WSMU_MNTA_WSWP Ordinance_20210826 (2)

ARTICLE V Schedule of District Regulations
5.1 Primary Zoning Districts Requirements
The primary zoning districts as established in Article 4, Section 4.1 shall
comply with all of the general and specific requirements of this Ordinance
and in particular shall comply with the following standards and
requirements:
A. Uses
See Article 6 entitled Table of Permitted and Special Uses.
B. Dimensional Requirements
See Article 7 entitled Table of Area, Land and Height Requirements.
C. Location of Accessory Buildings and Structures
See Article 3, Section 3.11.
D. Off -Street Parking and Loading
Off-street parking and loading shall be provided in accordance with the
requirements of Article 8.
E. Signs
Signs shall be regulated by the requirements of Article 9.
F. Landscaping
Landscaping shall be provided in accordance with the requirements of
Article 10.
5.2 Conditional District Requirements
Within a Conditional Zoning District, only those uses permitted by the zoning
district with which the Conditional District rezoning corresponds shall be
permitted. Such action approving the preliminary site -specific development
plan may further specify the location of units; the location and extent of
supporting facilities such as parking lots, driveways, and access streets; the
location and extent of rights -of -way, and other areas to be dedicated for
public use; and other such matters as the applicant may propose as
conditions upon request. The Board of Commissioners may also impose
additional reasonable and appropriate safeguards to serve the purpose and
intent of this chapter, public welfare, and substantial justice. In the event of
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a Conditional District rezoning, the final site -specific development plan is
itself a condition of the rezoning.
5.3 Overlay District Requirements
In addition to the standards and requirements of the underlying principal or
conditional district, Overlay Districts shall comply with the following
requirements:
A. Flood Damage Prevention Overlay District
1. Objectives of the Flood Damage Prevention Overlay District
The objectives of this Section are to:
a. Protect human life and health;
b. Minimize expenditure of public money for costly flood control
projects;
C. Minimize the need for rescue and relief efforts associated with
flooding and generally undertaken at the expense of the
general public;
d. Minimize prolonged business interruptions;
e. Minimize damage to public facilities and utilities such as
water and gas mains, electric, telephone and sewer lines,
streets and bridges located in floodplains;
f. Help maintain a stable tax base by providing for the sound use
and development of flood prone areas in such a manner as to
minimize flood blight areas; and
g. Ensure that potential homebuyers are notified that property is
in a flood area.
2. Lands to Which This Article Applies
This Section shall apply to all areas of special flood hazard within
the jurisdiction of this Ordinance.
3. Basis for Establishing the Areas of Special Flood Hazard
The Areas of Special Flood Hazard identified by the Federal
Emergency Management Agency (FEMA) in its Flood Insurance
Study (FIS), with accompanying maps and other supporting data,
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and any revisions thereto, are adopted by reference, declared to be a
part of this Section, and shall constitute the official boundaries of
this overlay district.
4. Compliance with this Ordinance
No structure or land shall hereafter be located, extended, converted
or structurally altered without full compliance with the terms of
this Section and other applicable regulations.
5. Warning and Disclaimer of Liability
The degree of flood protection required by this Section is considered
reasonable for regulatory purposes and is based on scientific and
engineering consideration. Larger floods can and will occur on rare
occasions. Flood heights may be increased by manmade or natural
causes. This Section does not imply that land outside the areas of
special flood hazard or uses permitted within such areas will be free
from flooding or flood damages. This Section shall not create
liability on the part of the City or any officer or employee thereof for
any flood damages that result from reliance on this Section or any
administrative decision made pursuant to this Section.
6. Provisions for Flood Hazard Reduction
In all areas of special flood hazard, the following provisions are
required:
a. New construction and substantial improvements shall be
anchored to prevent flotation, collapse or lateral movement of
the structure;
b. New construction and substantial improvements shall be
constructed with materials and utility equipment resistant to
flood damage;
C. New construction or substantial improvements shall be
constructed by methods and practices that minimize flood
damage;
d. 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;
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e. New and replacement water supply systems shall be designed
to minimize or eliminate infiltration of floodwaters into the
system;
f. 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;
g. Onsite waste disposal systems shall be located and constructed
to avoid impairment to them or contamination from them
during flooding;
h. Any alteration, repair, reconstruction or improvements to a
structure which is in compliance with the provisions of this
Ordinance, shall meet the requirements of new construction as
contained in this Section; and
i. Nonconforming buildings or uses may not be enlarged,
replaced, or rebuilt unless such enlargement or reconstruction
is accomplished in conformance with the provisions of this
Section and Article 11 of this Ordinance. Provided, however,
nothing in this Section shall prevent the repair,
reconstruction, or replacement of a building or structure
existing on the effective date of this Section and located totally
or partially within the floodway zone, provided that the bulk of
the building or structure below base flood elevation in the
floodway zone is not increased and provided that such repair,
reconstruction, or replacement meets all of the other
requirements of this Section.
7. Specific Standards for Construction of Permanent Structures
a. Residential Construction
New construction or substantial improvement of any
residential structure (including manufactured homes) shall
have the lowest floor, including the basement, elevated no
lower than one foot above the base flood elevation. Should
solid foundation perimeter walls be used to elevate a structure,
openings sufficient to facilitate the unimpeded movements of
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floodwaters shall be provided. A registered professional
Engineer or Land Surveyor shall certify that the standards of
this subsection are satisfied.
b. Manufactured homes that are placed or substantially
improved on sites 1) outside a manufactured home park or
subdivision; 2) in a new manufactured home park or
subdivision; 3) in an expansion to an existing manufactured
home park or subdivision; or, 4) in an existing manufactured
home park or subdivision on which a manufactured home has
incurred "substantial damage" as the result of a flood, must be
elevated on a permanent foundation such that the lowest floor
of the manufactured home is elevated no lower than one foot
above the base flood elevation and be securely anchored to an
adequately anchored foundation system to resist flotation,
collapse, and lateral movement.
C. The following shall apply to manufactured homes only:
i. Manufactured homes that are to be placed or
substantially improved on sites in an existing
manufactured home park or subdivision that are not
subject to the provisions of NCGS 4-14.18.2 shall be
elevated so that the lowest floor of the manufactured
home is elevated no lower than one (1) foot above the
base flood elevation, and be securely anchored to an
adequately anchored foundation to resist flotation,
collapse, and lateral movement.
ii. Manufactured homes shall be anchored to prevent
flotation, collapse, or lateral movement. For the purpose
of this requirement, manufactured homes must be
anchored to resist flotation, collapse, or lateral movement
in accordance with the Regulations for Mobile Homes and
Modular Housing adopted by the Commissioner of
Insurance pursuant to NCGS 43-143.15. Additionally,
when the elevation would be met by an elevation of the
chassis at least thirty-six (36") inches or less above the
grade at the site, the chassis shall be supported by
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reinforced piers or other foundation elements of at least
equivalent strength. When the elevation of the chassis is
above thirty-six (36") inches in height an engineering
certification is required.
d. Nonresidential Construction
New construction or substantial improvement of any
commercial, industrial, or nonresidential structure (including
manufactured homes) shall have the lowest floor, including the
basement, elevated no lower than one foot above the level of
the base flood elevation. Structures located in all `A' zones may
be flood -proofed in lieu of being elevated, provided that all
areas of the structure below the required elevation are
watertight, with walls substantially impermeable to the
passage of water, and use structural components having the
capability of resisting hydrostatic and hydrodynamic loads and
the effect of buoyancy. A registered professional Engineer or
Architect shall certify that the standards of this subsection are
satisfied.
e. Elevated Buildings
New construction or substantial improvements of elevated
buildings that include fully enclosed areas that are usable
solely for the parking of vehicles, building access or storage in
an area other than a basement and which are subject to
flooding shall be designed to preclude finished living space and
designed to allow for the entry and exit of floodwaters to
automatically equalize hydrostatic flood forces on exterior
walls. Designs for complying with this requirement must
either be certified by a professional engineer or architect or
meet the following minimum criteria:
i. Provide a minimum of two (2) openings having a total net
area of not less than one (line) square inch for every
square foot of enclosed area subject to flooding;
ii. The bottom of all openings shall be no higher than one (1')
foot above grade; and
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Openings may be equipped with screens, louvers, valves
or other coverings or devices provided they permit the
automatic flow of floodwaters in both directions.
iv. Access to the enclosed area shall be the minimum
necessary to allow for parking of vehicles (garage door) or
limited storage of maintenance equipment used in
connection with the premises (standard exterior door) or
entry to the living area (stairway or elevator).
V. The interior portion of such enclosed area shall not be
partitioned or finished into separate rooms, except to
enclose storage rooms.
f. Temporary Structures
Prior to the issuance of a development permit for a temporary
structure, the following requirements must be met:
i. All applicants must submit to the Administrator prior to
the issuance of the development permit a plan for the
removal of such structure(s) in the event of a hurricane or
flash flood warning notification. The plan must include
the following information:
• A specified time period for which the temporary use
will be permitted;
• The name, address and phone number of the
individual responsible for the removal of the
temporary structure;
• The time frame prior to the event at which a
structure will be removed (i.e. minimum of seventy-
two (72) hours before landfall of a hurricane or
immediately upon flood warning notification);
• A copy of the contract or other suitable instrument
with a trucking company to ensure the availability of
removal equipment when needed; and
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• Designation, accompanied by documentation, of a
location outside the floodplain to which the
temporary structure will be moved.
The above information shall be submitted in writing to
the Administrator for review and written approval.
g. Accessory Structures
When accessory structures (sheds, detached garages, etc.) with
a value of $5,000.00 or less, are to be placed in the floodplain
the following criteria shall be met:
i. Accessory structures shall not be used for human
habitation (including work, sleeping, living, cooking or
restroom areas);
ii. Accessory structures shall be designed to have low flood
damage potential;
iii. Accessory structures shall be constructed and placed on
the building site so as to offer the minimum resistance to
the flow of floodwaters;
iv. Accessory structures shall be firmly anchored in
accordance with this Section;
V. Service facilities such as electrical and heating equipment
shall be installed in accordance with this Section.
vi. Openings to relieve hydrostatic pressure during a flood
shall be provided below base flood elevation in
conformance with this Section.
h. Cumulative Substantial Improvement
Any improvements, modifications, additions, and
reconstruction projects to existing structures are considered
cumulative from the date of this amendment. The total
market value of any such projects shall not exceed fifty (50%)
percent of the structure's previous market value. If the
cumulative substantial improvements to any structure exceeds
this amount then the structure must be made to comply with
the Ordinance requirements for new structures.
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i. Recreational Vehicles
A recreational vehicle is defined as a vehicle that is ready for
highway use (on wheels or jacking system), is attached to the
site only by quick -disconnect type utilities and security
devices, and has no permanently attached additions.
Recreation vehicles placed on sites shall either:
i. Be on - site for fewer than one -hundred eighty (180)
consecutive days;
ii. Be fully licensed and ready for highway use; or
iii. Meet the requirements of this Section.
j. Standards for Land Subdivisions
i. All subdivision proposals shall be consistent with the
need to minimize flood damage;
ii. All subdivision proposals shall have public utilities and
facilities such as sewer, gas, electrical, and water systems
located and constructed to minimize flood damage;
iii. All subdivision proposals shall have adequate drainage
provided to reduce exposure to flood hazards; and
iv. Base flood elevation data shall be provided for subdivision
proposals and other proposed development, which is
greater than the lesser of twenty (20) lots or five (5) acres.
k. Floodways
i. Located within areas of special flood hazards established
in this Section are areas designated as floodways. Since
the floodway is an extremely hazardous area due to the
velocity of floodwaters which carry debris, potential
projectiles and has erosion potential, the following
provisions shall apply:
• No encroachments, including fill, new construction,
substantial improvements and other developments
shall be permitted unless it has been demonstrated
through hydrologic hydraulic analyses performed in
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accordance with standard engineering practice that
the proposed encroachment would not result in any
increase in the flood levels during the occurrence of
the base flood. Such certification and technical data
shall be presented to the Administrator.
• All new construction and substantial improvements
shall comply with all applicable flood hazard
reduction provisions of this Section.
• No manufactured homes shall be permitted, except
in an existing manufactured home park or
subdivision. A replacement manufactured home may
be placed on a lot in an existing manufactured home
park or subdivision providing the anchoring and
elevation standards of this Section are met.
1. Permitted Uses in Floodway
The following uses shall be permitted within the floodway to
the extent that they are otherwise permitted by this Section
and the Underlying Zoning District, and provided that they do
not employ structures or fill except as specified herein:
i. General farming, pasture, outdoor plant nurseries,
horticulture, forestry, wildlife sanctuary, game farm, and
other similar agricultural, quarrying, wildlife and related
uses;
ii. Ground level loading areas, ground level automobile
parking areas, rotary aircraft ports and other similar
industrial and commercial uses;
iii. Tractor -trailer parking, provided that no trailers shall be
detached from tractors;
iv. Lawns, gardens, play areas, and other similar uses;
V. Golf courses, tennis courts, driving ranges, archery
ranges, picnic grounds, parks, swimming pools, hiking or
horseback riding trails, open space and other similar
private and public recreational uses;
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vi. Streets, bridges, utility lines, storm drainage facilities,
sewage or waste treatment facilities, water supply
facilities, and other similar public utility uses, but only if
the proposed activity combined with the allowable
encroachment in the floodway will not increase the base
flood elevation due to allowable one (1) foot. The increase
in base flood elevation due to allowable encroachment of
the floodway fringe is listed in the Floodway Data Table
in the Flood Insurance Study prepared by the Federal
Emergency Management Agency (FEMA). Fill material
for utilities shall be permitted only if approved by the
City Engineer;
vii. Temporary facilities such as displays, circuses, carnivals,
or similar transient amusement enterprises;
viii. Boat docks, ramps, piers, or similar structures;
ix. Dams;
X. Grading but not fill; and
Xi. Cantilevered portions of structures, provided that
foundation and supports are located outside the floodway
and the underside of the cantilevered portion is at least
one (1) foot above base flood elevation.
m. Permitted Uses in Floodway Fringe
The following uses shall be permitted within the floodway
fringe to the extent that they are otherwise permitted by this
Section and the Zoning Ordinance.
Uses permitted below the Base Flood Elevation
i. Any use as permitted and regulated in the floodway.
ii. Fill material graded to drain, provided such is protected
against erosion. Any fill material on which a structure is
to be located shall be extended at grade ten (10') feet
beyond the limits of the structure foundation, and shall
have a side slope no steeper than two (2) feet horizontal
to one (1) foot vertical.
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iii. Structure foundations and supports, provided such
conforms to the construction and flood proofing standards
of this Section.
Uses Permitted Above the Base Flood Elevation
iv. Any residential or non-residential use permitted by this
Section and the underlying zoning district provided that
the lowest flood elevation of any structure is located one
(1) foot or more above base flood elevation. Heating and
electrical equipment installed below flood protection
elevation shall be flood proofed.
V. Any non-residential use permitted by this Section and the
underlying zoning district provided that all portions of the
structure are elevated or flood proofed, as provided in this
division, to an elevation at least two (2) feet above base
flood elevation.
vi. Heating and electrical equipment installed below flood
protection elevation shall be flood -proofed. Non-
residential structures may flood proof this equipment if
placed below the base flood elevation, but the flood
proofing must be certified by a Professional Engineer or
Architect registered in North Carolina.
n. Standards for Streams Without Established Base Flood
Elevations and/or Floodways
i. Located within the areas of special flood hazard
established herein are small streams where no base flood
data has been provided or where no floodways have been
identified. The following provisions apply within such
areas:
• No application for a preliminary plat shall be
approved unless and until the Applicant has
provided a study by a registered professional
engineer which identifies the mean high water mark
of the stream, the floodway, the floodway fringe, and
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the limits of the 100-year floodplain, in accordance
with generally accepted engineering principles.
• No encroachments, including fill, new construction,
substantial improvements of new development or
new development shall be permitted within a
distance of the stream bank equal to a minimum of
twenty (20') feet each side from top of bank, 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.
• If base flood elevation data is available from other
sources, all new construction and substantial
improvements within such areas shall comply with
all applicable flood hazard Ordinance provisions of
this division and shall be elevated or flood -proofed in
accordance with elevations established in accordance
with Appendix B. When base flood elevation data is
not available from a federal, state, or other source,
all new construction and substantial improvements
shall be elevated or flood -proofed the one (1) foot
above the highest adjacent grade.
o. Standards for Areas of Shallow Flooding (AO Zones)
i. Located within the areas of special flood hazard are areas
designated as shallow flooding. These areas have special
flood hazard associated with base flood depths of one (1)
to three (3) feet where a clearly defined channel does not
exist and where the path of flooding is unpredictable and
indeterminate. The following provisions shall apply
within such areas:
• All new construction and substantial improvements
of residential structures shall have the lowest floor,
including basement, elevated to the depth number
specified on the flood insurance rate map, in feet,
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above the highest adjacent grade. If no depth
number is specified, the lowest floor, including
basement, shall be elevated at least one (1) foot
above the highest adjacent grade.
• All new construction and substantial improvements
of non-residential structures shall:
• Have the lowest floor, including basement, elevated
to the depth number specified on the flood insurance
rate map, in feet, above the highest adjacent grade.
If no depth number is specified, the lowest floor,
including basement, shall be elevated at least one (1)
foot above the highest adjacent grade; or
• Be completely flood -proofed together with attendant
utility and sanitary facilities to or above that level so
that any space below that level is 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.
B. Water Supply Watershed Protection Overlay District
1. General Provisions
The following general provisions apply to all watershed overlay
districts. These provisions and the provisions contained in the
individual watershed overlay districts are designed to protect the
water quality of the water supply watersheds that lie within the
jurisdiction of this Ordinance and to implement the rules adopted
by the North Carolina Environmental Management Commissions
for the classified watersheds pursuant to NCGS 143-214.5.
a. The construction of new roads and bridges and non-residential
development should minimize built -upon area, divert storm
water away from surface water supply waters as much as
possible, and employ best management practices (BMPs) to
minimize water quality impacts. To the extent practicable, the
construction of new roads in the critical area should be
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avoided. The Department of Transportation BMPs as outlined
in their document entitled Best Management Practices for the
Protection of Surface Waters shall be used in all road and
bridge construction projects in the watershed overlay districts.
b. All development activities within watershed overlay districts,
in addition to those activities specifically regulated by these
provisions, are subject to the standards, usage conditions and
other regulations contained in the Rules and Requirements of
the Surface Water Supply Protection Rules adopted by the
North Carolina Environmental Management Commission.
C. A minimum thirty (30') foot vegetative buffer for development
activities is required along all perennial waters, including
streams, rivers and impoundments, indicated on the most
recent versions of United States Geodetic Survey (USGS) 1:
24,000 scale topographic maps; provided, that nothing in this
subsection shall prevent artificial streambank or shoreline
stabilization. No new development is allowed in the buffer,
except that water dependent structures, or other structures
such as flagpoles, signs, and security lights, which result in
only minimum increase in impervious area and public works
projects such as road crossings and greenways may be allowed
where no practicable alternative exists. These activities shall
minimize built -upon surface area, direct runoff away from the
surface water, and maximize the utilization of BMPs.
d. Where otherwise permitted in the underlying primary zoning
district, cluster development is allowed on a project by project
basis as follows:
i. The overall density of the project meets the density
requirements of this Ordinance;
H. The appropriate vegetative buffer in (c) above is provided;
iii. Built -upon areas are designed and located to minimize
storm water runoff impact to the receiving waters,
minimize concentrated storm water flow, and maximize
the flow length through vegetated areas;
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iv. Areas of concentrated development are located in upland
areas and away, to the maximum extent practicable, from
surface waters and drainage ways;
V. Remainder of tract to remain in vegetated or natural
state;
vi. The area in the vegetated or natural state may be
conveyed to a property owners association; a local
government for preservation as a park or greenway; a
conservation organization; or placed in a permanent
conservation or farmland preservation easement. A
maintenance agreement shall be filed with the property
deeds and;
vii. Cluster development shall transport storm water runoff
from the development by vegetated conveyances to the
maximum extent practicable.
e. All development in watershed overlay districts, shall, to the
maximum extent practicable, minimize built -upon surface
area, direct storm water runoff away from surface waters and
incorporate best management practices to minimize water
quality impacts.
f. Existing development, as defined in this Ordinance, is not
subject to the requirements of the overlay provisions.
Expansions to structures classified as existing development
must meet the requirements of these provisions, provided
however, the built -upon area of the existing development is not
required to be included in the density calculations. In
determining expansions to existing development, the
maximum permitted additional built -upon area is derived by
multiplying the area of the portion of the property that is not
built -upon by the appropriate percent built -upon limitation for
the overlay district in which the property is located.
g. A pre-existing lot created prior to the effective date of this
Ordinance, regardless of whether or not a vested right has
been established, may be developed or redeveloped for single
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family residential purposes without being subject to the
restrictions of these overlay provisions.
h. Any existing building or built -upon area not in conformance
with the limitations of these provisions that has been damaged
or removed for any reason may be repaired and/or
reconstructed, provided:
i. Repair or reconstruction is initiated within twelve (12)
months and completed within two (2) years of such
damage or removal.
ii. The total amount of space devoted to built -upon area may
not be increased.
iii. The repair or reconstruction is otherwise permitted under
the provisions of this Ordinance.
i. No activity, situation, structure or land use shall be permitted
or allowed to operate within a watershed, which poses a threat
to water quality and the public health, safety and welfare.
Such conditions may arise from inadequate on -site sewage
systems which utilize ground absorption; inadequate
sedimentation and erosion control measures; the improper
storage or disposal of junk, trash or other refuse within a
buffer area; the absence or improper implementation of a spill
containment plan for toxic and hazardous materials; the
improper management of storm water runoff; or any other
situation found to pose a threat to water quality.
j. The Zoning Administrator may require such information on
Zoning Compliance Permit and Development Plan
applications, including density/built-upon area calculations, as
he/she may deem necessary to determine compliance with
Watershed Overlay District provisions.
k. The Zoning Administrator may, prior to the issuance of any
permit in a watershed overlay district, require evidence of a
valid Sedimentation Control Permit issued by the State of
North Carolina or evidence satisfactory to the Administrator
that no permit is required.
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1. The Zoning Administrator shall maintain records of the
administration of the watershed overlay district regulations
and shall submit any modifications of the regulations to the
Division of Environmental Management, Division of
Environmental Health and Division of Community Assistance.
The Zoning Administrator shall also maintain a record of
variances issued and shall submit an annual report of each
project receiving a variance and the reason for the variance to
the Division of Environmental Management. The annual
report shall contain the record of each variance granted by the
Board of Adjustment during the previous calendar year and
shall be submitted on or before January 1 of the following
year.
2. Critical Area Development Standards
The following development standards shall apply in the Critical
Areas of the Ararat River Watershed, the Lovills Creek Watershed
and the Stewarts Creek Watershed:
a. No new sites for land application of residual or petroleum -
contaminated soils are allowed.
b. No new landfills are allowed.
C. Residential development activities which require a
Sedimentation Control Permit shall not exceed one (1)
dwelling unit per twenty -thousand (20,000ft2) square feet or,
optionally, twenty-four (24%) percent built -upon area, on a
project by project basis.
d. Non-residential development activities, which require a
Sedimentation Control Permit, shall not exceed twenty-four
(24%) percent built -upon area, on a project -by -project basis.
3. Protected Area Development Standard
The following development standards shall apply in the protected
areas of the Ararat River Watershed, the Lovills Creek Watershed
and the Stewarts Creek Watershed:
a. Residential development activities, which require a
Sedimentation Control Permit shall not exceed one (1)
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dwelling unit per twenty -thousand (20,000ft2) square feet or,
optionally, twenty-four (24%) percent built -upon area, on a
project -by -project basis.
b. Non-residential development activities, which require a
Sedimentation Control Permit, shall not exceed twenty-four
(24%) percent built -upon area, on a project -by -project basis.
C. Residential development activities, which require a
Sedimentation Control Permit and which are not required to
use, or do not utilize a curb and gutter street system, shall not
exceed three (3) dwelling units per one (1) acre or, optionally,
thirty-six (36%) percent built -upon area, on a project -by -project
basis.
d. Non-residential development activities, which require a
Sedimentation Control Permit and which are not required to
use, or which do not utilize a curb and gutter street system,
shall not exceed thirty-six (36%) percent built -upon area, on a
project -by -project basis.
e. Notwithstanding the limitations of a, b, c and d above, ten
(10%) percent of the protected area of each of the watersheds
may be developed with new development projects of up to
seventy (70%) percent built -upon area as Special Intensity
Allocations (SIAs). SIAs shall be allocated and developed in
accordance with the following rules:
i. SIAs shall be allocated by the Zoning Administrator
through the Zoning Permit/Development Plan process.
The Zoning Administrator shall maintain a record of the
total acreage in each protected area eligible for SIAs, the
acreage that has been allocated and the acreage that has
been used as of the latest date. In no case shall allocated
acreage exceed the acreage eligible for allocation. For the
purpose of this subsection, the total area that can be
allocated for SIAs in the protected areas is as follows:
• Ararat River Protected Area - 62 acres
• Lovills Creek Protected Area - 147 acres
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• Stewarts Creek Protected Area - 121 acres
ii. SIAs shall be allocated on a "first come, first served" basis
upon the approval and issuance of the appropriate permit.
iii. The right to develop a SIA shall terminate with the loss of
the right to develop due to the expiration of a Zoning
Permit, Zoning Permit with Vested Rights, or Building
Permit. In such a case, the allocated acreage, or unused
allocated acreage, shall be returned to the unallocated
total acreage eligible for allocation.
iv. In no case shall the built -upon area of a SIA exceed the
built -upon limitations of the primary zoning district in
which the SIA is located.
C. Historic Landmarks and Preservation Overlay District
In addition to the standards and requirements of the underlying
principal or conditional district, historic landmarks and preservation
district property shall comply with the following requirements:
1. Historic Preservation Commission
Whereas the heritage of Mount Airy is a valued asset and an
essential ingredient of this community's health, safety, and general
welfare, the Historic Preservation Commission, in accordance with
NCGS 160D-303; 941, is hereby established to exercise all duties
and responsibilities and possess the authorities described herein.
The Historic Preservation Commission shall consist of nine (9)
members appointed by the City Board of Commissioners.
a. Tenure
Members of the Commission shall serve consecutive terms of
three (3) years. Initially, three (3) members shall be appointed
for one (1) year, three (3) members for two (2) years, and three
(3) members for three (3) years. Thereafter, all appointments
shall be for a term of three (3) years. A member may be
reappointed for three (3) terms.
b. Qualifications
All members of the Commission shall be residents of the City
of Mount Airy and a majority of the members shall have a
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demonstrated special interest, experience, or education in
history, prehistory, or architecture.
C. Meeting
The Commission shall establish a meeting time, and shall
meet at least quarterly. All meetings of the Commission shall
be open to the public and reasonable notice of the time and
place shall be given to the public. All meetings shall conform to
the N.C. Open Meetings Law, NCGS 143-33B.
d. Attendance at Meetings
The Commission shall adopt a policy setting standards for
attendance at meeting.
e. Rules of Procedure and Design Standards
The Commission shall adopt and publish rules of procedure for
the conduct of its business and principles and standards for
new construction, alterations, additions, moving and
demolition of historic landmarks and districts.
f. Annual Report
An annual report shall be prepared and submitted to the City
Board of Commissioners. The report shall include a
comprehensive and detailed review of the activities and
actions of the Commission, as well as any budget requests
and/or recommendations.
g. Meeting Minutes
The Commission shall keep permanent minutes of all its
meetings. The minutes shall record attendance of its
members, its resolutions, findings, recommendations and
actions. The minutes of the Commission shall be a public
record.
h. Responsibilities
The Commission shall seek to promote, enhance and preserve
the character of the Historic Landmarks and Districts wherein
doing so supports and upholds the heritage of Mount Airy at
the Commission's discretion.
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i. Authority and Powers
The Commission is authorized and empowered to undertake
such actions reasonably necessary to the discharge and
conduct of its duties and responsibilities as outlined in this
Ordinance and Chapter 160D of the General Statutes of the
State of North Carolina and its amendments, including but not
limited to the following:
i. To recommend to the City Board and the State of North
Carolina structures, sites, objects or districts and
landmarks to be designated by ordinance, worthy of
national, state or local recognition to be designated by
ordinance or otherwise recognized.
ii. To recommend to the City Board that designation of any
district or landmark be revoked or removed for cause.
iii. To give advice to historic landmark or district property
owners concerning the treatment of the historical and
visual characteristics of their properties such as color
schemes, gardens and landscape features, and minor
decorative elements through its Certificate of
Appropriateness oversight as defined in the Design
Standards.
iv. To propose to the City Board changes to this or any
related ordinance and to propose new ordinances or laws
relating to the historic landmarks and districts or relating
to the total program for the development of the historical
resources of the City of Mount Airy and its environs.
V. To cooperate with other City of Mount Airy boards or
commissions or with agencies of Surry County or other
governmental units; to offer or request assistance, aid,
guidance, or advice concerning matters under common
purview and mutual interest.
vi. To enter, solely in performance of its official duties and
only at reasonable times, upon private lands for
examination or survey thereof. However, no member,
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employee, or agent of the commission may enter any
private building or structure without express consent of
the owner or occupant thereof.
vii. To recommend the official adoption of a preservation
element as part of the City's Comprehensive Plan.
viii. To review and act upon proposals for alteration,
demolition, relocation, or new construction within historic
districts, or for the alteration, demolition, or relocation of
designated landmarks pursuant to this Ordinance.
ix. To initiate and participate in negotiation at any time with
the owner of a building structure, site, area or object for
its acquisition or its preservation when scheduled for
demolition, when such action is reasonable, necessary or
appropriate in an effort to find means of preserving
buildings scheduled for demolition.
X. To undertake programs of information, research, or
analysis relating to any matters under its purview.
Xi. To report violations of this Ordinance, or related
Ordinances to the local official responsible for
enforcement.
xii. To assist City of Mount Airy staff in obtaining the
services of private consultants to aid in carrying out
programs of research or analysis.
xiii. To accept funds granted to the commission from private
or non-profit organizations for historic preservation
purposes.
xiv. To contract, with the approval of the City Board for
services or funds from the State of North Carolina and
agencies or departments of the United States government
for historic preservation purposes.
xv. To conduct public hearings on applications for Certificates
of Appropriateness (COA) where the Commission deems
that such a hearing is necessary.
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xvi. To organize itself and conduct its business by whatever
legal means it deems proper.
xvii. To exercise such other powers and perform such other
duties as are required elsewhere by this Ordinance, the
General Statutes of North Carolina or by the City Board.
xviii. To receive and spend funds appropriated to it by the local
governing board as defined in NCGS 160D-943.
xix. Undertake an inventory of properties of historical,
prehistorical, architectural, and/or cultural significance.
xx. In regard to applications involving new construction or
extensive alterations and/or additions to existing
structures, that an Advisory Committee of the
Commission be available to meet with persons involved in
planned or pending applications in order to advise them
informally at an early stage in the development process
concerning Commission guidelines, the nature of the area
where the proposed project will take place, and other
relevant factors. Current Commission members are not
to serve on this Advisory Committee.
The members of the Advisory Committee, collectively and
individually, shall refrain from any indication of approval
or disapproval. Advice or opinions given by any member
of the Advisory Committee at such an informal meeting
shall not be considered official or binding upon the
Commission.
2. Certificate of Appropriateness
No exterior portion of any building or other structure (including
masonry walls, fences, light fixtures, steps and pavement, or other
appurtenant features) nor above -ground utility structure nor any
type of outdoor advertising sign shall be erected, altered, restored,
moved or demolished within a historic district or landmark until
after an application for a Certificate of Appropriateness as to
exterior features has been submitted to and approved by the
Historic Preservation Commission.
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Such a Certificate shall be issued by the Commission prior to the
issuance of a Building Permit for the purposes of constructing,
altering, moving or demolishing structures. A Certificate may be
issued subject to reasonable conditions necessary to carry out the
purposes of this Ordinance. A Certificate of Appropriateness shall
be required whether or not a Building Permit is required. Any
Building Permit or such other permit not issued in conformity with
this Ordinance shall be invalid.
The Commission shall have no jurisdiction over interior
arrangement and shall take no action under this Section except to
prevent the construction, reconstruction, alteration, restoration,
moving or demolition of buildings, structures, appurtenant
features, outdoor advertising signs or other significant features (see
Design Standards) within the district or landmark which would be
incongruous with the special character of the district or landmark.
a. Required Procedures
An application for a Certificate of Appropriateness shall be
obtained from and, when completed, filed with the Department
of Planning and Development. Application for Certificates of
Appropriateness shall be considered by the Historic
Preservation Commission at its next regular meeting, provided
they have been filed complete in form and content, at least ten
(10) calendar days before the regularly scheduled meeting of
the Commission; otherwise consideration shall be deferred
until the following meeting.
b. Contents of Application
The Commission shall in its Rules of Procedure, require data
that are reasonably necessary to determine the nature of the
application. An application for a Certificate of Appropriateness
shall not be considered complete until all required data have
been submitted.
Nothing shall prevent the applicant from filing with the
application additional relevant information bearing on the
application.
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C. Notification of Historic Preservation Commission
Upon receipt of a complete application, the Department of
Planning and Development shall notify the Historic
Preservation Commission at least four (4) calendar days before
its regularly scheduled meeting.
d. Notification of Affected Property Owners
Prior to issuance or denial of a Certificate of Appropriateness,
the Commission will see that such action as may reasonably be
required to inform the owners of any property likely to be
materially affected by the application, and will give the
applicant and such owners an opportunity to be heard.
e. Public Hearing
In cases where the Commission deems it necessary, it may
hold a public hearing concerning the application.
f. Commission Action
The Commission reviews Certificates of Appropriateness based
on the Review Criteria contained in this Ordinance and the
Commission's Design Standards. The Commission's action on
the application shall be approval, approval with modifications,
or disapproval.
Prior to final action on an application, the Commission, using
the standards will make findings of fact indicating the extent
to which the application is or is not congruous with the special
character of the site or district in which located.
All applications for Certificates of Appropriateness shall be
reviewed and acted upon with a reasonable time as defined by
the Rules of Procedure, and not exceeding one -hundred eighty
(180) days from the date a complete application is received by
the City's Planning Department. As part of its review
procedure, the Commission may view the premises and seek
the advice of the Department of Cultural Resources or other
such experts, as it may deem necessary under the
circumstances.
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g. Reasons for Commission's Actions to Appear in Minutes
The Commission shall cause to be entered into the minutes of
its meeting the reasons for its actions, whether it be approval,
approval with modifications, or denial.
h. Submission of New Application
If the Commission determines that a Certificate of
Appropriateness should not be issued, a new application
affecting the same property may be submitted only if
substantial change is made in plans for the proposed
construction, reconstruction, alteration, restoration or
relocation.
i. Administrative Approval of Minor Works
Notwithstanding Section 5.3.C, upon receipt of a completed
application, the historic preservation commission's staff or his
designee may issue a Certificate of Appropriateness for minor
works.
Minor works are defined as those exterior changes, which do
not involve substantial alterations, or an addition, or removal
that could affect the integrity of the landmark, and are limited
to those listed in the Commission "Rules of Procedure".
No application shall be denied without the formal action of the
Commission.
All minor work applications approved by the Historic
Preservation Commission's staff or his designee shall be
forwarded to the Commission for their review at the next
regular meeting.
3. Certain Changes Not Prohibited
Nothing in this Section shall be construed to prevent the ordinary
maintenance or repair of any exterior architectural features in
historic districts or landmarks which does not involve a change in
design, material, or outer appearance thereof, nor to prevent the
construction, reconstruction, alteration, restoration, or demolition
of any such feature which the Building Inspector or similar official
shall certify in writing to the Commission is required by the need to
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protect the public health and safety because of an unsafe or
dangerous condition. Nothing herein shall be construed to prevent
a property owner from making any use of his property not
prohibited by other statutes, ordinance, or regulations. Nothing in
this Ordinance shall be construed to prevent 1) the maintenance or
2) in the event of an emergency, the immediate restoration of any
existing aboveground utility structure without approval by the
Commission.
4. Demolition of Buildings
Except for buildings or structures of statewide significance, an
application for a Certificate of Appropriateness authorizing the
demolition or relocation of a building or structure within the
districts may not be denied. However, the effective date of such a
certificate may be delayed for a period of up to 365 days from the
date of approval. The maximum period of delay authorized by this
Section shall be reduced by the Commission where it finds that the
owner would suffer extreme hardship or be permanently deprived of
all beneficial use of or return from such property by virtue of the
delay. During such period, the Historic Preservation Commission
or its agent may negotiate with the owner and with any other
parties in an effort to find a means of preserving the building. If
the Historic Preservation Commission finds that the building has
no particular significance or value toward maintaining the
character of the district, it shall waive all or part of such period and
authorize earlier demolition or removal.
An application for a Certificate of Appropriateness authorizing the
demolition or destruction of a building, site, or structure
determined by the State Historic Preservation Office as having
statewide significance as defined in the criteria of the National
Register of Historic Places may be denied except where the
Commission finds that the owner would suffer extreme hardship or
be permanently deprived of all beneficial use or return by virtue of
the denial.
In the event that the Commission has voted to recommend
designation of a property as a landmark, or of and area as a district,
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and such designation has not yet been made by the City, the
demolition of any building, site, object, area, or structure located on
the property of the proposed landmark or within the proposed
district may be delayed by the Commission for a period of up to one -
hundred eighty (180) calendar days or until the City takes final
action on the proposed designation, whichever occurs first. Should
the City approve the designation prior to the expiration of the one -
hundred eighty (180) day delay period, and application for a
Certificate of Appropriateness authorizing demolition must then be
filed; however, the maximum delay period of one -hundred eighty
(180) days shall be reduced by the number of days elapsed during
the one -hundred eighty (180) day delay while designation was
pending.
5. Site Visits
As part of its review procedure, the Commission may seek the
advice of the North Carolina Department of Cultural Resources or
such other expert advice, as it may deem necessary under the
circumstances.
6. Appeals
In any action granting or denying a Certificate of Appropriateness,
an appeal may be taken to the Board of Adjustment by any
aggrieved party as determined under NCGS 160D-1402. Such
appeals shall be taken, within sixty (60) days following the
Commission's decision and "shall be in the nature of certiorari."
According to NCGS 160D and the Commission's bylaws, an appeal
from the Commission "shall be in the nature of certiorari." Appeals
of decisions involving property owned by the State of North
Carolina shall be appealed to the North Carolina Historical
Commission in accordance with the provisions of NCGS 160D-
947(e).
Any appeal from the Board of Adjustment's decision in any case
shall be heard by the Superior Court of Surry County.
7. Compliance
Compliance with the terms of the Certificate of Appropriateness
shall be enforced and failure to comply with a Certificate of
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Appropriateness shall be in violation of the City of Mount Airy
Zoning Ordinance and subject to a fine of $50.00 per offense.
Violations include but are not limited to undertaking any work
other than routine maintenance without securing approval in the
form of a Certificate of Appropriateness; executing work in a way
other than that which was approved; or, lack of progress or
discontinuance of progress toward completion of a project where
legitimate reasons for work stoppage are not provided.
A Certificate of Appropriateness shall expire six (6) months after
the date of issuance if the work authorized by the Certificate has
not been commenced. If after commencement, the work is
discontinued for a period of six (6) months the permit therefore
shall immediately expire. No work authorized by any Certificate,
which has expired, shall thereafter be performed until a new
Certificate has been secured.
Nothing in this Ordinance shall be construed to prevent the
ordinary maintenance or repair of any exterior architectural feature
in a historic district or of a landmark which does not involve a
change in design, material or appearance thereof, nor to prevent
the construction, reconstruction, alteration, restoration, moving or
demolition of any such feature which the building inspector or
similar official shall certify is required by the public safety because
of an unsafe or dangerous condition. Nothing in this Ordinance
shall be construed to prevent a property owner from making any
use of his property that is not prohibited by other law. Nothing in
this Ordinance shall be construed to prevent 1) the maintenance, or
2) in the event of an emergency the immediate restoration, of any
existing aboveground utility structure without approval by the
Historic Preservation Commission. The enforcement of any remedy
provided herein shall not prevent the enforcement of any other
remedy or remedies provided herein or in other ordinances or laws.
It is expected that property owners within the Mount Airy historic
districts shall be aware and familiar with City of Mount Airy
Zoning Ordinance. An annual inspection of the Mount Airy historic
districts will be completed each year to ensure compliance with the
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Historic Preservation Commission Design Standards. If issues are
found in the Mount Airy historic districts, the Zoning Administrator
will be notified along with the property owner and an initial
warning will be issued. It is expected that the violation will be
remedied within sixty (60) days of receipt of the initial warning. If
prompt action is not taken by the property owner, the property is
subject to a fine of $50.00 per offense. Violations include but are
not limited to undertaking any work other than routine
maintenance without securing approval in the form of a Certificate
of Appropriateness; executing work in a way other than that which
was approved; or, lack of progress or discontinuance of progress
toward completion of a project where legitimate reasons for work
stoppage are not provided. Enforcement of the Historic
Preservation Standards will be the responsibility of Zoning
Administrator under Appendix A, Article XIV and under NCGS
160D-404.
8. Demolition by Neglect
There is hereby established procedures and requirements for the
repair or elimination of decaying and deteriorating buildings in the
City's Local Historic District.
a. "Hardship Review Committee" is a committee composed of the
Planning Director, City Engineer, and Finance Director of the
City of Mount Airy, and the Chair of the Historic Preservation
Commission that considers claims of undue economic hardship
caused by the enforcement of this Section.
b. Standards
The exterior features of any building or structure located
within the City's Local Historic District shall be preserved by
the owner and/or parties in interest against decay,
deterioration and structural defects. The owner and/or parties
in interest shall upon written request of the City repair such
exterior features if they are found to be deteriorating, or if
their condition is contributing to deterioration, including but
not limited to, any of the following defects:
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i. Deterioration of exterior walls, foundations, flooring,
parapet walls, roofs, beams, chimneys and either
horizontal or vertical load bearing supports that causes
leaning, sagging, splitting, listing or buckling;
ii. Ineffective waterproofing of exterior walls, roofs and
foundations, including broken windows/doors, failed
paint, leaking roofing, decayed brickwork or failed siding
materials;
iii. Rotting holes and other forms of decay;
iv. Damages caused by fire or other calamity;
V. Deterioration of exterior stairs, porches, handrails,
window/door frames, cornices, entablatures, wall facings
or other architectural details that causes delaminating,
instability, loss of shape or crumbling;
vi. Deterioration of fences, gates, garden walls or accessory
structures; and
vii. Deterioration of any exterior feature that creates or
permits a hazardous or unsafe condition to life, health or
other property.
Boarded -up windows and street barricades are allowed if
approved with a Certificate of Appropriateness and they are
painted a similar color to the remaining exterior fagade.
C. Inspection Authority
Authority to assure compliance with the standards set forth in
this Article is vested in the Planning Director, who shall have
the following duties:
It shall be the duty of the Chief Building Inspector to
periodically examine the buildings and structures in the City's
Local Historic District for the purpose of determining their
condition and for the purpose of the enforcement and
administration of this Article. In exercising this power, the
Planning Director shall, if required to fulfill his or her duties
under this Article, have the right to enter on any premises
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within the City's Local Historic District at all reasonable hours
(between 8:30 am and 5:00 pm Monday through Friday and at
the convenience of the occupant) for the purposes of inspection
or other enforcement action, upon presentation of proper
credentials. Upon refusal by the owner or other person in legal
possession to permit entry, the Planning Director, after proper
notice, shall have the right to inspect pursuant to an
administrative search warrant issued in accordance with the
provisions of NCGS 15 — 27.2.
It shall be the responsibility of the owner or parties in interest
to relocate any moveable obstructions (furniture, boxes,
appliances and construction material, for example) that would
otherwise interfere with a complete inspection. The Planning
Director shall not be expected to detect violations of this
Article when such violations are concealed behind, under or
above walls, floors, ceilings or other fixed components of the
building.
d. Petition and Action
A property owner or any other interested person may file a
petition with the Planning Director listing the specific defects
in a building or structure no earlier than six (6) months after
the adoption of this Article requesting that he or she act to
require the correction of the deterioration or the making of
repairs. The Planning Director will use the six (6) month
timeframe to systematically inspect buildings and structures
in the City's Local Historic District and contact property
owners to notify them of any violations. Correction or repairs
will be required under the following procedures:
i. Whenever a petition is filed with the Planning Director
or whenever it appears to the Director (on his or her own
motion or otherwise) that a building or structure is
undergoing demolition by neglect, the Inspector shall, if
his preliminary investigation discovers a basis for such
charges, issue and cause to be served upon the owner
and/or parties in interest a complaint stating:
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• The charges, including a description of the condition
causing the demolition by neglect, and containing a
notice that a hearing will be held before the Planning
Director in City Hall, not less than ten (10) nor more
than thirty (30) days after the serving of such
complaint;
• That the owner and/or parties of interest shall have
the right to answer and give testimony at the
hearing;
• That the Hardship Review Committee, as defined in
this Article, shall also be given notice of the hearing;
and
• That the rules of evidence prevailing in courts of law
or equity shall not be controlling in the hearing
before the Inspector.
ii. The purpose of the hearing is to receive evidence
concerning the charge of demolition by neglect and to
consider any claim of undue economic hardship made by
the owner and/or parties in interest.
iii. If, after such notice and hearing, the Planning Director
determines that the building or structure is undergoing
demolition by neglect according to the standards listed in
this Article, the Director shall state in writing the
findings of fact in support of such determination and shall
issue and cause to be served upon the owner and/or
parties in interest an order to repair within a stated time
period, which time period shall be reasonable in terms of
the amount of work required, those elements of the
building or structure that are deteriorating, contributing
to deterioration or deteriorated.
iv. Complaints or orders issued by the Planning Director
shall be served upon persons either personally, or by
registered or certified mail. When service is made by
registered or certified mail, a copy of the complaint or
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order may also be sent by regular mail. Service shall be
deemed sufficient if the registered or certified mail is
unclaimed or refused, but the regular mail is not returned
by the post office within ten (10) days after the mailing.
V. If the identities of any owners or the whereabouts of
persons are unknown and cannot be ascertained by the
Planning Director in the exercise of reasonable diligence,
or if the owners and/or parties in interest are known but
have refused to accept service by registered or certified
mail, and the Planning Director makes an affidavit to
that effect, then the service of the complaint or order upon
the owners and/or parties in interest may be made by
publication in a newspaper having general circulation in
the City at least once no later than the time at which
personal service would be required under the provisions of
this Article. When service is made by publication, a notice
of the pending proceedings shall be posted in a
conspicuous place on the building or structure thereby
affected.
vi. Failure on the part of any owner and/or parties of interest
to receive or have served upon them any complaint, notice
or order herein provided for, shall not affect or invalidate
the proceedings with respect to any other owner or party
in interest or any other person.
vii. In the event that the owner and/or other parties in
interest wish to petition for a claim of undue economic
hardship, the Planning Director's order shall be stayed
until after the Hardship Review Committee's
determination of such hardship. All claims of undue
economic hardship shall be made within fifteen (15) days
of the issuance of the order to repair the building or
structure by filing such claim with the Planning Director.
e. Safeguards from Undue Economic Hardship
When a claim of undue economic hardship is made, the
Planning Director shall notify the Hardship Review
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Committee within ten (10) days following the receipt of such
claim. The Committee shall schedule a hearing on the claim
within fifteen (15) days of receiving notice that a hearing is
requested. Enforcement proceedings shall be stayed until the
Committee makes a decision.
When a claim of undue economic hardship is made owning to
the effects of demolition by neglect, the burden of proof shall
be upon the owner and/or parties in interest to provide
evidence during the hearing upon the claim, describing the
circumstances of the hardship, which shall include:
i. Nature of ownership (individual, business or nonprofit) or
legal possession, custody, control, residency and a
description of the building or structure;
H. Financial resources of the owner and/or parties of
interest;
iii. Cost of repairs;
iv. Assessed value of the land and improvements;
V. Real estate taxes for the previous two years;
vi. Amount paid for the property, date of purchase and party
from whom purchased, including a description of the
relationship between the owner and the person from
whom the property was purchased or other means of
acquisition of title, such as by gift or inheritance;
vii. Annual debt service, if any for previous two years;
viii. Any listing of the property for sale or rent, price asked
and offers received, if any;
ix. Proof of application status for historic tax credits as filed
with the State of North Carolina; and
X. If the property is income producing:
• Annual gross income from the property for last two
(2) years;
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• Itemized operating and maintenance expenses for
the previous two (2) years, including proof that
adequate and competent management procedures
were followed; and
• Annual cash flow, if any, for the previous two (2)
years.
f. Committee's Action on Claim of Undue Hardship
Within fifteen (15) days of the Committee's hearing on a claim
of undue economic hardship, the Committee shall make a
finding of undue or no undue hardship and shall enter the
reasons for such finding into the record. In the event of a
finding of no undue hardship, the Committee shall report such
a finding to the Planning Director and the Planning Director
shall issue an order for such property to be repaired within the
time recommended by the Committee, if any, but not a shorter
time than specified in the order originally issued by the
Director.
In the event of a finding of economic or other hardship, the
finding may be accompanied by a recommendation to relieve
the hardship. This plan may include, but is not limited to,
loans or grants from the City or other public, private or non-
profit sources, acquisition by purchase, changes in applicable
zoning regulations or relaxation of the provisions of this
Division sufficient to mitigate the hardship. The Committee
shall report the finding and plan to the Planning Director. The
Director shall issue an order for such property to be repaired
within a specified time and according to the provisions of the
recommended plan. The Hardship Review Committee may
extend the deadline specified by the Planning Director if
substantial progress to remedy the situation is demonstrated.
g. Appeals
Orders made by the Planning Director or decisions of the
Hardship Review Committee may be appealed to the Board of
Adjustment in accordance with the procedures found in Article
12 of this Ordinance. The aggrieved party must file the
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application for an appeal within thirty (30) days following the
receipt of an order for repair of the building or structure or a
determination by the Committee on a claim for undue
economic hardship. Decisions of the Board of Adjustment shall
be subject to review by the Superior Court by proceedings in
the nature of certiorari. Any petition for review by the
Superior Court shall be filed with the Clerk of Superior Court
within thirty (30) days after the decision of the Board of
Adjustment is filed or delivered as provided by the rules and
procedures of the Board.
h. Other Powers
Nothing in this Article shall diminish the City's power to
declare a building unsafe or in violation of the Minimum
Housing Ordinance under the General Statutes of North
Carolina or other public safety ordinances of the city.
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