5) With respect to the distance between the proposed use and the existing, permitted uses described in subsection (4) of this note, the distance shall be measured by following a straight line from the nearest point of the lot line of the proposed use to the nearest point of the lot line of the lot on which the existing facility is located. (6) The board of adjustment may grant a variance from the separation requirement if shown to be a reasonable accommodation under the Fair Housing Act. Note 18. Package sewer treatment plants. See subsection 66-313(c)(9). Note 19. Major public utilities; water. (1) Where any major utility-water abuts a residential use a level 2 buffer shall be required. (2) Any major utility-water shall be completely enclosed and secured by a fence of at least six feet in height. (3) Suitable off-street parking for maintenance, service, or other vehicles shall be provided. Note 20. Motor vehicle sales; generally. The sale of motor vehicles by individual owners in shopping centers, combined developments (as defined in section 42-1 30-381) or on commercially zoned lots for which a final zoning certificate for an automobile dealer or truck sales has not been issued shall comply with the following: (1) Number. The sale of more than one motor vehicle, boat, boat trailer, personal watercraft or travel trailer shall not be permittedPROOFS per lot at a time. On commercially zoned lots larger than one acre the sale of more than two motor vehicles, boats, boat trailers, personal watercraft or travel trailers shall not be permitted. (2) Property owner permission. Any motor vehicle, boat, boat trailer, personal watercraft or travel trailer placed on a commercially zoned lot must visibly display a property owner permission form that can be obtained from development services. Note 21. Electronic gaming operations. Electronic gaming operations shall be permitted in accordance with the use tables in this section and subject to the following: Page 379 of 424
(1) Prior to the operation of an electronic gaming operation, a zoning compliance permit and a privilege license for an electronic gaming operation must be issued. (2) Electronic gaming operations shall be regulated as to location in the following manner in addition to any other requirements of this Code: Electronic gaming operations shall be located a minimum of 1,500 feet measured in any direction, from: a. A place of worship or other religious institution; b. A day care center, public or private school; c. A public park, playground, public library, or cemetery; d. A skating rink, video arcade, or motion picture theater which shows G- or PG-rated movies to the general public on a regular basis; or e. Electronic gaming operations, tattoo or body piercing establishments or adult and sexually oriented businesses. (3) Applicants shall submit a current straight line drawing prepared within 30 days prior to the application by a registered surveyor, depicting the property lines and the structures containing any of the above uses and the straight line measurements to each. Straight line distance shall be measured from the property line of the existing or established use to the building of the proposed electronic gaming operation. A use in subsection (2) of this note shall be considered to be existing or established if it is in place or actively under construction at the time the application is submitted. Residential zoning districts shall be based upon the most current official zoning map. (4) Hours of operation shall be limited to 8:00 a.m. through 12:00 midnight, seven days per week. No playing on any computer subject to this chapter shall be allowed from 12:00 midnight to 8:00 a.m. (5) No minor (17 years of age or younger) shall be allowed to operate a gaming machine subject to this chapter. (6) All electronic gaming operations shall comply with requirements of G.S. ch. 14, art. 37. (7) The maximum number of gaming machines for any electronic gaming operation business is 15. (8) Electronic gaming operations must be visible and open to the store front of the building or structure. Shading or tinting of store front windows shall not exceed 35 percent. (9) Failure to obtain a privilege license for an electronic gaming operation or pay the privilege license fees upon initial issuance or renewal of a privilege license for an electronic gaming operation as required by chapter 18 of this Code shall result in a penalty equal to 100 percent of the fee that is due, in addition to the fee itself. (10) Consciously and purposely hiding machines/terminals/computers, using switching devices to change screens in order to hide the true purpose and use of a computer, or any other ploy to hide the intended use of any computer within the establishment shall be considered as perpetrating a fraud upon the town and shall result in the immediate permanent revocation of the establishment's privilege license. (11) There shall be an adult manager, 18 years of age or older, on the premises during the hours of operation. (12) Each applicant for zoning compliance as required by this chapter shall be upon a form approved by the town manager and shall be filed with the code enforcement officer. Each applicant shall certify, under oath, the followingPROOFS information: a. The name, age and residence of all interested parties; b. The address of the premises where the business shall be located; c. The proposed hours of operation of the business; d. The dimensions of land owned or controlled by the applicant as premises for the electronic gaming operation; Page 380 of 424
e. A description of any other business to be operated on the same premises or any adjoining premises owned or controlled by the applicant; and f. A statement of any prior revocations of a license of any interested party to operate an electronic gaming operation or similar business in any jurisdiction. (13) The applicant shall provide the serial number of each and every computer in the establishment. The code enforcement officer will issue a town decal including the serial number, town terminal number, and date of issuance, to be displayed visibly on the computer or gaming terminal at all times. The town terminal number will be assigned by the code enforcement officer at the time the application is submitted to development services. The serial numbers of computers or gaming terminals placed into service after the privilege license is granted (and the additional privilege license fees) shall be provided to the code enforcement officer prior to any use of the machine. a. Computers that are removed from the establishment shall be reported, with the serial number, to the code enforcement officer; any replacement computer shall be reported, with the serial numbers of the original and replacement machines, to the code enforcement officer. New computers or gaming terminals must be issued a town decal prior to operation. b. Alteration or modification of any town issued decal shall be considered a zoning violation and subject to civil penalties per section 66-5. (14) No interested party shall operate an electronic gaming operation unless the party shall have first applied for and received the privilege license provided for by chapter 18. It shall be unlawful to operate an electronic gaming operation within the town without a privilege license and zoning compliance permit as required by this section and chapter 18. (15) Electronic gaming operations that are operating at the time of the adoption of this section shall have applied for the privilege license provided for by chapter 18 by July 1, 2010. Any such establishment denied a license shall cease operations of machines within three days of notice of such denial by the code enforcement officer. (16) A change of any facts stated in an application filed under this chapter shall be reported immediately to the tax collector and code enforcement officer. Failure to report any change of the facts stated in the application shall be subject to civil penalties as outlined in section 66-5. (17) A zoning compliance certificate issued pursuant to this chapter shall become void if the licensee moves or ceases to operate at the location required to be stated in the application for the license. Note 22. Civic operations center. Civic operations centers shall be permitted in accordance with the use tables in this section and subject to all of the following standards: (1) Principal building setbacks are as follows: a. Front setback: ten feet minimum, 18 feet maximum. b. Side setback: ten feet minimum, 18 feet maximum. c. Rear setback: 3 feet minimum. (2) Accessory structures may not exceed 25 percent of the heated square footage of the principal building and may be no taller than 40 feet. (3) The height ofPROOFS the principal building shall not exceed 45 feet. (4) Exterior light fixtures installed on the site shall not directly distribute light on to any adjacent property. (5) Civic operation centers may utilize on-street parking to comply with the number of spaces required by this chapter. All of the following conditions apply to on-street parking if utilized: a. The dimensions of the on-street parking spaces shall be ten feet width by 24 feet length; b. Only the on-street parking available along the property's corresponding frontage shall be utilized to meet the number of spaces required; and Page 381 of 424
c. Any on-street parking spaces must be included on the preliminary site plans and are subject to review of the zoning administrator and the technical review committee. (6) Civic operations centers are not subject to the buffer requirements listed in section 66-254. (7) Standards regarding the site and building design that are not covered in this note 22 shall refer to the additional sections of this chapter for regulations. Note 23. Assisted living facilities. Assisted living facilities shall be subject to the same development regulations as multi-family projects as outlined in this chapter. Note 24. Monopole television tower. (1) Permitted. Monopole television towers (herein "tower" or "towers") shall be located on the same lot as the television broadcasting studio that owns or uses the tower. (2) Height limitations. Towers shall not exceed 150 feet in height. The height shall be measured from the base of the tower to the highest point of the tower and shall include any equipment that is attached to the tower. (3) Site plan. No tower may be constructed or permitted without a set of plans bearing a licensed professional engineer's seal having first been filed with the Town. (4) Setbacks. Any setback from principal structures or adjacent property lines shall equal 60 percent of the height of the tower; provided that this requirement may be waived by written consent of the affected property owner or occupant of any principal structure (if different from the property owner). The required setback may be reduced if a licensed professional engineer certifies that the tower fall- zone will not exceed the setback area should the tower fall. The form of the waiver shall be subject to review by the town attorney and a notice of waiver shall be filed with the register of deeds prior to the issuance of a building permit. (5) Spacing. No tower may be constructed closer than 1,500 feet to any other tower. This distance shall be measured by following a straight line from the centerline of the base of the proposed tower to the centerline of the base of the existing tower; however, if a provider can prove that no other space is available on an existing tower or surrounding structure or that an existing tower structure will not technically satisfy the specific needs of the applicant and provides an affidavit or other evidence to this effect, a variance from the board of adjustment can be requested only for a portion of the 1,500-foot spacing requirement contained in this note. section. (6) Vehicle protection area. Bollards shall be installed to protect against collision. Bollards shall be a minimum of four feet tall above grade level, spaced no more than four feet apart and shall be at least two feet from the base of the tower. (7) Roof-top towers. Such towers shall not be permitted. (8) Collocation. Any tower that exceeds 115 feet shall be constructed to permit the collocation of one additional user. Additional users are not required to be located on the same lot as the tower. (9) Additional user documentation. The applicant or property owner shall provide documentation from a licensed professional engineer that the tower has sufficient structural integrity to accommodate the required additional user as stated above. Additionally, a statement shall be submitted by the tower's owner regardingPROOFS the intent of the owner to allow shared use of the tower. (10) Inability to co-locate on existing towers. Any applicant for construction of a new tower shall provide evidence to the town demonstrating that the applicant cannot co-locate its proposed facilities on any existing tower. (11) Lighting. Prior to the issuance of a building permit, the owner of the tower shall provide documentation from the FAA that the lighting is the minimum lighting required by the FAA or that no lighting is required by the FAA. (12) Signs. No sign shall be permitted on the tower or support structures unless required by the Federal Communication Commission (FCC) or the Federal Aviation Administration (FAA). Page 382 of 424
(13) Reasonable accommodation of amateur radio antennas. Notwithstanding the forgoing rules, regulation of amateur radio antennas and support structures for amateur radio antennas shall be in accordance with G.S. art. 19, 160A-383.3. (Code 2003, § 30-181; Ord. No. 02-21, § 1(19.61, 19.62), 6-20-2002; Ord. No. 02-28, § 1, 10-17-2002; Ord. No. 03-19, §§ 1— 3, 9-25-2003; Ord. No. 03-30, § 3, 12-18-2003; Ord. No. 04-05, §§ 2—4, 1-15-2004; Ord. No. 05-20, §§ 3, 4, 7-21-2005; Ord. No. 05-23, § 1, 8-18-2005; Ord. No. 06-06, § 2, 4-20-2006; Ord. No. 06-15, §§ 1, 2, 5-18-2006; Ord. No. 06-27, §§ 1, 2, 9-21- 2006; Ord. No. 06-27.1, § 2, 9-21-2006; Ord. No. 06-27.2, § 2, 10-19-2006; Ord. No. 07-14, § 1, 6-21-2007; Ord. No. 07-10, § 2, 8-16-2007; Ord. No. 08-03, § 1, 1-17-2008; Ord. No. 08-12, § 1, 5-15-2008; Ord. No. 09-09, §§ 2, 3, 3-19-2009; Ord. No. 09-15, § 1, 6-18-2009; Ord. No. 09-16, § 1, 10-15-2009; Ord. No. 10-10, §§ 1, 2, 4-15-2010; Ord. No. 11-04, § 1, 8-18-2011; Ord. No. 11-07, § 2, 8-19-2011; Ord. No. 11-11, §§ 1—3, 12-15-2011; Ord. No. 14-10, § 1, 3-20-2014; Ord. No. 14-17, § 1, 11-20-2014; Ord. No. 16-01 , §§ 3—7, 1-21-2016; Ord. No. 16-09 , §§ 2—4, 7-14-2016; Ord. No. 16-14 , §§ 2, 3, 10-20-2016; Ord. No. 16-16 , §§ 2, 3, 12-15-2016; Ord. No. O17-003, §§ 2, 3, 2-16-2017) Editor's note— Ord. No. 07-10, adopted August 16, 2007 set out provisions intended for use as "Note 17," however at the discretion of the editor it has been included as "Note 18" for classification purposes. See also the Code Comparative Table. Ord. No. 09-16, § 1, adopted Oct. 15, 2009, set out provisions intended for use as "Note 19," however, at the discretion of the editor it has been included as "Note 20" for classification purposes. See also the Code Comparative Table. Ord. No. 10-10, § 2, adopted April 15, 2010, set out provisions intended for use as "Note 17," however, at the discretion of the editor it has been included as "Note 21" for classification purposes. See also the Code Comparative Table. Sec. 66-163. Area, yard and height requirements. The following table sets forth the area, yard and height requirements for the zoning districts:
MINIMUM AREA IN SQUARE FEET
For minimum yard regulations see notes 1—7.
R-20 R-15 RMH C-1 C-2 C-3 O&I M-F PUD R-6
Minimum lot 20,000 15,000 15,000 6,000 15,000 43,560 10,000 10,000 6,000/ size* 15,000 (note 4)
Lot width at 100/66 70/46 90 75 75 100 75 100 60/40 front setback cul-de- cul-de- cul-de- line sac sac sac
Front yard 30 30 30 25 25 50 25 30 25 25 setback
Side yard 7.5 7.5 7.5 7.5 7.5 7.5 7.5 7.5 5 7.5 width PROOFS(note 6) Rear yard 15 15 15 10 20 20 20 30 7.5 10 depth
Maximum 40 40 40 40 40 40 40 40 40 40 height of structure Page 383 of 424
*Or larger as required by the county sanitarian.
Final determination is based on decisions by the county sanitarian for approved sewer systems.
Note 1. Variance for prior lots of record. Notwithstanding the other setback provisions of this chapter, a building or structure may be constructed and occupied by one family as a single-family residence on any lot recorded prior to the adoption of the ordinance from which this chapter is derived and meeting all of the requirements of the county sanitarian and maintaining a minimum side yard of 15 feet, a front yard of 30 feet and a rear yard of 30 feet. Note 2. Corner lots, retaining walls, fences and walls, and open storage. (1) Corner lots. On a corner lot in a residential district area or commercial district area, a side yard setback consisting of a minimum distance of 20 feet shall be maintained between any building and the side street except in R-6 Residential District Medium Density with Performance, M-F Multifamily District and PUD Planned Unit Development District where 20 feet shall be reduced to 12 feet. Such requirement shall not be applied so as to reduce the building width of a residentially zoned corner lot of record at the time of passage of the ordinance from which this chapter is derived to less than 40 feet, nor to prohibit the erection of any accessory building where this requirement cannot reasonably be complied with as determined by the board of adjustment. (2) Retaining walls. The setback and yard requirements of this chapter shall not apply to a retaining wall not more than five feet high, as measured from the lowest ground elevation to the top of the wall. Retaining walls may be permitted where due to the topography of the lot such wall is necessary. Submittals to the planning department for retaining walls, in both residential and commercial zoning districts, shall be supported by design documentation as required by the most current version of the state building code at time of submittal. (3) Fences and walls. a. In residential zones, fences and walls not over four feet high may project into or may enclose any front yard; however, no fence may be constructed on or in a public street right-of-way or within a sight triangle. Fences or walls up to eight feet high may enclose side and rear yards. Side yard enclosure may extend from the rear corner of a house to the front corner of the house. Rear yard enclosure may extend from the rear corner of a house to the rear property line. The finished side of all fences and walls shall face the common property line boundary. b. No person shall erect, maintain or allow on any lot of the town any fence or wall carrying electrical current except that which encloses livestock with 110-20-Volt A.C. low impedance fencer. Fences or walls shall not be constructed in whole or in part of concertina wire, barbed wire, metal spikes, broken glass or any other material intended to inflict bodily injury. (4) Open storage. In the C-1 and C-2 districts, there shall be no open storage as an accessory use. In the C- 3 district, open storage as an accessory use shall be permitted, provided it is enclosed on all sides by a fence of not less than six feet in height. All display items essential to a retail establishment that are permitted in C-1 and C-2 districts are allowed in open storage. Junk, as defined in section 66-4, is not allowed in open storage. Note 3. Height restrictions/modifications.PROOFS In addition to the height limitations listed in the table of area, yard, and height requirements, any building in a C-1, C-2, C-3, and M-F district with five or more housing units per building, and any approved commercial area in a PUD district may be increased in height provided that additional side and rear yards are increased according to the requirements below. The maximum height of any building shall be 55 feet. From ten to 20 feet above the maximum allowable height in a C-1, C-2, C-3, M-F, and any approved commercial area in a PUD as noted above an additional ten feet of yard area (rear and sides) must be provided for each ten feet or portion thereof of additional height. Page 384 of 424
Note 4. Minimum lot size for the R-6 district. Minimum lot size shall be 6,000 square feet where a lot is served by municipal water and sewer and 15,000 square feet where a lot is not served by both municipal water and sewer. Note 5. Additional requirements for churches in the R-6 district. Standards for churches in the R-6 district shall be as follows: (1) Minimum lot size: one acre; (2) Minimum lot width and front setback line: 200 feet. Churches in the R-6 district that are permitted non-conforming uses due to the lot size may be expanded, provided there is a lot width at the front setback line of at least 120 feet and all required off-street parking is provided. Note 6. Additional side yard requirements in the R-6 district. Corner lots having a width of 60 feet or less at the front setback line shall have an interior side yard width of 7.5 feet and a street side yard width of 12 feet. Note 7. Performance development standards for the R-6 district. Performance development standards for the R-6 district can be found in section 66-315. Note 8. Additional lot size and setback requirements for the M-F district. Single-family homes in the M-F multifamily district may be constructed on 5,000 square foot lots having a lot width of not less than 50 feet (40 feet on cul-de-sac). All other permitted uses in the M-F district require a minimum lot size of 10,000 square feet. The following setbacks shall apply to a single-family home constructed on a 5,000 square foot lot in an M-F district: (1) Front setback: 20 feet; (2) Side setback: five feet; (3) Rear setback: ten feet. Note 9. Major public utilities; water. (1) All major utilities-water as defined in section 66-4 are exempt from height restrictions and setbacks set forth in this section. (2) In no case shall a major public utility-water be located closer than 50 feet from any lot line, public right of way or easement. (Code 2003, § 30-182; Ord. No. 02-21, § 1(19.71), 6-20-2002; Ord. No. 03-05, § 2, 1-30-2003; Ord. No. 04-17, § 1, 5-20-2004; Ord. No. 04-30, § 1, 10-21-2004; Ord. No. 05-07, § 1, 2-17-2005; Ord. No. 05-32, § 1(exh. A), 10-20-2005; Ord. No. 09-09, § 5, 3-19-2009; Ord. No. 10-14, § 1, 11-18-2010; Ord. No. 14-16, § 1, 8-21-2014; Ord. No. 15-06, § 1, 5-21-2015; Ord. No. 15- 14, § 1, 9-17-2015) Secs. 66-164--66-194. Reserved. DIVISION 3. CONDITIONAL ZONING DISTRICTS Sec. 66-195. Purpose. (a) Conditional zoning districts are zoning districts in which the development and use of the property is subject to predetermined ordinance standards and the rules, regulations and conditions imposed as part of the legislative decision creating the district and applying it to the particular property. (b) A conditional zoning district allows particular uses to be established only in accordance with specific standards and conditions pertaining to each individual development project. Some land uses are of such a nature or scale that they have significantPROOFS impacts on both the immediately surrounding area and on the entire community, which cannot be predetermined and controlled by general district standards. There are also circumstances in which a general district designation allowing such a use by right would not be appropriate for a particular property even though the use itself could, if properly planned, be appropriate for the property consistent with the objectives of these regulations, the adopted land use plan and other long range plans. The review process established in this division provides for the accommodation of such uses by a reclassification of property into a conditional zoning district, subject to specific conditions, which ensure compatibility of the use with the use and enjoyment of neighboring properties. The conditional zoning district is intended for property that has immediate development plans. The following zoning district categories are conditional zoning districts: Parallel conditional zoning districts. Page 385 of 424
A parallel conditional zoning district is a conditional zoning district in which the potential permitted use or uses are, except as limited by the conditions imposed on the district, of the same character or type as the use or uses permitted in a general district having a parallel designation or name. (Code 2003, § 30-191; Ord. No. 07-09, § 1, 4-19-2007) Sec. 66-196. Plans and other information to accompany petition. (a) Property may be rezoned to a conditional zoning district only in response to and consistent with a petition submitted by the owners of all of the property to be included in the district. A petition for conditional zoning must include a site plan, drawn to scale, and supporting information and text that specifies the actual use or uses intended for the property and any rules, regulations and conditions that, in addition to all predetermined ordinance requirements, will govern the development and use of the property. The following information must be provided, if applicable: (1) A boundary survey and vicinity map showing the property's total acreage, its zoning classification, the general location in relation to adjacent properties, major streets, railroads, and/or waterways, the date, and north arrow; (2) All existing easements, reservations and rights-of-way; (3) Approximate location on the site of existing and proposed buildings, structures and other improvements; (4) Approximate dimensions, including the height of proposed buildings, structures and other improvements; (5) Proposed use of all land and structures, including the number and square footage of all units, residential and nonresidential; (6) All yards, buffers, screening and landscaping required by these regulations or proposed by the petitioner; (7) All existing and proposed points of access to public streets; (8) Delineation of areas within the regulatory floodplain as shown on the official flood hazard boundary map for the town; (9) Proposed phasing, if any; (10) The location of existing and proposed storm drainage patterns and facilities intended to serve the proposed development; (11) Approximate location of all existing and proposed infrastructure on the site, including water, sewer, roads, pedestrian walkways and open space; (12) Generalized traffic, parking, and circulation plans. This shall include existing and planned bicycle and pedestrian facilities as well as vehicular facilities; (13) Proposed screening, buffers and landscaping over and above that required by these regulations, as well as proposed treatment of any existing natural features; (14) Existing and general proposed topography, if available, at four-foot contour intervals or less; (15) The location of significant trees on the subject property; (16) Scale of buildings relative to abutting property; (17) Building elevations and exterior features of proposed development; (18) Proposed numberPROOFS and location of signs; (19) An evaluation of traffic impacts prepared in accordance with the scope of work established by the Wilmington Metropolitan Planning Organization and NCDOT. The evaluation shall be signed by a licensed traffic engineer and based on proposed density and intensity for the acreage; (20) Inventory of the existing environmental, cultural, historical and natural site attributes; (21) A conceptual plan that shows with reasonable certainty the type and intensity of use for the proposal; and Page 386 of 424
(22) Any other information needed to demonstrate compliance with these regulations. (b) The site plan and any supporting text shall constitute part of the petition for all purposes under this division. The planning director or his designee may require the petitioner to submit as many copies of the petition and site plan as needed to circulate to other government agencies for review and comment. (Code 2003, § 30-192; Ord. No. 07-09, § 1, 4-19-2007; Ord. No. 12-14, § 1, 11-15-2012; Ord. No. 13-10, § 1, 5-16-2013) Sec. 66-197. Required community meeting before public hearing. Before a public hearing may be held on a petition for a conditional zoning district, the petitioner must file in the office of the town clerk a written report of at least two community meetings held by the petitioner. The community meetings shall be held prior to the planning board's consideration of the petition. Notice of such a meeting shall be given to property owners and tenants adjacent to the proposed project and within 500 feet of the area to be considered. At least one community meeting shall be after 6:00 p.m. Notice of both meetings shall be given two weeks in advance. The report shall include, among other things, a listing of those persons and organizations contacted about the meeting and the manner and date of contact, the date, time and location of the meeting, a roster of the persons in attendance at the meeting, a summary of issues discussed at the meeting, and a description of any changes to the rezoning petition made by the petitioner as a result of the meeting. In the event the petitioner has not held at least one meeting pursuant to this section, the petitioner shall file a report documenting efforts that were made to arrange such a meeting and stating the reasons such a meeting was not held. The adequacy of a meeting held or report filed pursuant to this section shall be considered by the town council in the rezoning request, but shall not be subject to judicial review. (Code 2003, § 30-193; Ord. No. 07-09, § 1, 4-19-2007; Ord. No. 12-14, § 2, 11-15-2012) Sec. 66-198. Approval of conditional zoning district. (a) Conditional zoning district decisions are a legislative process subject to judicial review using the same procedures and standard of review as apply to general use district zoning decisions. In considering any petition for a conditional zoning district, the council shall act in accordance with section 66-32, changes and amendments. Conditional zoning district decisions shall be made in consideration of identified relevant adopted land use plans for the area, including, but not limited to, comprehensive plans, strategic plans, district plans, area plans, neighborhood plans, corridor plans and other land use policy documents. (b) The town council may not vote to rezone property to a conditional zoning district during the time period beginning on the date of a municipal general election and concluding on the date immediately following the date on which the town council holds its organizational meeting following a municipal general election unless no person spoke against the rezoning at the public hearing and no valid protest petition under G.S. 160A-386 was filed. If a valid protest petition under G.S. 160A-386 has been filed against a zoning petition which would otherwise have been scheduled for a public hearing during the period beginning on October 1 prior to a municipal general election, but prior to the new town council taking office, then the public hearing on such petition and any decision on such petition shall both be postponed until after the new town council takes office. (Code 2003, § 30-194; Ord. No. 07-09, § 1, 4-19-2007) Sec. 66-199. Conditions to approval of petition. In approving a petition for the reclassification of property to a conditional zoning district, the planning board may recommend, and the town council request, that reasonable and appropriate conditions be attached to approval of the petition. Any suchPROOFS conditions should relate to the relationship of the proposed use to surrounding property, size, scale, location and design of structures, proposed support facilities such as parking areas and driveways, pedestrian and vehicular circulation systems, screening and buffer areas, the timing of development, street and right- of-way improvements, water and sewer improvements, stormwater drainage, the provision of open space, and other matters that the town council may find appropriate or the petitioner may propose. Such conditions to approval of the petition may include, but are not limited to, dedication to the town, county or state, as appropriate, of any land, rights-of-way or easements for streets, water, sewer, drainage, recreational uses or other public utilities necessary to serve the proposed development. The petitioner shall have a reasonable opportunity to consider and respond to any such conditions prior to final action by the town council. If for any reason any condition for approval is found to be illegal or invalid or if the applicant should fail to accept any condition following approval, the approval of the Page 387 of 424
site plan for the district shall be null and void and of no effect. Proceedings shall be instituted to rezone the property to its previous zoning classification. (Code 2003, § 30-195; Ord. No. 07-09, § 1, 4-19-2007) Sec. 66-200. Effect of approval. (a) If a petition for conditional zoning is approved, the development and use of the property shall be governed by the predetermined ordinance requirements applicable to the district's classification, the approved site plan for the district, and any additional approved rules, regulations, and conditions, including those in chapter 50, subdivisions, if applicable, all of which shall constitute the zoning regulations for the approved district and are binding on the property as an amendment to these regulations and to the zoning maps. (b) If a petition is approved, only those uses and structures indicated in the approved petition and site plan or land use area indicated on the master plan shall be allowed on the subject property. Alterations to an approved plan are authorized pursuant to section 66-201. (c) Following the approval of the petition for a conditional zoning district, the subject property shall be identified on the zoning maps by the appropriate district designation. A parallel conditional zoning shall be identified by the same designation as the underlying general district followed by the letters "CZ" (for example "C- 1(CZ)"). (d) No permit shall be issued for any development activity within a conditional zoning district except in accordance with the approved petition and site plan for the district. (e) Any violation of the approved site plan or any rules, regulations and conditions for the district shall be treated the same as any other violation of this chapter and shall be subject to the same remedies and penalties as any such violation. (Code 2003, § 30-196; Ord. No. 07-09, § 1, 4-19-2007) Sec. 66-201. Modifications to approved plan. (a) Major changes to approved plans and conditions of development may be authorized only by the town council after review and recommendation by the planning board in the same manner as outlined in this division for original submission. Major changes include, but are not limited to: (1) Change in use; (2) Increase in intensity of the development; such as, increase in density of units, whether residential, office, commercial or industrial; (3) An increase in overall ground coverage by structures; (4) A change in any site dimension by more than ten percent; (5) A reduction in approved open space or screening; (6) A change in access; (7) A variation from an imposed condition. (b) Minor changes, which are not deemed as major changes by the planning director, may, at his discretion, be authorized by the planning director if required by engineering or other physical circumstances not foreseen at the time of approval. PROOFS (c) The planning director shall have the delegated authority to approve an administrative amendment to an approved site plan. The standard for approving or denying such a requested change shall be that the change does not significantly alter the site plan and that the change does not have a significant impact upon abutting properties. An administrative amendment shall not be subject to a protest petition pursuant to section 66-32. Any decision must be in writing stating the grounds for approval or denial. (d) If the planning director declines to exercise the authority to approve an administrative amendment to an approved site plan, then the applicant can only file a rezoning petition for a public hearing and council decision. (e) Any request for an administrative amendment shall be pursuant to a written letter, signed by the property Page 388 of 424
owner, detailing the requested change. Upon request, the applicant must provide any additional information that is requested. Upon an approval of an administrative amendment, the applicant must file a sufficient number of copies of a revised site plan as deemed necessary by the planning director. (Code 2003, § 30-197; Ord. No. 07-09, § 1, 4-19-2007) Sec. 66-202. Review of approval of a conditional zoning district. It is intended that property shall be reclassified to a conditional zoning district only in the event of firm plans to develop the property. Therefore, no sooner than three years after the date of approval of the petition, the planning board may examine the progress made toward developing the property in accordance with the approved petition and any conditions attached to the approval. If the planning board determines that progress has not been made in accordance with the approved petition and conditions, the planning board shall forward to the town council a report which may recommend that the property be rezoned to its previous zoning classification or to another district. (Code 2003, § 30-198; Ord. No. 07-09, § 1, 4-19-2007) Secs. 66-203--66-227. Reserved.
ARTICLE VI. TEMPORARY AND ACCESSORY USES Sec. 66-228. Temporary uses.78 (a) Mobile offices. (1) Mobile offices may be used on a temporary basis for such purposes as construction offices, bloodmobiles, bookmobiles and traveling exhibits. However, such uses must obtain a temporary occupancy use permit from the code enforcement officer if the use is to last more than 48 hours at one site. (2) Mobile offices may also be used for other office or business purposes in cases where the permanent structure has been destroyed through no fault of the owner or tenant. A temporary occupancy use permit must be obtained before the use of the mobile office is initiated. This occupancy temporary use permit shall be valid for a specified period of time while reconstruction takes place, not to exceed six months, and may be renewed no more than once. (3) A temporary occupancy use permit may be issued by the code enforcement officer for a mobile home for use as a temporary field office for contractors if the mobile home: a. And the structure under construction are located on the same property; b. Is not moved to the site more than 30 days prior to construction and is not removed later than 30 days after construction has been completed; c. Is not used for any other purpose other than that connected with on-site construction; d. Is justified by the size and nature of the construction project; e. Is for a period not to exceed 18 months for C-1 and C-2 district uses only; f. Is utilized only incidental to on-site construction during daylight hours and not for residential living quarters; and g. Sanitary facilities are approved by the county sanitarian. (b) Manufactured homes. Temporary use of a manufactured home as a residence shall be permitted in any residential district in casesPROOFS where the permanent home has been destroyed through no fault of the owner or tenant. A temporary occupancy permit must be obtained from the code enforcement officer before the use of the manufactured home is initiated. Such temporary occupancy permit shall be valid for a specified period of time, not to exceed six months, while reconstruction takes place, and may be renewed no more than once. The unit must be
78 Legal Analysis: Code 2003, § 30-211. Temporary uses. Recommend rewriting this section – it’s a little confusing. Is a temporary permit as set forth in (c) required for all temporary uses? In (c) (4) – what’s limited to 7 days? Revised per 10/23/17 email from attorney Page 389 of 424 removed within 30 days after receipt of the certificate of occupancy for the newly constructed unit. (c) Temporary use permit required. (1) All temporary uses shall obtain a temporary use permit from the code enforcement officer. The permit shall outline conditions of operations to protect the public health, safety and welfare subject to the standards in this section. Temporary use permits shall be issued subject to the following: a. No lighting or electrical service shall be provided without an electrical permit; b. No temporary use structure shall be erected without a building permit (as required by the state building code); c. No temporary use structure shall block fire lanes or pedestrian or vehicular access; d. The site of the temporary use shall be cleared of all debris at the end of the temporary use. All temporary structures shall be cleared from the site within five days after the use is terminated; e. Written permission from the property owner for the temporary use shall be provided; f. The applicant shall provide a written plan describing the following and the zoning administrator shall approve, disapprove or approve with conditions the plan to address subsections (c)(1)f. 1.--4 of this section: 1. through 4. as submitted: 1. Parking to be provided; 2. Traffic control measures to be provided; 3. Provisions for trash disposal and sanitary facilities; and 4. Provisions for crowd control, if required. (2) A temporary use permit shall be revoked if the code enforcement officer finds that the terms of the permit have been violated or that there is a hazard to the public health, safety and welfare. (3) Temporary uses are not permitted in any district other than commercial, O&I or PUD districts, and other residential districts as provided in subsection (b) of this section. (4) The following temporary uses are allowed for no longer than seven consecutive days. No parcel or tract of land shall be used for a temporary use as permitted herein for a period of more than 30 cumulative days during any calendar year. __ The following temporary uses shall be permitted: a. Circuses or carnivals; b. Temporary religious or revival activities; c. Nonprofit special events; d. Tent sales; e. Grand opening sales; f. Outdoor vehicle show; and g. Other temporary uses: other temporary uses similar in nature to the ones listed above, as determined by the zoningPROOFS administrator. (5) The following events are excluded from the regulations in this section: a. Government-sponsored events; b. Religious or revival activities taking place on a property that has received a zoning certificate for church operations; and c. Recreation and entertainment events taking place on a parcel of land designated for recreation activities. (Code 2003, § 30-211; Ord. No. 02-21, § 1(19.81), 6-20-2002; Ord. No. 09-14, § 2, 8-20-2009) Page 390 of 424
Sec. 66-229. Accessory uses and structures. (a) General. Accessory uses and structures must comply with the following: (1) Number. No more than two accessory uses or structures shall be permitted per lot. On lots larger than one acre, no more than four accessory structures or uses shall be permitted per lot. (2) Location. Accessory structures shall be located only in the side or rear yards for non-corner lots. On corner lots accessory structures shall be located a minimum of 30 feet from the street right-of-way. Provided that on corner lots in R-6, M-F, and C-1 zoning districts, accessory structures shall be located a minimum of 20 feet from the street right-of-way. (3) Lot coverage. Accessory structures shall not cover more than 30 percent of the side or rear yard. No accessory structure shall be larger in gross square footage than the principal structure. (4) Setbacks. Accessory structures shall be set back a minimum ten feet from side and rear lot lines. Provided that in R-6, M-F, C-1, and PUD zoning districts accessory structures shall be set back at least five feet from side and rear lot lines. If an accessory structure in the R-6, M-F, C-1 or PUD zoning district is set back less than ten feet from the lot lines, then a fence of not less than six feet in height shall be installed between the accessory structure and the property line with the finished side facing the property line. The separation between the principle structure and the accessory structure shall comply with the provisions of the then current version of the state building code. (5) Height. Accessory structures, excluding garage apartments, shall have a height of no more than 15 feet. Provided, that in R-20, R-15, C-2 and C-3 zoning districts accessory structures may have a height of no more than 20 feet on the condition that the setback required under subsection (a)(4) of this section is increased one foot for each foot or portion thereof in excess of 15 feet in height. However, garage apartments shall comply with the maximum height of structures in section 66-163. (b) Accessory apartments, attached. Accessory apartments shall be allowed in R-20, R-15, R-6, PUD, C-1, and C-2 districts if all of the following criteria are met: (1) One additional off-street parking space shall be required; (2) Only one accessory apartment, whether attached or detached, shall be permitted per lot or use; (3) A site plan shall be submitted for approval to the planning department, or be part of the structure's initial zoning review; and (4) The gross floor area of the accessory apartment shall not exceed a maximum of 35 percent of the gross floor area of the principal structure or 800 square feet, whichever is less. (c) Accessory apartments, detached. Detached accessory apartments shall be allowed in all residential zoning districts if the following criteria are met: (1) The entire structure shall not exceed 35 percent of the gross total enclosed heated square footage of the existing single-family dwelling or 1,200 square feet, whichever is less; (2) One additional off-street parking spaces shall be required, except that two additional off-street parking spaces shall be required for detached accessory apartments over 800 square feet; (3) Detached accessory apartments shall comply with the requirements established in subsection (d) of this section, accessory buildings, except: a. The sidePROOFS and rear setbacks for any detached accessory apartment shall be 15 feet, or the respective minimum side and rear setback of a principal structure in the zoning district in which the property is located, whichever is less. In no case shall the side or rear setback be less than five feet. Corner lots shall follow the requirements set forth in subsection (d) of this section. b. The detached accessory apartment shall be located completely in the rear yard. (4) Only one accessory apartment, whether attached or detached, shall be permitted per lot. (5) Accessory apartments may be constructed over existing detached garages provided the garage meets the accessory building regulations. Page 391 of 424
(6) In the M-F zoning district, accessory apartments, whether attached or detached, shall only be allowed when constructed in connection with any single-family attached or detached development which is allowed in the district. (d) Accessory buildings. Accessory buildings shall be allowed in all zoning districts if all of the following criteria are met: (1) Number of accessory buildings. In all districts, no more than two accessory buildings shall be permitted per lot, except that lots of four acres or greater shall be allowed no more than four accessory buildings. (2) Location of accessory buildings. On all lots, accessory buildings shall be located only to the side or rear of the principal structure. An accessory building shall not extend any closer toward the front of a lot than the forward most projection of the principal structure, including, but not limited to, porches, steps, entryways, etc. (3) Corner lots. On corner lots, accessory buildings shall be located no closer to the street than the front of the principal structure on the rear adjoining lot at a setback from the street equal to at least 50 percent of the length of the common property line. If the adjoining lot does not contain a structure, or if the adjoining structure does not meet the minimum front setback of the zoning district, an accessory building must meet the minimum front setbacks of the zoning district in which it is to be located. (4) Lot coverage. Accessory buildings shall not cover more than 30 percent of the required side or rear yard. The gross total square footage of all accessory buildings shall not exceed 100 percent of the heated square footage of the primary structure. (5) Setback. Accessory buildings shall be set back at least three feet from the side and rear lot lines in all districts. The separation between the principal structure and accessory building shall meet the state building code. (6) Height. The height of any accessory building shall not exceed the height of the primary structure or 35 feet, whichever is less. (e) Swimming pools. Swimming pools shall be allowed in all residential zoning districts as well as an accessory use for residential uses in any zoning district if all of the following criteria are met: (1) General requirements. Swimming pools, either above- or in-ground, shall be located in the side or rear yard. Swimming pool setbacks shall be measured from the property line to the edge of the pool, which extends closest to the property line. Swimming pools shall not extend beyond the front facade of the principal structure. For a corner lot, a swimming pool shall not extend beyond the front facade of the principal structure on the street side of the structure. Swimming pools shall meet all side and rear setbacks of the district in which it is located except in residential districts, where a swimming pool must be set back ten feet from the rear property line and ten feet from the side property line or the minimum side yard required in the district in which it is located, whichever is less. In-ground swimming pools shall not be included as an accessory building when determining the number of accessory buildings per lot. In- ground and above-ground swimming pools and associated decking shall be included when determining the maximum lot coverage. (2) Fence required. Every outdoor pool heretofore and hereafter constructed having a depth of 24 inches or greater at the deepest point, shall be separated entirely from public thoroughfares and neighboring properties by a securely constructed fence or similar barrier, designed to prevent unsupervised access by children. ThePROOFS fence or barrier shall be designed to meet the following criteria as required by appendix G of the state residential building code: a. The fence or barrier shall have a height of not less than four feet (from the outside approach), and of sufficient strength to eliminate unobstructed access thereto except at properly constructed entrance gates. b. Openings through a fence or barrier with the gate closed shall be constructed as not to have any openings that allow the passage of a four-inch diameter sphere. The fence and gate shall not contain any openings, indentations or protrusions (except for normal construction tolerances and tooled Page 392 of 424
masonry joints) that would allow a child to pass under, through, or over the barrier. c. The fence or barrier may be constructed of wood, masonry or similar materials or by a chain-link or similar fencing with natural screening. d. Gates shall open outward away from the pool, and shall be of a self-closing and latching type which maintains the gate in a closed position when it is not open for the purpose of providing access to the pool, and shall be equipped to accommodate a locking device. Latch release mechanisms shall be located not less than 54 inches from the bottom of the gate, or shall be located on the inside of the gate at least three inches below the top of the gate. e. The exterior walls of a house or building may be incorporated as a portion of such fence to create a fully enclosed area around the pool when the conditions of AG105.2, item 9 have been met. f. Fence or barrier may enclose either the pool area only or the full property boundary area or any part of the property which includes the pool. However, if the entire premises of the residence are enclosed, then this provision may be waived by the building inspector upon inspection and approval of the residence enclosure. g. Above-ground pools may be exempt from the fencing requirements if they can be shown to comply with appendix G of the state residential building code. (3) Screening. All above-ground pools shall be completely screened on all sides. Such screening shall meet the following standards: a. Screening shall be constructed of durable material, either wood, chain-link, wrought iron, or other material designed for such purpose. b. The exterior walls of a house or building may be incorporated as a portion of such screening to create a fully enclosed area around the above-ground pool. c. Screening shall have a height of not less than four feet from the outside approach and no opening greater than four inches. d. All equipment included in the operation of the above-ground pool shall be located within the screened area. (f) Satellite dish antennas. (1) General requirements. a. A building permit is required when installing, moving or substantially constructing or reconstructing a dish antenna over two feet in diameter. b. A dish antenna must be installed in compliance with the manufacturer's specifications. c. In all residential districts, dish antennas must be permanently installed on the ground and shall not exceed 8 1/2 feet in diameter. A dish of up to one meter in diameter may be permitted on rooftops, but only if the residential structure has no rear yard. d. In C-1, C-2, C-3 and O&I districts, dish antennas may either be installed on the ground or on the roof of the building, but not both. If installed on the roof, the dish shall: 1. Not be larger than 8 1/2 feet in diameter; 2. NotPROOFS project higher than eight feet above the maximum building height of the zoning district or no more than one-third the actual building height above the roof, whichever is less; 3. Be set back at least 18 feet from the front and sides of the building; and 4. Not be used for any advertising purposes. A dish antenna may be installed on the top of another part of the building which is lower than the roof, such as a balcony or parking deck, but only if such location is at the rear or side of the building and all other requirements are met. Page 393 of 424
e. If a dish antenna is repainted, the only permissible colors are the original colors used by the manufacturer, i.e., off-white, pastel beige, grey or pastel grey-green. Only one color is permissible at one time. The paint must have a dull, nonglossy finish and no patterns, lettering or numerals shall be permitted on either side of the dish surface. f. No dish antenna shall be installed in any public right-of-way, or drainage or utility easement. g. Dish antennas located on the roof of dwellings must be located on the rear portion of the dwelling roof. No part of the dish antenna may extend over the ridge into the front portion of the dwelling roof. h. The dish antenna cannot have a maximum height of more than one meter above the roof ridge. (2) Location in yards. a. A dish antenna shall be installed in the rear yard only, in all districts, except as provided in subsections (f)(c)(1)c., (f)(c)(1)d. and (f)(c)(2)b. of this section. b. In C-1, C-2 and C-3 districts only, a dealer selling dish antennas may have a maximum of one such antenna installed in the front or side yard for display purposes, provided all other requirements are met. If a dealer displays a dish antenna in the front or side yard, his permissible sign area shall be reduced by one-half. (3) Setback requirements. a. The minimum required setback for dish antennas from the side lot line shall be the same as for the principal building, except on corner lots, the minimum required front yard setback on the side abutting the street shall be the same as the required front yard setback along that street. b. The minimum required setback for dish antennas from the rear lot line shall be ten feet or the same as accessory buildings, whichever is greater, but in no case shall any part of the dish antenna come closer than four feet to the property line. c. In all cases, no dish antenna shall be located within 30 feet of any street right-of-way. (g) Manufactured or mobile homes. A manufactured or mobile home may not be used for the location of an accessory use or as an accessory building in any zoning district. (Code 2003, § 30-212; Ord. No. 02-21, § 1(19.82), 6-20-2002; Ord. No. 05-15, § 1, 6-6-2005; Ord. No. 10-06, § 1, 3-18-2010; Ord. No. 13-20, § 2, 8-15-2013; Ord. No. 15-07, § 2, 5-21-2015; Ord. No. 16-09 , § 5, 7-14-2016) Sec. 66-230. Accessory structures not requiring a permit. (a) Temporary portable storage units. One temporary portable storage unit is permitted for a maximum of 30 calendar days per calendar year for any parcel and shall not be located within any right-of-way. (1) A temporary portable storage unit shall not be used for living, sleeping, or for the business purpose other than temporary storage. (2) A property owner may request an extension of the 30-day limit in writing to the code enforcement officer. Extensions of up to 60 additional days may be granted by the code enforcement officer for the following reasons: a. Construction or remodeling of a principal or accessory structure requiring a building permit, which cannot bePROOFS completed in the 30-day period. b. Damage to a principal or accessory structure requiring extensive rebuilding. c. Packing or unpacking for a move or relocation of the inhabitant of the principal residence. (3) Additional extensions for unforeseen exceptions may be granted by the town manager or his designee. (4) Temporary portable storage units may not occupy any required parking facility when utilized on a commercially zoned property. (b) Appurtenance features. Appurtenance features, including, but not limited to, outdoor fireplaces, fences that are six feet or less in height, pergolas, and arbors do not require a zoning compliance permit. Page 394 of 424
(1) Such appurtenance features shall not be used for storage or business operations. (2) Stormwater permits and building permits may be required. (Code 2003, § 30-213; Ord. No. 10-13, § 2, 8-19-2010; Ord. No. 13-20, § 2, 8-15-2013) Secs. 66-231--66-253. Reserved.
ARTICLE VII. SCREENING, LANDSCAPING, DEVELOPMENT PLAN AND DESIGN REQUIREMENTS Sec. 66-254. Screening and landscaping. (a) Purpose. The intent of the requirements set forth in this section shall be to enhance the visual and aesthetic appearance of the town; provide space definition and landscape continuity between the built environment and the natural environment; provide appropriate barriers and relief from traffic, noise, heat, glare and the spread of dust and debris; reduce the impact of development on the community's storm drainage system and reduce flooding; aid in the conservation of energy; replenish the atmosphere with oxygen; provide for a more pleasant and relaxing urban environment; and increase property values. Furthermore, the intent of this section shall be to create a screen between residential zoning districts and other zoning districts or to screen certain uses in order to minimize potential nuisances, such as noise, dust, odor and light glare; reduce the visual impact of unsightly aspects of adjacent development; provide for the separation of spaces; and establish a sense of privacy. (b) Temporary waiver. A certificate of compliance shall not be issued for any use located on a lot upon which screening and/or landscaping is required, unless such screening and landscaping are provided on such lot as specified in this section. The provision may be temporarily waived by the code enforcement officer in cases where it is not possible for the developer to install certain species of plant material prior to occupancy due to the recommended planting season not occurring at an appropriate phase in construction. In such case, the time deadline for planting such materials shall be extended only to the nearest seasonal period suitable for planting such materials. (c) Installation and maintenance. The plantings that constitute required buffering and landscaping shall be properly installed and maintained in order to fulfill the purpose of which this section is established. Plant species shall be recommended for healthy growth under local climate conditions, not of a type highly prone to disease, and be of a type expected to be grown in a manner which will satisfy the spirit and intent of this section. Plant materials shall be planted in accordance with generally recommended and accepted planting and growing practices. The owner of the property and any tenant on the property where buffering and landscaping are required shall be jointly and severally responsible for the maintenance of all required landscaped materials. Such maintenance shall include all actions necessary to keep the buffered and landscaped areas free of litter and debris; keep plantings healthy; keep growth from interfering with safe vehicular or pedestrian travel, or use of parking areas, or from creating any nuisances to adjoining properties; and keep walls, fences and berms in good repair and neat in appearance. Any vegetation that constitutes a required screen or landscaped area shall be replaced if it dies. All buffering and landscaping material shall be protected from damage. (d) Relief requirements. (1) The code enforcement officer may waive certain portions of this section when he determines that unusual topography or elevation of a development site or the location or size of the parcel to be developed would make strict adherence to the requirements of this section and serve no meaningful purpose or would make it physically impossible to install or maintain the required screening. (2) The code enforcementPROOFS officer may alter the requirements of this section if he determines that screening devices already exist and/or the location and/or the size of the parcel involved creates a situation whereby the installation of the required plantings would serve no useful purpose, or where a variation to the amount and/or type of screening or landscaping required would serve equally effectively as that which is required, provided that the spirit and intent of this chapter are maintained. Such an alteration may occur only at the request of the developer, who shall submit a plan to the code enforcement officer showing existing site features and proposed screening and landscaping features. This section shall not be construed to categorically negate the necessity for establishing screening for uses which are adjacent to vacant properties. Page 395 of 424
(e) Easements and rights-of-way. Any planting which is proposed to be placed in a general drainage and utility easement or in a street right-of-way must be approved by the town engineer. (f) Distance from roads and sidewalks. All trees shall be placed in the most feasible manner so as not to interfere with roadways, sidewalks or streetlights and shall not be planted closer than eight feet to a fire hydrant. (g) Distance from utilities. Any trees required by this section which are placed within 20 feet lateral distance from the centerline of an above-ground electric utility line (the line connecting pole centers) should have a maximum expected maturity height as follows: (1) Zero to ten feet lateral distance of the centerline, 15-foot maximum expected maturity height; and (2) Greater than ten feet and up to 20 feet lateral distance of the centerline, 25-foot maximum expected maturity height. Outside such 20 feet lateral distance, trees should be placed in the most feasible manner to avoid future conflict with above-ground electric utilities and violations of the National Electric Safety Code, and to avoid conflict with any belowground utilities and drainage facilities. Variations to such distance requirements may be made with the approval of the town engineer. (h) Additional landscaping. Any tree or planting required as provided in this section shall stand alone and shall not be counted toward meeting the requirements for any other section. (i) Where screening required. Screening shall be required under the following circumstances: (1) Screening between residential and nonresidential uses shall be required when a nonresidential use abuts a residential use. Screening shall be provided on the nonresidential use lot at the time such lot is developed, initially or otherwise. (2) Where a multifamily development abuts a residential zoning district, level 1-A screening shall be required on the lot developed for multifamily purposes. (j) Screen and buffer strip standards. Required screening may be in the form of natural plantings, planted berms, walls and/or fences. Screening, however, shall be encouraged in the form of natural plantings. Existing plantings may be used, in whole or in part, to satisfy the requirements of this section. Screening in the form of a planted berm, wall or fence may be used, provided that such structures comply with all other applicable subsections of this section. (1) Wall and fence standards. Fences shall be constructed in a durable fashion, with weather-resistant wood, and be of a consistent pattern. All materials used in the construction of a fence shall be designed and intended for such use. Notwithstanding the foregoing, the code enforcement officer may approve a buffer fence constructed of other materials, provided the materials and finish used will generally provide the same degree of opacity, durability and aesthetic compatibility as weather-resistant wood. The finished side of all walls or fences shall face the common property line boundary. No wall or fence used as a part of a screen shall be less than six feet, nor more than eight feet in height, above grade. All walls or fences used for screen purposes shall generally be opaque at a distance of ten feet. (2) Berm standards. All berms shall be planted with both shrubs and ground covers so as to leave no bare earth. All shrubs shall be a species that can be expected to materially screen the development site within five years of planting. The slope of a berm shall be of a grade so that it is suitable for maintenance and soil stability, while taking into consideration the type of plantings and ground cover that will be utilized, but in no case shall a berm be less than three feet in height. The use of Pueraria lobata (kudzu) for berm ground cover is not permitted, nor are any other nuisance vining plants that have a tendency to spread to other properties.PROOFS (3) Natural planting standards. Where natural plantings are used, a buffer strip, in accordance with figure 12A, in subsection (l) of this section, shall be planted. Such area shall be free of all encroachments by structures, parking areas or other impervious surfaces. The amount and type of buffer materials to be planted per 100 feet shall be as indicated in figure 12B, in subsection (l) of this section. A fractional number of trees or shrubs of 0.5 and above shall be increased to the next whole number. (k) Screening location. (1) With the exception of screening required for open storage, any screening required by this section shall Page 396 of 424
be located along the side and/or rear property lines of the lot containing the use subject to screening. If screening is required along the right-of-way, it shall be located behind such right-of-way. In addition, where a private driveway intersects a street, visibility shall be maintained within a site distance triangle formed by joining two points located 20 feet from the intersection with the driveway and 30 feet from the intersection with the street. (2) No structure, other than a mailbox, wall, fence, sidewalk or driveway, shall be permitted within a required screen area. No off-street parking may be permitted within any required screen area. Where plant materials are required, the required amount shall be installed on the side of any wall or fence opposite the new development unless a waiver of such requirement is granted. (l) Required screening levels. The amount and type of screening to be provided as a minimum, is as shown in figures 12A and 12B as follows: FIGURE 12A. REQUIRED BUFFER LEVELS
Office and Institutional Business Industrial
Residential uses* Level 1 Level 2 Level 3**
*Level of required screening between a residential use and nonresidential use. **An industrial use adjoining a residential use may reduce the buffer level from a level 3 to a level 2 if no structure is located within 100 feet of the adjoining property line in question and if no external apparatus or loading dock facilities are visible from the residential use or property line. FIGURE 12B. REQUIRED BUFFER LEVELS
Level 1A Level 1 Level 2 Level 3 (feet) (feet) (feet) (feet)
Minimum buffer width* 10 12 22 30
Canopy 4 3 5 5
Understory N/A 3 4 6
Shrubs** 12 20 40 50
Minimum buffer width planting and wall or fence* N/A 6 12 20 Canopy PROOFSN/A 4 3 3 Understory N/A 4 3 4
Shrubs** N/A 15 22 30
Minimum buffer width plantings and berm* N/A 10*** 14*** 20***
Canopy N/A 2 3 3 Page 397 of 424
Understory N/A 2 3 4
Shrubs** N/A 18 30 35
*Amount and type of plant material per 100 linear feet. **All shrubs are to be of a screening variety. ***Includes the width of the berm. (Code 2003, § 30-241; Ord. No. 02-21, § 1(19.91), 6-20-2002; Ord. No. 11-09, § 3, 11-17-2011) Sec. 66-255. Development plan and design requirements. (a) Applicability; exceptions. All development, other than single-family detached and two-family dwellings, and/or accessory buildings thereto, on individual lots and/or tracts not proposed for subdivision, shall be in conformance with an approved development plan, except farming and/or agriculture whereby the principal use of the development meets the definition of the term "bona fide farm," as defined in section 66-4, and/or where a variance is granted from compliance with this requirement. (b) Compliance required. All development plans shall be required to satisfy the requirements and procedures set forth in this section. (c) Application and approval process in general. (1) Applicants requesting a zoning compliance permit for development, other than that specifically excepted in subsection (a) of this section, shall submit a development plan, together with any and all required technical data specified and/or requested, for review by the code enforcement officer or his authorized personnel. Approval of a satisfactory development plan is prerequisite to the issuance of a zoning compliance permit. (2) Applicants desiring input and/or recommendations from the code enforcement officer, director of public works or any other municipal official prior to submittal of a development plan are encouraged first to prepare a sketch plan of the proposed development before meeting to discuss specifics with municipal officials. Guidelines for sketch plans are set forth in subsection (f) of this section. (3) The applicant is encouraged to incorporate the recommendations of the code enforcement officer or authorized staff reviewer into the development plan before submittal. The sketch plan is only a courtesy intended to inform the applicant of the approval criteria prior to submittal of the development plan; furthermore, sketch plan approval does not constitute approval of the development plan and may not be substituted for any required approvals. (4) Upon submittal of a development plan and all required materials specified by the code enforcement officer, the code enforcement officer shall have 20 days to either return the development plan to the applicant with noncompliance findings noted, or notify the applicant of an approval/rejection/recommendation for approval/return for revision and/or additional information, depending on the source of the approval, i.e., code enforcement officer. Notification may be verbal, but must be documented in writing within 30 days following the notification date. Each time a development plan is rejected,PROOFS revised or returned for additional information, the timetable for official action shall begin anew. Should a period of 30 days elapse between the submittal of a development plan and the issuance of written notification, the development plan shall be deemed approved/recommended for approval. (5) Applicants wishing to resubmit rejected development plans or submit a substantial revision, as determined by the code enforcement officer, to approve development plans, must reapply for a zoning compliance permit, satisfying all of the requirements required in this section. (6) Applicants requesting development plan review/approval shall be required to pay a review fee in accordance with the fee schedule. Fees are not applicable to sketch plan review and/or record drawing (as-built) review. Page 398 of 424
(d) Effect of development plan approval, validity. Approval of the development plan shall authorize the applicant to proceed with the installation of site improvements, provided all other regulatory requirements are satisfied. Approval shall not authorize the sale or transfer of lots/tracts/units, nor the occupancy/use, nor the revision of the approved development plan. Development plan approval shall be void unless installation of improvements is in accordance with the approved development plan and/or approved revisions thereto. Development plan approval is valid for a period of nine months from the date of approval; however, approved revisions shall not constitute additional time unless specified in writing by the code enforcement officer upon approval of such revisions. Substantial revision to a development plan requiring reapplication as described in subsection (c) of this section may constitute a new validation period. Projects requiring more than nine months for construction and completion may request additional time in either the application or a subsequent letter or request; however, no approval shall be granted for a period greater than two years. Projects requiring phased construction or approval for periods exceeding two years shall submit development plans for each phase or each extended period of construction, subject to the discretion of the code enforcement officer. (e) Record of development plan (as-built), validity and effect. (1) A set of record drawings and technical data shall be prepared by the applicant and submitted to the code enforcement officer for review of compliance prior to occupancy and/or use of developments requiring development plan approval. Within 15 days of receipt of the development plan, record drawings and technical data, the code enforcement officer shall notify the applicant of any noncompliance or deficiency in such information. Record drawings and technical data shall be kept on file at the office of the code enforcement officer, along with one copy of the approved development plan and any approved revisions thereto (refer to subsection (h) of this section). (2) Development not in compliance with an approved development plan shall not be eligible for occupancy/use until all corrective measures are taken to satisfy the requirements in this section. (f) Optional sketch plan requirements/recommendations and procedure. (1) The optional sketch plan is encouraged and should be drawn to scale, preferably the scale required for development plan submittal. Recommended information shall include the following: a. Property boundaries and total acreage. b. Major topographical and physical features (e.g., creeks, slopes, buildings, streets, etc.). c. Proposed streets, buildings and/or lot arrangements. d. Existing and proposed land use, with a brief project description, including building sizes, unit sizes, lot sizes, open space, amenities, etc. e. Names, addresses and telephone numbers of the applicant and the person preparing the development plan. f. Adjacent street names, numbers and right-of-way widths. g. Zoning district classification of the site and surrounding properties, including those across streets. (2) At least two copies of the sketch plan shall be submitted. (g) Development plan requirements/recommendations and procedure. The development plan shall be submitted with the minimum required information and should contain all applicable recommended information. The development plan shallPROOFS be drawn to a scale of one inch equals 20 feet, unless otherwise approved by the code enforcement officer. Required information may be waived and/or recommended information required, at the discretion of the code enforcement officer, where special circumstances avail. (1) Required information. Information required for the development plan shall include: a. Existing and proposed topographic contours of the development area at vertical intervals of no greater than five feet; b. Location, use and outline of existing and proposed buildings and structures; c. Location of proposed open spaces; Page 399 of 424
d. Location, names, pavement width and right-of-way width of existing streets; e. Location, names, pavement widths, curb types, right-of-way widths, pavement types, sidewalk locations and curb cuts of all proposed streets, parking facilities and site improvements (refer to subsection (j) of this section); f. Location of all existing and proposed utilities, including electrical, water, sewage, and telephone and gas facilities, including easements (refer to subsection (j) of this section); g. Location of all existing and proposed drainage facilities necessary to serve the site, including easements; h. Schedule of densities, showing the number and type of dwellings per acre; i. Schedule of building uses, by type, showing the number of bedrooms, number of units and floor area; j. Buffer and screening devices proposed to separate uses within the development; k. Proposed perimeter buffers and screening devices (refer to section 66-254); l. Proposed schedule of development for each phase of the project, showing anticipated time for completion and estimated completion dates; m. Property line survey and acreage data; n. Vicinity map, at a scale of one inch equals 400 feet, and encompassing an area no less than one- fourth mile in radius of the site, and including: 1. Existing streets; 2. Existing watercourses and flood hazard areas; 3. Existing land uses on the site and in the area surrounding the site; o. Written and graphic scale, north arrow and title; p. Proposed name of the development; q. Technical report containing: 1. A description of the project, including general characteristics, development concept and amenities; 2. A general assessment of impact, showing the proposed impact upon all affected utilities, transportation facilities, the environment, local economy and local government; and 3. An engineering report to demonstrate the adequacy of existing and proposed public facilities; r. Names, addresses and telephone numbers of the applicant and person preparing the development plan. (2) Recommended information. a. Information recommended for the development plan includes: 1. Zoning district classifications of the site and surrounding properties, including properties acrossPROOFS the street; and 2. Names of the owners of surrounding properties. b. The development plan shall be submitted with at least five copies. Facilities and/or improvements proposed for dedication to the state, the county and/or the town, and/or their political subdivisions, shall be submitted for design approval and plan. Prior to construction, detailed plans and specifications prepared by a licensed professional engineer shall be reviewed and approved by each relevant entity in accordance with their respective policies regarding such facilities and/or improvements. Approval of the development plan does not imply or satisfy approval requirements for such facilities and/or improvements. Page 400 of 424
(h) Record (as-built) development plan requirements and procedure. The record (as-built) development plan shall be submitted in accordance with this section and the following requirements: (1) The record (as-built) development plan shall constitute only that portion of the approved development plan proposed for occupancy and/or use at that time; (2) A record (as-built) development plan may be required to show, or be accompanied by, the following information, subject to the discretion of the code enforcement officer: a. Name of the development; b. Date, including the month, day and year, of the original drawings and each revision; c. Names and addresses of the owner of record, applicant, land planner, surveyor and engineer; d. Boundary lines of the development, with distances accurate to hundredths of a foot and bearings of one-half of a minute; e. Radii, central angles, tangents, length of arcs and curvature of all new street lines; f. Lines and widths of all easements, with dimensions accurate to hundredths of a foot and a notation of the purpose of the easement or any limitations on its use; g. Location and elevation of the benchmark to which contour elevations refer; h. Lot numbers and a statement of the total number of lots. Lot lines shall be defined by distances in hundredths of a foot and in degrees to the nearest one-half of a minute, either by magnetic bearings or by angles of deflection from other lot and street lines; i. Building setback lines, with dimensions; j. Statement of the intended use of all nonresidential areas, with reference to existing or proposed restrictions as will exist in covenants in the deed; k. Accurate boundaries and specific designation of any area to be dedicated or reserved for public use or acquisition; and l. Accurate boundaries and specific designation of any area to be reserved by deed covenants or restriction for the common use by owners of land contained within the subdivision; (3) The record (as-built) development plan shall bear each of the following certifications, where applicable, executed by the appropriate persons: a. Certificate of ownership and dedication. I hereby certify that I am the owner of the property shown and described hereon, which is located in the corporate limits of the Town of Leland, and that I hereby adopt this development plan and/or plan of subdivision with my free consent, establish minimum building setback lines and dedicate all streets, walks, parks and other sites and easements to public or private use as noted. Furthermore, I hereby dedicate all sanitary sewer, storm sewer and water lines to the appropriate agency.
Date ______Owner ______PROOFS b. Certificate of survey and accuracy. I, ______, certify that this map was (drawn by me) (drawn under my supervision) from (an actual survey made by me) (an actual survey made under my supervision) (deed description recorded in book ______, page ______, etc.) (other, specify); that the error of closure as calculated by latitudes and departures is 1: ______; that the boundaries not surveyed are shown as broken lines platted from information found in book ______, page ______; that this map was prepared in accordance with G.S. 47-390, as amended. Page 401 of 424
Witness my hand and seal this ______day of ______/ ______/ ______, A.D., 20 ______.
Surveyor ______License or Registration # _____
Sworn to and subscribed before me this ______day of ______/ ______/ ______. Signature and Seal of Notary Public _____ c. Certification of the approval of streets and utilities. We hereby certify that: (1) streets, utilities and other improvements have been installed within the development shown and described hereon in an acceptable manner and in accordance with design standards of the applicable regulations and zoning ordinance, Town of Leland, North Carolina, and other specifications of the town; (2) or a security bond in the amount of ______, cash in the amount of ______or an irrevocable letter of credit payable upon demand by the town has been posted with the town to ensure completion of all required improvements in case of default.
Registered Professional Engineer ______Date _____
Notary Public ______Date _____
d. Certificate of approval of water and sewage system. I hereby certify that the water supply system and the sewage disposal system installed or planned to be installed to serve each lot within the development shown and described hereon fully meets the requirements of the county health department.
Brunswick County
Date _____ Health Officer ______
e. Certificate of approval for recording. I hereby certify that the development plan shown hereon has been found to comply with the subdivision regulations and zoning ordinance, Town of Leland, North Carolina, with the exception of such variances,PROOFS if any, as are noted in the minutes of the zoning board of adjustment at its meeting of (date) _____.
Date _____ Code Enforcement Officer ______
The record (as-built) development plan shall be provided in a minimum of three copies, each bearing the original signatures and executions of the applicable certifications as set forth in this subsection. Page 402 of 424
(i) Conformance with design requirements required. All development shall be in conformance with the design and/or construction requirements set forth in subsections (j) and (k) of this section. (j) Public improvements. Any and all components for development intended and/or proposed for public facilities dedication and/or public utilities shall be in conformance with the following regulations: (1) Street and alley construction shall be in accordance with the policies and procedures, and design requirements and construction standards established by the town council and/or the state department of transportation. (2) Water and sewer line construction shall be in accordance with the policies and procedures, and design requirements and construction standards established by the town council and/or the North Brunswick Sanitary District. (3) Paved sidewalks, per the town's specifications, shall be provided by the developer, at the developer's expense. (4) Electrical supply, gas supply and telecommunications facilities construction shall be in accordance with the policies, procedures, design requirements and construction standards established by the utility commission and/or company providing service to the vicinity. (5) Public park and/or open space construction and/or provision shall be in accordance with the policies, procedures, design requirements and construction standards established by the entity receiving dedication of such facilities. (6) Public parking facilities construction shall be in accordance with the parking requirements established in article VIII of this chapter and applicable building codes. (k) Private improvements. Any and all components for development not intended and/or proposed for public facilities dedication and/or public utilities shall be in conformance with the following regulations: (1) Driveway and parking facilities construction shall be in accordance with the requirements established in article VIII of this chapter and applicable building codes. (2) Water and sewer line (collection/distribution and service) construction shall be in accordance with the policies, procedures, design requirements and construction standards established by the town council and the North Brunswick Sanitary District. (3) Buildings and their respective appurtenances shall be constructed in accordance with the policies, procedures, design requirements and construction standards established in this Code and the building codes of the county. (4) Signs and their respective appurtenances shall be constructed in accordance with the policies, procedures, design requirements and construction standards established in chapter 42 of this Code article XI of this chapter and the building codes of the county. (Code 2003, § 30-242; Ord. No. 02-21, § 1(19.92), 6-20-2002) Secs. 66-256--66-273. Reserved.
ARTICLE VIII. PARKING, LOADING, DRIVEWAY AND SIDEWALK REQUIREMENTS* *Editor's note— Ord. No. 11-09, § 4, adopted November 17, 2011, amended article VIII in its entirety to read as herein set out. Formerly, article VIII,PROOFS §§ 30-271—30-278 pertained to similar subject matter and derived from Ord. No. 02-21, § 1, adopted June 20, 2002; Ord. No. 06-30, § 1, adopted December 21, 2006; Ord. No. 08-02, § 1, adopted March 20, 2008; Ord. No. 08-07, § 1, adopted February 21, 2008; Ord. No. 11-06, § 2, adopted August 18, 2011, and Ord. No. 11-07, § 4, adopted August 19, 2011. *State law reference—Authority to regulate parking, G.S. 160A-301 et seq. Page 403 of 424
Appendix A. Parking lot tree planting requirements. Sec. 66-274. Intent. (a) It is the intent of this article to provide standards for vehicle parking and parking lot design that will lessen the negative impacts of large parking lots on surrounding uses while allowing for the efficient use of land and maintaining pedestrian safety in the highest manner possible. (b) It is not the intent of this section to predict the exact parking needs for each land use listed in section 66- 162. Therefore, the use categories are listed in a general format and where applicable, the maximum number of parking spaces permitted has been prescribed. (Code 2003, § 30-272; Ord. No. 11-09, § 4, 11-17-2011) Sec. 66-275. Parking requirements—general. (a) All development shall provide parking facilities as specifically set forth in this article. (b) All provisions for parking of vehicles shall be made entirely upon the lot or parcel being developed, except when parking may be provided off site as specifically permitted in this article. (c) The special or additional parking needs prescribed to specific permitted uses in section 66-162 shall supersede the requirements listed below. (d) All required off-street parking facilities shall be permanent and not used for any purpose other than the parking or storage of vehicles. Any areas within a parking facility intended for outside storage or sale of merchandise must be designated on the site plans as such. The outside storage and display of merchandise within a parking facility shall in no case: (1) Reduce the number of parking spaces available below the required minimum listed herein. (2) Interfere with the circulation of emergency vehicles, automobile traffic, or pedestrian traffic. (Code 2003, § 30-273; Ord. No. 11-09, § 4, 11-17-2011) Sec. 66-276. Number of spaces required. The number of parking spaces, by land use category, is specified in the following table:
Use Type Minimum Number of Maximum Number of Parking Spaces Required Parking Spaces Permitted
Single-family residential, Two spaces per dwelling N/A townhouse unit
Multifamily One space per bedroom Three spaces per dwelling unit Age restricted housing Two-thirds space per Two spaces per dwelling multifamily dwelling unit unit
CommercialPROOFS and/or office Two spaces per 1,000 Three and one half square feet GFA spaces per 1,000 square feet GFA
Retail Two spaces per 1,000 Five spaces per 1,000 square feet GFA square feet GFA
Warehouse and industrial One-fourth space per Two spaces per 1,000 1,000 square feet GFA square feet GFA Page 404 of 424
Civic/institutional N/A N/A
Restaurant Two spaces per 1,000 Ten spaces per 1,000 square feet GFA square feet GFA
(1) The classification of uses shall be deemed to include and apply to all uses; however, if the classification of any use for the purpose of determining the quantity of parking spaces required is not readily determinable under this section, then the classification of use shall be fixed by the planning department. (2) Any calculation that results in a fractional figure shall be rounded up to the next whole number. (3) Developments that wish to exceed the total number of parking spaces permitted must first meet the following criteria: a. Additional parking must be shown as necessary by using the design day parking ratio (DDPR) method with the 85th percentile of peak hour observations as maximum, or other acceptable method detailed in accredited planning or engineering publications. Calculations shall be certified by a professional engineer and submitted to staff for review regardless of method employed for calculating additional spaces needed. b. Each additional parking space must be designed to meet the most recent version of NCDENR's Stormwater BMP Manual's standard for permeable pavement or be shown that all stormwater from the additional spaces is treated using NCDENR's Stormwater BMP Manual's standard for bio- retention. c. Each additional parking space shall be located to the rear or side of the development. (4) All apartments and residential uses shall provide bicycle parking at a ratio of no less than five bicycle spaces per 100 automobile spaces. a. Bicycle parking shall be in the form of racks. b. Bicycle racks shall be secured to the ground on a hard surface such as concrete, asphalt, or pavers. c. Each bicycle space shall provide space for locking and maneuvering of the bike. d. At least four feet between parallel racks shall be provided for access. e. Bicycle racks located on sidewalks shall not interfere with pedestrian traffic or infringe upon the required sidewalk width. f. Bicycle racks shall be located no closer than five feet to any utility pole, fire hydrant, mailbox, street bench or furniture. g. Multi-family developments shall locate their required bicycle parking in a communal area accessible to all tenants. (5) The GFA for restaurants shall include outdoor seating areas, but shall not include the kitchen area, food preparation area, restrooms, or storage area. (Code 2003, § 30-274; Ord.PROOFS No. 11-09, § 4, 11-17-2011; Ord. No. O17-002, §§ 2, 3, 2-16-2017) Sec. 66-277. Design requirements. All parking facilities shall meet all of the following criteria: (1) Parking lots shall be designed to allow pedestrians to safely move from their vehicles to the building. This shall be achieved by providing a sidewalk at the perimeter of the lot or a pedestrian travel way within the parking area that channels pedestrians from the car to the perimeter of the lot or through the parking facility. Corridors may not encroach upon any drive aisle and shall be delineated by a paving material that differs from that of vehicular area or pavement markings. Any such access route shall be no less than five feet in width and shielded from automobile traffic by means of vertical curb six inches Page 405 of 424
in height or rows of bollards no more than four feet apart and four feet in height. No parking space shall be further than 120 feet (approximately two aisle and stall widths) from a pedestrian corridor. Pedestrian corridors shall not be required within parking lots that are required to have 24 parking spaces or less. (2) Paved with an asphalt or concrete paving material designed and installed to withstand the anticipated forces of the proposed use. Alternate paving materials may be permissible if they can be shown to withstand the anticipated force exacted on a parking lot. Such alternate paving materials shall not create additional dust or mud and are not prone to the formation of potholes. Parking lots shall be maintained in a manner so as not to create any undue nuisance as specifically prescribed in chapter 34 of this Code. (3) Parking facilities shall be marked according to MUTCD standards. If material other than concrete or asphalt is used, then wheel stops must be installed to delineate each space and preserve pedestrian walkways. Said wheel stops must be no less than five inches in height and able to stop the forward motion of a vehicle traveling at low speed. (4) Pedestrian access shall be provided from the street to the principal entrance of the development. This shall consist of at least one pedestrian travel way, with a paved travel surface a minimum of five feet in width and shielded from automobile traffic by means of vertical curb or bollard. Pedestrian travel ways shall not be required within parking lots that are required to have 24 parking spaces or less. (5) Where pedestrian travel ways cross vehicle travel lanes, the surface shall be marked in a manner that clearly designates pedestrian priority. Curbing shall be ramped and suitable for handicap access. (6) All pedestrian travel ways shall be free of barriers to persons with disabilities and in no case be used for anything other than pedestrian travel or accommodations. (7) Adjoining parking lots serving residential buildings shall be interconnected subject to the following: a. If adjoining property is undeveloped then site plans shall show an area of land reserved for future connection; b. Connectivity from residential parking lots to parking lots for multifamily uses is encouraged; c. The planning board may waive these connectivity requirements if lot depth, street layout, or other environmental constraints make said connection impractical. (8) At least one in every 25 parking spaces shall be designed for handicapped persons and/or drivers, with a minimum of one handicapped space per parking facility, including van accessible spaces. (9) At least one in every eight handicap designated parking spaces shall be designed to be van accessible with a minimum of one van accessible space per parking facility. (10) All required handicap spaces and adjoining ramps must meet the most current ADA standards as required by the state and federal agencies. (11) All off street parking facilities shall be graded for drainage of stormwater. (12) Off-street parking areas shall be designed so that parked vehicles do not encroach upon or extend onto public rights-of-way, sidewalks, or strike against or damage any wall, vegetation, utility, or other structure. (13) Lighting and equipment shall not interfere with street traffic and/or residential uses. Exterior light fixtures installed on the site shall not distribute light onto any adjacent property. (14) Off-street parkingPROOFS spaces shall not occupy any portion of the required minimum front yard in residential use developments. (15) Entrances and exits shall be shared when possible and located so as to minimize traffic congestion on adjoining streets. (16) All exits from off-street parking facilities shall be designed for forward vehicular motion. (17) Ingress and egress from streets shall be limited to one driveway for the first 300 linear feet of lot and/or parcel street frontage, one driveway for the next 200 linear feet, and one driveway for each 400 linear feet thereafter. Nonresidential driveways greater than 30 linear feet in width shall have a landscape Page 406 of 424
divider/median at least 20 linear feet in width and containing at least 280 square feet of permeable landscaped area. The maximum width of each driveway shall be 80 linear feet. Furthermore, driveways shall be designed in accordance with the most recent version of the town street design manual. (18) Any area adjacent to access points or internal intersections shall be kept free from visual obstructions, including parking stalls and signs within the sight triangle. (19) All parking facilities shall have an aisle between rows and shall have sufficient maneuvering space for turning, backing and otherwise avoiding collisions. (20) Off-street parking areas shall be designed to facilitate adequate movement and access by sanitation, emergency, and other public service vehicles without posing a danger to pedestrians or impeding the function of the parking area. (21) Parking facilities with direct access to or from a major thoroughfare, as defined in the most recently adopted version of the town collector street plan, may be required to provide acceleration/deceleration lanes, depending on the current and projected impact of the development on traffic flow. (22) Commercial retail developments containing more than 60,000 square feet of gross leasable area shall provide a separate employee parking facility containing no less than ten percent and no more than 25 percent of the required minimum parking spaces. The minimum size requirements prescribed in the following table shall apply to off street parking only. a. Minimum size requirements.
Angle of parking Stall Width Stall Length One-way Two-way Stall Depth (W) (L) Aisle Width Aisle Width (D) (A) (A2)
90-degree parking 9 9 20 24 18
60-degree parking 9 10.4 16 24 18
45-degree parking 9 12.7 12 24 18
Parallel parking 9 21.5 - -
The following graphic is intended to be a guideline for the table in this note: [GRAPHIC] b. No more than 30 percent of the parking spaces approved for a development shall be allocated for the use of compact or small cars. Compact or small car spaces shall conform to the following standards: 1. MinimumPROOFS stall size. The minimum stall size shall be 8 1/2 feet in width and 16 feet in length. 2. Striping and marking. All compact stalls shall be delineated with double striped yellow striping with 18 inches outside dimensions and marked in a manner to indicate the use for compact or small cars only. (23) All of the following design requirements shall be met for new apartment or condominium developments: a. Town staff must approve the traffic circulation within the apartment or condominium development. b. Access and street surfacing shall be adequate to provide for emergency services, deliveries and refuse collection. Pavement designs must have a minimum thickness of six inches of ABC base course and two inches of pavement surface. Page 407 of 424
c. Internal driveways and streets must have a minimum width of 22 feet of pavement. A minimum two-foot, six-inch concrete vertical curb and gutter shall be used. A two-foot, six-inch concrete valley curb and gutter may be used only if there is a minimum 48-inch separation between the back of curb and front edge of sidewalk. d. Sidewalks, as required, shall be constructed to a minimum width of five feet and shall consist of a minimum thickness of four inches of concrete and a minimum four inches of ABC base course. Sidewalks shall consist of a minimum of six inches of concrete and a minimum four inches of ABC base course at driveway crossings. (24) Parking lot landscape standards shall be determined by the requirements prescribed in section 66-281. Appendix A of this article. Once adopted, all parking lot landscaping standards shall meet the minimum design standards found in the town tree preservation ordinance. (25) All of the following design requirements shall be met for all new or reconstructed single-family residential homes, excluding those homes located in subdivisions with either a preliminary plat or site specific plan approved on or prior to May 19, 2016: a. Single-family residential dwelling parking should be side-by-side in nature on an off-street parking area. The off-street parking area can be part of or connected to a single-family residential lot's driveway with the same material construction. b. Off-street parking dimensions for each required parking stall on single-family or townhome lots shall be no less than nine feet wide by 18 feet deep. (26) New or reconstructed single-family residential dwellings located in subdivisions with a preliminary plat or site specific plan approved on or prior to May 19, 2016, shall have off-street parking dimensions for all required parking of no less than 18 feet by nine feet. (Code 2003, § 30-275; Ord. No. 11-09, § 4, 11-17-2011; Ord. No. 16-05 , §§ 1, 2, 3-17-2016; Ord. No. O17-002, § 4, 2-16- 2017) Sec. 66-278. On-street parking requirements. All on-street parking shall meet design standards as determined by the town TRC as guided by the town engineer and town manager until such time that the town street design manual has been reviewed and adopted. (Code 2003, § 30-276; Ord. No. 11-09, § 4, 11-17-2011) Sec. 66-279. Loading requirements. (a) All provisions for loading and unloading to and from vehicles shall be made entirely upon the lot and parcel being developed. (b) No off-street loading/unloading space shall be sized so that any reasonable anticipated vehicle utilizing the space will protrude into any required parking space and/or street right-of-way. (c) Parking stalls allocated for loading areas shall be a minimum of 12 feet by 25 feet. (d) Loading areas shall be located in the rear yard. (e) Off-street loading and unloading areas shall be located so that interference with traffic on streets is minimized. (Code 2003, § 30-277; Ord.PROOFS No. 11-09, § 4, 11-17-2011) Sec. 66-280. Exemptions. (a) Notwithstanding the forgoing, the TRC may modify the required parking drive/aisle and parking module (the combined dimension of two parked vehicles and the aisle between) dimensions based upon the minimum parking drive/aisle and parking module dimensions recommended by the Urban Land Institute using factors that include, but are not limited to, the acceptable minimum level of comfort for the turning movement; the ease of maneuverability into and out of spaces; site location; site dimensions; site constraints such as trees, power poles, buildings, or other natural or manmade structures; surrounding streets; and traffic flow. Page 408 of 424
(b) The required parking set forth in this article for any number of separate uses may be combined in one lot, but the required parking space assigned to one use may not be assigned to another use, except that one-half of the parking spaces required for churches, theaters or other uses the peak attendance of which will be at night or on Sundays may be assigned to a use which will be closed nights or on Sundays. (c) Detached single-family residential dwellings located more than 50 linear feet from the nearest public street right-of-way are exempted from the requirements of section 66-275, provided the first 25 linear feet of driveway, a minimum of nine feet in width, is paved contiguous to the street. The requirements for providing a concrete sidewalk shall not apply to remodeling, additions and/or accessory building construction. (d) The restoration or rehabilitation of an existing building shall not require the provision of parking spaces in addition to the number of spaces existing. Existing parking requirements that exceed those for this article may be reduced. However, once cessation, as defined in section 66-337(f), has occurred the applicant for any restoration or rehabilitation project shall be required to provide the following documentation, showing that all of the following are met: (1) Off-street parking areas shall be designed to facilitate adequate movement and access by sanitation, emergency, and other public service vehicles without posing a danger to pedestrians or impeding the function of the parking area. (2) All exits from parking facilities shall be designed for forward vehicular motion. (Code 2003, § 30-278; Ord. No. 11-09, § 4, 11-17-2011) Appendix a. . Sec. 66-281. Parking lot tree planting requirements.79 All new or expanded parking areas must comply with the following tree planting requirements. In order to meet the parking lot planting requirements, required canopy tree areas shall be located within the parking lots and adjacent to parking spaces, inside medians at the end of parking bays, or tree islands and shall adhere to the following: (1) All trees shall be a minimum of 2.5 inches in caliper and at least eight feet in height above ground level at time of installation, and shall have an expected mature height of at least 30 feet. (2) All parking lots over 12 parking spaces must provide a minimum of 35 percent canopy cover or one tree per every 15 parking spaces, whichever results in more trees. For example, a parking area of 12,000 square feet x 0.35 = 4,200 square feet. To achieve this 4,200 square feet, the applicant will be given tree canopy credits in the following manner: a planted large maturing tree shall be counted as equivalent to 1,600 square feet of canopy; a medium maturing tree shall be counted as the equivalent of 900 square feet of canopy; a small maturing tree shall be counted as the equivalent of 400 square feet of canopy. (3) Parking lots containing over 250 parking spaces shall provide at least half of the required 35 percent canopy cover with large trees. (4) A mix of tree species shall be provided for rows of parking spaces over ten and provide a minimum of three types of tree species. (5) A minimum size planting island shall be provided for different size of trees. (6) Small trees shall have a minimum planting island of 162 square feet with a minimum width of nine feet. (7) Medium maturingPROOFS trees shall have a minimum planting island of 225 square feet with a minimum width of nine feet. (8) Large maturing trees shall have a minimum planting island of 288 square feet with a minimum width of
79 Legal Analysis: Code 2003, ch. 30, app. A. Parking lot tree planting requirements. Will make this a section in the zoning code, rather than an appendix and will revise references. OK per 6/5/17 conference. Page 409 of 424
nine feet. (9) Planting islands that serve to break up every 15 parking spaces shall be a minimum of 162 feet with a minimum width of nine feet. (10) Developers shall have the option of small, medium or large canopy trees so long as 25 percent of the trees provided are large trees. (Code 2003, ch. 30, art. VIII, app. A; Ord. No. 11-09, § 5, 11-17-2011) Secs. 66-282--66-310. Reserved.
ARTICLE IX. SUPPLEMENTAL REGULATIONS Sec. 66-311. Class A, B and C mobile and manufactured home parks.80 (a) General requirements. (1) All class A, B and C manufactured homes must be skirted so that no area beneath the home is visible from any direction (see the definitions of the terms "manufactured home, Class A," "manufactured home, Class B" and "manufactured home, Class C" in section 66-4). (2) All mobile and manufactured homes must have a skirt as described in the definitions of the terms "manufactured home, Class A," "manufactured home, Class B" and "manufactured home, Class C" in section 66-4. The skirt must be placed around the bottom of the mobile or manufactured home within 90 days of receiving the occupancy permit. (3) Manufactured homes may be occupied as a temporary office of a supervisor on the premises of a construction job in any zoning district and may be used as a temporary residence or office of a guard or a night watchman during construction on any property, as long as the use is limited to such purposes and it conforms to county sanitation requirements, and the manufactured home is removed within 30 days after it ceases to be so used. (4) All units must meet the blocking and tiedown requirements of the state building code. (b) Age limitation. Notwithstanding any other provision of this Code, no manufactured home that is more than 15 years old shall be brought into the town and placed on a lot. after the effective date of the ordinance from which this chapter is derived. (Code 2003, § 30-311; Ord. No. 02-21, § 1(19.131), 6-20-2002; altered in 2018 recodification) State law reference—Zoning regulations for manufactured homes, G.S. 160A-383.1. Sec. 66-312. Off-street parking and/or storage of certain vehicles. (a) Mobile homes. (1) The off-street parking or storage of any mobile home shall be prohibited in any district, except an area established for sales, servicing, maintenance and/or manufacturing of mobile or manufactured homes. (2) No mobile home, trailer, house trailer or camper, as defined in section 66-4, shall be parked within the corporate limits of the town or its extraterritorial jurisdiction and used for any purpose unless otherwise specified in the permitted uses in this chapter and complies with all requirements and guidelines within such zoning district. (b) Commercial trailers.PROOFS A commercial trailer or semitrailer over 16 feet maximum in length shall not be parked or stored in any residential or O&I district, except in an enclosed building. Such regulation shall not be interpreted to prohibit the loading and unloading of commercial trailers in any such district. (c) Commercial vehicles. One commercial vehicle with a manufacturer's rating of not more than one 10,000
80 Legal Analysis: Code 2003, § 30-311. Class A, B and C mobile and manufactured home parks. Deleted effective date language as not needed. OK per 6/5/17 conference. Page 410 of 424 pounds gross vehicle weight may be parked on any lot containing a principal building, provided that such vehicle is parked off the street and is used by a resident of the premises. In all other cases, the parking of a commercial self- propelled vehicle in any residential district is prohibited. Such regulation shall not be interpreted to prohibit commercial vehicles from loading or unloading in any residential district. (d) Recreational vehicles. Parking or storage of major recreational equipment may be permitted in accordance with the following conditions: (1) Such equipment shall be parked or stored behind the portion of the principal building closest to the street unless it is stored in a garage, carport or accessory building; provided, however, that parking shall be permitted any place on the premises or on adjacent streets, if otherwise lawful, not to exceed 24 hours during loading and unloading. (2) No such equipment may be parked or stored in any side yard not adjacent to a street if such equipment exceeds six feet in height above the ground; provided, however, that masts, antennas, vent stacks, windshields or other minor accessories may exceed such height limit. (3) Equipment exceeding the limitations set forth in subsection (d)(2) of this section may be parked or stored outdoors only in the rear yard. Any equipment so stored shall be subject to the requirements set forth in section 66-229 for accessory buildings. (4) No such equipment parked or stored on a residential lot shall be in such location for living, sleeping, housekeeping or business purposes. (Code 2003, § 30-312; Ord. No. 02-21, § 1(19.132), 6-20-2002) Sec. 66-313. Planned unit developments. (a) Minimum size. A planned unit development (PUD) shall be located on a site containing at least ten contiguous acres. (b) Phases of development. The planned unit development may be developed in phases or sections as long as the phases are shown on the initial approved plat plan and assurance is provided of continuity of development and completion of the planned unit development. (c) Design standards. Planned unit developments are exempt from the town's subdivision regulations, but shall comply with the following standards: (1) Maximum ground coverage. Maximum ground coverage by all structures shall not exceed 40 percent of the gross site area. The term "gross site area" means the total land area as shown on the master land use plan. If the scope of the project is of a magnitude that it requires that the PUD be completed in phases, then the maximum ground coverage standard shall not apply to the individual phases, but only to the total land area as shown on the master land use plan. (2) Setback and height restrictions. No building erected in any PUD district shall exceed 40 feet in height, except as otherwise permitted in this chapter. No building shall be erected, reconstructed, altered or moved within 25 feet of the property line such building faces, except in patio home developments where 25 feet shall be reduced to 15 feet from the edge of the street right-of-way. No building shall encroach upon the right-of-way of a publicly maintained street, a proposed thoroughfare shown in an officially adopted thoroughfare plan, or a private vehicular or pedestrian way in common ownership. (3) Minimum building separation. Minimum building separation shall be ten feet and shall be measured from the face of structures,PROOFS provided, that roof overhangs, eaves and projections of 18 inches or less from the face of the structure shall be allowed to project into the setback area. In no case shall a structure be located closer than three feet to any lot line. (4) Streets/internal trafficways. a. A basic characteristic of a PUD is that the internal circulation paths or streets do not follow fixed linear geometric lines as do most streets, but instead are curvilinear and of a meandering character for protection of tree and landscape specimens by going around them and for deliberate slower paced traffic movements, making generous use of such features as private restrictions for extremely Page 411 of 424
low speed limits. b. Creative design of trafficways is encouraged. Planned unit developments must adhere to the subdivision design standards for drainage and paving as set forth in chapter 50 of this Code. Street widths and rights-of-way must adhere to the design standards set forth in chapter 50 of this Code. (5) Ensured recreation/open space. a. In any PUD district, a minimum of five percent of the total land area shall be reserved as open space. Any area or segment of land less than eight feet in width may not be included in calculating the minimum open space reservation unless such land is clearly a part of an open space system, such as a pedestrian walkway. No parcels containing less than one-half acre shall be accepted. All land so ensured shall have at least 20 feet of access upon a public street or walkway; and the size, shape, topography and sub-soils of the dedicated land shall be such as to be usable for active recreation. b. A minimum of 25 percent of the required open space shall be developed for active recreational purposes, such as tennis courts, ballfields or playgrounds. Special considerations shall be given for golf courses. Ten percent of the golf course area may be computed as active recreational area and count towards the fulfillment of the active recreational area requirements. In order for a golf course to qualify as an active recreational area, it must be open to the general public. User fees may be charged, but golf courses with exclusive memberships (those that require initiation fees, dues and/or member sponsorship) will not be computed as an active recreational area. Such recreation area shall be conveniently and centrally located to the housing units. Building areas for recreational facilities may be computed as open space. c. Provisions for continuous maintenance of open space, specifically including that developed for active recreational purposes, shall be made by the developer either through proposed dedication to the town, if acceptable, or through the establishment of a private homeowners' association. d. Criteria for evaluating suitability of proposed recreation, parks and open space areas shall include, but are not limited to, the following as determined by the planning board, in consultation with the town recreation council member: 1. Unity. The ensured land shall be a single parcel except where it is determined that two or more parcels would be in the public interest. The planning board may require that parcels be connected and may require the dedication of a connecting path of up to 60 feet in width and in no case less than 30 feet in width in addition to the land required in subsection (a) of this section. 2. Location. The ensured land shall be located so as to serve the recreation needs of the immediate neighborhood within the subdivision. 3. Accessibility. Public access to the dedicated land shall be provided either by an abutting street or public easement. Such easement may be required to be up to 60 feet in width and shall in no case be less than 30 feet in width. 4. Usability. The ensured land shall be usable for active recreation (play areas, ballfields, tennis courts, or similar recreation uses). Lakes may not be included in computing the amount of land to be dedicated unless acceptable to the planning board. If the planning board determines thatPROOFS active recreation needs are being met by other dedicated parcels or existing recreation facilities, land that is suitable for open space may be dedicated. 5. Adjustments authorized. The town council may, in cases of unusual or exceptional nature, allow adjustments in the dedication requirements established in or required by this article. Such adjustments shall be reviewed by the planning board before action by the town council. 6. Easements. Conservation and historic preservation easements shall comply with G.S. 121-34- 42 et seq. All facilities and improvements and open spaces which the owner makes an offer of dedication to public use shall be maintained by the owner until such offer of dedication is Page 412 of 424
accepted by the appropriate public authority. (6) Transitional use area. a. In order to ensure compatibility with adjoining land uses and districts, a transitional use area, 50 feet in depth, shall be required in areas where residential uses abut commercial or industrial uses. 1. Where the exterior property lines of a PUD district are adjacent to residential uses, only residential uses may be permitted within the transitional use area. 2. Where residential uses abut commercial uses, the transitional use area shall be a buffer zone and meet the standards for buffer zones as defined by this chapter. b. A transitional use area shall not be required when the abutting uses are both commercial in nature or commercial abutting industrial zoned properties. (7) Commercial signs. Commercial signs shall be governed by chapter 42 of this Code. article XI of this chapter. (8) Residential development signs. a. Residential development signs shall display the name of a residential subdivision or neighborhood. Such signs shall not include the name of any builder, contractor, realtor or other person or business associated with the construction/sale of homes within the development; instead, only the name of the development shall be displayed. Residential development signs shall not exceed an overall size of 75 square feet, nor a height of eight feet, exclusive of any ornamental support structures. Only two residential development signs shall be permitted per entrance of a PUD. The combined total sign area for one or more residential development signs shall not exceed one square foot per lot within the PUD as shown in the site specific plan. b. The applicant shall submit a scaled drawing of one inch equals one foot of each residential development sign. If all residential development signs are to be the same, then only one drawing for each different sign shall be submitted. The applicant shall submit a written description of how the residential development signs will be maintained. (9) Utilities. a. Water and sewer systems meeting state and local requirements are to be provided. b. Provision of service to each housing unit, or nonresidential unit or structure by public utilities for electric and telephone shall be exhibited on the plan and certified by the provider. Adequate easements for ingress and egress for maintenance of the utilities shall be provided. All utilities shall be underground. c. Package treatment systems. Where a municipal wastewater treatment system is not available according to town policies, package wastewater treatment plants, approved by the state department of environment and natural resources, may be considered for approval under the following conditions: 1. The proposed plant is located within a planned unit development (PUD) greater than 1,000 acres in size. 2. The owner/operator can demonstrate to the satisfaction of the town that the plant is designed andPROOFS operated in a manner that results in no degradation of surface water or groundwater quality. 3. The collection system meets the material and installation standards of the town. 4. The system shall be operated and maintained according to town policy. 5. The system may be inspected at any time deemed necessary by the town. (10) Off-street parking. In residential areas, off-street parking shall be provided at a ratio of two spaces per dwelling unit. Commercial areas shall adhere to the off-street parking requirements set forth in article VIII of this chapter except civic operations centers, as defined in section 66-4, are subject to the Page 413 of 424
provisions listed in section 66-162, note 22. (11) Density limitation. a. Average development density shall be chosen prior to application for rezoning and shall be designated on a master land use plan for the project. The maximum density shall not exceed six dwelling units per acre. In computing the dwelling units per acre, the total land area shall be used, minus any areas that are to be designated as commercial, recreational or open space uses. b. Ecologically sensitive lands, such as marsh, Carolina bays, pocosins and swamps, when in the ownership of the owner/applicant, are to be preserved, whenever possible, for the public interest. For such lands, full density credit is to be applied as long as such areas are left undisturbed. If the lands are developed, then only half of the density credit will be given. (d) Elements. (1) Planned unit developments shall contain the following two elements for planning board approval: a. A master land use plan of the proposed planned unit development; and b. A site specific plan for each development phase within the planned unit development (referred to in this section as the "site specific plan" or the "site plan"). (2) The site specific plan shall be shown on a plat which, following approval as set forth in this chapter, shall be recorded in the office of the county register of deeds. The approved site specific plan shall contain the following language: "Approved as a PUD site specific plan in accordance with the ordinances of the Town of Leland, North Carolina." (3) Before site specific plat approval is issued, a property owners' association and/or declaration of condominium, guaranteeing adequate maintenance and continued operation of all ensured open space and other private service facilities, shall be filed with the town. (e) Procedural requirements for establishment of PUD districts and projects. (1) Master land use plan. a. Purpose. The master land use plan (referred to in this section as the "LUP") is intended to be the primary supporting proof, and shall demonstrate, when considered in its entirety or by its separate components, if the proposed PUD district is established and developed, that the purposes of this chapter and this section are met. b. Criteria for review by the planning board and town council. In reviewing the LUP and making recommendations thereon, the planning board and town council shall consider and be guided by the following criteria: 1. The compatibility of the proposed project with the surrounding districts and land uses; 2. The effectiveness of the proposed project in providing more economical and efficient use of land; 3. The effect of the proposed project on the ability of the town to provide public facilities or services; 4. ThePROOFS effectiveness of the proposed project in providing and preserving open space, the scenic quality of the site and recreational opportunities; and 5. The degree to which the project will provide a more desirable development and living environment than would be possible under conventional district requirements. c. Application submittal. 1. A preapplication conference between the applicant and the code enforcement officer shall occur prior to any presentation to the planning board. Any effort to secure the conference is the sole responsibility of the owner/applicant. The primary purpose of the conference is to Page 414 of 424
provide assistance and guidance to the applicant for the swift and most comprehensive review of the proposed planned unit development. To ensure an equal understanding, the conference will provide a mutual exchange of basic information that is needed to facilitate and clarify the requested review process for all planned unit developments. 2. Once the preapplication conference is complete, the applicant will prepare a master land use plan (LUP) of the entire planned unit development. The applicant will complete the master land use plan compliance sheet as a requirement of the application. d. Contents. In addition to the information required in the application for rezoning, the LUP shall include the following: 1. A map, drawn to a scale of not less than one inch equals 100 feet, showing the approximate location, size and arrangement of existing and proposed: (i) Open space areas, and active and passive recreational areas; (ii) Buffer zones and transitional use areas; (iii) Neighboring land uses and zoning districts; (iv) Systems and easements for water, sewer and drainage; (v) Streets, sidewalks and parking lots; (vi) Vehicular and pedestrian circulation systems; (vii) Structures, buildings, roads, easements and land uses; (viii) Order of development of areas to be developed in sequential order; (ix) Vegetation; (x) Nonresidential land uses, buildings and structures; (xi) All single-family and/or multifamily dwelling units; (xii) Commercial areas. 2. Any covenants creating a homeowners' association. The covenants shall be filed with the town. The town will not be responsible for any enforcement, regulation, review or endorsement of covenants that create a homeowners' association or any of the subsequent regulations created by the homeowners' association. e. Approval and rezoning application. A PUD district may be established only after amendment to the official zoning map under the same procedural requirements and standards of review as any other rezoning application; provided, however, that the following additional standards and procedures shall apply to PUD district applications: 1. Twelve copies of a master land use plan, as described in subsection (e)(1)d. of this section, shall be submitted to the code enforcement officer with the rezoning application; 2. The planning board, after review of the LUP and application, shall submit its recommendation to the town council; 3. The town council shall, after consideration of the application, the LUP, the recommendations of PROOFSthe planning board and the criteria set out in this section, either approve or disapprove the plan and application. (2) Site specific plan. a. Purpose. 1. If the planned unit development is of a size that it must be completed in phases, it is the responsibility of the applicant or owner to present to the code enforcement officer for approval site specific plans of each phase, prior to development of the phase. A site specific plan is intended to ensure that a proposed PUD development is actually constructed and developed Page 415 of 424
in accordance with the approved LUP. 2. The applicant or agent will be presented with a planned unit development compliance sheet to assist with the completion of the site specific plan in a more accurate and efficient manner. b. Criteria for review by the planning board and town council. In reviewing a site plan, the planning board and town council shall consider and be guided by the following criteria: 1. The degree to which the proposed site plan actually implements the LUP; 2. The effectiveness of the proposed site plan in meeting the established criteria; 3. The effectiveness of the proposed site plan in promoting the purposes of this chapter and this section. c. Contents and forms. The site specific plans are in more detail and must comply with the following criteria: 1. They shall be drawn to a scale of not less than one inch equals 100 feet; 2. They must be prepared and certified by an architect, landscape architect, engineer or land surveyor registered in accordance with the laws of the state; 3. They will be drawn accurately enough to permit any point on the plans to be readily identified on the ground; 4. Thirteen copies shall be submitted to the code enforcement officer. d. General requirements. Site specific plans shall indicate the following: 1. The boundary of the property by courses and distances, area and present zoning of the tract. 2. The names of abutting recorded subdivisions, and owners and present uses of all abutting properties. 3. Widths and names of abutting streets and alleys. 4. All tracts of land (lots) and an average lot, indicating the average lot size, building position and driveway connection. All streets, alleys, public easements and private easements shall be shown. Parcel dimensions, both linear and angular, for locating boundaries of the tract are not necessary at this stage because they will be required to be shown on the final plat that is to be recorded at the county register of deeds. 5. Date, north arrow, scale and number of sheets. 6. Name and address of the owner of the tract and the name of the applicant. 7. All building restriction lines, highway setback lines, easements, covenants, reservations and rights-of-way. 8. Existing topography, with a maximum of two-foot contour intervals. 9. Soil types and geology of the site. 10. Name, address, signature and registration number of the professional preparing the plan. e. Existing improvements and features. The following existing improvements and features shall be shown onPROOFS site specific plans: 1. Sidewalks, streets, alleys and easements. 2. Buildings and structures. 3. Driveways, entrances, exits, parking areas and loading spaces. 4. Sanitary sewer systems. 5. Water mains and fire hydrants. 6. Gas, power, telecable and telephone lines. Page 416 of 424
7. Recreation areas. 8. Storm drainage systems, including natural and artificial watercourses. 9. Limits of floodplains. f. Proposed improvements. All proposed streets and alleys, and the boundaries of all other portions intended to be dedicated to public use shall be shown on the site specific plan. g. Buildings and structures. Buildings and structures shall be shown on the site specific plan and the following shall be indicated on such plan: 1. Number of dwelling units. 2. Driveways, entrances, exits, parking areas and loading spaces, including the total number of parking and loading spaces at all commercial buildings. 3. Sanitary sewer systems. 4. Water mains and fire hydrants. 5. Gas, power, telecable and telephone lines. 6. Recreation and open space areas. 7. Plans for collecting and depositing stormwater and the method of treatment of natural and artificial watercourses, including the delineation of any proposed limits of floodplains. h. Required improvements. Easements and rights-of-way for all facilities to be publicly maintained shall be shown on the site specific plan, provided that each easement shill be clearly defined for the intended purpose. (3) Approval of site specific plan and issuance of building permits. No construction, excavation or clearing shall be commenced or any building permit issued within any PUD district which does not conform to an approved site plan. The procedures for approval of a site plan are as follows: a. A site specific plan shall be submitted to the town for approval following approval of the LUP and zoning amendment by the town council. Following submission of the site specific plan to the town, the code enforcement officer will schedule a planned unit development review session with the applicant or owner. b. The purpose of the review session is to ensure that the site specific plan meets all the requirements of this chapter and any other applicable town, state and federal ordinances, regulations or statutes. After the code enforcement officer has determined that the site specific plan complies with the provisions of this chapter, the site specific plan will be forwarded to the planning board for its review. c. After holding a public hearing, the town council may approve or disapprove the site plan. d. If the scope of the project is of a magnitude that it requires that the PUD be completed in phases, then the site plan for the first phase shall be submitted for review to the planning board after the town council's approval of the LUP and amendment to the official zoning map. e. After approval by the town council, one Mylar map showing the approved site specific plan will be provided to the code enforcement officer, together with a check payable to the town in an amount equal toPROOFS the greater of $3.00 for each lot shown on such map or $25.00. After review of such map by the code enforcement officer, the code enforcement officer will advise the applicant or owner that the map is acceptable and the applicant or owner will be responsible for recording one Mylar map in the office of the county register of deeds. No construction or work of any kind on the site may commence until the map has been recorded in the office of the county register of deeds. f. If the proposed planned unit development is to be completed in one initial phase, the applicant or owner may submit an LUP that contains all of the elements of the site specific plan as set forth in subsection (e)(2) of this section. Page 417 of 424
g. If any modifications are made to the site specific plan, the code enforcement officer will then follow the specific conditions specified in subsection (f) of this section. h. The applicant or owner must complete these steps each time a new phase of a planned unit development is to begin construction or any time that modifications are made. (4) Authority to impose conditions and modify LUP and site plan. In order to promote the purposes of this chapter and this section, the town council is authorized to impose such reasonable conditions, make reasonable modifications or require additional information that it may reasonably need prior to approval of any LUP. The town council may impose such reasonable conditions, make reasonable modifications or require additional information that may be needed prior to approval of any site plan. (f) Amendments to master plan and site specific plans. Any and all amendments to the master plan and/or site specific plans for the planned unit development shall be subject to the following review procedures: (1) Approval by the code enforcement officer is required for the following: a. Changes which result in a decrease in assigned density for a specific parcel, either residential or nonresidential. b. Change in land use designation from multifamily to single-family or a change from any other use to open space/passive recreation. (2) Approval by the planning board and town council is required for the following: a. Applicants for special exception amendments to master plans shall submit all information as required for a special exception request. Once an amendment to a master plan is approved, the applicant shall provide to the planning board an amended copy of the master plan for the official record. b. Change in land use designation to increase density for the master plan or site specific plan. (g) Commercial use. Commercial use within a planned unit development is permitted as long as the PUD contains at least 20 acres. The developer may designate an area not greater than five percent of the total acreage for commercial use. Commercial use must be designed and located to serve primarily the planned unit development. Commercial uses shall not access directly on a street outside the planned unit development without a special use permit. Retail sales and professional offices/institutions will be permitted. Outdoor sales, outdoor storage type uses and industrial type uses will be prohibited. All outdoor advertising signs will be considered part of the commercial use within the planned unit development. (Code 2003, § 30-313; Ord. No. 02-21, § 1(19.134), 6-20-2002; Ord. No. 03-04, § 1, 1-16-2003; Ord. No. 06-17, §§ 1, 2, 6- 15-2006; Ord. No. 07-10, § 1, 8-16-2007; Ord. No. 10-14, § 2, 11-18-2010; Ord. No. 11-07, § 3, 8-19-2011; Ord. No. 15-14, § 2, 9-17-2015; Ord. No. 16-10 , § 1, 7-14-2016) Sec. 66-314. Yard sales. (a) Yard sales shall be permitted in all zoning districts, subject to the provisions of this chapter. (b) Yard sales conducted at commercial establishments shall only be conducted by nonprofit organizations for nonprofit causes. The entity conducting a yard sale at a commercial establishment must have written permission to conduct such sale from the commercial establishment in its possession and available for inspection at all times during the sale. (c) Yard sales conductedPROOFS at commercial establishments and residences shall be limited to not longer than two consecutive days. No more than one yard sale, of up to two consecutive days, shall be conducted on any residential lot or commercial establishment and regardless of length, shall take place no more than once per calendar month. (d) If a yard sale extends for two consecutive days as permitted in subsection (c) of this section, all merchandise shall be removed from the sales location at 6:00 p.m. on the day of the first sale and may not be relocated to the sales location prior to 6:00 a.m. on the second day of such sale. (e) Yard sales shall be conducted so as to not impede or interfere with the flow of traffic on any adjacent or surrounding street or right-of-way. Page 418 of 424
(f) Any entity conducting a yard sale, other than one conducted by a resident at his home, shall apply for, and obtain, a permit from the code enforcement officer before conducting such sale. The application for the permit must be submitted to the office of the code enforcement officer at least 24 hours before the start of the sale, and no later than the close of business on the preceding Thursday for sales to be held on Saturday or Sunday. The application shall identify the name of the organization conducting the sale; the address and owner of the location where the sale is to take place; the date and hours of the sale; and the name, address and telephone number of the contact person for the organization conducting the sale. The permit so issued must be displayed in a conspicuous location at the place of the sale during all sales hours. (Code 2003, § 30-314; Ord. No. 02-21, § 1(19.135), 6-20-2002; Ord. No. 12-07, § 1, 8-16-2012) Sec. 66-315. Performance development standards for R-6 district. (a) Density standards and setbacks required in the R-6 district may be amended as set forth in this section for a newly developed subdivision that provides the following infrastructure and meets the following requirements: (1) Provides: a. Paved roads. b. Curb and gutter. c. A municipal or community water system. d. A municipal sewer system. e. Underground utilities. f. Streetlights. (2) Contains undivided areas designated as open space that are available for all owners of property in the subdivision. (3) Homeowners are members of a homeowners' association. (4) Minimum size of the subdivision is five acres. (b) For the subdivisions meeting the requirements set forth in subsection (a) of this section, a density limit of seven units per acre shall apply in lieu of individual minimum lot sizes. Setbacks and lot criteria shall be as follows: (1) A 25-foot setback shall apply between any building or structure constructed within the subdivision where such subdivision adjoins a different zoning district. (2) Front yard setback shall be 15 feet. (3) Setback between structures shall be ten feet and shall be measured from the face of the structures, provided, that roof overhangs, eves and projections of 18 inches or less from the face of the structure shall be allowed to project into the required setback area. (4) Minimum lot width for individual structures shall be 40 feet. (Code 2003, § 30-315; Ord. No. 02-21, § 1(19.136), 6-20-2002; Ord. No. 04-36, § 1, 11-18-2004) Sec. 66-316. Transportation impact analysis. (a) Purpose. The purpose of a transportation impact analysis (TIA) is to assess the impact of a proposed development, redevelopment,PROOFS or zoning map amendment, on the town's transportation system. A TIA will: (1) Evaluate existing conditions and future impacts of a proposed development on the transportation system; (2) Identify existing or impending problems with the transportation system; (3) Delineate solutions to identified problems; and (4) Assign responsibility for the necessary improvements to mitigate potential adverse effects on the transportation system. (b) TIA required. Development applications for a map amendment, planned unit development, site plan, or Page 419 of 424 a subdivision that meet the following criteria shall conduct a TIA prepared in accordance with the standards in this section: (1) Generally. Any new development, redevelopment or expansion anticipated to generate more than 100 trips (including pass-by and internal capture trips) during any peak hour period on the surrounding roadways (between 7:00 a.m.—9:00 a.m. and 4:00 p.m.—6:00 p.m.) upon completion of all or a portion of the development. In the case of currently developed property, a net increase of 100 peak hour trips will require the completion of a study. (2) Localized safety and capacity conditions. Any development or redevelopment, regardless of the expected trip generation levels, when the town determines there are or may be: a. Current traffic problems in the area of the proposed development, such as high-hazard crash locations, confusing traffic patterns, or an intersection that warrants additional traffic control as determined by the town or NCDOT; b. Significant impact to current or projected levels of service of the roadway in the vicinity of the development; c. An inability of the adjacent, existing, or proposed roadway system to handle increased traffic, or an inability to improve the roadway system to handle increased traffic; d. Close proximity to a project identified on the statewide transportation improvement program; or e. Other specific problems or deficiencies that may be affected by the proposed development or the traffic impacts of the development to be satisfactorily accommodated (i.e., driveway orientation and/or location, vertical/horizontal curvature, circulation patterns, potential vehicle queuing issues). (3) Pre-submittal conference required. Any applicant required to complete a TIA shall conduct a pre- application conference with town staff and the traffic engineer selected to prepare the TIA. a. The pre-application conference shall establish the study area, the trip distribution, the traffic counts to be utilized, approved developments in the area, pass-by and internal capture percentages, additional hours of analyses, if required (other than a.m. and p.m. peak hours), and resolve any other questions specific to the site. b. The engineering firm shall submit a scope of work to the town within ten working days of the pre- application conference. c. Prior to any work commencing on the TIA, the applicant shall submit the necessary fee as set forth in the fee schedule adopted by town council. (4) Required TIA contents. a. A licensed engineer registered to practice in the state shall prepare the TIA. The engineer shall have traffic assessment and transportation management experience. b. The engineer shall submit five copies of the TIA report to the town, which shall include, at a minimum, the following information: 1. Study purpose and objectives. 2. Description of the site and study area boundaries, including appropriate mapping and the rationalePROOFS for selection of the study area boundaries. 3. A summary of existing conditions, including, but not limited to: surrounding street and key intersection traffic volumes (daily and peak hour), turning movements, and capacities, safety deficiencies and funded transportation improvements. 4. Anticipated or approved development in the area. 5. Trip generation and distribution. (i) Trip generation estimates shall be based on trip generation rates contained in the latest edition of Trip Generation published by the Institute of Transportation Engineers (ITE). Page 420 of 424
The applicant shall also provide the ITE code and methodology used to calculate proposed trip generation estimates. Estimates completed without the guidance of ITE trip generation manual must be justified and agreed upon by all parties involved in the TIA process; (ii) Pass-by trip factors and assumptions; (iii) Internal trip assumptions for mixed use developments; (iv) Trip distribution assumptions complete with diagrams. 6. Future projections. Projection of future traffic volumes and assessment of future roadway and intersection operating conditions for the year of the ultimate completion of the project. All projections should specifically document projected background traffic as well as the traffic generated by the proposed development. If the project is to be phased, projections for each phase of the development are required. If the un-phased build out period of the project is greater than nine years, then a minimum of one intermediate and one full build out impact projection is required. All projections and assessments should include the following three scenarios: (i) No-build; (ii) Maximum possible development under existing use or zoning. Applicant shall conduct assessment of project phasing. The impact of the development of a particular phase is not to be compared with the total possible build out of the entire project location; and (iii) Proposed development. 7. Generalized peak hour and/or daily link level of service (LOS) analysis. Using the peak hour directional volumes and daily traffic volumes forecast and service thresholds, a general evaluation shall be made of the street system for the short-term and long-term horizon years. If the project is to be phased, then an assessment of conditions after the completion of each phase of the development is required. Incremental differences attributable to the land use action shall be identified. A map showing generalized levels of service shall be presented for each design year. 8. Access analysis. The design, number, and location of access points to collector and arterial roadways must be fully analyzed. The number of access points shall be kept to a minimum and designed to be consistent with the type of roadway facility. Access analysis shall include a strip crash, intersection crash analysis and bicycle/pedestrian analysis. 9. Intersection analysis (signal warrant analysis, phasing analysis, intersection crash analysis and progression analysis). The appropriateness of the development's access locations and type must be established. For full-access locations, a signal warrant analysis based on the Manual on Uniform Traffic Control Devices must be conducted for each design year. Traffic signals specifically warranted by the land use action shall be identified. 10. Peak hour intersection level of service. An a.m. and p.m. peak hour intersection LOS analysis shall be conducted for each intersection, based on procedures specified in the most recent release of the Highway Capacity Manual. Levels of service for signalized intersections shall bePROOFS based on the signal timings developed for the signal progression analysis. 11. Turn lane storage requirements. Turn lane storage needs shall be identified for the warranted situation, based on projected turning volumes and NCDOT analytic techniques. Appropriate documentation of the calculations must be provided. 12. Sight distance. The adequacy of sight distance at all entrances and internal intersections shall be evaluated. 13. Appropriateness of acceleration or deceleration lanes. All proposed access points on arterials shall be evaluated to determine the need for acceleration lanes or deceleration lanes, with justification and basis provided for recommendations. Page 421 of 424
14. Pedestrian and bicycle analysis. Continuity and adequacy of pedestrian and bike facilities shall be provided to the nearest attraction (existing or planned) within a one-quarter-mile of the development site. Destinations of significance include bus stops, elementary schools, parks, activity centers and major bicycle facilities. Adherence to the Americans with Disabilities Act (ADA) and American Association of State Highway and Transportation Officials AASHTO standards shall be required. 15. Public transportation analysis. Existing and proposed (if any) public transportation facilities analysis shall be provided. 16. Special analysis/issues. The town may require specific focused traffic analyses relative to the proposed development. 17. Recommendations for improvements. Recommendations for site access and transportation improvements or mitigation measures needed to maintain traffic flow to, from, within and adjacent to the proposed development at an acceptable and safe level of service (generally assumed at LOS D or better). Any recommendations for roadway improvements should identify funding sources for these improvements. 18. Collected data. Data collected for the study shall be made available to the town for evaluation of the study conclusions. The format for data submission as well as format for data to be provided to the town will be determined at a pre-consultation meeting between the applicant and town. (5) Review process. a. The town, WMPO, and NCDOT, as appropriate, will review and may comment on the draft TIA submitted for the proposed development. When necessary, the draft TIA report may be forwarded to the NCDOT Congestion Management Section or other applicable NCDOT sections for review and comment. b. The town, WMPO, and NCDOT, as appropriate, may request clarification and further analysis of the impacts considered necessary to adequately determine the impact to the level of service presented to the traveling public by the proposed development (6) Revision. a. The engineer shall address all additional town, WMPO, and NCDOT comments, as appropriate, and re-submit a revised TIA report. b. The town, WMPO, and NCDOT, as appropriate, shall review the revised report and may request additional information or approve the TIA report. (7) Decision. a. Once all comments have been addressed and the town has approved the TIA report, the town shall notify the applicant of the TIA approval. b. TIA approval shall be valid for a period of 36 months. Prior to the conclusion of this 36-month period, work resulting in the recording of lots or issuance of a certificate of occupancy shall have occurred. Significant changes in the development proposal or surrounding conditions may require revisionPROOFS to or re-submittal of the TIA. c. When multiple mitigation alternatives are identified in the report, which address the same transportation deficiency, the town or NCDOT, as appropriate, may select the alternative that provides the greatest public benefit and that meets the appropriate LOS on the impacted street network. d. If the town council accepts the means of mitigation, the mitigation must be successfully completed prior to the issuance of a certificate of occupancy. e. In no case shall a TIA be considered valid after ten years of its adoption. TIAs ten years of age or older shall be revised with current data and conditions. Page 422 of 424
(8) Existing TIAs approved prior to August 20, 2015. a. Any TIA approved prior to the adoption of this section shall remain valid for a period of ten years from the date of adoption of this section. b. A revised TIA shall be required of any existing development with an otherwise valid TIA, should said development increase density or development activity resulting in a net increase of 100 peak hour trips. (9) Appeals. An applicant may appeal the decision of the planning director to the board of adjustment in accordance with section 66-67. (Code 2003, § 30-316; Ord. No. 15-16, § 1, 9-17-2015) Secs. 66-317--66-335. Reserved.
ARTICLE X. NON-CONFORMING USES Sec. 66-336. Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Non-conforming situation means a situation that occurs when, on the effective date of the ordinance from which this chapter is derived or any amendment thereto, an existing lot or structure or use of an existing lot or structure does not conform to one or more of the regulations applicable to the district in which the lot or structure is located, and such lot, structure or use shall be considered non-conforming. (Code 2003, § 30-351; Ord. No. 02-21, § 1(19.141), 6-20-2002) Sec. 66-337. Continuance of non-conforming situation. The lawful use of a structure or land or use of a structure and land existing at the time of the passage of the ordinance from which this chapter is derived may be continued although such use does not conform with the provisions of this chapter, provided such use conforms to the following provisions: (1) Minimum single lot requirements. Where the owner of a lot, or his successor in title thereto, does not own sufficient land to enable him to conform to the dimensional requirements of this chapter, the lot may be used as a building site for a single-family dwelling, provided that the minimum back, front and side yard requirements for the district in which the lot is located are met. (2) Extension in setback space. A structure that is non-conforming as to setback requirements, but conforms to the permissible use within the district in which it is located shall not be enlarged or extended in any direction, horizontally or vertically, into the required open space of the setback area, except for energy conservation enclosures as set forth in subsection (9) of this section, and changes in roof design as set forth in subsection (10) of this section. (3) Change of use. A non-conforming use shall be changed to only the uses that are permitted in this chapter for the district in which such non-conforming use is located. (4) Extensions. There shall be no extension in a non-conforming use that would increase building occupancy, building square footage, production, servicing or utility demands. (5) Repairs and alterations. Normal maintenance and repairs, and improvements of non-conforming buildings shallPROOFS be permitted, provided that it does not violate subsections (2)—(4) of this section. (6) Damage or destruction. Any non-conforming structure or building containing a non-conforming use which has been damaged, destroyed, demolished or removed either by accident or natural causes may be reconstructed and used as before if a building permit is applied for within one year from the date of destruction, provided it does not violate subsections (2)—(4) of this section. (7) Cessation. a. A use shall be determined to have ceased if that use is interrupted or otherwise discontinued for a period of 180 consecutive days, regardless of the intent of the owner or occupant. Without Page 423 of 424
excluding other factors, any one or more of the following factors may be the basis for determination that a use has ceased; removal of inventory, equipment or machinery; termination (or substantial reduction in the usage) of utility services; absence or substantial reduction in activity at the site compare with the former level of use; failure to maintain minimal hours of operation; voluntary demolition or lack of occupancy of the building in which the use was formerly conducted; removal of on-site signage or copy from that signage; or the failure to apply for or renew necessary licenses or permits, or to appeal from the denial of such. b. Once a non-conforming situation has been changed to a conforming situation, it shall not revert back to a non-conforming situation. (8) Transfer of non-conforming property. Non-conforming situations cannot be transferred with a lot if it is vacant at the time of transfer, except as noted in subsection (1) of this section. (9) Energy conservation. A covered entranceway already in existence within the setback area, which has a permanent foundation and floor and is covered by an existing roof may be enclosed for energy conservation purposes. The inside dimensions of the enclosure shall be less than 70 square feet in area. (10) Change of roof design. A flat roof may be changed to a pitched roof, provided that such roof shall not exceed a four to 12 ratio. The pitched roof shall not extend horizontally any further than the existing non- conforming situation, nor shall it exceed the current building height limitation. Gutters and downspouts shall be provided to control runoff when adjoining property would be affected as a result of this modification. Where gutters are required, they shall not encroach on the adjoining property. (11) Transfer of non-conforming use. A non-conforming use may be transferred to a new owner unless there has been a lapse of use for a period of one year (365 days). (12) Manufactured homes placed on leased spaces in manufactured home parks and mobile home and travel trailer parks. The number of manufactured homes that may be placed in a manufactured home park or mobile home and travel trailer park shall be the number of manufactured homes permitted under the operations permit issued for such park by the county health department and in effect as of July 27, 2004. This number shall apply notwithstanding the fact that a space in such park on which a manufactured home may be placed pursuant to the operations permit has been vacant for more than 12 consecutive months. Provided that no manufactured home may be placed in a manufactured home park or mobile home and travel trailer park unless such manufactured home is attached to the town or North Brunswick Sanitary District Sanitary Sewer Collection System, after such sewer system has been made available to the park in question. (13) Except as specifically stated in this section, the following types of activities shall cause the entire site to be brought into full compliance with the requirements found in this chapter, except those relating to parking which shall be exempt as stated in section 66-280(d): a. Any demolition where 50 percent or more of the total floor area is removed down to the foundation; or b. Any development or redevelopment, as defined in section 66-4, that disturbs 10,000 square feet of the total floor area or site area. c. In determining the 10,000 square feet of the total floor area or site area referred to in the preceding subsection (13)b. of this section, any area disturbed as the result of development or redevelopment occurringPROOFS since March 21, 2013, shall be included. (14) Except as specifically stated in this section, any demolition, development or redevelopment of a parking facility where 10,000 square feet of area is disturbed shall cause the entire parking, driveway and vehicular access area to be brought into compliance with the requirements found in article VIII of this chapter. (Code 2003, § 30-352; Ord. No. 02-21, § 1(19.142), 6-20-2002; Ord. No. 04-27, § 1, 7-27-2004; Ord. No. 10-11, § 1, 5-20- 2010; Ord. No. 13-07, §§ 2, 3, 3-21-2013)
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