Statesville City Zoning Code

(a)

The seal heretofore provided and used by and for the city, the impression of which is in circular form with the words, "City of Statesville, North Carolina" in the outer circle and the words and numerals "Industry-Agriculture" inscribed across the front of the interior circle, depicting industry and agriculture, "Established 1789," "Incorporated 1847," a facsimile of which is shown below, shall be and is hereby established and declared to have been and now to he the official seal of the city.

(b)

The city seal shall be and remain in the custody of the city clerk.

(Code 1959, §§ 2-3, 2-4)

In all instances where an officer or employee of the city is required by law to furnish bond for the faithful performance of his duties, or for a proper accounting of funds of the city, the premiums upon the bond shall be paid by the city.

(Code 1959, § 2-5)

State Law reference— Officers and employees generally, G.S. §§ 160A-59 et seq., 160A-162 et seq.

In addition to the duties enumerated in the charter, it shall be the duty of the city manager to:

(1)

Countersign all checks issued by the city other than individual payroll checks;

(2)

Establish such departments and divisions within the city government as may be deemed necessary or expedient for the proper administration of municipal affairs.

(Code 1959, § 2-27)

State Law reference— City manager, G.S. § 160A-147 et seq.

The city clerk and treasurer may be the tax collector. He shall diligently collect the taxes due the city as required by the charter, ordinances and laws of the state and make due report of same and perform such other duties as tax collector as required by the charter, ordinances or laws of the state and perform such other duties as may from time to time be prescribed by the city council.

(Code 1959, § 19-1)

State Law reference— City clerk, G.S. § 160A-173.

If any person shall deliver to the city a check in payment of any debt due to or for any goods or services furnished by the city, and the check is not honored by the bank upon presentment, due to the status of drawer's account and not for any error made by the bank or the city or by the drawer in making the check, then the city treasurer or appropriate department head shall charge the offending drawer a fee in the amount established by the council to help defray the cost of collection. If any person is charged such fee three (3) times or more, the city treasurer or appropriate department head shall require that further payments be made by cash, certified check or money order.

(Code 1959, § 2-30)

(a)

It shall be the duty of the city clerk, treasurer and tax collector to keep their records and accounts in such manner as will permit an easy auditing in all respects, as far as the nature of the city's business permits. The accounting systems maintained by them shall conform to those employed by progressive business concerns and approved by the best usage.

(b)

All accounts shall be examined and certified to be correct by the city treasurer or, in his absence, the city manager.

(Code 1959, § 2-31)

There is hereby created and established a tourism development authority to provide and develop tourism promotion activities in and for the City of Statesville.

(Ord. No. 30-98, 11-2-98)

[The purpose of the authority is] to promote travel and tourism to the City of Statesville by advertising or marketing the Statesville area and activities herein, publishing and distributing pamphlets and other materials, conducting record research or engaging in similar promotional activities that attract tourists or businesses or business travelers to the Statesville area. [Also,] to promote tourism by capital expenditures for tourism related activities and administrative expenditures for the promotion of tourism activities.

(Ord. No. 30-98, 11-2-98)

A board to manage and direct the authority is hereby created and established. The governing board shall consist of nine (9) members appointed at-large by the city council and one (1) ex officio member, which shall be the Statesville Finance Director, as follows: three (3) individuals who own or operate a hotel or motel in the City of Statesville; four (4) individuals who are currently active in the promotion of travel and tourism in the City of Statesville; two (2) of whom are active in the Statesville community and interested in the promotion of travel and tourism (and is also a resident of the City of Statesville). In this section "promotion" has the same meaning as that of the purpose stated in section 2-201.

All nine (9) members shall be appointed by the city council. The finance officer shall be a nonvoting member.

The Statesville City Council shall designate one (1) member of the authority as chair.

(Ord. No. 30-98, 11-2-98)

The authority shall meet at the call of the chair and shall adopt rules of procedure to govern its meetings. The authority is a public authority under the Local Government Budget and Fiscal Control Act.

(Ord. No. 30-98, 11-2-98)

The tourism development authority shall have the following power and duties:

(1)

The authority shall expend the net proceeds from the tax levied under Senate Bill 1568, Session Laws 1998, Chapter 112, for the purposes stated in section 2-201. The authority shall promote travel, tourism, and conventions in the city, sponsor tourist-related events and activities in the city, finance tourist-related capital projects in the city and promote the Statesville Civic Center.

(2)

The authority shall issue quarterly reports and a report at the close of the fiscal year to the Statesville City Council. All reports shall include receipts and expenditures for the preceding quarter and for the year and in such detail as the city council may require.

(3)

The authority shall adopt an annual budget based on revenue projections provided by the finance director.

(Ord. No. 30-98, 11-2-98)

For the initial term, three (3) members shall serve for one year, three (3) members shall serve for two (2) years and three (3) members shall serve for three (3) years. Thereafter, the terms of members shall be for four (4) years or until their successors are appointed and qualified. Initial terms shall commence when the appointments are made by the Statesville City Council. Any vacancy on the board shall be filled for the unexpired term by the city council.

The duly appointed finance officer shall automatically serve on the board.

(Ord. No. 30-98, 11-2-98)

Members of the authority shall serve as such with the compensation approved and designated by Statesville City Council.

(Ord. No. 30-98, 11-2-98)

Faithful attendance at meetings of the authority is to be considered a prerequisite to continue membership. Any member missing three (3) consecutive meetings without an excused absence may be removed by the city council.

(Ord. No. 30-98, 11-2-98)

The city shall collect three (3) percent of the first five hundred thousand dollars ($500,000.00) and one percent of the remaining gross receipts for administering and collecting the tax. The authority may use no more than thirty-five (35) percent of the funds remitted to it by the city for administrative costs in carrying out these purposes. The authority shall use at least two-thirds of the remaining funds remitted to it by the city to promote travel and tourism in Statesville and shall use the remainder for tourism-related expenditures.

(Ord. No. 30-98, 11-2-98; Ord. No. 37-01, 8-7-01)

Before entering upon the duties of their respective offices, the mayor and city council shall take and subscribe the oath required by state law. The oath of office may be administered by any person so authorized by state law.

(Code 1959, § 2-2)

State Law reference— Oath of office, G.S. § 160A-61.

It shall be the duty of the mayor to:

(1)

Keep himself informed as to the city's business;

(2)

Preside over the meetings of the council when he is present;

(3)

Sign all contracts, franchises or paper writings authorized by the council;

(4)

Make such recommendations as he deems necessary or expedient to the council;

(5)

Appoint all special committees.

(Code 1959, § 2-7)

State Law reference— General powers of mayor, G.S. §§ 160A-67, 160A-69.

The regular meeting of the city council shall be at 6:00 p.m. in the city council chambers at city hall on each Monday of the first and third weeks of each calendar month. The city council may cancel any regular meeting or may postpone any regular meeting to another date; additionally, any regular meeting for which there is no agenda shall be deemed canceled.

(Code 1959, § 2-18; Ord. No. 5-09, 3-3-09)

State Law reference— Meetings generally, G.S. § 160A-71; notice of meetings, G.S. § 143-318.12.

Editor's note— At the direction of the city, the editor changed the city council's regular meeting time from 7:00 p.m. to 6:00 p.m.

The city clerk shall keep a book to be styled the "Minute Book" in which he shall preserve the official minutes of the city council proceedings. The minute book shall be open to the inspection of the public. The results of each vote of the council shall be recorded in the minutes, and upon request of any member of the council, the ayes and nays upon any question shall be taken.

(Code 1959, § 2-19)

State Law reference— Similar provisions, G.S. § 160A-72.

The city council shall determine its own rules. These rules may be suspended upon vote of two-thirds of the council. The mayor shall interpret and enforce the applicable parliamentary rules of the council. The city council may make additional procedural rules.

(Code 1959, §§ 2-9, 2-11)

Robert's Rules of Order, as amended shall be the recognized exponent of parliamentary law.

(Code 1959, § 2-10)

(a)

The agenda for the regularly scheduled meetings of the city council shall be prepared by the city manager.

(b)

Any item of business may be added to the agenda of any regularly scheduled meeting of the city council upon the request of the mayor, the mayor pro tempore, or any two (2) members of the city council.

(Code 1959, § 2-8; Ord. No. 17-09, 4-21-09)

The mayor or presiding officer shall decide questions of order, subject to an appeal to the council. Such appeals shall be by motion and may be debated.

(Code 1959, § 2-12)

All motions of the city council shall be reduced to writing at the request of the mayor or any member of the council.

(Code 1959, § 2-13)

When a question is under debate, no motion shall be received but to lie on the table, to postpone to a day certain, to commit, to amend or to postpone indefinitely. These motions shall have precedence in the order in which they are enumerated in this section.

(Code 1959, § 2-14)

A motion to reconsider shall not be entertained unless it be made by a councilman who voted with the majority, and such motion shall be made at the same or next succeeding meeting.

(Code 1959, § 2-15)

The following questions shall be decided without debate: To adjourn, to lie on the table, to read any paper, to take the ayes and nays for the previous question or to reconsider.

(Code 1959, § 2-17)

No council member shall speak more than a total of thirty (30) minutes on any question under debate except when a majority of the council shall vote to extend the period of time for debate for such member.

(Code 1959, § 2-16)

The city council may direct that any communication, petition or request to the council be put in writing.

(Code 1959, § 2-20)

Any resolution of the city council may be adopted upon the date of its introduction.

(Code 1959, § 2-21)

No person not a member of the city council shall speak on any matter pending without the consent of the mayor.

(Code 1959, § 2-24)

Any person may appear before the city council with petition or grievance. After all matters pertaining thereto shall have been fully explained by the petitioner or his attorney, the council may pass upon the merits of such petition or grievance at its earliest convenience.

(Code 1959, § 2-25; Ord. No. 12-02, 5-7-02)

There is hereby created and established the city community appearance commission, referred to in this division as the commission.

(Code 1959, § 2-121)

State Law reference— Authority to create commission, G.S. § 160A-451.

(a)

The commission shall be composed of eleven (11) members appointed by the mayor. All members shall be residents of the city's planning and zoning jurisdiction at the time of appointment.

(b)

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

(c)

Members shall be appointed for three-year staggered terms. Initially, commission appointments shall be: Three (3) members for one-year terms, three (3) members for two-year terms and three (3) members for three-year terms expiring on January 31 of the appropriate term of appointment. All subsequent appointments, except to fill a vacancy, shall be for three-year terms.

(d)

Members of the commission shall serve without pay, but may be reimbursed for actual expenses incidental to the performance of their duties within the limits of funds available to the commission.

(e)

Members of the commission shall be subject to removal by the mayor and council. The procedure for this shall be that the mayor will report, in open council session, the name of the member whose removal from the commission he deems to be in the best interest of the city. This must be confirmed by a two-thirds majority vote of the city council membership.

(Code 1959, §§ 2-121, 2-122; Ord. No. 14-95, 5-1-95; Ord. No. 24-13, 10-21-2013; Ord. No. 18-14, 10-20-2014)

State Law reference— Membership on commission, G.S. § 160A-451.

(a)

The commission shall elect a chairman, vice-chairman and secretary; the latter officer need not be a member of the commission. It shall also adopt bylaws to govern the conduct of its business.

(b)

A quorum of six (6) members shall be necessary to take any official action authorized or required by this division.

(c)

The commission shall maintain a record of its members' attendance and of its actions, findings and recommendations, which shall be open to the public.

(d)

The commission shall meet at regular, scheduled times and at other times as the commission may determine as provided for in the bylaws of the commission. All of its meetings shall be open to the public.

(Code 1959, § 2-123; Ord. No. 24-13, 10-21-2013; Ord. No. 18-14, 10-20-2014)

The commission shall have the power and duty to:

(1)

Initiate, promote and assist in the implementation of programs of general community beautification in the city;

(2)

Seek to coordinate the activities of individuals, agencies, and organizations, public and private, whose plans, activities and programs bear upon the appearance of the city;

(3)

Provide leadership and guidance in matters of area or community design and appearance to all public organizations and agencies; and, when and where requested, to all private individuals, organizations and agencies;

(4)

Make studies of the visual characteristics and problems of the city, including surveys and inventories of an appropriate nature, and to recommend standards and policies of design for the entire area, any portion or neighborhood thereof, or any project to be undertaken;

(5)

Prepare both general and specific plans for the improved appearance of the city; these plans may include the entire area or any part thereof, and may include private as well as public property. The plans shall set forth desirable standards and goals for the aesthetic enhancement of the city or any part thereof within its area of planning and zoning jurisdiction, including public ways and areas, open spaces, and public and private buildings and projects;

(6)

Request from the proper officials of any public agency or body, including agencies of the state and its potential subdivisions, its plans for public buildings, facilities or projects to be located within the city or its area of planning and zoning jurisdiction;

(7)

Review these plans and to make recommendations regarding their aesthetic suitability to the appropriate agency, or to the planning board or city council. All plans shall be reviewed by the commission in a prompt and expeditious manner, and all recommendations of the commission with regard to any public project shall be made in writing. Copies of the recommendation shall be transmitted promptly to the planning board or city council and to the appropriate agency;

(8)

Formulate and recommend to the city council the adoption or amendment of ordinances (including the zoning ordinances, subdivision regulations and other local ordinances regulating the use of property) that will, in the opinion of the commission, serve to enhance the appearance of the city and its surrounding areas;

(9)

Direct the attention of city officials to needed enforcement of any ordinance that may in any way affect the appearance of the city;

(10)

Seek voluntary adherence to the standards and policies of its plans;

(11)

Enter, in the performance of its official duties and at reasonable times, upon private lands, with the property owner's permission, and make examinations or surveys;

(12)

Promote public interest in and an understanding of its recommendations, studies and plans, and to that end to prepare, publish and distribute to the public such studies and reports as will, in the opinion of the commission, advance the cause of improved municipal appearance;

(13)

Conduct public meetings and hearings, giving reasonable notice to the public thereof.

(14)

Formulate a master street tree plan. The plan will specify the priorities, standards, and species for tree planting within street rights-of-way and other property in the city. From an after the effective date of the master street tree plan or any amendment thereof, all planting shall conform thereto. All tree planting, maintenance and removal is to be in accordance with the master street tree plan and must comply with the provisions of chapter 24 of this Code. The plan shall consider the existing and future utility and environmental factors when recommending a specific species for each of the streets and other public sites in the city;

(15)

Conduct a tree survey of existing trees along streets and on city property within the city;

(16)

Assist city staff to formulate a written plan for the care, pruning, planting, preservation or removal of trees in parks, along streets and other public places.

(Code 1959, § 2-124; Ord. No. 24-13, 10-21-2013)

State Law reference— Similar provisions, G.S. § 160A-452.

The commission shall, no later than April 15 of each year, submit to the city council a written report of its activities, a statement of its expenditures to date for the current fiscal year, and its requested budget for the next fiscal year. All accounts and funds of the commission shall be administered substantially in accordance with the requirements of the Municipal Fiscal Control Act.

(Code 1959, § 2-125)

State Law reference— Similar provisions, G.S. § 160A-454.

In addition, the commission may, from its own membership, establish any temporary or permanent committees needed to assist in the study of specific questions and problems to include promotion and enforcement of the city tree ordinance.

(Code 1959, § 2-126; Ord. No. 24-13, 10-21-2013)

State Law reference— Advisory committees or council authorized, G.S. § 160A-453.

The city shall provide the commission with adequate staff and technical services to complete the functions and activities of the commission in accordance with the annual work plan set out in the city budget.

(Code 1959, § 2-127; Ord. No. 24-13, 10-21-2013)

State Law reference— Similar provisions, G.S. § 160A-453.

The commission may receive contributions from private agencies, foundations, organizations, individuals, the state or federal government, or any other source in addition to any sums appropriated for its use by the city council. It may accept and disburse these funds for any purpose within the scope of its authority and as herein specified.

(Code 1959, § 2-128)

State Law reference— Similar provisions, G.S. § 160A-455.