Any proposed land use or development shall comply with the procedures of this Code. Table 2-1 summarizes the procedures and decision-makers involved in the development review process.

A.

Procedures

The following procedures apply to all applications, except as modified in Part 2 and Part 3 of this Article.

1.

Optional Pre-application Conference: Applicants are encouraged to meet with Staff to discuss the nature of a proposed application, submittal requirements, and review procedures and standards. Staff may identify additional information needed to assess the project. The results of the pre-application conference shall be made part of the development file upon submittal of an application.

2.

Application Requirements: Application materials shall be available in the office of the Planning Director. Applications shall be filed in advance of any required public hearing or public meeting. The Planning Director shall establish a schedule for filing any application requiring action by the TRC, DRC, HPC, Board of Adjustment, Planning Board and/or the City Council.

3.

Application Review: Staff shall review the application for completeness. Incomplete applications shall be returned to the applicant to be resubmitted in conformance with this Code. No application is considered to have been formally submitted unless it is complete and includes all required submittal elements. No incomplete application shall be processed and no timeliness shall be applicable to incomplete applications.

4.

Staff Review: All applications shall be reviewed by City staff and other appropriate agencies for compliance with applicable codes and policies. Review agencies may request additional time for review, which may be granted by the decision-maker if good cause is shown and if such request is made within the review time. The agencies' review is advisory and does not constitute approval or denial. Upon completion of staff review, staff will provide comments in writing to the applicant and applicable decision maker.

5.

Planning Director's Decision: After the applicant has had the opportunity to respond to the comments of staff, committees and other agencies, the Planning Director shall:

a.

Approve, approve with conditions, or deny applications for which he/she is the decision-maker; or

b.

Recommend approval or denial of the applications for which the Planning Board or City Council is the decision-maker.

6.

Appeals: Appeals of a Planning Director's decision shall be filed with the Planning Director within thirty (30) days of the date of the decision being appealed. Appeals shall be heard by the Board of Adjustment consistent with Section 1.04 (H) of this Code.

7.

Amendments: A permit shall be amended through the process by which it was originally approved.

8.

Enforcement and Revocation: The Planning Director may revoke any permit for failure to comply with the conditions of the permit, by notifying the holder in writing stating the reason for the revocation, and by following the same development review and approval process required for the issuance of the approval, including any required notice or hearing. Any development approval mistakenly issued in violation of an applicable State or local law may also be revoked in accordance with the provisions herein by following the same process required for the issuance of the approval.

9.

Drawing Standards: All drawings submitted as part of an application must meet the following minimum standards:

a.

All plans/drawings shall be drawn to scale using such a scale that all features required to be shown on the plans are readily discernable.

b.

Final plats, site plans, site development plans and PUD plans shall be prepared by a licensed design professional with the appropriate statutory authority.

c.

All plans/drawings shall include a title, contained within a title block giving the name(s) of the applicant(s), date, graphic scale, and the person or firm preparing the plan, a north arrow and a legend if necessary.

d.

The applicant shall provide an appropriate and reasonable number of digital or paper copies that the administrator deems necessary to expedite the review process and to provide necessary permanent records.

10.

Permit Choice: If an application made in accordance with the Code is submitted, and development regulation(s) change between the time the application was submitted and a decision is made, the applicant may choose which version of the development regulations will apply to the formally accepted application in accordance with NCGS 160D-108.

B.

Notice

The content of public hearing notices and method of giving notice for public hearings shall conform to the requirements of this Code as well as State law. Hearings shall be held by the City Council, Planning Board, Historic Preservation Commission and/or Board of Adjustment in accordance with this Code and any rules established by said authorities.

1.

Timing of Notice: Notice shall be published, mailed or posted within the timeframe established in Table 2-1 or by State law.

2.

Published Notice: Published notice in a newspaper having general circulation in the area shall appear as required by Table 2-1, setting forth the date, time, place and purpose of the hearing, the name of the applicant and identification of the subject property.

a.

Legislative Hearings: In instances where a published notice is required, consistent with NCGS 160D-601 (a) the notice shall be given once a week for two (2) successive calendar weeks in a newspaper having general circulation in the area. The notice shall be published the first time not less than ten (10) days nor more than twenty-five (25) days before the date scheduled for the hearing. In computing such period, the day of publication is not to be included but the day of the hearing shall be included.

b.

For Zoning Map amendments proposing to change the zoning designation of more than fifty (50) properties, owned by at least fifty (50) different property owners, consistent with NCGS 160D-602 (b) the City County may elect to public an alternative notice of hearing not less than one-half of a newspaper page in size. If this method is followed, mailed notice shall not be required in this specific circumstance as detailed in Section 2.01(B)(3)(a)(1) of the Code below.

3.

Mailed Notice of Public Hearing: Mailed notice shall be sent by first class U.S. mail as required by Table 2-1, to every property owner required by State law to receive such notice, delivered to the mailing address listed in the official records of the Iredell County Assessor. In all cases, this required notice shall be deposited in the mail at least ten (10) but not more than twenty-five (25) days prior to the date of the hearing.

a.

Form of Notice: Mailed notice shall be in letter form stating the date, time and place of the hearing, a general description of the proposal, the location of the property that is the subject of the hearing, and other such requirements as further specified in this Code. The mailed notice must also include a statement explaining that members of the public may be heard at the public hearing depending on the nature of the proceedings.

1.

Consistent with NCGS 160D-602 (b), the first-class mail notice shall not be required if a Zoning Map amendment proposes to change the zoning designation of more than fifty (50) properties, owned by at least fifty (50) different property owners, and the City Council elects to use the expanded published notice provided under State law (NCGS 160D-602 (b)). Property owners who reside outside of the newspaper circulation area, according to the address listed on the most recent property tax listing for the affected property, shall be notified according to the provisions of subsection (a).

b.

Receipt of Notice: The failure of a property owner to receive notice by mail, if timely sent and properly addressed to the current owner of record, shall not be grounds for invalidating any action taken by the responsible decision-making body.

c.

Specific mailed notice requirements:

1.

Legislative Hearings (i.e. Zoning Map): Notice shall be mailed to the applicant, the owners of affected parcels of land subject to the rezoning request, and the owners of all parcels of land abutting the subject parcel. For the purpose of this section, properties are "abutting" even if separated by a street, railroad, or other transportation corridor.

2.

Evidentiary Hearings (i.e. Variances, Appeal, Special Use Permits, Certificates of Appropriateness, etc.): Notice shall be mailed to the person or entity whose appeal, application, or request is the subject of the hearing; to the owner of the property that is the subject of the hearing if the owner did not initiate the hearing; and to the owners of all parcels of land abutting the parcel of land that is the subject of the hearing. For the purpose of this section, properties are "abutting" even if separated by a street, railroad, or other transportation corridor.

4.

Property Sign: For hearings where a sign is required, consistent with State law, the City shall prominently post a notice of the date, time, and location of a public hearing on the site that is the subject of the hearing, or on an adjacent street or highway right-of-way. This notice shall be posted at least ten (10) days, but not more than twenty-five (25) days, prior to the date of the public hearing.

5.

Agenda Notice: The agenda shall be posted at the City offices at least forty-eight (48) hours prior to any public hearing.

C.

Application Review Procedures

1.

Application Review: All applications shall be reviewed in accordance with the processes described in Table 2-1 and the applicable section of this Article.

Table 2-1: Summary of Application Procedures

D.

Public Hearings

1.

Purpose of Public Hearings: Public hearings are an open gathering of officials and citizens in which citizens are permitted to offer comments. The purpose of a public hearing is to allow the applicant and all other interested parties a reasonable and fair opportunity to be heard, to present evidence relevant to the application, and to rebut evidence presented by others. There are three (3) types of hearings: legislative, evidentiary and administrative. Each hearing type and the decisions rendered are defined in Article 9, Definitions.

2.

Conduct of Hearing: Public hearings shall be conducted in conformance with State law, this Code, and adopted rules of procedures.

3.

Planning Board, Historic Preservation Commission, Board of Adjustment, and City Council Procedures:

a.

Rules of Procedure: Rules of Procedure may be adopted, provided they are consistent with the provisions of this Code.

b.

Conduct of Meetings:

(1)

All meetings shall be open to the public.

a.

For evidentiary hearings held by the Board of Adjustment, the Historic Preservation Commission, and City Council, only sworn individuals, determined to have standing, may present evidence and testimony to the Board.

(2)

There shall be conducted at least one (1) regularly scheduled meeting per month, more often if necessary, for the transaction of business.

c.

Minutes:

(1)

Minutes shall be kept for each meeting showing the vote of each member upon each question, or, if absent or failing to vote, indicating such fact, and recording its deliberations and other official actions.

(2)

Official minutes shall be filed as part of the public record in the office of the Planning Director.

4.

Applicant Not Present: If the applicant is not present at the public hearing, then the Board, Commission or Council may elect to take no action on the application. The applicant's absence shall be construed as authorization to defer action until the next meeting.

5.

Record of Proceedings: The proceedings of all public hearings shall be recorded.

6.

Continuance of Proceedings:

a.

Continuance by Applicant: Any applicant or authorized agent of an applicant shall have the right to receive one (1) continuance from the Planning Board, Historic Preservation Commission, Airport Commission, Board of Adjustment or City Council, provided a written request is filed stating the reason therefore and date on which the matter is to be heard. The body granting the continuance may require the applicant to advertise the continuance of the public hearing at the applicant's expense. In doing so, the applicant shall submit a Certificate of Publication to the Planning Director indicating such publication has occurred.

b.

Continuance by City: The Planning Board, Historic Preservation Commission, Board of Adjustment or City Council may grant a continuance at any time for good cause shown. All motions to grant a continuance shall state the date on which the matter is to be heard. A majority vote of those members in attendance shall be required to grant a continuance. The record shall indicate the reason such continuance was made and any stipulations or conditions placed upon the continuance. The body granting the continuance may instruct the Planning Director to advertise the continuance of the public hearing.

7.

Action on Applications Requiring Notice: The decision-maker, as identified in Table 2-1, may take any action on an application that is consistent with the notice given, including approval of the application, conditional approval of the application or denial of the application. The decision-maker may allow amendments to the application if the effect of the amendments is to reduce the density or intensity of the original application, reduce the impact of the development, reduce the amount of land involved from that indicated in the notices of the hearing, or to approve a lower intensity zoning classification. For purposes of this provision, zoning districts are listed in Section 3.04 from lowest intensity to highest intensity.

E.

Post-Decision Proceedings

1.

Amendments and Revisions: The Planning Director may approve minor amendments and revisions to the terms of approval of an application for development. Minor revisions must be authorized in writing by the Planning Director and are subject to appeal to the Board of Adjustment. Minor revisions include technical corrections or clarifications, which may include the shifting of landscaping on the site, provided that intended buffers retain their function in the opinion of the Planning Director. Minor revisions shall not result in higher densities, increased building height, additional units of floor area, abandonment of streets or variances from the minimum standards of this code, excepting Section 2.21. Major amendments and revisions of a development proposal shall be reviewed by the approving body after a public hearing, if applicable, in accordance with the provisions of this Section and other applicable sections of the Code.

2.

Stay of Action: Once filed, an appeal or protest stays all proceedings in furtherance of the action appealed, unless the Planning Director states in writing to the decision-maker, that by reason of the facts surrounding the matter a stay would cause imminent peril to life or property.

F.

Expiration of Development Approval

1.

Time of Expiration: Unless otherwise provided, development approvals shall automatically expire, and all activities pursuant to such approval thereafter shall be deemed in violation of this Code, when:

a.

the applicant fails to satisfy any condition that was imposed as part of the original or revised approval of the development application, or that was made pursuant to the terms of any development agreement; or

b.

the applicant fails to present a subsequent development application within two (2) years as required by this Code. If no time limit for satisfaction of conditions is specified in the original or revised approval of the development application, the time shall be presumed to be two (2) years from the date of approval.

2.

Extension Procedures: Unless otherwise prohibited, the Planning Director may approve a permit extension for a period not to exceed six (6) months from the original date of expiration.

G.

Revocation of Approvals

1.

Duties of the Planning Director: If the Planning Director determines that there are reasonable grounds for revocation of a development approval, the Planning Director shall set a hearing before the final decision-maker. If the original approval being revoked was made by the Planning Director, the hearing shall be conducted by the Board of Adjustment. All other revocations shall be reviewed by the City Council. If the City Council was the original decision-maker, the Council may, at its sole discretion, refer the proposed revocation to the Board of Adjustment for a recommendation prior to its action.

2.

Effect and Appeals:

a.

A decision to revoke a development permit shall become final fifteen (15) days after the date the decision is rendered, unless appealed. After the effective date of revocation, any activities continuing pursuant to the permit shall be deemed to be in violation of this Code.

b.

Written notice of appeal shall be filed with the Planning Director no later than thirty (30) days after the date of the action by the Staff or Technical Review Committee. A meeting date shall be set for the Board of Adjustment within thirty (30) days of the receipt of written notice of appeal, or as soon thereafter as is practicable.

3.

Additional Actions: The City's right to revoke a development permit, as provided in this Section, shall be cumulative to any other remedy allowed by law.

(Ord. No. 05-14, 5-5-14; Ord. No. 05-16, 3-21-2016; Ord. No. 31-21, 2-1-2021; Ord. No. 08-21, 3-1-2021; Ord. No. 30-21, 6-6-2021; Ord. No. 02-23, exh. A, 1-9-2023; Ord. No. 47-23, 11-6-2023)

A.

Purpose

Recognizing that small-scale subdivisions generally require less intense review, the City establishes this simplified procedure for minor subdivisions. This procedure is intended to provide one-time relief for applicants.

B.

Applicability, Exceptions

A minor subdivision shall be processed as a Final Plat. A subdivision is considered minor if it meets all of the following criteria:

1.

Streets: No new public streets are required for lot access to a public street;

2.

Easements: No new off-site easements or improvements are required;

3.

Design: The design and layout of the subdivision shall conform to all requirements of this Code;

4.

Lots: The subdivision results in ten (10) or fewer lots; and

5.

Utilities: No new utility improvements are required.

C.

Application and Procedure

The application shall be filed with the Planning Department who shall review the application and forward the plat for review by affected utilities and other applicable agencies. The Planning Director shall determine its completeness and compliance with this Code.

D.

Review Criteria

The minor subdivision shall comply with the criteria set forth for Final Plats.

E.

Decision Maker

Staff shall approve or disapprove the minor subdivision application within thirty (30) days of submittal of a complete application.

A.

Purpose

The purpose of this section is to ensure subdivisions comply with adopted standards for lot development and public improvements.

B.

Applicability

The process for major subdivisions shall be followed when an owner of any tract or parcel of land desires to subdivide a tract or parcel into two (2) or more lots that create the need for the dedication of public right-of-way for new streets, road improvements to existing streets or the construction of off-site utility improvements and the subdivision does not comply with the criteria for minor subdivisions.

C.

Sketch Plan

1.

Purpose: The purpose of a Sketch Plan is to ensure proposed land uses, intensities, and street layouts in multi-phase development are consistent with this Code the Comprehensive Plan and can demonstrate that the development has a plan to provide utility extensions at the applicant's expense.

2.

Applicability: A Sketch Plan is required for any major subdivision. A Sketch Plan shall show all contiguous land holdings of the applicant and establish a phasing plan.

3.

Application and Procedures: The applicant shall file an application with the Planning Department.

4.

Notification of Subdivision:

a.

School District: The Planning Director shall notify the superintendent of the school district that such plan has been submitted and is available for inspection. The notice shall give the date, time and place of the TRC meeting.

b.

Other Comments: The TRC may request comments from any person or agency directly affected by the proposed development.

5.

Review Criteria: A Sketch Plan shall be reviewed for:

a.

Consistency with the goals and objectives of the Comprehensive Plan;

b.

Consistency with applicable zoning of the property;

c.

Consistency of public improvements within the development and surrounding area;

d.

Availability and adequacy of required public utilities and services necessary to serve the project, including, but not limited to, sanitary and storm sewers, water, electrical, police, fire, roads and pedestrian accessibility;

e.

Capacity or safety of the street network influenced by the use;

f.

Adverse environmental impacts generated by the project; and

g.

Other applicable provisions of this Code.

6.

Decision Maker: The TRC shall determine whether the development meets the review criteria and shall recommend action on a Sketch Plan. Staff shall make a final determination on the compliance with the plan.

7.

Exceptions: Whenever the tract to be subdivided is of such unusual size or shape or is surrounded by such development or unusual conditions that the strict application of the requirements of this Code would result in real difficulties or substantial hardship or injustice, the Board of Adjustment may approve variances from the strict application of the lot standards for this code so the property may be developed in a reasonable manner, provided the public health, safety and welfare are protected and the general intent and spirit of this Code are preserved.

8.

Effect of Approval and Validity:

a.

Approval of a Sketch Plan constitutes acceptance of the type, arrangement, and intensity of land use; the classification and arrangement of streets indicated; the proposed phasing plan; and the nature of utility service proposed.

b.

Approved Sketch Plans shall not expire, provided development proceeds in accordance with the phasing plan. Once development lags one (1) year behind the phasing plan, or a period of two (2) years elapses prior to approval of a Preliminary Plat, the Sketch Plan shall automatically expire. The Planning Board may approve extensions, provided the Sketch Plan conforms to current requirements.

c.

Sketch Plan approval does not ensure approval of a Preliminary Plat involving a substantially different concept or failing to meet these regulations, and approval does not provide any vesting of development rights or any assurance that permits of any kind will be issued. If the Preliminary Plat deviates from the Sketch Plan, the applicant shall secure approval of a revised Sketch Plan in accordance with this section.

D.

Preliminary Plat:

1.

Purpose: Preliminary Plat approval allows the TRC to review all substantive aspects of a proposed subdivision and impose such conditions as will be necessary to ensure compliance with applicable regulations.

2.

Application and Procedures: The applicant shall file an application with the Planning Department. The application shall be reviewed in conjunction with construction plans.

a.

Pre-Application Conference: Applicants are encouraged to meet with Staff to discuss the procedures and requirements for Preliminary Plat approval pursuant to these regulations.

b.

Submittal: A Preliminary Plat application and applicable fee shall be submitted for review at least fifteen (15) days prior to the regular TRC meeting when the applicant desires to be heard.

c.

Subdivider Notice of Comments: The Planning Director shall notify the subdivider of the time and place at which the TRC will act upon the preliminary plat. The Planning Director shall also advise the subdivider of any unfavorable recommendation to be made to the TRC. The subdivider may withdraw the application in writing, and request a conference to discuss such recommendation. Application fees shall not be refunded for withdrawn applications; however, application fees for the resubmittal of the same application shall be waived if resubmitted within one (1) year of the initial submittal.

d.

Submit an electronic file of the subdivision to the Director of Electric Utilities.

3.

Review Criteria: Prior to recommending approval of a Preliminary Plat, the TRC shall find:

a.

The plat is consistent with the approved Sketch Plan, including any conditions established at the time of approval.

b.

The application conforms with environmental and health laws and regulations.

c.

The subdivision complies with all applicable provisions of this Code, including, but not limited to:

(1)

Each residential lot has adequate and safe access to a local street;

(2)

The parcel, lot and land layout is consistent with generally accepted land planning and engineering site design principles;

(3)

The relationship of street and lot layout to the topography and other physical features of the property; and

(4)

The applicant agrees to dedicate and improve land, rights-of-way, and easements, as may be necessary to conform to the purposes of adopted regulations, standards, and requirements; and

(5)

The subdivision is consistent with the need to minimize flood damage; and

(6)

The public utilities and facilities such as sewer, gas, electrical and water systems are located and constructed to minimize flood damage; and

(7)

Adequate drainage is provided to reduce exposure to flood hazards.

4.

Decision Maker: Staff shall approve, approve with conditions, or deny the Preliminary Plat. If denied, Staff shall advise the applicant of the reasons for denial. Approval of a Preliminary Plat shall constitute approval to proceed with the preparation of the Final Plat, but shall not to be deemed approval of the subdivision. Appeals to staff actions on the Preliminary Plat shall be heard by the City Council.

5.

Duration of Permit/Approval: An applicant shall have two (2) years from the date of preliminary plat approval to submit a Final Plat consistent with the terms and conditions of the Preliminary Plat, unless an extension is granted by the TRC.

E.

Construction Plans/Improvements

1.

Construction Plans Required:

a.

Prior to approval of the Preliminary Plat, applicant shall submit construction plans including plans and specifications for all improvements required by these regulations. The City Engineer shall review the plans and specifications and report the findings to the applicant. The City Engineer shall determine whether the plans and specifications comply with the adopted standards and procedures for subdivision improvements and shall determine the amount of any bonds required.

b.

For Commercial Development: Prior to approval of the Preliminary Plan, applicant shall submit complete electrical plans including, but not limited to, riser diagram and panel schedules. Site plan shall indicate service location and location for pad-mounted transformer. The Director of Electric Utilities will review the plans and load information and report the findings to the applicant.

c.

All improvements required pursuant to these regulations shall be designed and constructed in accordance with the appropriate utility, service provider, local or State design standards and requirements.

d.

Water and sewer pump stations and/or water tanks shall be constructed to the specifications of the City of Statesville unless waived by the City Engineer. Shop drawings shall be submitted and shall comply with City specifications. Approval of preliminary construction drawings shall not be construed as shop drawing approval.

2.

Construction Drawing Requirements: The applicant shall file the construction drawings in conformance with the requirements of this code in the Planning Department.

3.

Survey Monuments: All subdivision boundary corners shall be marked with survey monuments in conformance with State law. Survey monuments shall be installed prior to Final Plat approval and improvement acceptance by the City.

4.

Public Agency Reviews: Prior to approval of construction plans, the applicant or applicant's engineer shall submit the plans for review to any applicable local reviewing agencies and public utility companies. The applicant shall secure necessary approvals from applicable State agencies and pay any related costs.

5.

Approval: The City Engineer shall approve, approve with conditions, or deny the construction plans. Plans that are denied may be amended and immediately resubmitted.

6.

Timing of Improvements: The applicant is authorized to clear sight lines for surveys and provide access for boring equipment when necessary, provided any related disturbance of the site is the minimum needed to obtain required information for the final engineering plans. Unless approved in writing by the City Engineer, no grading, vegetation removal, land filling, improvement installation, or other material change shall occur on the property until the applicant has:

a.

Received approval of the construction plans and all necessary permits from the City, including a written notice to proceed with construction from the City Engineer;

b.

Entered into a Development Agreement with the City or otherwise arranged, subject to recording, to guarantee completion of all required improvements; and

c.

Obtained required approvals and permits from other affected municipal, county or State agencies.

7.

Modification of Construction Plans: Installation of improvements and construction shall conform to the approved Construction Plans. The applicant shall provide as-built plans for water, sewer, streets, and storm drainage prepared by a registered engineer certifying the installed improvements conform to the approved plans, with any exceptions noted. When as-built plans deviate from the approved plans, the City Engineer may take such action as necessary to ensure compliance with the approved plans, including, revocation of approved plans and permits by following the same development review and approval process required for the issuance of the approval, including any required notice or hearing; and withholding future approval and permits.

8.

Inspection and Acceptance of Improvements:

a.

Inspection Required: All improvements required by these regulations shall be inspected by the City, or other agency having jurisdiction over the improvements. Where inspections are made by other agencies, the applicant shall provide the City with written acceptance by such agency.

b.

Inspection Schedule: The applicant shall notify the City Engineer forty-eight (48) hours prior to commencing construction of improvements. Inspections shall be conducted at each of the following stages of construction or as otherwise required under a contract or Development Agreement.

(1)

Completion of site grading and installation of erosion control measures.

(2)

Start and completion of each phase of underground utility construction.

(3)

Preparation of subgrade prior to installation of aggregate base.

(4)

Installation of concrete curb and gutter.

(5)

Compaction of aggregate base.

(6)

Prior to installing pavement.

c.

Compliance with Standards: The applicant shall bear full and final responsibility for the installation and construction of all required improvements according to the provisions of these regulations and the standards and specifications of other public agencies.

d.

Construction Guarantee:

1.

In accordance with N.C.G.S. 160D-804.1, performance guarantees shall be required for the purpose of ensuring that subdividers professionally install all required subdivision improvements in a timely manner, in accordance with approved plats and construction plans.

2.

Type: The type of performance guarantee shall be at the election of the developer. The term shall mean any of the following:

a.

Surety bond issued by any company authorized to do business in this State.

b.

Letter of credit issued by any financial institution licensed to do business in this State.

c.

Other form of guarantee that provides equivalent security to a surety bond or letter of credit.

3.

Amount:

a.

The amount of the performance guarantee shall not exceed one hundred twenty-five percent (125%) of the reasonably estimated cost of completion at the time the performance guarantee is issued.

b.

The estimated cost of required improvements, which shall include project management costs, must be itemized by improvement type and certified by the subdivider's licensed professional engineer.

c.

Cost estimates shall be based on industry norms within the City of Statesville and shall include the costs for labor and materials necessary for completion of the required improvements.

4.

Timing: The City of Statesville shall require the performance guarantee to be posted prior to the recordation of the final plat.

5.

Duration: The duration of the performance guarantee shall initially be one (1) year, unless the developer determines that the scope of work for the required improvements necessitates a longer duration. In the case of a bonded obligation, the completion date shall be set one (1) year from the date the bond is issued, unless the developer determines that the scope of work for the required improvements necessitates a longer duration.

Under no circumstances may a performance guarantee exceed three (3) years.

6.

Extension:

a.

A developer shall demonstrate reasonable, good-faith progress toward completion of the required improvements that are secured by the performance guarantee or any extension. If the improvements are not completed to the specifications of the City of Statesville, and the current performance guarantee is likely to expire prior to completion of the required improvements, the performance guarantee shall be extended, or a new performance guarantee issued, for an additional period.

b.

An extension under this subdivision shall only be for a duration necessary to complete the required improvements.

c.

If a new performance guarantee is issued, the amount shall be determined by the procedure provided herein and shall include the total cost of all incomplete improvements.

d.

Only one (1) extension, not exceeding a two-year period, shall be issued per project/phase by the City.

e.

Approval of a performance guarantee shall be conditioned upon the performance of all work necessary to complete the required subdivision improvements within the time period specified at the time of preliminary plat or construction plan approval.

7.

Release:

a.

The performance guarantee shall be returned or released, as appropriate, in a timely manner upon the acknowledgement by Staff that the improvements for which the performance guarantee is being required are complete.

b.

Staff shall return letters of credit or escrowed funds upon completion of the required improvements to its specifications or upon acceptance of the required improvements, if the required improvements are subject to local government acceptance.

c.

All improvements shall be completed in accordance with the conditions associated with the approved plat(s) and the applicable standards contained in this Article. No financial guarantee may be released until all required certifications of completion have been provided.

d.

When required improvements that are secured by a bond are completed to the specifications of the City, or are accepted if subject to its acceptance upon request by the developer, Staff shall timely provide written acknowledgement that the required improvements have been completed.

8.

If a subdivider fails to properly install required improvements within the term of the guarantee, the guarantee will be deemed in default. In the case of default, the City is authorized to use the guarantee funds to complete the required subdivision improvements or to let a contract for installation of the required improvements.

9.

Coverage. Consistent with State law, the performance guarantee shall only be used for completion of the required improvements and not for repairs or maintenance after completion.

10.

Guarantees for erosion control and/or stormwater control measures (SCMs) shall not be subject to the provisions of this Section.

e.

Acceptance of Improvements: Upon acceptance of improvements, the developer shall submit final as-built drawings to the City for final review and certification.

f.

Maintenance Guarantees for Multi-Phase Development: For developments with multiple phases of construction, the City Engineer may require portions of a previously approved phase be placed under an extended performance guarantee consistent with the provisions of this Section.

g.

Site Clean-Up: The applicant shall be responsible for removal of all equipment, material, and general construction debris from the subdivision and from any lot, street, public way or property therein or adjacent thereto. Dumping of such debris into sewers, onto adjacent property or onto other land in the City, other than an approved landfill, is prohibited.

h.

Failure to Complete Improvements: If a final plat has been executed and recorded and a security has been posted, but required public improvements are not installed pursuant to the approved plans, the City may:

(1)

Declare the development in default and require all public improvements be installed regardless of the extent of completion of the development;

(2)

Collect funds pursuant to the guaranty and complete the public improvements;

(3)

Assign its rights in the guarantee in whole or in part to any third party, including a subsequent owner of the subdivision, in exchange for that party's agreement to complete the improvements; and/or

(4)

Exercise any other rights available under State law.

9.

Filing of Construction Plans: Approved construction plans shall be retained in the office of the City Engineer until "as built" are received.

F.

Final Plat

1.

Purpose: Final Plat approval is required at the completion of the major subdivision process so the subdivision plat and dedications can be recorded and lots transferred.

2.

Application: The applicant shall submit an application with the Planning Department.

3.

Review Criteria: When the Final Plat conforms to the approved Preliminary Plat, such fact shall be indicated on the face of the plat. Prior to approval of a final plat, the TRC shall make the following findings:

a.

Substantial Conformance to Preliminary Plat: The Final Plat shall substantially conform to the approved Preliminary Plat. Substantial deviations include, but are not limited to, the following:

(1)

changes in the location or design of a public street;

(2)

changes in the number or layout of lots or blocks;

(3)

changes in access to lots;

(4)

changes in areas, streets or rights-of-way to be reserved or dedicated;

(5)

changes in the drainage plan that increase runoff;

(6)

changes in the public utilities and facilities to be provided; and

(7)

changes in the buffering between the subdivision and adjacent property.

b.

Conformance to Regulations: The Final Plat shall conform to all applicable requirements and regulations; and

c.

Submission Requirements: All submission requirements have been satisfied.

4.

Staff Action: The Planning Director shall review the Final Plat to ensure all the requirements have been fulfilled. The Planning Director may forward copies of the Final Plat to appropriate departments and agencies for their review and shall forward all staff and agency comments to the applicant and TRC.

5.

Decision Maker: Within thirty (30) days of submittal of a complete application, the TRC shall review the application and approve, approve with conditions, or deny the Final Plat. Upon denial, the City shall advise the applicant of the reason for denial in writing. Decisions may be appealed to the City Council.

6.

Filing and Recordation: After the approval of the Final Plat and the acceptance of improvements or approval of a development agreement, the Planning Director shall sign the Final Plat, which shall then be filed with the Register of Deeds along with other certification and instruments required for recordation, recording fees to be paid by applicant. Plats not recorded within one hundred eighty (180) days of approval shall be void shall not be recorded without re-approval by the TRC, which may grant one (1) one hundred twenty (120) day extension for recordation.

(Ord. No. 31-21, 2-1-2021; Ord. No. 30-21, 6-6-2021; Ord. No. 02-23, exh. A, 1-9-2023)

A.

Purpose

A Development Agreement is intended to provide guarantees to the City and developer addressing the provision of public improvements, the phasing of development and other conditions of development when an applicant chooses to record a plat prior to completing improvements or plat contiguous land holdings in multiple phases.

B.

Applicability

Where the minimum required public improvements for a plat are not complete prior to recording the plat, a development agreement shall be entered into by the developer and City to guarantee the completion of such improvements within the time specified therein. A development agreement shall be required for Planned Unit Developments or other multi-phase projects that require the coordination between the timing of development and the provision of public improvements. Such agreement shall be required prior to recordation of the first plat for the affected property.

C.

Guarantee of Completion of Public Improvements

The City Council may defer the completion of required improvements provided the applicant guarantees completion of all required public improvements no later than two (2) years following the date the Final Plat is approved. The Council may grant one (1) extension for up to two (2) years. Developers of multi-phase developments may be required to complete and dedicate those improvements necessary for initial development to occur in accordance with the terms of the development agreement.

D.

Covenants to Run with the Land

Development Agreements shall bind all successors, heirs and assignees of the applicant, and be recorded with the County Clerk.

E.

Performance Guarantee

Any required performance guarantees shall comply with the provisions of Section 2.03(E)(8)(d) of the Code.

F.

Escrow Accounts

Applicants using cash escrow accounts shall deposit with the City Clerk a cash amount or certified check endorsed to the escrow agent, in an amount determined by the Planning Director.

1.

Accrual: Interest from cash escrow accounts shall accrue to the City, to be used for administering the construction and maintenance of improvements.

2.

Reimbursement: Reimbursements for required oversized facilities shall be specified in the Development Agreement.

G.

Other Contents of the Development Agreement

In addition to addressing required public improvements the City Council may include any of the following within a Development Agreement: phasing plans, project specific development standards or review procedures, or other matters that the City Council finds are appropriate to ensure that the development proceeds in accordance with approved plans.

H.

Temporary Improvements

The applicant shall construct, pay for, and maintain any temporary improvements required by the City, such as, but not limited to, cul-de-sac streets and turn-outs.

I.

Governmental Units

Governmental units to which these improvement and security provisions apply may file, in lieu of a Development Agreement and security, an ordinance or similar document, agreeing to be bound by the provisions of these regulations.

J.

Decision Maker

Consistent with NCGS 160D-1005 after conducted a legislative hearing, duly noticed and advertised as detailed in Table 2-1 of the Code, the City Council shall approve, approve with conditions, or deny the Development Agreement.

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

A.

Purpose

The Comprehensive Plan text and maps must be reasonably maintained so they best reflect existing conditions and projected needs of the City.

B.

Application and Procedures

The applicant shall file a completed application with the Planning Department.

1.

Applicant: Amendments to the Comprehensive Plan text or Future Land Use Map may be initiated by the Planning Board, the City Council, City Staff or by petition of an owner of property located in the City.

2.

Pre-Application Conference: Prior to an application, the applicant is encouraged to meet with the Planning Director to discuss the procedures and requirements for approval of a Comprehensive Plan amendment.

3.

Application: Comprehensive Plan amendment requests shall be initiated by filing an application with the Planning Director and paying the application filing fee, see Article 10, Appendices for fee schedule.

C.

Review Criteria

The following criteria shall be considered when reviewing a Comprehensive Plan amendment application:

1.

Original Errors: Whether there was error in the adoption of the Comprehensive Plan, or in the supporting premises and findings.

2.

Subsequent Events: Whether events subsequent to the Comprehensive Plan adoption have invalidated portions of the Plan, changed the character of the City, or demonstrated new information, such that an amendment is acceptable.

D.

Decision Makers

1.

Planning Board:

a.

Public Meeting: The Planning Board shall hold a public meeting within forty-five (45) days of receipt of a complete application and make its recommendation to the City Council.

b.

Additional Property: The Planning Board may modify an application for a text amendment or a map amendment, provided the amendments are included in the hearing notices, and map changes are to an equal or less intense future land use category.

c.

If no written report/recommendation is made by the planning board within 30 days of referral of the amendment request by staff, the governing board may act without the planning board recommendation.

2.

City Council:

a.

Available Action: After holding the required legislative hearing, duly advertised in accordance with the provisions of the Code, the Council shall approve, conditionally approve or deny the proposed amendment.

b.

Review Criteria: The Council shall consider the review criteria established in this section and the record provided by the Planning Board.

c.

Time Limit: The City Council shall act on the Plan amendment in conformance with timelines created in State law.

d.

The City Council is not bound by the recommendations, if any, of the planning board.

E.

Filing of Plan

The official Comprehensive Plan and Future Land Use Map, along with the adoption ordinances shall be certified by the City Council and placed on file with the City Clerk.

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

A.

Purpose

This Code and the Zoning Map may be amended from time to time so they best reflect existing conditions and projected needs of the City, and conform to the Comprehensive Plan, as amended.

B.

Application and Procedures

The applicant shall file a completed application with the Planning Department.

1.

Applicant: Amendments to this Code or the zoning map may be initiated by the Planning Board, the City Council, City Staff or by petition of an owner of property located in the City or ETJ.

2.

Pre-Application Conference: Prior to an application, the applicant is encouraged to meet with the Planning Director to discuss the procedures and requirements for a text or map amendment request pursuant to this Code.

3.

In accordance with NCGS 160D-601(d) no amendment to zoning regulations or a zoning map that down-zones property shall be initiated nor is it enforceable without the written consent of all property owners whose property is the subject of the down-zoning amendment unless the down-zoning amendment is initiated by the City of Statesville.

For purposes of this section, "down-zoning" means a zoning ordinance that affects an area of land in one (1) of the following ways:

a.

By decreasing the development density of the land to be less dense than was allowed under its previous usage.

b.

By reducing the permitted uses of the land that are specified in a zoning ordinance or land development regulation to fewer uses than were allowed under its previous usage.

C.

Review Criteria

Changes to the Code text or Zoning Map shall not become effective until after recommendation by the Planning Board and approval by the City Council which shall consider the following review criteria:

1.

The existing zoning was approved in error.

2.

The proposed change is consistent with the goals and objectives of the Comprehensive Plan, other adopted plans and policies, or other City regulations and guidelines.

3.

The proposed change will provide a benefit to the City.

4.

The proposed change is consistent with the character of the surrounding area.

5.

The proposed zoning is compatible with nearby uses.

6.

The proposed change is a logical extension of an existing urban area or growth center.

7.

Public and community facilities are available or will be available and adequate to serve uses authorized under the proposed zoning.

8.

Proposed uses will not adversely affect the capacity or safety of the surrounding street network.

9.

The potential negative environmental impacts of proposed uses may be mitigated.

D.

Decision Makers

1.

Planning Board:

a.

Public Meeting: The Planning Board shall hold a public meeting on each proposed zoning amendment according to the schedule adopted by the City Council.

b.

Amendments: The Planning Board may recommend amendments to the application which would reduce the land area for which the application is made, change the district requested to an equal or less intense district, or recommend conditions applicable to the rezoning.

c.

Recommendations to City Council: Within thirty (30) days of making a recommendation, the Planning Board shall forward to the City Council a summary of all information taken at the meeting, together with its recommendations and reasons therefore for any change to zoning district boundaries and/or regulations and plan consistency statement. The Planning Board shall recommend approval, denial, or conditional approval. A copy of the recommendations shall be provided to the applicant.

d.

Consistent with NCGS 160D-604(d), when conducting a review of proposed zoning text or map amendments, the Board shall advise and comment on whether the proposed action is consistent with the adopted City of Statesville Comprehensive Plan and shall provide a written recommendation to the City Council that addresses plan consistency and other matters as deemed appropriate.

i.

A recommendation by the Planning Board that a proposed amendment is inconsistent with the adopted Comprehensive Plan shall not preclude consideration or approval of the proposed amendment by the City Council.

ii.

If a zoning map amendment qualifies as a "large-scale rezoning" under NCGS 160D-602(b), the statement describing plan consistency may address the overall rezoning and describe how the analysis and policies in the relevant adopted plans were considered in the recommendation made.

2.

City Council:

a.

Consideration: Upon the receipt of a recommendation by the Planning Board, the City Council shall hold a legislative hearing on the proposed zoning amendment. The Council shall consider the findings and recommendation of the Planning Board and the record of public input. The Council shall, by simple majority vote, approve, deny, or conditionally approve the application. If the application is approved, or conditionally approved, the Council shall also adopt by Motion a statement as to the plan consistency and reasonableness of the application.

b.

Adoption of Statement. When adopting or rejecting any zoning text or map amendment, the City Council shall approve a statement describing whether its action is consistent or inconsistent with the adopted Comprehensive Plan.

1.

If a zoning map amendment is adopted and the action was deemed inconsistent with the adopted Comprehensive Plan, the zoning amendment has the effect of also amending the Plan and Future Land Use Map.

Additional Reasonableness Statement for Rezonings. When adopting or rejecting any petition for a zoning map amendment, a statement analyzing the reasonableness of the proposed rezoning shall be approved by the City Council. This statement of reasonableness may consider, among other factors

(i)

The size, physical conditions, and other attributes of the area proposed to be rezoned,

(ii)

The benefits and detriments to the landowners, the neighbors, and the surrounding community,

(iii)

The relationship between the current actual and permissible development on the tract and adjoining areas and the development that would be permissible under the proposed amendment;

(iv)

Why the action taken is in the public interest; and

(v)

Any changed conditions warranting the amendment.

c.

Approval: Council shall approve applications by ordinance defining the change or boundary as amended, including the proposed site plan, and instructing the Planning Director to amend the Zoning Map to reflect any map amendment. The ordinance shall be filed with the City Clerk and Register of Deeds.

d.

Denial: When a petition has been denied by the City Council, no new petition for a substantially similar change of the same property or any part thereof shall be filed within a period of twenty-four (24) months from the date of denial. In addition, no new petition for any other change in the zoning classification of the same property or any part thereof shall be filed within a period of twelve (12) months from the date of denial. If the application is withdrawn after the Planning Board hearing, then no substantially similar application shall be filed within six (6) months of the withdrawal date. Nothing herein shall be construed to limit the right of the City Council to approve zoning changes pursuant to this section.

e.

In any case where a petition for a change in zoning classification received an unfavorable recommendation from the Statesville Planning Board after a public hearing and the petitioner either withdraws his application or fails to prosecute it before the City Council within a period of sixty (60) days thereafter, no new petition for any change in zoning classification of the same property or any part thereof shall be filed within a period of one hundred eighty (180) days immediately following the withdrawal of the petition or the expiration of the time limit for prosecuting such petition before the City Council. Nothing herein shall be construed to limit the right of the Planning Board from time to time initiating proposals for amendments to the this code and the zoning map.

E.

Lapse of Rezoning

Failure to establish the proposed use or initiate development within one (1) year of rezoning approval, or other time period established at the time of rezoning approval, shall constitute consent by the property owner for the City to initiate the process to revert the zoning to its previous designation. The City Council, at its sole discretion, may choose to revert the zoning, retain the existing zoning or grant a limited extension of the zoning for lapsed uses.

F.

Extension of Extraterritorial Jurisdiction

If, at any time, the extraterritorial jurisdiction (ETJ) is proposed to be expanded, the owners of all parcels of land proposed for addition to the area of extraterritorial jurisdiction, as shown on the county tax records, shall be notified. The notice shall be sent by first-class mail to the last addresses listed for affected property owners in the county tax records. This notice shall inform the landowner of the effect of the extension of extraterritorial jurisdiction, of the landowner's right to participate in a legislative hearing prior to adoption of any ordinance extending the area of extraterritorial jurisdiction as provided in G.S. § 160D-601, and the right of all residents of the area to apply to the board of county commissioners to serve as a representative of the planning board and board of adjustment, as provided in G.S. § 160D-307. The notice shall be mailed at least 30 days prior to the date of the hearing. The person or persons mailing the notices shall certify to the City Council that the notices were sent by first-class mail, and the certificate shall be deemed conclusive in the absence of fraud.

(Ord. No. 08-21, 3-1-2021; Ord. No. 09-21, 3-1-2021; Ord. No. 30-21, 6-6-2021; Ord. No. 02-23, exh. A, 1-9-2023)

A.

Purpose

Conditional Zoning (CZ) Districts included herein allow for the consideration of certain land uses that, because of their nature or scale, have particular impacts on both the immediate area and the community as a whole and are created or established for selected criteria as indicated in the applicability section below. The development of these uses cannot be predetermined and controlled by general district regulations. In addition, circumstances arise when a general zoning district designation would not be appropriate for a certain property, but specific uses permitted under the district would be consistent with the objectives of this section. To accommodate those situations, this section establishes the conditional zoning process. A conditional zoning district is not intended for securing speculative zoning for a proposal but rather is based on a firm development proposal.

B.

Authorized Uses

Within a Conditional Zoning District only those uses shown in Table 3-1 shall be permitted, and all requirements of the underlying zoning district shall be met. In addition, no use shall be permitted unless authorized by the City Council. A conditional zoning district shall specify the use authorized, location on the property of the use, number of dwelling units, location and extent of supporting facilities such as parking lots, driveways and access streets, location and extent of buffer and other special purpose areas, timing of development, location and extent of rights-of-way and areas to be dedicated for public use, and such matters as the applicant may propose as conditions.

Within a CZ District, petitioners may propose modifications to the specific standards of the underlying base district that are more restrictive than the base district or other permitted development standards of the UDC, but not less so. Modifications to the environmental protection requirements in Article 8 shall not be permitted. The City Council may also impose additional reasonable safeguards to serve the purpose and intent of this Code.

The approved Concept Plan is a condition of the rezoning. It shall be the City Council's final decision to grant approval or denial of the CZ District considering the revised development standards presented in accordance with the procedures of Article 2. If no specific request is made by the petitioner to a change in the development standards or if the petition is silent on the point, it shall be understood that the underlying zoning district and standards in place at the time that the rezoning is granted shall apply.

C.

Applicability

Except as herein provided, petitions to establish a Conditional Zoning District must be submitted and will be processed in accordance with the provisions in this Section.

Per Section 2.9(b) of North Carolina S.L. 2019-111, all Conditional Use Zoning Overlay Districts in effect on January 1, 2021, become Conditional Zoning districts; and all Conditional Use Zoning Permits issued as an element of said approvals remain valid and are deemed applicable as part of the Conditional Zoning approval.

D.

Application Requirements

All applications shall include a conceptual site plan (known as a "concept plan"), drawn to scale, and supporting text that, if approved, will become part of the amendment. The concept plan shall include any supporting information and text that specifies the actual use or uses intended for the property and any rules, regulations and conditions that in addition to all predetermined ordinance requirements, will govern the development and use of the property. The applicant shall, at a minimum, include each of the items listed below. The concept plan, including the information detailed below, shall constitute part of the petition for rezoning to a Conditional Zoning District:

1.

A vicinity map showing the property's general location in relation to major streets, railroads and waterways.

2.

A drawing of the parcel, including the parcel identification number. If only rezoning a portion of a parcel, a plat must be provided, drawn to scale, showing the bearings and distances of the portion requested. A valid metes and bounds legal description for the subject property to be considered for rezoning is required.

3.

All existing and proposed easements, reservations and rights-of-way on the property(ies) in question.

4.

Delineation of areas within the regulatory floodplain as shown on the official Flood Hazard Boundary Maps for the City of Statesville and delineation of watershed boundaries labeled with their respective classifications and impervious calculations.

5.

For residential uses, the number of units and lot layout where the structures will be located. For nonresidential uses, the approximate square footage of all structures and an outline of the area where the structure will be located.

6.

Traffic, parking and circulation plans showing the proposed locations and arrangement of parking spaces and access points to adjacent streets including typical parking space dimensions and locations along with typical street cross sections. This shall include all existing and proposed points of access to public streets.

7.

All proposed setbacks, buffers, screening, landscaping, and list of architectural materials proposed by the applicant and required by the UDC.

8.

Generalized information on the number, height, size and location of structures.

9.

The proposed phasing of the project.

10.

The location and description of any outdoor lighting.

E.

Additional Information

When dealing with the Conditional Zoning District process, additional information may be requested in order to evaluate a proposed use and its relationship to the surrounding area. Therefore, staff, the Planning Board and/or City Council may request additional information in addition to that required above, as they deem necessary.

F.

Public Input Meeting

Before a public meeting may be held on a petition for a Conditional Zoning District, the applicant shall file a written report detailing at least one (1) community meeting held by the applicant. The community meeting shall be held prior to any recommendation by staff and prior to the Planning Board's consideration of the request. The following procedures shall be met:

1.

Based on the perceived impact of the proposal, the affected property owners shall be notified by the applicant. Such notice shall be mailed to said property owners not less than ten (10) days prior to the date of the public input meeting and a certification of this mailing shall be submitted as part of the required report. The notice shall contain information regarding the time and location of the public input meeting as well as a description of the proposal.

2.

The report shall include, among other items, a listing of the following:

a.

Those persons and organizations contacted about the meeting;

b.

The manner, date, time and location of the meeting;

c.

A roster of persons in attendance at the meeting;

d.

A summary of issues discussed at the meeting; and

e.

A description of any changes to the rezoning petition as a result of the meeting.

G.

Review

Conditional zoning petitions are legislative, site-specific zoning approval with conditions. In evaluating an application for the establishment of a Conditional Zoning District, it is appropriate for the Planning Board and City Council to consider the following:

1.

Adherence to the general policies and objectives of the adopted Comprehensive Plan, particularly in relation to the proposed site and surrounding area.

2.

The potential impacts on the surrounding area, including, but not limited to, the absolute certainty the specific use(s), traffic, erosion, land values and the compatibility of land use activities.

3.

The City Council shall adopt a Statement of Consistency and Reasonableness in accordance with the provision of Section 2.06 (D) (2) (b) of the Code.

H.

Conditions for Approval

In approving a petition for the reclassification of a piece of property to a Conditional Zoning District, the Planning Board may recommend, and the City Council may of its own accord require, that reasonable and appropriate conditions be attached to approval of the petition. Consistent with NCGS 160D-703(b) specific conditions may be proposed by the petitioner or the local government or its agencies, but only those conditions approved by the local government and consented to by the petitioner in writing may be incorporated into the zoning regulations.

I.

Effect of Approval

If a petition for a Conditional Zoning District is approved, the development and use of the property shall be governed by:

1.

The standards and regulations applicable to the district's zoning classification;

2.

The approved concept plan for the district;

3.

Any additional approved rules, regulations and conditions, all of which shall constitute the zoning regulations for the approved district; and

4.

All general and additional rules, regulations and conditions adopted as part of the Conditional Zoning District shall be an amendment to the UDC and the Zoning Map.

J.

Zoning Map Designation

Following approval of the petition for a Conditional Zoning District, the subject property shall be identified on the Zoning Map by the appropriate district designation followed by the letters "CZ and the case number."

K.

Site Plan Consistency with Concept Plan

Detailed site plans shall be reviewed by staff if said plans are consistent with the rezoning concept plan or are prepared in coordination with minor changes or modifications; major changes shall be reviewed by the Planning Board and City Council.

L.

Determination, Major Changes Requiring an Amendment

Before making a determination as to whether a proposed action is an amendment based upon a major change, the Planning Director (per Section 2.01.A.5.) shall review the record of the proceedings on the original application for the approval of the Conditional Zoning District.

1.

A change in a specific or general use category shall constitute a new application.

2.

The Planning Director shall use the following criteria in determining whether a proposed change is an amendment constituting a major change to the approved Conditional Zoning District:

a.

Any increase in intensity of use;

b.

Any change in permitted uses;

c.

Substantial changes in pedestrian or vehicular access or circulation.

3.

If the Planning Director determines that the proposed action requires an amendment, he/she shall require the applicant to file a request for approval of the amendment. Such request shall be submitted to the Planning Board and City Council under the process described in this Article.

M.

Minor Changes and Modifications

The Planning Director (per Section 2.01.A.5.) shall have the delegated authority to approve minor changes in the Conditional Zoning District provided they are in harmony with the action of the City Council. A minor change shall mean:

1.

Reserved.

2.

Reserved.

3.

Decreases in the intensity of development; meaning a decrease in useable floor area by less than ten percent (10%), a decrease in the number of dwelling or lodging units by less than ten percent (10%), or a decrease in outside land area devoted to sales, displays or demonstrations;

4.

Any change in parking areas resulting in a decrease or increase of up to ten percent (10%) in the number of spaces approved by the City Council;

5.

Structural alterations not significantly affecting the basic size, as shown on the approved plan;

6.

A decrease or an increase less than ten percent (10%), in the amount of open space, recreation facilities or landscape screening;

7.

Any time an applicant agrees to impose standards that are more stringent than those previously approved by the City Council; or

8.

All other changes or modifications to the Conditional Zoning District shall be treated the same as amendments to the UDC or the Zoning Map.

N.

Review of Approval of a Conditional Zoning District

It is intended that property shall be reclassified to a Conditional Zoning District only in the event a property is intended to be developed. Therefore, no sooner than two (2) years after the date of approval of the petition, the Planning Director shall examine the progress made toward developing the property in accordance with the approved petition and any conditions attached. If the Planning Director determines that progress has not been made in accordance with the approved petition and conditions, the Planning Director shall forward to the City Council a report which may recommend that the property revert back to the previous zoning classification.

O.

Transfer of Ownership

The requirements of the approved conditional zoning district shall be binding upon the owners, their heirs and assigns and future owners until such time as the City may release such limitation on the use of the subject property under the procedures provided herein.

(Ord. No. 31-21, 2-1-2021; Ord. No. 08-21, 3-2-2021; Ord. No. 02-23, exh A. 1-9-2023)

Editor's note— Ord. No. 31-21, adopted Feb. 1, 2021, amended § 2.07 and in doing so changed the title of said section from "Conditional Use Overlay Districts" to "Conditional Zoning Districts," as set out herein.

A.

Purpose

The purpose of this section is to implement the provisions of NCGS 160D-108 pursuant to which a statutory zoning vested right is established upon the approval of a site-specific vesting plan.

B.

Definitions

1.

Landowner - Any owner of a legal or equitable interest in real property, including the heirs, devisees, successors, assigns, and personal representative of such owner. The landowner may allow a person holding a valid option to purchase to act as his agent or representative for purposes of submitting a proposed site specific vesting plan in the manner allowed by this code.

2.

Property - All real property subject to zoning regulations and restrictions of the City of Statesville.

3.

Site Specific Vesting Plan - In general, a plan which has been submitted to the City by a landowner describing with reasonable certainty the type and intensity of use for a specific parcel(s) of property. More specifically, a site specific development plan must contain, as a minimum, the information called for in Section 2.08 C.

4.

Zoning Vested Right - The right, pursuant to G.S. §§ 160D-102(33) and 160D-108, to undertake and complete the development and use of the property under the terms and conditions of an approved site-specific development plan.

C.

Submission of a Site Specific Vesting Plan

To apply for a zoning vested right, a landowner shall first submit to the Planning Department a site specific vesting plan. Unless otherwise expressly provided by the City, such a plan shall include:

1.

Name, address, and phone number of the property owner (or his agent) and the tax parcel number(s) of the property.

2.

A boundary survey and vicinity map, showing the property's total acreage, zoning classification, general location in relation to adjoining streets, railroads and/or waterways; date and north arrow; scale one inch equals fifty feet (1" = 50') maximum.

3.

Existing land uses of all adjoining properties.

4.

Proposed use of all land and structures, their approximate completion time for the project or phase.

5.

Proposed location and number of all structures, their approximate exterior dimensions.

6.

A description of all screening and buffering as required by this code or proposed by the applicant.

7.

All existing and proposed easements, reservations and rights-of-way.

8.

Proposed phasing, if any, and approximate completion time for the project or phase.

9.

Delineation of areas within the regulatory floodplain as shown on official Federal Emergency Management Agency (FEMA) Flood Hazard Boundary Maps for the City and extraterritorial areas within the City's zoning jurisdiction.

10.

Traffic, parking and circulation plans, showing the proposed location and arrangement and size of parking spaces and ingress and egress to adjacent streets. The driveway/street cuts must be approved by the local District Highway Engineer's Office of the North Carolina Department of Transportation or the City Public Works Director for all street connections made.

D.

Processing Application for a Zoning Vested Right

An application for a zoning vested right shall be processed in a like manner for a zoning amendment. After having obtained a recommendation from the Planning Board and having conducted a public hearing on subject application in which proper notice therefore was given, the City Council shall determine whether or not to approve the site specific vesting plan and to accord the vested right. The City Council may approve the site specific vesting plan if it has evaluated the application and has determined that:

1.

The use meets all required specifications of this code.

2.

The use will not materially endanger the public health or safety and will not substantially injure the value of adjoining property if located where proposed. City Council may stipulate certain terms and conditions as a prerequisite to approval of the site specific development plan for assurance in this regard.

3.

The effect of the City Council's approval of a site specific vesting plan shall be to vest such site plan for a period of two (2) years from the date of approval. If the landowner requests, however, the City Council may approve a vesting period not to exceed five (5) years from the date of approval. The vesting of any site plan beyond a two-year period may only be authorized by the City Council where it has found that due to (1) the sizing and phasing of the development; or (2) the level of investment; or (3) the need for the development; or (4) economic cycles; or (5) market conditions, building permits for all phases of the development cannot be secured within two (2) years. A multi-phase development shall be vested for the entire development with the zoning regulations, subdivision regulations and unified development ordinances in place at the time a site plan approval is granted for the initial phase of the multi-phased development. This right shall remain vested for a period of seven (7) years from the time a site plan approval is granted for the initial phase of the multi-phased development. "Multi-phased development" means a development containing twenty-five (25) acres or more that (i) is submitted for site plan approval for construction to occur in more than one (1) phase and (ii) is subject to a master development plan with committed elements, including a requirement to offer land for public use as a condition of its master plan approval.

E.

Establishment and Termination of a Zoning Vested Right

A zoning vested right shall be deemed established upon City Council approval of a site specific vesting plan. A vested right shall confer upon the landowner the right to undertake and complete the development and use of said property under the terms and conditions of the site specific vesting plans as provided for in this section.

Approval of a site specific vesting plan with the condition that a variance be obtained shall not confer a zoning vested right until the necessary variance is obtained.

A zoning vested right is not a personal right, but shall attach to and run with the applicable property. After approval of a site specific vesting plan, all successors to the original landowner shall be entitled to exercise such right while applicable.

A vested right once established as herein provided, shall preclude any zoning action by the City which would change, alter, impair, prevent, diminish or otherwise delay the development or use of the property as set forth in the approved site specific vesting plan except under the following conditions:

1.

The affected landowner provides written consent to the City of his desire to terminate the vested right; or

2.

The City determines, after having advertised and held a public hearing, that material or man-made hazards exist on or in the immediate vicinity of the property which poses a serious threat to the public health, safety and welfare if the project were to proceed as indicated in the site specific development plan; or

3.

The City determines, after having advertised and held a public hearing, that the landowner or his representative intentionally supplied inaccurate information or made material misrepresentations which made a difference in the approval by the City of the site specific development plan; or

4.

Upon the enactment or promulgation of a State of Federal law or regulation which precludes development as contemplated in the site specific development plan. In such case the City may, after having advertised and conducted a public hearing, modify the affected provisions upon a finding that the change in State or Federal law has a fundamental effect on the plan.

F.

Review of Conferred Vested Rights

Once a vested right is granted to a particular site specific vesting plan, nothing in this section shall preclude the City from conducting subsequent reviews and approvals to ensure compliance with the terms and conditions of the original approval, provided such reviews and approvals are not inconsistent with the original approval.

The vested right resulting from the approval of a site specific vesting plan may be revoked as provided for in this section. In addition a revocation may occur if the City Council determines that the landowner has failed to comply with the terms and conditions of the approval or with any other applicable portion of the this code. The vested right shall otherwise expire at the end of the approval period established by the City Council.

G.

Voluntary Annexation

A petition for annexation filed with the City under G.S. § 160D-1012 or shall contain a signed statement declaring whether or not any zoning vested right with respect to the properties subject to the petition has been established under G.S. §§ 160D-102(33) and 160D-108. A statement that declares that no zoning vested right has been established under G.S. §§ 160D-102(33) and 160D-108 or the failure to sign a statement declaring whether or not a zoning vested right has been established, shall be binding on the landowner and any such zoning vested right shall be terminated.

H.

Limitations

The establishment of a zoning vested right shall not preclude the City from establishing and putting into place overlay zoning that imposes additional requirements but does not affect the allowable type or intensity of use, or ordinances or regulations that are general in nature and are applicable to all property subject to land use regulations by the City including, but not limited to, building, fire, plumbing, electrical, and mechanical codes. Upon the expiration, termination, or revocation of a vested right, all applicable new or amended regulations shall become pertinent to that property subject to a site specific development plan.

I.

Statement of Inclusion

Noting in this section is intended or shall be deemed to create any vested right other than those established pursuant to G.S. 160D-108.

(Ord. No. 08-21, 3-1-2021; Ord. No. 30-21, 6-6-2021; Ord. No. 02-23, exh. A, 1-9-2023)

A.

Purpose

The purpose of the Planned Unit Development process is to provide flexibility from the strict application of this Code to coordinated developments when the applicant demonstrates conformance with the Comprehensive Plan, compatibility of land uses and coordination of improvements within and among individually platted parcels, sections or phases of development. Design flexibility is provided to enhance long-term community benefits that may be achieved through high quality development that provides:

1.

Greater infrastructure efficiency;

2.

Reduced traffic demands;

3.

Additional usable public or private open space;

4.

Additional recreation amenities; and

5.

Diverse housing choices.

B.

Applicability

The Planned Unit Development process may be applied to large-scale, mixed use developments meeting the PUD standards established in Article 3. A Planned Unit Development shall require a rezoning of the affected property in conformance with this section.

C.

Concept Plan

1.

Purpose: A Concept Plan shall provide general information about the proposed land use patterns, development intensities, and street patterns.

2.

Applicability: A Concept Plan is mandatory for all planned development applications.

3.

Application and Procedure: The applicant shall file an application with the Planning Department. The Concept Plan shall be reviewed by Staff and TRC before submitting the Plan and recommendations to the Planning Board.

4.

Conversion Schedule. The PUD zoning application shall include a conversion schedule that identifies the range of conversion that may occur between different types of uses within the PUD Land Use Plan. These conversions may occur within the development areas, as long as they are consistent with established ranges of conversion set forth in the conversion schedule and are consistent with the Land Use Plan. The conversion schedule, if one is created, shall be included in the conditions of approval.

5.

Review Criteria: The Concept Plan application shall be evaluated using the review criteria established herein for zoning map amendments and major subdivisions and the following criteria:

a.

Consistency: Development shall be consistent with the purposes of a Planned Development or Planned Unit Development and Comprehensive Plan goals and policies.

b.

Benefits: Development shall provide long-term benefits to the neighborhood in which it is located and the community as a whole.

c.

Standards: Development shall comply with the zoning district standards unless specifically approved by the City Council.

6.

Decision Makers:

a.

Planning Board: The Planning Board shall review the Concept Plan and make a recommendation of approval, denial, or conditional approval to the City Council.

b.

City Council: The City Council shall review the Concept Plan, and Planning Board's recommendation at a legislative hearing, and approve, approve with conditions, or deny the plan. The City Council may require the dedication of perimeter rights-of-way as a condition of approval.

D.

Final Site Plan

1.

Purpose: The Final Site Plan provides greater detail about a development, and together with the development schedule and Final Plat, shall act as the blueprint for a Planned Development.

2.

Application and Procedure: The applicant shall file an application with the Planning Department, which shall be reviewed by the staff prior to forwarding the application to the Technical Review Committee (TRC) for action. An electronic file shall be submitted to the Director of Electric Utilities.

3.

Review Criteria: The Final Site Plan shall be reviewed for substantial conformance with the Concept Plan, and the review criteria for rezonings and major subdivisions. Substantial conformance means the application:

a.

Does not increase the number of dwelling units or non-residential square footage;

b.

Maintains the mix of residential and non-residential development;

c.

Neither reduces nor relocates the area set aside for common open space;

d.

Does not substantially increases non-residential floor area; or

e.

Does not substantially increases lot coverage or building height.

4.

Decision Makers: The TRC shall review the Final Site Plan within thirty (30) days following receipt of a complete application. The TRC shall approve, approve with conditions, or deny the plan, within forty-five (45) days of its initial consideration.

5.

Recording: The Final Site Plan, a certified copy of the ordinance approving the plan, and any other related documents shall be recorded in the County Recorder's Office within forty-five (45) days of approval by the TRC.

6.

Amendments to the Final Site Plan: No changes shall be made in the approved Final Site Plan unless in conformance with the following requirements.

a.

Minor Change: The Planning Director may authorize minor changes under the following conditions:

(1)

Definition: The term "minor changes" as used in this Section is considered to represent changes that do not alter the overall characteristics of the total plan nor create adverse impacts on adjacent uses or public services and facilities. Examples of minor changes include:

(a)

changes in the location and type of landscaping and screening, provided that the character and intent is maintained;

(b)

changes in the orientation of parking areas, provided that adequate site circulation is maintained, parking areas are not located closer than twenty (20) feet to any residential structure or ten (10) feet to any street or right-of-way lines, and the number of parking spaces is not reduced;

(c)

changes in the location of sidewalks and pathways, provided that pedestrian circulation elements remain interconnected;

(d)

reorientation, but not complete relocation, of structures;

(e)

changes that will not impact properties or uses outside of and adjacent to the Planned Development; or

(f)

redesign of open space that does not decrease its recreational, buffering, or environmental benefits.

(2)

Prohibitions: No minor change authorized by this Section may:

(a)

change the permitted uses or character of development;

(b)

increase lot coverage;

(c)

increase density or intensity of use;

(d)

increase demand for traffic circulation and public utilities;

(e)

decrease public or private open space; or

(f)

increase the number of dwellings or square footage of non-residential development.

b.

Major Change: All other changes to the approved Final Site Plan shall be deemed "major" and shall be approved only by the TRC after review of a revised Final Site Plan and/or Map. No major change may be made in the approved Final Site Plan unless the applicant establishes such amendments are required due to:

(1)

changes in conditions that occurred after the Final Site Plan was approved;

(2)

changes in the development policy of the community; or

(3)

conditions that were reasonably unforeseen at the time the Final Site Plan was approved.

c.

Recording of Changes and Amendments: Any approved changes shall be recorded as amendments to the previously recorded Plan and/or Map.

E.

Development According to the Final Site Plan and Final Plat

No building permit shall be issued on any site unless a site plan has been submitted and approved and such site plan conforms to the conditions of the adopted Final Site Plan and Final Plat.

F.

Transfer of Ownership

The requirements, restrictions, conditions and provisions of the approved Planned Development Concept Plan, Final Site Plan, and Final Plat shall be binding upon the owners, their heirs and assigns and future owners until such time as the City may release such limitation on the use of the subject property under the procedures provided herein.

G.

Expiration of a Planned Unit Development

The approval of the Final Site Plan shall be null and void unless an Incremental Master Site Plan for at least the initial phase has been submitted for review and approval within three (3) years after the date of approval of the PUD application. Such time period will not be extended with transfer of ownership. Upon written request, one (1) extension of time may be granted by the City Council for a period not to exceed one (1) year for good cause shown. No request for an extension shall be considered unless a written request is submitted to the Planning Director no later than thirty (30) days prior to the date the Final Site Plan is to expire. The extension shall be deemed granted until the City Council has acted upon the request for extension. Failure to submit an application for an extension within the time limits established by this Section shall render the approved Final Site Plan null and void upon the expiration of the three-year term and a new application must be resubmitted. Upon City Council approval of the Incremental Master Site Plan the developer shall have one (1) year to start the development on the property. From that time forward, annual reviews on the progress of the development shall be conducted by staff and the results reported to the City Council. The development conditions shall be vested per the PUD requirements at the time of approval. The vesting of such conditions shall remain valid through the completion of all development within the PUD for ten (10) years with two (2) five-year renewals subject to annual staff reviews with the exception of improvements required in the TIA or conditions of a Development Agreement.

(Ord. No. 31-21, 2-1-2021; Ord. No. 08-21, 3-1-2021)

A.

Purpose

Special use permit governs uses that may be appropriate in the zoning district subject to specific conditions addressing the number, size, location or relationship of the proposed uses to the neighborhood.

B.

Applicability

1.

Special Use Permits for those uses listed in Table 3-1 may be issued by the City Council after review and recommendation by the Technical Review Committee. In rendering a decision, the City Council shall hold an evidentiary hearing and follow applicable quasi-judicial proceedings.

2.

Special use permits for multi-family and townhome developments may be issued by the City Council after review and recommendation by the Technical Review Committee. In rendering a decision, the City Council shall hold an evidentiary hearing and follow applicable quasi-judicial proceedings.

C.

Application Requirements

The applicant shall file an application with the Planning Department, and shall provide any additional information deemed necessary upon request.

D.

Review Criteria

No special use permit shall be approved unless each of the following findings is made concerning the proposed special use project:

1.

The use will not materially endanger the public health or safety if located where proposed and developed according to the plan as submitted and approved.

2.

The use meets all required conditions and specifications.

3.

The use will not substantially injure the value of adjoining or abutting property, or that the use is a public necessity.

4.

The locations and character of the use, if developed according to the plan submitted and approved, will be in harmony with the area in which it is to be located and in general conformity with the plan of development of the City of Statesville and its environs.

E.

Decision Makers:

1.

City Council:

a.

The Council shall hold an evidentiary hearing to consider the findings of fact and recommendation of staff, and the competent material evidence and sworn testimony entered into the record by those determined to have standing, then by simple majority vote render a quasi-judicial decision consistent with the requirements of this Code and NCGS 160D-406 to approve, approve with conditions, or deny the application. Conditions shall not include requirements for which the Board does not have authority under this Code or State statute to regulate.

b.

In addition to the review criteria contained in Subsection (D), the Council shall make findings the request comply with any specific development standards associated with the use as detailed within the Ordinance.

i.

Consideration: The Council shall hold an evidentiary hearing to consider the findings of fact, and the record of public testimony and evidence, then by simple majority vote, render a quasi-judicial decision consistent with the requirements of this Code and NCGS 160D-406 to approve, approve with conditions, or deny the application. Conditions shall not include requirements for which the Council does not have authority under statute to regulate or requirements for which the courts have held to be unenforceable if imposed directly by the Council.

ii.

Approval: An approved application shall define the terms of the permit.

iii.

Permit Amendments: The Planning Director may approve minor changes as described in Section 2.03. All other permit amendments shall be approved through the original approval process.

F.

Lapse of Special Use Permit

If a use allowed by special permit has lapsed and not been established or initiated within the time established by the approval or two (2) years, the permittee shall be deemed to consent to revocation of the permit. The City Council may choose to revoke the permit or grant a limited extension of the permit by following the same development review and approval process required for the issuance of the approval, including any required notice or hearing.

G.

Transfer of Ownership

The requirements, restrictions, conditions and provisions of the approved special use permit shall be binding upon the owners, their heirs and assigns and future owners until such time as the City may release such limitation on the use of the subject property.

H.

Determination, Major Changes Requiring an Amendment

Before making a determination as to whether a proposed action is an amendment based upon a major change, the Planning Director (per Section 2.01.A.5.) shall review the record of the proceedings on the original application for the approval of the Special Use Permit.

1.

A change in a specific or general use category shall constitute a new application.

2.

The Planning Director shall use the following criteria in determining whether a proposed change is an amendment constituting a major change to the approved Special Use Permit:

Major Changes: (Not to be approved by Planning Director)

a.

Any increase in intensity of use;

b.

Any change in permitted uses;

c.

Substantial changes in pedestrian or vehicular access or circulation.

d.

Any increase in noise, dust, or odor.

If the Planning Director determines that the proposed action requires an amendment, he/she shall require the applicant to file a request for approval of the amendment. Such request shall be submitted to the City Council under the process described in this Article.

I.

Minor Changes and Modifications

The Planning Director (per Section 2.01.A.5.) shall have the delegated authority to approve minor changes to the Special Use Permit provided they are in harmony with the action of the City Council. A minor change shall mean:

1.

Decreases in the intensity of development; meaning a decrease in useable floor area by less than ten percent (10%), a decrease in the number of dwelling or lodging units by less than ten percent (10%), or a decrease in outside land area devoted to sales, displays or demonstrations;

2.

Any change in parking areas resulting in a decrease or increase of up to ten percent (10%) in the number of spaces approved by the City Council;

3.

Structural alterations not significantly affecting the basic size, as shown on the approved plan;

4.

A decrease or an increase less than ten percent (10%), in the amount of open space, recreation facilities or landscape screening;

5.

Any time an applicant agrees to impose standards that are more stringent than those previously approved by the City Council; or

6.

Annexation can be waived if city services are not accessible.

(Ord. No. 01-14, 3-17-2014; Ord. No. 08-21, 3-1-2021; Ord. No. 30-21, 6-6-2021; Ord. No. 02-23, exh. A, 1-9-2023; Ord. No. 53-23, 10-2-2023; Ord. No. 47-23, 11-6-2023)

A.

Purpose

Variances provide relief for property owners when the strict application of this Code would result in a particular hardship, and shall be the minimum act necessary to permit reasonable use of the land.

B.

Applicability

The Board of Adjustment shall hear and decide all requests for variances. No variance shall allow a use not authorized by this Code or a density in excess of that allowed in the applicable zoning district. The practical hardship must be clearly presented, and shall not result from the actions of the current or previous owners.

C.

Application and Procedures

The application, with the required information shall be filed with the Planning Department.

D.

Required Findings

When unnecessary hardships would result from carrying out the strict letter of a zoning regulation, the board of adjustment shall vary any of the provisions of the zoning regulation upon showing all of the following:

1.

Unnecessary hardship would result from the strict application of the regulation. It is not necessary to demonstrate that, in the absence of the variance no reasonable use can be made of the property; and

2.

The hardship results from conditions that are peculiar to the property, such as location, size, or topography. Hardships resulting from personal circumstances, as well as hardships resulting from conditions that are common to the neighborhood or the general public, may not be the basis for granting a variance. A variance may be granted when necessary and appropriate to make a reasonable accommodation under the Federal Fair Housing Act for a person with a disability; and

3.

The hardship did not result from actions taken by the applicant or the property owner. The act of purchasing property with knowledge that circumstances exist that may justify the granting of a variance is not a self-created hardship; and

4.

The requested variance is consistent with the spirit, purpose, and intent of the regulation, such that public safety is secured, and substantial justice is achieved.

E.

Decision Maker

The Board of Adjustment shall review the request for a variance at an evidentiary hearing, duly advertised in accordance with Table 2-1 of the Code, and shall render a quasi-judicial decision to approve, approve with conditions, or deny the request.

F.

Conditions

Consistent with NCGS 160D-705(d), appropriate conditions may be imposed on any variance, provided that the conditions are reasonably related to the variance.

(Ord. No. 08-21, 3-1-2021; Ord. No. 30-21, 6-6-2021; Ord. No. 02-23, exh. A, 1-9-2023)

A.

Purpose

Appeals to the Board of Adjustment provide a mechanism for review of any staff determination, including, but not limited to, action on a development application, Historic Preservation Commission writ of certiorari, or interpretation of development regulations.

B.

Applicability

1.

Except as provided in NCGS 160D-1403.1, appeals of administrative decisions made by Staff under the Code shall be made to the Board of Adjustment.

2.

Standing. Any person who has standing under NCGS 160D-1402(c) or the City Council may appeal an administrative decision to the Board.

3.

The notice of appeal shall state the grounds for the appeal.

4.

Time to Appeal. The owner or other aggrieved party has 30 days from receipt of the written notice of the determination within which to file an appeal. Any other person with standing to appeal has 30 days from receipt from any source of actual or constructive notice of the determination within which to file an appeal. In the absence of evidence to the contrary, notice given pursuant to G.S. 160D-403(b) by first-class mail is deemed received on the third business day following deposit of the notice for mailing with the United States Postal Service.

5.

Record of Decision. The Staff, who made the decision, shall transmit to the Board all documents and exhibits constituting the record upon which the decision appealed from is taken. Staff shall also provide a copy of the record to the appellant and to the owner of the property that is the subject of the appeal if the appellant is not the owner.

6.

Stays. An appeal of a notice of violation or other enforcement order stays enforcement of the action appealed from and accrual of any fines assessed during the pendency of the appeal to the Board and any subsequent appeal in accordance with NCGS 160D-1402 or during the pendency of any civil proceeding authorized by law or appeals therefrom, unless Staff certifies to the Board after notice of appeal has been filed that, because of the facts stated in an affidavit, a stay would cause imminent peril to life or property or, because the violation is transitory in nature, a stay would seriously interfere with enforcement of the development regulation.

a.

In this case, enforcement proceedings are not stayed except by a restraining order, which may be granted by a court of competent jurisdiction.

If enforcement proceedings are not stayed, the appellant may file with Staff a request for an expedited hearing of the appeal, and the Board shall meet to hear the appeal within 15 days after the request is filed.

7.

Notwithstanding any other provision of this section, appeals of decisions granting a development approval or otherwise affirming that a proposed use of property is consistent with the development regulation does not stay the further review of an application for development approvals to use the property; in these situations, the appellant or City may request and the Board may grant a stay of a final decision of development approval applications, including building permits affected by the issue being appealed.

C.

Application and Procedure

An appeal is taken by filing a notice of appeal with the City clerk or Planning Director.

D.

Appeals Review Criteria

The scope of review shall be limited to determining whether the decision or interpretation by the Staff was in accordance with the intent and requirements of this Code.

E.

Decision Maker

The Board of Adjustment shall review the appeal at an evidentiary hearing, duly advertise in accordance with Table 2-1 of the Code. The Board shall render a quasi-judicial decision and grant the appeal if it finds that the decision was made improperly or in violation of State law. (G.S. § 160D-406)

F.

Alternative Dispute Resolution

The parties to an appeal that has been made under this section may agree to mediation or other forms of alternative dispute resolution.

G.

No Estoppel

NCGS 160D-1403.2, limiting local government's use of the defense of estoppel, applies to proceedings under this section.

(Ord. No. 08-21, 3-1-2021; Ord. No. 02-23, exh. A, 1-9-2023)

Editor's note— Ord. No. 02-23, exh. A, adopted Jan. 9, 2023, amended § 2.12 and in doing so changed the title of said section from "Appeals from Staff Determinations" to "Appeals from Determinations," as set out herein.

A.

Purpose

Any portion of a public right-of-way, reservation, easement, dedicated setback in excess of the required minimum, access control, or plat may be vacated, provided the abandonment is found to be in the public interest, and no private rights are adversely affected. Applications for abandonment may be made by the City or any owner of property abutting or including the property or interest to be vacated.

B.

Applicability

A public right-of-way, reservation, easement, dedicated setback, or access control may be abandoned if such is no longer necessary for the public safety or convenience. The undeveloped portion of a plat may be abandoned provided there is no need for any public reservations, easements, dedicated setbacks, or access control shown thereon.

C.

Application and Procedure

Any approved abandonment must be adopted by ordinance of the City Council. An application for abandonment shall be filed in the office of the Planning Department. Following the adoption of an abandonment ordinance the Clerk shall record a copy thereof with the Register of Deeds, and such abandonment shall be noted on any affected plat.

D.

Reservation of Easements

The City Council may reserve such rights-of-way and other easements as are necessary for existing or planned public facilities or services.

E.

Reversion of Land Abandoned

All abandoned public property or interests shall be sold or revert to the owners of adjoining properties pursuant to State law.

F.

Review Criteria

Prior to approval, the City Council shall find that:

1.

The abandonment conforms to State law;

2.

The abandonment is consistent with the Comprehensive Plan, Major Street Plan and other adopted plans and policies of the City;

3.

The abandonment does not restrict access to any parcel or result in access that is unreasonable, economically prohibitive, or devalues any property; [and]

4.

The abandonment does not adversely impact the health, safety, or welfare of the community, nor reduce the quality of public services provided to any parcel of land.

G.

Decision Maker

The City Council shall approve, approve with conditions or deny approval of the application.

A.

Purpose

In order to safeguard the heritage of the locality, the City of Statesville, under the authority of State statute (G.S. Ch. 160D, art. 9, pt. 4) sets forth these regulations to facilitate the preservation and conservation of historic properties. Historic properties subject to the regulations of this Section are: (1) all tracts of land situated within a locally designated historic district and (2) all individual tracts of land which have been locally designated a historic landmark.

Historic properties shall be an additional zone overlapping any of the zoning districts established with this ordinance. Historic districts shall be delineated on the zoning map to distinguish that portion of any zoning district to which the historic district designation shall apply. Historic landmarks shall be denoted on the zoning map with common call letters followed by a sequential reference number to be assigned each landmark (i.e., HL-1; HL-2; HL-3; etc.). The requirements for historic properties shall be additional to other zoning district requirements and when in conflict with underlying requirements, the requirements for historic properties shall prevail.

B.

Applicability

1.

Certificate of Appropriateness Required. 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 or moved on historic property until after an application for a Certificate of Appropriateness as to exterior architectural features has been submitted to and approved by the Historic Preservation Commission. Exterior architectural features shall include the architectural style, general design and general arrangement of the exterior of a building or other structure, including the kind and texture of the building material, and the type and style of all windows, doors, light fixtures, signs and other appurtenant fixtures. In the case of outdoor advertising signs, exterior architectural features shall be construed to mean the style, material, size and location of all such signs.

2.

Ground Disturbance. The Historic Preservation Commission's review of requests for certificates of appropriateness may also consider whether ground disturbance resulting from proposed repair or replacement or construction of foundations, landscaping activities, or moving of buildings and structures may affect any archaeological sites or materials.

3.

Conformity Required. A certificate of appropriateness shall be required whether or not a building permit is required. Any such building permits or such other permits not issued in conformity with this section shall be invalid.

4.

Demolition and Repair. No building or structure situated on historic property, having been designated as such by the Statesville City Council, shall be demolished or otherwise removed until the owner thereof has received a certificate of appropriateness for the demolition or removal. Consistent with NCGS 160D-949 (a) an application for a certificate of appropriateness authorizing the relocation, demolition, or destruction of a designated landmark or a building, structure, or site within the district may not be denied, except as provided in subsection (c) of this section. However, the effective date of such a certificate may be delayed for a period of up to 365 days from the date of approval.

5.

Maintenance and Repair. The ordinary maintenance or repair of any exterior architectural feature of a historic property which does not involve a change in design, material, or outer appearance thereof, shall not require a certificate of appropriateness.

6.

Unsafe or Dangerous Conditions. The construction, reconstruction, alteration, restoration or demolition of any exterior features, which the building inspector or similar official shall certify is required for public safety because of an unsafe or dangerous condition, shall not be prevented by the requirements pertaining to historic properties.

7.

Interior Review. Jurisdiction of the commission over interior spaces shall be limited to specific interior features of architectural, artistic, or historical significance in publicly owned landmarks; and of privately owned historic landmarks for which consent for interior review has been given by the owner. Consent of an owner for interior review shall bind future owners and/or successors in title, provided such consent has been filed in the office of the register of deeds and is located and indexed according to the name of the owner of the property in the grantee and grantor indexes. The landmark designation shall specify the interior features to be reviewed and the specific nature of the Commission's jurisdiction over the interior.

8.

Construction on Public Property. As provided for in subsection E.10 of this section.

C.

Application Requirements

An application for a Certificate of Appropriateness shall be filed in the office of the Planning Department.

D.

Review Criteria

The following criteria shall govern the review of certificates of appropriateness. A portfolio of the Historic Preservation Commission's (HPC) Design Standards shall be available in the City offices during regular business hours.

1.

Height. The maximum height of all new buildings permitted in an a historic district shall be thirty-five (35) feet unless the HPC authorizes a height above thirty-five (35) feet. However, such authorized height shall not exceed ten percent (10%) of the average height of existing adjacent buildings. Chimneys, steeples, spires, cupolas and the like, not intended for human occupancy, shall be reviewed on an individual basis and shall be subject to the requirements stipulated by the certificate of appropriateness issued for that particular project.

2.

Walls of Continuity. Physical ingredients such as brick walls, wrought iron fences, evergreen landscape masses, building facades, or combination of these, shall be compatible to the character of the historic district.

3.

Height-width Proportion of Front Facades. The ratio between the height and width of the structure shall be compatible to those historically significant structures on properties (i.e., lot, parcel or tract) located within the historic district and within two hundred (200) feet of the subject property.

4.

Height-width Proportion of Openings. The relationship of width to height of windows and doors should be compatible with those properties within the historic district and within two hundred (200) feet of the subject property in all directions.

5.

Rhythm of Building Spacing. The recurrent building masses to spaces between them shall be compatible to those properties within the historic district which are within two hundred (200) feet of the subject property in all directions.

6.

Relationship of Materials. Within the historic district, the predominant material shall be brick, stone, stucco, wood siding or such other material that shall be compatible to those properties within the historic district and within two hundred (200) feet of the subject property in all directions.

7.

Relationship of Textures. The predominant texture may be smooth (stucco) or wrought (brick) or horizontal wood siding, or such other texture as shall be compatible to those properties within the historic district and within two hundred (200) feet of the subject property in all directions.

8.

Relationship of Color. The predominant color may be that of a natural material or a painted one and shall be compatible to those properties within the historic district and within two hundred (200) feet of the subject property in all directions.

9.

Relationship of Architectural Details. Details such as cornices, lintel, arches, quoins, balustrades, wrought iron work, chimneys, etc., shall be compatible to those properties within the historic district and within two hundred (200) feet of the subject property in all directions.

10.

Relationship of Roof Shapes. Roof shapes in the historic district shall be gable, mansard, hip, flat, gambrel and shall be compatible to those properties within the historic district and within two hundred (200) feet of the subject property in all directions.

11.

Scale. The relationship of building mass and details shall be compatible to those properties within the historic district and within two hundred (200) feet of the subject property in all directions.

12.

Directional Expression of Front Elevation. The direction which the front elevation of the structure takes must be found on other properties within the historic district and within two hundred (200) feet of the subject property in all directions.

13.

Relationship of Ground Cover. Ground cover or paving such as brick pavers, cobblestone, granite blocks or other such materials shall be compatible with those properties within the historic district and within two hundred (200) feet of the subject property in all directions.

14.

Archaeological Properties and Resources. When major ground-disturbing activity is proposed, the HPC may call for an investigation of the site to determine if archaeological resources exist and what impact the activity may have on those resources.

E.

Decision Makers

1.

The Historic Preservation Commission shall receive applications for certificates of appropriateness for major works. The Commission shall review such applications according to the criteria to determine appropriateness and to the illustrated portfolio appendix of the historic preservation commission rules of procedure. After said review the Commission shall approve or disapprove such application. The Commission shall not consider interior arrangement, except as specified in Section 2.14.B.7. and shall take no action except for the purpose of preventing the construction, reconstruction, alteration, restoration or moving of buildings, structures, appurtenant fixtures or outdoor advertising signs upon historic properties which would be incongruous with the historic aspects of that property.

2.

Prior to issuance or denial of a certificate of appropriateness, the Commission shall take such action as may reasonably be required to inform the owners of any property likely to be materially affected by the application and shall give the applicant and such owners an opportunity to be heard. "Notice to such owners" shall include a written notice of proposal to all of the individuals, firms, or corporations owning property adjacent to both sides and rear and the property in front of (across the street from) the property for which an application for a certificate of appropriateness has been received by the Historic Preservation Commission.

3.

All applications for certificates of appropriateness shall be reviewed and acted upon within a reasonable time, not to exceed one hundred eighty (180) days from the date the application for a certificate of appropriateness is filed, as defined by the commission's rules of procedure. As part of its review, the commission may enter, solely in performance of its official duties and only at reasonable times, upon private lands for examination or survey thereof. However, no member, employee or agent of the commission may enter any private building or structure without the express consent of the owner or occupant thereof.

4.

All certificate of appropriateness requests shall be reviewed using the quasi-judicial process as detailed within this Ordinance and NCGS 160D-947 (c).

5.

The Historic Preservation Commission's final action on an application for a certificate of appropriateness shall be by the passage of a motion to take one (1) of the following actions:

(a)

Approve the application for a certificate of appropriateness as proposed;

(b)

Approve the application for a certificate of appropriateness subject to specific conditions and/or modification of the proposal presented in the application for a certificate of appropriateness; or

(c)

Disapprove the application for a certificate of appropriateness as proposed or modified.

6.

Upon passage of a motion to approve an application, with or without modification, the Historic Preservation Commission shall issue a certificate of appropriateness. A certificate of appropriateness shall be valid for a period of six (6) months from the date of issuance for the purpose of obtaining a building permit or other permit for the purpose of construction or altering structures. The certificate of appropriateness shall expire six (6) months from the date of issuance if:

(a)

The recipient has not applied for any necessary building or zoning permit by then; or

(b)

If no such permit is required, if the work has not begun by then.

7.

Compliance with the certificate of appropriateness shall be determined by the planning department. Failure to comply with a certificate of appropriateness shall be a violation of the zoning ordinance. The discontinuance of work or the lack of progress toward achieving compliance with a certificate of appropriateness for a period of one (1) year shall be considered as a failure to comply with a certificate of appropriateness.

8.

An appeal to the Zoning Board of Adjustment from the Commission action in granting or denying the certificate shall be in the nature of certiorari and follow the procedure outlined in Section 2.12 of the Code. The Board may not reopen the case but must make its decision solely on the record sent to it by the Historic Preservation Commission and appeal from Board of Adjustment/Judicial review.

9.

In the event that the Historic Preservation Commission, in considering an application for a certificate of appropriateness, shall find that a building or structure for which a building permit is requested is to restore or reconstruct a building or structure which existed at the same location but does not meet zoning requirements, said building or structure may be authorized to be restored or reconstructed at the same location where the original building or structure was located, provided the Zoning Board of Adjustment authorizes such as a special exception and no use other than that permitted in the district in which such is located is made of said property. Such conditions as may be attached to the Historic Preservation Commission approval and those conditions as may be set by the Zoning Board of Adjustment shall be included in any certificate of appropriateness related thereto. Before the restoration or reconstruction may begin, the Commission shall consider whether archaeological investigation around the existing building or structure is warranted, and may make recommendation that such investigation be conducted.

10.

In passing upon applications for certificates of appropriateness concerning any porches, steps, posts, fences, walls or other items extending over, on, or within public rights-of-way, the historic preservation commission shall find the particular feature to be necessary for the restoration, reconstruction or maintenance thereof and will not impede or block pedestrian traffic or constitute a hazard to public safety. Such findings shall be transmitted to the City Council for consideration in authorizing or denying such encroachments into public rights-of-way.

11.

In addition to any other condition the Council may make regarding such authorization, any items restored, reconstructed or maintained on, over, or within a public sidewalk, public alley area or other such public right-of-way shall be the responsibility of the owner, and the owner's restoration, reconstruction or maintenance of any such item within such area shall constitute the owner's agreement to protect and hold the City of Statesville blameless against any and all liability, cost, damage or expense suffered by the City as a result of or growing out of the restoration, reconstruction or maintenance thereof. Such items, so approved, may be lawfully restored, reconstructed or maintained. Further provided that at the lowest point, any such item projecting over any sidewalk, public alley or other such public right-of-way shall be at least nine (9) feet above the sidewalk immediately below.

F.

Demolition or Removal

No structure within a historic district may be demolished without a permit issued by the City Council.

Consistent with NCGS 160D-949 (a), an application for a certificate of appropriateness authorizing the relocation, demolition, or destruction of a designated landmark or a building, structure, or site within the district may not be denied, except as provided in subsection (c) of this section. However, the effective date of such a certificate may be delayed for a period of up to 365 days from the date of approval.

If the Historic Preservation Commission has formally voted to recommend designation of a property as a landmark or designation of an area as a district, and final designation has not been made by the City Council, the demolition of any building, structure, or site located on the proposed landmark or in the proposed district may be delayed by the Historic Preservation Commission for a period of up to one hundred eight (180) days or until the City Council takes final action on the designation, whichever occurs first.

An application for a certificate of appropriateness and a permit to demolish or remove a building, structure or site shall be filed or processed as all other applications received. The Historic Preservation Commission shall hear the request and within forty-five (45) days of the hearing recommend to the City Council for or against the application. The City Council shall consider the following in deciding whether to issue a permit:

F.

Demolition or Removal

No structure within a historic district may be demolished without a permit issued by the City Council. If the Historic Preservation Commission has formally voted to recommend designation of a property as a landmark or designation of an area as a district, and final designation has not been made by the City Council, the demolition of any building, structure, or site located on the proposed landmark or in the proposed district may be delayed by the Historic Preservation Commission for a period of up to one hundred eight (180) days or until the City Council takes final action on the designation, whichever occurs first.

An application for a certificate of appropriateness and a permit to demolish or remove a building, structure or site shall be filed or processed as all other applications received. The Historic Preservation Commission shall hear the request and within forty-five (45) days of the hearing recommend to the City Council for or against the application. The City Council shall consider the following in deciding whether to issue a permit:

1.

The recommendation of the Historic Preservation Commission;

2.

The location of the structure within the historic district;

3.

The state of repair of the structure;

4.

The architectural and historical significance of the structure;

5.

The owner's plans with regards to replacing the structure;

6.

The overall impact of the structure on the historic district; and

7.

The economic impact of the denial of the permit upon the owner of the structure.

The City Council may, as a condition of issuing a permit for demolition, require the owner to replace the structure to be demolished with another structure that meets plans submitted by the owner and approved by the City Council. The City Council may establish a reasonable period of time for the owner to replace the demolished structure.

G.

Powers, Generally

Nothing contained in this ordinance shall profit, impair or limit in any way the power of the City of Statesville (at its own initiative or request of the Historic Preservation Commission) to prevent the construction, reconstruction, alteration, restoration or removal of buildings, structures, appurtenant fixtures or outdoor signs upon historic properties in violation of the provisions of this ordinance, and 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.

The Statesville Historic Preservation Commission shall exercise such other powers and perform such other duties or activities as are required elsewhere by this Code or the General Statutes of North Carolina or as assigned by the Statesville City Council.

The Historic Preservation Commission shall, within the limits of funds available to it, given to it or otherwise made available to it, perform the requirements assigned to it by ordinance and any other actions directly related thereto or as authorized by the City Council.

H.

Standards

The exterior features of any building or structure (including walls, fences, light fixtures, steps, pavement, paths or any other appurtenant fixture), or any type of outdoor advertising sign either designated as an Historic Landmark or located within a designated local historic district shall be preserved by the owner or such other person who may have legal possession, custody and control thereof against decay and deterioration and keep free from structural defects. The owner, or other person having such legal possession, custody and control, shall upon written request by 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 which have the effect of significantly impairing the integrity of such building or structure or the special character of such historic district:

1.

Deterioration of exterior walls, foundations or other vertical support that causes leaning, sagging, splitting, listing or buckling;

2.

Deterioration of flooring or floor supports, roofs or other horizontal members that causes leaning, sagging, splitting, listing or buckling;

3.

Deterioration of external chimneys that causes leaning, sagging, splitting, listing or buckling;

4.

Deterioration or crumbling of exterior plasters or mortars;

5.

Ineffective waterproofing of exterior walls, roofs and foundations, including broken windows or doors;

6.

Defective protection or lack of weather protection for exterior walls and roof coverings, including lack of paint or weathering due to lack of paint or other protective covering;

7.

Rotting, holes and other forms of decay;

8.

Deterioration of exterior stairs, porches, handrails, window and door frames, cornices, entablatures, wall facings and architectural details that causes delamination, instability, loss of shape and form or crumbling;

9.

Heaving, subsidence, or cracking of foundations, sidewalks, steps or pathways;

10.

Deterioration of fences, gates and accessory structures;

11.

Deterioration of any exterior feature so as to create or permit the creation of any hazardous or unsafe conditions to life, health or other property.

I.

Petition and Action

The Historic Preservation Commission may file a petition listing specific defects with the Director of Planning or his/her designee requesting that the Director of Planning or his/her designee under the following procedures require the correction of deterioration or making of repairs to any historic landmark or structure located within a local historic district so that such structure shall be preserved and protected in accordance with the purposes of Section 2.14 B. of this Code.

1.

Whenever a petition is filed with the Director of Planning or his/her designee charging that a structure is undergoing demolition by neglect, the Director of Planning or his/her designee shall, if the Director of Planning or his/her designee's preliminary investigation discloses a basis for such charges, within seven (7) days issue and cause to be served upon the owner and/or such other person who may have legal possession, custody and control thereof, as the same may be determined by reasonable diligence, a complaint stating the charges in that respect and containing a notice that a hearing will be held before the Director of Planning or his/her designee not less than thirty (30) days nor more than sixty (60) days after the servicing of such complaints; that the owner and/or parties in interest shall be given a right to answer to give testimony at the place and time fixed in the complaint; that the Commission 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 hearings before the Director of Planning or his/her designee. The purpose of the hearing is to receive evidence concerning the charge of deterioration and to ascertain whether the owner and/or other parties in interest wishes to petition the Commission for a claim of undue economic hardship.

2.

If after such notice and hearing, the Director of Planning or his/her designee determines that the structure is undergoing demolition by neglect because it is deteriorating, or if its condition is contributing to deterioration, according to the standards of Section 2.14 H., the Director of Planning or his/her designee 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 other parties in interest therein an order to repair within the time specified those elements of the structure that are deteriorating, contributing to deterioration, or deteriorated. In the event that the owner and/or other parties in interest wish to petition for a claim of undue economic hardship, the Director of Planning or his/her designee's order shall be stayed until after the Commission's determination in accordance with the procedures of Section 2.14 K.

J.

Methods of Service

Complaints or orders issued by the Director of Planning or his/her designee shall be served upon persons either personally or by registered or certified mail; but if the whereabouts of such persons are unknown and the same cannot be ascertained by the Director of Planning or his/her designee in the exercise of reasonable diligence, and the Director of Planning or his/her designee shall make an affidavit to that effect, stating the steps taken to determine and locate the person(s) in interest, then the serving of such complaint or order may be made by publishing the same once each week for two (2) successive weeks in a newspaper generally circulated within the City. Where such service is by publication, a notice of the pending proceedings shall be posted in a conspicuous place on the premises thereby affected.

K.

Safeguards from Undue Economic Hardship

When a claim of undue economic hardship is made owing to the effects of this Section, the Director of Planning or his/her designee shall notify the Commission within ten (10) days following the hearing on the complaint. The Commission shall schedule a hearing on the claim at its next regular meeting, within the limitations of its procedures for application deadlines.

The petitioner shall present the information provided below to the Commission. The Commission may require that an owner and/or parties in interest furnish such additional information that is relevant to its determination of undue economic hardship. The Commission may direct its staff to furnish additional information, as the Commission believes is relevant. The Commission shall also state which form of financial proof it deems relevant and necessary to a particular case.

When a claim of undue economic hardship is made owning to the effects of this Section, the owner and/or parties in interest must provide evidence during the hearing upon the claim, describing the circumstances of hardship. The minimum evidence may include any of the following:

1.

Nature of ownership (individual, business, or non-profit) or legal possession, custody and control;

2.

Financial resources of the owner and/or parties in interest;

3.

Cost of repairs;

4.

Assessed value of the land and improvements;

5.

Real estate taxes for the previous two (2) years;

6.

Amounts 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;

7.

Annual debt service, if any, for previous two (2) years;

8.

Any listing of the property for sale or rent, price asked and offers received, if any.

In addition, for income producing property:

1.

Annual gross income from the property for the previous two (2) years;

2.

Itemized operating and maintenance expenses for the previous two (2) years, including proof that adequate and competent management practices were followed;

3.

Annual cash flow, if any, for the previous two (2) years;

4.

The past year's income tax returns.

Within sixty (60) days of the Commission's hearing on the claim, the Commission shall cause to be made a finding of undue or no undue economic hardship and shall enter the reasons for such finding into the record. In the event of a finding of no undue economic hardship, the Commission shall report such finding to the Director of Planning or his/her designee, and the Director of Planning or his/her designee shall cause to be issued an order for such property to be repaired within the time specified.

In the event of a finding of undue economic hardship, the finding shall be accompanied by a recommended plan to relieve the economic hardship. This plan may include, but is not limited to, property tax relief as may be allowed under North Carolina law, loans or grants from the City, or other public, private or nonprofit sources, acquisition by purchase or eminent domain, building code modifications, changes in applicable zoning regulations, or relaxation of the provisions of this Section sufficient to mitigate the undue economic hardship. The Commission shall report such finding and plan to the Director of Planning or his/her designee. The Director of Planning or his/her designee shall cause to be issued an order for such property to be repaired within the time specified and according to the provision of the recommended plan.

L.

Appeals

Findings made by the Director of Planning, his/her designee, or by the Commission, may be appealed to the Board of Adjustment. To perfect such an appeal, application must be filed by an aggrieved party with the Board of Adjustment within thirty (30) days following receipt of the order for repair of the property or determination. Appeals shall be in the nature of certiorari.

M.

Other City Powers

Nothing contained within this Section shall diminish the City's power to declare a building unsafe or in violation of the minimum housing code.

N.

Penalties and Remedies

Enforcement of this Section may be by any one (1) or more of the following methods, and the institution of any action under any of these methods shall not relieve any party from any other civil or criminal proceeding prescribed for violations and prohibitions.

1.

Equitable Remedy. The City may apply for any appropriate equitable remedy to enforce the provisions of this Section.

2.

Order of Abatement. The City may apply for and the court may enter an order of abatement. An order of abatement may direct that improvements or repairs be made, or that any other action be taken that is necessary to bring the property into compliance with this Section. In the event the City executes an order of abatement, the City shall have a lien, in the nature of a mechanic's and materialman's, on the property for the cost of executing such order.

3.

Civil Penalty. No civil penalty shall be levied unless and until the Director of Planning shall deliver a written notice by personal service or by registered mail or by certified, return receipt requested, to the person responsible for each violation indicating the nature of the violation and ordering corrective action. The notice shall also set forth the time period when corrective measures must be completed. The notice shall state that failure to correct the violation within the specified period will result in the assessment of civil penalties and other enforcement action. If after the allotted time period has expired and after the hearing of an appeal, if any, by the Board of Adjustment, corrective action has not been completed, a civil penalty shall be assessed in accordance with this Code.

O.

Validity

A certificate of appropriateness shall be valid for a period of one (1) year from the date of issuance for the purpose of obtaining a building permit or other permit for the purpose of construction or altering structures. The certificate of appropriateness shall expire six (6) months from the date of issuance if:

1.

The recipient has not applied for any necessary building or zoning permit by then; or

2.

If no such permit is required, if the work has not begun by then.

P.

Compliance and Enforcement

Compliance with the certificate of appropriateness shall be determined by the Planning Department. Failure to comply with a certificate of appropriateness shall be a violation of the zoning ordinance. Except where a longer vesting period is provided by statute or land development regulation, the statutory vesting granted by this section, once established, expires for an uncompleted development project if development work is intentionally and voluntarily discontinued for a period of not less than 24 consecutive months, and the statutory vesting period granted by this section for a nonconforming use of property expires if the use is intentionally and voluntarily discontinued for a period of not less than 24 consecutive months.

Q.

Non-Conforming Uses

In the event the HPC finds the application applies to a non-conforming situation, approval of a certificate shall conform to Article 4.

R.

Right-of-Way

In passing upon applications for certificates of appropriateness concerning any porches, steps, posts, fences, walls or other items extending over, on, or within public rights-of-way, the historic preservation commission shall find the particular feature to be necessary for the restoration, reconstruction or maintenance thereof and will not impede or block pedestrian traffic or constitute a hazard to public safety. Such findings shall be transmitted to the City Council for consideration in authorizing or denying such encroachments into public rights-of-way. In addition to any other condition the City Council may make regarding such authorization, any items restored, reconstructed or maintained on, over, or within a public sidewalk, public alley area or other such public right-of-way shall be the responsibility of the owner, and the owner's restoration, reconstruction or maintenance of any such item within such area shall constitute the owner's agreement to protect and hold the City of Statesville blameless against any and all liability, cost, damage or expense suffered by the City as a result of or growing out of the restoration, reconstruction or maintenance thereof. Such items, so approved, may be lawfully restored, reconstructed or maintained. Further provided that at the lowest point, any such item projecting over any sidewalk, public alley or other such public right-of-way shall be at least nine (9) feet above the sidewalk immediately below.

(Ord. No. 08-21, 3-1-2021; Ord. No. 30-21, 6-6-2021; Ord. No. 02-23, exh. A, 1-9-2023)

A.

Purpose

Site Development Plans ensure that applicable developments are designed and developed in a manner to ensure compatibility with surrounding land uses. Site plan review may also consider the siting of proposed construction and its impact on topography, vegetation, adjacent development, improvements in the immediate area and tie site plan's conformance to the goals, objectives, and policies of the Comprehensive Plan.

B.

Applicability

No person shall construct or modify an applicable building or structure, nor shall any excavation for such building or structure be commenced, until a site development plan has been approved in accordance with this section. Applicable buildings and structures include any new development or redevelopment in the B-3, B-4 and B-5 zoning districts, see Table 2-1: Summary of Application Procedures and all multi-family development.

C.

Application and Procedures

A property owner or designated representative shall initiate building permit review by filing an application with the Planning Department.

D.

Review Criteria

The building and site design described in the Site Plan shall meet all requirements of the UDC and Comprehensive Plans.

Multi-Family developments shall be compatible with and shall not adversely impact adjoining properties whether residential or nonresidential and shall meet all the requirements of the UDC and Comprehensive Plans.

E.

Decision Maker

The Technical Review Committee (TRC) shall approve, conditionally approve, or deny applications for site development plan approval.

F.

Amendments

Amendments to building plans may be approved prior to completion of the approved construction. Once approved, such amendments become part of the original application. Changes to the building footprint or site development plan for multi-family or non-residential structures shall require an amended site development plan.

G.

Completion of Buildings

Nothing contained herein shall require any change in the plans, construction, size or designated use of a building having a valid permit issued prior to the effective date of this Code.

H.

Condition of the Permit

All work performed under a valid permit shall conform to the approved application and subsequent amendments.

I.

Permit Validity

Approval of Site Development Plans and zoning permits authorized by NCGS 160D-403 for developments requiring Site Development Plan review shall run with the land and constitute approval of a site-specific vesting plan in accordance with NCGS 160D-108(d) and be valid for two (2) years from the date of approval unless a greater timeframe is authorized by NCGS 160D-108. Failure to submit construction plans, initiate construction, or otherwise begin the permitted use, within this time shall render the Site Development Plan approval void. The Planning Director may grant a single extension of this time period of up to three (3) years upon submittal by the applicant of sufficient justification for the extension. Multi-phased development containing 25 acres or more remains vested for a period of seven (7) years from the time a site plan approval is granted as authorized in NCGS 160D-108(f)

(Ord. No. 05-14, 5-5-14; Ord. No. 31-21, 2-1-2021; Ord. No. 02-23, exh. A, 1-9-2023)

A.

Purpose

Building permits ensure that buildings and structures comply with the provisions of this Code and other applicable local, State or Federal codes or regulations.

B.

Applicability

No person shall construct or modify a building or structure, nor shall any excavation for such building or structure be commenced, until a building permit has been obtained from the Chief Building Inspector. The Chief Building Inspector may not issue a permit until the Planning Director has issued a certificate of zoning compliance. A building permit shall not be required for normal property maintenance that does not alter the structure. No permit shall be issued until a statement of the structure's intended use has been filed by the applicant.

C.

Application and Procedures

A property owner or designated representative shall initiate building permit review by filing an application with the Iredell County Building Standards Department.

D.

Review Criteria

The application for the proposed development shall indicate:

1.

the building will be constructed on a legally established parcel or lot;

2.

all applicable local, State and Federal permits have been issued or are in the process of being obtained;

3.

all construction will comply with the adopted building code, fire code, electrical code, mechanical code and any other applicable codes and policies;

4.

the applicant and subsequent property owners are responsible for maintaining landscaping and other site improvements in compliance with this code; and

5.

the site will be developed and used in a manner consistent with the approved site development plan.

E.

Decision Maker

The Chief Building Inspector shall approve, conditionally approve, or deny applications for building permits.

F.

Amendments

Amendments to building plans may be approved prior to completion of the approved construction. Once approved, such amendments become part of the original application. Changes to the building footprint or site development plan for multi-family or non-residential structures shall require an amended site development plan.

G.

Completion of Buildings

Nothing contained herein shall require any change in the plans, construction, size or designated use of a building having a valid permit issued prior to the effective date of this Code.

H.

Condition of the Permit

All work performed under a valid permit shall conform to the approved application and subsequent amendments.

I.

Signatures on Permit

The applicant shall sign the permit.

J.

Posting of Permit

A copy of the approved permit shall be posted on the premises and open to public inspection for its duration. A certified copy of the approved plans shall also be kept on the premises at all times. The Chief Building Inspector shall be given at least twenty-four (24) hours notice of commencement of work under a permit.

K.

Revocation

The Chief Building Inspector may revoke an approved permit if he subsequently finds the approval was based on inaccurate or false information.

L.

Validity

A Certificate of Occupancy must be obtained prior to occupancy of the building or structure. The zoning clearance and/or permit shall expire six (6) months after the date of issuance if work authorized by the permit has not commenced. If after commencement, the work is discontinued for a period of twelve (12) months, the permit shall immediately expire. No work authorized by any permit that has expired shall be performed until a new permit has been secured.

A.

Purpose

A certificate of zoning compliance shall be required prior to the use of land to ensure the proposed change of use complies with the provisions of this Code.

B.

Applicability

No land shall be occupied or used, nor shall the use of land or buildings thereon be changed, altered, erected or occupied, or used in whole or in part for any purpose, until a certificate of zoning compliance is issued by the Planning Department or Statesville City Council. No permit shall be issued approving a change unless the changes conform with the provisions of this Code.

C.

Application

Applications shall be filed with the Planning Department and shall include a site plan in conformance with this section and such other information as may be necessary to demonstrate compliance with this Code. Water supply for fire protection shall be installed, certified, and activated in accordance with NCAC 15A subchapter 18C and accepted by the owner of the water supply system. Streets and street signs shall also be installed.

D.

Review Criteria

Applications shall be approved as an administrative decision by the Planning Director if the use or development occurs on a legally created lot or parcel, is authorized in the existing zoning district, and complies with this Code.

E.

Validity

Certificates of zoning compliance shall expire twelve (12) months from the date of issuance, unless the construction, alteration or use has commenced.

(Ord. No. 05-16, 3-21-2016; Ord. No. 08-21, 3-1-2021; Ord. No. 11-24, 4-8-2024)

A.

Purpose

The purpose of a Certificate of Occupancy is to ensure all buildings and structures comply with approved permits and with the provisions of this Code prior to use.

B.

Applicability

Certificates of Occupancy shall be required for any of the following:

1.

Occupancy and use of a building hereafter erected or structurally altered, except for agricultural purposes; or

2.

Any change in the use of a structure.

C.

Application

Certificate of Occupancy applications shall be submitted to Iredell County Building Standards the time an applicant requests final inspections, in conformance with the requirements of this code after a zoning clearance has been obtained from the City of Statesville.

D.

Content of Certificate of Occupancy

The Certificate of Occupancy shall state the structure, building and proposed use comply with all building codes, health regulations and ordinances, and the provisions of this Code. A record of all certificates shall be kept on file in the office of the Chief Building Inspector.

E.

Review Criteria

Prior to issuance of a Certificate of Occupancy, the Chief Building Inspector shall find the building, lot, and use:

1.

Comply with all adopted building codes, fire codes, electrical codes, mechanical codes and any other applicable codes;

2.

Conform to the approved plans and any conditions placed thereon;

3.

Successfully pass all required inspections, including:

a.

building;

b.

site;

c.

landscaping;

d.

parking; and

e.

drainage and stormwater detention, if required;

4.

Have been cleared of construction and site clearing debris.

F.

Decision Maker

The Chief Building Inspector shall approve, conditionally approve or deny all applications for Certificates of Occupancy.

G.

Issuance of a Certificate of Occupancy

The Certificate of Occupancy shall be issued within three (3) days after a final inspection.

H.

Issuance of a Temporary Certificate of Occupancy

The Chief Building Inspector may issue a Temporary Certificate of Occupancy (TCO) for a period not to exceed six (6) months, provided the applicant guarantees one hundred ten percent (110%) of the full cost of installation of all outstanding improvements with a bond, letter of credit or cash escrow. The applicant shall submit a written request for the TCO explaining the reasons for delay and the timetable for completion. The TCO shall not be construed, in any way, to alter the duties or obligations of the owners.

A.

Purpose

A temporary use permit shall be required to ensure that temporary structures and uses are built and operated in a manner that protects the public health, safety and welfare.

B.

Applicability

1.

No temporary use shall be authorized without first receiving an approved temporary use permit. The following uses may be permitted for a period of not more than sixty (60) days:

a.

Seasonal product sales.

b.

Circuses, carnivals, fairs and festivals.

c.

Evangelistic and religious related congregation.

d.

Other temporary recreational or entertainment related events or activities such as fairs or concerts.

e.

Similar temporary uses which, in the opinion of the Planning Director are compatible with the district and surrounding land uses.

2.

The following uses may be permitted for a period of not more than three hundred sixty (360) days and are renewable on an annual basis:

a.

Sales Offices and Model Homes.

b.

Construction field offices.

C.

Application

1.

The applicant shall file a completed application with the Planning Department in conformance with the requirements of this code.

2.

In addition to a completed application, the applicant shall submit a letter of intent outlining:

a.

The dates and operating hours of the proposed temporary use.

b.

Location of the use.

c.

Detailed description of the use.

d.

Name and contact information of the operator of the use.

e.

Traffic plan (if required).

f.

Any other information as reasonably determined by the Planning Director.

3.

All application and supporting materials shall be submitted at least thirty (30) days prior to the proposed activity date.

D.

Review Criteria

The Planning Director may approve an application for a temporary use permit upon finding that:

1.

Land Use Compatibility. The temporary use must be compatible with adjacent uses. The temporary use shall not impair the normal, safe, and effective operation of a permanent use on the same site. The temporary use shall not endanger or be materially detrimental to the public health, safety or welfare, or injurious to property or improvements in the immediate vicinity of the temporary use.

2.

Compliance with Other Regulations. A Building Permit or temporary Certificate of Occupancy may be required before any structure used in conjunction with the temporary use is constructed or modified. All structures and the site as a whole shall meet all applicable building code, Zoning District, and fire code standards. Upon cessation of the event or use, the site shall be returned to its previous condition (including the removal of all trash, debris, signage, or other evidence of the temporary use). If a tent is used for human occupancy, a certificate of insurance must be submitted which will cover liability on the part of the applicant or sponsor.

3.

Location. Seasonal sales shall not be authorized within public rights-of-way or required sight triangles.

4.

Traffic Circulation. The temporary use shall not create traffic safety hazards or cause undue traffic congestion.

5.

Off-Street Parking. Required off-street parking shall be provided and it shall not create a parking shortage for other existing uses on-site.

6.

Public Conveniences and Litter Control. Adequate on-site rest room facilities and solid waste containers may be required.

7.

Other Conditions. The Planning Director may impose additional conditions as necessary to ensure compliance with this Code.

E.

Decision Maker

The Planning Director shall approve, approve with conditions or deny all temporary use permit applications as an administrative decision.

F.

Validity

A temporary use permit shall be valid for the term approved by the Planning Director, provided such permit may not be granted for more than sixty (60) days, except for construction offices, sales offices and model homes, which may be authorized for up to one (1) year.

(Ord. No. 08-21, 3-1-2021)

A.

Purpose

A home occupation permit is required to ensure all home occupations are conducted in a safe manner without adverse affects on adjacent residences.

B.

Applicability

No person shall conduct a home occupation until a home occupation permit has been issued.

C.

Application

The applicant shall file a completed application with the Planning Department in conformance with the requirements of this code.

D.

Review Criteria

The Planning Department shall review the proposed home occupation for conformance with the standards established in Section 5.02 I.

E.

Decision Maker

The Planning Director shall approve, conditionally approve or deny all applications for home occupation permits as an administrative decision.

(Ord. No. 08-21, 3-1-2021)

A.

Purpose

Minor exceptions to the strict application of this Code may be granted to expedite the review of limited deviations from this Code that are consistent with the public health, safety and welfare.

B.

Redevelopment or Expansion of Existing Development

The Planning Director, may approve exceptions for the redevelopment, remodeling or expansion of existing sites after determining the strict application of standards cannot reasonably be accomplished on the site. These exceptions shall not apply to redevelopment of sites involving the removal of existing buildings.

1.

Required Findings:

a.

The applicant has provided sufficient information to evaluate the necessity of the exception and the impacts of the proposed design alternative; and

b.

Strict compliance with standards is not reasonably feasible, due to existing structures, required parking, or required setbacks; and

c.

The proposed exceptions are the minimum required to allow the proposed development; and

d.

The proposed exceptions result in greater compliance with standards, and greater compatibility with adjacent development than current development;

e.

The proposed exceptions result in retention of existing landscaping and/or tree preservation.

2.

Authorized Exceptions:

a.

Required landscaping may be reduced up to twenty percent (20%) below the requirement for new development, subject to payment of landscaping reduction mitigation fees;

b.

Required parking spaces may be reduced by up to ten percent (10%) of the required spaces;

c.

Parking angles, and parking space and aisle widths;

d.

Building setbacks may be reduced by up to twenty percent (20%).

C.

Infill Development

The Planning Director may approve exceptions for undeveloped sites and redevelopment of retail and office centers involving the removal of existing buildings.

1.

Required Findings:

a.

The applicant has provided sufficient information to evaluate the necessity of the exception and the impacts of the proposed design alternative; and

b.

Total proposed landscaped area and vegetation will be greater than required by ordinance; and

c.

The proposed exceptions result in greater compliance with standards and greater compatibility with adjacent development than current development.

2.

Authorized Exceptions:

a.

Required landscaping may be reallocated within the site;

b.

Required parking spaces may be reduced by up to ten percent (10%) of the required spaces;

c.

Building setbacks may be reduced by up to ten percent (10%).

A.

Purpose

A right-of-way or access permit shall be required for any development or use within a public right-of-way to ensure the use is conducted safely.

B.

Applicability

No structure shall be constructed and no use established within a public right-of-way without a permit.

C.

Application

The applicant shall file a completed application with the City Engineer in conformance with the requirements of this code.

D.

Review Criteria

The City Engineer and, when applicable, the NCDOT shall approve an application for right-of-way/access permit upon finding:

1.

the community or general area will not be negatively impacted in a substantial way;

2.

there is a community need for the proposed development, including the provision of access to private property and other public purposes;

3.

the proposed use will not negatively impact access, traffic circulation or natural hazard areas; and

4.

the proposed use is in conformance with the requirements of this Code and all applicable City policies.

E.

Decision Maker

The City Engineer shall approve, approve with conditions or deny all access permit applications as an administrative decision.

F.

Validity

The permit shall be valid for the term approved by the City Engineer, provided that if the structure is not constructed or the use is not established within six (6) months of issuance, the permit shall be void. The applicant shall notify the City Engineer at least twenty-four (24) hours prior to initiation and upon completion of any work subject to the permit.

(Ord. No. 08-21, 3-1-2021)

A.

Purpose

The purpose of the sign permit is to ensure all signs are safely constructed and comply with the provisions of this Code, applicable building codes and any other applicable regulations.

B.

Applicability

No person shall erect, place, locate or alter a non-exempt sign unless a sign permit has been issued by the Planning Director. A sign permit shall be required for all signs except as exempted by Section 6.07.

C.

Application

An applicant shall initiate site plan review by filing an application with the Planning Department in conformance with the requirements of this code.

D.

Review Criteria

All signs shall be designed and constructed in accordance with the requirements of the City's adopted building and electrical codes, applicable State standards and this Code.

E.

Decision Maker

The Planning Director shall approve, conditionally approve or deny approval of all sign permits, except in the CB, CBP and Municipal Service Districts, where Downtown Statesville Development Corporation approval shall be required prior to installation or modification of any sign as an administrative decision.

F.

Validity

The sign shall be completed within six (6) months of issuance of the permit. If construction of the sign has not been completed within six (6) months, the permit shall be void and a new sign application shall be required before work on the sign may continue. The sign permit shall be valid as long as the use and sign are in compliance with applicable codes.

(Ord. No. 08-21, 3-1-2021)

A.

Purpose

Site plan approval ensures the proposed development complies with this Code. Site plan review may also consider the siting of proposed construction and its impact on topography, vegetation, adjacent development, improvements in the immediate area and the site plan's conformance to the goals, objectives and policies of the Comprehensive Plan.

B.

Applicability

Site plan review shall be required for all new development and redevelopment other than detached single-family residences, duplexes and repairs of existing structures. No certificate of zoning compliance or building permit shall be issued for a development subject to site plan review until such site plan has been approved.

C.

Application and Procedure

A property owner or designated representative shall initiate site plan review by filing an application with the Planning Department in conformance with the requirements of this code. Site plans to be reviewed and approved by the Planning Director.

D.

Review Criteria

The following determinations shall be made by the decision-maker before approving a site plan:

1.

Conformance: Development of the site as proposed conforms to all requirements of this Code;

2.

Consistency: Development of the site is consistent with the Comprehensive Plan and other adopted planning policies and design guidelines; and

3.

Guarantees: Guarantees have been posted for required public improvements, landscaping, surfacing of parking and driveway area and/or other improvements per the approved plan if not constructed prior to issuance of a Certificate of Occupancy. Guarantees shall be provided and maintained in the amount one hundred twenty-five percent (125%) of the estimated costs as approved by the City Engineer. The construction guarantee shall be released when the City has accepted public improvements or completed final inspection of other improvements.

E.

Decision Maker

The Planning Director shall approve, approve with conditions, or deny approval of site plans, in conformance with the criteria established in this section as an administrative decision.

F.

Validity

1.

Time Limit: The approved site plan shall be kept on file by the City and shall expire one (1) year from the date of site plan approval, unless construction has commenced.

2.

Permit Life: Site plan approval shall be valid as long as the applicant retains a valid building permit or certificate of occupancy.

3.

Change of Ownership: Site plan approval shall run with the land and shall continue to be valid upon a change of ownership of the site or structure that was the subject of the application.

(Ord. No. 08-21, 3-1-2021)

A.

Purpose

It is the purpose of this ordinance to promote public health, safety, and general welfare and to minimize public and private losses due to flood conditions within flood prone areas by provisions designed to:

1.

restrict or prohibit uses that are dangerous to health, safety, and property due to water or erosion hazards or that result in damaging increases in erosion, flood heights or velocities;

2.

require that uses vulnerable to floods, including facilities that serve such uses, be protected against flood damage at the time of initial construction;

3.

control the alteration of natural floodplains, stream channels, and natural protective barriers, which are involved in the accommodation of floodwaters;

4.

control filling, grading, dredging, and all other development that may increase erosion or flood damage; and

5.

prevent or regulate the construction of flood barriers that will unnaturally divert flood waters or which may increase flood hazards to other lands.

B.

Applicability

This Section shall apply to all Special Flood Hazard Areas within the jurisdiction, including the Extra-Territorial Jurisdiction (ETJ) of the City of Statesville.

C.

Statutory Authorization

The Legislature of the State of North Carolina has in Part 6, Article 21 of Chapter 143; Chapter 160D, Articles 7, 9, 10 and 11 of the North Carolina General Statutes, delegated to local governmental units the responsibility to adopt regulations designed to promote the public health, safety, and general welfare.

D.

Findings of Fact

1.

The flood prone areas within the jurisdiction of the City of Statesville are subject to periodic inundation which results in loss of life, property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures of flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety, and general welfare.

2.

These flood losses are caused by the cumulative effect of obstructions in floodplains causing increases in flood heights and velocities and by the occupancy in flood prone areas of uses vulnerable to floods or other hazards.

E.

Objectives

The objectives of these provisions are to:

1.

protect human life, safety, and health;

2.

minimize expenditure of public money for costly flood control projects;

3.

minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public;

4.

minimize prolonged business losses and interruptions;

5.

minimize damage to public facilities and utilities (i.e. water and gas mains, electric, telephone, cable and sewer lines, streets, and bridges) that are located in flood prone areas;

6.

help maintain a stable tax base by providing for the sound use and development of flood prone areas; and

7.

ensure that potential buyers are aware that property is in a Special Flood Hazard Area.

F.

Definitions

Unless specifically defined below, words or phrases used in this Section shall be interpreted so as to give them the meaning they have in common usage and to give this Section its most reasonable application.

1.

"Accessory Structure (Appurtenant Structure)" means a structure located on the same parcel of property as the principal structure and the use of which is incidental to the use of the principal structure. Garages, carports and storage sheds are common urban accessory structures. Pole barns, hay sheds and the like qualify as accessory structures on farms, and may or may not be located on the same parcel as the farm dwelling or shop building.

2.

"Addition (to an existing building)" means an extension or increase in the floor area or height of a building or structure.

3.

"Appeal" means a request for a review of the Floodplain Administrator's interpretation of any provision of this ordinance.

4.

"Area of Special Flood Hazard" see "Special Flood Hazard Area (SFHA)".

5.

"Base Flood" means the flood having a one percent (1%) chance of being equaled or exceeded in any given year.

6.

"Base Flood Elevation (BFE)" means a determination of the water surface elevations of the base flood as published in the Flood Insurance Study. When the BFE has not been provided in a "Special Flood Hazard Area", it may be obtained from engineering studies available from a Federal, State, or other source using FEMA approved engineering methodologies. This elevation, when combined with the "Freeboard", establishes the "Regulatory Flood Protection Elevation".

7.

"Basement" means any area of the building having its floor subgrade (below ground level) on all sides.

8.

"Building" see "Structure".

9.

"Chemical Storage Facility" means a building, portion of a building, or exterior area adjacent to a building used for the storage of any chemical or chemically reactive products.

10.

"Development" means any man-made change to improved or unimproved real estate, including, but not limited to, buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations, or storage of equipment or materials.

11.

"Disposal" means, as defined in NCGS 130A-290(a)(6), the discharge, deposit, injection, dumping, spilling, leaking, or placing of any solid waste into or on any land or water so that the solid waste or any constituent part of the solid waste may enter the environment or be emitted into the air or discharged into any waters, including groundwaters.

12.

"Elevated Building" means a non-basement building which has its lowest elevated floor raised above ground level by foundation walls, shear walls, posts, piers, pilings, or columns.

13.

"Encroachment" means the advance or infringement of uses, fill, excavation, buildings, structures or development into a floodplain, which may impede or alter the flow capacity of a floodplain.

14.

"Existing Manufactured Home Park or Manufactured Home Subdivision" means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) was completed before the initial effective date of the floodplain management regulations adopted by the community.

15.

"Flood" or "Flooding" means a general and temporary condition of partial or complete inundation of normally dry land areas from:

(a)

the overflow of inland or tidal waters; and/or

(b)

the unusual and rapid accumulation of runoff of surface waters from any source.

16.

"Flood Boundary and Floodway Map (FBFM)" means an official map of a community, issued by the Federal Emergency Management Agency, on which the Special Flood Hazard Areas and the floodways are delineated. This official map is a supplement to and shall be used in conjunction with the Flood Insurance Rate Map (FIRM).

17.

"Flood Insurance" means the insurance coverage provided under the National Flood Insurance Program.

18.

"Flood Insurance Rate Map (FIRM)" means an official map of a community, issued by the Federal Emergency Management Agency, on which both the Special Flood Hazard Areas and the risk premium zones applicable to the community are delineated.

19.

"Flood Insurance Study (FIS)" means an examination, evaluation, and determination of flood hazards, corresponding water surface elevations (if appropriate), flood hazard risk zones, and other flood data in a community issued by the Federal Emergency Management Agency. The Flood Insurance Study report includes Flood Insurance Rate Maps (FIRMs) and Flood Boundary and Floodway Maps (FBFMs), if published.

20.

"Flood Prone Area" see "Floodplain"

21.

"Flood Zone" means a geographical area shown on a Flood Hazard Boundary Map or Flood Insurance Rate Map that reflects the severity or type of flooding in the area.

22.

"Floodplain" means any land area susceptible to being inundated by water from any source.

23.

"Floodplain Administrator" is the individual appointed to administer and enforce the floodplain management regulations.

24.

"Floodplain Development Permit" means any type of permit that is required in conformance with the provisions of this ordinance, prior to the commencement of any development activity.

25.

"Floodplain Management" means the operation of an overall program of corrective and preventive measures for reducing flood damage and preserving and enhancing, where possible, natural resources in the floodplain, including, but not limited to, emergency preparedness plans, flood control works, floodplain management regulations, and open space plans.

26.

"Floodplain Management Regulations" means this ordinance and other zoning ordinances, subdivision regulations, building codes, health regulations, special purpose ordinances, and other applications of police power. This term describes Federal, State or local regulations, in any combination thereof, which provide standards for preventing and reducing flood loss and damage.

27.

"Floodproofing" means any combination of structural and nonstructural additions, changes, or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitation facilities, structures, and their contents.

28.

"Floodway" means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one (1) foot.

29.

"Freeboard" means the height added to the Base Flood Elevation (BFE) to account for the many unknown factors that could contribute to flood heights greater that the height calculated for a selected size flood and floodway conditions, such as wave action, blockage of bridge openings, and the hydrological effect of urbanization of the watershed. The Base Flood Elevation plus the freeboard establishes the "Regulatory Flood Protection Elevation".

30.

"Functionally Dependent Facility" means a facility which cannot be used for its intended purpose unless it is located in close proximity to water, limited to a docking or port facility necessary for the loading and unloading of cargo or passengers, shipbuilding, or ship repair. The term does not include long-term storage, manufacture, sales, or service facilities.

31.

"Hazardous Waste Management Facility" means, as defined in NCGS 130A, Article 9, a facility for the collection, storage, processing, treatment, recycling, recovery, or disposal of hazardous waste.

32.

"Highest Adjacent Grade (HAG)" means the highest natural elevation of the ground surface, prior to construction, immediately next to the proposed walls of the structure.

33.

"Historic Structure" means any structure that is:

(a)

listed individually in the National Register of Historic Places (a listing maintained by the US Department of Interior) or preliminarily determined by the Secretary of Interior as meeting the requirements for individual listing on the National Register;

(b)

certified or preliminarily determined by the Secretary of Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district;

(c)

individually listed on a local inventory of historic landmarks in communities with a "Certified Local Government (CLG) Program"; or

(d)

certified as contributing to the historical significance of a historic district designated by a community with a "Certified Local Government (CLG) Program".

Certified Local Government (CLG) Programs are approved by the US Department of the Interior in cooperation with the North Carolina Department of Cultural Resources through the State Historic Preservation Officer as having met the requirements of the National Historic Preservation Act of 1966 as amended in 1980.

34.

"Lowest Adjacent Grade (LAG)" means the elevation of the ground, sidewalk or patio slab immediately next to the building, or deck support, after completion of the building.

35.

"Lowest Floor" means the lowest floor of the lowest enclosed area (including basement). An unfinished or flood resistant enclosure, usable solely for parking of vehicles, building access, or limited storage in an area other than a basement area is not considered a building's lowest floor, provided that such an enclosure is not built so as to render the structure in violation of the applicable non-elevation design requirements of this ordinance.

36.

"Manufactured Home" means a structure, transportable in one (1) or more sections, which is built on a permanent chassis and designed to be used with or without a permanent foundation when connected to the required utilities. The term "manufactured home" does not include a "recreational vehicle".

37.

"Manufactured Home Park or Subdivision" means a parcel (or contiguous parcels) of land divided into two (2) or more manufactured home lots for rent or sale.

38.

"Market Value" means the building value, not including the land value and that of any accessory structures or other improvements on the lot. Market value may be established by independent certified appraisal; replacement cost depreciated for age of building and quality of construction (Actual Cash Value); or adjusted tax assessed values.

39.

"Mean Sea Level" means, for purposes of this ordinance, the National Geodetic Vertical Datum (NGVD) as corrected in 1929, the North American Vertical Datum (NAVD) as corrected in 1988, or other vertical control datum used as a reference for establishing varying elevations within the floodplain, to which Base Flood Elevations (BFEs) shown on a FIRM are referenced. Refer to each FIRM panel to determine datum used.

40.

"New Construction" means structures for which the "start of construction" commenced on or after the effective date of the initial floodplain management regulations and includes any subsequent improvements to such structures.

41.

"Non-Encroachment Area" means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one (1) foot as designated in the Flood Insurance Study report.

42.

"Post-FIRM" means construction or other development for which the "start of construction" occurred on or after the effective date of the initial Flood Insurance Rate Map.

43.

"Pre-FIRM" means construction or other development for which the "start of construction" occurred before the effective date of the initial Flood Insurance Rate Map.

44.

"Principally Above Ground" means that at least fifty-one percent (51%) of the actual cash value of the structure is above ground.

45.

"Public Safety" and/or "Nuisance" means anything which is injurious to the safety or health of an entire community or neighborhood, or any considerable number of persons, or unlawfully obstructs the free passage or use, in the customary manner, of any navigable lake, or river, bay, stream, canal, or basin.

46.

"Recreational Vehicle (RV)" means a vehicle, which is:

(a)

built on a single chassis;

(b)

400 square feet or less when measured at the largest horizontal projection;

(c)

designed to be self-propelled or permanently towable by a light duty truck; and

(d)

designed primarily not for use as a permanent dwelling, but as temporary living quarters for recreational, camping, travel, or seasonal use.

47.

"Reference Level" is the top of the lowest floor for structures within Special Flood Hazard Areas designated as Zone A1-A30, AE, A, or A99.

48.

"Regulatory Flood Protection Elevation" means the "Base Flood Elevation" plus the "Freeboard". In "Special Flood Hazard Areas" where Base Flood Elevations (BFEs) have been determined, this elevation shall be the BFE plus one (1) foot of freeboard for residential construction and BFE for non-residential construction. In "Special Flood Hazard Areas" where no BFE has been established, this elevation shall be at least one (1) foot above the highest adjacent grade for residential structures and at highest adjacent grade for non-residential structures. No structures are allowed below the BFE or below the highest adjacent grade.

49.

"Remedy a Violation" means to bring the structure or other development into compliance with State and community floodplain management regulations, or, if this is not possible, to reduce the impacts of its noncompliance. Ways that impacts may be reduced include protecting the structure or other affected development from flood damages, implementing the enforcement provisions of the ordinance or otherwise deterring future similar violations, or reducing Federal financial exposure with regard to the structure or other development.

50.

"Riverine" means relating to, formed by, or resembling a river (including tributaries), stream, brook, etc.

51.

"Salvage Yard" means any non-residential property used for the storage, collection, and/or recycling of any type of equipment, and including but not limited to vehicles, appliances and related machinery.

52.

"Solid Waste Disposal Facility" means any facility involved in the disposal of solid waste, as defined in NCGS 130A-290(a)(35).

53.

"Solid Waste Disposal Site" means, as defined in NCGS 130A-290(a)(36), any place at which solid wastes are disposed of by incineration, sanitary landfill, or any other method.

54.

"Special Flood Hazard Area (SFHA)" means the land in the floodplain subject to a one percent (1%) or greater chance of being flooded in any given year, as determined in this Section.

55.

"Start of Construction" includes substantial improvement, and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition placement, or other improvement was within one hundred eighty (180) days of the permit date. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading, and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of the building, whether or not that alteration affects the external dimensions of the building.

56.

"Structure" means a walled and roofed building, a manufactured home, or a gas, liquid, or liquefied gas storage tank that is principally above ground.

57.

"Substantial Damage" means damage of any origin sustained by a structure during any one-year period whereby the cost of restoring the structure to its before damaged condition would equal or exceed fifty percent (50%) of the market value of the structure before the damage occurred. See definition of "substantial improvement".

58.

"Substantial Improvement" means any combination of repairs, reconstruction, rehabilitation, addition, or other improvement of a structure, taking place during any one-year period for which the cost equals or exceeds fifty percent (50%) of the market value of the structure before the "start of construction" of the improvement. This term includes structures which have incurred "substantial damage", regardless of the actual repair work performed. The term does not, however, include either:

(a)

any correction of existing violations of State or community health, sanitary, or safety code specifications which have been identified by the community code enforcement official and which are the minimum necessary to assure safe living conditions; or

(b)

any alteration of a historic structure, provided that the alteration will not preclude the structure's continued designation as a historic structure.

59.

"Variance" is a grant of relief from the requirements of this ordinance.

60.

"Violation" means the failure of a structure or other development to be fully compliant with the community's floodplain management regulations. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in Articles 3 and 4 is presumed to be in violation until such time as that documentation is provided.

61.

"Water Surface Elevation (WSE)" means the height, in relation to mean sea level, of floods of various magnitudes and frequencies in the floodplains of coastal or riverine areas.

62.

"Watercourse" means a lake, river, creek, stream, wash, channel or other topographic feature on or over which waters flow at least periodically. Watercourse includes specifically designated areas in which substantial flood damage may occur.

G.

Basis for Establishing the Special Flood Hazard Areas

The Special Flood Hazard Areas are those identified under the Cooperating Technical State (CTS) agreement between the State of North Carolina and FEMA in its Flood Insurance Study (FIS) and its accompanying Flood Insurance Rate Maps (FIRM) and associated DFIRM panels, for Iredell County dated March 18, 2008, which are adopted by reference and declared to be a part of this ordinance and all revisions thereto. The initial Flood Insurance Rate Maps are as follows for the jurisdictional areas at the initial date: Iredell County Unincorporated Area, dated May 15, 1980, and City of Statesville, dated September 28, 1979.

H.

Establishment of Floodplain Development Permit

A Floodplain Development Permit shall be required in conformance with the provisions of this ordinance prior to the commencement of any development activities within Special Flood Hazard Areas determined in accordance with the provisions of this Section.

I.

Compliance

No structure or land shall hereafter be located, extended, converted, altered, or developed in any way without full compliance with the terms of this ordinance and other applicable regulations.

J.

Abrogation and Greater Restrictions

This ordinance is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this ordinance and another conflict or overlap, whichever imposes the more stringent restrictions shall prevail.

K.

Interpretation

In the interpretation and application of this Section, all provisions shall be:

(a)

considered as minimum requirements;

(b)

liberally construed in favor of the governing body; and

(c)

deemed neither to limit nor repeal any other powers granted under State statutes.

L.

Warning and Disclaimer of Liability

The degree of flood protection required by this ordinance is considered reasonable for regulatory purposes and is based on scientific and engineering consideration. Larger floods can and will occur. Actual flood heights may be increased by man-made or natural causes. This ordinance does not imply that land outside the Special Flood Hazard Areas or uses permitted within such areas will be free from flooding or flood damages. This ordinance shall not create liability on the part of the City of Statesville or by any officer or employee thereof for any flood damages that result from reliance on this ordinance or any administrative decision lawfully made hereunder.

M.

Penalties for Violation

Violation of the provisions of this Section or failure to comply with any of its requirements, including violation of conditions and safeguards established in connection with grants of variance or special exceptions, shall constitute a misdemeanor. Any person who violates this Section or fails to comply with any of its requirements shall, upon conviction thereof, be fined not more than $50.00 or imprisoned for not more than thirty (30) days, or both. Each day such violation continues shall be considered a separate offense. Nothing herein contained shall prevent the City of Statesville from taking such other lawful action as is necessary to prevent or remedy any violation.

N.

Designation of Floodplain Administrator

The City Manager or his/her designee, hereinafter referred to as the "Floodplain Administrator", is hereby appointed to administer and implement the provisions of this ordinance.

O.

Floodplain Development Application, Permit and Certification Requirements

1.

Application Requirements. Application for a Floodplain Development Permit shall be made to the Floodplain Administrator prior to any development activities located within Special Flood Hazard Areas. The following items shall be presented to the Floodplain Administrator to apply for a floodplain development permit:

(a)

A plot plan drawn to scale which shall include, but shall not be limited to, the following specific details of the proposed floodplain development:

(i)

the nature, location, dimensions, and elevations of the area of development/disturbance; existing and proposed structures, utility systems, grading/pavement areas, fill materials, storage areas, drainage facilities, and other development;

(ii)

the boundary of the Special Flood Hazard Area as delineated on the FIRM or other flood map as determined, or a statement that the entire lot is within the Special Flood Hazard Area;

(iii)

flood zone(s) designation of the proposed development area as determined on the FIRM or other flood map;

(iv)

the boundary of the floodway(s) or non-encroachment area(s) as determined in Article 2, Section 2.25 G;

(v)

the Base Flood Elevation (BFE) where provided;

(vi)

the old and new location of any watercourse that will be altered or relocated as a result of proposed development; and

(vii)

the certification of the plot plan by a registered land surveyor or professional engineer.

(b)

Proposed elevation, and method thereof, of all development within a Special Flood Hazard Area including but not limited to:

(i)

Elevation in relation to mean sea level of the proposed reference level (including basement) of all structures;

(ii)

Elevation in relation to mean sea level to which any non-residential structure in Zone AE or A will be flood-proofed; and

(iii)

Elevation in relation to mean sea level to which any proposed utility systems will be elevated or floodproofed.

(c)

If floodproofing, a Floodproofing Certificate (FEMA Form 81-65) with supporting data and an operational plan that includes, but is not limited to, installation, exercise, and maintenance of floodproofing measures.

(d)

A Foundation Plan, drawn to scale, which shall include details of the proposed foundation system to ensure all provisions of this ordinance are met. These details include but are not limited to:

(i)

The proposed method of elevation, if applicable (i.e., fill, solid foundation perimeter wall, solid backfilled foundation, open foundation on columns/posts/piers/piles/shear walls);

(ii)

Openings to facilitate automatic equalization of hydrostatic flood forces on walls in accordance with this Section when solid foundation perimeter walls are used in Zones A, AE, and A1-30.

(e)

Usage details of any enclosed areas below the lowest floor.

(f)

Plans and/or details for the protection of public utilities and facilities such as sewer, gas, electrical, and water systems to be located and constructed to minimize flood damage.

(g)

Certification that all other Local, State and Federal permits required prior to floodplain development permit issuance have been received.

(h)

Documentation for placement of Recreational Vehicles and/or Temporary Structures, when applicable, to ensure that the provisions of Section 2.25 T, subsections (6) and (7) of this ordinance are met.

(i)

A description of proposed watercourse alteration or relocation, when applicable, including an engineering report on the effects of the proposed project on the flood-carrying capacity of the watercourse and the effects to properties located both upstream and downstream; and a map (if not shown on plot plan) showing the location of the proposed watercourse alteration or relocation.

2.

Permit Requirements. The Floodplain Development Permit shall include, but not be limited to:

(a)

A description of the development to be permitted under the floodplain development permit.

(b)

The Special Flood Hazard Area determination for the proposed development in accordance with available data specified in this Section.

(c)

The regulatory flood protection elevation required for the reference level and all attendant utilities.

(d)

The regulatory flood protection elevation required for the protection of all public utilities.

(e)

All certification submittal requirements with timelines.

(f)

A statement that no fill material or other development shall encroach into the floodway or non-encroachment area of any watercourse, as applicable as long as no rise is demonstrated.

(g)

The flood openings requirements, if in Zones A, AE or A1-30.

3.

Certification Requirements.

(a)

Elevation Certificates.

(i)

An Elevation Certificate (FEMA Form 81-31) is required prior to the actual start of any new construction. It shall be the duty of the permit holder to submit to the Floodplain Administrator a certification of the elevation of the reference level, in relation to mean sea level. The Floodplain Administrator shall review the certificate data submitted. Deficiencies detected by such review shall be corrected by the permit holder prior to the beginning of construction. Failure to submit the certification or failure to make required corrections shall be cause to deny a floodplain development permit.

(ii)

A final as-built Elevation Certificate (FEMA Form 81-31) is required after construction is completed and prior to Certificate of Compliance/Occupancy issuance. It shall be the duty of the permit holder to submit to the Floodplain Administrator a certification of final as-built construction of the elevation of the reference level and all attendant utilities. The Floodplain Administrator shall review the certificate data submitted. Deficiencies detected by such review shall be corrected by the permit holder immediately and prior to Certificate of Compliance/Occupancy issuance. In some instances, another certification may be required to certify corrected as-built construction. Failure to submit the certification or failure to make required corrections shall be cause to withhold the issuance of a Certificate of Compliance/Occupancy.

(b)

Floodproofing Certificate. If non-residential floodproofing is used to meet the regulatory flood protection elevation requirements, a Floodproofing Certificate (FEMA Form 81-65), with supporting data, an operational plan, and an inspection and maintenance plan are required prior to the actual start of any new construction. It shall be the duty of the permit holder to submit to the Floodplain Administrator a certification of the floodproofed design elevation of the reference level and all attendant utilities, in relation to mean sea level. Floodproofing certification shall be prepared by or under the direct supervision of a professional engineer or architect and certified by same. The Floodplain Administrator shall review the certificate data, the operational plan, and the inspection and maintenance plan. Deficiencies detected by such review shall be corrected by the applicant prior to permit approval. Failure to submit the certification or failure to make required corrections shall be cause to deny a floodplain development permit. Failure to construct in accordance with the certified design shall be cause to withhold the issuance of a Certificate of Compliance/Occupancy.

(c)

If a manufactured home is placed within Zone A, AE, or A1-30 and the elevation of the chassis is more than thirty-six (36) inches in height above grade, an engineered foundation certification is required in accordance with this section.

(d)

If a watercourse is to be altered or relocated, a description of the extent of watercourse alteration or relocation; a professional engineer's certified report on the effects of the proposed project on the flood-carrying capacity of the watercourse and the effects to properties located both upstream and downstream; and a map showing the location of the proposed watercourse alteration or relocation shall all be submitted by the permit applicant prior to issuance of a floodplain development permit.

(e)

Certification Exemptions. The following structures, if located within Zone A, AE or A1-30, are exempt from the elevation/floodproofing certification requirements specified in items (a) and (b) of this subsection:

(i)

Recreational Vehicles meeting requirements of this Section;

(ii)

Temporary Structures meeting requirements this Section; and

(iii)

Accessory Structures less than one hundred fifty (150) square feet meeting requirements of this Section.

P.

Duties and Responsibilities of the Floodplain Administrator

The Floodplain Administrator shall perform, but not be limited to, the following duties:

1.

Review all floodplain development applications and issue permits for all proposed development within Special Flood Hazard Areas to assure that the requirements of this ordinance have been satisfied.

2.

Review all proposed development within Special Flood Hazard Areas to assure that all necessary Local, State and Federal permits have been received.

3.

Notify adjacent communities and the North Carolina Department of Crime Control and Public Safety, Division of Emergency Management, State Coordinator for the National Flood Insurance Program prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Emergency Management Agency (FEMA).

4.

Assure that maintenance is provided within the altered or relocated portion of said watercourse so that the flood-carrying capacity is maintained.

5.

Prevent encroachments into floodways and non-encroachment areas unless the certification and flood hazard reduction provisions of this Section are met.

6.

Obtain actual elevation (in relation to mean sea level) of the reference level (including basement) and all attendant utilities of all new and substantially improved structures, in accordance with the provisions of this Section.

7.

Obtain actual elevation (in relation to mean sea level) to which all new and substantially improved structures and utilities have been floodproofed, in accordance with the provisions of this Section.

8.

Obtain actual elevation (in relation to mean sea level) of all public utilities in accordance with the provisions of this Section.

9.

When floodproofing is utilized for a particular structure, obtain certifications from a registered professional engineer or architect in accordance with the provisions of this Section.

10.

Where interpretation is needed as to the exact location of boundaries of the Special Flood Hazard Areas, floodways, or non-encroachment areas (for example, where there appears to be a conflict between a mapped boundary and actual field conditions), make the necessary interpretation. The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in this article.

11.

When Base Flood Elevation (BFE) data has not been provided in accordance with Section 2.24 G, obtain, review, and reasonably utilize any Base Flood Elevation (BFE) data, along with floodway data or non-encroachment area data available from a Federal, State, or other source, including data developed pursuant to the provisions of this Section, in order to administer the provisions of this ordinance.

12.

When Base Flood Elevation (BFE) data is provided but no floodway or non-encroachment area data has been provided in accordance with the provisions of Section 2.25 G, obtain, review, and reasonably utilize any floodway data or non-encroachment area data available from a Federal, State, or other source in order to administer the provisions of this ordinance.

13.

When the lowest floor and the lowest adjacent grade of a structure or the lowest ground elevation of a parcel in a Special Flood Hazard Area is above the Base Flood Elevation, advise the property owner of the option to apply for a Letter of Map Amendment (LOMA) from FEMA. Maintain a copy of the Letter of Map Amendment (LOMA) issued by FEMA in the floodplain development permit file.

14.

Permanently maintain all records that pertain to the administration of this ordinance and make these records available for public inspection, recognizing that such information may be subject to the Privacy Act of 1974, as amended.

15.

Make on-site inspections of work in progress. As the work pursuant to a floodplain development permit progresses, the Floodplain Administrator shall make as many inspections of the work as may be necessary to ensure that the work is being done according to the provisions of the local ordinance and the terms of the permit. In exercising this power, the Floodplain Administrator has a right, upon presentation of proper credentials, to enter on any premises within the jurisdiction of the community at any reasonable hour for the purposes of inspection or other enforcement action.

16.

Issue stop-work orders as required. Whenever a building or part thereof is being constructed, reconstructed, altered, or repaired in violation of this ordinance, the Floodplain Administrator may order the work to be immediately stopped. The stop-work order shall be in writing and directed to the person doing or in charge of the work. The stop-work order shall state the specific work to be stopped, the specific reason(s) for the stoppage, and the condition(s) under which the work may be resumed. Violation of a stop-work order constitutes a misdemeanor.

17.

Revoke floodplain development permits as required. The Floodplain Administrator may revoke and require the return of the floodplain development permit by notifying the permit holder in writing stating the reason(s) for the revocation, and by following the same development review and approval process required for the issuance of the approval, including any required notice or hearing. Permits shall be revoked for any substantial departure from the approved application, plans, and specifications; for refusal or failure to comply with the requirements of State or local laws; or for false statements or misrepresentations made in securing the permit. Any floodplain development permit mistakenly issued in violation of an applicable State or local law may also be revoked.

18.

Make periodic inspections throughout the special flood hazard areas within the jurisdiction of the community. The Floodplain Administrator and each member of his or her inspections department shall have a right, upon presentation of proper credentials, to enter on any premises within the territorial jurisdiction of the department at any reasonable hour for the purposes of inspection or other enforcement action.

19.

Follow through with corrective procedures of this Section.

20.

Review, provide input, and make recommendations for variance requests.

21.

Maintain a current map repository to include, but not limited to, the FIS Report, FIRM and other official flood maps and studies adopted in accordance with the provisions of Section 2.25 G. of this ordinance, including any revisions thereto including Letters of Map Change, issued by FEMA. Notify State and FEMA of mapping needs.

22.

Coordinate revisions to FIS reports and FIRMs, including Letters of Map Revision Based on Fill (LOMR-F) and Letters of Map Revision (LOMR).

Q.

Corrective Procedures

1.

Violations to be Corrected: When the Floodplain Administrator finds violations of applicable State and local laws, it shall be his or her duty to notify the owner or occupant of the building of the violation. The owner or occupant shall immediately remedy each of the violations of law cited in such notification.

2.

Actions in Event of Failure to Take Corrective Action: If the owner of a building or property shall fail to take prompt corrective action, the Floodplain Administrator shall give the owner written notice, by certified or registered mail to the owner's last known address or by personal service, stating:

(a)

that the building or property is in violation of the floodplain management regulations;

(b)

that a hearing will be held before the Floodplain 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 Floodplain Administrator may issue an order to alter, vacate, or demolish the building; or to remove fill as applicable.

3.

Order to Take Corrective Action: If, upon a hearing held pursuant to the notice prescribed above, the Floodplain Administrator shall find that the building or development is in violation of the Flood Damage Prevention Ordinance, they shall issue an order in writing to the owner, requiring the owner to remedy the violation within a specified time period, not less than sixty (60) calendar days, nor more than one hundred eighty (180) calendar days. Where the Floodplain Administrator finds that there is imminent danger to life or other property, they may order that corrective action be taken in such lesser period as may be feasible.

4.

Appeal: Any owner who has received an order to take corrective action may appeal the order to the local elected governing body by giving notice of appeal in writing to the Floodplain Administrator and the clerk within ten (10) days following issuance of the final order. In the absence of an appeal, the order of the Floodplain Administrator shall be final. The local governing body shall hear an appeal within a reasonable time and may affirm, modify and affirm, or revoke the order.

5.

Failure to Comply with Order: If the owner of a building or property fails to comply with an order to take corrective action for which no appeal has been made or fails to comply with an order of the governing body following an appeal, the owner shall be guilty of a misdemeanor and shall be punished at the discretion of the court.

R.

Variance Procedures

1.

The Board of Adjustment as established by the City of Statesville, hereinafter referred to as the "appeal board", shall hear and decide requests for variances from the requirements of this ordinance.

2.

Any person aggrieved by the decision of the appeal board may appeal such decision to the Court, as provided in Chapter 7A of the North Carolina General Statutes.

3.

Variances may be issued for:

(a)

the repair or rehabilitation of historic structures upon the determination that the proposed repair or rehabilitation will not preclude the structure's continued designation as a historic structure and that the variance is the minimum necessary to preserve the historic character and design of the structure;

(b)

functionally dependent facilities if determined to meet the definition as stated in Article 1 of this ordinance, provided provisions of Section 2.25 R.9. (b), (c), and (e) have been satisfied, and such facilities are protected by methods that minimize flood damages during the base flood and create no additional threats to public safety; or

(c)

any other type of development, provided it meets the requirements of this Section.

4.

In passing upon variances, the appeal board shall consider all technical evaluations, all relevant factors, all standards specified in other sections of this ordinance, and:

(a)

the danger that materials may be swept onto other lands to the injury of others;

(b)

the danger to life and property due to flooding or erosion damage;

(c)

the susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner;

(d)

the importance of the services provided by the proposed facility to the community;

(e)

the necessity to the facility of a waterfront location as defined in this ordinance, as a functionally dependent facility, where applicable;

(f)

the availability of alternative locations, not subject to flooding or erosion damage, for the proposed use;

(g)

the compatibility of the proposed use with existing and anticipated development;

(h)

the relationship of the proposed use to the comprehensive plan and floodplain management program for that area;

(i)

the safety of access to the property in times of flood for ordinary and emergency vehicles;

(j)

the expected heights, velocity, duration, rate of rise, and sediment transport of the floodwaters and the effects of wave action, if applicable, expected at the site; and

(k)

the costs of providing governmental services during and after flood conditions including maintenance and repair of public utilities and facilities such as sewer, gas, electrical and water systems, and streets and bridges.

5.

A written report addressing each of the above factors shall be submitted with the application for a variance.

6.

Upon consideration of the factors listed above and the purposes of this ordinance, the appeal board may attach such conditions to the granting of variances as it deems necessary to further the purposes and objectives of this ordinance.

7.

Any applicant to whom a variance is granted shall be given written notice specifying the difference between the Base Flood Elevation (BFE) and the elevation to which the structure is to be built and that such construction below the Base Flood Elevation increases risks to life and property, and that the issuance of a variance to construct a structure below the Base Flood Elevation will result in increased premium rates for flood insurance up to $25.00 per $100.00 of insurance coverage. Such notification shall be maintained with a record of all variance actions, including justification for their issuance.

8.

The Floodplain Administrator shall maintain the records of all appeal actions and report any variances to the Federal Emergency Management Agency and the State of North Carolina upon request.

9.

Conditions for Variances:

(a)

Variances shall not be issued when the variance will make the structure in violation of other Federal, State, or local laws, regulations, or ordinances.

(b)

Variances shall not be issued within any designated floodway or non-encroachment area if the variance would result in any increase in flood levels during the base flood discharge.

(c)

Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.

(d)

Variances shall only be issued prior to development permit approval.

(e)

Variances shall only be issued upon:

(i)

a showing of good and sufficient cause;

(ii)

a determination that failure to grant the variance would result in exceptional hardship; and

(iii)

a determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, or extraordinary public expense, create nuisance, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances.

10.

A variance may be issued for solid waste disposal facilities or sites, hazardous waste management facilities, salvage yards, and chemical storage facilities that are located in Special Flood Hazard Areas provided that all of the following conditions are met.

(a)

The use serves a critical need in the community.

(b)

No feasible location exists for the use outside the Special Flood Hazard Area.

(c)

The reference level of any structure is elevated or floodproofed to at least the regulatory flood protection elevation.

(d)

The use complies with all other applicable Federal, State and local laws.

(e)

The City of Statesville has notified the Secretary of the North Carolina Department of Crime Control and Public Safety of its intention to grant a variance at least thirty (30) calendar days prior to granting the variance.

S.

General Standards

In all Special Flood Hazard Areas the following provisions are required:

1.

All new construction and substantial improvements shall be designed (or modified) and adequately anchored to prevent flotation, collapse, and lateral movement of the structure.

2.

All new construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage.

3.

All new construction and substantial improvements shall be constructed by methods and practices that minimize flood damages.

4.

Electrical, heating, ventilation, plumbing, air conditioning equipment, and other service facilities shall be designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding to the regulatory flood protection elevation. These include, but are not limited to, HVAC equipment, water softener units, bath/kitchen fixtures, ductwork, electric/gas meter panels/boxes, utility/cable boxes, hot water heaters, and electric outlets/switches.

5.

All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of floodwaters into the system.

6.

New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of floodwaters into the systems and discharges from the systems into flood waters.

7.

On-site waste disposal systems shall be located and constructed to avoid impairment to them or contamination from them during flooding.

8.

Any alteration, repair, reconstruction, or improvements to a structure, which is in compliance with the provisions of this ordinance, shall meet the requirements of "new construction" as contained in this ordinance.

9.

Nothing in this ordinance shall prevent the repair, reconstruction, or replacement of a building or structure existing on the effective date of this ordinance and located totally or partially within the floodway, non-encroachment area, or stream setback, provided there is no additional encroachment below the regulatory flood protection elevation in the floodway, non-encroachment area, or stream setback, and provided that such repair, reconstruction, or replacement meets all of the other requirements of this ordinance.

10.

New solid waste disposal facilities and sites, hazardous waste management facilities, salvage yards, and chemical storage facilities shall not be permitted, except by variance as specified in this Section). A structure or tank for chemical or fuel storage incidental to an allowed use or to the operation of a water treatment plant or wastewater treatment facility may be located in a Special Flood Hazard Area only if the structure or tank is either elevated or floodproofed to at least the regulatory flood protection elevation and certified in accordance with the provisions of this Section.

11.

All subdivision proposals and other development proposals shall be consistent with the need to minimize flood damage.

12.

All subdivision proposals and other development proposals shall have public utilities and facilities such as sewer, gas, electrical, and water systems located and constructed to minimize flood damage.

13.

All subdivision proposals and other development proposals shall have adequate drainage provided to reduce exposure to flood hazards.

14.

All subdivision proposals and other development proposals shall have received all necessary permits from those governmental agencies for which approval is required by Federal or State law, including Section 404 of the Federal Water Pollution Control Act Amendments of 1972, 33 U.S.C. 1334.

15.

When a structure is partially located in a special flood hazard area, the entire structure shall meet the requirements for new construction and substantial improvements.

16.

When a structure is located in multiple flood hazard zones or in a flood hazard risk zone with multiple base flood elevations, the provisions for the more restrictive flood hazard risk zone and the highest base flood elevation shall apply.

T.

Specific Standards

In all Special Flood Hazard Areas where Base Flood Elevation (BFE) data has been provided, as set forth in this Section, the following provisions, in addition to the provisions of this Section, are required:

1.

Residential Construction. New construction and substantial improvement of any residential structure (including manufactured homes) shall have the reference level, including basement, elevated no lower than the regulatory flood protection elevation, as defined in this Section.

2.

Non-Residential Construction. New construction and substantial improvement of any commercial, industrial, or other non-residential structure shall have the reference level, including basement, elevated no lower than the regulatory flood protection elevation, as defined in this ordinance. Structures located in A, AE, and A1-30 Zones may be floodproofed to the regulatory flood protection elevation instead of elevating the structure above the regulatory flood protection elevation provided that all areas of the structure, together with attendant utility and sanitary facilities, below the regulatory flood protection elevation are watertight with walls substantially impermeable to the passage of water, using structural components having the capability of resisting hydrostatic and hydrodynamic loads and the effect of buoyancy. A registered professional engineer or architect shall certify that the standards of this subsection are satisfied. Such certification shall be provided to the Floodplain Administrator as set forth in this Section, along with the operational and maintenance plans.

3.

Manufactured Homes.

(a)

New and replacement manufactured homes shall be elevated so that the reference level of the manufactured home is no lower than the regulatory flood protection elevation, as defined in this Section.

(b)

Manufactured homes shall be securely anchored to an adequately anchored foundation to resist flotation, collapse, and lateral movement, either by certified engineered foundation system, or in accordance with the most current edition of the State of North Carolina Regulations for Manufactured Homes adopted by the Commissioner of Insurance pursuant to NCGS 143-143.15. Additionally, when the elevation would be met by an elevation of the chassis thirty-six (36) inches or less above the grade at the site, the chassis shall be supported by reinforced piers or engineered foundation. When the elevation of the chassis is above thirty-six (36) inches in height, an engineering certification is required.

(c)

All enclosures or skirting below the lowest floor shall meet the requirements of this Section.

(d)

An evacuation plan must be developed for evacuation of all residents of all new, substantially improved or substantially damaged manufactured home parks or subdivisions located within flood prone areas. This plan shall be filed with and approved by the Floodplain Administrator and the local Emergency Management coordinator.

4.

Elevated Buildings. Fully enclosed area, of new construction and substantially improved structures, which is below the lowest floor:

(a)

shall not be designed or used for human habitation, but shall only be used for parking of vehicles, building access, or limited storage of maintenance equipment used in connection with the premises. Access to the enclosed area shall be the minimum necessary to allow for parking of vehicles (garage door) or limited storage of maintenance equipment (standard exterior door), or entry to the living area (stairway or elevator). The interior portion of such enclosed area shall not be finished or partitioned into separate rooms, except to enclose storage areas;

(b)

shall be constructed entirely of flood resistant materials at least to the regulatory flood protection elevation; and

(c)

shall include, in Zones A, AE, and A1-30, flood openings to automatically equalize hydrostatic flood forces on walls by allowing for the entry and exit of floodwaters. To meet this requirement, the openings must either be certified by a professional engineer or architect or meet or exceed the following minimum design criteria:

(i)

A minimum of two (2) flood openings on different sides of each enclosed area subject to flooding;

(ii)

The total net area of all flood openings must be at least one (1) square inch for each square foot of enclosed area subject to flooding;

(iii)

If a building has more than one (1) enclosed area, each enclosed area must have flood openings to allow floodwaters to automatically enter and exit;

(iv)

The bottom of all required flood openings shall be no higher than one (1) foot above the adjacent grade;

(v)

Flood openings may be equipped with screens, louvers, or other coverings or devices, provided they permit the automatic flow of floodwaters in both directions; and

(vi)

Enclosures made of flexible skirting are not considered enclosures for regulatory purposes, and, therefore, do not require flood openings. Masonry or wood underpinning, regardless of structural status, is considered an enclosure and requires flood openings as outlined above.

5.

Additions/Improvements.

(a)

Additions and/or improvements to pre-FIRM structures when the addition and/or improvements in combination with any interior modifications to the existing structure are:

(i)

not a substantial improvement, the addition and/or improvements must be designed to minimize flood damages and must not be any more non-conforming than the existing structure.

(ii)

a substantial improvement, both the existing structure and the addition and/or improvements must comply with the standards for new construction.

(b)

Additions to post-FIRM structures with no modifications to the existing structure other than a standard door in the common wall shall require only the addition to comply with the standards for new construction.

(c)

Additions and/or improvements to post-FIRM structures when the addition and/or improvements in combination with any interior modifications to the existing structure are:

(i)

not a substantial improvement, the addition and/or improvements only must comply with the standards for new construction.

(ii)

a substantial improvement, both the existing structure and the addition and/or improvements must comply with the standards for new construction.

6.

Recreational Vehicles. Recreational vehicles shall either:

(a)

be on site for fewer than one hundred eighty (180) consecutive days and be fully licensed and ready for highway use (a recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick disconnect type utilities, and has no permanently attached additions); or

(b)

meet all the requirements for new construction.

7.

Temporary Non-Residential Structures. Prior to the issuance of a floodplain development permit for a temporary structure, the applicant must submit to the Floodplain Administrator a plan for the removal of such structure(s) in the event of a hurricane, flash flood or other type of flood warning notification. The following information shall be submitted in writing to the Floodplain Administrator for review and written approval:

(a)

a specified time period for which the temporary use will be permitted. Time specified may not exceed three (3) months, renewable up to one (1) year;

(b)

the name, address, and phone number of the individual responsible for the removal of the temporary structure;

(c)

the time frame prior to the event at which a structure will be removed (i.e., minimum of seventy-two (72) hours before landfall of a hurricane or immediately upon flood warning notification);

(d)

a copy of the contract or other suitable instrument with the entity responsible for physical removal of the structure; and

(e)

designation, accompanied by documentation, of a location outside the Special Flood Hazard Area, to which the temporary structure will be moved.

8.

Accessory Structures. When accessory structures (sheds, detached garages, etc.) are to be placed within a Special Flood Hazard Area, the following criteria shall be met:

(a)

Accessory structures shall not be used for human habitation (including working, sleeping, living, cooking or restroom areas);

(b)

Accessory structures shall not be temperature-controlled;

(c)

Accessory structures shall be designed to have low flood damage potential;

(d)

Accessory structures shall be constructed and placed on the building site so as to offer the minimum resistance to the flow of floodwaters;

(e)

Accessory structures shall be firmly anchored in accordance with the provisions of this Section;

(f)

All service facilities such as electrical shall be installed in accordance with the provisions of this Section; and

(g)

Flood openings to facilitate automatic equalization of hydrostatic flood forces shall be provided below regulatory flood protection elevation in conformance with the provisions of this Section;

(h)

An accessory structure with a footprint less than one hundred fifty (150) square feet that satisfies the criteria outlined above does not require an elevation or floodproofing certificate. Elevation or floodproofing certifications are required for all other accessory structures in accordance with this Section.

U.

Standards for Floodplains Without Established Base Flood Elevations

Within the Special Flood Hazard Areas designated as Approximate Zone A and established in Section 2.25 G., where no Base Flood Elevation (BFE) data has been provided by FEMA, the following provisions, in addition to the provisions of this Section, shall apply:

1.

No encroachments, including fill, new construction, substantial improvements or new development shall be permitted within a distance of twenty (20) feet each side from top of bank or five (5) times the width of the stream, whichever is greater, unless certification with supporting technical data by a registered professional engineer is provided demonstrating that such encroachments shall not result in any increase in flood levels during the occurrence of the base flood discharge.

2.

The BFE used in determining the regulatory flood protection elevation shall be determined based on the following criteria:

(a)

When Base Flood Elevation (BFE) data is available from other sources, all new construction and substantial improvements within such areas shall also comply with all applicable provisions of this ordinance and shall be elevated or floodproofed in accordance with standards in this Section.

(b)

When floodway or non-encroachment area data is available from a Federal, State, or other source, all new construction and substantial improvements within floodway and non-encroachment areas shall also comply with the requirements of this Section.

(c)

All subdivision, manufactured home park and other development proposals shall provide Base Flood Elevation (BFE) data if development is greater than five (5) acres or has more than fifty (50) lots/manufactured home sites. Such Base Flood Elevation (BFE) data shall be adopted by reference in accordance with this Section and utilized in implementing this ordinance.

(d)

When Base Flood Elevation (BFE) data is not available from a Federal, State, or other source as outlined above, the reference level shall be elevated or floodproofed (nonresidential) to or above the regulatory flood protection elevation, as defined in this Section. All other applicable provisions of this Section shall also apply.

V.

Standards for Riverine Floodplains with Base Flood Elevations but Without Established Floodways or Non-Encroachment Areas

Along rivers and streams where BFE data is provided by FEMA or is available from another source but neither floodway nor non-encroachment areas are identified for a Special Flood Hazard Area on the FIRM or in the FIS report, the following requirements shall apply to all development within such areas:

1.

Standards of this Section; and

2.

Until a regulatory floodway or non-encroachment area is designated, no encroachments, including fill, new construction, substantial improvements, or other development, shall be permitted unless certification with supporting technical data by a registered professional engineer is provided demonstrating that the cumulative effect of the proposed development, when combined with all other existing and anticipated development, will not increase the water surface elevation of the base flood more than one (1) foot at any point within the community.

W.

Floodways and Non-Encroachment Areas

Areas designated as floodways or non-encroachment areas are located within the Special Flood Hazard Areas established in this Section. The floodways and non-encroachment areas are extremely hazardous areas due to the velocity of floodwaters that have erosion potential and carry debris and potential projectiles. The following provisions, in addition to standards outlined in this Section, shall apply to all development within such areas:

1.

No encroachments, including fill, new construction, substantial improvements and other developments shall be permitted unless:

(a)

it is demonstrated that the proposed encroachment would not result in any increase in the flood levels during the occurrence of the base flood, based on hydrologic and hydraulic analyses performed in accordance with standard engineering practice and presented to the Floodplain Administrator prior to issuance of floodplain development permit, or

(b)

a Conditional Letter of Map Revision (CLOMR) has been approved by FEMA. A Letter of Map Revision (LOMR) must also be obtained upon completion of the proposed encroachment.

2.

No manufactured homes shall be permitted, except replacement manufactured homes in an existing manufactured home park or subdivision, provided the following provisions are met:

(a)

the anchoring and the elevation standards of this Section; and

(b)

the no encroachment standard of this Section.

X.

Effect on Rights and Liabilities Under the Existing Flood Damage Prevention Ordinance

This ordinance in part comes forward by re-enactment of some of the provisions of the flood damage prevention ordinance enacted September 17, 1979 as amended, and it is not the intention to repeal but rather to re-enact and continue to enforce without interruption of such existing provisions, so that all rights and liabilities that have accrued there under are reserved and may be enforced. The enactment of this ordinance shall not affect any action, suit or proceeding instituted or pending. All provisions of the flood damage prevention ordinance of the City of Statesville enacted on September 17, 1979 as amended, which are not reenacted herein are repealed.

Y.

Effect Upon Outstanding Floodplain Development Permits

Nothing herein contained shall require any change in the plans, construction, size, or designated use of any development or any part thereof for which a floodplain development permit has been granted by the floodplain administrator or his or her authorized agents before the time of passage of this ordinance; provided, however, that when construction is not begun under such outstanding permit within a period of six (6) months subsequent to the date of issuance of the outstanding permit, construction or use shall be in conformity with the provisions of this ordinance.

(Ord. No. 08-21, 3-1-2021; Ord. No. 30-21, 6-6-2021; Ord. No. 02-23, exh. A, 1-9-2023)