A.

Authority, Title

This chapter of the Statesville City Code is adopted pursuant to portions of one or more of the following authorities established by the North Carolina General Statutes (NCGS): Chapter 160D (Local Planning and Development Regulation), Chapter 160A (Cities and Towns), Chapter 113A (Pollution Control and Environment), Chapter 121 (Environmental Controls), Chapter 130A (Public Health), Chapter 133 (Public Works), and Chapter 136 (Roads and Highways), and the Charter of the City of Statesville. This Ordinance shall be known as the "Statesville, North Carolina Unified Development Code" hereinafter referred to as the "Code" and may be amended from time to time as required or allowed by subsequent legislative enactments.

B.

Effective Date

This Code, originally adopted August 2, 2010, shall be in full force and effect from and after its passage, approval and publication as required by law.

C.

Jurisdiction

The provisions of this Ordinance shall apply to all the territory encompassed in the City of Statesville, North Carolina, and its planning and development regulation jurisdiction, including any extraterritorial jurisdiction as now or hereafter fixed, as depicted on the City's Official Zoning Map on file at the Statesville City Hall. This map is hereby incorporated and made a part of this ordinance. This Ordinance shall govern the development and use of all land and structures within the City as provided for by Chapter 160D, except for bona fide farms in accordance with G.S. 160D-903(c)-(e). Local Planning and Development Regulation, of the North Carolina General Statutes (NCGS).

(Ord. No. 02-23, exh. A, 1-9-2023; Ord. No. 19-23, 5-1-2023)

In accordance with the authority set forth in Section 1.01, and the City's adopted Comprehensive Plan (hereinafter "the Plan"), the purpose of this Code is to:

A.

Implement the Comprehensive Plan, which includes the Land Development Plan and the Mobility and Development Plan;

B.

Promote public health, safety, comfort, order and general welfare;

C.

Conserve and protect property values;

D.

Protect private property rights;

E.

Promote orderly development and use of land and natural resources;

F.

Facilitate safe and economical provision of streets, water, wastewater disposal, schools, parks and other public requirements;

G.

Facilitate a safe and efficient multi-modal transportation systems for all users;

H.

Ensure that the density, design, location and uses of land help achieve a compatible mix of land uses that create sustainable residential neighborhoods and a vibrant economy that provides opportunities for all residents;

I.

Assure the adequate provision of facilities and services to new land developments in conformance with the Comprehensive Plan and Article 8;

J.

Assure the provision of needed open spaces through dedication, reservation, or other means for recreational; and

K.

Assure equitable and uniform procedures and standards for land development.

(Ord. No. 19-23, 5-1-2023)

A.

Generally

This Code shall be interpreted to promote the safety, health, convenience, comfort, prosperity, and general welfare of the public.

B.

Rules of Language

Words and phrases used in this Code shall be interpreted as follows:

1.

The Code shall be interpreted by considering, among others:

a.

the intent of the Mayor and City Council when adopting this ordinance;

b.

the occasion and necessity for the provision;

c.

the circumstances under which it was enacted;

d.

the threat to the public health, safety and welfare to be remedied;

e.

the object to be attained;

f.

the former provision, if any, including other provisions upon the same or similar subjects;

g.

the consequences of a particular interpretation;

h.

any contemporaneous legislative history; and

i.

legislative, administrative, and City attorney interpretations of the provision.

2.

Every provision shall be construed, if possible, to give effect to all its terms. When the words of a provision in its application to an existing situation are clear and free from all ambiguity, the letter of the provision shall not be disregarded under the pretext of pursuing the spirit. When the words of a provision are not explicit, the intention of the Mayor and City Council shall be determined by communication with Council members.

3.

General words are construed to be restricted in their meaning by particular and specific words. When a general provision is in conflict with a specific provision, the two (2) shall be construed, if possible, so effect may be given to both. If irreconcilable, the specific shall prevail and be construed as an exception to the general, unless the general was enacted as a later amendment to the Code, then it shall be construed to have the latter general provision prevail.

4.

In the case of a difference in meaning or implication between the text of the Code and the captions for each section, the text shall control.

5.

Where an amendment is adopted and conflicts with or overlooks a provision of the Code, the two (2) shall be interpreted together, if possible, and effect shall be given to each. If the amendment is irreconcilable, the latest in date of final adoption shall prevail.

6.

When the Code has been amended more than once, the latest amendment shall be read into the Code as previously amended and not as originally adopted.

7.

Words and phrases are construed according to the rules of grammar and according to their common and approved usage; but technical words and phrases and such others as have acquired a special meaning, or are defined by this Chapter, are construed according to the special meaning or their definition.

8.

Words used in the present tense include the future; words in the singular include the plural; and words of one (1) gender include the other gender, unless the context clearly indicates the contrary.

9.

All words, terms and phrases not otherwise defined herein shall be given their usual and customary meaning, unless the context clearly indicates a different meaning was intended.

10.

The word "shall" is always mandatory; the word "may" is permissive and is at the discretion of the appropriate decision-maker.

11.

For the convenience of the reader, certain words and phrases are defined in Article 9.

C.

Graphics

Illustrations are provided for the convenience of the user; in case of a conflict with the text, the text shall control.

D.

Computation of Time

Unless otherwise specifically provided, the timeframe specified for the performance of an act, duty, notice, matter, payment, or thing shall begin on the day following the submittal of an application or the preceding action. Specified timeframes shall not end on a Saturday, Sunday or a City-recognized holiday, but shall end on the following business day. Unless otherwise specified, times are stated in calendar days, including weekends and holidays.

E.

Relationship to Other Regulations and Plans

The use of buildings and land within the City and its ETJ shall be subject to the provisions of this Code as well as the City Code, whether or not such other provisions are specifically cross-referenced in this Code. Cross-references are provided for the convenience of the reader; lack of a cross-reference shall not be interpreted to mean other provisions do not apply.

1.

Consistency with Comprehensive Plan

a.

This Code, and any amendment to or actions pursuant to this Code, are intended to implement the goals and policies of the Plan and are hereby intended to be consistent with and in conformance with the adopted Plan.

b.

An amendment to the text of this Code is consistent with the Plan if it helps achieve the goals and objectives stated in the Plan in a manner consistent with applicable Plan policies. An amendment to the zoning map is consistent with the Plan if the map amendment is consistent with the Future Land Use Map contained in the Plan.

2.

Conflict. Whenever any provision of this Code or any other applicable law, rule, contract, resolution or regulation of the City, State or Federal government contains certain standards covering the same subject matter, the more restrictive requirements or higher standards shall govern.

3.

Severability. Should any section, or provision, clause, phrase, or sentence of this Article be declared by a court of competent jurisdiction the courts to be unconstitutional or invalid, such declaration shall not affect the validity of the remaining portions of this Article as a whole, or any part thereof, other than the part so declared to be unconstitutional or invalid.

4.

Development Under Prior Regulations

a.

Development under prior regulations shall be allowed, provided a valid development approval has not expired. All new applications shall comply with the provisions of this Code, except that a Final Plat may be approved if it is consistent with a valid Preliminary Plat. Any permit issued under prior regulations shall expire twenty-four (24) months or two (2) years after adoption of this Code, unless the applicant or permittee has established a valid vested right.

b.

Legal non-conforming situations may continue in conformance with Article 4.

5.

Relationship to Private Agreements. This Code is not intended to abrogate, annul or otherwise interfere with any easement, covenant or other private agreement or legal relationship; provided, however, that where the regulations of this Code are more restrictive or impose higher standards or requirements than such easement, covenant or other private agreement, the regulations of this Code shall govern.

6.

Relationship to Other Regulations and Codes. This Code establishes many, but not all, of the standards and procedures for development. Other portions of the City Code, as well as other standards, shall apply to development, including, but not limited to, adopted building codes, fire codes, utility, street, sidewalks, and drainage design and construction standards.

(Ord. No. 19-23, 5-1-2023)

A.

City Council

The City Council shall:

1.

Appoint or remove members to the Planning Board, Board of Adjustment, Historic Preservation Committee, Stormwater Advisory Committee, and Downtown Design Review Committee;

2.

Decide all requests for amendments to the Comprehensive Plan and Future Land Use Map upon receipt of recommendations from the Planning Board;

3.

Decide all rezoning requests for amendments to the zoning map and all Code text amendments upon receipt of recommendations from the Planning Board;

4.

Decide all requests for planned unit developments, special use permits, multi-family developments, and vested rights determinations upon recommendation of the Planning Board;

5.

Approve development agreements and rules and regulations for public improvements upon recommendation from the Planning Director or other staff members;

6.

Decide all appeals to actions of the Planning Board except as provided in this Code;

7.

Adopt fees and authorize waivers to fees;

8.

Decide applications for waivers from public improvement requirements;

9.

Decide requests for closing or abandoning streets;

10.

Decide on annexations;

11.

Decide on all demolitions in the Historic Districts, CB, CBP and Municipal Service Districts;

12.

Decide all requests for encroachments by properties coming under the review of the HPC; and

13.

Other responsibilities assigned by this Code, the City Charter, and other sections of the City Code, or State law.

B. Planning Board. Pursuant to the authority granted under NCGS 160D-301, the City hereby creates a planning agency to be known as the City of Statesville Planning Board.

The Planning Board shall:

1.

Composition:

a.

The Planning Board shall consist of seven (7) members who proportionally represent the population of the City's corporate limit and the extraterritorial jurisdiction (ETJ). The City Council shall appoint citizens who reside inside the City in accordance with NCGS 160D-310; and the Board of Commissioners of Iredell County shall appoint the member(s) who reside outside the City but within the ETJ in accordance with NCGS 160D-307. The population estimates for this calculation shall be updated no less frequently than after each decennial census.

b.

The City Council may appoint two (2) alternate members to serve on the Board in the absence of any regular members. Each alternate member, while attending any meeting of the Board and serving in the absence of any regular members, shall have and may exercise all the powers and duties of a regular member.

c.

Members of the Planning Board shall serve for terms of three (3) years, such terms to be staggered as follows: One (1) member shall be appointed for a one-year term; two (2) for two-year terms; and two (2) for three-year terms. Thereafter, members shall be appointed for three (3) years each. Said alternate members shall serve for a term of three (3) years each.

d.

The member(s) appointed by the Board of County Commissioners as representatives of the extraterritorial zoning area outside the City shall have equal rights, privileges and duties with the other members of the Board in all matters pertaining to the regulation of both the extraterritorial area and the area within the corporate limits. These members shall serve staggered terms as follows: One (1) member shall be appointed for a one-year term and one (1) for a two-year term. Thereafter, members shall be appointed for three (3) years each.

e.

Members of the Planning Board existing immediately prior to the adoption of this Code shall continue to serve during their terms provided the remainders of such terms do not exceed the length of the terms designated by this section.

f.

Vacancies occurring for reasons other than expiration of term shall be filled as they occur for the unexpired remainder of the term.

g.

The Planning Board shall elect one (1) of its members as chairman and shall appoint a secretary and such other subordinates as may be authorized by the City Council. The Board shall draft and adopt rules governing the transaction of its business.

2.

Responsibilities: The Planning Board shall:

a.

Make studies of the area within its jurisdiction and surrounding areas;

b.

Determine objectives to be sought in the development of the study area;

c.

Prepare and adopt plans for achieving these objectives;

d.

Develop and recommend policies, ordinances, administrative procedures, and other means for carrying out plans in a coordinated and efficient manner;

e.

Exercise any functions in the administration and enforcement of various means for creating or carrying out plans the City Council may direct;

f.

Conduct courtesy hearings and make recommendations on plan amendments, conditional uses, special uses, planned unit development, subdivisions, and site plans as applicable;

g.

Recommend changes and amendments to the Zoning Map and the Code text;

h.

Review with the City Manager and other City officials and report its recommendations to the City Council upon the extent, location and design of all public structures and facilities, on the acquisition and disposal of public properties, on the establishment of building lines, mapped street lines and proposals to change existing street lines. However, whether or not there is a recommendation from the Planning Board, the City Council may, if it deems wise, take final action on any such matter at any time.

i.

Other responsibilities assigned by this Code, the City Charter, other sections of the City Code, or State Law.

3.

Oath of Office. Any person appointed to the board shall take and subscribe the oath of office prescribed in Article VI, § 7 of the Constitution as stipulated in NCGS 160A-61.

4.

Voting. A simple majority of the Board membership shall be required to affirm any decision, recommendation, or statement of the Board.

5.

Conflicts and Violations of Due Process. A member of the Planning Board shall not participate in or vote on any matter in a manner that would violate affected persons' constitutional rights to an impartial decision maker. A member shall not vote on any advisory or legislative decision regarding a development regulation adopted pursuant to the Code where the outcome of the matter being considered is reasonably likely to have a direct, substantial, and readily identifiable impact on the member. A member shall not vote on any zoning amendment if the landowner of the property subject to a rezoning petition or the applicant for a text amendment is a person with whom the member has a close familial, business, or other associational relationship with an affected person. If an objection is raised to a member's participation and that member does not recuse himself or herself, the remaining members shall by majority vote rule on the objection. (NCGS 160D-109)

C.

Planning Director

The Planning Director, and their designees, (hereafter "local administrator" or "staff") shall:

1.

Administer, interpret and enforce the provisions of this Code.

2.

Serve as staff for the City Council, Planning Board, Board of Adjustment, Historic Preservation Commission, Downtown Design Review Committee, and Technical Review Committee, and act as a liaison to other agencies and organizations in land use matters.

3.

Review and render interpretations of this Code and the Official Zoning Map.

4.

Review and decide on applications made under this Code.

5.

Recommend approval, approval with conditions, or denial of applications.

6.

Review subdivisions, abandonments of streets, plats and make recommendations to the TRC, DRC, HPC, and Board of Adjustment, Planning Board, and City Council.

7.

Review and approve conveyances and plat adjustments or corrections.

8.

Review and approve, approve with conditions, or deny applications for construction plan approval.

9.

Keep a record of all permits, appeals, variances and such other related business and correspondence pertaining to the administration of this Code.

10.

Notify in writing any person responsible for violating this code, indicating the nature of the violation and ordering action necessary to correct it. In doing so, the Planning Director shall:

a.

order the discontinuance of the illegal use of land, buildings or structures;

b.

order the removal of illegal buildings or structures, or additions, alterations or structural changes thereto;

c.

order the discontinuance of any illegal work being done; or

d.

take any other action authorized by this Code and the City Council to ensure compliance and to prevent violation of its provisions.

11.

Serve as agents for the purposes of enforcing this Code, completing, signing, issuing, and serving citations.

12.

Waive information requirements of this Code and its Appendices if the requirements of the Code can be accomplished without such information.

13.

Review and approve minor exceptions and waivers as authorized by this Code.

14.

Serve as the local administrator of Flood Plain Development Permits, reviewing all floodplain development permits to assure that the permit requirements of Article 2 have been satisfied.

15.

Other responsibilities as may be assigned and delegated by the City Council.

16.

Conflict of Interest. Staff shall not make a final decision on an administrative decision required by this Ordinance if the outcome of that decision would have a direct, substantial, and readily identifiable impact on the staff member or if the applicant or other person subject to that decision is a person with whom the member has a close familial, business, or other associational relationship per NCGS 160D-109(c).

17.

Oath of Office. Staff shall take and subscribe the oath of office prescribed in Article VI, § 7 of the Constitution as stipulated in NCGS 160A-61.

D.

City Engineer

The City Engineer shall:

1.

Review Subdivisions and Development Agreements and determine the amount of the letter of credit, cash escrow or surety bond required for the construction of public improvements.

2.

Review and approve, approve with conditions, or deny applications for construction plan approval.

3.

Inspect public improvements and recommend appropriate action.

4.

Decide on all fee in lieu requests for road improvements, sidewalks, curb, and gutter.

E.

Technical Review Committee

1.

Composition: Membership of the Technical Review Committee (TRC) shall consist of the following persons or their designees:

a.

Planning Director;

b.

City Engineer;

c.

Director of Electric Utilities;

d.

Water Resources Director;

e.

City Arborist/Line Clearance Supervisor;

f.

Fire Marshal; and

g.

Other agencies that may be invited to participate will serve as ex officio members.

2.

Responsibilities: The Technical Review Committee (TRC) shall review each applicable site plan, minor subdivision, and major subdivision as defined herein and approve, approve with conditions, or deny each application. Final action of the TRC may be appealed to the City Council.

F.

City Arborist/Line Clearance Supervisor

The City Arborist/Line Clearance Supervisor shall:

1.

Serve as a member of the TRC;

2.

Review and act on landscape site plans, including review and approval of alternative landscape site plans;

3.

Inspect landscaping prior to issuance of a certificate of occupancy;

4.

Review and act on applications for tree preservation credits;

5.

Prepare and update approved plant species list;

6.

Review and approve specified exceptions to landscaping provisions;

7.

Make determinations pursuant to the application and enforcement of the landscaping requirements in Article 6 of this Code; and

8.

Make recommendations on landscaping variances to the Board of Adjustment.

G.

Director of Electric Utilities

1.

Administer, interpret and enforce the provisions of this Code as they apply to the City of Statesville Electric Utility customers or others under jurisdiction.

2.

Review subdivisions, site plans, construction plans, and electrical plans and make recommendations to the TRC, City Council, Developer, Builder or owner.

3.

Review and approve, approve with conditions, or deny applications for construction plan approval or electrical service.

4.

Review construction plans and identify potential conflicts with proposed and existing overhead and underground electric distribution facilities.

H.

Board of Adjustment. Pursuant to NCGS 160D-302, there is hereby created a Board of Adjustment.

1.

Composition.

a.

The Board of Adjustment shall consist of six (6) members who proportionally represent the population of the City's corporate limit and the extraterritorial jurisdiction (ETJ). The City Council shall appoint citizens who reside inside the City; and the Board of Commissioners of Iredell County shall appoint the member(s) who reside outside the City but within the ETJ. The population estimates for this calculation shall be updated no less frequently than after each decennial census.

b.

The City Council may appoint two (2) alternate members to serve on the Board in the absence of any regular members. Each alternate member, while attending any meeting of the Board and serving in the absence of any regular members, shall have and may exercise all the powers and duties of a regular member. It is recommended (but not required) that one (1) alternate be appointed by the Board of Commissioners of Iredell County as an alternate representative of the extraterritorial jurisdiction in addition to two (2) alternates from within the City limits.

c.

Members of the Board of Adjustment shall serve for terms of three (3) years, such terms to be staggered as follows: One (1) member shall be appointed for a one-year term; two (2) for two-year terms; and two (2) for three-year terms. Thereafter, members shall be appointed for three (3) years each. Said alternate members shall serve for a term of three (3) years each.

d.

The member(s) appointed by the Board of County Commissioners as representative(s) of the extraterritorial zoning area outside the City shall have equal rights, privileges and duties with the other members of the Board in all matters pertaining to the regulation of both the extraterritorial area and the area within the corporate limits. The member shall serve a three-year term. In the event that an alternate member is appointed to the board of adjustment by the Board of County Commissioners as a representative of the extraterritorial zoning area outside the City, his/her term shall be staggered in a manner in which his/her term will expire one (1) to two (2) years before/after the expiration of the term of the regular member that is appointed by the Iredell County Board of Commissioners.

e.

Members of the Board of Adjustment existing immediately prior to the adoption of this Code shall continue to serve during their terms provided the remainders of such terms do not exceed the length of the terms designated by this section.

f.

Vacancies occurring for reasons other than expiration of term shall be filled as they occur for the unexpired remainder of the term.

g.

The Board of Adjustment shall elect one (1) of its members as chairman and shall appoint a secretary and such other subordinates as may be authorized by the City Council. The Board shall draft and adopt rules governing the transaction of its business.

2.

Responsibilities: The Board of Adjustment:

a.

Shall reverse, affirm, or modify any appealed Staff action based on the involved facts and circumstances. To this end, the board shall have all the powers of the officer from whom the appeal is taken.

b.

May grant variances to the zoning regulations in accordance with the standards specified in this Code. In no case shall a variance be granted when it would be inconsistent with the spirit and purpose of this Code, allow for a land use to develop in a zoning district where not already permitted, or allow for an unpermitted expansion of a nonconformity.

c.

Shall interpret zoning maps and resolve disputed questions of district boundary lines and similar questions as they arise in the administration of this Code.

d.

Shall decide on appeals to any action by the Historic Preservation Commission by writ of certiorari.

3.

Oath of Office. Any person appointed to the Board shall take and subscribe the oath of office prescribed in Article VI, § 7 of the Constitution as stipulated in NCGS 160A-61.

4.

Voting:

a.

Variance: A four-fifths (⅘) vote of the members shall be required to grant a variance.

b.

All other matters: A simple majority of the Board membership shall be required to affirm, reverse or modify any written order, decision, or interpretation of the Planning Director charged with enforcing this Ordinance; to decide in favor of the applicant on a matter [other than variances] upon which the Board is required to pass.

Vacant positions on the Board of Adjustment and members disqualified from voting on a matter before the Board shall not be considered members for calculation of the requisite majority if there are no qualified alternates available to take the place of such members.

5.

Conflicts and Violations of Due Process. A member of the 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 violations of due process 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. If an objection is raised to a member's participation and that member does not recuse himself or herself, the remaining members shall by majority vote rule on the objection. (NCGS 160D-109).

6.

Proceedings. All meetings of the Board of Adjustment shall be open to the public. The Board shall keep minutes showing the vote of each member on each question and the absence or failure of any member to vote. The final disposition of each matter decided by the Board of Adjustment shall be by recorded resolution indicating the reasons for the decision, based on findings of fact obtained by testimony under oath or affirmation and conclusions of law which shall be public record. On all appeals, applications and other matters brought before the Board of Adjustment, the Board shall inform in writing all the parties involved of its decision and the reasons for that decision.

I.

Historic Preservation Commission. Pursuant to NCGS 160D-303, there is hereby created a Historic Preservation Commission.

1.

Composition: The Commission shall be a nine-member Commission appointed by the City Council. A majority of the members of the Commission shall have demonstrated special interest, experience or education in history, architecture, archaeology, or related fields, and all members shall reside within the zoning jurisdiction of the City. Members shall be appointed for three-year staggered terms and three (3) members shall be appointed for a one-year term; two (2) for two-year terms; and two (2) for three-year terms. Thereafter, members shall be appointed for three (3) years each.

2.

Responsibilities: The Commission shall meet at regular scheduled times and at such other times as said Commission may determine or at the call of its Chairman. The Committee shall prepare and adopt rules governing the transaction of its business, such that proposals are heard:

a.

Within a reasonable time;

b.

In a manner which is conducive to commission consideration;

c.

In a manner which will facilitate commission action.

3.

The Historic Preservation Commission rules shall also reference the Statesville Design Guidelines.

4.

Voting: A simple majority vote of the members shall be required to grant a certificate of appropriateness. For the purposes of this subsection, and consistent with the provisions of NCGS 160D-406(i), vacant positions on the board and members who are disqualified from voting 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.

5.

Conflicts and Violations of Due Process. A member of the Historic Commission 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 violations of due process 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. If an objection is raised to a member's participation and that member does not recuse himself or herself, the remaining members shall by majority vote rule on the objection. (NCGS 160D-109).

J.

Downtown Design Review Committee

1.

Composition.

a.

The committee shall be composed of five (5) members all appointed by the City Council. Four (4) members shall be residents of the City's planning and zoning jurisdiction or own a business with the same. One (1) member shall be an active member on the DSDC Board of Directors. Two (2) ex-officio members will be comprised on the Executive Director or designee of DSDC and the City Planning Director or designee.

b.

Where possible, appointments shall be made in such a manner as to maintain on the committee at all times a majority of members who have had special training or experience in a design field, such as architecture, landscape architecture, construction, City planning or a closely related field.

c.

Members shall be appointed for three-year staggered terms. Initially, committee appointments shall be: One (1) member for a one-year term, two (2) members for two-year terms and two (2) members for three-year terms. The initial terms will commence on July 1, 2008, however, all appointees prior to that date will serve the interim period from the passage of this ordinance. All subsequent appointments, except to fill a vacancy, shall be for three-year terms.

d.

The committee shall meet at regular, scheduled times and at other times as the committee may determine. All of its meeting shall be open to the public. A quorum of three (3) members shall be necessary to take official action.

2.

Responsibilities. The Downtown Design Review Committee shall:

a.

Review building plans for compliance with the requirements set forth in Section 6.09, Section 6.10 and the adopted Design Guidelines. Appeals from the Design Review Committee shall be considered by the City Council.

K.

Building Inspector - reserved.

L.

Stormwater Advisory Committee - reserved.

M.

Coordination Among Officials

City Manager and the City Attorney shall provide assistance to the Planning Director in the enforcement of this Code. They shall be ad hoc members of any committee established for the review of development applications. Officials of public utility companies also may be included in any plan review committee in order to determine that utilities will be available for the proposed development and will be sufficient to meet the needs of the new residents or utility users.

N.

Applicant, Developer or Property Owner

All applicants, developers, and property owners are responsible for compliance with the requirements of this code.

(Ord. No. 05-14, 5-5-2014; Ord. No. 07-15, 5-4-2015; Ord. No. 05-16, 3-21-2016; Ord. No. 09-21, 3-1-2021; Ord. No. 30-21, 6-6-2021; Ord. No. 02-23, exh. A, 1-9-2023; Ord. No. 19-23, 5-1-2023; Ord. No. 45-23, 11-6-2023)

A.

Application of Regulations During Local Emergency

The City Council shall have the authority to waive standards within this Code during local emergencies declared by Federal, State or local officials.

B.

Exempt Subdivisions

1.

The following unconventional subdivisions of land shall be exempt from compliance with the subdivision requirements of this Code:

a.

Exemptions granted by State law;

b.

The acquisition of land by the City for right-of-way;

c.

Cemetery lots;

d.

Leaseholds for space within a multi-occupant building or a commercial building site, provided the property is a part of an approved subdivision; and

e.

Leaseholds for agricultural uses provided the uses do not include a residence or other purpose not directly related to agricultural use.

2.

Consistent with NCGS 160D-802, the following shall be exempt from the subdivision procedures in this Code, provided they comply with all other provisions:

a.

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 local government as shown in its subdivision regulations.

b.

The division of land into parcels greater than ten (10) acres where no street right-of-way dedication is involved.

c.

The public acquisition of right-of-way for the widening or opening of streets or for public transportation system corridors.

d.

The division of a tract in single ownership whose entire area is no greater than two (2) acres into not more than three (3) lots, where no street right-of-way dedication is involved and where the resultant lots are equal to or exceed the standards of the local government, as shown in its subdivision regulations.

e.

The division of a tract into parcels in accordance with the terms of a probated will or in accordance with intestate succession under Chapter 29 of the General Statute.

f.

A residential lot approved by (a) the Planning Board of the City of Statesville on a final plat or on a preliminary plat and where in reliance upon such preliminary approval substantial improvements have been made upon the ground prior to the effective date of this ordinance, or (b) a lot approved by the Iredell County Planning Board on a final plat or on a preliminary plat and where in reliance on such preliminary approval substantial improvements have been made prior to being annexed into the City, or (c) a lot recorded in the office of the register of deeds of Iredell County, prior to May 1, 1972, and which lot did not receive approval as described in (a) or (b) above and which does not comply with the dimensional requirements for the applicable district in which such lot is located, as provided for in Article 3 and Article 6 of this ordinance, may be used for any use provided for in the applicable districts, subject to the following:

(1)

For the purpose of placement of a principal residential structure on lots described in (a) or (b) above, the minimum setbacks which were applicable to such lots at the time such lots received approval from the planning authority which granted approval shall be observed. All other structures proposed on such lots shall meet all requirements of this ordinance. Lots described in (a), (b) or (c) above shall meet all requirements of this ordinance for the district in which such lot is located for the placement of any structure proposed on such lot.

(2)

When two (2) or more adjoining lots as described in (a), (b) or (c) above are in one (1) ownership after the adoption of this ordinance, and each lot is deficient in width and area for the district in which the lots are located, such lots shall be combined to create one (1) or more lots that will meet the requirements for lot width and lot area for the applicable district.

g.

The conveyance of parcels of land or interests therein for use as right-of-way for railroads or other public utility facilities which does not involve new streets or off-site easements.

h.

Conveyances relating to the dedication of land for a public use.

i.

A conveyance made to correct a description in a plat, such as:

(1)

To correct an error in any course or distance;

(2)

To add any course or distance erroneously omitted from a plat;

(3)

To correct an error in the description of property in a plat;

(4)

To show the proper location or character of any monument which has been changed in location or character or which was shown incorrectly on the prior plat.

j.

The front yard setback requirements of this code for dwellings shall not apply to any lot where the average setback of existing buildings located wholly or partially within one hundred (100) feet on either side of the proposed building lot and on the same side of the same block and use district and fronting on the same street as such lot is less than the minimum required front yard depth. In such case, the setback on such lots may be less than the required setback, but not less than the average of the existing setbacks on the aforementioned lots, or a distance of ten (10) feet, from the street right-of-way line, whichever is greater. In the case of a corner lot the side yard setback may be less than the required setback, but not less than the existing side or front yard setback of lots behind the lot, or a distance of ten (10) feet from the street right-of-way line, whichever is greater.

3.

The City shall only require a final plat for recordation for the division of a tract or parcel of land in single ownership if all the following criteria are met:

(1)

The tract or parcel to be divided is not exempted under subdivision (2) of subsection (a) of this section.

(2)

No part of the tract or parcel to be divided has been divided under this subsection in the ten (10) years prior to division.

(3)

The entire area of the tract or parcel to be divided is greater than five (5) acres.

(4)

After division, no more than three (3) lots result from the division.

(5)

After division, all resultant lots comply with all of the following:

a.

All lot dimension size requirements of the applicable land-use regulations.

b.

The use of the lots is in conformity with the applicable zoning requirements.

c.

A permanent means of ingress and egress is recorded for each lot. All residential lots must abut a public street for a distance of at least thirty-seven and one-half (37 ½) feet except townhouse lots.

C.

Fee In Lieu for Road Improvements, Curbs, Gutters, or Sidewalks

The property owner and/or developer may have the option to pay a fee in lieu, at the discretion of the City Engineer, for curbs, gutters, and sidewalks if the required improvements meet one (1) or more of the following criteria:

1.

If the adjacent road or roads are within limits of NCDOT Controlled Access Right-of-Way (Partial or Fully Controlled) if no additional conditions are imposed by NCDOT. Curbs, gutters and sidewalks will be required in NCDOT Full Access Rights-of-Way, unless criteria 2 or 3 apply.

2.

If the improvements will exceed the threshold of Nationwide Permit 14 by causing a loss of greater than one-half (½) acre of non-tidal waters of the United States or a loss greater than one-third (⅓) acre of tidal waters of the United States.

3.

If topography or drainage features make it impractical to construct, or if the improvements will create a safety hazard that cannot be reasonably mitigated by common practices (i.e. fencing, guardrail, signage, etc.)

D.

City Initiated Requests

The City Manager, Mayor, Planning Board or City Council may initiate a request for any development permit on behalf of the City. Such requests shall not be subject to fees, but shall otherwise follow the same procedures established herein.

(Ord. No. 02-23, exh. A, 1-9-2023; Ord. No. 19-23, 5-1-2023)

A.

Land Use/Zoning Regulations:

1.

Violations: Any of the following shall be a violation of this Code and shall be subject to the enforcement remedies and penalties provided by this Section and NCGS 160D-404.

a.

Development Without Permit. To engage in any development, use, construction, remodeling, or other activity of any nature upon the land or improvements thereon subject to the jurisdiction of this Code without all required permits, certificates, or other forms of authorization as set forth herein.

b.

Development Inconsistent with Permit. To engage in any development, use, construction, remodeling, or other activity of any nature in any way inconsistent with any approved plan, permit, certificate, or other form of authorization granted for such activity.

c.

Violation by Act or Omission. To violate, by act or omission, any term, variance or waiver, condition, or qualification placed by the City Council or its agent boards upon any required permit, certificate, or other form of authorization for the use, development, or other activity upon land or improvements thereon.

d.

Use in Violation. To erect, construct, reconstruct, alter, repair, convert, maintain, or use any building or structure or to use any land in violation or contravention of this Code, or any other regulation made under the authority conferred thereby.

e.

Subdivide in Violation. To subdivide land in violation of this Code or transfer or sell land by reference to, exhibition of, or any other use of a plat or map showing a subdivision of the land before the plat or map has been properly approved under this Ordinance and recorded in the Office of the Register of Deeds of Iredell County. The description by metes and bounds in the instrument of transfer or other document used in the process of selling or transferring land does not exempt the transaction from violation of this Ordinance.

f.

Continuing Violations. Each day's violation of any provision of this Code is a separate and distinct offense.

2.

Enforcement Intent: It is the intention of this Code, unless otherwise provided, that all questions arising in connection with the enforcement of this Code shall be presented first to the Planning Director and that such questions shall be presented to the Board of Adjustment only on appeal from a written determination made by Staff in accordance with this Code. An appeal from the decision of the Board of Adjustment shall be by proceedings in the nature of certiorari to the Superior Court of Iredell County as provided by law and in accordance with this Ordinance.

3.

Enforcement Procedure: When Staff finds a violation, it shall be their duty to notify the owner or occupant of the land, building, structure, sign, or use of the violation. The owner or occupant shall immediately remedy the violation.

a.

Notice of Violation. If the owner or occupant of the land, building, sign, structure, or use in violation fails to take prompt corrective action, Staff shall give the holder of the development approval, landowner, person undertaking the work activity, or occupant written notice, by first class mail, email, general delivery mail, certified or registered mail to their last known address, or by personal service, by posting notice of the violation conspicuously on the property, or in accordance with Rule 4 of the North Carolina Rules of Civil Procedure.

The notice of violation shall include, but not be limited to:

1.

That the land, building, sign, structure, or use is in violation of the Code;

2.

The nature of the violation, and citation of the section of the Code violated;

3.

The measures necessary to remedy the violation;

4.

The opportunity to cure the violation within a prescribed period of time.

b.

Extension of Time to Remedy. Upon receipt of a written request from the alleged violator or the property owner for an extension of time to remedy or correct the violation, Staff may grant a single extension of time, not to exceed a period of thirty (30) calendar days, in which the alleged violator may cure or correct the violation before the City pursues enforcement action as provided for in this section.

c.

Appeal. Any owner or occupant who has received a Notice of Violation may appeal in writing the written determination of Staff to the Board of Adjustment within thirty (30) days following receipt of the written determination in accordance with this Code. The Board of Adjustment shall hear an appeal within thirty-six (36) days of the date of submittal of a complete application, and it may affirm, modify, or revoke the Notice of Violation. In the absence of an appeal, the remedies and penalties sought by Staff in the Notice of Violation shall be final. Notice of such hearing shall be provided as required by this Code.

d.

Order of Corrective Action. If, upon a hearing held pursuant to an appeal as prescribed above, the Board of Adjustment shall find that the owner or occupant is in violation of this Ordinance, the Board of Adjustment shall make an order in writing to the owner or occupant affirming the violation and ordering compliance.

e.

Failure to Comply with an Order. If the owner or occupant of a property fails to comply with a Notice of Violation from which no appeal has been taken, or an Order of Corrective Action following an appeal, the owner or occupant shall be subject to such remedies and penalties as may be provided for by G.S. 160D-404 and this section. If the owner or occupant fails to comply with the remedies and penalties prescribed, enforcement shall be sought through an order of a court of competent jurisdiction.

4.

Remedies. Any one (1) or all of the following procedures may be used to enforce the provisions of this Ordinance.

a.

Injunction. Any violation of this Code or of any condition, order, or requirement, or remedy adopted pursuant hereto may be restrained, corrected, abated, mandated, or enjoined by other appropriate proceeding pursuant to state law.

b.

Civil Penalties. Any person who violates any provisions of this Ordinance shall be subject to the assessment of a civil penalty under the procedures provided in subsection (5).

c.

Denial of Permit or Certificate. Staff may withhold or deny any permit, certificate, occupancy permit or other form of authorization on any land, building, sign, structure, or use in which there is an uncorrected violation of a provision of this Code or of a condition or qualification of a permit, certificate, or other authorization previously granted.

d.

Conditional Permit or Temporary Certificate. Staff may condition the authorization of any permit or certificate upon the correction of the deficiency, payment of civil penalties within a specified time, or the posting of a compliance security approved by appropriate governmental authority.

e.

Stop Work Orders. Whenever a building, sign, or structure, or part thereof is being constructed, reconstructed, altered, or repaired in violation of this Code, Staff may order the work to be immediately stopped. The stop work order shall be in writing and directed to the owner, occupant, or person doing the work. The stop work order shall state the specific work to be stopped, the specific reasons for the stoppage, and the conditions under which the work may be resumed. Such action shall be in accordance with G.S. 160D-404(b). Violation of a stop work order regarding any building deemed unsafe shall constitute a Class 1 misdemeanor.

f.

Revocation of Permits. Staff may revoke and require the return of a permit by notifying the permit holder in writing stating the reason 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 any applicable State or local laws, or for false statements or misrepresentations made in securing the permit. Any permit mistakenly issued in violation of an applicable State or local law may also be revoked. (See G.S. 160D-403(f) for statutory authorization by law.)

g.

Penalties. Any violation of this Ordinance shall be subject to remedies as provided by G.S. 160D-404(c).

5.

Civil Penalties - Assessment and Procedures:

a.

Penalties. Any person who violates any provisions of the Code shall be subject to assessment of a civil penalty in the amount prescribed as follows:

i.

Warning Citation .....No Penalty

ii.

Civil Penalty .....$50.00 a day per individual offense.

If the offender fails to pay the civil penalties within fifteen (15) days after having been cited, the City may recover the penalties and cost of collection, including attorney fees and court costs, as permitted by law in a civil action in the nature of debt. Penalties collected shall be distributed in accordance with applicable law.

b.

Notice. No civil penalty shall be assessed until the person alleged to be in violation has been notified of the violation in accordance with Section 1.06 (A) (3) of the Code (Notice of Violation). If after receiving a notice of violation, the owner or other violator fails to take corrective action within the prescribed period of time, a civil penalty may be imposed under this Section in the form of a citation. The citation shall be served in the same manner of a Notice of Violation. The citation shall state the nature of the violation, the civil penalty to be imposed upon the violator, and shall direct the violator to pay the civil penalty within fifteen (15) days of the date of the notice.

c.

Responsible Parties. The owner or occupant of any land, building, structure, sign, or use of land or part thereof and any architect, builder, contractor, agent, or any other person who participates or acts in concert, assists, directs, creates, or maintains any condition that is in violation of the requirements of the Code may be held responsible for the violation and subject to the civil penalties and remedies herein provided.

d.

Continuing Violation. For each day thereafter, if the violation is not corrected, the violator will be guilty of an additional and separate offense and subject to additional civil penalty.

e.

Demand for Payment. Staff shall make written demand for payment upon the property owner or the person in violation and shall set forth in detail a description of the violation for which the civil penalty has been imposed.

f.

Nonpayment. If payment is not received or equitable settlement reached within thirty (30) days after demand for payment is made, the matter shall be referred to legal counsel for institution of a civil action in the appropriate division of the General Courts of Justice for recovery of the civil penalty, reasonable attorney fees and court costs. Provided, however, if the civil penalty is not paid within the time prescribed, Staff may have a lien for all cost incurred placed upon the property that is the subject of the violation.

6.

Other Powers and Actions

a.

State and Common Law Remedies. In addition to other enforcement provisions contained in this Article, the City Council may exercise any and all enforcement powers granted to it by state law or common law.

b.

Previous Enforcement. Nothing in this Code shall prohibit the continuation of previous enforcement actions.

7.

Remedies Cumulative and Continuous

a.

Cumulative Violations. All such remedies provided herein shall be cumulative. To the extent that North Carolina law may limit the availability of a particular remedy set forth herein for a certain violation or a part thereof, such remedy shall remain available for other violations or other parts of the same violation.

b.

Repeat Violations. If an owner or occupant repeats the same violation, on the same parcel, within a five-year period from the date of the initial violation, it shall be a continuation of the initial violation and shall be subject to additional penalties and remedies.

B.

Building Inspections: Inspection functions for the City of Statesville are the responsibility of the Iredell County Inspections Department.

(1)

Inspection of Work in Progress

As the work pursuant to a permit progresses, the local 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 this Code and the terms of the permit. In exercising this power, administrative staff are authorized, upon presentation of proper credentials, to enter on any premises within the territorial jurisdiction at any reasonable hour for the purpose of inspection or other enforcement action, provided the appropriate consent has been given for inspection of areas not open to the public or that an appropriate inspection warrant has been secured.

(2)

Violations to be Corrected

When the local administrator finds violations of applicable State and local laws, it shall be his duty to notify the owner or occupant of the building of the violation. The owner or occupant shall each immediately remedy the violations of law in the property he owns.

(3)

Stop Orders

Whenever a building or part thereof is being constructed, reconstructed, altered or repaired in violation of this article, the administrator may order the work to be immediately stopped if the violation poses an imminent threat to life, safety and/or the environment; or where no permits have been issued prior to work commencing. The stop order shall be in writing and directed to the person doing the work. The stop order shall state the specific work to be stopped, the specific reasons for the stoppage, and the conditions under which the work may be resumed. Violation of a stop order constitutes a misdemeanor.

(4)

Violation

Any person found to be violating this Code shall be guilty of a misdemeanor, subject to a fifty dollars ($50.00) per day fine or other penalties specified in this code.

(5)

Revocation of Permits or Approvals

Development approvals may be revoked in accordance with Article 2, by following the same development review and approval process required for the issuance of the approval, including any required notice or hearing.

(6)

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 administrator shall give him written notice, by certified or registered mail, to his last known address or by personal service:

a.

That the building or property is in violation of this Code;

b.

That a hearing will be held before the local administrator at a designated place and time, not later than ten (10) 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,

c.

That following the hearing, the local administrator may issue such order to alter, vacate, or demolish the building or structure as appropriate.

7.

Order to Take Corrective Action

If, upon a hearing held pursuant to the notice prescribed above, the administrator shall find that the building or development is in violation of this Code, he shall make an order in writing to the owner, requiring the owner to remedy the violations, within such period, not less than sixty (60) days, the administrator may prescribe; provided, that where the administrator 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.

8.

Appeal

Any owner who has received an order to take corrective action may appeal in writing to the Planning Director and the clerk within ten (10) days following issuance of the final order. In the absence of an appeal, the order of the administrator shall be final. The City Council shall hear an appeal within a reasonable time and may affirm, modify and affirm, or revoke the order.

9.

Civil Remedies and Enforcement Powers

In addition to the remedies allowed by law, the regulations and standards contained in this Article may be enforced through the issuance of a civil citation by the Planning Director or his designee.

10.

Separate Offenses May be Charged

Each day a violation occurs shall be a separate violation, punishable as a separate offense.

(Ord. No. 30-21, 6-6-2021; Ord. No. 02-23, exh. A, 1-9-2023)

A.

Use of Land

Except as herein specifically provided, no building shall be erected, converted, enlarged, reconstructed, moved or structurally altered, nor shall any building or land be used, except under the following circumstances:

1.

The use shall be permitted in the district in which the use is located, pursuant to Article 3.

2.

No more than one (1) principal building may be located on one (1) lot, unless otherwise authorized.

3.

No mobile home, camper, bus, tractor trailer, or other structure not specifically designed as a permanent residence may be used as an accessory structure in a residential district.

4.

No structure or land shall be occupied or used without first obtaining a Certificate of Occupancy. Staff is responsible for signing off on a Zoning Compliance Permit while Iredell County Inspections staff signs off on the Certificate of Occupancy.

5.

All uses shall comply with all applicable building, life, safety, fire and health codes adopted by the City and all applicable regulations adopted by the County, State or Federal governments.

B.

Subdivision of Land

Except as herein provided, no land shall be divided or subdivided, except in conformance with this code and subject to the following conditions:

1.

All divisions or subdivisions of land into two (2) or more tracts, parcels or lots that are located within the jurisdiction of the City shall be subject to the procedures and requirements established herein.

2.

No subdivision plat shall be filed for record, recorded, or modified until approved in conformance with this code.

3.

No land dedicated shall be used for a public purpose, nor shall a subdivision or property containing such land or part thereof be made or recorded prior to obtaining final plat approval.

4.

No grading, clearing, and grubbing, shall occur prior to the completion of a tree inventory and issuance of Sketch Plan approval or site development plan approval, except for development of a single family residence on a lot one (1) acre or less in size.

C.

Transfer of Land; Building Permit

No parcel of land in a subdivision created after August 2, 2010, shall be transferred or sold; nor shall a building permit, certificate of zoning compliance or Certificate of Occupancy be issued for any use or structure thereon, until a plat has been recorded with the Register of Deeds. Any person who violates this provision shall be subject to the penalties expressed in Section 1.06.

(Ord. No. 02-23, exh. A, 1-9-2023)

A.

Any action on an application for development shall be subject to payment of the required fee.

B.

The amount of fees for development permits and applications are located in the Planning Department.

C.

All required fees shall accompany an application, shall be made payable to the City of Statesville, and shall be submitted to the Planning Director.

D.

All fees are non-refundable.

Editor's note— Ord. No. 02-23, exh. A, adopted Jan. 9, 2023, repealed § 1.09, which pertained to appeals from staff determinations and derived from the Unified Development Code, § 1.09, adopted Aug. 2, 2010.